Drug cases dismissed following pleas by corrupt narcotics cops
S.W. Mich. city's police chief leaves his post; city may face civil suits over officer misconduct
By Eartha Jane Melzer 9/28/09
BENTON HARBOR — Berrien County Prosecutor Arthur Cotter has dismissed 40 drug convictions since members of Benton Harbor’s police narcotics unit pleaded guilty to federal charges that they made up evidence, conducted illegal searches and wrongfully arrested people.
Officer Andrew Collins pleaded guilty to participation in a pervasive pattern of police corruption last year and is serving 37 months in federal prison. This month Officer Bernard Hall, Collins’ supervisor, admitted that he allowed, and benefited from, corruption that included stealing seized property from the police department. Hall is expected to be sentenced in December.
Cotter said that he is continuing to review the many cases that involved the two officers who comprised the city’s entire narcotics unit.
“They didn’t engage in misconduct in every single case they did,” Cotter said. “The problem is that everybody who had a case now wants review.”
Although the majority of those who were charged following improper searches and arrests pleaded guilty and formally waived their right to appeal, Cotter said that he is committed to reviewing the cases.
In some instances where those convicted in flawed cases have gone on to be charged with subsequent crimes, and because sentencing guidelines take into account previous convictions, Cotter has found that in some cases sentences need to be adjusted in matters that are not directly related to misbehavior by Benton Harbor police.
“It’s been a journey getting through all these cases,” Cotter said, “but we are getting through them.”
However, the fallout from actions by Collins and Hall is far from over.
Collins and Hall may face civil suits for their role in violating people’s rights, Cotter said. “In terms of civil liability, from the perspective of the county, no one knew the information provided by the police was false so there is governmental immunity.”
As to the liability up the chain of command in the police department and within city government he said he’s “not sure of the depth of the liability.”
David Robinson, a former Detroit police officer turned Southfield attorney, told Michigan Messenger that he is researching cases on behalf of six people who were wrongly arrested by Collins and whose cases have been dismissed as a result of Collins conviction.
“Our intention is to file a federal civil rights cause of action under 42 U.S.C. 1983 against the city and supervisors, the chief of police, and any responsible party,” Robinson said.
“Andrew Collins wrongfully arrested them and caused their detention. Not only is he responsible but arguably his employer, the city, was responsible.”
Robinson said that he believes that Collins’ misbehavior had gone on over a significant period of time and that the Benton Harbor Police Department failed to maintain necessary procedures for supervision and failed to adequately respond to complaints by citizens who warned of police abuse.
“Someone was asleep at the switch in terms of administrative responsibility to operate the police department.” Robinson said.
Benton Harbor City Commissioner Juanita Henry said she believes the city is responsible for the misdeeds of its officers and that changes are underway as a result of the recent pleas by Collins and Hall.
One major step, she said, is the departure of Police Chief Al Mingo, who is leaving his job at the end of this month.
Mingo’s departure, Henry said “eliminates 55 percent of the problem.”
“He is the chief. He has authority over the whole police department. It happened on his watch.”
“We are paying for his mistakes because our citizens have been imprisoned.”
Henry said that she anticipates the city will face financial penalties as a result of the corruption in the police department.
“There is some liability that the city is going to have to be responsible for,” she said, “there is going to have to be some accountability.”
“The only thing I can do as a commissioner is to apologize to the citizens who have been impacted by this.”
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jeremy1 1 day ago
he Berrien County chain of command, as many know, goes all the way to the Whirlpool Corporation and the Uptons. It's their plan to rid Benton Harbor's African-American, poverty-stricken population BY ANY MEANS NECESSARY. Golfers playing on land stolen from Benton Harbor shouldn't have to wade through any rif-raff, for heavens sakes. Hence, the highest incarceration rates in the state come from the Berrien courthouse.. The highest conviction rates of innocents and juveniles. And, Whirlpool and Upton have Gov. Jennifer Granholm as one of their biggest supporters...
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461OceanBlvd 1 day ago
boy, you're right. benton harbor is great just as it is. greater than 50 percent drop out rate and school district with a $7 million deficit budget THIS YEAR. a city council that fires every city manager who questions city finances and asks why they pay twice as much for garbage collection as cities twice as big. shame on the uptons and whirlpool for trying to bring a tax base and jobs to the once proud city they knew 50 years ago. stealing a park that no one went to and making the beach facilities even nicer than those in st. joe. let's take that convicted vote fraud felon and make him the mayor.
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jeremy1 1 day ago
article states: Cotter said. “In terms of civil liability, from the perspective of the county, no one knew the information provided by the police was false so there is governmental immunity.”
This is completely false. But, Cotter is part of the corruption, as are all who make a living in the courthouse - heck, maybe all who make a living in the county! Let's just say that complicity with the corruption is rampant within Berrien County. Cotter and many, many others knew exactly what cops were doing. It's apartheid bordering on genocide right here in the state of Michigan.
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DougDante 1 day ago
Thank you Cotter for your pledge to help the many innocent people that these criminals have stuck in prison.
http://michiganmessenger.com/26968/drug-cases-dismissed-following-pleas-by-corrupt-narcotics-cops
Wednesday, September 30, 2009
Sunday, September 27, 2009
Fred Upton still among richest in Congress
By Kalamazoo Gazette staff
September 15, 2009
John A. Lacko | Special to the Kalamazoo Gazette
WASHINGTON -- U.S. Rep. Fred Upton, R-St. Joseph, is again listed as one of the most affluent members of Congress.
Upton is 31st among the 50 richest members of Congress in the latest rankings, based on 2008 financial disclosure statements that were due in May, according to Roll Call, a Washington, D.C., political news source.
Upton moved up from 39th place in 2007 and was one of a handful of wealthy federal lawmakers who saw the value of their minimum net worth increase amid the economic recession.
An heir to the Whirlpool Corp. fortune, Upton listed assets of $8.07 million, up from $7.21 million the previous year, and no liabilities.
Upton was the only federal lawmaker from Michigan to make the top-50 list.
U.S. Sen. John Kerry, D-Mass., continued his top ranking in 2008 with a minimum net worth of $167.5 million, followed by U.S. Rep. Darrell Issa, R-Calif., who had a net worth of $164.7 million.
Of the 50 wealthiest members of Congress, 28 are Democrats and 22 are Republicans.
http://www.mlive.com/news/kalamazoo/index.ssf/2009/09/fred_upton_still_among_richest.html
September 15, 2009
John A. Lacko | Special to the Kalamazoo Gazette
WASHINGTON -- U.S. Rep. Fred Upton, R-St. Joseph, is again listed as one of the most affluent members of Congress.
Upton is 31st among the 50 richest members of Congress in the latest rankings, based on 2008 financial disclosure statements that were due in May, according to Roll Call, a Washington, D.C., political news source.
Upton moved up from 39th place in 2007 and was one of a handful of wealthy federal lawmakers who saw the value of their minimum net worth increase amid the economic recession.
An heir to the Whirlpool Corp. fortune, Upton listed assets of $8.07 million, up from $7.21 million the previous year, and no liabilities.
Upton was the only federal lawmaker from Michigan to make the top-50 list.
U.S. Sen. John Kerry, D-Mass., continued his top ranking in 2008 with a minimum net worth of $167.5 million, followed by U.S. Rep. Darrell Issa, R-Calif., who had a net worth of $164.7 million.
Of the 50 wealthiest members of Congress, 28 are Democrats and 22 are Republicans.
http://www.mlive.com/news/kalamazoo/index.ssf/2009/09/fred_upton_still_among_richest.html
Friday, September 25, 2009
Only in Berrien County and Only Rep. Fred Upton
In his southwest Michigan district, Rep. to US Congress Fred Upton is increasingly being called Fred Upchuck. And, his Whirlpool company newspaper, the Herald Palladium, is known as the Herald Pollution.
It's a shameful rag which hides all Whirlpool and Upton secrets and tries to keep the county population in the dark about information of any import.
A recent FRONT PAGE Herald Pollution piece crystalizes the problem faced by county residents who care about being educated about real news. A quick look at the following recent letters to the editor (surprizingly printed by the Pollution) tells the sickening story. Letters have been shortened, but no wording has been altered.
Who cares what music is played for House callers?
I am sincerely offended that The Herald-Palladium would headline the front page of the paper with Fred Upton being upset about the music being played during "on hold" telephone calls to the Congress. A brief paragraph elsewhere in the paper would have been more appropriate. Mr. Upton should be embarrassed as well.
Mr. Upton's energy should be devoted to some critical thinking about solving the major problems facing the country, such as: providing reasonable health care for the populace; bringing clean energy jobs home to Michigan, where they are desperately needed (which he voted against); improving education for the state's children and how to have more students finishing college; having input in legislation that will rein in Wall Street, the banks and insurance companies like AIG.
Diana Harper, Benton Harbor
Focus on what matters, not on trivial pursuits
In reading Elaine Ruell's letter in the Sept. 10 newspaper ("Upton, H-P should be ashamed for being trivial"), I wanted to call her and thank her for expressing what a lot of people in this area feel. Yep - some of our so-called "representatives" have nothing better to do than focus on the ridiculous, rather than working on what is best for the people of this state and nation. Elevator music! What a joke. Once, just once, I'd like to hear Upton speak out about something.
OK, now let me call Washington and see what the tune of the day is.
Ralph Catania, Benton Harbor
Letter writer was right on in criticizing Upton
Editor,
Thank you, Elaine Ruell of South Haven, for writing the letter ("Upton, H-P should be ashamed for being trivial") I meant to write regarding Upton's grandstanding flap over the music on hold in congressional offices. I, too, found it ridiculous that The H-P thought it was headline news.
Janis Sexton, Buchanan
Mr. Upton should stop wasting his time and taxpayer money on call-waiting music and get busy speaking out against the Republican losers who are engaging in a national tantrum that is getting out of control. It could cost him some votes, and possibly even his job, but it would still be the most worthwhile thing he ever did in office.
Scott Elliott, Benton Harbor
It's a shameful rag which hides all Whirlpool and Upton secrets and tries to keep the county population in the dark about information of any import.
A recent FRONT PAGE Herald Pollution piece crystalizes the problem faced by county residents who care about being educated about real news. A quick look at the following recent letters to the editor (surprizingly printed by the Pollution) tells the sickening story. Letters have been shortened, but no wording has been altered.
Who cares what music is played for House callers?
I am sincerely offended that The Herald-Palladium would headline the front page of the paper with Fred Upton being upset about the music being played during "on hold" telephone calls to the Congress. A brief paragraph elsewhere in the paper would have been more appropriate. Mr. Upton should be embarrassed as well.
Mr. Upton's energy should be devoted to some critical thinking about solving the major problems facing the country, such as: providing reasonable health care for the populace; bringing clean energy jobs home to Michigan, where they are desperately needed (which he voted against); improving education for the state's children and how to have more students finishing college; having input in legislation that will rein in Wall Street, the banks and insurance companies like AIG.
Diana Harper, Benton Harbor
Focus on what matters, not on trivial pursuits
In reading Elaine Ruell's letter in the Sept. 10 newspaper ("Upton, H-P should be ashamed for being trivial"), I wanted to call her and thank her for expressing what a lot of people in this area feel. Yep - some of our so-called "representatives" have nothing better to do than focus on the ridiculous, rather than working on what is best for the people of this state and nation. Elevator music! What a joke. Once, just once, I'd like to hear Upton speak out about something.
OK, now let me call Washington and see what the tune of the day is.
Ralph Catania, Benton Harbor
Letter writer was right on in criticizing Upton
Editor,
Thank you, Elaine Ruell of South Haven, for writing the letter ("Upton, H-P should be ashamed for being trivial") I meant to write regarding Upton's grandstanding flap over the music on hold in congressional offices. I, too, found it ridiculous that The H-P thought it was headline news.
Janis Sexton, Buchanan
Mr. Upton should stop wasting his time and taxpayer money on call-waiting music and get busy speaking out against the Republican losers who are engaging in a national tantrum that is getting out of control. It could cost him some votes, and possibly even his job, but it would still be the most worthwhile thing he ever did in office.
Scott Elliott, Benton Harbor
Tuesday, September 22, 2009
Tomorrow is Day 70 of the Illegal House Imprisonment of Rev. Edward Pinkney
Berrien County Court could be the first in Michigan history to ignore the ruling of a higher court. See http://www.aclumich.org/issues/free-speech/2009-07/1383
Berrien County Court could be the first in Michigan history to ignore the ruling of a higher court. See http://www.aclumich.org/issues/free-speech/2009-07/1383
Sunday, September 13, 2009
Victory for the People of Benton Harbor, Michigan
NAACP Benton Harbor branch will not be a subject of Whirlpool corporate rule
With Marcus Robinson and others under the control of the Whirpool Corporation attempting a takeover of the BH NAACP branch, it is gratifying for residents and supporters from all over to know that the following slate of officers won by a landslide yesterday:
President - Rev. Edward Pinkney
Vice Pres - Deanna Chopin
2nd Vice Pres - Greg Cleveland
Secretary - Joyce Smith
2nd Sec'y - Helen McKenzie
Treasurer - Belinda Brown
With Marcus Robinson and others under the control of the Whirpool Corporation attempting a takeover of the BH NAACP branch, it is gratifying for residents and supporters from all over to know that the following slate of officers won by a landslide yesterday:
President - Rev. Edward Pinkney
Vice Pres - Deanna Chopin
2nd Vice Pres - Greg Cleveland
Secretary - Joyce Smith
2nd Sec'y - Helen McKenzie
Treasurer - Belinda Brown
Friday, September 11, 2009
Poverty Comes With A Price In St. Joseph, Michigan
PHOTO /LENETTE EVANS
Cordell Price is man in his late 40s who lives at the River Watch Hotel in Benton Harbor, Michigan. He is kind-hearted, outgoing, motivated, and always greets you with a warm and friendly smile and the utmost respect. He is loved by many who know him in the St. Joseph area. St. Joseph is across the river from Benton Harbor.
Every day for the past 15 years, Cordell has walked throughout the streets of St. Joseph picking up bottles and cans at many of the local businesses down at Silver Beach, and is seen at Harding’s, Rooster’s, and Martin’s grocery stores cashing in the bottles and cans he has collected. The first time I met him he was crawling out of a trash dumpster, and I have helped him many times with money and rides to the store.
But EVERY DAY THE POLICE FOLLOW HIM EVERYWHERE HE GOES. They track his routes and harass him any chance they get, going through his bags and accusing him of things he is not doing.
The people at the BP gas station at Niles and Napier Ave. know Cordell personally, but one afternoon a police officer saw him there with his oversized trash bag of cans, and assumed that a grocery cart he was using had been taken from Harding’s. That grocery cart had been at BP for over a month, but the police officer threatened Cordell Price. “You have a half an hour to get the cart back to Harding’s or else I will arrest you,” he said.
Recently he was at Silver Beach when a white woman yelled a racist comment at him, saying, “NIGGER WHY DON’T YOU GO BACK TO WHERE YOU CAME FROM ACROSS THE BRIDGE.” He has been told this by three different women at the beach and around town.
On other occasions, Cordell has been harassed and falsely accused while recycling at residential homes in downtown St. Joseph, where owners had given him permission to take the bottles and cans they left for him. He was once at Rooster’s talking to a good friend, a white lady who asked him if he wanted some bottles and cans that she had in her car. Suddenly the police showed up, again giving him a hard time.
This is a vendetta. Cordell is not a criminal and does not steal. He is a good man who walks the streets of St. Joe trying to earn a living with what little he has.
Our officers need to change their attitudes, stand behind justice not injustice, and STOP BEING RACIST. This is not a black or white issue. This is about acceptance. Jesus said we are to love all people. Let’s have compassion for people no matter what their color or race is.
The police need to go after real criminals and leave our homeless and poor alone. One day you too may be picking up bottles and cans on the streets to make a living. Would you want someone to harass you, follow you, and make racial slurs at you like they do to Cordell?
Why don’t the police help Cordell get a good paying job? He does more to clean up the city than the officers who ride around in police cars wasting gas all day. GET OFF YOUR BUTTS AND GET TO WORK finding real criminals instead of harassing people like Cordell who are only trying to make a living.
Lenette Evans, Saving Souls Ministries, Benton Harbor/St. Joseph, MI 269-876-1848
http://www.peoplestribune.org/PT.2009.09/PT.2009.09.04.html#two
“Now if you want to know what Rev. Edward Pinkney of Benton Harbor Michigan has in common with imprisoned Aung San Suu Kyi of Burma, Nelson Mandela of South Africa, Mohandas Gandhi, India, Esmeralda in the 1939 movie Hunch Back of Notre Dame, Joan of Arc, Ceaser Chavez, Martin Luther King, Eleanor Roosevelt, or the people of Honduras now fighting an evil Terrorist Coup d’ ‘etat, well, they were all persecuted for standing up for justice and speaking truth to power!” — Dorothy Pinkney
“Of course the religious community can be relieved that quoting scripture, even against ‘the powers and authorities,’ may still be considered protected speech. When Mary, the peasant mother of Jesus, proclaims that God has done great things.scattering the proud in their conceit, casting down the mighty from their thrones and lifting up the lowly, filling the hungry with good things and sending the rich away empty, she is virtually quoting Hebrew scripture. We can rejoice, but we must continue to resist any silencing of the prophetic voices among us. Many of us remain shocked at the outrageous arrogance of the Berrien County courts. With their rulings exposed and overturned, they continue to hold Rev. Pinkney tethered and on house arrest. He must be freed and his voice heard.” — Bill Wylie-Kellermann, Pastor, St. Peter’s Episcopal Church, Detroit
http://www.peoplestribune.org/PT.2009.09/PT.2009.09.12.html
Thursday, September 10, 2009
Will Whirlpool/Upton Corruption be Brought Down?
(Media-Newswire.com) - 9/10/09 - GRAND RAPIDS, MI—Bernard Hall, Jr., age 33, of Benton Harbor, Michigan, pleaded guilty to conspiracy to violate the civil rights of inhabitants of the City of Benton Harbor, U.S. Attorney Donald A. Davis announced today. Hall was indicted back in July 2009 in connection with a corruption investigation involving the Benton Harbor Police Department. Hall faces a maximum penalty of 10 years’ imprisonment and a maximum fine of $250,000.
At the time of the offenses alleged in the Indictment, Bernard Hall, Jr. was a sworn police officer of the Benton Harbor Police Department ( BHPD ), serving as the ranking police officer and supervisor of the Narcotics Unit. As head of the Narcotics Unit, Hall was responsible for the supervision of other police officers assigned to the unit—including former BHPD police officer Andrew Thomas Collins. Collins is currently serving time in federal prison for his felony drug conviction on January 26, 2009. At the time of his conviction, Collins admitted that he abused his position of trust as a BHPD officer, in that on more than one occasion he failed to report and submit to the BHPD all narcotics he seized in the course of his duties and instead retained possession of narcotics for his own use, gain or purpose. Collins also admitted that he reported false and fictitious controlled purchases to the BHPD for the purpose of improperly securing search warrants and to embezzle funds of the BHPD.
Count one of the Indictment alleges that Hall and Collins were involved in a pervasive pattern of police corruption resulting in the violation of the civil rights of inhabitants of the City of Benton Harbor. The Indictment alleges that Hall and Collins falsified search warrant affidavits, obtained search warrants without probable cause, embezzled funds from the Benton Harbor Police Department, filed false police reports, and unlawfully seized and misappropriated individuals’ money and personal property for their own personal use.
The U.S. Attorney’s Office, the FBI and its law enforcement partners consider allegations of public corruption to be of the highest importance and priority. U.S. Attorney Davis explained that: “ Because the respect and confidence the citizens place in their governmental institutions is dependant upon the honest and faithful services of the governmental employee, my office will aggressively pursue and prosecute governmental employees who violate their solemn oath and duties.” U.S. Attorney Davis further vowed that his office will work diligently with its law enforcement partners to seek out and remedy any wrongful convictions resulting from Hall’s and Collins’ alleged criminal conduct.
The investigation of this matter was conducted by the St. Joseph Office of the FBI with the cooperation of the Michigan State Police, the Berrien County Prosecutor’s Office and the BHPD. This case is being prosecuted by Assistant U.S. Attorney Brian K. Delaney. [The only hope for Benton Harbor residents to have the state of seige lifted from their community rests with the two US Attorneys, Davis and Delaney. This last paragraph lists people and institutions who have aided and abetted criminal and unconstitutional court and law enforcement behaviors for decades. Their masters are Rep. Fred Upton and Whirlpool Corporation.]
http://media-newswire.com/release_1098521.html
At the time of the offenses alleged in the Indictment, Bernard Hall, Jr. was a sworn police officer of the Benton Harbor Police Department ( BHPD ), serving as the ranking police officer and supervisor of the Narcotics Unit. As head of the Narcotics Unit, Hall was responsible for the supervision of other police officers assigned to the unit—including former BHPD police officer Andrew Thomas Collins. Collins is currently serving time in federal prison for his felony drug conviction on January 26, 2009. At the time of his conviction, Collins admitted that he abused his position of trust as a BHPD officer, in that on more than one occasion he failed to report and submit to the BHPD all narcotics he seized in the course of his duties and instead retained possession of narcotics for his own use, gain or purpose. Collins also admitted that he reported false and fictitious controlled purchases to the BHPD for the purpose of improperly securing search warrants and to embezzle funds of the BHPD.
Count one of the Indictment alleges that Hall and Collins were involved in a pervasive pattern of police corruption resulting in the violation of the civil rights of inhabitants of the City of Benton Harbor. The Indictment alleges that Hall and Collins falsified search warrant affidavits, obtained search warrants without probable cause, embezzled funds from the Benton Harbor Police Department, filed false police reports, and unlawfully seized and misappropriated individuals’ money and personal property for their own personal use.
The U.S. Attorney’s Office, the FBI and its law enforcement partners consider allegations of public corruption to be of the highest importance and priority. U.S. Attorney Davis explained that: “ Because the respect and confidence the citizens place in their governmental institutions is dependant upon the honest and faithful services of the governmental employee, my office will aggressively pursue and prosecute governmental employees who violate their solemn oath and duties.” U.S. Attorney Davis further vowed that his office will work diligently with its law enforcement partners to seek out and remedy any wrongful convictions resulting from Hall’s and Collins’ alleged criminal conduct.
The investigation of this matter was conducted by the St. Joseph Office of the FBI with the cooperation of the Michigan State Police, the Berrien County Prosecutor’s Office and the BHPD. This case is being prosecuted by Assistant U.S. Attorney Brian K. Delaney. [The only hope for Benton Harbor residents to have the state of seige lifted from their community rests with the two US Attorneys, Davis and Delaney. This last paragraph lists people and institutions who have aided and abetted criminal and unconstitutional court and law enforcement behaviors for decades. Their masters are Rep. Fred Upton and Whirlpool Corporation.]
http://media-newswire.com/release_1098521.html
Friday, September 04, 2009
Whirlpool Hid Facts of Toxins in Park Land
ENVIRONMENTAL RACISM
Park plan: Whirlpool gets golf, public gets toxins
Developers kept facts of toxic stew from federal agency
By Teresa Kelly
Michigan Citizen, Sept. 9, 2009 issue
GRAND RAPIDS-Citizens from the impoverished and 93 percent Black Benton Harbor revealed to a federal judge Fri. Aug. 28, that property the city received for giving up 22 acres of pristine beach front is toxic.
Whirlpool Corp., the world's largest manufacturer of washing machines with its international headquarters in neighboring Benton Twp., kept the dirty secret from the U.S. Corps of Army Engineers and from the public, residents' attorney Terry Lodge told Judge Robert Holmes Bell during a hearing in U.S. District Court.
Whirlpool-backed Harbor Shores Development obtained a 106-year lease of 22 acres of Jean Klock Park to develop as a Jack Nicklaus Signature golf course with views of Lake Michigan. Klock Park is the city's major park used by residents for reunions, baptisms, picnics, swimming, concerts and play located on Lake Michigan.
The financially decimated city had to have the golf course as the anchor for economic development, Harbor Shores convinced the city commission to secure approval. But residents sued August 2008 claiming the golf course violated the Land and Water Conservation Act and the Environmental Protection Act.
“Contrary to what was disclosed to the public for scrutiny …in early 2008 by the Michigan Dept. of Natural Resources (MDNR), the Dept. of Environmental Quality, and the City of Benton Harbor, we now know that all but one of the seven conversion mitigation parcels swapped for JKP [Jean Klock Park] land are contaminated,” Lodge wrote to the Army Corps in March 2009.
Arsenic and lead are two major poisons in the "alphabet stew" of poisons.
Lodge explained to Judge Bell that his clients discovered that toxins existed only after extensive Freedom of Information filings and searches. Had the public known of the toxins, public comments would have been different, they argue. Had the oversight agencies known, their due diligence requirements would have been greater, Lodge argued before the court.
“We had to go through boxes at the DNR before we discovered this information,” Julie Weiss, a plaintiff said following the hearing. She said none of the information was available to the public either online or in hand-outs during the public comment time. Nor did the Corps of Engineers have it.
In asking the court to rescind the golf course permit, Lodge related to Judge Holmes what the toxins meant to the residents.
People must stay on the wooden walkways that have been constructed over the former industrial sites that serve as park land in compensation for the loss of the Lake Michigan beach front dunes, Lodge said.
“There can't be any strolls or hikes over the dunes, they are gone, he said. “They now have a wooden walkway.” The walkways traverse former industrial sites and are located a distance from Lake Michigan.
The soil in these parcels cannot come in touch with the skin, Lodge said. If there is a break in the walkway it must be repaired within 30 days, so people will not have contact with the soil. Signs must be posted warning visitors to stay on the walkway.
The revelation of toxins was not the only new information presented to the court at the Aug. 28 hearing.
Whirlpool has decimated the beachfront property. Lodge described how developers have removed eight acres of forested land; taken up nearly four acres of the beach with a relocated parking lot; are hauling away 18,000 cubic yards or 900 truck loads of dunes sand; immobilizing the dunes with top soil; and have cut down 80 to 90 cottonwood trees along the famed beach front drive.
Sand dunes are shifting, live features of lake front environment, Lodge said. Removing the sand and piling on top soil stops the shifting to provide stability for a golf green, a major reconstruction.
“This is major federal activity,” Lodge argued. As such the project requires more extensive environmental review than has been provided. Citizens did not realize the extent of the disruption, plaintiffs say.
Approximately 45 acres have been "massively transformed", Lodge argued, noting that Harbor Shores had not "stayed within the lines" it drew on a map when presenting the plan to the government.
In securing approvals, developers argued to federal and state agencies that the course will provide recreation for city residents. However, it costs $75 to play the nine holes now open and when all 18 holes are ready, it will be $175 per round. According to census data, per capita income for Benton Harbor was $8,965, the lowest in Michigan.
Sitting in the courtroom Friday, was former Whirlpool CEO and current Harbor Shores Chairman David R. Whitwam.
Whitwam is one of the supporters of the golf course. He shares his views of the project on the Harbor Shores web site.
“It is a very exciting time for the Harbor Shores project. As you drive throughout the project area, you can begin to see physical signs of progress. Much work remains. Yet, it is truly fulfilling to begin seeing the transformation taking place.”
The golf course is one part of a 530-acre project involving St. Joseph, Benton Harbor and Benton Township. Part of the land Benton Harbor claims in the project is being leased for 20 years from St. Joseph and after development will return to St. Joseph ownership and tax collections.
Arguing that all environmental assessments had been adequate and appropriate were four attorneys representing the two federal agencies, the city and Harbor Shores.
Harbor Shores has retained the law firm of former mayor and GOP stalwart Rudy Guiliani.
According to one of the plaintiffs, Scott Elliott, politics have driven the project since it was first rejected by the Park Service as not in the public interest. Developers came back with a "lesser plan that had the full force of Gov. Jennifer Granholm and U.S. Representative Fred Upton pushing it," Scott said. Upton is a Whirlpool heir.
Judge Bell told the parties they had seven days to file additional briefs.
Jean Klock Park was a gift from by J.N. and Carrie Klock in memory of their daughter Jean who had passed away. In dedicating the property to the children of Benton Harbor, Klock said, "Perhaps some of you do not own a foot of ground, remember then, that this is your park, it belongs to you…. The beach is yours, the dunes are yours, all yours…."
For more information see, protectjkp.com. And harborshoresdevelopment.com
michigancitizen.com
Park plan: Whirlpool gets golf, public gets toxins
Developers kept facts of toxic stew from federal agency
By Teresa Kelly
Michigan Citizen, Sept. 9, 2009 issue
GRAND RAPIDS-Citizens from the impoverished and 93 percent Black Benton Harbor revealed to a federal judge Fri. Aug. 28, that property the city received for giving up 22 acres of pristine beach front is toxic.
Whirlpool Corp., the world's largest manufacturer of washing machines with its international headquarters in neighboring Benton Twp., kept the dirty secret from the U.S. Corps of Army Engineers and from the public, residents' attorney Terry Lodge told Judge Robert Holmes Bell during a hearing in U.S. District Court.
Whirlpool-backed Harbor Shores Development obtained a 106-year lease of 22 acres of Jean Klock Park to develop as a Jack Nicklaus Signature golf course with views of Lake Michigan. Klock Park is the city's major park used by residents for reunions, baptisms, picnics, swimming, concerts and play located on Lake Michigan.
The financially decimated city had to have the golf course as the anchor for economic development, Harbor Shores convinced the city commission to secure approval. But residents sued August 2008 claiming the golf course violated the Land and Water Conservation Act and the Environmental Protection Act.
“Contrary to what was disclosed to the public for scrutiny …in early 2008 by the Michigan Dept. of Natural Resources (MDNR), the Dept. of Environmental Quality, and the City of Benton Harbor, we now know that all but one of the seven conversion mitigation parcels swapped for JKP [Jean Klock Park] land are contaminated,” Lodge wrote to the Army Corps in March 2009.
Arsenic and lead are two major poisons in the "alphabet stew" of poisons.
Lodge explained to Judge Bell that his clients discovered that toxins existed only after extensive Freedom of Information filings and searches. Had the public known of the toxins, public comments would have been different, they argue. Had the oversight agencies known, their due diligence requirements would have been greater, Lodge argued before the court.
“We had to go through boxes at the DNR before we discovered this information,” Julie Weiss, a plaintiff said following the hearing. She said none of the information was available to the public either online or in hand-outs during the public comment time. Nor did the Corps of Engineers have it.
In asking the court to rescind the golf course permit, Lodge related to Judge Holmes what the toxins meant to the residents.
People must stay on the wooden walkways that have been constructed over the former industrial sites that serve as park land in compensation for the loss of the Lake Michigan beach front dunes, Lodge said.
“There can't be any strolls or hikes over the dunes, they are gone, he said. “They now have a wooden walkway.” The walkways traverse former industrial sites and are located a distance from Lake Michigan.
The soil in these parcels cannot come in touch with the skin, Lodge said. If there is a break in the walkway it must be repaired within 30 days, so people will not have contact with the soil. Signs must be posted warning visitors to stay on the walkway.
The revelation of toxins was not the only new information presented to the court at the Aug. 28 hearing.
Whirlpool has decimated the beachfront property. Lodge described how developers have removed eight acres of forested land; taken up nearly four acres of the beach with a relocated parking lot; are hauling away 18,000 cubic yards or 900 truck loads of dunes sand; immobilizing the dunes with top soil; and have cut down 80 to 90 cottonwood trees along the famed beach front drive.
Sand dunes are shifting, live features of lake front environment, Lodge said. Removing the sand and piling on top soil stops the shifting to provide stability for a golf green, a major reconstruction.
“This is major federal activity,” Lodge argued. As such the project requires more extensive environmental review than has been provided. Citizens did not realize the extent of the disruption, plaintiffs say.
Approximately 45 acres have been "massively transformed", Lodge argued, noting that Harbor Shores had not "stayed within the lines" it drew on a map when presenting the plan to the government.
In securing approvals, developers argued to federal and state agencies that the course will provide recreation for city residents. However, it costs $75 to play the nine holes now open and when all 18 holes are ready, it will be $175 per round. According to census data, per capita income for Benton Harbor was $8,965, the lowest in Michigan.
Sitting in the courtroom Friday, was former Whirlpool CEO and current Harbor Shores Chairman David R. Whitwam.
Whitwam is one of the supporters of the golf course. He shares his views of the project on the Harbor Shores web site.
“It is a very exciting time for the Harbor Shores project. As you drive throughout the project area, you can begin to see physical signs of progress. Much work remains. Yet, it is truly fulfilling to begin seeing the transformation taking place.”
The golf course is one part of a 530-acre project involving St. Joseph, Benton Harbor and Benton Township. Part of the land Benton Harbor claims in the project is being leased for 20 years from St. Joseph and after development will return to St. Joseph ownership and tax collections.
Arguing that all environmental assessments had been adequate and appropriate were four attorneys representing the two federal agencies, the city and Harbor Shores.
Harbor Shores has retained the law firm of former mayor and GOP stalwart Rudy Guiliani.
According to one of the plaintiffs, Scott Elliott, politics have driven the project since it was first rejected by the Park Service as not in the public interest. Developers came back with a "lesser plan that had the full force of Gov. Jennifer Granholm and U.S. Representative Fred Upton pushing it," Scott said. Upton is a Whirlpool heir.
Judge Bell told the parties they had seven days to file additional briefs.
Jean Klock Park was a gift from by J.N. and Carrie Klock in memory of their daughter Jean who had passed away. In dedicating the property to the children of Benton Harbor, Klock said, "Perhaps some of you do not own a foot of ground, remember then, that this is your park, it belongs to you…. The beach is yours, the dunes are yours, all yours…."
For more information see, protectjkp.com. And harborshoresdevelopment.com
michigancitizen.com
Thursday, September 03, 2009
Day 50: Pinkney Still Under Unconstitutional, Illegal House Arrest Enforced by Berrien County, Michigan Courthouse
Article from Alternet: "How Yawning Got One Court Spectator Six Months in the Slammer and Other Disturbing Acts of Judicial Tyranny"
[including the tyranny of Berrien County judges Butzbaugh and Wiley - see #7 below] When judges take on airs and lash out in fits of whimsical bullying, innocent people can end up paying the price with jail time -- or their lives.
Article from Alternet: "How Yawning Got One Court Spectator Six Months in the Slammer and Other Disturbing Acts of Judicial Tyranny"
[including the tyranny of Berrien County judges Butzbaugh and Wiley - see #7 below] When judges take on airs and lash out in fits of whimsical bullying, innocent people can end up paying the price with jail time -- or their lives.
Benton Harbor park privatization gets hearing in federal court
DOJ argues that publicly funded park may be converted into pay-to-play golf course
By Eartha Jane Melzer 8/31/09
In this photo taken earlier this year, vegetation from Jean Klock Park's duneland had been stripped around a public picnic area that's in the way of a private golf development. (Courtesy Save Jean Klock Park)
“The Land and Water Conservation Fundwas intended to preserve parks forever,“ park preservation advocate LuAnne Kozma said after the hearing. “They never should have allowed the conversion of a significant feature of the park.”
GRAND RAPIDS — Residents who oppose the privatization of Benton Harbor’s public lakefront park got their day in U.S. District Court on Friday, as Judge Robert Holmes Bell heard arguments over whether government agencies had acted properly when they approved the construction of a private golf course in Jean Klock Park.
Bell opened the hearing by telling the parties that he had visited Jean Klock Park and was “well acquainted with the typography and geography of the area.” He said that he did not have much time to discuss the matter and set a two-hour time limit for all oral arguments in the case. “Please keep my interest,“ he said.
Terry Lodge, attorney for the plaintiffs, showed before and after pictures of the dunes, and argued that the scope of the golf project was trivialized in order to avoid federal environmental review.
Lodge said that though only 22.11 acres of the 78-acre park had been leased for golf conversion, in reality the majority of the park has been impacted by the Jack Nicklaus project.
Lodge said that the project’s environmental assessment failed to fully describe plans to excavate tons of sand from the dunes, establish turf, remove 8 acres of trees outside of the discussed conversion zone, and pave a portion of the beach. Lodge said that a retention pond created by Harbor Shores was not even mentioned in the project’s scoping document.
Bell’s first question referenced an argument made by the golf developers — that by building a parking lot on the beach they are increasing public access to Lake Michigan and thereby enhancing the park’s recreational value.
“You are not making the argument that the public doesn’t have greater access to the lake?” Bell asked as Lodge described the extent to which the golf course has reshaped the park.
Lodge said that public uses of the park have been diminished by the government’s approval of the park conversion. Natural paths for bird watching and picnicking are disrupted by golf greens and fairways, he said.
Lodge said that the dune area is a significant feature of the park and pointed out that developers have acknowledged the value of the dunes by arguing that the majestic views available from the top of the dunes were the critical dramatic element that would make the golf course work.
The park was given to the people of Benton Harbor in 1917 by John Klock in honor of his deceased infant daughter, Lodge said, and in the proclamation that accompanied the land transfer Klock specifically stated that the park was to be available to the public for picnicking, swimming and other recreational uses.
Bell seemed to question the value or significance of some of the park resources.
“When I toured the area,” he said, ‘I saw trees with a limited lifespan. I did not see hardwoods.”
Bell also questioned whether trivialization of a project’s impacts is a violation of law. Lodge said that it is.
As part of the deal to take control of Jean Klock Park, developers offered a series of inland parcels which they promise to develop into recreational areas that will compensate for the loss of parkland.
Lodge said that the National Park Service was “arbitrary and capricious” in approving this swap, “without considering that the public was not getting anything close to a fair trade.”
He said that the appraisals used to support the land swap were critically flawed. For example, he said, a 1.47-acre industrially contaminated inland parcel donated to the project by the Whirlpool Corp. was appraised at 80 percent of the value of 22 acres of pristine dunes overlooking Lake Michigan.
Lodge said that Michigan officials and developers failed to share information about the extent of pollution on the mitigation parcels with federal officials or the public. He said that records obtained from the Michigan Department of Natural Resources show that some of the mitigation parcels are so badly polluted that people may need to stay on paved paths in order to avoid harmful exposure.
Joseph Hosu Kim and Matthew R. Oakes, attorneys from the U.S. Department of Justice, emphasized that the scope of the hearing should be kept narrow and asked that the before and after pictures of the park not be allowed as evidence in the case.
The city of Benton Harbor can do what it likes with it’s park, the DOJ attorneys argued, and for purposes of the Land And Water Conservation Fund Act, the land offered in trade for the park was of “sufficient value.”
DOJ also stated that that a golf course is a “public recreational use.”
Although the federal government does require that land offered in trade for a public park be of “reasonable equivalent” value, it does not require that the land offer the same recreational opportunities, Kim told the court.
“It’s not true that it is ‘paths only,’ Kim said of the mitigation parcels. He said that the land has been deemed safe enough for a child to use it for 100 days in a year.
Bell asked Oaks what would happen if the applicants had minimized the impact of project: “Is the Army Corps monitoring the project? Would they step in if violations were occurring?”
Oaks affirmed that this is the case.
An attorney representing Harbor Shores, which was allowed to intervene and join the defendants as a party to the case, said that the golf course grew out of a community process started by the governor following civil unrest in 2003 and is intended to provide economic benefits to Benton Harbor where 42 percent of the residents are below the poverty line.
Lodge disputed this, stating that the group that recommended the golf course was at work the year before the riots.
“The Land and Water Conservation Fund was intended to preserve parks forever,“ park preservation advocate LuAnne Kozma said after the hearing. “They never should have allowed the conversion of a significant feature of the park.”
It is unclear when Judge Bell will issue a decision in this matter.
http://michiganmessenger.com/25597/benton-harbor-park-privatization-gets-hearing-in-federal-court
Tuesday, September 01, 2009
Justice is still possible for Klock supporters
Editor[herald palladium],
In a recent letter to the editor, Ray Dively wrote about the taking of 22-plus acres of Jean Klock Park's dunes and wetlands for a golf course development. He said that in his opinion this "was nothing but a land grab." It's obvious that even someone who does not live here sees the golf course development in the park for what it is. I have no doubt there are many who do live here who also feel the same way, but for one reason or another cannot go on record as being opposed to the destruction of the natural resources of the park.
Mr. Dively also questioned the breaking of the Klock deed. Not only did the 1917 Klock family deed indicate that the land was to be used forever by Benton Harbor as a public park, the city of Benton Harbor's own resolution states that "this land shall be named and forever known as Jean Klock Park." Not "Jean Klock Beach," or "Harbor Shores Golf and Beach Club," as depicted on maps, but "forever" as "Jean Klock Park." At the 1917 park dedication ceremony Mr. Klock stated: "Perhaps some of you do not own a foot of ground, therefore this park belongs to you ... The beach is yours, the drive is yours, the dunes are yours, all yours." He also asked that park remain in as natural of state as possible.
There is also the 2004 consent judgment that was intended to restrict further private development within JKP. As one of the plaintiffs who agreed to the 2003 settlement that resulted in the consent judgment, I can tell you that a golf course was never contemplated as a "public park purpose," and that our attorneys failed to advise us that particular language could be used as a loophole to allow a golf course use.
A lawsuit was filed in the fall of 2008 by myself and another former plaintiff to uphold the Klock deed and the consent judgment. The outcome was obviously predetermined, as the lawsuit was dismissed after a brief recess followed by a very lengthy, prewritten dissertation by a preconceiving judge. An appeal has been filed and while we await a court date, we remain adamant that both the Klock family deed and 2004 consent judgment have been grossly violated.
I and many others will forever remember how this spectacular land was bequeathed by an honorable and generous couple as a memorial to their child. No matter how popular the perceived improvements to JKP are, the parkland was desecrated out of greed by those who for 20 years secretly worked through the system until the day came when the majority of JKP could be wrested away from the public. I believe there are still plans that haven't been revealed; plans for the park for when the course fails; plans that don't include those who don't "own a foot of ground."
To support the Friends of Jean Klock's efforts to overturn the court's decision please visit: www.savejeanklockpark.org. Also, please visit: www.protectjkp.com.
Carol Drake, Sodus
Editor[herald palladium],
In a recent letter to the editor, Ray Dively wrote about the taking of 22-plus acres of Jean Klock Park's dunes and wetlands for a golf course development. He said that in his opinion this "was nothing but a land grab." It's obvious that even someone who does not live here sees the golf course development in the park for what it is. I have no doubt there are many who do live here who also feel the same way, but for one reason or another cannot go on record as being opposed to the destruction of the natural resources of the park.
Mr. Dively also questioned the breaking of the Klock deed. Not only did the 1917 Klock family deed indicate that the land was to be used forever by Benton Harbor as a public park, the city of Benton Harbor's own resolution states that "this land shall be named and forever known as Jean Klock Park." Not "Jean Klock Beach," or "Harbor Shores Golf and Beach Club," as depicted on maps, but "forever" as "Jean Klock Park." At the 1917 park dedication ceremony Mr. Klock stated: "Perhaps some of you do not own a foot of ground, therefore this park belongs to you ... The beach is yours, the drive is yours, the dunes are yours, all yours." He also asked that park remain in as natural of state as possible.
There is also the 2004 consent judgment that was intended to restrict further private development within JKP. As one of the plaintiffs who agreed to the 2003 settlement that resulted in the consent judgment, I can tell you that a golf course was never contemplated as a "public park purpose," and that our attorneys failed to advise us that particular language could be used as a loophole to allow a golf course use.
A lawsuit was filed in the fall of 2008 by myself and another former plaintiff to uphold the Klock deed and the consent judgment. The outcome was obviously predetermined, as the lawsuit was dismissed after a brief recess followed by a very lengthy, prewritten dissertation by a preconceiving judge. An appeal has been filed and while we await a court date, we remain adamant that both the Klock family deed and 2004 consent judgment have been grossly violated.
I and many others will forever remember how this spectacular land was bequeathed by an honorable and generous couple as a memorial to their child. No matter how popular the perceived improvements to JKP are, the parkland was desecrated out of greed by those who for 20 years secretly worked through the system until the day came when the majority of JKP could be wrested away from the public. I believe there are still plans that haven't been revealed; plans for the park for when the course fails; plans that don't include those who don't "own a foot of ground."
To support the Friends of Jean Klock's efforts to overturn the court's decision please visit: www.savejeanklockpark.org. Also, please visit: www.protectjkp.com.
Carol Drake, Sodus
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