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Page A2
luly II. 2007
Ruling Shows Tension Between Police and African Americans
Judges call
2004 search
unconstitutional
On the night that led to the con­
viction of Bennie Demetrius Wash­
ington. the 40-year-old Portland
man was sitting inside his lawfully
parked car and offered no reason­
able suspicion or probable cause of
criminal activity.
That is the opinion of the federal
appellate court, and the reason why
they recently threw out the convic-
tion of Washington, an African
American, who was arrested by
Portland police on Nov. 23, 2(X)4
after they discovered a 9 mm hand­
gun while searching his car.
The June 19 ruling by a three-
judge panel in the 9th U.S. Circuit
Court of Appeals in San Francisco
disagreed with an initial ruling, say­
ing the search of the car became
nonconsensual, therefore uncon­
stitutional. when an officer gave
Washington orders while frisking
him.
The ruling means Washington
will avoid a sentence of nearly six
years in prison for being a telon in then consented to a search of his James Jahar Perez during police
possession of a firearm. It also sets person and his car. He allow ed traffic stops. Portland’s African
significant legal precedence for police to direct him away from his American community has vilified
other residents in Portland, where, car, where officer Troy Pahlke Jam es' death in 2003 and Perez’s
death in 2004 as unjust, which led
the judges wrote, there is the discovered a firearm.
Washington subsequently pled to an investigation o f Ja m e s’
"unique situation between the Af­
rican-American community and the guilty to, and was convicted of, death by the A lbina M inisterial
being a felon in possession of a A lliance, a Portland group o f
Portland police."
During the 2004 encounter, firearm. But though he voluntarily clergy.
The AMA succeeded in getting
W ashington was parked dow n­ consented to the search, the June
town. O fficer Darrell Shaw ap­ 19 appeals court decision con­ a pamphlet issued by the police
proached W ashington, who told cluded the encounter and search bureau after Jam es’ shooting, ad­
vising citizens to comply with po­
him he was waiting for a friend. were “impermissible.”
The court cited recent history lice instructions when stopped.
Shaw then asked him if he had
anything on him he shouldn't in P o rtla n d , p a rtic u la rly the AMA member Bishop A.A. Wells
have. W ashington said no, and death s o f K endra Jam es and also testified during W ashington's
initial trial, but the prior shootings
and Washington's defense were not
enough to persuade District Judge
Ancer Haggerty, who sentenced
Washington to 70 months in prison.
Now that the conviction has been
overturned. Wells said the case set
the stage for a renewed dialogue
about race between the Portland
Police Bureau and the community.
Deputy City Attorney David
Woboril said he’ll use the ruling as a
case study in future trainings, hop­
ing in the future to avoid officers
unintentionally violating people’s
constitutional rights.
Local Homeowner Not Charged for Shooting Intruder
Foiled burglary hospitalizes man
N ortheast P ortland resident
L eroy H udson w ill not face
charg es after shooting an in ­
truder in the face during a break-
in at H u d so n ’s hom e, acco rd ­
ing to the D istrict A tto rn e y 's
o ffice.
In the early m orning hours
o f June 29, H udson, 71, d is­
covered Brent A lexander Sw eet,
26, on the back porch o f his
h o m e at 107th A v e n u e and
N o rth east G lisan S treet. A c­
co rd in g to H udson, he and his
w ife, Janice, 62, w ere aw oken
by the sound o f glass breaking
near th eir enclosed back porch.
Janice called 9-1-1 and Leroy
took a gun and m oved tow ard
the noise. He encountered Sweet
and dem anded to know why he
was there. Sw eet did not a n ­
sw er and H udson raised his
THE
SPINA COLUMN
An ongoing senes of questions and answers about Americas natural healing profession
Dr. Billy R. Flowers
Part 13. Shoulder Pain: Why many people
cannot, and should not, take it lying down.
: My shoulders hurt so bad bursitis at one office, tenosynovi­ the cause was there long before
at times, I can hardly sleep. tis at another and so on until they the pain itself. By treating the
return home confused, frustrated cause, we not only relieve the
What can Chiropractic do for me
that no one else has been able to? and still in agony. As Chiroprac­ pain, don't suffer through another
: Shoulder pain ism without tors, we are concerned about nerve sleepless night. Call for an ap­
question, one of the most How to the various parts of the pointment to find out how Chiro­
body. O f course, we look to see if a practic can eliminate the cause of
debilitating types of pain we en­
counter. Because the shoulder is bursal sac has been traumatized or the problem once and for all. Or
so intricately related to the spine, if a tendon has been injured. But feel free to call us if you have any
virtually any movement can be more importantly, we look to see questions whatsoever about your
excruciating. It is not at all uncom­ what caused the injury. You see. health.
mon to see cases like yours where
patients’ hurt so bad, they cannot
even get a decent night's sleep.
2121 Lloyd C enter Mall, Portland Oregon 97212
To Complicate matters, many pa­
tients go from doctor to doctor
P hone: (5 0 3 ) 2 8 7 -5 5 0 4
seeking relief, being told they have
Q
A
Portland Police Bu­
re a u , sa id S w eet
w as released from
the h o sp ita l o v e r
the w e e k e n d and
w as b o o k e d in to
the Ju stice C en ter
J a il.
He
w as
ch arg ed w ith one
count o f crim inal
tresp ass in co n n e c ­
gun and shot him
betw een the eyes.
P o lic e
a r r iv e d
s o o n a f te r a n d
to o k S w e e t to
L egacy E m anuel
H ospital & H ealth
C enter.
S g t.
B ria n
S c h m a u t z ,
spokesm an for the Brent Alexander S w e e t
Poll: Public Wants Impeachment
For both Bush
and Cheney
(AP) - Nearly half of the US
public wants President George W.
Bush to face impeachment, and
even more favor that fate for Vice
President Dick Cheney, according
to a poll out Friday.
The survey by the American
Research Group found that 45 per­ George W. B u sh (AP photo)
cent support the U.S. House of
The study by the private New
R epresentatives beginning im ­ Hampshire-based ARG canvassed
peachment proceedings against 1,100 Americans by telephone July
Bush, with 46 percent opposed, 3-5 and had an error margin of plus
and a 54-40 split in favor when it or minus three percentage points.
comes to Cheney.
The US Constitution says presi-
Flowers' Chiropractic Office
July 18, 2007
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tion w ith the incident and faced
an arraignm ent M onday a fte r­
noon. S chm autz said S w e e t's
last know n add ress w as A u­
burn, W ash. Sw eet w as also
arrested June 8 in P ortland on a
charge o f diso rd erly conduct.
On M onday the M ultnom ah
C ounty D istrict A tto rn e y ’s o f­
fice ruled the shooting will not
proceed to a G rand Jury.
KMHD 89.1 FM presents in association
w/Fendel-Allen Productions
The Alan Broadbent L.A. Trio
Tickets available during the KMHD Spring
pledge drive June 14—June 17, 2007
or by calling 503.491.7271 or at www.kmhd.fm
INVESTING
IN YOU
HAKIM JONES
FINANCIAL ADVISOR
FINANCIAL PLANNING ASSOCIATE
dents and vice presidents can be
im peached — that is, form ally
charged by the House — for "trea­
son. bribery, or other high crimes
and misdemeanors" by a simple
majority vote. Conviction by the
Senate, w hich requires a two-thirds
majority, means removal from of­
fice.
Just tw o US presidents have
been impeached: Bill Clinton was
im peached in 1998 and acquitted
in 1999; Andrew Johnson was
impeached and acquitted in 1868.
D isg ra c e d p re sid e n t R ichard
Nixon resigned in I974 when a
H ouse im peachm ent vote ap ­
peared likely.
In late April, left-wing Represen­
tative Dennis Kucinich, a long-shot
Democratic presidential hopeful, in­
troduced a resolution calling for
Cheney’s impeachment. To date,
the measure has nine listed co-spon­
sors and a I Oth set to sign on when
the House returns to work next
week.
But Democratic leaders appear
unlikely to pursue such a course.
Correction
In the July 4 article titled “Will
Roy Make a Run for Mayor?" the
Portland O bserver stated that
businessman and civic leader Roy
Jay owns SmartPark parking ga­
rages. In fact, Jay created the
Alliance of Minority Business
Chambers, which in turn won a
bid for a management contract for
the downtown parking garages.
Investing has as much to do with the quality of the rela­
tionship with your advisor as it does with the quality of
your portfolio. As a Financial Advisor for Smith Barney,
I take great care in working closely with you, learning
your objectives and helping you achieve your goals.
Call me to learn more about stocks, bonds, lending
and a host of financial planning services.
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