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Justice

Florida Gov. Rick Scott Signs Bill To Speed Up Executions

Florida leads the nation in death row exonerations. Twenty-four inmates sentenced to die in Florida were later proved to be innocent. Meanwhile, just 74 people have been executed since the Supreme Court reauthorized the death penalty in the 1970s — so there is one exoneration for every three people executed in Florida. Nevertheless, a new law signed by Gov. Rick Scott (R-FL) will speed up future executions and reduce the time available for attorneys to prove their client’s innocence.

The new law requires the governor to issue an execution warrant within 30 days of an inmate exhausting their legal remedies and require the execution to take place within 180 days after such a warrant has issued. In many cases, however, crucial errors in a prosecution are not discovered until years after a sentence is handed down. Hundreds of people, for example, may have been convicted due to flawed FBI analyses that were only recently revealed, despite the fact that government officials knew of the flaws for years.

Economy

Florida’s Governor Signs Business-Backed Bill Banning Paid Sick Leave

Florida Gov. Rick Scott (R) signed a bill on Friday that blocks local governments from implementing paid sick leave legislation, the Orlando Sentinel reports. He made his decision quickly, only taking four of the 15 days he legally had to review the bill before he signed it.

In signing the bill, Scott sided with big business interests including Disney World, Darden Restaurants (owner of Olive Garden and Red Lobster), and the Florida Chamber of Commerce. The bill is part of a national effort to pass so-called “preemption bills” that would block paid sick leave legislation that is backed by the American Legislative Exchange Council (ALEC), a right-wing group that coordinates conservative laws across states. The state’s House Majority Leader, Steve Precourt (R), who was instrumental in putting forward the preemption bill, is an active ALEC member.

The bill has made moot a 2014 referendum in Orange County that would have decided whether to require paid sick leave. More than 50,000 voters had tried to get the measure on the November 6 ballot but the County Commission voted it off. It made it on the ballot in 2014 thanks to a three-judge panel.

Florida follows a rash of preemption bills in the states, which cropped up in Wisconsin, Michigan, and Mississippi. These bills are part of ALEC’s efforts to weaken wage and labor standards: Since 2011, 67 such ALEC-affiliated bills have been introduced in state legislatures, 11 of which had been signed into law before Scott signed this bill.

Big business stood in opposition to the Orange County effort on paid sick leave because it claimed such a bill would drive up costs. Yet a study of San Francisco, which enacted a paid sick leave policy in 2007, showed that a majority of businesses saw either no impact or a positive one on profitability. Other research has shown such policies to be good for business and job growth.

LGBT

Florida Children’s Museum Discriminates Against Same-Sex Family

Hands On's Membership Pricing

The Hands On Children’s Museum in Jacksonville, Florida is oddly specific about who it lets obtain a “family membership,” specifying that a family must include one mom and one dad. Karen Lee-Duffell’s family has had a membership there for three years, but when an employee noticed she had a same-sex partner, she was told she’d have to pay more to renew this year.

As far as the museum’s staff is concerned, Lee-Duffell and her partner do not constitute a family. They explained that including both moms would constitute a “substitution,” which they don’t allow because they fear multiple families would take advantage of the policy. They defended the discrimination in a statement provided to First Coast News, comparing Lee-Duffell’s partner to a “friend”:

The Hands On Children’s Museum Family memberships are very specific. They have not changed in 13 years. Our Family membership cost has only gone up $1.00 in almost 13 years. To keep our rates as reasonable as possible, we do not allow any substitutions; whether they are friend, aunt, uncle, grandma, grandpa or any other person.

She was offered a Family Membership and to add an extra person. She refused to add an extra person to a Family Membership. [...] If, in the past the extra person had been added there would have not be [sic] any confusions [sic].

The Museum’s discrimination against some kinds of families is completely legal given Florida does not legally recognize same-sex couples. That does not change the fact that it left Lee-Duffell feeling like she’d received a “punch in the gut” because her family simply didn’t count. There is now a Facebook boycott page and a Change.org petition calling on the museum to end its discriminatory policy. (HT: The New Civil Rights Movement.)

Health

President Obama To Tout Health Law’s Hispanic Outreach In California

President Barack Obama will emphasize efforts to enroll young Latinos for health coverage under his signature reform law during remarks in San Jose, California on Friday.

Specifically, the president will tout a public-private partnership between the California Endowment and Spanish-language media outlets including Univision, Telemundo, La Opinion, and Radio Bilingue, according to senior administration officials. Obama will hold up this partnership as a “model” for the rest of the country.

White House officials say that such arrangements are critical to overcoming language barriers when reaching out to poor Latinos, especially in highly uninsured states with large Hispanic populations such as California, Texas, and Florida. Over 15 million of America’s 48 million uninsured residents live in just those three states, and the vast majority of them are Hispanic.

The California Endowment will give the Spanish media organizations $225 million to reach out to the public through local television, radio, and print advertising that aims to identify, educate, and enroll uninsured Latinos into the state’s expanded Medicaid program or individual coverage on the Obamacare marketplace. That could prove a lofty goal considering that there are over 4 million uninsured Latinos in the Golden State.

If Obamacare enrollment efforts prove successful, some Hispanics could benefit immensely from access to health coverage. In California, 30 percent of all Hispanics lack health insurance. In Texas and Florida, the figures are 38 percent and 36 percent, respectively. Many of those Latinos suffer from manageable chronic conditions such as diabetes at almost double the rate that non-Latinos do. With insurance, these Americans will be able to access preventative and primary care services that might prevent their underlying health problem from evolving into a costly — and potentially deadly — ailment.

California has been determined to effectively implement Obamacare by expanding Medicaid, constructing its own insurance marketplace, and aggressively engaging in public education efforts such as the partnership with Spanish-language media. But GOP-led states have proven far more reticent.

Texas legislators recently voted against expanding Medicaid under the health law, which amounts to denying basic health insurance to 1.5 million poor Americans. In Florida, lawmakers shot down Medicaid expansion despite a surprising endorsement of the program by the state’s Republican Gov. Rick Scott. Neither Texas nor Florida will be operating their own Obamacare marketplaces.

However, many Latinos won’t benefit from the law irrespective of federal or state action. Obamacare explicitly prohibits the nation’s 11 million undocumented immigrants from accessing Medicaid or federal subsidies to purchase private insurance on the marketplaces.

Even undocumented Latinos who gain provisional legal status under comprehensive immigration reform (if it ends up passing Congress) likely won’t have access to health entitlements, despite the fact that denying them affordable health care access will only exacerbate their medical problems and force the government to pay more for their care in the future.

Health

Appeals Court Allows Florida To Privatize Prison Health Care, Ignoring Rampant Abuse Of Inmates

Florida will be allowed to outsource its prison health care system to a private contractor, the First District Court of Appeals ruled on Wednesday. The privatization plan was blocked by a judge last year, after a lower court found that the state Department of Corrections had circumvented the legislative process. Another judge killed the plan in 2011 because some state lawmakers had tried to sneak privatization through a budget rather than attempt to pass a bill explicitly about prison health care.

It’s no wonder Florida officials have tried to downplay the privatization plan. Private prison contractors have become popular with many Republican lawmakers across the country because of their promises to cut costs. But these companies also often cut corners to increase their own profits, leading to abysmal conditions, inmate abuse, and frequent riots.

Private health care companies have especially bad records on inmate treatment. Nightmarish stories of inmates dying from treatable diseases because they were refused care are frighteningly common in prisons that have outsourced their healthcare. One of the largest prison health care providers, Correctional Medical Care, is under criminal investigation in New York after its negligence led to nine deaths.

Other states with private prison health care can forecast the conditions Florida inmates will now face. A Kaiser report on these systems found “inhumane” conditions, with terminally ill inmates left in soiled linens without food or water for days. One Arizona man with lung cancer begged for treatment, only to be told by medical staff that he should drink energy shakes to cure his symptoms. Others who have begged for medical aid have been told they were simply making it up or that they should “pray to be cured.”

Florida has already privatized several prisons entirely, with terrible consequences. One prisoner, Robert Boggon, was sent to jail after suffering a mental episode in a Dollar Tree store. Boggon never received a psychiatric evaluation even though he was rocking on the floor of his cell and urinating on himself. After 11 days in jail, Boggon was found dead, naked, and strapped to an emergency restraint chair with a towel around his head in his cell in the jail infirmary. The death was ruled a homicide, but the medical examiner placed the blame on no one.

Moreover, Gov. Rick Scott’s claims that privatization saves the state money have not lived up to their promise. However, private prison companies have donated heavily to Florida lawmakers to ensure they continue to back privatization. The industry donated nearly $1 million to mostly Republican campaigns in 2010, and have already padded Scott’s re-election campaign with more than $100,000.

Justice

Florida Judge Rejected Stand Your Ground Defense For Black Woman Who Fired Warning Shot During Domestic Violence

Marissa Alexander (Credit: Associated Press)

In the months leading up to the trial of the Florida man who sparked national controversy over state Stand Your Ground laws when he shot dead 17-year-old Trayvon Martin, several defendants have escaped criminal liability for deadly shootings under the law. Just last week, a Florida jury acquitted a man who killed his wife’s lover in his home after firing three shots into his head and back. But just months after Trayvon’s death, Florida’s notorious Stand Your Ground law did not spare Marissa Alexander, who fired a mere warning shot into the wall during a violent incident with her husband.

Alexander was sentenced to 20 years in prison last year, after a judge rejected her Stand Your Ground defense and a jury convicted her on three counts of aggravated assault. Alexander’s husband was arrested twice before on misdemeanor battery charges against other women. But authorities said Alexander initiated the 2010 incident and pointed the gun at her husband and two step-sons before firing the warning shot into the ceiling.

Alexander would not have needed a Stand Your Ground law to defend her action. While that law goes so far as to authorize unfettered deadly force in self-defense without a duty to retreat, Alexander used significantly lesser force that would fall under a typical self-defense claim. But the judge’s failure to allow the claim comports with studies that have shown the ALEC and NRA-backed laws are discriminatory and applied arbitrarily. Last week, the U.S. Civil Rights Commission voted to undertake an in-depth investigation into racial bias in Stand Your Ground laws, the first such investigation by the agency in decades.

In the meantime, laws that allow deadly force without any duty to retreat remain the law in at least 21 states, and efforts to repeal or alter the laws have failed thus far. And in spite of outcry from the NAACP and others, Alexander remains in prison.

(HT: EURWeb.com)

Politics

Experts: George Zimmerman’s Lawyers Are Trying To Pollute The Jury Pool

George Zimmerman

On June 10, George Zimmerman will begin trial for the death of 17-year-old Trayvon Martin, who he shot unarmed on the street of a Florida gated community last year. But before the trial begins, Zimmerman’s defense team has aimed to portray Martin as a pot-smoking, violent teen — information the judge ruled inadmissible at the outset of the trial.

ThinkProgress spoke to three law experts in Florida on the issue, and they saw no reason that this information any indicator of Zimmerman’s guilt. By appearing on Fox News before the judge ruled on it, O’Mara saw the likelihood it would be barred and attempted to reach the jury through other channels. For instance, he broadcast a photo on Fox of a black hand holding a gun, allegedly from Martin’s phone.

“I think they are trying to poison the jury,” University of Miami Associate Professor of law Tamara Lave, a practicing attorney of 10 years, said. “I think he’s been trying to do this all along to win in the court of public opinion so he can win in the courtroom to get prosecutor to dismiss.” Unable to imagine “in good faith” he’d believe the evidence would be admitted, Lave also questioned why he would discuss it on national television when he knew the outcome.

At the pretrial, Zimmerman’s attorneys claimed a video recording on Martin’s phone was of his friends “beating up a homeless guy.” It turns out it wasn’t: it was two homeless men fighting over a bicycle. Zimmerman’s attorneys apologized for the mischaracterization on Sunday, a full five days after the pretrial.

Still, these details can prejudice potential jurors before a fair trial.

“It could have been a strategic maneuver to put things out there about the victim,” Florida attorney Spencer Charif said of one of the reasons this may have happened. “Sometimes the retraction in the newspaper is much smaller than the headline. 10 people think the video is harmless and 100 people think Trayvon had something.”

Charif, who has been a state attorney for three years and in private practice for seven, said that he “never had a video of another fight come in the defense case. I don’t know how that would have been relevant.”

According to Suzanne Villano, a Florida public defender of six years, this type of evidence is typically not probative — meaning, it does not prove the point of the case, but relies instead on its shock value.

A poll conducted last year showed a stark racial divide among people who think Zimmerman unjustly killed Martin; 91 percent and 59 percent of African-Americans and Hispanic Americans believe it was unjust, compared to 35 percent of white Americans. So the scrutiny of Martin’s records — which are promoted on sites like Drudge — are “terms that mean something,” Lave said. “Saying things to people about the value of Trayvon‘s life, that it’s worth less. ”

What the jury will try to determine is whether Zimmerman was reasonable or not to use deadly force. The possible outcomes that O’Mara is aiming for is an acquittal, or a hung verdict. And Villano said from her experience as a public defender juries “are very much moved by physical evidence and didn’t like to evaluate a testimony of a witness.”

In this case, the lawyers representing Martin’s family said the so-called evidence O’Mara fought to include was intentionally fabricated.

LGBT

Florida ‘Family’ Group Thanked For Protesting Disney ‘Gay Days’

Every year, the Florida Family Association protestsGay Days” at Walt Disney World, primarily by flying a banner around the park with the message, “WARNING: GAY DAY @ DISNEY.” Apparently, the group — which largely consists of the anti-LGBT advocacy of one man, David Caton — spends over $12,000 on this yearly expense.

This year, Converge Orlando, the region’s LGBT visitor’s bureau, decided to reach out to FFA and thank them for this weekend’s protests. Here’s a letter sent from Mikael Audebert, executive director of Converge, outlining the significant economic impact of Gay Days:

On behalf of our members, our community and our many friends, I want to personally thank you for helping us make 2013 Gay Days even more successful and well-attended than ever. It seems you once again helped draw attention to an Orlando event that brings tens of millions of dollars to the local economy. It also brings thousands of families together who come to celebrate equality and love. Instead of scaring people away, it appears your efforts have encouraged people to come and offer support. Publicity and media coverage of any kind is good for gay and lesbian travel marketing. So, THANK YOU for the $16,000 contribution in publicity! [...]

The plane fly-overs really have no purpose other than promoting the Gay Days events. The parks already give their guests a courtesy notice about our tens of thousands of wonderful LGBT individuals and their allies being in town. So visitors are already ‘warned of gays.” Again this year, the same parks racked up another record level of attendance on the first weekend of June. Our experience with non-LGBT visitors last weekend was warm and gracious. The families we spoke to were happy to have gays and lesbians celebrate in the same manner every other group does in the parks.

We are counting on you to rent more planes and stir up more controversy about any week-long gay and lesbian event in Orlando. Please continue to rally your troops and make incendiary statements. Urge unequal treatment for some citizens and flaunt your misguided values. To make your job easier in the future, we are adding three new large LGBT events starting next year. We thought you would appreciate the opportunity to continue your efforts year round.

Next year, why don’t you just write a check directly to Converge Orlando to further promote LGBT tourism to our region? While I doubt you will take me up on this suggestion, I nonetheless look forward to working with you again next year in supporting another successful Gay Days.

In addition to protesting Disney’s Gay Days, FFA regularly protests companies who advertise on television shows that include LGBT characters and storylines. This often has a similar effect of increasing national awareness about the shows without negatively impacting the advertisers.

Justice

Police Allegedly Assault Black Kid Carrying A Puppy For Looking At Them Wrong

Tremaine McMillian. (Credit: WSVN-TV)

Miami-Dade Police allegedly handcuffed and choked a 14 year old boy while he was carrying a newborn puppy for giving them a “dehumanizing” stare. A court case over the incident will begin on July 16th.

Tremaine McMillian was, by his account, playing on a beach with a friend and his puppy on the Miami boardwalk when police came over to tell them to stop “roughousing.” Though the police later admitted the boys’ activity was neither criminal nor violent, they asked the boys where their parents were. McMillian directed the officers to his nearby mother, and that’s where the family and the police’s story diverge.

McMillian and his mother, Maurissa Holmes, say the police chased down McMillian on ATVs and attacked him essentially without provocation. “The police officers were on their ATVs, and my son was walking,” Holmes said. “They jumped off their ATVs, grabbed him and slammed him to the ground.”

The police, by contrast, claim that McMillian gave them “‘dehumanizing stares,’ clenched his fists and appeared threatening.” According to Miami-Dade Police Detective Alvaro Zabaleta, that’s evidence that McMillian posed a potential threat and needed to be subdued. “All of that body language alone is already letting the officers know that this is a person that is now obviously getting agitated and can become violent.” A police report also says that McMillian at one point “attempted to pull his arm away, stating, ‘Man, don’t touch me like I did something.’”

McMillian maintains that he could not have balled up his fists, as he was holding both the puppy and its millk bottle. The puppy’s paw was evidently injured during the incident.

The one thing that’s not in dispute, as it was captured on video, is the aftermath. The officers held McMillian down while one of them put him in a headlock:

“He started choking me, and as he was choking me, I urinated on myself because I couldn’t breathe,” McMillian said.

LGBT

Florida Teen Rejects Plea Deal On Felony Charges For Same-Sex Relationship [UPDATED]

Florida teen Kaitlyn Hunt, who has been charged with a felony for having a sexual relationship with her younger girlfriend, has rejected a plea deal that would have included two years of house arrest and having to register as a sex offender. A statement released by her lawyers argued that she is being selectively prosecuted for having been in a same-sex relationship when she turned 18:

Our client is a courageous teenager who is choosing not to accept the current plea offer by the State of Florida.

This is a situation of two teenagers who happen to be of the same sex involved in a relationship. If this case involved a boy and girl, there would be no media attention to this case. [...]

If this incident occurred 108 days earlier when she was 17, we wouldn’t even be here. [...]

Along with Kaitlyn and her family, we are going to fight to have the law changed so no other teenager finds themselves in this same position created by the State of Florida and prosecuted unfairly.

Over 270,000 people have signed a Change.org petition started by Hunt calling on Assistant State Attorney Brian Workman to stop Kaitlyn’s prosecution. The ACLU of Florida has condemned the prosecution, pointing out that it’s “a life sentence for behavior by teenagers that is all too common” and that “one cannot seriously maintain that Kaitlyn’s behavior was predatory.”

Update

Conflicting reports, including an investigation by the Windy City Times (WCT), suggest that Kaitlyn was 18 before her relationship began. State Attorney Bruce Colton also suggested that the offered plea deal would have spared her from registering as a sex offender, a detail which does not correspond with previous reporting on the story from various outlets.

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