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Human Rights Watch: Syrian Government Practiced Torture

Interrogation rooms with wooden boards used to immobilize detainees, are among the evidence of torture Human Rights Watch says it has uncovered in Syria.

Proof of torture -- that's what Human Rights Watch says they've uncovered in Syria. Researcher Lama Fakih says they've found everything from written accounts of abuse to actual torture devices, in the rebel held city of Raqqa.

Human Rights Watch researcher, Lama Fakih: "We were able to see, for example, documentary evidence of the types of cases that the intelligence forces were following. We were able to see the solitary confinement cells where the detainees were held. We were also able to see interrogation rooms and torture rooms."

Most of the material was found inside former security and military intelligence facilities.

"In one case," Fakih continues, "in the State Security branch, we were able to see a basat el-reeh torture device. This device is a wooden board that is in the shape of a cross that a detainee is bound to. It folds in half and enables the guards and interrogators to bind to detainee in a very uncomfortable position so they can beat him while he is defenceless."

Interviews with locals, according to Human Rights Watch, also confirmed reports of torture and arbitrary detainment. The New York based activist group is urging local oppositon leaders to safeguard documents and other material that might be used as evidence that war crimes were committed.

Much more on the findings in Syria from Human Rights Watch.



prison

By Theodoric Meyer and Christie Thompson, ProPublica

In 1991, an unemployed printer named David Ranta was convicted of killing a Hasidic rabbi in Brooklyn.

Last week, Ranta was released from the maximum-security prison in which he'd spent nearly 22 years, after almost every piece of evidence used to convict him fell away. The New York Times reported that the lead detectives on the case "broke rule after rule" — they "kept few written records, coached a witness and took Mr. Ranta's confession under what a judge described as highly dubious circumstances."

Last Friday, just a day after he was released, Ranta suffered a serious heart attack.

With Ranta's case in mind, we've rounded up some of the best reporting on wrongful convictions.

CASE FLAWS

Trial By Fire, The New Yorker, September 2009 In 2004, Texas executed Cameron Todd Willingham, an unemployed mechanic from Corsicana who had been convicted of killing his three children 12 years earlier by setting fire to his house. But as The New Yorker's David Grann reports, the arson investigation findings that the prosecutors used to convict Willingham were based on "junk science," according to a highly acclaimed fire investigator. The jailhouse informant who testified against him was unstable and had a history of addiction and mental illness. The year after Willingham's execution, a fire scientist hired by a state commission concurred that the original investigators had no scientific basis for claiming the fire was arson.

Are Memphis Prosecutors Trying to Send an Innocent Man Back to Death Row?, The Nation, March 2013 Timothy Terrell McKinney is facing his third trial for the murder of an off-duty police officer in Memphis. His first case was overturned after the prosecution suppressed evidence that questioned McKinney's guilt. Multiple testimonies now suggest it would be near impossible for McKinney to have committed the murder. But as one local put it, "when it's a police officer killed here in Memphis, you know, they quick to nail somebody."

Defendants Left Unaware of Flaws Found in Cases, The Washington Post, April 2012 In the 1990s, reviews by the Justice Department found shoddy testing in FBI labs was producing unreliable evidence. But that news failed to make its way to defendants who may have been wrongfully convicted based on flawed forensics. "Hundreds of defendants nationwide remain in prison or on parole for crimes that might merit exoneration [or] a retrial," the Washington Post found.

The Hardest Cases: When Children Die, Justice Can Be Elusive, ProPublica, June 2011 Our 2011 investigation with Frontline and NPR found mistakes made by coroners and medical examiners led to the wrongful conviction of numerous babysitters, parents and others for murdering children. Ernie Lopez may be one such case: he was convicted for murdering a 6-month-old girl, despite evidence that later suggested she may have died from a rare blood disease. (Lopez later agreed to a plea deal for a reduced charge.)

Death Row Justice Derailed, The Chicago Tribune, November 1999 The first part of an epic investigation by Ken Armstrong and Steve Mills of how Illinois had sent innocent men to death row. "Capital punishment in Illinois," Armstrong and Mills reported, "is a system so riddled with faulty evidence, unscrupulous trial tactics and legal incompetence that justice has been forsaken, a Tribune investigation has found." The series helped convince Gov. George Ryan to put a moratorium on the death penalty in Illinois the next year, which remains in effect today.

House of Screams, The Chicago Reader, 1990 Over 20 years ago, journalist John Conroy broke a story that shook the foundation of Chicago's criminal justice system. Conroy unearthed the routine torture tactics used by then-police commander Jon Burge — from suffocation to electric shocks — that resulted in numerous false confessions and wrongful convictions.

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burning paper 02

By Jeff Gerth, ProPublica

In 1994, a scientist studying her company's new medical imaging dye reached troubling findings. Her boss, she recalls, told her to "burn the data."

That alleged request surfaced this week in a groundbreaking trial over the dye, which is injected into patients to sharpen MRI scans and has been owned since 2004 by GE Healthcare. At issue is whether GE did enough to protect patients from a rare but devastating side effect of the dye: a disease that causes large areas of the skin to become thick and hard. ProPublica investigated the dye in 2009 and 2010, revealing that GE ignored the advice of its own safety experts to "proactively" restrict its use.

GE's lawyer, John Fitzpatrick, didn't dispute the request to burn the data in his opening statement to the jury on Tuesday. But after this story was published, the company told ProPublica that the scientist's boss denies having told her to destroy data. Fitzgerald also confirmed that an outside researcher will testify that he would not have published a study stating the dye was safe if he had been shown certain internal company research.

But Fitzpatrick insisted that GE's accusers were twisting such evidence to falsely impugn the company and wrongly suggest that it had endangered patients. He insisted GE had always acted ethically with regard to the dye, known as Omniscan.

After settling several hundred other cases out of court over the last several years, GE went to trial this week in federal court in Cleveland — the first opportunity for the drug's history to be fully aired. The plaintiff, Paul Decker, 61, contends that he contracted the skin ailment, known as nephrogenic systemic fibrosis, because of an injection of Omniscan in 2005. He was diagnosed in 2010.

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The events in this video happened December 17th, 2011, as protesters, including clergy members, attempted to Occupy the unused, fenced off section of Duarte Square on the corner of Canal Street and 6th Avenue in New York City on the three-month anniversary of Occupy Wall Street.

Activist and community organizer Michael Premo was found not guilty on all charges on Thursday in the first jury trial stemming from an Occupy Wall Street protest. Video evidence presented in Premo's defense contradicted claims by police and prosecutors.

Premo, who more recently has been an important figure in Occupy Sandy efforts, was arrested on December 17, 2011 during a protest in lower Manhattan when Occupy protesters attempted to start a new occupation in an empty lot on Duarte Square.

Village Voice:

In the police version of events, Premo charged the police like a linebacker, taking out a lieutenant and resisting arrest so forcefully that he fractured an officer's bone. That's the story prosecutors told in Premo's trial, and it's the general story his arresting officer testified to under oath as well.

But Premo, facing felony charges of assaulting an officer, maintained his innocence. His lawyers, Meghan Maurus and Rebecca Heinegg, set out to find video evidence to contradict it. Prosecutors told them that police TARU units, who filmed virtually every moment of Occupy street protests, didn't have any footage of the entire incident. But Maurus knew from video evidence she had received while representing another defendant arrested that day that there was at least one TARU officer with relevant footage. Reviewing video shot by a citizen-journalist livestreamer during Premo's arrest, she learned that a Democracy Now cameraman was right in the middle of the fray, and when she tracked him down, he showed her a video that so perfectly suited her needs it brought a tear to her eye.

For one thing, the video prominently shows a TARU cop named Bosco, holding up his camera, which is on, and pointing at the action around the kettle. When Premo's lawyers subpoenaed Bosco, they were told he was on a secret mission at "an undisclosed location," and couldn't respond to the subpoena. Judge Robert Mandelbaum didn't accept that, and Bosco ultimately had to testify, though he claimed, straining credibility, that though the camera is clearly on and he can be seen in the video pointing it as though to frame a shot, he didn't actually shoot any video that evening.

Even more importantly, the Democracy Now video also flipped the police version of events on its head. Far from showing Premo tackling a police officer, it shows cops tackling him as he attempted to get back on his feet.

After watching the video, the jury deliberated for several hours before returning a verdict of not guilty on all counts.

One of Premo's lawyers, Meghan Maurus, said after the trial that his case highlighted the importance of having the press, livestreamers and professional video journalists present during demonstrations, and that "without that evidence, this would have been a very different case."

"The biggest thing for me coming out of this," Premo told the Voice, "is not being discouraged by the attempts of New York City to quell dissent and prevent us from expressing our constitutional rights."




Why isn't Jamie Dimon in jail?

When an independent analysis of JPMorgan Chase exposed “serious flaws” in the company’s home loans, it did what Wall Street does best, hid the evidence. In documents released this week, officials found proof that the company “adjusted” the critical reviews it received by buying and selling a new set of home-loan portfolios, creating a “sanitized” pool of data in the process. The move allowed the financial powerhouse to gloss over serious faults in its loans and sell mortgages that appeared healthy to the consumer. The suit, which includes a “trove of internal emails and employee interviews,” may be an important stepping stone in the Federal Housing Finance Agency’s landmark $200 billion case.

NYT:

In a 2007 e-mail, titled “Banking overrides,” a JPMorgan due diligence manager asks a banker: “How do you want to handle these loans?” At times, they whitewashed the findings, the documents indicate. In 2006, for example, a review of mortgages found that at least 1,154 loans were more than 30 days delinquent. The offering documents sent to investors showed only 25 loans as delinquent.

A person familiar with the bank’s portfolios said JPMorgan had reviewed the loans separately and determined that the number of delinquent loans was far less than the outside analysis had found.

At Bear Stearns and Washington Mutual, employees also had the power to sanitize bad assessments. Employees at Bear Stearns were told that they were responsible for “purging all of the older reports” that showed flaws, “leaving only the final reports,” according to the court documents.

Such actions were designed to bolster profit. In a deposition, a Washington Mutual employee said revealing loan defects would undermine the lucrative business, and that the bank would suffer “a couple-point hit in price.”

Ratings agencies also did not necessarily get a complete picture of the investments, according to the court filings. An assessment of the loans in one security revealed that 24 percent of the sample was “materially defective,” the filings show. After exercising override power, a JPMorgan employee sent a report in May 2006 to a ratings agency that showed only 5.3 percent of the mortgages were defective.

Such investments eventually collapsed, spreading losses across the financial system.

New York attorney general Eric Schneiderman said that overall losses from flawed mortgage-backed securities from the years 2005 and 2007 were $22.5 billion.

In a statement shortly after he sued JPMorgan Chase, Schneiderman said the lawsuit was a template “for future actions against issuers of residential mortgage-backed securities that defrauded investors and cost millions of Americans their homes.”

Yet U.S. attorney general Eric Holder still has not filed a single criminal charge against any Big Banker, or sent any of them to jail. It's far past time he got started, and Jamie Dimon is just as good a starting point as any.



Is BofA’s Foreclosure Review Really Independent?

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By Paul Kiel, ProPublica

Answers to homeowners' questions about the Independent Foreclosure Review.The administration's website for the foreclosure prevention program. Provides an FAQ, homeowner examples, and other tools to see whether you might qualify for the program.A list of HUD-approved housing counseling agencies nationwide.Tips for homeowners from the Federal Trade Commission.These rules lay out how mortgage servicers are supposed to conduct the program.A finance and economics blog that provides news and metrics on the state of the housing market.

Late last year, the country's bank regulators launched a massive program to evaluate millions of foreclosure cases and compensate homeowners who fell victim to the banks' flawed or illegal practices. Regulators dubbed it the "Independent Foreclosure Review" to emphasize that the banks would not be making key decisions about loans they had made or serviced.

But a raft of evidence — internal Bank of America memos and emails obtained by ProPublica, interviews with two bank staff members who have worked on the review, and little-noticed documents released late last year by a federal banking regulator — throw the independence of the review into serious doubt. Together, they indicate that Bank of America — the financial giant with the largest number of homeowners eligible for the program — is performing much of the work itself.

The ultimate decision as to whether and how much a homeowner will be compensated is not made by Bank of America, the evidence shows, but is based largely on work that the bank itself performs. One current employee called that crucial judgment "only a matter of double checking" the bank's work.

Moreover, the bank gets a chance to challenge that key decision before it becomes final — an opportunity not given to homeowners.

Bank of America strongly objects to ProPublica's analysis. It insists that the independence of the review has never been compromised. It maintains that its role "has been and remains gathering documents." While it may discover "an error" in the course of that work, the bank says that an independent review conducted by an outside firm "is the sole and final basis" for determining whether homeowners have been harmed and how much compensation they merit.

A bank spokesman questioned ProPublica's fairness, writing that "there are no facts to support your claim. Yet it seems you have made a decision to move forward with a story based on speculation and a preconceived notion of this issue."

Bank of America's regulator, the Office of the Comptroller of the Currency (OCC), also maintained that the review was independent. After seeing the internal bank documents obtained by ProPublica, the OCC investigated, officials said. The OCC concluded that the documents, which include a memo sent by Bank of America executives to the hundreds of bank employees working on the Independent Foreclosure Review, are "incomplete and inaccurate," said Deputy Comptroller for Large Bank Supervision Morris Morgan.

But the documents and interviews tell a sharply different story, and the stakes are high. The maximum cash compensation a homeowner can win through the foreclosure review is $125,000. Regulators set different amounts for the various errors and abuses homeowners endured, and those distinctions can result in widely differing payments — for instance $15,000 instead of $125,000 for homeowners who suffered very similar abuses.

ProPublica provided the internal Bank of America documents to Sen. Robert Menendez, who chaired a congressional hearing overseeing the foreclosure reviews. He said, "Congress was led to believe that the consultants would be analyzing homeowner foreclosures completely independently of the Wall Street banks, but these memos raise serious questions as to whether that's true. If banks are trying to skew the results in their favor, regulators should stop that immediately."

The senator also said that regulators "should ensure that homeowners have the same opportunities banks do to influence and contest the findings of the foreclosure reviews."

The Document Trail

Federal regulators designed the program to work like this: Each of the big banks would hire an "independent consultant" to conduct reviews of the bank's foreclosure cases. To ensure that these consultants really were independent, the regulators had to approve them. In September 2011, Bank of America hired Promontory Financial Group to be its independent consultant.

Two months later, the OCC released the contract between Bank of America and Promontory. The 118-page document received little notice, but it clearly spells out that Promontory will make its decision only after reviewing the bank's own analysis of each homeowner's claim.

When a homeowner sends in a complaint about the way Bank of America handled his or her foreclosure, the contract states, the bank "will process the complaint and provide the complaint, supporting resolution documentation, report of its findings, and proposed resolution to Promontory for independent review and decision concerning the complaint at issue." Promontory, the contract continues, will then review the "complaints and claims, together with [Bank of America's] recommended resolution and supporting documentation, and provide a decision on the complaint."

Job ads posted in the fall of 2011 for "Foreclosure File Reviewer" positions at Bank of America reflect this scope of work. Among the job duties listed in one ad were "Complete Claim Review and perform Harm Evaluation according to Promontory/OCC definitions"; "If there was financial injury, determine the amount"; and "Perform final determination of Harm." The ads were posted by staffing companies, but the bank confirmed to ProPublica it was the ultimate employer.

An internal bank document created to train employees on their role in the reviews also describes a "claim review" process at the bank. Employees would be running tests on the files to see if there was "harm done to the customer as a result of faulty servicing."

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New York Attorney General Sues JPMorgan

jpmorganchase

New York Attorney General Eric Schneiderman filed a civil complaint against JPMorgan Chase for fraud in the selling of mortgage-backed securities. Schneiderman is the co-chairman of a presidential task force formed in January to investigate possible civil and criminal misconduct in the formation and sale of mortgage-backed securities. The allegation is over securities issued by the investment bank Bear Stearns in 2006 and 2007. JPMorgan acquired Bear Stearns in March 2008.

NYT:

The federal mortgage task force that was formed in January by the Justice Department filed its first complaint against a big bank on Monday, citing a broad pattern of misconduct in the packaging and sale of mortgage securities during the housing boom.
...

The complaint contends that Bear Stearns and its lending unit EMC Mortgage defrauded investors who purchased mortgage securities packaged by the companies from 2005 through 2007. The firms made material misrepresentations about the quality of the loans in the securities, the lawsuit said, and ignored evidence of broad defects among the loans that they pooled and sold to investors.

Moreover, when Bear Stearns identified problematic loans that it had agreed to purchase from a lender, it was required to make the originator buy them back. But Bear Stearns demanded cash payments from the lenders and kept the money, rather than passing it on to investors, the suit contends.

Always, it's about the money. No criminal charges, again, because the feds wouldn't receive a cash settlement. Yet over 7,000 Occupy Wall Street protesters have been beaten, pepper-sprayed, arrested, and jailed...bankers? Zero. No justice here.

However, this was done in Schneiderman's capacity as the New York Attorney General, not the task force. A lack of confidence in the task force, perhaps?



Pennsylvania Prepares to Execute Man Who Killed His Sexual Abusers

Advocates for child victims of sexual abuse are calling on Pennsylvania Gov. Tom Corbett to grant clemency to Terrance "Terry" Williams, who is scheduled to be executed on October 3. In 1986, Williams was convicted of killing Amos Norwood. What the jury in that case did not know is that Norwood had sexually abused Williams and had allegedly violently raped him the night before. Furthermore, Williams had suffered years of physical and sexual abuse by older males. Most recently, evidence has emerged that prosecutors tried to make robbery seem like the motive for the murder, even though Williams’ co-defendant knew about the sexual abuse. A hearing on this part of the case was set to take place Friday in Philadelphia. Now, as Williams’ execution is set to take place in less than a month, five of the jurors in his case have since come forward to say they believe life without parole would have been the appropriate sentence because they did not know all the facts.

A full transcript is available at DemocracyNow!



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Five Ways Courts Say Texas Discriminated Against Black and Latino Voters

by Lois Beckett and Suevon Lee ProPublica, Sept. 4, 2012

How does Texas discriminate against minority voters? Federal judges counted the ways.

Last Tuesday, a panel of federal court judges ruled that new district maps drawn by Texas' Republican-controlled legislature weakened the influence of Latino voters and in some cases evinced "discriminatory intent" against both Latinos and African Americans. Two days later, another panel of federal judges unanimously struck down a voter-ID law passed by the legislature in March 2011, arguing that it would disproportionately harm African-American and Latino voters. The judges did not address whether there was discriminatory purpose behind the legislation, but they noted that the legislature failed to pass amendments that would have mitigated the law's discriminatory impact.

Minority groups have outnumbered whites in Texas since roughly 2004, and 55.2 percent of the state's residents are now minorities, according to Census figures. As of 2011, the state's legislature was more than two-thirds white.

Texas Attorney General Greg Abbott's office declined to comment on the specifics of the rulings, but Abbott has promised to appeal both cases to the U.S. Supreme Court. In news releases, he said that the Supreme Court had already upheld voter-ID laws, and that the redistricting decision "extends the Voting Rights Act beyond the limits intended by Congress and beyond the boundaries imposed by the Constitution."

Both decisions hinged on Section 5 of the Voting Rights Act, which requires certain states with a history of racial discrimination in voting — including Texas — to prove that any changes in their voting laws or procedures do not hamper the voting rights of minorities. Enacted in 1965, the Voting Rights Act aimed to eliminate discriminatory voting practices that had long been used to suppress the black vote, particularly in southern states. Section 5 has been challenged, including in two cases pending before the U.S. Supreme Court, as an outdated provision that unfairly singles out certain states. The Court has not decided if it will hear the cases.

The rulings detailed several examples of discriminatory practices in Texas:

1. Lawmakers drew some districts that looked like Latino majority districts on paper — but removed Latinos who voted regularly and replaced them with Latinos who were unlikely to vote.

In the redistricting case, a panel of three federal judges found that Texas lawmakers had intentionally created districts that would weaken the influence of Latino voters, while appearing to satisfy the requirements of the Voting Rights Act.

In drawing Texas' 23rd congressional district, the judges found that "The mapdrawers consciously replaced many of the district's active Hispanic voters with low-turnout Hispanic voters in an effort to strengthen the voting power of [Congressional District] 23's Anglo citizens. In other words, they sought to reduce Hispanic voters' ability to elect without making it look like anything in [Congressional District] 23 had changed."

In 2010, the 23rd district narrowly elected a Latino Republican, Francisco "Quico" Canseco. One email to a Republican mapdrawer, released during the legal battle over the maps, shows that Republicans were trying to increase the chances Canseco would be re-elected.

Lawmakers used a similar tactic in redrawing a state house district, modifying it "so that it would elect the Anglo-preferred candidate yet would look like a Hispanic ability district on paper," the court ruled. An "ability district" is one in which a minority group has the capability to elect representatives of its choosing. The judges concluded that the legislature had been trying to make this district appear as if it satisfied the requirements of the Voting Rights Act, while actually trying to benefit white voters.

Judge Thomas B. Griffith, writing the unanimous opinion of the three-judge panel of the U.S. District Court for the District of Columbia, called it "a deliberate, race-conscious method to manipulate not simply the Democratic vote but, more specifically, the Hispanic vote."

2. Lawmakers widened the gap between the proportion of the population that is Latino and African Americans and the proportion of districts that are minority-controlled.

In the years leading up to the 2010 census, Texas' population increased by 4.3 million people, 65 percent of them Latino. As a result, Texas gained four seats in Congress.

In their decision, the federal judges in the redistricting case noted that minority voters have no constitutional right to proportional representation. But the Voting Rights Act says states can't weaken the electoral power of minorities. So, the judges reasoned, if there is already a gap between the minority population of a state and its political representation, states can't let that gap grow wider.

In Texas, the judges observed, African Americans and Latinos were already underrepresented in Congress. Given the number of voting-age minority citizens in the state, Texas's old maps should have had roughly 13 congressional seats that represent districts in which minorities have a strong voice, the judges calculated. Instead, Texas only had 10 such districts.

Instead of narrowing this "representation gap" as the minority population grew, the legislature increased it.

With four additional congressional seats, Texas should now have 14 districts in which minorities have the ability to elect their chosen representatives, the judges concluded. But the state's new plan still included just 10 minority districts.

3. Texas removed economic centers and district offices from African-American and Latino districts, while giving white Republicans perks.

In defending its new maps, Texas argued that the districts had been shaped to help Republicans and hurt Democrats — a perfectly legal tactic — and that race had been irrelevant to its choices.

The Associated Press reported that the state's lawyer had argued before the court that "'a decision based on partisanship' is not based on race, even if it results in minority voters having less political influence."

The judges noted that while there was no "direct evidence" that "discriminatory purpose" animated the new maps, circumstantial evidence indicated the design of the new congressional districts "was motivated, at least in part, by discriminatory intent."

Texas' gerrymandering was not limited to manipulating the kinds of voters within districts. By reshaping a district, mapdrawers can determine whether key businesses, schools and tourist attractions are removed from a district or added to another.

The redistricting opinion dwelled at length on "unchallenged evidence that the legislature removed the economic guts from Black ability districts." African-American Rep. Al Green testified that the "economic engines" of his district — including a medical center, a university, and the Reliant Park sports mega-complex that includes the Astrodome — were removed. African-American Rep. Eddie Bernice Johnson's district lost a sports center and an arts district, while Latino Rep. Charles A. Gonzalez from San Antonio said that both a convention center and the Alamo were drawn out of his district.

These three members of Congress, and African-American Rep. Sheila Jackson Lee, all Democrats, also testified that their district offices were drawn out of their districts — a detriment because constituents want easily accessible district offices.

"No such surgery was performed on the districts of Anglo incumbents," the judges found. "In fact, every Anglo member of Congress retained his or her district office."

"The only explanation Texas offers for this pattern is 'coincidence.' But if this was coincidence, it was a striking one indeed," Judge Griffith wrote. He noted that Texas had argued that "without hearing from the members, the mapdrawers did not know where the district officers were located." But, he wrote, "We find this hard to believe as well. We are confident that the mapdrawers can not only draw maps but read them."

The judges noted that members of Congress who represented minority districts testified that they were largely shut out of the map-drawing process. At the same time, white Republican members asked for tweaks to their districts and were often accommodated. "Anglo district boundaries were redrawn to include particular country clubs and, in one case, the school belonging to the incumbent's grandchildren," the judges wrote, referring to requests related to the districts of Republican Congressman Lamar Smith, and Kenny Marchant, respectively.

Not all white lawmakers were happy with their new districts. Democratic Congressman Lloyd Doggett, who was forced to run in a new district as a result of the Republicans' maps, told the Texas Tribune last year that map plans "plunged a dagger into the heart of our community."

4. Divide and conquer: Texas "cracked" minority voters out of one district into three.

One common tactic of racial gerrymandering is "cracking" a minority community into different districts so it cannot elect a minority politician.

Looking at a State Senate district in Fort Worth, the judges cited testimony that lawmakers reshaped the district in a way that "cracked the politically cohesive and geographically concentrated Latino and African American communities," and placed those voters "in districts in which they have no opportunity to elect their candidates of choice."

The judges cited "well supported" testimony that African Americans in Fort Worth had been "exported" into a rural, "Anglo-controlled" district to the South, while Latinos on the North side of the city had been put into another white, suburban district, leaving the "reconfigured" Senate District 10 a "majority Anglo" district.

The judges rejected Texas' argument that "its decision to 'crack' [Senate District] 10 is best explained by partisan, not racial, goals," and concluded that the district map "was enacted with discriminatory purpose."

5. Texas passed a voter-ID law with requirements that would make it disproportionately difficult for African Americans and Latinos to vote.

A three-judge panel found last Thursday that Texas' voter-ID law discriminates against minorities, since the costs of obtaining the required identification would place a greater burden on low-income Texans, who are more likely to be minorities than white.

Although the state issues free election IDs, the cost of a birth certificate, one of the underlying documents needed for the ID, is $22 — and that's if voters can get to the right government office in the first place. At least one-third of Texas' counties don't have a state Department of Public Safety office, which issues state IDs.

"It is virtually certain that these burdens will disproportionately affect racial minorities," wrote Judge David S. Tatel for the unanimous panel of the U.S. District Court for the District of Columbia. He cited "undisputed U.S. Census data" showing that Hispanics and African Americans in Texas are more likely to be poor and more likely to live in households without a car.

"Simply put, many Hispanics and Africans Americans who voted in the last election will, because of the burdens imposed by [the new voter ID law], likely be unable to vote in the next election," he wrote.

The judges agreed ahead of last month's trial to keep out any evidence indicating motivations for the voter-ID law, so they didn't address whether or not there was intentional discrimination behind the creation of the law. But the 56-page decision pointed out that the Texas legislature could have made its law more accommodating by, among other things, waiving documentation fees for the election IDs, reimbursing travel-related costs or expanding DPS office hours to evenings and weekends — amendments that were either defeated or tabled.

Finally, the judges agreed with Texas that the state had an interest in preventing voter fraud, even though there is little documented evidence of current voter fraud in Texas. However, they noted that circumstantial evidence "could nonetheless suggest that Texas invoked the specter of voter fraud as pretext for racial discrimination."

The 2012 election

Whatever the Supreme Court's response to Texas' voter-ID law, Texans will not be required to present a photo ID to vote this November.

"As a result of the court's decision, Texas is not permitted to implement the photo ID law," Texas Secretary of State Hope Andrade announced in a news release last week.

As for the redistricting maps, Texas will use a set of interim maps drawn by federal judges in Texas. Those interim maps were part of a contentious battle that earlier went to the U.S. Supreme Court.



United Nations and Arab League envoy Kofi Annan met today with Syrian President Bashar al-Assad in the midst of worsening violence. Syria's 16-month conflict has so far claimed more than 15,000 lives. Annan said today's last-ditch attempt to salvage a peace effort ended with an agreement on how end the violence, but he did not disclose details. Earlier, he acknowledged his six-point peace plan had failed to halt the fighting between anti-government forces and the Assad regime. "The bottom line is that the majority of the country is engaged in a popular revolution for freedom, for democracy, for dignity," says Rafif Jouejati, the English-language spokesperson for the Syrian Local Coordination Committees, a network of activists throughout the country. "We have mountains of evidence indicating that his armed forces have been engaged in systematic torture, rampant detentions, massacres across the country."

Full transcript here.