U.S. Judge Dismisses Charleston Shooting Lawsuits, Criticizes FBI — The Crusader Journal

(Reuters) –

A federal judge has dismissed 16 lawsuits filed by survivors of a 2015 mass shooting at a South Carolina church who sued the government over the failure of an FBI-run background check system to prevent the purchase of the murder weapon. U.S. District Judge Richard Gergel also criticized what he called “abysmally poor” Federal Bureau of Investigation policies for the system that allowed Dylann Roof buy the gun he used to kill nine people, all African-Americans, at a historic black church in Charleston.

 
In his ruling released late Monday, Gergel said that the government had immunity from being sued for its policies, “even really bad policy choices.”Wrongful death lawsuits filed by survivors and family members of victims of the shooting alleged that at least one of the background check databases maintained by the federal government had information that should have prevented the firearm sale.

 

Gergel criticized the FBI’s policy to deny background check examiners access to the database, known as N-DEx.If the examiner assigned to Roof’s purchase request had been able to access N-DEx, he would have seen Roof’s 2015 drug arrest and would have barred him from buying the gun, Gergel wrote in his decision.

 

Read the full article: via U.S. judge dismisses Charleston shooting lawsuits, criticizes FBI — The Crusader Journal

Dylann Roof Pleads Guilty To All Counts In State Trial

Just a quick note to update.  The introduction to the video says:

 Dylann Storm Roof who shot and killed nine black parishioners at a historic Charleston church in 2015, pleaded guilty Monday to state charges stemming from the massacre as part of a deal with prosecutors to spend the rest of his life in prison to avoid a second death-penalty trial.

Roof already had been sentenced to die earlier this year for his convictions in federal court on hate crimes charges, though the state could have pursued a second such penalty in its murder case against the young man.

Roof was charged both federally and at the state level after the June 2015 massacre at Emanuel African Methodist Episcopal Church, when nine black parishioners were shot and killed down during an evening Bible study.

The federal death sentence still stands!

After impact statements and Roof’s grandad speaking on Roof’s behalf, the Judge sentenced Roof to 9 life sentences on state charges.

Dylann Roof Wants a New Federal Trial – Argues Lack of Jurisdiction

ABC reports that Dylann Roof, who was convicted for murdering 9 people in Charleston’s Emanuel AME Church in June 2015, has asked for a new federal trial.  Roof was sentenced to death.  Roof’s argument is that federal prosecutors lacked jurisdiction to bring their case against him.

Represented by attorneys, they claim that the federal government failed to prove that Roof’s use of the internet, the highways, and a gun manufactured out of state, were sufficient links to allow religious obstruction charges.  A similar argument was made in July 2016 as a part of Roof’s plea bargain that if the government took the death penalty off the table, that he would plea guilty as charged.  The court denied Roof’s motion.

A federal grand jury found that Roof violated subsections of federal law 18 U.S.C. 247 in that he intentionally obstructed, by force, the enjoyment of free exercise of religious beliefs.  That section requires that the circumstances takes place in or affects interstate or foreign commerce.

Roof is currently in custody in the Charleston County jail awaiting trial in state court.

 

Dylann Roof Sentenced to Death

Dylann Roof, found guilty of the murder of nine people, and sentenced to death.

The jury began their deliberations early this afternoon.   It did not take them long to decide that Dylann Roof, the murderer of nine people, receive the death penalty.

At closing argument, Roof reminded the jury that its decision must be unanimous.  Apparently, he was looking to impress upon just one juror not to sentence him to death.

Also during his closing argument, Roof told the jury,  “I still feel like I had to do it.”

It is reported that every member of the jury looked directly at Roof as he spoke for about 5 minutes.

The prosecutor’s closing argument included;

“They welcomed a 13th person that night … with a kind word, a Bible, a handout and a chair,” Richardson said during his closing argument. “He had come with a hateful heart and a Glock .45.”

 

Convicted Murderer Dylann Roof’s Sentencing Hearing

On December 15, 2016, a jury in Dylann Roof’s federal trial deliberated less than 2 hours, and convicted him on all counts of hate crimes, obstruction of religion and weapons charges.  This blog followed the trial.

The same jury panel of nine Whites people and three Blacks reconvened today to decide whether Roof is sentenced to death or life in prison without parole.

Originally scheduled to begin on January 3, 2017, Dylann Roof asked that his sentencing trial be delayed for a day.  His reason was because he spent the weekend undergoing a competency evaluation.  Federal District Court Judge Gergel has now, twice, found Roof competent to represent himself.

Roof’s competency took focus in his opening statement today when he told the jury;

“The point is I’m not going to lie to you,” Roof said. “There’s nothing wrong with me psychologically.”

Roof also made a statement that he felt betrayed.  Coupled with things that he wrote in his journal, it paints the idea that Roof’s desire to murder Blacks was influenced by other White Supremacists who he assumed would do the same.

Dylann Roof Convicted

The jury in Dylann Roof’s federal trial deliberated less than 2 hours, and convicted him on all counts of hate crimes, obstruction of religion and weapons charges.

The panel of nine Whites people and three Blacks  will reconvene on January 3, 2017 to decide whether Roof is sentenced to death or life in prison without parole.

Minutes after the verdict was read, Roof told U.S. District Judge Richard Gergel he wanted to represent himself during the penalty phase.

Fox news reports;

Dylann Roof’s Federal Trial Begins

On June 17, 2015, Dylann Roof went to the historic Emanuel African Methodist Episcopal Church in Charleston, South Carolina where they were holding Bible Study.  He shot and killed 9 people.  A manhunt resulted, and Roof was found and arrested in North Carolina.  He confessed to the killings.

Roof is an avowed White supremacist who perceived that he had to save the White race from Blacks.  He wanted to start a race war.  Roof waited until parishioners closed their eyes to pray  before firing his Glock .45-caliber pistol.  When it was over, Roof had fired more than 70 shots, striking his victims 60 times.

The 22-year old is charged with 12 federal counts of hate crimes, 12 counts of obstructing the exercise of religion, and 9 counts of firearm violations.   Federal prosecutors seek the death penalty.

Discarding empty magazines and reloading his weapon, Roof found survivor Polly Sheppard hiding as she prayed. Roof told her to shut up, before asking if she had been shot. Sheppard was then told that she would be left alive so that she could tell others what had occurred. She will likely serve as the final witness for the prosecution in the guilt phase of the trial.

Since he was arrested, there have been numerous pleadings and hearings in the case.  To report on each one would be tedious.  The most recent included a motion to find Roof mentally incompetent to stand trial.  The court denied that motion.  The LA Times reports that Judge Gergel found Roof capable of standing trial on the basis that he completed the 9^th grade and had an “extremely high IQ” and was able to understand courtroom proceedings.  A legal expert however, stated that there is a clear difference between intellectual ability and judgment.

It is not known what type of mental illness or emotional disturbance Roof may or may not have because the hearings were closed to the public.

Roof’s attorneys offered to change Roof’s plea to guilty in exchange for a sentence of life in prison without parole.   Federal prosecutors turned down the offer.

Just before jury selection, Roof motioned the judge to release his attorneys.  He wanted to represent himself.  The judge granted Roof’s motion.  After jury selection, Roof asked the judge to rehire his attorneys, but he wants to represent himself during the penalty phase.   The judge granted his motion.

Remembering Rev. Clementa Pickney And 8 Others– The Trial of Their Murderer Has Began

Dear Friends,

Trial started today for the man who murdered 9 Black people in the Emanuel AME Church on June 17, 2015.  I’m currently working in getting details about today’s hearings so we can  follow the trial.

President Barack Obama delivered the eulogy for the Reverend Clementa Pickney who was among the dead.  Rev. Pickney was also a State Senator.  He was 41-years old.

Below is the video of the full eulogy.  Listening to it gives us an answer as to why Dylann Roof, an avowed White supremacist, selected that church to carry out the murders.

 

Dylann Roof’s Request For Bench Trial Denied

On June 17, 2015, Dylann Roof staged a massacre at the Emanuel AME Church during Bible study.  Among those who killed were Pastor Clementa Pinckney.  Roof has been charged under South Carolina law where prosecutors seek the death penalty.  He has also been charged under federal law.

Roof, 22-years old, is charged with murder and attempted murder on the state level.  Federal prosecutors have charged Roof with 33 counts, including hate crimes, obstruction of religion, and firearms offenses.

On June 7, 2016, federal Judge Richard M. Gergel scheduled Roof’s trial to begin on a November 7, 2016.  The trial is estimated to take about 6 weeks. The judge turned down an earlier request by the South Carolina prosecutor, Scarlett A. Wilson, to allow the state’s trial to go forth first.  It is scheduled for January, 2017.  Jury selection in the state trial is due to start in early December, which could overlap with the federal proceedings.

To select 12 impartial jurors, Judge Gergel planned to have 1,500 prospective jurors called statewide for jury duty.  Jury selection includes 12 and 6 alternates.  Roof’s attorneys filed a document that Roof will waive his right to a trial by jury.  The filing does not give a reason for why Roof wants to waive a trial by jury. 

June – This Month in Black American History

By Guest Blogger Yahtzeebutterfly

Birthdays:

June 3, 1904 – Physician and medical researcher Charles Drew in Washington, D.C.

 

June 6, 1939 – Child advocate Marian Wright Edelman in Bennettsville, South Carolina

Black History Month – Clementa Pinckney, Pastor and State Senator

By Guest Blogger, Yahtzeebutterfly

Rev. Clementa Pinckney

Rev. Senator Clementa Pinckney was both a strong, inspirational leader and a caring, compassionate servant to his community.  It is my hope that he will be remembered in history books and during future Black History Months and also that his legacy will lead others to follow in his path.

Born July 30, 1973, in Beaufort, SC, Pinckney became a pastor at the age of 18 and a state representative at the age of 23. He was 27 when he became a state senator, a position he held until a white supremacist’s bullet took his life on June 17, 2015.

I watched a video where Rev. Pinckney explained to a group visiting the Mother Emanuel Church in Charleston why he chose to be both a pastor and a state legislator:

There are many people who say, “Why would you as a preacher, why would you as a pastor, be involved in public life?” And, I’ve already said it, but I’ll say it again.  Our calling is not just within the walls of a congregation, but we are part of the life of the community in which the congregation resides.

This Sunday – Potpourri

Caterpillars, moths, butterflies, and all creatures great and small,

Here’s a shout-out an appreciation to our new subscribed followers.  Here’s another shout-out to those on Twitter who tweet out links of our blog posts.  Your support is greatly appreciated.   If you’re not following me on Twitter, my handle is @XenaBb7.

NEED YOUR PRAYERS AND POSITIVE THOUGHTS

Those of you familiar with our writers and comment participants may have noticed that Towerflower has been absent.  She gave me her approval to share this.  Whatever your path, whether prayers, positive thoughts or good wishes, she needs them.  Her sister and her mom both had strokes on the same day.  Her sister is now out of the hospital, but her 89 year-old mother is having problems.  Her mom had been taken off blood-thinners in preparation for a surgery, and that is when she had the stroke.  She has days of speaking clearly, and days of slurring her speech.  There are days when she just sleeps.   Please keep towerflower in your thoughts.

I’m not one who talks much about politics.  However, I did watch the Democratic debates.  In my opinion, it was not a debate as much as an introduction of the candidates.  My mind was made-up long ago that I will not vote for Hillary Clinton in the primaries.  In 2007-2008, she went dirty against Barack Obama and Sarah Palin used some of that dirt when she campaigned.   There is not one Republican candidate I want in the White House.  If by chance that Clinton should win the nomination, it will force me to vote for her.  Truly, I would prefer looking closely at the Independents, but am afraid that a vote for them will take a vote away from the Democratic candidate.

Well, why should I worry?  I’m in Illinois and Illinois always carries the Democratic candidate for president.

23 Page Manifesto

Using evil against evil only results in more evil. That eye for eye makes the entire population blind. Thanks for writing about this, Juan.

Confederate Flags Placed at Martin Luther King’s Church

If nothing else, it’s a crime of vandalism, the same as anyone would feel having someone put animal ca-ca on their front porch.

Dylann Roof Indicted On Federal Hate Crime Charges

In a 16-page federal grand jury indictment, Dylann Roof, the 21-year old who killed 9 people in the Emanuel African Methodist Episcopal Church, has been indicted on 33 counts of federal charged, including hate crimes, firearms violations, and obstructing the practice of religion.

U.S. Attorney General Lorette Lynch announced the charges yesterday. The federal charges are in addition to the state murder charges. The Justice Department has not decided whether it will seek the death penalty against Roof, nor whether its prosecution will come prior to the state’s case.

South Carolina does not have a state hate-crime law. AG Lynch stated that the federal charges were needed to adequately deal with a defendant that “decided to seek out and murder African-Americans because of their race.”

Any Topic Discussion – July 11th 2015

What’s good Blackbutterfly7? Santiago here,  checking in with an any topic discussion thread.  Feel free to share your thoughts as to recent events that may or may not have been covered by us recently.

As for myself, it’s been a pretty busy week.  Our house has sold and we will be moving out by the end of August. Court took place this week.  The defendant entered a plea of not guilty  Trial is set for September 8th.

My Soap Box For Today

South Carolina finally did what should have been done years ago in taking down the Confederate Flag.  (Really, it should have never been flown after the Civil War.) The flag’s removal has caused some to go off the deep end with their arguments that the flag does not represent oppression and bigotry, but rather their history and southern pride.

As slanted as those claims might be, here is what that flag represents to me.

Charleston Council Renames Library To Honor AME Shooting Victim Cynthia Hurd

Silence and Shame after Charleston

The Inglorius Padre Steve's World

Friends of Padre Steve’s World

I have been amazed over the past couple of days following the terrorist attack committed by Dylann Roof on the pastor and parishioners of Emmanuel African Methodist Episcopal Church. What has amazed me is the number of prominent Republican politicians, including a number running for president who are in full denial mode about the motivation of this young man. Not only that, anyone now asserting the truth that this was a racially motivated terrorist attack committed by a White Supremacist who evidently wrote a manifesto on a White Supremacist website, who told his victims “You rape our women and you’re taking over our country. And you have to go.” He confessed to the killings and even said that he almost didn’t go through with them because the people were so nice to him.

Even so prominent Republicans, Jeb Bush, Lindsey Graham, Mike Huckabee, Rick Perry…

View original post 635 more words

Mass Hate Crime Murders in Charleston, SC

No matter what path you walk, there is a basic truth that love, joy, peace, patience, kindness, goodness, faithfulness, meekness, and self-control are the 9 spiritual fruits, the evidence seen in how we live – indeed, why we live.   Last night in Charleston, South Carolina, people gathered in the Emanuel African Methodist Episcopal (AME) Church for prayer. Nine of them were murdered. ABC reports that at least one is in the hospital wounded.

May their spilled blood produce the fruits of righteous judgment and spring forth trees of love.

Rev. Pinckney

Reported early is that among the victims is Rev. Clementa C. Pinckney, who was also a Democratic State Senator. Rev. Pinckney was elected to the South Carolina House of Representatives in 1996 at the age of 23. In 2000, at the age of 27, he was elected to the State Senate. He was one of the youngest persons and the youngest African-American in South Carolina to be elected to the State Legislature. His committee assignments included Senate Finance, Banking and Insurance, Transportation, Medical Affairs and Corrections and Penology. He and his wife Jennifer have two children.

Police say the suspect is a clean-shaven white man in his 20s, with a slender build. He was wearing a gray sweatshirt, blue jeans and boots.