Saturday, January 30, 2016

华裔屡被美国政府控为间谍 却没有证据



美华裔屡被控间谍 律师:主因华裔身分
从2014年10月到2015年5月不到半年的时间里,联邦司法部以经济间谍罪等罪名向两名美籍华人发起诉讼,又在几个月后撤销诉讼。其中陈霞芬是多年的联邦雇员,郗小星是超导专家。短时间内能让司法部连续撤销诉讼实属罕见。陈霞芬案和郗小星案辩护律师彼特.蔡登博格(Peter Zeidenberg)11日对“美国之音”说,他们被误控间谍,华人身分是主因。
蔡登博格曾任检察官。他在2014年10月底接下陈霞芬的案子。陈霞芬曾在位于俄亥俄州威明顿市的国家海洋和大气管理局供职。59岁的她于去年10月24日被当作中国间谍被捕。对她的调查,源于同事的一封邮件。......继续阅读 》》
蔡登博格花了五个月时间,成功说服司法部撤销对陈霞芬的控诉。接着于2015年5月,他又接下天普大学郗小星教授的间谍案。郗小星案的起源是他在与系主任的邮件里讨论他是否应接受中国政府“千人计画”的任职邀请。
蔡登博格说,“郗小星最后决定不参加‘千人计画’。政府误解了这些邮件的意思。政府以为,郗小星在用他了解的超导技术来换取中国‘千人计画’的职位”。五个月后,司法部也撤销对郗小星的诉讼。
蔡登博格一下打响了在美国华人圈子里的名声。他说:“从那之后,联系我的人络绎不绝。他们都是美籍华裔,都被美国政府找上门。”
他说,“显然,华裔是他们被调查的首要原因。这两个案子略有不同,但是相同点很明显。两位当事人都是华人,都是第一代美国人,并且都与国内保持联系”。
报导说,与陈霞芬和郗小星有相似背景的美籍华人,为避免这类事件发生在自己身上, 除了为人处事倍加小心外,蔡登博格也很难给出有效的建议,因为这类案件的发生是多方面原因综合造成的。他说:“欧巴马政府自上而下,因一起经济剽窃案高度警惕。他们把这起案件中嫌疑人的华裔背景过度放大,然后向司法部检察官施加巨大的压力,让检察官不得不去多找些对华裔美国人不利的案件。”

美国政府轻易罗织华裔入罪



 
李文和案辩护律师孙自华(Brian Sun)28日在巴洛阿图研讨会中指出,在美国过去排华的种族主义阴影,以及目前美中两大超强政治环境下,美国司法界目前出现一种趋势:在没有足够证据下,即以“替中国做经济间谍”等严重罪名,将不少华裔科学家、高科技专家、联邦政府员工逮捕入狱,处理过程都非常草率。
孙自华在研讨会中解释李文和案的发展过程,显示美国调查单位在没有了解情况下,轻率对李文和提出重罪控诉,这情形也出现在最近发生的华裔水文学家陈霞芬,以及天普大学教授郗小星身上。陈霞芬被控窃取政府机密文件,郗小星被控向中国提供美国“秘密的超导技术”。
 
..孙自华说,美国政府轻易罗织华裔入罪的情形非常容易证明,因为联邦检察官以重罪逮捕陈霞芬、郗小星后,又因证据不足将这些罪名撤除,显示提罪前根本没做什么功课。
与会“百人会”代表顾屏山表示,美国司法标榜“假设无罪”,可是许多情况下遇有华人专家案件,就转过来成为“假设有罪”,强要被告去证明自己的无辜。
研讨会主题为“推进中美技术合作的法律风险”,由百人会与亚太裔公共事务联盟(APAPA)共同主办,参加的中美人士达百人以上,曾遭美国政府诬控的陈霞芬也上台谈她个人的痛苦经历。
百人会表示,目前约有100万华裔科技、工程、数学专家在美国工作,成为美国国力强盛不可或缺的一环,如果轻率对这些专业人才产生怀疑,随便定罪,对美国未来发展将产生不良效果。
孙自华说,美国法律非常复杂,涉及的费用庞大,因此华裔科学家、高科技专家如处理事件牵涉到中国,必须特别了解法律方面的问题,不要轻易触犯法规,在目前中美政治大环境下,他们的处境特别敏感。
纽约时报报导,欧巴马总统2013年宣布反击骇客偷窃美国贸易机密之后,司法部依经济间谍法案所提出的控诉案件比一年前暴增30%。而且,联邦检察官2013年起所提出的经济间谍控案,一半以上都与中国有关。


Sunday, January 17, 2016

Life After Death Row


The following is a script from "Life After Death Row" of  60 minutes which aired on Jan. 10, 2016. Scott Pelley is the correspondent. Henry Schuster, producer.

About 10 times a month now, an innocent person is freed from an American prison. They're exonerated, sometimes after decades, because of new evidence, new confessions or the forensic science of DNA. There is joy the day that justice arrives, but we wondered, what happens the day after? You're about to meet three people who have returned to life from unjust convictions. One of them, Ray Hinton, was on death row. He remembers, too vividly, the Alabama electric chair and the scent that permeated the cell block when a man was met by 2,000 volts. Hinton waited his turn for nearly 30 years until this past April.
That's when Ray Hinton stepped out of the shadow of execution. Taking the first steps that he chose for himself since 1985.

deathrowmain.jpg

Scott Pelley: What was that moment like?
Ray Hinton: As though, I was walking on clouds. I wanted to get away in case they changed they mind. You know.
Scott Pelley: You still didn't believe it.
Ray Hinton: I was not going to allow myself to really believe that I was free until I was actually free.

Hinton on the "horror" of death row
Hinton on the "horror" of death row

Free to visit his mother who went to her grave believing her son would be executed. The cemetery was Hinton's first destination. And he was startled by a world that had moved on without him.
Ray Hinton: We headed toward the graveyard and a voice come on and said, "At two point so many miles turn right." And I said, "What the hell? Who is that?" And he said his GPS tracker. I knew I didn't see no white lady get in that car. I wanted to know how did she get in that car and what is she doing in this car. Man, come on.
Any voice tended to be a surprise; on death row, Hinton spent most of every day, alone.
Scott Pelley: After 30 years inside, mostly by yourself, did you worry about coming back out into the world?
Ray Hinton: You get out and you just out. If you don't have a place to live or money or whatever, you ask yourself, "What am I gonna do?" But my best friend stuck by me for 30 years. And he had already told me "Whenever you get out, you come live with me and my wife."
Scott Pelley: What did you have to learn after you got out?
Ray Hinton: I'm still learning. I'm still learning that I can take a bath every day. I'm still learning that I don't have to get up at 3 o'clock in the morning and eat breakfast. I'm still learning that-- life is not always what we think it is.
Ray Hinton's life was never what he thought it would be after 1985 when he was misidentified by a witness who picked him out of a mug shot book. His picture was in there after a theft conviction. When police found a gun in his mother's house, a lieutenant told him that he'd been arrested in three shootings including the murders of two restaurant managers.
Ray Hinton: I said, "You got the wrong guy." And he said, "I don't care whether you did it or don't." He said, "But you gonna be convicted for it. And you know why?" I said, "No." He said, "You got a white man. They gonna say you shot him. Gonna have a white D.A. We gonna have a white judge. You gonna have a white jury more than likely." And he said, "All of that spell conviction, conviction, conviction." I said, "Well, does it matter that I didn't do it?" He said, "Not to me."
The lieutenant denied saying that. But Hinton was convicted at age 30. He was 57 when the U.S. Supreme Court ruled 9 to zero that his defense had been ineffective. A new ballistics test found that the gun was not the murder weapon.
Ray Hinton: Thirty years ago a judge proudly stood up and said, "I sentence you to die." Thirty years later no one had the decency to say, "Mr. Hinton, we sorry for...uh...we sorry for what took place." No one have said it.
Scott Pelley: What did the State of Alabama give you to help you get back up on your feet?
Ray Hinton: They dropped all charges and that was it.
Scott Pelley: No money?
Ray Hinton: No.
Scott Pelley: No suit of clothes?
Ray Hinton: Nothing. No.
And that is where many states are failing the growing number of exonerated prisoners. It turns out in Alabama if Ray Hinton had committed murder and was released on parole, he would have been eligible for job training, housing assistance and a bus ticket home. But most states offer no immediate help to the innocent who's convictions can be embarrassing because of misconduct or incompetence by police or prosecutors.

What we owe exonerated prisoners
What we owe exonerated prisoners

Bryan Stevenson: You can't traumatize someone, try to kill someone, condemn someone, lock someone down for 30 years and not feel some responsibility for what you've done.
Attorney Bryan Stevenson worked on Ray Hinton's case for 16 years. Stevenson started the Equal Justice Initiative, one of a growing number of legal organizations overturning false convictions.
Bryan Stevenson: They need support, they need economic support, they need housing support, they need medical support, they need mental health care. They need to know that their victimization, their abuse has been taken seriously.
Ken Ireland: It was just absolutely unimaginable and I couldn't even explain the horror of it.
Ken Ireland lost 21 years. He was misidentified by witnesses who collected a $20,000 reward. Convicted in a 1986 rape and murder, DNA proved his innocence.
Because of the rare perspective of an innocent man who's done hard time, the governor put Ireland on Connecticut's parole board.
Scott Pelley: So this is your new cell?
Ken Ireland: Well, yeah, for eight hours a day.
It took five years to get this job. At first, he lived with his sister. And he found work as a counselor for troubled kids.

ireland.jpg
Ken IrelandCBS News
Ken Ireland: When I first was released, I got a little small apartment in town. I mean there was the nights where I just barricaded myself in a big walk-in closet and slept in there. Just thinking, you know, you know, someone's going to come kick down my door and drag me back.
Scott Pelley: You slept in a closet?
Ken Ireland: Yeah, yeah, a few times I have.
Scott Pelley: Are you over that now, six years later?
Ken Ireland: Yeah, I don't have them issues now. It gets easier and easier every day.
One thing that made it easier was Connecticut's new law that compensates the wrongly convicted. A year ago, Ireland was the first to get a check.
Scott Pelley: What did the state give you?
Ken Ireland: Six million dollars.
Scott Pelley: Six million dollars?
Ken Ireland: Right, and--
Scott Pelley: Wow.
Ken Ireland: That's more than most states are giving.
Scott Pelley: Well it comes to something like 300,000 dollars a year for every year you spent in prison. And you say it's not worth it?
Ken Ireland: Oh, absolutely not. Absolutely not. They could give me five million for every year and it still wouldn't be worth it.
Ken Ireland was fortunate, if you can call it that. Twenty states offer no compensation at all, one, is Julie Baumer's home, Michigan.

"Like waking up from a coma"
"Like waking up from a coma"

Scott Pelley: Other than the time, what have you lost?
Julie Baumer: Everything. Everything. My life is nothing as it was.
In 2003, Baumer was a mortgage broker raising her sister's baby. He became ill so she took him to an emergency room. Doctors there suspected the boy had been shaken until his brain was damaged. Baumer was convicted of child abuse. She was in her fifth year in prison when new evidence showed that the boy had suffered a natural stroke. She was retried, acquitted and the judge apologized. After she was released, for a time, she was homeless.
Scott Pelley: How did you start over?
Julie Baumer: It was very, very, very rough. You start from the bottom reclaiming your identity. I didn't have an ID. And then after I jumped over that hurdle, then you start applying for jobs. And then you have to go through OK, well, now there's a five gap-- year gap on your résumé. Why is this? And then you tell your potential employer the truth. In my case, I never got phone calls back.
Scott Pelley: There was no support for you of any kind.
Julie Baumer: No.
Julie now works for a Detroit-area parish. In her spare time she's lobbying Michigan's legislature for a compensation law.
Julie Baumer: No amount of money can ever bring back everything that I've lost.
Scott Pelley: No one can fail to see the injustice in these cases. But when it comes to compensation, there are people watching this interview who are saying, "You know, it was just bad luck and we don't necessarily owe them for the life that they lost."
Bryan Stevenson: This isn't luck, this was a system, this was actually our justice system, it was our tax dollars who paid for the police officers who arrested Mr. Hinton. Our tax dollars that paid for the judge and the prosecutor that prosecuted him. That paid for the experts who got it wrong. That paid to keep him on death row for 30 years for a crime he didn't commit. This has nothing to do with luck. This has everything to do with the way we treat those who are vulnerable in our criminal justice system.
Ray Hinton is considering applying for compensation but Alabama has paid only one exoneree after 41 claims. In the meantime, attorney Bryan Stevenson has been Hinton's guide to advances like ATMs and smartphones and to frustrations that never change, like getting a license at the DMV.
Ray Hinton: Whether I ever catch up with the world I don't know but I'm gonna try.
Hinton is working part-time now speaking about justice and faith.
Ray Hinton: I just never, never believed that God would allow me to die for something that I didn't do. I didn't know how he was going to work it out but I believed that he would work it out.
Ray Hinton: I can't get over the fact that just because I was born black and someone that had the authority who happened to be white felt the need to send me to a cage and try to take my life for something that they knew that I didn't do.
Of course, they did take Ray Hinton's life. A false conviction isn't about lost time; it's the loss of an education, a marriage, the chance to start a family, settle into a job and build a pension. The only thing Alabama didn't take was the breath from his body.
Scott Pelley: Are you angry?
Ray Hinton: No.
Scott Pelley: How could you not be? Three decades of your life, most all of your life.
Ray Hinton: They took 30 years of my life, as you said. What joy I have I cannot-- afford to give that to 'em. And so being angry is-- would be giving them--letting them win.
Scott Pelley: You'd still be in prison.
Ray Hinton: Oh absolutely. I am a person that love to laugh. I love to see other people smile. And how can I smile when I'm full of hate. And so the 30 years that they got from me, I count today-- I count every day as a joy.

Fair Harvard ?




Are you a Harvard/Radcliffe Graduate?  Please Help.

                   URGENT!   Need 200 physical signatures 
        from Harvard/Radcliffe Alumni returned by Jan/31/2016

     Reason?  To nominate 5 candidates to run for 5 seats on Harvard's
Board of Overseers.  Their platform will be "Free Harvard, Fair Harvard."
80-20 joins others to take the battle for race-neutral admissions right up to
Harvard's doorsteps. 

                                   Why "Fair Harvard"?   

   Take one look at the following diagram, based on federally-reported statistics, and you will know that Ivy League schools have been limiting 
AsAms admits.  The population of Asian, age 18-21 has doubled, when the population attending Harvard has drop by about 50%.  In comparison, at meritocratic Caltech, its Asian enrollment has followed the population increase in AsAm youth.


      "A nation that selects its elites by corrupt means will produce corrupt elites.  These abuse must stop," said Ron Unz, one of the 5 candidates to be nominated.   

       The candidates advocate "far greater transparency in the admissions process, which is totally opaque and therefore subject to massive hidden favoritism and abuse."
  
                                      Why "Free Harvard"?   

       Take one look at the diagram below and you'll know that the time has come for Harvard to exempt tuition.  At Harvard, the revenue generated is negligible compared to the investment income of the endowment.


                  What YOU & Harvard/Radcliffe Graduates Can Do


      If you are an H/R alumni (of the college or any of the graduate schools) or you can guarantee 100% to get such signatures, please contact ASAP the 80-20 representative weijingzhu@gmail.com with your name, and postal address, so as to receive a FedEx packet of 5 nomination forms which all need to be signed and returned by prepaid FedEx.



     At the heart of this endeavor are several long time advocates who "have written or testified extensively against race-based admissions":
     80-20 strongly supports Ron Unz's campaign to secure 201 signatures from H/R alumni to assure that these magnificent candidates will get on Harvard's next ballot for 5 Board of Overseers. Forward. Help please.



New York Times Chimed In

     Read this front page NYT article (1/14): "Some Would Level the Playing Field: Free Harvard Degrees"

Dr. Wei-Jing Zhu, an 80-20 EF Board Member, H/R '90   

View a GREAT 3-part video about AsAms:  
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    Have you signed our national petition?  It's already supported by 6 Nobel Laureates and numerous leaders of science, technology and academia?