FROM BERACHOT LEVINE TO MAYOR CHERI BARRY OF MERIDIAN, MISSISSIPPI:
“WHO DO YOU THINK YOU’RE KIDDING?”
Your latest move of telling my staffer to call Washington, D.C. is really something. It’s disgusting that you won’t pick up the phone and report to the feds that federal law is being violated in your city. You are forgetting that you are supposed to support the laws and discharge your duties as mayor. Let me remind you of the oath of office which you took:
"I, Cheri Barry, do hereby solemnly swear that...I will support the Constitution of the United States, the Constitution and Laws of the State of Mississippi and the Laws and Ordinances of the City of Meridian during my continuance in office; that I will discharge the duties of my said office to the best of my skill and ability during my continuance therein…”
This goes beyond just your office, however, and the oath you took as mayor. As a citizen you have a requirement to obey the law. For example, you are required by law to report to the proper authorities the crimes of which you have been made aware.
§ 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
Part of the laws being broken includes that lies are being told about the victims, which is bringing about obstruction of justice. Because of this, federal and other authorities are being deceived into not upholding the law. Local authorities under your watch in Meridian, Mississippi have lied to and deceived federal authorities, and that is why the crimes have not been investigated and subsequently prosecuted.
As far as your mayoral duties, below are just some of the laws (quoted in pertinent part) you swore, in your oath, to support (uphold):
Amendment 1 - Freedom of Religion, Press, Expression
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 14 - Citizenship Rights.
No State shall…enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Title 18, Part I, Chapter 13, Section 241, Conspiracy against Rights, and Title 18, Part I, Chapter 13, Section 242: Deprivation of rights under color of law.
§ 241. Conspiracy against Rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if… such acts include kidnapping or an attempt to kidnap… or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties…shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of…explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if…such acts include kidnapping or an attempt to kidnap… or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
3. (From CONSTITUTION OF THE STATE OF MISSISSIPPI)
Article 3, Section 13. Freedom of speech and press; libel.
The freedom of speech…shall be held sacred…
Article 3, Section 18. Freedom of religion.
…the free enjoyment of all religious sentiments and the different modes of worship shall be held sacred…
Chapter 18 POLICE*
Meridian Municipal Code Sec. 18-2
Sec. 18-2. General duties of chief; supervision by mayor.
The chief of police shall, under the general direction and control of the mayor, be the head of the city's police department including all divisions of such department. He shall make all assignments to duty of the personnel of the police department and be responsible directly to the mayor for the proper and efficient operation of the police department…
(Code 1962, § 18-2)
Sec. 18-9. Reports by chief to mayor.
The chief of police shall, in writing, report to the mayor each month his official acts and doings; the condition of the police department… the number of violations of ordinances reported, with any remark on the conduct of the police officer calling for remark; and he shall also report all violations of duty by the police department, and on failure to discharge this last named duty he himself may be held to be guilty of a neglect of duty, and may be tried the same as if his neglect appears to be willful.
(Code 1962, § 18-9)
Sec. 18-11. Chief to preserve law and order, protect health.
The chief of police shall endeavor at all times, day or night, to preserve the public peace, prevent the commission of crimes, and arrest offenders; he shall protect the rights of persons and property…he shall enforce obedience to all laws and ordinances of the city.
(Code 1962, § 18-11)
Again, who do you think you’re kidding? The police chief reports to you! It’s your police and police department who broke federal law. Are you forgetting? YOU’RE the mayor! (I guess you just enjoy being the mayor when it’s stuff you feel like doing, but not anything that would require real guts and integrity.)
Of course we know that you have appointed a new chief of police recently. But Benny Dubose was chief under your mayorship for a number of months prior to the appointment of the new chief. And Benny Dubose broke the law under your supervision! You cannot pass this one off under your “that was all in the past” ploy.
(And –WHO DO YOU THINK YOU’RE KIDDING?—you haven’t told the new chief to do the right thing in this situation, either. YOU ARE CONTINUING, PERPETUATING, AND AIDING AND ABETTING THE CONTINUATION OF THE DEPRIVATION OF RIGHTS OF THE VICTIMS. More on this later in this article.)
Benny Dubose repeatedly, day after day, violated your own Meridian, Mississippi Municipal Code Sec. 18-9, and 18-11 above, as well as MS Constitutional Laws (the Constitution being the supreme law of the state) and the Federal Statutes above. He violated these laws under your watch, by (for one thing) failing to report Detective Havard’s violations of duty. Further, he completely failed to act on a private citizen’s standing complaint regarding these infractions of Detective Havard and others. This complaint was researched, properly prepared, notarized, and submitted in January of 2009. Benny Dubose completely ignored this complaint, did nothing to resolve it, and tormented the victims by laughing at them and giving them the runaround for months.
Allow me to fill you in on another scenario…this one you may not be aware of. Lieutenant-Captain-Lieutenant Dean Harper of the Meridian, Mississippi Police Department has told the victims on numbers of occasions that he would like to investigate. He would tell them he wanted to investigate the crimes that had been committed against them, but then he would say that his hands were tied because he takes his orders from the police chief (Benny Dubose) and the chief takes orders from the mayor (John Robert Smith at that time).
He was in Internal Affairs, and although for months he had wanted to do an investigation, he refused to do so. Evidently, eventually his conscience began to bother him and he made arrangements for the victims to make a complaint in the detective division at the police station. (This was after the victims had tried for years to make complaints as any citizen is allowed and had been refused.)
Obviously it looks like the lieutenant was willing to act like Serpico and “go around” the chief at this point—he actually set up a meeting for them with a Detective Massie in the Meridian Police Department’s Detective Division. (This was a meeting that any citizen in the city is allowed by law, but these victims had been denied.) Unfortunately as it turns out, Harper and Massie must have been the only ones in on it, as you will see from details I will provide below about how the victims were treated.
Four of the victims went to the police station and were treated rudely at the detective division’s front desk, by a J. Arrington. He was telling them they could not go in to see a detective and file a complaint. But then Detective Massie came out and escorted the victims into the detective division.
While the victims were making their complaint to Detective Massie, Lt. Sharpe and R.L. Tinsley were standing in the doorway of the room and were acting very menacing. Lt. Sharpe called Det. Massie out of the room, but one of the victims overheard him say to Det. Massie, “Don’t write anything down until I get back.”
Lt. Sharpe left and when he came back he told the victims that the police weren’t going to take their complaints because they had no jurisdiction. When the victims pointed out that there were numbers of crimes committed that did fall under their jurisdiction, Lt. Sharpe started yelling at the victims and telling them they had to leave and if they didn’t, he would arrest them.
You need to ask yourself why this abuse of these citizens was committed. These people finally got someone to take a complaint, which should have been done years ago, and then like some Nazi, Lt. Sharpe threatened to arrest them if they didn’t leave.
By the way, shortly after this, Lt. Sharpe was rewarded (for hurting the victims and obstructing justice) with a promotion to captain. And, subsequently, Dean Harper stopped talking to the victims, and then they found out that he had also been given a promotion to captain. (We know that subsequently you removed his captainship and he is now a lieutenant again, but the damage was already done.)
This is the kind of sick police force you have. Not had, HAVE. You need to clean it up. You may think your new chief is going to solve all of your problems, but he can’t if the head of the city is a coward who just bops around like a cheerleader and doesn’t insist that white collar crime gets prosecuted and federal violations get reported to—guess who? The feds.
What you are doing is sick, Ms. Barry, and so you are either sick (and should be removed) or you are being ill-advised. Speaking of that, what I am wondering is—who is pulling Bill Ready’s strings? I always thought that he was his own man.
I’ve also been apprised of the reality that you are not doing anything about the fact that the victims of these crimes and this discrimination are not allowed to advertise in The Meridian Star. You should find out from Charles Young, Jr. about a case where that was done to someone and the judge decided that the newspaper was in violation of their civil rights. If I got my facts straight, the victim ended up being awarded the newspaper.
I wish Pastor Demers would take my advice to sue in court. He might enjoy owning The Meridian Star. But alas, a man of integrity is he, who does not want vengeance on the people who are hurting him, nor does he want their wealth and power. (See LINKS- Pastor Demers attempts, and Pastor Demers Further Attempts) He just wants them to stop their slanders, threats, persecutions and banning, gagging, denial of equal protection under the law, etc., and allow him to do his job as an apostle and a pastor.
Speaking of integrity, you as the mayor said that you were going to do something about these things. You are either incompetent, or you need to adjust your medications, or else you obviously have been warned not to do anything because your husband’s law firm would be in too much trouble. Your husband has also given bad advice to the Board of Supervisors—he is involved in obstruction of justice, and is an undeclared co-conspirator under RICO, actively involved in the deprivation of the victims’ rights under color of law.
Again, I say to you:
“WHO DO YOU THINK YOU’RE KIDDING?”
You might want to have your city attorney, Mr. Ready, explain to you, and to himself, how the RICO statutes were used in cases such as this. You and he might want to discuss the meaning of the term “undeclared co-conspirators” regarding yourselves. The longer you play this game of politics, the more you are violating the laws, and you WILL be found out…you are just prolonging the agony for yourself. It is time for someone to “bite the bullet,” and do the right thing—why shouldn’t it be you? The truth is not going to die, and obviously the efforts to bury it have been thwarted.
You might want to tell that old lawyer who is advising you that you don’t ignore the laws just because things have always been corrupt like this. The laws DO matter. He shouldn’t be telling you to “roll over and play dead.” You should be standing up and doing the right thing—you should tell that old guy who is advising you to stand up and live by the principles he knows are right in his heart, instead of just saying them out of his mouth.
You know that he knows that the Constitution says that you have to do what we are saying, but he says that things are so corrupt, nobody in government and law enforcement will do anything. Well, you need to stand up and tell your lawyer, “I don’t care—what does the law say we should do? We are going to do THAT!” Tell him that you don’t care if the corruption goes all the way up to Washington—YOUR administration is going to do the right thing.
If one voice in the darkness speaks out, the darkness cannot continue. If two stand together, there will be no stopping the right thing. You should say to your lawyer, “I will no longer take part in the evil deeds of darkness, I will expose them.” You call yourself a Christian? Well, I know it says in your book, “Do not participate in the unfruitful deeds of darkness, but instead even expose them” (Ephesians 5:11). Not bad coming from a Jewish atheist…but you forget I know a bit about that book, and have been turned off by the hypocrisy of people who claim to adhere to it but are just talking it.
Yes, say to the old warrior, your city attorney, that it is time to dust off his sword once more. Tell him that you are going to do the right thing and speak up and that you expect him to stand with you. And he will say, “Yes, Mayor.” You tell him that you are going to make the Queen City into what she should be—a place of integrity and safety for all.
Tell that man who is advising you that the idea of “you have to face the fact that there is corruption, so you can’t do anything,” is a dirty idea and dirty politics, and that they have no place in you or in your city…and that there is no more time for that bending over to the darkness. Be like David, and stand up to Goliath! The time has come for you to prove that you are not just “more of the same.”
 As well as state laws and city ordinances.
"All that is required for evil to succeed is for good people to do nothing."
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