Daily Archives: August 8, 2022

KITE REALTY GROUP TRUST : Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Creation of a Direct Financial…

Posted: August 8, 2022 at 12:24 pm

Item 1.01 Entry into a Material Definitive Agreement.

Second Amendment to Sixth Amended and Restated Credit Agreement

On July 29, 2022, Kite Realty Group Trust, a Maryland real estate investmenttrust ("Kite Realty"), and Kite Realty Group, L.P., a Delaware limitedpartnership and the operating partnership of Kite Realty (the "OperatingPartnership"), entered into the Second Amendment (the "Second Amendment") to theCredit Agreement (as defined below) with KeyBank National Association("KeyBank"), as administrative agent, and the lenders party thereto. The SecondAmendment amends that certain Sixth Amended and Restated Credit Agreement, datedas of July 8, 2021 (as amended by the First Amendment to the Sixth Amended andRestated Credit Agreement dated as of October 22, 2021, the "Existing CreditAgreement," and the Existing Credit Agreement as amended by the SecondAmendment, the "Amended Credit Agreement"), among the Operating Partnership (assuccessor by merger to Retail Properties of America, Inc. ("RPAI")), asborrower, KeyBank, as administrative agent, and the lenders from time to timeparty thereto.

The Second Amendment provides for, among other things, (i) an increase in therevolving commitments under the Existing Credit Agreement (the "RevolvingFacility") from $850 million to $1.1 billion, together with the replacement ofLIBOR with adjusted SOFR as the interest reference rate for loans under theRevolving Facility, (ii) a new senior unsecured term loan in an aggregateprincipal amount of $300 million (the "New Term Loan"), which New Term Loan (x)has a scheduled maturity date of July 29, 2029 and (y) accrues interest at arate per annum equal to adjusted SOFR plus a margin that ranges from 1.15% to2.20% depending on the Operating Partnership's credit rating, with the potentialto reduce the otherwise applicable interest rate margin by one basis point ifcertain greenhouse gas emission reduction targets are achieved, and (iii)certain other amendments set forth therein. A portion of the proceeds of the NewTerm Loan were applied to repay the Operating Partnership's existing $200million senior unsecured term loan that was scheduled to mature on November 22,2023.

Under the Amended Credit Agreement, the Operating Partnership has the option toincrease the Revolving Facility and/or incur additional terms loans by up to anadditional $600 million, for an aggregate committed amount of up to $2.0billion, subject to certain conditions, including obtaining commitments from anyone or more lenders, whether or not currently party to the Credit Agreement, toprovide such increased amounts.

The covenants contained in the Amended Credit Agreement are substantially thesame as under the Existing Credit Agreement, except that, among othermodifications, each of (x) the maximum leverage ratio of 60% and (y) the maximumratio of unsecured debt to the value of a pool of unencumbered properties of 60%were amended to allow such ratios to increase to 65% during the quarter in whicha material acquisition occurs and the three immediately following fiscalquarters (as opposed to the quarter in which a material acquisition occurs andone subsequent fiscal quarter as provided in the Existing Credit Agreement).

The forgoing summary does not purport to be complete and is qualified in itsentirety by reference to the full text of the Second Amendment, which is filedas Exhibit 10.1 hereto and is incorporated herein by reference.

Fourth Amendment to Term Loan Agreement

On July 29, 2022, Kite Realty and the Operating Partnership entered into theFourth Amendment (the "Fourth Amendment") to the Term Loan Agreement (as definedbelow) with KeyBank, as administrative agent, and the lenders party thereto. TheFourth Amendment amends that certain Term Loan Agreement, dated as of July 17,2019 (as amended by the First Amendment to Term Loan Agreement, dated as of May4, 2020, the Second Amendment to Term Loan Agreement, dated as of July 19, 2021,the Third Amendment to Term Loan Agreement, dated as of October 22, 2021 and theFourth Amendment, the "Amended Term Loan Agreement"), by and among the OperatingPartnership (as successor by merger to RPAI), as borrower, KeyBank, asadministrative agent, and the lenders from time to time party thereto, whichprovides for (i) a $120 million unsecured term loan with a scheduled maturitydate of July 17, 2024 and (ii) a $150 million unsecured term loan with ascheduled maturity date of July 17, 2026.

The Fourth Amendment provides for, among other things, (i) the replacement ofLIBOR with adjusted SOFR as the interest reference rate for all loans under theAmended Term Loan Agreement and (ii) certain other amendments and modificationsto conform to the terms of the Amended Credit Agreement.

The forgoing summary does not purport to be complete and is qualified in itsentirety by reference to the full text of the Fourth Amendment, which is filedas Exhibit 10.2 hereto and is incorporated herein by reference.

Certain of the lenders under the Credit Agreement and Term Loan Agreement ortheir affiliates have provided, and may in the future provide, certaincommercial banking, financial advisory, and investment banking services in theordinary course of business for Kite Realty, its subsidiaries and certain of itsaffiliates for which they receive customary fees and commissions.

Item 1.02 Termination of a Material Definitive Agreement.

In connection with the incurrence of the New Term Loan, the OperatingPartnership repaid in full its $200 million senior unsecured term loan that wasscheduled to mature on November 22, 2023 provided pursuant to that certain TermLoan Agreement, dated as of November 22, 2016, by and among the OperatingPartnership (as successor by merger to RPAI), Capital One, National Association,as administrative agent, and the lenders party thereto. In connection with suchtermination, the Springing Guaranty, dated as of October 22, 2021, by KiteRealty in favor of the lenders under such term loan facility was alsoterminated.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an

The disclosure in Item 1.01 of this Current Report on Form 8-K is incorporatedherein by reference.

Exhibit No. Description

* Pursuant to Item 601(a)(5) of Regulation S-K, certain schedules and exhibitshave been omitted. The registrants hereby agree to furnish a copy of any omittedschedule or exhibit to the Securities and Exchange Commission (the "SEC") uponrequest by the SEC.

Edgar Online, source Glimpses

View post:
KITE REALTY GROUP TRUST : Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Creation of a Direct Financial...

Posted in Fourth Amendment | Comments Off on KITE REALTY GROUP TRUST : Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Creation of a Direct Financial…

Fifth Circuit: This Badge Wearing Serial Sexual Assaulter Is Beyond Even Our Expansive Definition Of Qualified Immunity – Techdirt

Posted: at 12:24 pm

from the 5th:-we-would-do-anything-for-cop-love-but-we-won't-do-this dept

Yikes.

Deputy Boyd stayed for approximately two hours, during which time he made numerous inappropriate sexual statements and commands, which the district court found were neither invited nor consensual. For example, Deputy Boyd told Tyson that he and fellow officers had recently seen her at a restaurant, and he repeated sexual comments that the officers made about her body. For example, he said that the officers talked about what they would like to do to [her] if they could. He also compared the size of Tysons breasts with his wifes breasts. He pressed her to answer invasive questions about her sex life, such as whether she and her husband would consider a threesome and whether her husband would allow someone to watch them having sex. And he asked for nude pictures of her husband.

At some point, Deputy Boyd received a phone call from his wife, and he answered it on speakerphone without notifying his wife. He told his wife that he was running errands. He then solicited nude photos from his wife and made sexually explicit comments.

Thats only part of the extremely disturbing narrative recounted by the Fifth Circuit Court of Appeals decision [PDF]. Theres a lot more. And a lot of background. All of it adds up to something even the cop-friendliest circuit in the nation cant condone.

And this circuit has done a lot of condoning. Perhaps its an effort to keep the peace decisions that wont antagonize Texas into seceding and becoming the cowboy-hatted North Korea of America. Or maybe its just the home-grown judges who tend to consider boots and badges to be indicative of being on the right side of the law, even if that means coming down on the wrong side of the Constitution.

But whats detailed here is too much even for the Fifth Circuit. It starts with a welfare check one Deputy David Boyd felt he should handle personally. Thats not where the evil starts. Its where Deputy Boyds evil merely continues.

On September 18, 2018, Wade Tyson called the Sheriffs Department of Sabine County, Texas, to request a welfare check on his wife, Melissa Tyson (Tyson). Wade reported that he was out of town and worried about his wife, who was home alone and distressed. Defendant Deputy David Boyd called Tyson that evening and told her that he would visit the next morning to conduct a welfare check. He introduced himself as a sheriff. He told her that he handled welfare checks because he was a preacher.1

Youll notice two things about this part of the narrative. First, the deputy was definitely not a sheriff. Perhaps he meant it colloquially but one can assume he expected Wade Tyson to believe he had all the authority he needed plus the authority he was borrowing from the actual sheriff to carry out this welfare check.

Youll also notice the 1, which refers to this footnote:

Deputy Boyds ministerial credentials had actually been revoked eleven years prior because of prohibited sexual conduct. During his time as a minister, he was also sued by church members for alleged sexual misconduct.

So, the deputy was not actually a preacher, as one would understand the term during a phone call. He was actually an accused sex offender who had apparently managed to stay unjailed because of his recent links to the church that booted him, as well as his current employer, which seemed unwilling to inform the public it employed a deputy who had been accused of and sued over sexual misconduct allegations.

The deputy began his visit by introducing himself as the sheriff. Then he hugged Mrs. Tyson, a completely uninvited move. He tried to move her inside but she stayed outside. He inquired about the presence of security cameras, either owned by Tyson or her neighbors. He made disparaging comments about her husband. He said she must be lonely without a man in the house.

What happened next follows my yikes intro. But it went on from there. The deputy noticed marijuana paraphernalia through the window of the house. He made references to swingers he had accosted about marijuana possession, noting that he cited some but let others go. Once this leverage was applied, the intensity of the deputys sexual assault of Tyson increased.

Tyson alleges that Deputy Boyd then sexually assaulted her on the porch of her home. He commanded her to expose her breasts and her vagina, and spread her labia to expose her clitoris. After a prolonged hesitation, Tyson complied. Deputy Boyd then masturbated to ejaculation in front of her. She closed her eyes and waited for him to finish, at which point he left.

It didnt end there. Even if it had, it would be more than enough. But Deputy Boyd decided mere porch-side sexual assault wasnt enough. He sent her text messages telling her he had seen her around town and wondering why she hadnt responded to earlier text messages.

Tyson, meanwhile, saw her life disintegrating. She began seeing multiple therapists in hopes of processing the sexual assault. She gained weight. Her relationship with her husband deteriorated. She installed cameras at her house, which she rarely left following being violated by the deputy.

She reported the assault to the Texas Rangers because she felt she could not trust local law enforcement, what with Deputy Boyd informing her that other officers had been openly discussing her sexual features.

This was not Deputy Boyds first rape rodeo. He was indicted in April 2019 for sexual assault, indecent exposure, and official oppression. Tyson filed her lawsuit during this same month, adding to the proven complaints about Boyd.

The deputy along with the county argued immunity should be awarded because, no matter how insanely awful Deputy Boyds personal actions were, no clearly established rights were violated. Somehow, the district court agreed. It ruled that Tyson had not been seized. Nor had she been imprisoned when she was sexually assaulted by the deputy.

The Appeals Court agrees with the lower court as far as a seizure under the Fourth Amendment is concerned. Latent threats about drug paraphernalia are not enough to support this claim, according to the judges. But thats not the end of the discussion.

If it had been nothing but that, the deputy would be free to rape another day. But he did more. And thats what crosses the line.

We have long recognized that physical sexual abuse by a state official violates the right to bodily integrity.

The Fourteenth Amendment is still in play. And holy shit did this deputy run it the fuck over in his quest to rub one out at the taxpayers expense.

Here, Deputy Boyd allegedly visited Tyson alone at her home under the pretense of a welfare check and coerced her to strip for his sexual gratification. He further ordered her to show him her clitoris while he masturbated to her exposed body. It is beyond dispute that no legitimate state interest can justify an officers use of coercion to compel the subject of a welfare check to expose her most private body parts for his sexual enjoyment. Nor does Deputy Boyd argue that any legitimate state interest could justify his instructions to Tyson to perform non-consensual sexual acts while he masturbated.

The court is not done excoriating Deputy Boyd and his disgusting abuse of power.

Moreover, this is not a case of recklessness, negligence, or overzealous policing. The record supports a premeditated intent to introduce sexual abuse into the welfare check because Deputy Boyd misrepresented to Tyson that he was on duty and searched the exterior of the home for cameras immediately upon arrival. [] Deputy Boyds alleged sexual abuse shocks the conscience andviolated Tysons right to bodily integrity.

Unbelievably, the deputy and the county argued this assault shouldnt shock the conscience because the deputy didnt drug, restrain, physically assault, beat, tase, shoot, bind, gag, or otherwise physically restrain Tyson during this encounter. The court says the means dont matter. Its what was done under the color of law, which, in and of itself, is often enough to secure compliance.

The use of mental coercion rather than physical coercion to effectuate sexual abuse is a distinction without a difference. Deputy Boyds use of coercion to compel Tyson to engage in physical sex acts against her will violated her right to bodily integrity.

And thats it for Deputy Boyd and the other defendants. The Fourth Amendment may not be implicated (but only narrowly) but the Fourteenth Amendment sure as fuck is. The defendants will get no immunity. The case goes back down to the lower court to address the obvious constitutional violations highlighted by the Appeals Court. And the now-indicted deputy has at least one civil case on top of his criminal case woes.

Filed Under: 14th amendment, 5th circuit, david boyd, melissa tyson, qualified immunity, sexual assault, sexual harassment

Read this article:
Fifth Circuit: This Badge Wearing Serial Sexual Assaulter Is Beyond Even Our Expansive Definition Of Qualified Immunity - Techdirt

Posted in Fourth Amendment | Comments Off on Fifth Circuit: This Badge Wearing Serial Sexual Assaulter Is Beyond Even Our Expansive Definition Of Qualified Immunity – Techdirt

Mass surveillance and hardening schools won’t solve mass shootings, by Parmy Olson – Press of Atlantic City

Posted: at 12:24 pm

Parmy OlsonBloomberg Opinion

Administrators at Oak Hill High School in Fayette County, West Virginia, are attuned to potential violence. If a student scrawls a threat on the bathroom wall about shooting someone, which happens in schools on occasion, staff will set up a mobile unit of metal detectors in the schools yellow-brick entranceway. Since April, though, the metal detectors have been replaced by slimmer-looking scanners that use ultra-low frequency magnetic fields to scan students bags and pockets for weapons.

The detectors, sold by a publicly traded security company in Waltham, Massachusetts, called Evolv Technology Holdings, use algorithms that have been trained to identify any kind of gun or knife. If the machines do spot something, they will draw a box around an image of the suspected student and alert school officials. The system costs about $30,000 a year to use, according to Gary Hough, superintendent of the Fayette County school district.

People are also reading

Students flow straight through it, he said. They understand what they have to do.

In the wake of a steady increase of school shootings in the U.S., schools are eager to find ways to better protect their students, even as overall incidents of violence have dropped in the last two decades. But the steps they are taking risk reinforcing an unhealthy culture of surveillance without actually preventing violence.

Hardening is the lingo used by lawmakers and educators, who are adding metal detectors, armed security, high metal fences and bulletproof glass. And there is a lot of new technology available to buy: new types of weapons sensors, facial recognition software and even drones. Schools and colleges in the US spent an estimated $3.1 billion on security products in 2021, compared with $2.7 billion in 2017, according to Omdia, a market research company.

The result: Schools are morphing into high-security facilities that increasingly resemble prisons.

You can argue that educators dont have much choice. School shootings are becoming a fact of life and lawmakers have done little to limit access to guns. But among the huge volumes of literature on conducting risk assessments, there is little guidance on how schools should check that new surveillance tools are actually making a difference, researchers have said.

How does Oak Hill High measure the success of its new sensors? A lack of incidents, said Hough. The schools old metal detector setup was slow and caused long lines that snaked out onto the sidewalks. The lines not only made students late, but also left them vulnerable to a potential attack, Hough said. He added, I think success comes by making parents feel comfortable.

There is a trade-off to putting the grown-ups minds at ease. A 2016 study by Johns Hopkins University on school safety technology made a startling discovery. There was actually very little evidence that extra cameras and weapons scanners prevented violent events at schools, including mass shootings. There was also little indication that they helped mitigate those events.

A study in 2019 by researchers at New Mexico State University and the University of Toledo reached a similar conclusion. After looking at research and policies between 2000 and 2018, they found no empirical evidence that spending hundreds of millions of dollars on hardening schools lowered gun violence.

Both pointed to a common cycle: Horrific incidents spurred new funding with a short spending window, prompting schools to buy technology to show they were doing something, according to the Johns Hopkins study.

But there can be unintended consequences to doing something. A 2017 study by University of Florida Levin College of Law found that schools with higher proportions of Black students were more likely to rely on intense surveillance measures than did other schools, even when evidence suggested the extra safety concerns were unwarranted. That fuels a broader problem of Black students being punished more harshly than white students for similar offenses.

Increasingly intense surveillance at schools also sends a message to students that they are dangerous and prone to illegal activity, disrupting feelings of trust between students and the school, according to the University of Florida research. Instead of feeling safe, that study showed students felt a heightened sense of danger and disillusionment through constant passivity and compliance with the surveillance tech, further eroding students Fourth Amendment right to be free from unreasonable searches and seizures.

A day after the Uvalde shooting, Texas Gov. Greg Abbott held a news conference where he recommitted to the states hardening plans for schools that were passed in 2019, after another school shooting in Houston. Those plans provided $100 million in funding for extra CCTV cameras and bulletproof glass. But Abbott was praising a bill that had ultimately failed to stop the killing of 19 children and two adults last month.

Surveillance technology doesnt address the underlying cause of school shootings, and there is little evidence that it protects children from violence. But it does soothe adults nerves. Hough, the Fayette County superintendent, recalled an incident in April when someone posted on Instagram a threat to kill the school principal. News of the threat spread quickly among his students.

Normally that would have prompted about half the schools kids to stay at home on the request of their parents, he said. Not this time. Parents reminded one another on Facebook that the school had just installed Evolvs cutting-edge scanners. The next day, nearly all the schools 3,000 students turned up, according to Hough, who dismissed the notion that the scanners are a form of surveillance. It was a very normal day.

It is hard for schools to critically evaluate technologys impact on well-being something so difficult to measure outside of academic research especially when childrens lives appear to be at stake. But the price of hardening schools wont go away. Absent effective gun reform, surveillance of American children is becoming a fact of life, and their parents have little choice but to accept the consequences.

Get opinion pieces, letters and editorials sent directly to your inbox weekly!

See more here:
Mass surveillance and hardening schools won't solve mass shootings, by Parmy Olson - Press of Atlantic City

Posted in Fourth Amendment | Comments Off on Mass surveillance and hardening schools won’t solve mass shootings, by Parmy Olson – Press of Atlantic City

DNA analysis shows when and where horses arrived in America – Big Think

Posted: at 12:23 pm

North America is home to more horses than any other continent over 19 million, according to some estimates. For most of human history, however, the Americas had no horses at all.

Archaeological evidence indicates that the genus Equus, which includes horses, donkeys, and zebras, evolved in the western hemisphere between 4 and 4.5 million years ago before spreading to Eurasia, only to disappear during a megafauna extinction event at the end of the Pleistocene.

Eurasias horses survived this extinction event, going on to influence the rise and fall of numerous civilizations. The genus millennia-long trip around the globe concluded in the late 15th century, when European explorers unknowingly returned the domesticated horse to its ancestral home.

From here, horses went on to change life in the Americas just as they had in Eurasia. They enabled Hernn Corts and other conquistadores to venture deep into the American heartland, where the animals provided a strategic advantage against the native populations. Horses also played an important role in local post-Columbian economies, which still revolve heavily around ranching.

Although the reintroduction of horses in the western hemisphere is well-documented in historical literature (Corts subordinate Bernal Diaz wrote at length about the steeds that accompanied them on their initial journey), the same cannot be said for archeological excavations or DNA analysis.

Subscribe for counterintuitive, surprising, and impactful stories delivered to your inbox every Thursday

Horse fossils in the New World are hard to come by. They represent only 2.3% of early colonial animal remains found at the Ek Balam site in Yucatan. At the El Japn and Justo Sierra sites, both located in Mexico City, horse fossils are even rarer, representing 1.75% and 0.23% of the total remains, respectively.

Why are these numbers so low? Archeologists think it might have something to do with social status. The colonial sites mentioned above were once used as garbage dumps. Since horses were used for work and transportation rather than consumption, their bodies rarely ended up in the trash.

With that out of the way, the historical literature indicates that the first domestic horses were taken from the Iberian Peninsula (Spain and Portugal) and brought to the Americas via the Caribbean during the late 15th century. Its plausible, but whos to say these sources can be trusted?

To test the hypothesis, a team of researchers from the Florida Museum of Natural History, the University of Florida, and the University of Georgia sequenced the mitochondrial DNA of a late 16th-century horse found near Puerto Real, a colonial port in northern Haiti. Their study not only sheds light on the ancestry of American horses, but also lends credibility to a famous New World myth.

If the historical literature is to be believed, the first horses were brought to the Americas by Christopher Columbus on his second voyage in 1493. In his book Historia general y natural de las Indias, the Spanish historian Gonzalo Fernndez de Oviedo y Valds writes that these horses boarded Columbus ship on the Canary Islands and were subsequently taken to La Isabela, a town located in what is today the Dominican Republic.

Given that most equids are highly adaptable, it did not take long for Columbus horses to spread throughout greater Hispaniola. Within just a few years, the population had grown from a handful of individuals into self-sustaining herds that produced so many offspring that Nicols de Ovando governor of the West Indies could afford to cease importing horses from Iberia.

As the Spanish colonists dispersed into the western hemisphere, so did their horses. By 1520, equids could be found across the Mesoamerican mainland, which comprises the countries of Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala, and Belize. Less than two decades later, horses were roaming as far north as Florida. Those separated from their owners turned feral, only to be redomesticated by the Native Americans of the Great Plains.

Horses could also be found in Puerto Real, where alongside cows they sustained the towns population and economy. Of the 127,000 or so animal remains that have been identified in Puerto Real, however, only eight of them can be attributed to horses. For their study, the researchers from Florida and Georgia analyzed not a complete horse skeleton, but a single tooth actually, a fragment of a single tooth.

Originally, this tooth fragment was attributed to a cow; researchers did not learn it belonged to a horse until they took a closer look at the DNA embedded within. More so than historical literature, DNA gives us a straightforward and highly detailed impression of the ancestry and, consequently, distribution of horses in early colonial America.

The presence of a specific mutation in its mitochondrial DNA shows that the Puerto Real horse belongs to a branch of the equine family that is mostly found in Central Asia and Southern Europe, including the Iberian Peninsula. The branch encompasses a number of breeds, from Caspian ponies to the Maremmano horses of Italy and the Akhal Teke of Turkmenistan. One mystery solved.

The modern-day breed most closely related with the Puerto Real horse is the Chincoteague pony. Also known as Assateague horses, these wild equids can be found on islands off the coast of Virginia and Maryland. Their striking appearance short, stout legs, thick manes, and large bellies may have resulted from the need to adapt to the harsh environments of and limited resources available on their island homes.

While Chincoteague ponies have been extensively studied by conservationists, it is still unclear how they ended up off the New England coast. Oral traditions from the region, popularized by a 20th-century childrens novel called Misty of Chincoteague, claim their ancestors survived a colonial shipwreck.

This legend was previously contested by historians. Since the first British settlers of Virginia and Maryland made no mention of a feral pony population living on the islands, it seems likely that the Chincoteague ponies arrived sometime after the British did. However, because the DNA of the ponies and the Puerto Real horse differ by only six mutations, the legend may have some truth to it after all.

Thats the most exciting possibility, at least. But there is also another, more plausible scenario as well. Beyond folk stories, the study concludes, affinities between early Caribbean horse breeds and the Chincoteague ponies may reflect Spanish efforts to colonize the Atlantic coast of North America.

View original post here:
DNA analysis shows when and where horses arrived in America - Big Think

Posted in DNA | Comments Off on DNA analysis shows when and where horses arrived in America – Big Think

UK scientists are working on a new tool to edit your DNA and cure hereditary heart problems – Euronews

Posted: at 12:23 pm

Scientists in the UK are developing a new gene-editing tool that they hope could one day provide a cure to inherited heart defects.

The team at the John Radcliffe laboratory in Oxford, England believe they will be able to prevent the development of inherited heart muscle diseases by rewriting faulty genes in people's DNA.

The therapy is aimed at heart muscle conditions called cardiomyopathy and while these abnormalities can vary, they can sometimes cause progressive heart failure, or even death.

Doctors can already trace genetic forms of the disease in families and confirm whether there is a genetic abnormality, but as of yet there is no cure.

Physicians are unable to prevent the disease from weakening the heart until eventually a transplant is needed and those with genetic cardiomyopathies have a 50-50 risk of passing the faulty genes on to each of their children.

The research is being funded by a 30 million (35.6 million) grant from the research charity the British Heart Foundation.

"Depending on the precise physiological abnormality of the level of the heart muscle cells, it affects the heart in a different way. Some of them will cause the heart to be too thick. Some of them cause the heart to pump too weakly, Professor Hugh Watkins, Lead researcher and the head of the project called CureHeart, explained.

He's been investigating how molecular genetics can be used to address inherited causes of heart disease.

They all have in common that they can cause progressive weakening of the heart and progressive heart failure, starting in young ages and progressing through life, sometimes to the point of needing a heart transplant, he said.

The disease has also struck well known sports personalities.

Bolton footballer Fabrice Muamba had a heart attack during a televised FA Cup match from which he has since recovered, and England cricketer James Tayler was forced to retire in 2016 with a similar heart defect to Muamba.

Watkins says the prevalence of cardiomyopathy is not as common as some other heart diseases, but it's still more widespread than many of us realise.

"We know that one in 250 individuals will have this genetic susceptibility in all populations, from all ethnic and racial backgrounds," he said.

There's one particular class of genetic spelling mistake that can cause dilated cardiomyopathy to run in families, but is also responsible for many of the instances where we see heart failure in women after pregnancy or in individuals who drank too much alcohol or after chemotherapy, and that particular genetic defect affects 35 million people globally".

Gene therapies that cut out mutant or incorrect sections of DNA already exist and they have been used in patients for various diseases, but the researchers here are looking for a more precise gene editing tool, Watkins explained.

"In the patients who have these conditions, our heart muscle conditions, everybody has one healthy copy of the gene, but despite that, they get sick and sometimes that's because the faulty copy interferes with the function of the healthy ones, he said.

So we have to specifically target the faulty copy and leave the healthy one alone and that's a harder challenge than some of the other genetic medicines where it would be fine just to take out or manipulate both copies, he added.

One editing tool that is already in use is called CRISPR.

This therapy cuts out a mistake in the gene, but Watkins says what these researchers want to do is rewrite or silence faulty DNA.

"CRISPR cuts the DNA, both strands of the DNA, you could liken it to a pair of scissors. So that's quite good if you want to take out a piece of DNA or inactivate both copies of the gene, said Watkins.

For our particular disorders, we will need more precision than that because we want to manipulate the faulty copy, but leave the healthy copy alone. So where we're exploring genetic editing, we are currently exploring a type of tool called the base editor.

The team at Cureheart investigating the technology counts David Liu Broade amongst their ranks who discovered and developed this tool using chemistry in a laboratory.

As Watkins explains, the therapy can precisely rewrite single letters in a DNA sequence.

Any cure is years away and before any treatment can start, lengthy trials will be needed to test the safety of the therapy.

Watkins says although the aim is to prevent the development of heart disease, the first human trials are likely to be in people who are already in need of a transplant to establish that it works and is safe.

"If we can step in before the heart is badly damaged, then you can absolutely cure it. I don't think we will start there, because to prove it is safe and effective I think the realistic option is we will have to do our first trials in individuals with quite advanced, severe forms of damage from cardiomyopathy. In fact, people who already know they need a heart transplant, he said.

Any risk we have to take is going to be acceptable because they are already in a very risky, vulnerable position, Watkins added.

And then if they get their transplant, we get the heart out, we can explore it in minute detail and really be clear on what that genetic medicine has achieved".

For more on this story, watch the video in the media player above.

Read the original post:
UK scientists are working on a new tool to edit your DNA and cure hereditary heart problems - Euronews

Posted in DNA | Comments Off on UK scientists are working on a new tool to edit your DNA and cure hereditary heart problems – Euronews

Where to Watch and Stream DNA Free Online – EpicStream

Posted: at 12:22 pm

Cast: Fanny ArdantLouis GarrelDylan RobertMarine VacthCaroline Chaniolleau

Geners: Drama

Director: Mawenn

Release Date: Dec 10, 2020

DNA revolves around a woman with close ties to a beloved Algerian grandfather who protected her from a toxic home life as a child. When he dies, it triggers a deep identity crisis as tensions between her extended family members escalate revealing new depths of resentment and bitterness.

Yes, DNA is available on Netflix! One can access the vast library of titles within Netflix under various subscription costs depending on the plan you choose: $9.99 per month for the basic plan, $15.49 monthly for the standard plan, and $19.99 a month for the premium plan.

At the time of writing, DNA is not available to stream on Hulu through the traditional account which starts at $6.99.However, if you have the HBO Max extension on your Hulu account, you can watch additional movies and shoes on Hulu. This type of package costs $14.99 per month.

No, DNA is not streaming on Disney Plus. With Disney+, you can have a wide range of shows from Marvel, Star Wars, Disney+, Pixar, ESPN, and National Geographic to choose from in the streaming platform for the price of $7.99 monthly or $79.99 annually.

You won't find DNA on HBO Max. But if you're still interested in the service, it's $14.99 per month, which gives you full access to the entire vault, and is also ad-free, or $9.99 per month with ads. However, the annual versions for both are cheaper, with the ad-free plan at $150 and the ad-supported plan at $100.

Unfortunately, DNA is not available to stream for free on Amazon Prime Video. However, you can choose other shows and movies to watch from there as it has a wide variety of shows and movies that you can choose from for $14.99 a month.

DNA is not available to watch on Peacock at the time of writing. Peacock offers a subscription costing $4.99 a month or $49.99 per year for a premium account. As their namesake, the streaming platform is free with content out in the open, however, limited.

DNA is not on Paramount Plus. Paramount Plus has two subscription options: the basic version ad-supported Paramount+ Essential service costs $4.99 per month, and an ad-free premium plan for $9.99 per month.

No dice. DNA isn't streaming on the Apple TV+ library at this time. You can watch plenty of other top-rated shows and movies like Mythic Quest, Tedd Lasso, and Wolfwalkers for a monthly cost of $4.99 from the Apple TV Plus library.

No luck. DNA is not available to watch on Direct TV. If you're interested in other movies and shows, Direct TV still has plenty of other options that may intrigue you.

See the original post here:
Where to Watch and Stream DNA Free Online - EpicStream

Posted in DNA | Comments Off on Where to Watch and Stream DNA Free Online – EpicStream

Tears As American Families With Igbo DNA Receive Tribal Names At World Festival In US The Whistler Newspaper – The Whistler Nigeria

Posted: at 12:22 pm

There were emotions at the 9th Igbo World Festival of Arts and Culture in Staunton Virginia when Americans whose DNA match the Igbo tribe received tribal names to reflect their ancestral home.

The 2-day event which was organized by the Council of Igbo States in America held between July 29 to July 30, 2022 at the Igbo Village of Frontier Museum.

The event is an annual event initiated nine years ago to unite Igbos in diaspora and those in Nigeria.

But the 2022 edition was wrapped with an intrigue which included naming ceremonies for Americans of Igbo descent, the organizer said in a statement sent to THE WHISTLER.

CISA said, Many African Americans were in attendance for the emotional re-union of the cross Atlantic brotherhood. Their families whose DNA testing confirmed their Igbo ancestry received Igbo names based on the 8-day Igbo market week, re-connected with their Igbo brothers and sisters and were officially welcomed back to their Igbo ancestral homeland by elders and traditional titleholders.

It said in the statement that the reconnection of Americans of Igbo descent tells the story of Igbos that separated from their homeland through slavery and resettled in America.

According to the organisers, the Igbos who are now African American descendants have traced their roots back to Igbo lineage and are reconnecting with their living relatives in Nigeria and Diaspora.

The reconnection remains one of the most avowed emotional high points for many in attendance.

Emotional tears were seen in the faces of many that the 400 years old shackles have been broken. It reflects to a large extend the final step in a quest to discover and reconnect with relatives separated by time, space, and distance dating back to the era of slave trade, it added.

The festival also featured world class musical talents, exhibitions, costumed cultural performances, symposium, interactive art, traditional cuisines, fashion show, marriage traditions, masquerades, and carnival rides.

Also there were display of masquerades as well as legendary Igbo dances like the Ohafia/Abam war dance, and the youthful Atiliogwu acrobatic displays entertained the audience.

Dignitaries who witnessed the reunion were: Her Excellency Dr. Mrs. Uzoma Emenike, Ambassador of the Federal Republic of Nigeria to United States, represented by Mrs. Tarela Njokanma and Mr. Anthony Alonwu, Rev. Dr. Albert Sampson from Chicago, who was ordained by Rev. Dr Martin Luther King Jr., former Haitian ambassador to United Kingdom Ambassador. Jean Pillard, John Avoli, of the Government of Virginia, Chairman of World Igbo Congress, Professor Tony Ejiofor, HRH Eze Chibuzor Ngwakwe, Igbo Council of Traditional Title Holders (ICOTTHUSA) and delegates from Jamaican, Trinidad and Tobago, Haiti and Barbados communities.

Original post:
Tears As American Families With Igbo DNA Receive Tribal Names At World Festival In US The Whistler Newspaper - The Whistler Nigeria

Posted in DNA | Comments Off on Tears As American Families With Igbo DNA Receive Tribal Names At World Festival In US The Whistler Newspaper – The Whistler Nigeria

The Pitfalls of Evolutionary Genomics – SciTechDaily

Posted: at 12:22 pm

Recent research analyzesmathematical models created to deduce conclusions about how evolution works at the level of populations of organisms.

Claudius Ptolemy, an astronomer and mathematician from Alexandria in the second century, had a lofty goal. He wrote the Almagest, a magisterialtreatise that attempts to explain the motion of stars and the motions of planets. Ptolemy devised a sophisticated mathematical universe model that seemed to replicate the motions of the celestial bodies he had been seeing.

Jeffrey Jensen is a researcher in the Biodesign Center for Mechanisms of Evolution at Arizona State University and a professor in the School of Life Sciences with the Center for Evolution & Medicine. Credit: The Biodesign Institute at Arizona State University

Unfortunately, his cosmic plan had a catastrophic weakness at its heart. Ptolemy began his study with the presumption that the Earth was the center of the cosmos, in keeping with the preconceptions of his day. The Ptolemaic universe, which was made up of intricate epicycles to explain the motions of the planets and stars, has long ago been consigned to history books,its conclusions persisted as scientific dogma for more than 1200 years.

No less vulnerable to flawed theoretical methods are the models in the area of evolutionary biology. Evolutionary biology can result in impressive models that fall short of capturing the genuine workings of nature as it develops the bewildering variety of living species on Earth.

A recent study looks at mathematical models created to deduce conclusions about how evolution works at the level of populations of species. The research comes to the conclusion that these models must be built with great caution, avoiding unwarranted starting assumptions, considering the quality of existing knowledge, and staying open to alternative explanations.

Failure to adhere to strict procedures in the construction of null models can result in theories that appear to fit some aspects of the data obtained from DNA sequencing but fall short in accurately elucidating the underlying evolutionary processes, which are frequently extremely complex and multifaceted.

Such theoretical frameworks may offer compelling but ultimately flawed pictures of how evolution actually acts on populations over time, be these populations of bacteria, shoals of fish, or human societies and their various migrations during prehistory.

In the new study, Jeffrey Jensen, a researcher in the Biodesign Center for Mechanisms of Evolution at Arizona State University and professor in the School of Life Sciences with the Center for Evolution & Medicine, leads a group of international luminaries in the field in providing guidance for future research. Together, they describe a range of criteria that can be used to better ensure the accuracy of models that produce statistical inferences in population genomicsa scientific discipline concerned with large-scale comparisons of DNA sequences within and across populations and species.

One of our key messages is the importance of considering the contributions of evolutionary processes certain to be in constant operation (such as purifying selection and genetic drift), before simply relying on hypothesized or rare evolutionary processes as the primary drivers of observed population variation (such as positive selection), Jensen emphasized.

The study was recently published in the journal PLoS Biology.

Population genomics arose as early efforts in the field attempted to reconcile Charles Darwins notion of evolution by means of natural selection with the first inklings of the mechanisms of inheritance, uncovered by the Augustinian monk, Gregor Mendel.

Susanne Pfeifer is a researcher in the Biodesign Center for Mechanisms of Evolution and an assistant professor at the Center for Evolution & Medicine. Credit: The Biodesign Institute at Arizona State University

The synthesis culminated in the 1920s and early 30s, largely thanks to the mathematical work of Fisher, Haldane, and Wright, who were the first to explore how natural selection together with other evolutionary forces would modify the genetic composition of Mendelian populations over time.

Today, studies in population genomics involve the large-scale application of various genomic technologies to explore the genetic composition of biological populations, and how various factors, including natural selection and genetic drift, produce changes in genetic composition over time.

To accomplish this, population geneticists develop mathematical models quantifying the contributions of these evolutionary processes in shaping gene frequencies, use this theory to design statistical inference approaches for estimating the forces producing observed patterns of genetic variation in actual populations, and test their conclusions against accumulated data.

The study of genomic variation focuses on DNA sequence differences among individuals and populations. Some of these variants are critically important for biological function, including mutations responsible for genetic disease, while others have no detectable biological effects.

Such variation in the human genome can take several forms. One common source of variation is known as single nucleotide polymorphisms, or SNPs, where a single DNA letter in the genome is altered. But larger-scale variation in the genome, involving the simultaneous alteration of hundreds or even thousands of base pairs is also possible. Again, some such alterations may play a role in disease risk and survival while many others have no effect.

Natural selection may occur when different variants segregating in a population have a fitness differential relative to one another. By designing and studying mathematical models governing the corresponding gene frequency change and applying those models to empirical data, population geneticists seek to understand the contributing evolutionary processes in a rigorous, quantitative way. Thus, population genetics is often regarded as the theoretical cornerstone of modern Darwinian evolution.

Although the importance of natural selection to the evolutionary process is undeniable, the role of positive selection in increasing the frequency of beneficial variants the potential driver of adaptation is certain to be comparatively rare relative even to other forms of natural selection. For example, purifying selection the removal of deleterious variants from the population is a constantly acting and far more pervasive form of selection.

In addition, there are multiple non-selective evolutionary processes of great importance. For example, genetic drift describes the many stochastic fluctuations inherent to evolution. In large populations, natural selection may act more efficiently in purging deleterious variation and potentially fixing beneficial variation, whereas as populations become smaller genetic drift will be increasingly dominant.

The distinction can be seen in dramatic form when comparing prokaryotic organisms like bacteria with organisms composed of eukaryotic cells, including humans. In the former case, the vast population sizes tend to result in more efficient selection. In contrast, a weaker selection pressure operating in eukaryotes is more permissive to genomic changes, provided that they are not strongly deleterious.

According to the Neutral Theory of Molecular Evolution a new guiding principle of evolutionary theory proposed by the population geneticist Motoo Kimura over 50 years ago most evolutionary changes at the molecular level in real populations are governed not by natural selection, but by genetic drift. The study emphasizes that this critical point is too often missed by evolutionary biologists. As co-author Michael Lynch, director of ASUs Biodesign Center for Mechanisms in Evolution cogently observes, natural selection is just one of several evolutionary mechanisms, and the failure to realize this is probably the most significant impediment to a fruitful integration of evolutionary theory with molecular, cellular, and developmental biology.

The new consensus study further stresses that a failure to consider these alternative evolutionary mechanisms which are certain to be operating, including genetic drift, and incorporate these into models of population genomics, is likely to lead researchers astray. The common overreliance on purely adaptive models to explain genomic variation has led to a raft of interpretations of dubious value, the authors assert.

The study presents a detailed flow chart that can help guide the development of more accurate models used to draw evolutionary inferences, based on genomic data. Biological parameters that vary among species include not only evolutionary variables like population size, mutation rates, recombination rates, and population structure and history but the way the genome itself is structured and life history traits, including mating behavior. All of these factors play a vital role in dictating observed molecular variation and evolution.

While these many considerations may sound daunting for some researchers, it is important to note that many excellent research groups at ASU and around the world are actively improving our understanding of these underlying evolutionary parameters, providing constantly improving inference, for example, of mutation and recombination rates, added co-author Susanne Pfeifer, an Assistant Professor in the Center for Evolution & Medicine and the Biodesign Center for Mechanisms of Evolution.

Where once, theoretical models in population genomics proliferated alongside relatively scant genomic data, today an avalanche of data, enabled by rapid, low-cost DNA sequencing of organisms across the tree of life, has dramatically changed the field. The careful and judicious use of this gold mine of genomic data will help advance the most rigorous models to unlock evolutions many remaining mysteries.

Reference: Recommendations for improving statistical inference in population genomics by Parul Johri, Charles F. Aquadro, Mark Beaumont, Brian Charlesworth, Laurent Excoffier, Adam Eyre-Walker, Peter D. Keightley, Michael Lynch, Gil McVean, Bret A. Payseur, Susanne P. Pfeifer, Wolfgang Stephan and Jeffrey D. Jensen, 31 May 2022, PLoS Biology.DOI: 10.1371/journal.pbio.3001669

See the article here:
The Pitfalls of Evolutionary Genomics - SciTechDaily

Posted in DNA | Comments Off on The Pitfalls of Evolutionary Genomics – SciTechDaily

For 38 Years of American History, There Has Been No Vice President – History News Network

Posted: at 12:21 pm

Cary Heinz served for thirty-four years as a public school educator until June of 2021, and now writes about history, politics and sports.

The Nixons celebrate with the Fords after Rep. Gerald Ford's appointment to replace Spiro Agnew as Vice President, 1973

Throughout much of our nations history, vice-presidents have been neither seen or heard. In fact, very often there hasnt even been a vice president at all. On December 19, 1974, Nelson Rockefeller was sworn in as the forty-first vice president of the United States. Since that moment, we have had a vice-president. What is surprising, is that for over thirty-eight years of our countrys existence, we did not have a vice president, which represents about twenty percent of our countrys history. Before, the passage of the Twenty-Fifth Amendment in 1967, there was not a constitutional mechanism for a replacement. In the 19th century, the office was vacant an astonishing twenty-six percent of the time.

Eight presidents have died in office, four by assassins bullets. Each time this happened, the vice president ascended to the White House, leaving the vice-presidency unoccupied. What is often overlooked is that seven vice presidents have also passed, leaving the office without a replacement for the remainder of that term. Curiously, these seven died within a period of just over one hundred years. George Clinton died April 20, 1812, and on October 30, 1912 James Sherman died, just six days before the election. Six times in history, we have had no VP for three and a half years, almost seventy five percent of the presidential term.

The Constitution of the United States, warts and all, is a remarkable and enduring document. It has withstood the test of time, and is malleable enough to accommodate airplanes and automobiles, cameras and computers, and telegraphs, text messages, and trains. The vice-presidency almost seemed like an afterthought when the Founding Fathers met in Philadelphia in the tepid summer of 1787. The first time that it was discussed was after September 4, in the last two weeks of the convention. The deliberations were centered more around the mechanics of presidential elections than succession. Several prominent members of the delegation, ironically including future vice-president Elbridge Gerry, said they were against having any vice-president. Initially, the runner-up became the vice-president. The system worked out fine, until the development of political parties, which did not exist in 1787.

A number of adjustments would follow, the first being the Twelfth Amendment. This cleaned up a controversy after the 1800 election when Aaron Burr, who was intended to be Thomas Jeffersons vice president, entertained accepting the presidency himself if offered.

Three times has the next person in line after the vice presidency changed. The Presidential Succession Act of 1792 placed the President Pro Tempore of the Senate behind the VP if necessary. Surely you remember that office from your high school civics final exam (its currently held by Senator Patrick Leahy of Vermont). One would be a rather serious scholar of American History to know the names of Willie Person Mangum, Lafayette Sabine Foster, John Hay, and/or John McCormack, all of whom were a heartbeat from the presidency.

John Tyler became the first accidental president in April of 1841 when William Henry Harrison became the first president to die in office. There was some controversy if Tyler truly became president, or was acting, but Tyler insisted he was the chief executive and defiantly returned any letter unopened if it addressed him as anything other than "President of the United States." Tyler set a precedent that the others would follow. On February 28, 1844, a constitutional challenge nearly occurred. Tyler was aboard the USS Princeton (but fortunately below deck, courting the woman, thirty-three years his junior) when a naval gun exploded on deck, killing six. Had Tyler perished, Senator Mangum would have become the eleventh president of the United States.

Andrew Johnson became president in 1865 after the assassination of Abraham Lincoln. If Booth co-conspirator George Atzerodt hadnt drank away his courage at the hotel bar where he and Johnson stayed and carried out his assignment to murder Johnson, Lafayette Sabine Foster would have been our eighteenth president. Johnson, the first president to be impeached, was able to keep his job by just one vote in his 1868 senate trial. Had one vote switched, Benjamin Wade would have become acting president.

Eighteen years later, Congress rewrote the earlier law and passed the Presidential Succession Act of 1886. This made the Secretary of State third in line, because when President James Garfield died in 1881, and Vice President Thomas Hendricks died in 1885, there was neither a president pro tempore or speaker of the house. One problem is that Congress was rarely actually in session back then. In 1885, it was technically there just seventy-six days. President Chester Arthur, Garfields successor (1881-1885) was diagnosed with Brights disease early in his presidency, which would take his life just twenty months after he left office. These men were not immortal, particularly with 19th century medicine.

Theodore Roosevelt became the youngest chief executive in September of 1901 when William McKinley succumbed to a gunshot wound inflicted eight days earlier. A bit less than a year later, Roosevelt was involved in a carriage/trolley collision in Pittsfield, Massachusetts. In that mishap, William Big Bill Craig became the first Secret Service member killed in the line of duty. The hyperactive president ignored his injuries, and a few weeks later his leg became infected while campaigning in Indiana, requiring surgery. Newspapers called the medical intervention a brush with death. Had TR died of the pre-penicillin infection, Secretary of State John Hay would have become the twenty-seventh president. Hay was not only better known than Mangum, Foster, and Wade, but also more qualified, serving as one of Lincolns private secretaries as well as other positions before the State Department.

The Presidential Succession Act of 1947 altered succession again, making the Speaker of the House next in line, as it remains to this day (and continues to under the terms of the Twenty-Fifth Amendment). President Harry S. Truman, who succeeded Franklin Roosevelt following his death, thought someone elected, not appointed, should be next in the list of succession if necessary.

When John F. Kennedy was assassinated on November 22, 1963, Vice President Lyndon Johnsons car followed behind. Kennedys body was rushed to Dallass Parkland Hospital, and when Johnson arrived, the heart attack survivor (1955) was seen with his hand on his heart (any chest pains may have been from the force of Secret Service agent Ralph Youngbloods pushing LBJ to the floor of his car after hearing shots). Had Johnson had another heart attack and died (he wouldnt survive another in January of 1973, at just sixty-four), seventy-one-year-old Speaker John Mc Cormack would have become the thirty-sixth or thirty-seventh president, depending on whether Johnson succumbed before or after being sworn in himself.

If anything, the Twenty-Fifth Amendment was long overdue. History makes one wonder what took so long, considering the frequency with which the country lacked a second in command. The slow death of James Garfield in 1881 over eighty days (from being shot and incompetent doctoring), Woodrow Wilsons incapacitation for the last eighteen months of his presidency (stroke), Dwight Eisenhowers multiple issues (heart attack, intestinal surgery, minor stroke), complicated the matter, compounded by the fact that fifteen presidents and vice presidents had died between 1812 and 1963. For a combined thirty-eight years, we did not have a vice president.

Fortunately, that amendment came in handy just six years later when Vice President Spiro Agnew resigned. President Nixon was able to nominate a successor, Congressman Gerald Ford of Michigan, with congressional approval. Eight months later when Nixon resigned, Ford became the thirty-eighth president of the United States, and the only person to hold that office without being elected by the American people. He then appointed former New York Governor Nelson Rockefeller as his VP.

Jimmy Carter and his Vice President Walter Mondale changed the nature of the office, giving Mondale far more responsibility and inclusion into decision making. Richard Cheney was undeniably one of the most influential vice presidents. Mike Pence has certainly been in the news after the Trump presidency, for better or worse, and isnt hiding his own ambitions to occupy the Oval Office. Kamala Harris, finally, became both the first woman and person of color to serve as vice president.

One of the vice presidential duties the Constitution does stipulate is breaking a tie vote in the Senate (Article I, Section 3, Clause 4). This has happened 291 times in history through May 12, 2022. With the current 50-50 split in the Senate, Vice President Kamala Harris has been performing this duty frequently, twenty-three times already. When Georgias Democratic candidates, Jon Ossoff and Raphael Warnock, won their runoff elections, the Senate was tied for the fourth time in history, something that previously occurred in 2000, 1954, and 1881.

Excerpt from:
For 38 Years of American History, There Has Been No Vice President - History News Network

Posted in Fifth Amendment | Comments Off on For 38 Years of American History, There Has Been No Vice President – History News Network

Emmett Till is gone. The quest for justice lives on. – New York Daily News

Posted: at 12:21 pm

Imagine being a mother forced to identify your 14-year-old child using the ring he wore because his body was mutilated beyond recognition. Imagine that his murderers beat him bloody, gouged out his eye, shot him in the head, and tied a 75-pound cotton gin fan to his neck before throwing him in Tallahatchie River.

I cant imagine that, nor what it was like to be Black in Money, Miss., in 1955. Im white. Had I been alive then, working the counter of a country store as Carolyn Bryant, a white woman, then 21, had done, any accusation I might have made, however false or exaggerated, could have easily sent depraved assailants into a murderous rage upon a child.

Emmett Till, a Chicago native, had been visiting relatives in the Mississippi Delta when a trip to the store to buy two cents worth of bubble gum led to Bryants accusations that he made ugly remarks and whistled after her when he left. Days after the encounter, her husband, Roy Bryant, and his half-brother J.W. Milam drove a pickup truck to the house where Emmett was staying 50 feet off a gravel road. They parked under cedar and persimmon trees and proceeded to pound on the door, flashlight and .45 Colt gun in hand. It was 2 a.m. Emmetts great-uncle Moses (Preacher) Wright, then 64, tried to persuade them against abducting the child, but the assailants were on a mission.

The lynching that followed was not the first blood-soaked racist stain upon our country. But Emmetts story helped ignite a burgeoning civil rights movement when his mother insisted on an open-casket funeral.

Let the world see what has happened. Mamie Till-Mobleys words rang powerful. Fifty thousand mourners attended the boys funeral, and Jet magazine published a photo of Emmetts pulverized remains.

She rose to the occasion like no other person could have done at that time, reflects Deborah Watts, Emmetts cousin and co-founder of the Emmett Till Legacy Foundation. [She] tried to turn her pain into power to change the trajectory of racism in America.

FILE - Mamie Till Mobley weeps at her son's funeral on Sept. 6, 1955, in Chicago. The mother of Emmett Till insisted that her son's body be displayed in an open casket forcing the nation to see the brutality directed at Blacks in the South at the time. (Chicago Sun-Times/Chicago Sun-Times via AP)

Watts used to spend time with Mamie Till-Mobley, cutting one of her wonderful cakes or eating her sweet potato pie. Theyd talk about things, because there were witnesses to the kidnapping that would come to the family home, and Emmetts mother often tried to clarify what really happened to her son.

There had been a poor excuse of a trial. In September 1955, Roy Bryant and J.W. Milam were acquitted by a white male jury who deliberated a mere 67 minutes. The defense attorney had counseled the jury that their white ancestors would turn over in their graves, if they found the men guilty. Im sure every last Anglo-Saxon one of you has the courage to free these men.

How brazen and confident in ones sense of supreme whiteness! A few months later, Look magazine, published an interview with the killers, in which they disclosed the horrific details around their abduction and murder of Emmett.

The Fifth Amendment double jeopardy clause was the only thing that stood between them and another trial for his death, explains Paula Johnson, professor of law, and co-director of the Cold Case Justice Initiative at Syracuse University. That means that no one has been held legally responsible for the death of Emmett Till which was such a notorious, and open and unabashed crime in this nations history that to the extent that people who were involved and never had to answer for it are still alive, then there really is no reason why they should not be held to answer, she states.

There is no statute of limitations on murder. Now, accountability is within reach, and must be fiercely pursued with no less vigor and commitment than has been directed toward fugitive Nazis, however old and feeble, or unobtrusive they might present.

On June 21, Deborah and her daughter, Teri Watts, foundation members, and a documentarian unearthed a 1955 warrant charging kidnapping, and commanding the taking (arrest) of J.W. Milam, Roy Bryant and Mrs. Roy (Carolyn) Bryant.

What this warrant indicates for us is that those two most certainly did not act alone, Johnson tells us. The fact that her name is on the warrant means that there was probable cause to believe that Carolyn Bryant had some role in the death of Emmett Till.

Bryant and Milam died years back of cancer. But Carolyn Bryant Donham, now 88, is alive, and was seen publicly last week for the first time in 20 years, in Kentucky.

Why wasnt she arrested?

The warrant reads that police couldnt find her in the county. Furthermore, a sheriff said he did not bother to serve the warrant because Carolyn Bryant had two young children at home.

A 14-year-old Black youths life had been taken because of some alleged insult to a white woman and she isnt held accountable for that because she has children? Johnson calls out the racist absurdity. Well Mamie Till-Mobley had a child as well, and we see what happened to him. Deborah Watts take: Someone who was an accomplice in a kidnapping or a murderwould that be acceptable to you? It shouldnt have been acceptable in 55, and it is definitely not acceptable in 2022.

The family has fiercely and relentlessly persevered over the decades. Mamie Till-Mobley spent a lifetime channeling hope and passion into purpose, until her death in 2003.

Attempts to bring justice have been pursued in the past, with disappointing outcomes. In 2004, the Justice Department reopened an investigation. But in 2007, a grand jury in Leflore County, Miss., refused to issue a new indictment against Carolyn Bryant Donham, 73 at the time.

In 2017, the DOJ reopened the investigation again, but closed it. There have been discrepancies about what she said or didnt say. Historian and Duke scholar Timothy Tyson quoted her as admitting that her earlier accusations of lewd behavior were not true. Later, Carolyn Bryant Donham recanted that.

We need to know the truth. If she was an accessory, we need to know what role she played. Did her account, or any assistance she may have provided, lead to a conspiratorial demand, as Johnson puts it? Is Carolyn Bryant Donham culpable in the kidnapping and murder of Emmett Till?

It would be unpopular among many to roust an old woman whos reportedly legally blind and receiving hospice care at home. The passage of time will create other challenges, plus there are jurisdiction hurdles. The DA office in Mississippi would need to request cooperation from his counterparts to serve the warrant for extradition purposes, Johnson explains. Meanwhile, on July 17, in a flagrant dereliction of duty, Mississippi Attorney General Lynn Fitch declared no intention to prosecute Carolyn Bryant Donham. This, despite the recent find of her unpublished memoir, in which she wrote that men had dragged Emmett to her kitchen in the night for identification.

Weekdays

Catch up on the days top five stories every weekday afternoon.

Those charged with the duty to execute the warrant must be held to full account as well. Failure to step up, as dictated by law and the tenets of a civil and humane society, renders them entirely complicit as so often has been the case at the state and federal levels of law enforcement institutions, with regard to justice around racially motivated murders of Black people.

Not unlike prosecuting elderly Nazis for crimes committed decades ago, its critical to bring cases to trial when heinous and hateful crimes have been executed, most especially barbaric acts spawned from racism, fueled by perverse codes of honor that had a way of compelling certain white menfolk toward depravity.

While sometimes difficult to overcome prosecutors decisions, Johnson explains that abuse of discretion claims can be brought. The DOJ will have to look at this for federal jurisdiction, based on possible civil rights violations committed by Donham as part of a conspiracy to deprive Emmett of his civil rights. Doable, given that the arrest warrant provides a basis to subpoena Donham and obtain further information based on the existence of probable cause.

We saw such involvement at the federal level on Aug. 4, when U.S. Attorney General Merrick Garland announced federal charges against four police officers for violation of civil rights related to the killing of Breonna Taylor; in this case, based on falsifying information used to obtain the search warrant that led to her tragic death.

Carolyn Bryant Donhams role must be fully investigated. She must be held to full account for any culpability around the kidnapping and murder of Emmett Louis Till. If she has nothing to hide, let her step out of the shadows to set the record straight.

We are traumatized people trying to seek out justice, Deborah Watts wants us to know. Now we just need the law enforcement and the authorities, the DA in Mississippi, to be willing and to have the courage to move this forward and hold her accountable for her roleIts painful that its taken this long. Were not asking for something that shouldnt be done. And no, were not forgetting. And no, were not moving on.

Hetherman is a freelance journalist.

See more here:
Emmett Till is gone. The quest for justice lives on. - New York Daily News

Posted in Fifth Amendment | Comments Off on Emmett Till is gone. The quest for justice lives on. – New York Daily News