ACLU Honors Regina Kelly, Plaintiff In Landmark Civil Rights Case, With Baldwin Medal Of Liberty Award (10/24/2009)
(Updated 10/29/2009)
Award-Winning Actress Alfre Woodard, Civil Rights Groups and ACLU Members And
Staff Join to Recognize Kelly's Outstanding Contributions at Special Ceremony in
New York City
FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; media@aclu.org
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| Actress Alfre Woodard (right) presented Regina Kelly with the Roger N. Baldwin Medal of Liberty Award. |
NEW YORK – In a special ceremony on Saturday evening, the American Civil
Liberties Union presented the Roger N. Baldwin Medal of Liberty award to Regina
Kelly, an African-American single mother of four who, based on an unreliable
informant's false information, was arrested in a military-style drug raid for
felony cocaine distribution. Refusing to plead guilty, Kelly fought the charges,
resulting in a significant change in Texas law whereby cases can no longer be
prosecuted based solely on the claims of a single confidential informant.
The award is the one of the highest honors in the country for people
dedicated to defending the Constitution and the Bill of Rights.
"Regina Kelly is a real life hero, an ordinary American who took
extraordinary risks to fight for the values that make this country great," said
Susan Herman, President of the ACLU. "Through her courage, she transformed a
personal injustice into an opportunity for community empowerment and
critically-needed reform within the Texas criminal justice system. She continues
to inspire others to stand up for our fundamental rights long after her legal
case is over."
Excessive paramilitary drug "sweeps" by an out-of-control narcotics task
force led to the arrest of almost 15 percent of the young African-American men
in the small town of Hearne, Texas in 2000. The busts were based solely on the
uncorroborated word of a single, drug-addicted, mentally ill confidential
informant coerced by police. Kelly was swept up in the raids and, like other
innocent people arrested, faced trumped-up drug charges designed to illicit
guilty pleas. Many innocent individuals pled guilty to lesser charges rather
than face decades behind bars and risk trial before mostly white Texas juries.
Kelly, however, refused to plead guilty despite pressure from her
court-appointed attorney at the time and others in the community.
The ACLU represented Kelly and others in a successful civil rights lawsuit,
Kelly v. Paschall, against the Robertson County, Texas District Attorney and the
local narcotics task force after evidence of police and prosecutor corruption
and racist intent surfaced. Eventually, the charges against her were
dropped.
"I thought about my daughters and what kind of example I would be setting for
them if I just rolled over and pled guilty to something I didn't do," recalled
Kelly. "These kinds of raids had been happening for a long time in my town, and
someone had to stand up for the hope that our children would grow up in a better
place."
Kelly testified before the Texas legislature, urging passage of legislation
to create greater safeguards against unreliable informant testimony and the
unregulated practices of federally-funded regional narcotics task forces such as
the one that led the drug "sweeps" in her case.
Her story is the subject of a recent film, "American Violet," released
earlier this year in theaters nationwide by Samuel Goldwyn Films and Uncommon
Productions. The film debuted at the Telluride Film Festival and South by
Southwest and features Academy Award nominees Alfre Woodard and Michael O'Keefe
and actress Nicole Beharie, who portrayed Kelly in the movie.
"It has been an honor to help tell Regina's story," said Woodard, who played
Kelly's mother in the film and joined the ACLU in presenting the award. "She is
an incredible and awe-inspiring woman whose commitment to justice shined through
in even the darkest of moments. The odds against her and her family ever getting
real justice seemed overwhelming and she could have ended the ordeal by settling
for less, but she stood strong. Her dignified insistence that she be treated
with the respect due to every human being shed light on everyday abuses that
millions of Americans are exposed to simply because they are poor."
"Regina's case illustrates how our nation's drug enforcement policies
threaten core civil liberties and constitutional rights, effectively creating a
'drug exception' to the Bill of Rights," added Graham Boyd, Director of the ACLU
Drug Law Reform Project who represented Kelly. "Not only have our drug laws been
disproportionately and unfairly enforced against people of color, the 'war on
drugs' has given rise to an unprecedented incarceration boom and a host of
perverse incentives to police. Ms. Kelly has played a critical role in educating
the public about these unacceptable governmental abuses of power."
The ACLU established the Roger N. Baldwin Medal of Liberty award, named in
honor of the ACLU's principal founder, in 1989. The award is presented by the
ACLU biannually to recognize an exceptional contribution to civil liberties in
the United States.
Previous recipients of the Roger N. Baldwin Medal of Liberty awards include
Gordon Hirabayashi and the late Fred Korematsu, who fought against the
internment of Japanese Americans during World War II; journalist Anthony Lewis;
Dolores Huerta, a champion of the rights of women, workers and immigrants; the
five Judge Advocate General lawyers who represented the first round of
defendants at Guantánamo Bay and challenged the flawed military commission
process; and a group of Connecticut librarians and the president of a New York
Internet service provider who stood up against the Patriot Act's National
Security Letters and refused to violate the privacy of their patrons and
clients.
Kelly was joined by her four daughters and her mother at Saturday evening's
ceremony.
For more information about Regina Kelly, go to: www.aclu.org/about/41301res20070623.html
For more information about "American Violet," go to: www.americanviolet.com
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