#FreeBrittanyMartin
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Following the 2020 murders of George Floyd, Ahmaud Arbery, and Breonna Taylor, citizens took to the streets to stand against police violence in America in what became known as the “Summer of Protest” nationwide.
In towns like Sumter, South Carolina - a majority Black city of 44,000 residents - the response followed suit. In one rally, nine protestors were arrested, including a mother and local activist Brittany Martin, who led the protest.
In June of 2020, Martin was charged with breach of peace, instigating, aiding, or participating in a riot, and five counts of threatening the life of a public official – even though there were no reports of violence, property damage, or injury.
On May 5, 2022, two years after the event, the Prosecutor went to a Grand Jury and had the Breach of Peace elevated to Breach of the Peace High and Aggravated. High and aggravated means that something awful happened like violence, death, or a weapon was used. Ms. Martin's trial began on May 13th and she was notified of the elevated charges right before the trial began.
However, she was acquitted of instigating a riot, and the jury was hung on the five charges of threatening the life of a public official. So it only makes sense that the Breach of the Peace High and Aggravated couldn't stand; there was no violence, no riot, no weapons, nothing but her loud talking and protesting.
The problem is further compounded by the fact that, "breach of the peace of a high and aggravated nature" is not defined by statute in South Carolina, so there are no statutory guidelines for the judge when sentencing a person convicted of this type of charge and although the Jury convicted her of this charge there was no trial evidence of a high and aggravated crime.
The reason prosecutors present the charges as being "high and aggravated," is because once they are allowed to elevate the charge from Magistrate Court to Circuit Court, there are NO SENTENCING GUIDELINES for the JUDGE to Follow.
In order to see how this type of action impacts Blacks more than anyone, especially Black women and why we should all fight to #FreeBrittanyMartin See this article:
A normal breach of the peace conviction is only punishable by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding 30 days, or both. See S.C. Code Ann 22-3-560.
In these Beach of the Peace High and Aggravated cases, the only guidance the law gives judges is that:
"the court shall award such sentence as is conformable to the common usage and practice in this State, according to the nature of the offense, and not repugnant to the Constitution."
This means that although Ms. Martin had no weapons, caused no damage, committed no violence, and only used her first amendment right to speak her mind, she was convicted and sentenced to four years in jail!
Unlike the 2020 protests in Columbia and Charleston, where police responded with tear gas and rubber bullets as some protesters threw rocks, fired guns, burned police cars, and looted businesses, the Sumter, SC protest where Ms. Martin participated was peaceful.
Yet, the sentence handed down to Martin by Judge Griffin is far harsher than many of those charged and convicted in federal court with crimes that include arson, assault, and inciting a riot stemming from the January 6th Capitol attack!
It is clear that Martin was overcharged and over sentenced for a crime that more often results in a $500 fine or 30 days in jail, said Attorney Sybil Rosado, who represents Martin. This punishment would be horrendous for any person having their rights denied, but this is especially true for Brittany, who is being detained while pregnant.
Ms. Martin is in jail because she exercised her FIRST AMENDMENT RIGHTS to SPEAK, ASSEMBLE, and PETITION! Please help us #FreeBrittanyMartin
Ask yourself, if she was acquitted of inciting a riot, then how could she be convicted of committing breach of the peace of a high and aggravated nature?
This sentence does not conform to the common usage and practice in this State, this sentence is not in line with the nature of the offense, and this sentence is absolutely repugnant to the Constitution!
It is unjust, and it has ruined her life and the lives of her four children, who have been deprived of her care since May of 2022, and it is threatening the life of her unborn child! Her family is suffering emotionally and financially because of this ABSOLUTE INJUSTICE.
Now, as she sits in prison, the South Carolina Department of Corrections violates her rights daily. They have kept her in Solitary Confinement for months which is cruel and unusual punishment. They also keep charging her with failure to obey an officer because she refuses to cut her beautiful Locks, which are a part of her religious and cultural beliefs, and she reports that she has been assaulted by the guards!
Her baby's life is at risk; her life is at risk all because she EXERCISED HER CONSTITUTIONAL RIGHTS! Ms. Martin is a modern-day "Woman King" who is in jail because she is tired of seeing her people oppressed and she dared to speak up in a loud voice, because she refused to be nice and sit at the back of the bus, because she was the very definition of an ACTIVIST!
We owe her, her unborn child, her four children, and countless others unjustly harmed by the police and unfairly sentenced by a biased justice system — better.
We are calling for the release of Brittany Martin now. #FreeBrittanyMartin! Please help us support her family and help us continue to Defend her CONSTITUTIONAL RIGHTS!
Brittany Martin is a POLITICAL PRISONER in SOUTH CAROLINA, and we must remember that:
-"INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE" Dr. Martin Luther King Jr.
-"Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph."----Hail Selassie
"The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people."-----Dr. Martin Luther King Jr.
Don't be SILENT
SUPPORT US AS WE ATTEMPT TO
#FreeBrittanyMartin
See the stories written about this issue:
https://www.npr.org/2022/09/06/1121322520/a-black-protester-voiced-anger-at-police-in-south-carolina-she-got-4-years-in-pr
https://www.blackenterprise.com/brittany-martin-pregnant-black-woman-serving-four-years-for-protest-comments-will-have-her-sentence-reconsidered/
See one of the "RIOTS" and judge for yourself:
Sign the Change.org petition, but please donate here as this site will directly benefit Brittany Martin.
Organizer
Lemuel Kennedy
Organizer
Columbia, SC