Ex-49er Dana Stubblefield freed from prison after rape conviction overturned
The Sixth Court of Appeals overturned the conviction of the Stubblefield, who is Black, after determining that prosecutors had made racially discriminatory statements during his trial. However, Stubblefield remained in prison because a lower court judge said he didn't have the jurisdiction to grant bail or release.
After the state attorney general's office and the appeals court weighed in, Santa Clara Superior Court Judge Hector Ramon granted Stubblefield's release Friday from the state prison where he has served close to four years of a 15-year sentence.
'Finally, an innocent man is no longer sitting in a cage away from his family,' said Stubblefield's defense attorney Kenneth Rosenfeld in a statement.
Stubblefield was sentenced to 15 years to life in prison in October 2020 after being convicted of raping a woman in 2015 who prosecutors said he lured to his home with the promise of a babysitting job. Defense attorneys argued that no rape occurred, and Stubblefield said the woman consented to sex in exchange for money.
Deputy District Attorney Tim McInerny objected to Stubblefield's release at Friday's hearing and said his office plans to re-file charges, The Mercury News reported.
'A jury unanimously found Mr. Stubblefield guilty of raping a woman at gunpoint, he was given an appropriate sentence, and we felt that justice had been served," Assistant District Attorney Terry Harman said in a statement. "That justice has been interrupted and although we are disappointed that the judge released Mr. Stubblefield from custody while we await a decision from the California Supreme Court, we remain focused on the sexual assault that occurred, the victim, and the need for accountability and community safety.'
The Sixth Court of Appeals found that prosecutors violated the California Racial Justice Act of 2020, a law passed during a summer of protest over the police killing of George Floyd. The measure bars prosecutors from seeking a criminal conviction or imposing a sentence on the basis of race.
The appeals court said prosecutors used 'racially discriminatory language' that required them to overturn Stubblefield's conviction.
'The entire trial was infected with error and bias from the start," Rosenfeld said. 'This was a consensual, transactional encounter, and (Stubblefield) lost years of his life due to a flagrantly biased trial that blocked critical evidence and allowed prejudice and racial bias into the courtroom.'
Rosenfeld said prosecutors used 'prejudicial racial tropes' and called Stubblefield a 'large Black man' in front of the jury during his trial.
The terms of his supervised release include wearing an ankle monitor, not possessing firearms, and being barred from contacting the reported rape victim.
Stubblefield began his 11-year lineman career in the NFL with the 49ers in 1993 as the league's defensive rookie of the year. He later won the NFL Defensive Player of the Year honors in 1997 before leaving the team to play for Washington. He returned to the Bay Area to finish his career, playing with the 49ers in 2000-01 and the Raiders in 2003.
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The Sun
5 hours ago
- The Sun
My husband killed my kids as revenge for leaving him, but they could have be saved – now I want my babies exhumed
AS ELLIE McCulloch bickered with her ex husband Ron Jonker over who would get custody of the kids, she couldn't believe how unreasonable he was being. Happy for him to see the kids whenever he liked, Ellie wanted her children to have their father in their lives. 8 8 8 But Jonker wanted to hurt her and Ellie underestimated just how far he was willing to go. After losing their custody battle in court bitter Jonker drove his three children miles away from their mum and killed them and himself by filling the car with exhaust fumes. 'He warned if I won in court, he'd make sure I'd lose in the end,' heartbroken Ellie says. 'I begged authorities to take my children away from him. 'I'm devastated that 27 years after my beautiful children were murdered, we still haven't learned that when it comes to children's lives, it's better to be safe than sorry.' Ellie, who lives in Western Australia, was just 15 when she met Jonker, then 21, at her dad David's fishing club. 'We became friends but we didn't start seeing each other until five years later,' says Ellie, now 55. 'By then I was a single mum with a seven-month-old boy named after my dad and Ron had a son with his former wife.' The couple went on to have another boy named Aaron together and got married soon after. When David was six and Aaron was almost four, the couple welcomed their daughter Ashlee. 'All I'd ever wanted in life was to be a mum and I worked hard at being a good one,' Ellie says. 'The kids were my pride and joy. 'David was tall for his age with beautiful blue eyes and blonde hair. He was my little man. He was close to my dad who he called 'Gampa' and he liked fishing and country music. 'Meanwhile Aaron was my quiet one and had a beautiful smile and blue eyes too. 'He and David were best mates and they doted on their blue-eyed baby sister.' Behind closed doors While Ellie thrived off being a parent and loved family life, her relationship with Jonker deteriorated. 'He was verbally abusive and pushed and shoved me,' Ellie says. 'But worse than that he was completely disinterested in the kids and even cruel.' 8 8 Ellie claims there were several occasions when she had seen Jonker physically harm her boys and by the end of September 1998 she ended the relationship moving herself and the kids in with her dad. 'Ron was angry but I tried keeping things civil,' Ellie says. 'I told him he could have the kids over whenever he liked and that he was welcome over for dinner any time. 'I thought we'd work it out.' On Friday, October 2nd, Ron took the kids for the weekend. After a few days he called to ask if he could have the children for a few more days. 'I agreed hoping it was an attempt from him at being a better dad,' Ellie says. 'But when I popped in to see the children, Ron flew into a rage, grabbing me round the throat.' Custody battle begins A few days later Jonker called Ellie to tell he was going to file for full custody of the kids. 'I was distraught,' she admits. 'I loved my kids so much that if I genuinely thought Ron was the better parent, I'd have let him raise them, after all I had been raised by my dad. 'Ron refused to give the kids back and would be violent and abusive when I saw him.' On Monday October 19 1998, three weeks after the couple split, they had the custody hearing. The judge awarded Ellie custody, allowing Jonker two weekends out of three and he was ordered to return the children on October 23rd. 'When I saw Ron outside the court it was like looking at evil and I had a horrific premonition,' Ellie recalls. Killer instincts 'I told my lawyer I was sure he was going to kill our kids and begged her to do something but she said there was nothing she could do as there was no sign he was going to hurt them.' But Ellie was so concerned that she called the police. An officer was sent round to Jonker's home but they reported he was no threat to himself or his children. 'I called the child welfare authorities and begged them to take the kids out of his care,' Ellie recalls. 'I gave them permission to put my kids in the system as long as they were away from him but nobody listened.' On 21st October, Jonker allowed the children to call Ellie and she spoke to Aaron and David briefly. 'They seemed fine and Ron indicated he was bringing them kids back so I was excited,' she says. At around 6.20pm Jonker called and spoke to Ellie's dad David and instructed him to go to the bottom of the drive. 'I assumed he was handing the kids to dad and didn't want to see me,' Ellie says. But David snr only returned with a letter from Jonker. It read: 'I did warn you that if you won in court, you would lose. Murder threats made 'Unless some divine miracle happens the next time you see my kids will be to make a positive ID at the Coroner's Office.' Ellie admits she was 'hysterical' but was able to call the police who arrived 15 minutes later. They consulted with a superior then instructed Ellie to ring Jonker to find out where he was and arrange a meeting. 'After repeated calls, I got through,' Ellie says. 'I told him he could have full custody as long as he didn't hurt the children. 'He agreed to meet me at 8.30pm at a place called Gingin but warned me to come alone.' It was just before 7pm and Gingin was 80 minutes away. 'The cops told me it was too dangerous for me to go and insisted on accompanying me,' Ellie says. 'At 8.20pm he rang and dad answered who stalled him by telling him I was on the way. 'He rang again 20 minutes later, he heard the boys in the background and they were crying 'Gampa help us'.' As the police approached, Jonker caught sight of them and drove off. They followed the car but had to abandon it when Jonker hit 170km. 'He called me afterwards and told me he'd warned me about the police,' Ellie says. 'He said he thought he'd lost them and said 'you've done your dash' then hung up. Where to seek grief support Need professional help with grief? Child Bereavement UK Cruse Bereavement Relate The Good Grief Trust You can also always speak to your GP if you're struggling. You're Not Alone Check out these books, podcasts and apps that all expertly navigate grief… Griefcast: Cariad Lloyd interviews comedians on this award-winning podcast. The Madness Of Grief by Rev Richard Coles (£9.99, W&N): The Strictly fave writes movingly on losing his husband David to alcoholism. Terrible, Thanks For Asking: Podcast host Nora McInerny encourages non-celebs to share how they're really feeling. Good Mourning by Sally Douglas and Imogen Carn (£14.99, Murdoch Books): A guide for people who've suffered sudden loss, like the authors who both lost their mums. Grief Works: Download this for daily meditations and expert tips. How To Grieve Like A Champ by Lianna Champ (£3.99, Red Door Press): A book for improving your relationship with death. 'I knew he meant it was all over now and sobbed, hoping the police would find him again.' But there was no trace of Jonker, 33, and the children until the car was spotted on a quiet bush track by an air force plane the following day. 'A woman officer broke the news to me that Ron and the kids were inside, all dead,' Ellie says. 'I can remember someone putting their arms around me and then being sedated.' Jonker had killed himself and the children with exhaust fumes. Ashlee, 17 months, was in his arms. 'A police friend of dad's advised me not to ID or view the children,' Ellie says. 'I didn't want to go to the funeral, it meant it was real. But of course, I did go. 'When I saw the little white coffins, I almost passed out.' The three children were buried together, with Ashlee dressed in her favourite pair of bunny ears. 'I'd lived for my kids and now I didn't want to live anymore,' Ellie says. 'The only reason I am still here is because otherwise Ron would win. 'I tried blocking everything out with drink and drugs - it broke my dad's heart.' But there was more pain to come for the family. Police blunders uncovered At an inquest in 2000 it was revealed the kids might have been saved if it wasn't for police blunders. They had the 8.30pm meeting time from 7pm but nobody got there until 9.30pm, because it was unclear who was leading the manhunt. The police helicopter was being serviced and the tactical squad was on another job. No roadblocks were set up and when the police did spot Jonkers, they lost him after just one car was in pursuit of him. Officers from another police station couldn't attend because they'd run out of petrol and all the fuel stations were closed. 'It was heartbreaking,' Ellie says. 'After the inquest, I asked for the police files but was told they'd disappeared in transit. 'For another eight years, I was a lost soul.' Then, in 2012, Ellie and her dad moved from Perth to Bunbury, a couple of hours south, for a fresh start, with the father and daughter living next door to one another. 'I met a decent man at last, Richard and dad loved him,' Ellie says. In September 2018, six months after Richard and Ellie were married, David passed away aged 82. 'It's only recently I've felt strong enough to face what happened," Ellie says. 'I can't stand by any longer while these family murder-suicides keep happening. 'So, I'm going to request the police files again, I want accountability. 'The same mistakes are still being made.' Ellie wants to see concerns like hers be taken more seriously. 'If one parent is concerned the other might harm their kids, they should be removed immediately,' she says. 'Give them to the grandparents, just get them out.' Final closure Ellie now wants her children's bodies exhumed to help her gain the final closure she needs. 'I want my babies exhumed and cremated, so they can be with me permanently,' she says. 'When I pass their ashes can be with mine. 'It'll cost about £15,000, which I just don't have. 'I'm considering a GoFundMe but people can be cruel though. 'I've been through so much in my life, I'm not sure I could handle any negative comments so I am still deciding what to do. 'Having their ashes would bring some peace to my life. 'And then at least I'd know that when I pass, I would be with my babies for eternity.' 8 8
The Herald Scotland
6 hours ago
- The Herald Scotland
Notice a theme to Trump's takeover of cities? These Black mayors do.
Lee and other Black mayors, along with civil rights activists and lawmakers across the country are increasingly concerned about Trump singling out cities like Oakland, Los Angeles, New York, Chicago, Baltimore and Washington, DC. All of them are led by Black mayors and all of those leaders are Democrats. "We just can't help but feel in some kind of way that we're being specifically profiled," said Van R. Johnson, president of the African American Mayors Association and mayor of Savannah, Georgia. "That's not right. That's not fair. We want our federal government to work with us. We're just a phone call away." New York Rep. Yvette Clarke, chairwoman of the Congressional Black Caucus, called Trump's takeover of DC's policing a "blatantly racist and despicable power grab." "It won't stop in Washington, DC," she said in a statement. "The stakes are high not just for Washington, DC, but for the future of democracy in every corner of this country." Trump used his presidential powers in early August to take over policing in Washington, DC, complaining crime is rampant and officials haven't done enough to address it - despite statistics showing crime in the district is at a 30-year-low. Trump also threatened to deploy the National Guard to help fight crime in other communities. "We're going to take back our capital," Trump said Aug. 11. "And then we'll look at other cities also." He called it a "historic action to rescue our nation's capital from crime, bloodshed, bedlam and squalor and worse." Different visions for tackling urban problems White House officials argue the nation's capital is filthy and that Trump has seen that firsthand. In March, Trump signed an executive order titled "Making the District of Columbia Safe and Beautiful," which sets up a task force of federal officials to clean up the city. "If Democrats had any common sense, they would follow President Trump's lead to crack down on violent crime that has plagued our nation's capital - and Democrat-run cities across the country," Taylor Rogers, White House assistant press secretary, said in an email to USA TODAY. "Instead of criticizing President Trump's popular, tough-on crime policies, they should focus on cleaning up their own cities which are some of the most dangerous places in America." Many big cities are run by Democrats, but both violent and property crimes have fallen nationwide in recent years, federal data shows. Civil rights leaders criticized Trump for portraying cities, especially those led by Black mayors, as crime ridden. "Painting a false picture of the city's largest Black-majority cities, led by Black mayors, is part of the Trump administration's ongoing strategy to exploit racial distrust for political gain,'' Marc Morial, president of the National Urban League, and George Lambert, president of the Greater Washington Urban League President, said in a statement. If Trump really wanted to help cities, several mayors argued, he wouldn't be cutting funding for anti-poverty programs and community policing efforts. "We need to have this federal government invest in cities like Oakland instead of disinvesting in us," said Lee, who spent 27 years in Congress, including during Trump's first term. "It doesn't make any sense what this government is doing if they want to see cities not just survive but thrive." More: 'DC has a right to govern itself': Civil rights leaders denounce Trump's takeover move 'Reasonable people can look at the optics' Trump has yet to publicly bring up race in his criticisms of those cities, but experts point to his history of racially disparaging remarks, including during his first term when he questioned why the United States would let in people from countries like Haiti and parts of Africa, which he referred to using an expletive. Trump also called Baltimore, a predominately Black city, a "disgusting, rat and rodent-infested mess." While the president didn't specifically mention race then or in his recent references, it's clearly implied, said Jason Williams, a professor of Justice Studies at Montclair State University in New Jersey. Williams said urban centers historically have been code for talking about Black people or communities of color. "He doesn't necessarily have to say it in order for his base to know what the implications are," said Williams, adding that most people know DC has a significant Black population. "It does give him some plausible deniability. Not that I think this president would care." Oakland's Lee told USA TODAY she finds Trump's actions "fearmongering and diversionary." "A lot of what he does is to provoke unrest and that gives him an excuse, so we have to be prepared and ready to fight," she said. Oakland has a contingency plan if Trump tries to send in National Guard, Lee added. When asked if she could provide any details, the mayor replied, "I'm not at liberty to do that right now. That would be inappropriate at this point." In DC, Trump justified his actions by citing a recent overnight assault of a former federal official and in Los Angeles, he called in the National Guard to quell civil protests spurred by the aggressive immigration crackdown. He might take advantage of other isolated incidents to target other big cities, said Insha Rahman, vice president of advocacy at the Vera Institute of Justice, a nonprofit organization focused on criminal justice. "It's the red meat that Trump uses to rile up the MAGA base and it is effective as bait only when it's left unchecked," Rahman said. 'We've been here before' Federal officials have sometimes used their powers to undermine Black urban leadership and portray them as chaotic and incompetent or crime prone, Williams said. He pointed to examples such as the urban renewal of the 1960s and 1970s when federal officials displaced Black neighborhoods with highways and a century earlier, after Reconstruction, when governments dismantled post-Civil War gains. "We've been here before with federal overreach and an attempt to try to roll back hard-won wins," Williams said. The nation's capital has long been in the crosshairs of Trump and GOP congressional leaders. Earlier this year, Republican lawmakers threatened to withhold funds if Bowser didn't remove a Black Lives Matter mural from a street near the White House. "DC has always been this sort of political football for the Republicans," Williams said. While some Black mayors are concerned about their cities becoming a Trump target, they're continuing their work to combat crime, Johnson, the Savannah mayor, said. "We're worried about fighting our federal government as well as fighting crime," he said. "It's a continuous 'what if, what next,' which we think are distractions from what the American people are really talking about." Johnson said the ideologies and approaches of some Black mayors may be different than Trump's, but that doesn't mean they can't be partners on issues, including crime. "We understand elections. We're politicians ourselves," he said. "We're charged with playing with whoever is on the field. When Donald Trump became president, he became president of our cities too." Contributing: Phillip Bailey
Scottish Sun
14 hours ago
- Scottish Sun
Scots kids safeguarding boss attacked girl, 12, by seizing her hair and hauling her to floor
HORROR ASSAULT Scots kids safeguarding boss attacked girl, 12, by seizing her hair and hauling her to floor Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A KIDS' safeguarding boss has been convicted of attacking a 12-year-old schoolgirl. Laurie Black, 45, shouted and swore at the terrified youngster then seized her hair and hauled her to the floor. Sign up for Scottish Sun newsletter Sign up 1 Oban Sheriff Court heard how Black grabbed her hair and dragged her to the ground Credit: Alamy The education support officer previously appeared before MSPs and told them how children were becoming more aggressive in schools. Argyll and Bute Council has now been slammed for refusing to reveal if the 'bully' has been sacked or disciplined. A source yesterday told The Scottish Sun on Sunday: 'Black is supposed to be somebody parents and children trust. 'Families go to her when they need help looking after kids. They are shocked. 'Nobody would have guessed she was hiding in plain sight — that wee girl must have been terrified. 'Her bravery has exposed Black for the bully she is. She should never be allowed to work with wee ones again. 'The lack of transparency from the council just reeks.' Oban Sheriff Court heard how Black snatched the girl by her clothes in February before grabbing her hair and dragging her to the ground. She was also being found guilty of shouting, swearing and acting aggressively. The Australian has worked as a principal teacher of support in schools for children with additional support needs (ASN) and managed teams for Argyll and Bute Council. Her work brought her into contact with vulnerable kids and some prone to challenging behaviour. Mum accused of killing baby girl by 'burning her to death with hairdryer' in Scots home Black previously told Holyrood's education committee about rising tensions in classrooms while she was convener of the EIS teaching union's ASN Network. She said frustrated pupils were lashing out at staff leaving them 'distressed' and in need of 'respite'. Argyll and Bute Council said: 'We cannot comment on individuals.' Black will be sentenced next month. She declined to comment.
