New York
Men exonerated in Malcolm X killing to receive $36 million
NEW YORK (AP) — The city of New York is settling lawsuits filed on behalf of two men who were exonerated last year for the 1965 assassination of Malcolm X, agreeing to pay $26 million for the wrongful convictions which led to both men spending decades behind bars.
The state of New York will pay an additional $10 million. David Shanies, an attorney representing the men, confirmed the settlements on Sunday.
“Muhammad Aziz, Khalil Islam, and their families suffered because of these unjust convictions for more than 50 years,” said Shanies said in an email. “The City recognized the grave injustices done here, and I commend the sincerity and speed with which the Comptroller’s Office and the Corporation Counsel moved to resolve the lawsuits.”
Shanies said the settlements send a message that “police and prosecutorial misconduct cause tremendous damage, and we must remain vigilant to identify and correct injustices.”
Last year, a Manhattan judge dismissed the convictions of Aziz, now 84, and Islam, who died in 2009, after prosecutors said new evidence of witness intimidation and suppression of exculpatory evidence had undermined the case against the men. Then-District Attorney Cyrus Vance Jr. apologized for law enforcement’s “serious, unacceptable violations of law and the public trust.”
The New York City Law Department, through a spokesperson, said Sunday it “stands by” Vance’s opinion that the men were wrongfully convicted and the financial agreement “brings some measure of justice to individuals who spent decades in prison and bore the stigma of being falsely accused of murdering an iconic figure.”
Shanies said over the next few weeks the settlement documents will be signed and the New York court that handles probate matters will have to approve the settlement for Islam’s estate. The total $36 million will be divided equally between Aziz and the estate of Islam.
Aziz and Islam, who maintained their innocence from the start in the 1965 killing at Upper Manhattan’s Audubon Ballroom, were paroled in the 1980s.
Malcolm X gained national prominence as the voice of the Nation of Islam, exhorting Black people to claim their civil rights “by any means necessary.” His autobiography, written with Alex Haley, remains a classic work of modern American literature.
Near the end of Malcolm X’s life, he split with the Black Muslim organization and, after a trip to Mecca, started speaking about the potential for racial unity. It earned him the ire of some in the Nation of Islam, who saw him as a traitor.
He was shot to death while beginning a speech Feb. 21, 1965. He was 39.
Aziz and Islam, then known as Norman 3X Butler and Thomas 15X Johnson, and a third man were convicted of murder in March 1966. They were sentenced to life in prison.
The third man, Mujahid Abdul Halim — also known as Talmadge Hayer and Thomas Hagan — admitted to shooting Malcolm X but said neither Aziz nor Islam was involved. The two offered alibis, and no physical evidence linked them to the crime. The case hinged on eyewitnesses, although there were inconsistencies in their testimony.
Attorneys for Aziz and Islam said in complaints that both Aziz and Islam were at their homes in the Bronx when Malcolm X was killed. They said Aziz spent 20 years in prison and more than 55 years living with the hardship and indignity attendant to being unjustly branded as a convicted murderer of one of the most important civil rights leaders in history.
Islam spent 22 years in prison and died still hoping to clear his name.
Washington
Federal judge rules in favor of bikini baristas over dress
EVERETT, Wash. (AP) — A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court.
The decision in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the city of Everett over the rights of workers to wear what they want, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle.
U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory purpose, according to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez.
It is difficult to imagine, the court wrote, how the ordinance would be equally applied to men and women in practice because it prohibits clothing “typically worn by women rather than men,” including midriff and scoop-back shirts, as well as bikinis.
Bikini baristas were “clearly” a target of the ordinance, the court also ruled, adding that the profession is comprised of a workforce that is almost entirely women.
In 2017, the city enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses.
The owner of Everett bikini barista stand Hillbilly Hotties and some employees filed a legal complaint challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd conduct ordinance, but the court dismissed all the baristas’ claims but the dress code question.
The court directed the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.
North Carolina
Daycare owner charged with sexually assaulting child
RALEIGH, N.C. (AP) — A North Carolina daycare owner has been charged with sexually assaulting a child, authorities said.
WNCN-TV reports that 58-year-old Malay Jindal, one of the owners of the Goddard School Raleigh, is accused of engaging in a sex act with a 5-year-old child in July.
During Jindal’s first appearance in court on Friday, a prosecutor said that the child and the child’s mother claim the child was touched inappropriately. Jindal’s attorney told the judge that Jindal has denied the allegations.
In a statement, the Goddard School said it was made aware of the investigation over the summer.
It said the owners “immediately alerted parents and a follow-up was sent to parents alerting them of the charges when they were filed yesterday.”
The owners also told WNCN they are “fully cooperating with local authorities, the North Carolina State Licensor and Goddard Systems throughout the investigation.”
Jindal’s bond has been set at $2 million. His next court date is set for Nov. 17.
