Justice Dies As Delaware Supreme Court Overturns Verdict In Death Of Amy Joyner-Francis

Amy Joyner-Francis

Delaware media is reporting the Delaware Supreme Court just overturned the conviction of Trinity Carr in the death of Amy Joyner-Francis.  The student died as a result of injuries sustained in a beating at Howard High School on April 24th, 2016.  The full decision is embedded below.

WDEL reports:

The Supreme Court on Thursday said no reasonable factfinder could have found that the girl acted with criminal negligence or, even if she did, that it would be unjust to blame her for Joyner-Francis’ death given how unforeseeable it was that the fight would lead to a young teen dying of cardiac arrest.

To read the full legal opinion, issued today, please read below.  Due to the fact many involved in the case were minors, the Delaware Family Court changed the names of minors.  The appeal is written on behalf of “Tracy Cannon”.  But there is no mistaking this.  It is Trinity Carr.  Amy Joyner-Francis’ name is “Alcee Johnson-Franklin”.  Being that this case was so heavily publicized, I feel it is a dishonor to the memory of Amy Joyner-Francis to change her name.  It belittles her and points her as something different than the victim of a horrific murder.  I’m sorry, but this was murder.  It may not have been intentional, but a student died.  And it would have never happened if Carr didn’t go into that bathroom with the intention of causing harm to Amy.

This is what happens when justice dies in the first state to sign the Constitution.  Those who pimp out 16 and 17 year olds for human sex trafficking get probation.  Special education diagnosticians who have sex with students get probation.  And now, murderers get away with murder.

16 To Watch In 2016: Senator David McBride

DE State Senator David McBride

Delaware Liberal wrote about this half an hour ago.  I woke up and wasn’t sure what to write about today (yes, there are days like that).  And then I read their article.  Senator David McBride has colorectal cancer.  This is a man who has faithfully served in the Delaware legislature since 1978.  Ever since he defeated former State Rep. Robert Byrd, McBride has represented Delaware.  To give some perspective here, I was eight years old when he was elected.  That was 37 years ago.

Senator McBride wrote a letter to his friends and constituents on his Facebook page about his diagnosis.  It was very intimate and personal, but he wants to get the word out.  I admire this long-standing Delaware State Senator for his conviction and courage in what will be a difficult time.  No matter what your politics are, we will all be praying and rooting for Senator McBride in the year ahead.

Friends and Colleagues,

“How are you doing?”

“I’m great, thanks.”

It’s a simple greeting and reply – so automatic it’s almost rhetorical.

And, if you’d asked me that two months ago, it’s exactly the reply you would have gotten. I was exercising, eating well and never felt better.

Then last month, came the words no one ever wants to hear: “Dave, you have cancer.”

Fortunately because my colorectal cancer was detected during a regular screening, I was able to receive prompt treatment. And there’s a road to recovery that my wonderful doctors have put in place. I just have to follow it.

And in some ways, that’s the biggest challenge – dealing with the mental and physical toll of cancer treatment. In part, that’s why I’m writing you today, to ask for your encouragement and your prayers.
Most of you know that I tend keep my private life just that – private – so getting to the point where I could tell you this has been tough. At the same time, I’ve spent my career being honest and forthright. It’s who I am as a Senator and as a man, and it quickly became apparent to me that I must be true to those values, even in the face of this new challenge.

You deserve the truth, but even more than that, you deserve to hear the truth from me.

The truth is, I can’t help but smile at what I see as some real irony in all of this. During my Senate career, I’ve been proud to count myself as a leader in Delaware’s war against cancer. I sponsored the indoor smoking ban and supported efforts to use money from our share of the national settlement with Big Tobacco to fund the state’s Health Fund. Among other things, that fund helps provide money to support cancer screenings for people who couldn’t afford them otherwise. I also sponsored the legislation setting up the Delaware Cancer Consortium, which helps coordinate and guide our state’s ongoing battle with cancer. I really believe those efforts have saved some lives here in Delaware.
And it’s my hope that sharing my story with you today might save some more.

Early on, the Cancer Consortium decided to make colorectal cancer a priority not only because it’s so prevalent, but also because if it’s caught soon enough, it’s treatable and beatable.
Like most of you who are old enough to start the screening process, it’s not something I look forward to. Anyone who has had to take those two doses of the laxative from hell before screenings can easily think of a thousand other things we’d rather do.

In my case, three years ago, it was determined I would undergo annual screenings.

That decision saved my life.

As many of you know all too well, cancer begins as a stealthy disease. Until I heard those words from my doctor, I had no clue I was ill. I thought I was in incredibly good health and was doing all the things I usually did.

Thank God I followed my doctor’s advice and had my screening. And in turn, I hope you’ll take my advice and do the same.

As I write this, I’ve had surgery to remove the cancer and am about to embark on a regimen of chemotherapy to ensure that the disease has been fully defeated. I know that means I’ve got a fight on my hands. It’s a fight I’m ready for now.

I wasn’t so sure just a few weeks ago. As many of you know from first-hand experience or by being at the side of a family member or friend who’s had cancer, the pain has been beyond description. And as upbeat as you all know me to be, the discomfort, coupled with the mental anguish of coming to terms with my experience had plunged me into some real despair.

But I’ve really turned the corner over the last several days, and it’s because of the outpouring of love and support I’ve received from so many.

My wife, Margaret, and my family have helped bolster my spirits, as have the amazing staff at Christiana Care. Words cannot begin to describe the care and support that everyone – from the doctors and nurses to the technicians (who always seem to be checking your vital statistics) and even the friendly cleaning staff – has offered.

Then, there’s all of you.

Serving you as your senator has been one of the great privileges and passions of my life. I care deeply for all of you and my desire to continue serving you and doing the important work that lies ahead has, more than anything, picked me up and pushed me forward.

To be sure, I have a journey ahead of me. There’s six months of chemotherapy to come. But, come Jan. 12, I’ll be on the Senate floor, ready to go to work. There are big challenges ahead of us and I want to be a part of the solution. I look forward to:

• Continue my work with Chief Justice Leo Strine to revise and modernize our criminal sentencing laws as we’ve done over the past couple of years with a wide range of environmental crimes;
• Continue my work as chairman of the Senate Natural Resources and Environmental Control Committee to preserve and protect Delaware’s fragile and scarred environment;
• Lend my experience and leadership to our state’s efforts to create jobs and grow our economy, while overcoming some tough financial challenges;
• Continue my tireless and passionate advocacy for you, my friends and neighbors in the 13th Senatorial District.

While I intend to continue my record of perfect attendance at regular Senate sessions and to keep up my community involvement, there may be times when my treatment will necessitate sending a member of our amazing Senate staff out to community meetings in my stead. They’ll give me full reports and will be able to reach out to me electronically on the spot if there’s something they think demands my immediate attention. Be assured that my resolve to serve you and my energy are undiminished.

In closing, I want to thank my friends for their well wishes and prayers of support.

More than anything, your support will be the thing that helps me beat this. And down the road, we’ll all get together for one heck of a victory party when I beat this disease.

I may be an old Air Force guy, but I’ve always loved the Navy SEALS creed: “I will draw on every remaining ounce of strength…to accomplish our mission. I am never out of the fight.”

With gratitude,

David McBride