Commentary
COMMENTARY: Could False Accusations Threaten the #MeToo Movement?
NNPA NEWSWIRE — The success for proponents has been increasingly measured in terms of the career, stature, title or reputation loss experienced by the growing group of the (mostly men) accused in the media and a much smaller segment of accused that have been charged and/or convicted of crimes.
By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia
A dozen years ago, Tarana Burke created the slogan, “Me Too.” Burke, a Bronx, N.Y.-born African American civil rights activist, created the saying as a means to help women who had survived sexual violence.
Years later, the hashtag “#MeToo” took off, initially without properly crediting Burke.
The movement also seemed initially to exclude women of color or, in the view of many, disproportionately focus on victimized white women – prompting Burke to passionately tell African American women earlier this year, “don’t opt yourself out of what was started for you because the media isn’t acknowledging your hurt.”
Mostly white actresses in Hollywood have become the public face of the movement and men like Matt Lauer, Charlie Rose, and Les Moonves have lost their high-profile jobs.
The success for proponents has been increasingly measured in terms of the career, stature, title or reputation loss experienced by the growing group of the (mostly men) accused in the media and a much smaller segment of accused that have been charged and/or convicted of crimes.
As some in the movement include Bill Cosby’s conviction on aggravated indecent assault charges as another consequence of #MeToo, the pending charges and trial outcomes against movie mogul Harvey Weinstein remain unsettled.
Cosby’s trials were so adversely impacted by media rhetoric and public perception that the inaccurate reporting of the actual substance was an unsworn-in additional witness against him — including a prosecutor who cited Cosby’s conviction as a centerpiece of his election campaign.
In fact, even though videos have emerged of several professional football players and other celebrities assaulting physically assaulting women in hotel lobbies, elevators and hallways, Cosby may ultimately find himself as the sole accused celebrity who serves actual prison time.
Most recently, the movement was also credited for canceled office holiday parties and a growing number of radio stations refusing to play the classic song, “Baby, It’s Cold Outside,” after many claimed that the singer is trying to persuade a woman to stay with him by offering her a drink.
“While it’s critically important that women who’ve been assaulted are heard, we cannot forget about the fundamental right to due process that our great country was founded upon,” said Andrew Miltenberg, one of the nation’s leading due process attorneys.
“This is a dangerous time in our nation’s history, reminiscent of the days of McCarthyism, where a single accusation is enough to end a career. Even baseless charges can ruin a lifetime of work in some situations,” Miltenberg said.
With more than 200 men losing positions and Cosby jailed, some are beginning to look at the movement with a suspect eye.
Actor Sean Penn famously said the campaign has been too black and white and it has divided men and women. Penn also said the movement “is being led by mania.”
He told NBC’s Today Show that he’d like to think that none of it was influenced by what they call the movement of #MeToo. “I think it’s influenced by the things that are developing in terms of empowerment of women who’ve been acknowledging each other and being acknowledged by men,” Penn told Today. “This is a movement that was largely shouldered by a kind of receptacle of the salacious.”
When the show’s host, Natalie Morales, asked Penn to clarify his use of the word “salacious,” the actor doubled-down. “Well, we don’t know what’s a fact in many of the cases,” Penn said. “Salacious is as soon as you call something a movement that is really a series of many individual accusers, victims [and] accusations, some of which are unfounded,” he said. “I don’t know the percentages, but I know that there are some lies that have been told publicly about people; I know of some serious omissions. I’m talking about women towards men.”
Actress and former Playboy model Pamela Anderson has also criticized the #MeToo movement.
She has argued that many of the cases stem from actresses taking meetings in hotel suites alone with male executives. Anderson has argued that she’d never go to a man’s private hotel suite for a business meeting alone, particularly if the man answering the door is “only wearing a robe.”
“I think this feminism can go too far,” she said in an interview earlier this year with Australia’s “60 Minutes.”
“I’m a feminist, but I think that this third wave of feminism is a bore. I think it paralyzes men,” she said. “My mother taught me don’t go to a hotel with a stranger. If someone opens the door in a bathrobe and it’s supposed to be a business meeting, maybe I should go with somebody else. I think some things are just common sense. Or, if you go in, get the job.”
At its best, the #MeToo movement has been a much-needed corrective to the abuses of power, said Attorney Justin Dillon of the Washington, D.C.-based firm of Kaiser Dillon PLLC. “At its worst, though, it’s been an excuse to unfairly ruin people’s lives and reputations without any form of due process or testing of the allegations.”
“There is no #MeToo court [where] you can go to get your reputation back and filing a real lawsuit is prohibitively expensive for most people. Plus, the media often confuses allegations with proof, which is both lazy and harmful,” Dillon said.
Celebrities and business moguls aren’t alone in feeling the brunt of the #MeToo movement.
Even children have been accused.
Nine-year-old New Yorker, Jeremiah Harvey, who is black, was falsely accused of groping and sexually assaulting Teresa Klein, a white woman, at a Brooklyn store.
Klein, later dubbed “Cornerstone Caroline” by social media, called police after she falsely accused young Jeremiah of assault – cameras showed the child never touched Klein.
“I felt humiliated because of the way she was acting,” Jeremiah said in a later broadcast interview.
Historically, false allegations of sexual assault have been a frequent and persistent phenomenon – particularly for black men.
Earlier this year, the 1992 convictions of Van Dyke Perry and Gregory Counts, two African American men, were vacated when the alleged victim revised her story after new DNA evidence was discovered that exonerated the two men.
“Like so many other cases that have come to light in recent years, these young black men were aggressively prosecuted and given lengthy prison sentences with very little care for finding the truth,” Seema Saifee, a senior staff attorney with the Innocence Project, said in a statement.
Of course, the most prominent example of someone paying a high price for a sexual assault they didn’t commit was Emmett Till. Till, who was black and only 14-years old, would never reach his 15th birthday after becoming the victim of a lynching and murder in Mississippi, igniting the Civil Rights movement in 1955.
In 2017, Carolyn Bryant Donham, Till’s accuser, admitted that she lied. According to a story filed by Jerry Mitchell for the Clarion Ledger, “… Carolyn Bryant Donham has admitted she lied when she testified that Till touched her — a lie she repeated to the FBI a decade ago.”
“‘Nothing that boy did could ever justify what happened to him,’ Donham was quoted as saying. Bryant admitted her lie to Tim Tyson, author of the new book, The Blood of Emmett Till, but she never gave a reason why.”
Before Emmett Till, there was the Scottsboro Boys, nine black teenagers falsely accused in Alabama of raping two white women on a train in 1931.
That case was tried in front of an all-white jury and fraught with problems, including lynch mobs, threats of violence and injustice.
Modern day allegations have also torn apart college campuses.
In a recent Glamour magazine article, “Inside the Organizations that Support College Rapists,” Lilly Dancyger writes, “On the other end of the spectrum, [Alice] True [Founder of] Save Our Sons cites a statistic that one in three students found guilty of sexual misconduct through Title IX hearings are in fact innocent—a statistic that comes from a UCLA study that focused on mathematical probability of false accusations without analyzing actual cases.”
The nonprofit Families Advocating for Campus Equality (FACE) notes that many college students have been tried and convicted and have had their reputations and lives torn apart over allegations that haven’t proven true.
According to FACE, at least 200 students claiming to have been falsely accused or found guilty of sexual assault on their campuses, have filed lawsuits against their colleges, administrators and/or their accusers over the past several years.
Officials said there are more lawsuits pending across the country while nearly 100 court decisions have been issued in favor of accused students since 2013.
These lawsuits claim violations of due process, breach of contract and infliction of emotional distress, as well as decisions tainted by gender bias under Title IX, according to FACE’s website.
One parent recounted the story of her son, a student who was exonerated of sexual assault charges:
“My son John Doe was charged by an ex-girlfriend with misconduct and exonerated — completely and unanimously — by the hearing panel. The accuser was a deeply troubled young woman (drug overdoses, psychiatric hospitalizations, fantasy rape claims, etc.) who – 5 months after the fact and 3 months after their relationship ended — accused John Doe of attempting to go slightly farther than they’d gone before (though stopping when she asked him to), an act that she apparently did not find too horrifying as she remained in his bed for the remainder of the night and continued to sleep with him for the ensuing month; her claim was filed only after mutual friends reported that he’d found a new girlfriend. At the hearing she conceded that he’d asked for consent and she’d granted it, and that he’d stopped immediately when she thereafter asked him to — a fact that would have been nice to know but apparently was never asked by the university’s investigator.”
FACE officials said there are many, many more unjustly accused students who have resolved their disputes without legal action or are constrained by college-imposed confidentiality policies, and those whose claims have been settled are almost always bound by confidentiality clauses in their settlement agreements, officials said.
And of course, there are those whose futures have been devastated because they did not have the knowledge or resources to challenge the findings, and their college or university refused to acknowledge their innocence, FACE argues.
“I can tell you that the wrongfully accused suffer greatly, as is obvious from their loss of not just their educations and careers, but they often become isolated from friends and sometimes family as well,” said FACE co-president Cynthia P. Garrett.
“In the campus context we have seen over a thousand accused students mostly devastated, despondent and some suicidal. The majority admit to having considered suicide and a few have been successful,” Garrett said.
“What’s happening in the United States today is the abandonment of men and men’s issues in general, and black men and minorities in particular,” Garrett added.
“Other countries like the United Kingdom and Australia have developed men’s initiatives because they see how men and boys are falling behind at all levels of education. Meanwhile the United States has done absolutely nothing to resolve what is becoming a National crisis,” she said.
Sejal Singh, a policy and advocacy coordinator for Know Your IX, tells Glamour magazine, “We often see schools deny these rights [to adequate time to prepare for hearings and opportunities to present evidence] to survivors, tilting investigations in favor of abusers. By guaranteeing them to both sides, we can make sure school disciplinary procedures are more fair, which serves not just survivors and accused students, but the whole student body, who should have confidence in the investigation process.”
“Schools investigate and discipline students for code of conduct issues that are also crimes—like, say, stealing or getting in a fistfight with another student—all the time,” Singh points out. “There’s no push to stop schools from investigating those cases; instead, there’s an exceptional skepticism reserved for rape victims. I think some of the push to create uniquely high barriers to justice for sexual violence victims reflects the insidious, misogynistic belief that women and survivors are liars ‘crying rape’—the same myth that gets Bill Cosby acquitted or that voters use to excuse Donald Trump’s sexual assaults.”
Disclaimer: The views and opinions expressed in this article do not necessarily reflect the official policy or position of BlackPressUSA.com or the National Newspaper Publishers Association.
Black History
Christianity’s Racial History
THE POSITIVE COMMUNITY — Historian and author Jemar Tisby is challenging the traditional narratives of American religious history through his acclaimed work, The Color of Compromise. His research provides a comprehensive examination of how Christian institutions have historically participated in, accommodated, or resisted racial injustice from the colonial era to the present day.
Jemar Tisby is a historian, author, and public speaker whose work examines the relationship between Christianity, racism, and American history. Through his writing, he challenges readers to reconsider the role religious institutions have played in shaping racial attitudes and social structures. His widely recognized book, The Color of Compromise: The Truth About the American Church’s Complicity in Racism, explores how Christian churches have participated in, accommodated, and sometimes resisted racial injustice throughout American history. Tisby’s work encourages readers to examine the past honestly and consider what meaningful change requires today.
One of the central arguments in The Color of Compromise is that racism in America cannot be understood without examining the influence of religious institutions. Christianity has often been associated with messages of love, justice, compassion, and equality. Yet churches and Christian leaders have sometimes supported systems that denied African Americans their freedom and dignity. Tisby examines this contradiction, demonstrating how religious beliefs and institutions could be used to justify racial oppression rather than challenge it.
The book takes readers back to the era of European colonization and slavery, when religious arguments were frequently used to defend the enslavement of Africans. Some Christian leaders claimed that slavery was compatible with biblical teachings, while others used Christianity to encourage resistance to the institution. Enslaved Africans developed their own spiritual traditions, drawing strength from their faith while enduring violence, separation from family, and the denial of basic human rights. Tisby highlights the importance of understanding how Christianity became intertwined with the development of American slavery.
Tisby also explores the role of churches during the Civil War and Reconstruction. Although emancipation ended legal slavery, it did not eliminate racial prejudice or the struggle for equal citizenship. Some religious communities supported efforts to educate formerly enslaved people and establish independent Black institutions. Others tolerated or defended segregation and white supremacy. The period demonstrates how Christian institutions faced a choice between challenging racial injustice and preserving existing social arrangements.
Another important subject in the book is the relationship between Christianity and Jim Crow segregation. During the late nineteenth and early twentieth centuries, racial segregation became deeply embedded in American society. Many churches reflected the same divisions, maintaining separate congregations and unequal opportunities for worship and leadership. Tisby argues that compromise occurred not only when Christians openly defended racism but also when they remained silent or accepted discriminatory practices to avoid conflict. This distinction is essential to understanding the book’s central message.
The civil rights movement provides another significant chapter in this history. Black churches played a vital role in organizing demonstrations, supporting community leadership, and providing spiritual encouragement to people fighting racial discrimination. Figures such as the Reverend Dr. Martin Luther King Jr. drew upon Christian teachings to challenge segregation and demand equal rights. However, not all white Christian congregations supported the movement. Tisby examines the difference between those who actively opposed racism and those who hesitated to challenge the racial status quo.
A major strength of Tisby’s writing is his attention to the difference between individual prejudice and institutional racism. A person may believe in treating others fairly while participating in organizations or traditions that produce unequal outcomes. Similarly, a church may preach love and acceptance while failing to confront discriminatory practices within its own community. Tisby encourages Christians to look beyond personal intentions and examine the consequences of their actions, their institutional policies, and their willingness to address injustice.
The book also challenges contemporary Christians to consider how the legacy of racial compromise continues to affect American religious life. Questions about church leadership, worship communities, racial representation, education, and public policy remain important. Tisby argues that acknowledging historical wrongdoing is not about assigning personal guilt to every modern Christian. Rather, it is about understanding how past decisions shaped the present and recognizing the responsibility to pursue greater fairness, accountability, and inclusion.
Tisby’s work has become an important contribution to conversations about race and religion because it asks readers to move beyond comfortable narratives about American Christianity. His historical approach encourages people to examine uncomfortable evidence, listen to the experiences of African Americans, and recognize the difference between professing moral principles and practicing them. The book also raises questions about what genuine reconciliation requires, emphasizing that meaningful progress involves more than expressions of goodwill. It requires a willingness to confront injustice and make changes that reflect the values Christians claim to uphold.
Ultimately, The Color of Compromise is a call for historical honesty, moral reflection, and meaningful action. Jemar Tisby challenges churches and individual believers to understand how Christianity has been used both to support oppression and to inspire resistance against it. His message is especially relevant in a society still wrestling with racial inequality and the consequences of its history. By examining the past with courage and integrity, readers can better understand the responsibilities of faith in the present. The book reminds us that the true test of religious conviction is not simply what people profess to believe, but whether their actions reflect justice, compassion, and respect for the dignity of every human being.
Based on reporting by The Positive Community.
Black Press
COMMENTARY: Oakland’s Black Students Have Gained Ground: We Shouldn’t Stop Now
New state data reveals that Black students in the Oakland Unified School District are making academic gains in reading and math at rates significantly faster than their peers statewide. These improvements follow a 2023 decision by board leadership to cancel school closures and instead invest in the Black Thriving Community Schools program. While the district continues to address budget challenges, proponents argue that maintaining these targeted resources is essential to narrowing long-standing achievement gaps. Read more about the specific policies driving these results.
Oakland’s Black students are making faster gains in reading and math than Black students statewide, according to state data released Oct. 15.
Those gains followed decisions by school board President Jennifer Brouhard and Vice President Valarie Bachelor to keep schools open, invest in Black students and support teachers.
Since 2023, Black students in Oakland Unified School District have gained about 31 points in English and math on the California School Dashboard — roughly three times the statewide English gain and more than twice the math gain. Our students still trail their statewide peers, but they have narrowed that gap by about a third.
In 2022, the previous board voted to close or reduce grades at 11 schools, mostly serving Black and Brown families. A state civil rights investigation later found the plan would have unlawfully discriminated against Black, low-income and disabled students. Brouhard and Bachelor opposed those closures and, after winning election, voted to cancel remaining plans in January 2023.
The board then expanded support through Black Thriving Community Schools, providing additional resources where Black enrollment exceeds 40%, and funded teachers dedicated to Black students and families. Its reparations policy requires schools to develop plans for Black student achievement.
Meanwhile, the district reduced a $100 million budget shortfall to about $30 million without closing schools, cut central office positions and approved its first balanced budget in 22 years. More than 99% of teaching positions were filled when this school year began.
These investments must grow. Black Thriving Community Schools still reach only some students who need them. Every Oakland child deserves a safe, racially just neighborhood school staffed by qualified teachers who can afford to stay.
The opposing slate argues closures should remain an option to address budget pressures. But a Stanford study found closures do not improve district finances because departing families take student funding with them. Other research links closures to lower college attendance and adult earnings. Majority-Black schools nationally are more than three times as likely to close.
Oakland knows the consequences. There is another path. Brouhard and Bachelor have begun moving Oakland in that direction, protecting classroom investments while confronting financial pressures.
Progress deserves continued public support. We cannot afford to reverse course.
About the Author
Walter Riley is a civil rights attorney and longtime community organizer in Oakland.
Black History
From Backyard Grilling to Jack London Square: Jamale Carlyle’s Chicken Wing Success Story
Jamale Carlyle turned a backyard hobby into a flourishing business after using grilling to cope with the loss of his mother and sister. The former corporate executive and CPA transitioned from a twenty-year career in the power industry to selling chicken wings at farmers’ markets in Tracy and Oakland. Following immediate success and viral social media attention, Carlyle opened two permanent storefronts and established a charitable partnership to support local youth. His journey highlights a unique path from internal auditing to community entrepreneurship. Read more.
For Jamale Carlyle, what began as a way to cope with personal loss has grown into a thriving chicken wing business with locations in Tracy and Oakland’s Jack London Square.
Raised in Los Angeles, Carlyle remains a southern kid at heart, guided by the values and principles instilled in him growing up. In 2020, he lost his sister, and two months later, his mother passed away. The losses left him grieving half of his immediate family and searching for a way forward.
He turned to God, and to two favorite pastimes: grilling chicken wings and deep sea fishing. Friends who gathered in his backyard encouraged him to turn his chicken wings into a business.
Carlyle had built a successful corporate career before becoming an entrepreneur. An economics graduate of the University of California, Irvine, he earned a master’s degree in accounting from the University of Southern California and became a certified public accountant (CPA).
He spent more than 20 years in the power industry, including working for Edison International in Los Angeles and Boston. He later joined JP Energy Partners in Dallas, helping its team take the company public.
After moving to San Francisco in 2016, Carlyle spent 10 years with Pattern Energy, a wind energy company, where he served as vice president of Internal Audit and took on numerous corporate responsibilities.
But in 2025, grilling became more than a hobby. Carlyle began selling his wings at farmers’ markets, initially dedicating four hours every Saturday. Nervous about his first outing in Tracy, he wondered whether his friends had simply been encouraging. Instead, he sold out on opening day.
He later brought his business to Jack London Square’s Farmers Market, where he again sold out on his first day. As demand grew, he expanded into catering before opening his Tracy storefront in May 2026 and his Jack London Square location in July.
Social media helped fuel the momentum. In Tracy, enthusiastic reviews on the community’s Rants and Raves Facebook page brought customers through the door. His Jack London Square debut also gained traction online, generating approximately 100,000 views on social media on his on opening day.
Still processing the rapid growth, Carlyle describes the business as something that began in his backyard as a stress reliever and became an unexpected calling, and a way of giving back.
“Giving back” has led to a partnership with Mike Jenkins, owner of Oakland Strong, a nonprofit gym known for Olympic style weight lifting and developing national and international champions. After Jenkins visited Carlyle’s store with members of his team, Carlyle returned the visit, and the two began discussing ways to partner to support the community.
“I’m really big on charity. I believe in giving back to the community,” Carlyle said. “I knew before I opened my store, I’d be doing something like this, this is what God wants me to do.”
Their collaboration will introduce the “Oakland Strong Bowl,” featuring 10 dry-rub Cajun wings and a vegetable-rice bowl for $17.99, with $2 from each purchase donated to the Oakland Strong Foundation. The initiative is expected to launch in early November.
“This builds community in Oakland and Jack London Square,” Carlyle said.
Looking ahead, Carlyle plans to expand the menu with chicken thighs, chicken tacos and additional sides. He is also pursuing a liquor license to create a destination where customers can enjoy wings while watching sports.
For now, he is focused on growing his two locations. But with customers embracing his food and his commitment to giving back, Carlyle sees the possibility of bringing his chicken wings to more communities throughout the Bay Area.
Black Press
OPINION: We Can Restore Checks and Balances on Trump
With the presidential administration facing criticism over its handling of healthcare, inflation, and government spending, political observers are shifting their focus toward the upcoming congressional elections to restore institutional checks and balances. Recent data suggests Democrats are within reach of the 218 seats needed for a House majority, while specific Senate races in states like Texas and Michigan remain pivotal. The outcome of these contests will determine the legislative branch’s ability to challenge executive policies on tariffs, taxes, and military engagement. Click to read more.
Rapper Nikki Minaj is the latest high profile political tool of Donald Trump. The president recently remarked on the Afro-Trinidadian singer’s backside, praising her “beautiful ass.”
Is this what passes as an appeal for the Black vote? But Trump is an equal opportunity offender.
At recent rallies, Trump made homo-erotic comments about Republican men and their butts, like when he referred to Ohio Senator John Husted’s as a “pile of muscle.” But shouldn’t Trump be talking about the real issues?
Gas prices are now higher than they were under former President Joe Biden. Inflation is higher than when Trump took office, while he has redecorated the White House and already spent over $200 million on gold filigree. At least 3 million people have been kicked off of Medicaid or Obamacare because of Trump-backed legislation in Congress.
The country needs a change in how Trump does business. We need a strong independent Congress in both the House and Senate that will be our voice to stand up to ideas like a ‘forever war.’ Or tariffs against friend and foe.
This is the important math of the day: Democrats need 218 seats for a majority. Four more needed than their current 214. The latest Cook Report shows Democrats could gain 12-22 House seats.
But you still need the Senate, where Republicans have 53 members and the Dems have 47.
To have control, Dems would need to beat the tie breaker vote cast by VP J.D. Vance. Democrats need to get to 51 and that means four Senate victories on Nov. 3.
Of the key states politicos are watching, North Carolina and Georgia look blue. Can they get two more from toss-up states like Alaska (Mary Peltola?), Maine (Troy Jackson?), or Ohio (Sherrod Brown)? Observers are talking about two races in particular: Texas and Michigan.
In Texas the Talarico/Paxton race is fascinating. State legislator James Talarico is a choir boy compared to Texas Attorney General Ken Paxton—whose rhetoric and record suggest he would be more amoral than Trump.
Then there’s Michigan, where Abdul El-Sayed is running against Mike Rogers.
The Black vote has wavered there, with some high-level Black pols coming out against El-Sayed on Fox News. Trump has also called El-Sayed a “jihadist and a terrorist.”
Born in the U.S., El-Sayed is a highly educated Rhodes Scholar, and a physician. The “model minority” is a terrorist? But like all people of color, he gets othered. Assumptions get made. His skin color and his religion make him a terrorist.
What about local issues like the billionaire tax in California. Prop. 40? I hate direct legislation by propositions because the proposals are usually flawed and can’t be worked out easily—like if legislators actually did their job in the state house.
But taxing billionaires more has to happen on the state and federal level. Prop 40 is a start. Even if it’s one time and goes mostly to health care. It’s a start toward fairness.
Whatever you say. Just vote. Now. Early. Don’t wait.
About the Author
Emil Amok Guillermo is a journalist, commentator and comic monologist. See him on his micro talk show: YouTube.com/@emilamok1
Black Press
COMMENTARY: Your California Living Trust Could Be Next: When Evidence Isn’t Enough
A recent California appellate ruling in the case of the Laura Dean Head Living Trust serves as a sobering warning for property owners relying on estate planning. Despite Dr. Head’s express written wishes to disinherit her estranged sisters and name a longtime friend as beneficiary, the court invalidated the trust based on undue influence. This decision highlights how documented intentions and supporting testimony from legal and medical professionals may still face successful legal challenges from disinherited relatives. Read more to see how this precedent impacts California homeowners.
You put your home in a living trust. You choose who inherits. You expressly disinherit relatives. An attorney prepares the documents. You expect your wishes to survive you.
Dr. Laura Dean Head’s trust did not.
California property owners should examine Laura Dean Head Living Trust, Alameda County Superior Court, Oakland, Case No. RP20061734, and Hamlin v. Jendayi, California Court of Appeal, First Appellate District, Division Three, Case No. A167695.
The case delivers a sobering warning: a living trust can face a successful challenge even when its chosen beneficiary presents evidence supporting the person’s stated wishes.
Head, a San Francisco State University professor, named Zakiya Jendayi as successor trustee and primary beneficiary. They had known each other for 28 years. Seven years after Dr. Head’s death, her estranged sisters contested the trust. Jendayi alleges that they consulted various probate attorneys while forum shopping before pursuing the challenge. Judge Sandra K. Bean in Dept. 103 invalidated the trust based on undue influence.
Jendayi’s compilation, “The Truth Is in the Transcriptions,” places disputed findings beside testimony and medical records. She argues that the evidence tells a different story.
Estate planning attorney Elaine Lee testified that she reviewed the trust privately with Head, behind a closed door. Lee’s testimony, reproduced in the compilation, attributes the beneficiary choices to Head and describes her insistence that her sisters receive nothing.
Hospice social worker Jenna Noe confirmed that Head told her she wanted to leave her belongings to Jendayi. Noe also testified that Head made her own decisions in their conversations.
The court described complete dependence on Jendayi. The compilation points to paid caregivers, hospice professionals and frequent visits from friends. When the judge asked nurse Dolly Woodson whether she had witnessed Jendayi abusing Head, Woodson answered no.
Jendayi also challenges the court’s treatment of her conditional power of attorney and alleges omissions and unequal treatment of evidence.
Yet the appellate court affirmed the judgment. It found substantial evidence supporting undue influence, rejected the judicial-bias claims and deemed any deficiencies in the statement of decision harmless. The published portion held that disinherited potential intestate heirs had standing to contest the trust.
That ruling endangers Californians who have properties held in a trust. Disinheritance did not prevent this challenge, and evidence supporting Head’s intentions did not secure the outcome Jendayi sought.
For homeowners relying on a living trust, the question is urgent: how well will your documented choices withstand a contested courtroom narrative?
Read the decision at https://law.justia.com/cases/california/court-of-appeal/2024/a167695m.html
Examine the testimony. Consider what happened when a woman’s written wishes and the evidence offered to defend them were still not enough.
Sources: Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064, opinion filed Oct. 17, 2024, modified Nov. 12, 2024; Jendayi’s supplied compilation of transcript excerpts and exhibits. Claims of error reflect Jendayi’s position.
Black Press
Post News Group Nov. 3 Election Endorsements
The Post Newspaper Group has announced its official endorsements for the upcoming November 3 election, offering recommendations for a wide range of political candidates, local propositions, and regional measures. The selections cover key races in Oakland and Berkeley, including mayoral contests and city council seats, as well as critical positions for the Peralta Community College Board and AC Transit. The group also evaluated state offices and several high-profile ballot initiatives. Check the full list to see which specific candidates and measures earned the publication’s support.
Nov. 3 Election Endorsements
The Post Newspaper Group endorse the following political candidates, propositions and measures.
Oakland
Mayor
- Barbara Lee
City Council
- District 2: Charlene Wang
- District 4: Janani Ramachandran
- District 6: Kevin E. Jenkins
- City Auditor: Michael Houston
OUSD School Board
- District 2: Jennifer Brouhard
- District 6: Valarie Bachelor
Measure EE: Yes
Measure FF: Yes
Berkeley
Berkeley City Council
- District 1: Laura Babbitt
- District 4: No endorsement
- District 7: Syrak Micael
- District 8: No endorsement
Peralta Community College Board of Trustees
- Area 5: Sandra Weese
East Bay Municipal Utility District
- District 3: Marguerite Young
Bay Area Rapid Transit
- District 4: Robert Raburn
AC Transit
- District 3: Joel Young
City of Richmond
- Mayor: Ahmad Anderson
State Offices
- Governor: Xavier Becerra
- Lt. Governor: Fiona Ma
- Secretary of State: Shirley N. Weber
- Controller: Malia M. Cohen
- Attorney General: Rob Bonta
- State Assembly, 14th District: Buffy Wicks
- State Assembly, 18th District: Mia Bonta
Federal Offices
- U.S. Congress, 10th District: Mark De Saulnier
- U.S. Congress, 12th District: Lateefah Simon
- U.S. Congress, 14th District: Aisha Wahab
State Measures:
- Prop 1: Yes
- Prop 2: Yes
- Prop 3: Yes
- Prop 4: Yes
- Prop 5: Yes
- Prop 37: Yes
- Prop 38: No
- Prop 39: No
- Prop 40: No
- Prop 41: No
- Prop 42: No
- Prop 43: No
- Prop 44: No
- Prop 45: No
District Measures
- Regional Transit Measure: Yes
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