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UN Condemns U.S. Police Brutality, Calls For ‘Stand Your Ground’ Review August 31, 2014

Posted by rogerhollander in Civil Liberties, Police, Race, Racism.
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Roger’s note: the United States was founded on the genocide of the First Nations peoples and much of its enormous wealth was derived from the forced labor of African slaves.  Racism is as American as apple pie.  This is not leftist ranting, it is historical fact.  Sadly, under the “leadership” of the country’s first African American president, the situation is only getting worse.  Obama’s immigration extradition policies, his orientation towards Wall Street and away from Main Street, the federal government’s militarization of urban police forces — all this contributes to the discrimination and impoverization mostly of peoples of color.  The Republican Party may be more overtly racist in its ideological bias, but it is a Democratic president that is implementing racist policies.  God help America.

 

Posted: 08/30/2014 8:31 am EDT Updated: 08/30/2014 9:59 am EDT
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* Panel issues recommendations after review of U.S. record

* Says killing of Michael Brown “not an isolated event”

* Decries racial bias of police, pervasive discrimination

* ACLU calls for addressing racial inequality in America

 

GENEVA, Aug 29 (Reuters) – The U.N. racism watchdog urged the United States on Friday to halt the excessive use of force by police after the fatal shooting of an unarmed black teenager by a white policeman touched off riots in Ferguson, Missouri.

Minorities, particularly African Americans, are victims of disparities, the U.N. Committee on the Elimination of Racial Discrimination (CERD) said after examining the U.S. record.

“Racial and ethnic discrimination remains a serious and persistent problem in all areas of life from de facto school segregation, access to health care and housing,” Noureddine Amir, CERD committee vice chairman, told a news briefing.

Teenager Michael Brown was shot dead by a white police officer on Aug. 9, triggering violent protests that rocked Ferguson – a St. Louis suburb – and shone a global spotlight on the state of race relations in America.

“The excessive use of force by law enforcement officials against racial and ethnic minorities is an ongoing issue of concern and particularly in light of the shooting of Michael Brown,” said Amir, an expert from Algeria.

“This is not an isolated event and illustrates a bigger problem in the United States, such as racial bias among law enforcement officials, the lack of proper implementation of rules and regulations governing the use of force, and the inadequacy of training of law enforcement officials.”

The panel of 18 independent experts grilled a senior U.S. delegation on Aug. 13 about what they said was persistent racial discrimination against African-Americans and other minorities, including within the criminal justice system.

U.S. Ambassador Keith Harper told the panel that his nation had made “great strides toward eliminating racial discrimination” but conceded that “we have much left to do”.

Ferguson Police Officer Darren Wilson, who shot Brown, has been put on paid leave and is in hiding. A St. Louis County grand jury has begun hearing evidence and the U.S. Justice Department has opened its own investigation.

Police have said Brown struggled with Wilson when shot. But some witnesses say Brown held up his hands and was surrendering when he was shot multiple times in the head and chest.

“STAND YOUR GROUND” LAWS

In its conclusions issued on Friday, the U.N. panel said “Stand Your Ground” Laws, a controversial self-defense statute in 22 U.S. states, should be reviewed to “remove far-reaching immunity and ensure strict adherence to principles of necessity and proportionality when deadly force is used for self-defense”.

Ron Davis, father of Jordan Davis, a 17-year-old shot dead in a car in Jacksonville, Florida during an argument over loud rap music in November 2012, attended the Geneva session. Sybrina Fulton, mother of Trayvon Martin, an unarmed black teen killed in Miami, Florida by a neighborhood watch volunteer, testified.

The U.N. panel monitors compliance with a treaty ratified by 177 countries including the United States.

“The Committee remains concerned at the practice of racial profiling of racial or ethnic minorities by law enforcement officials, including the Federal Bureau of Investigation (FBI), Transportation Security Administration, border enforcement officials and local police,” it said, urging investigations.

The experts called for addressing obstacles faced by minorities and indigenous peoples to exercise their right to vote effectively. This was due to restrictive voter identification laws, district gerrymandering and state-level laws that disenfranchise people convicted of felonies, it said.

Jamil Dakwar of the American Civil Liberties Union (ACLU) said the U.N. recommendations highlighted “shortcomings on racial equality that we are seeing play out today on our streets, at our borders and in the voting booth.

“When it comes to human rights, the United States must practice at home what it preaches abroad,” he said.

Civil Rights: Then and Today August 14, 2014

Posted by rogerhollander in Civil Liberties, Police, Race.
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Roger’s note: A thousand words.

 

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The Civil Rights Act is 50 years old. These two pictures were taken 50 years apart. Behold our progress.

Why Cops in Ferguson Look Like Soldiers: The Insane Militarization of America’s Police August 14, 2014

Posted by rogerhollander in Civil Liberties, Police.
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Roger’s note: I find myself using this phrase too often nowadays: This is truly frightening.  I read that residents of Gaza have sent messages to the protesters in Ferguson with advice on how to deal with tear gas.  The chickens have truly come home to roost.

http://www.nymag.com

Army fatigues, armored vehicles, tear gas, AR-15s — it’s the war-ready imagery not just of Gaza and Iraq but Ferguson, Missouri, a town of 21,000 with zero murders on the books in 2014. Unless, of course, you count 18-year-old Michael Brown.

The response to protests against the teen’s death at the hands of police turned even more authoritarian when darkness fell on Wednesday, asjournalist and citizens alike were targeted with undue force. In night vision, tanks rolling through smoky suburban streets recalled an occupation. But however misguided the show of brute force against the mostly peaceful demonstrators was, it’s a chest-out, guns-up posturing small-time police departments across the country have been preparing for.

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Photo: Jeff Roberson

Jelani Cobb of The New Yorker described the scene from last night:

What transpired in the streets appeared to be a kind a municipal version of shock and awe; the first wave of flash grenades and tear gas had played as a prelude to the appearance of an unusually large armored vehicle, carrying a military-style rifle mounted on a tripod. The message of all of this was something beyond the mere maintenance of law and order: it’s difficult to imagine how armored officers with what looked like a mobile military sniper’s nest could quell the anxieties of a community outraged by allegations regarding the excessive use of force. It revealed itself as a raw matter of public intimidation.

The instruments of that intimidation have been funneled to local police beginning with the drug war, as laid out by journalist Radley Balko in his book Rise of the Warrior Cop, and a Cato Institute paper on the subject from 2006:

Over the last 25 years, America has seen a disturbing militarization of its civilian law enforcement, along with a dramatic and unsettling rise in the use of paramilitary police units (most commonly called Special Weapons and Tactics, or SWAT) for routine police work. The most common use of SWAT teams today is to serve narcotics warrants, usually with forced, unannounced entry into the home.

These increasingly frequent raids, 40,000 per year by one estimate, are needlessly subjecting nonviolent drug offenders, bystanders, and wrongly targeted civilians to the terror of having their homes invaded while they’re sleeping, usually by teams of heavily armed paramilitary units dressed not as police officers but as soldiers.

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Photo: Scott Olson/Getty Images

The trend only increased as a response to terror after September 11, and more so as the wars in Iraq and Afghanistan wound down. From Adam Serwer at MSNBC:

According to the American Civil Liberties Union, the Department of Defense has transferred $4.3 billion in military equipment to local and state police through the 1033 program, first enacted in 1996 at the height of the so-called War on Drugs. The Department of Justice, according to the ACLU, “plays an important role in the militarization of the police” through its grant programs. It’s not that individual police officers are bad people – it’s that shifts in the American culture of policing encourages officers to ”think of the people they serve as enemies.” […]

Training materials obtained by the ACLU encourage departments to “build the right mind-set in your troops” in order to thwart “terrorist plans to massacre our schoolchildren.” It is possible that, since 9/11, police militarization has massacred more American schoolchildren than any al-Qaida terrorist.

 

Images & reports out of are frightening. Is this a war zone or a US city? Gov’t escalates tensions w/military equipment & tactics.

 

Ferguson specifically was a part of such a program, USA Today reports, having “received advanced rifle sights and night vision equipment between 2012 and 2014”:

Michelle McCaskill, media relations chief at the Defense Logistics Agency, confirms that the Ferguson Police Department is part of a federal program called 1033 that distributes hundreds of millions of dollars of surplus military equipment to civilian police forces across the United States. The materials range from small items, such as pistols and automatic rifles, to heavy armored vehicles such as the MRAPs used in Afghanistan and Iraq.

“In 2013 alone, $449,309,003.71 worth of property was transferred to law enforcement,” the agency’s website states.

As Matt Apuzzo of the New York Times described presciently in June, the broader trend includes sending equipment to towns with no use for it. (The state of Missouri has received seven armored vehicles since 2006.) And much of that gear is provided in a “use it or lose it” arrangement:

Between 2011 and 2012, sixty-three agencies polled by the A.C.L.U. reported that they had received “a total of 15,054 items of battle uniforms or personal protective equipment”; some five hundred agencies had received “vehicles built to withstand armor-piercing roadside bombs.” In many instances, the receipt of these military-grade weapons is contingent on their use within a calendar year.

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How necessary is any of this? Well, in February, local Sergeant Matthew Pleviak of St. Louis County’s Tactical Operations Unit SWAT team told theRiver Front Times, “If you go to any subdivison, there’s grass and trees and bushes.”

But writing for the Daily Beast, a military veteran argued, “The net effect is a Ferguson police department in name only. In terms of its equipment, organization, and deployment methods, the Ferguson force looks more like an infantry or military police company in Iraq … this military gear transforms the police department into an occupying army, and enables the police to act with such speed and violence so as to destroy any meaningful right to peaceably assemble or address grievances towards government.”

Balkey put it this way in a Reddit AMA before Ferguson: “I think that as bad as the weapons and tactics are, the uniforms might be more pernicious, at least in terms of fostering a militaristic mindset.”

“When you dress like a soldier,” he wrote, “you’re predisposing yourself to start thinking like one. And of course, there’s really no strategic value, unless you’re raiding a forest.”

 

 

War Gear Flows to Police Departments June 9, 2014

Posted by rogerhollander in armaments, Arms, Civil Liberties, Police.
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Roger’s note: I am reminded of the infamous remark made by Malcolm X when President Kennedy was assassinated: “The chickens have come home to roost.”  Local police departments with armored vehicles, machine guns, planes and helicopters, grenade launchers, etc.  I wonder what they can be used for.  Protecting your home from a burglary?  Fraud investigations?  Bank hold ups?  It seems to me that these weapons are geared towards dealing with large numbers, let’s say perhaps, citizen protests?  Please excuse my cynicism, I happen at the moment to be reading “The Rise and Fall of the Third Reich,” and it somehow has a contemporary feel to it.

 

The 9-foot-tall armored truck was intended for an overseas battlefield. But as President Obama ushers in the end of what he called America’s “long season of war,” the former tools of combat — M-16 rifles, grenade launchers, silencers and more — are ending up in local police departments, often with little public notice.

During the Obama administration, according to Pentagon data, police departments have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.

The equipment has been added to the armories of police departments that already look and act like military units. Police SWAT teams are now deployed tens of thousands of times each year, increasingly for routine jobs. Masked, heavily armed police officers in Louisiana raided a nightclub in 2006 as part of a liquor inspection. In Florida in 2010, officers in SWAT gear and with guns drawn carried out raids on barbershops that mostly led only to charges of “barbering without a license.”

Military Equipment for Local Police

As the nation’s wars abroad wind down, many of the military’s surplus tools of combat have ended up in the hands of state and local law enforcement. Totals below are the minimum number of pieces acquired since 2006 in a selection of categories.

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When the military’s mine-resistant trucks began arriving in large numbers last year, Neenah and places like it were plunged into the middle of a debate over whether the post-9/11 era had obscured the lines between soldier and police officer.

“It just seems like ramping up a police department for a problem we don’t have,” said Shay Korittnig, a father of two who spoke against getting the armored truck at a recent public meeting in Neenah. “This is not what I was looking for when I moved here, that my children would view their local police officer as an M-16-toting, SWAT-apparel-wearing officer.”

A quiet city of about 25,000 people, Neenah has a violent crime rate that is far below the national average. Neenah has not had a homicide in more than five years.

“Somebody has to be the first person to say ‘Why are we doing this?’ ” said William Pollnow Jr., a Neenah city councilman who opposed getting the new police truck.

Neenah’s police chief, Kevin E. Wilkinson, said he understood the concern. At first, he thought the anti-mine truck was too big. But the department’s old armored car could not withstand high-powered gunfire, he said.

“I don’t like it. I wish it were the way it was when I was a kid,” he said. But he said the possibility of violence, however remote, required taking precautions. “We’re not going to go out there as Officer Friendly with no body armor and just a handgun and say ‘Good enough.’ ”

Congress created the military-transfer program in the early 1990s, when violent crime plagued America’s cities and the police felt outgunned by drug gangs. Today, crime has fallen to its lowest levels in a generation, the wars have wound down, and despite current fears, the number of domestic terrorist attacks has declined sharply from the 1960s and 1970s.

Police departments, though, are adding more firepower and military gear than ever. Some, especially in larger cities, have used federal grant money to buy armored cars and other tactical gear. And the free surplus program remains a favorite of many police chiefs who say they could otherwise not afford such equipment. Chief Wilkinson said he expects the police to use the new truck rarely, when the department’s SWAT team faces an armed standoff or serves a warrant on someone believed to be dangerous.

Today, Chief Wilkinson said, the police are trained to move in and save lives during a shooting or standoff, in contrast to a generation ago — before the Columbine High School massacre and others that followed it — when they responded by setting up a perimeter and either negotiating with, or waiting out, the suspect.

The number of SWAT teams has skyrocketed since the 1980s, according to studies by Peter B. Kraska, an Eastern Kentucky University professor who has been researching the issue for decades.

The ubiquity of SWAT teams has changed not only the way officers look, but also the way departments view themselves. Recruiting videos feature clips of officers storming into homes with smoke grenades and firing automatic weapons. In Springdale, Ark., a police recruiting video is dominated by SWAT clips, including officers throwing a flash grenade into a house and creeping through a field in camouflage.

In South Carolina, the Richland County Sheriff’s Department’s website features its SWAT team, dressed in black with guns drawn, flanking an armored vehicle that looks like a tank and has a mounted .50-caliber gun. Capt. Chris Cowan, a department spokesman, said the vehicle “allows the department to stay in step with the criminals who are arming themselves more heavily every day.” He said police officers had taken it to schools and community events, where it was a conversation starter.

Photo

Kevin Wilkinson, the police chief of Neenah, Wis., said having a vehicle built for combat would help protect his officers. Credit Darren Hauck for The New York Times

“All of a sudden, we start relationships with people,” he said.

Not everyone agrees that there is a need for such vehicles. Ronald E. Teachman, the police chief in South Bend, Ind., said he decided not to request a mine-resistant vehicle for his city. “I go to schools,” he said. “But I bring ‘Green Eggs and Ham.’ ”

The Pentagon program does not push equipment onto local departments. The pace of transfers depends on how much unneeded equipment the military has, and how much the police request. Equipment that goes unclaimed typically is destroyed. So police chiefs say their choice is often easy: Ask for free equipment that would otherwise be scrapped, or look for money in their budgets to prepare for an unlikely scenario. Most people understand, police officers say.

“When you explain that you’re preparing for something that may never happen, they get it,” said Capt. Tiger Parsons of the Buchanan County Sheriff’s Office in northwest Missouri, which recently received a mine-resistant truck.

In the Indianapolis suburbs, officers said they needed a mine-resistant vehicle to protect against a possible attack by veterans returning from war.

“You have a lot of people who are coming out of the military that have the ability and knowledge to build I.E.D.’s and to defeat law enforcement techniques,” Sgt. Dan Downing of the Morgan County Sheriff’s Department told the local Fox affiliate, referring to improvised explosive devices, or homemade bombs. Sergeant Downing did not return a message seeking comment.

The police in 38 states have received silencers, which soldiers use to muffle gunfire during raids and sniper attacks. Lauren Wild, the sheriff in rural Walsh County, N.D., said he saw no need for silencers. When told he had 40 of them for his county of 11,000 people, Sheriff Wild confirmed it with a colleague and said he would look into it. “I don’t recall approving them,” he said.

Some officials are reconsidering their eagerness to take the gear. Last year, the sheriff’s office in Oxford County, Maine, told county officials that it wanted a mine-resistant vehicle because Maine’s western foothills “face a previously unimaginable threat from terrorist activities.”

County commissioners approved the request, but recently rescinded it at the sheriff’s request. Scott Cole, the county administrator, said some people expressed concerns about the truck, and the police were comfortable that a neighboring community could offer its vehicle in an emergency.

At the Neenah City Council, Mr. Pollnow is pushing for a requirement that the council vote on all equipment transfers. When he asks about the need for military equipment, he said the answer is always the same: It protects police officers.

“Who’s going to be against that? You’re against the police coming home safe at night?” he said. “But you can always present a worst-case scenario. You can use that as a framework to get anything.”

Chief Wilkinson said he was not interested in militarizing Neenah. But officers are shot, even in small towns. If there were an affordable way to protect his people without the new truck, he would do it.

“I hate having our community divided over a law enforcement issue like this. But we are,” he said. “It drives me to my knees in prayer for the safety of this community every day. And it convinced me that this was the right thing for our community.”

Remorseful Jurors Plea to Judge: No Prison Time For OWS Activist May 9, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement, Police.
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Roger’s note: this is a follow-up to an article I posted a few days ago.  Take a good look at our police state and criminal injustice system.

 

Jurors express shock and regret upon learning guilty verdict could land Cecily McMillan in prison for 7 years

- Sarah Lazare, staff writer

Eduardo Munoz/Reuters

A majority of the jury that found Occupy Wall Street protester Cecily McMillan guilty of “felony assault” of the very police officer who she says sexually assaulted and brutalized her appears to be remorseful that the 25-year-old could spend up to seven years behind bars.

Nine of the 12 people who served on the jury have penned a letter to Judge Ronald Zweibel begging for a “lenient” sentence that avoids any prison time. The letter, obtained by the Guardian and dated Tuesday, states:

We the jury petition the court for leniency in the sentencing of Cecily McMillan. We would ask the court to consider probation with community service. We feel that the felony mark on Cecily’s record is punishment enough for this case and that it serves no purpose to Cecily or to society to incarcerate her for any amount of time.

The letter follows initial reactions of shock and regret from some who served on the jury—which was not informed of the verdict’s severe sentencing guidelines during the trial—once they learned McMillan could be incarcerated for years. One juror expressed “remorse” to the Guardian on Tuesday, stating, “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.” Martin Stolar, criminal defense attorney affiliated with the National Lawyers Guild and co-counsel for McMillan’s case, said two other jurors had contacted him with similar expressions of regret, according to the Huffington Post.

During McMillan’s trial, the jury was not informed of the severe sentencing guidelines for the verdict, as is the standard in the United States, except for death penalty cases. Furthermore, they were denied key evidence throughout the trial.

McMillan’s conviction on Monday shined an international spotlight on what critics charge is a failed “justice system” that routinely sides with police—no matter how bad their behavior, dismisses survivors of sexual violence, and criminalizes dissent.

McMillan is described by her supporters as “a 25-year-old organizer” who “has been politically active for over a decade — most notably in the Democratic Socialists for America, the anti-Scott Walker mobilization, and Occupy Wall Street.”

She was one of approximately 70 people detained late the night of March 17/early morning March 18, 2012, when police violently cleared a memorial event marking the six-month anniversary of Occupy Wall Street. McMillan, who had stopped by the park to meet a friend, says she was sexually assaulted by police officer Grantley Bovell while she attempted to leave the area.

“Seized from behind, she was forcefully grabbed by the breast and ripped backwards,” according to a statement by support group Justice For Cecily. “Cecily startled and her arm involuntarily flew backward into the temple of her attacker, who promptly flung her to the ground, where others repeatedly kicked and beat her into a string of seizures.” Following the attack, McMillan underwent treatment for Post-Traumatic Stress Disorder.

Despite numerous allegations that Bovell has inflicted excessive force while on duty, as well as photograph and video evidence of injuries sustained by McMillan—including a hand-shaped bruise on her chest, it was McMillan who was put on trial for felony charges of assaulting Bovell.

According to McMillan’s supporters, what followed was a trial riddled with injustice, in which Judge Ronald Zweibel showed repeated favoritism towards the prosecution. Zweibel imposed a gag order on McMillan’s lawyers, excluded key physical evidence, and ruled that information about Bovell’s past violent behavior, and violence the night of McMillan’s arrest, was not relevant to the case.

“To the jury, the hundreds of police batons, helmets, fists, and flex cuffs out on March 17 were invisible – rendering McMillan’s elbow the most powerful weapon on display in Zuccotti that night, at least insofar as the jury was concerned,” wrote journalist Molly Knefel, who was present the night of McMillan’s arrest.

McMillan, is planning an appeal, but the process could take six to nine months. Meanwhile, Justice for Cecily organizers report that they have been able to visit McMillan where she is being held at Rikers Island, and she has released the following message to her supporters:

“Thank you again for all that you’ve done and continue to do for me- ya’ll are very much loved, and make me feel loved when I’m lying here at night. Please do not feel like there’s anything more you could have done— you all went above and beyond any expectations I had or any standards anyone would have set. Also, please don’t worry about my safety – it is difficult in here, but people (especially the inmates but also many of the corrections officers) have been very kind; several women (re-incarcerates) have taken me under their wing, giving me tea, sugar extra milk and the paper (NY Daily News).“

_____________________

Outrage and Protests Follow Guilty Verdict for OWS Activist May 6, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement, Police.
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Roger’s note: There is nothing new about police brutality in democratic America, but historically we always see an escalation when protests against the injustices of our capitalist utopia themselves escalate (during the Great Depression, for example).  What is frightening is the level of militarization of urban police forces and governments at all levels preparing for mass incarceration as protests rise in proportion to the economic, military and environmental crises at the same time that what was left of constitutional guarantees such as habeas corpus have disappeared.

‘This has become something bigger than Cecily McMillan. It’s about protests and dissent.’

- Sarah Lazare, staff writer

People across the United States responded with outrage after Occupy Wall Street activist Cecily McMillan was found guilty Monday afternoon of “assaulting” the very police officer who she says sexually assaulted her.

Cecily McMillan (Photo: Democracy Now! Screen Shot)

Over 100 people rallied in New York City’s Zuccotti Park Monday night and, according to advocates, messages of support immediately began pouring in from across the country.

“I know Cecily would be in gratitude for how much people care,” Stan Williams of support group Justice for Cecily told Common Dreams. “But this has become something bigger than Cecily. It’s about protests and dissent.”

McMillan’s supporters on Monday filled a New York court room with cries of “Shame!” when the 25-year-old organizer was handed a guilty verdict and then promptly handcuffed and taken away to Rikers Island, where she is currently detained pending sentencing. In a Democracy Now! interview Tuesday morning, Martin Stolar, criminal defense attorney affiliated with the National Lawyers Guild and co-counsel for McMillan’s case, derided her felony verdict—that could land her a sentence of two to seven years with a chance of parole—as “ridiculous” and vowed an appeal.

McMillan was one of approximately 70 people detained late the night of March 17/early morning March 18, 2012, when police violently cleared a memorial event marking the six-month anniversary of Occupy Wall Street. McMillan, who had stopped by the park to meet a friend, says she was sexually assaulted by police officer Grantley Bovell while she attempted to leave the area. “Seized from behind, she was forcefully grabbed by the breast and ripped backwards,” according to a statement by Justice For Cecily. “Cecily startled and her arm involuntarily flew backward into the temple of her attacker, who promptly flung her to the ground, where others repeatedly kicked and beat her into a string of seizures.” Following the attack, McMillan underwent treatment for Post-Traumatic Stress Disorder.

Yet, despite numerous allegations that Bovell has inflicted excessive force while on duty, as well as his previous involvement in a ticket-fixing scandal, it was McMillan who was put on trial for felony charges of assaulting Bovell.

According to McMillan’s supporters, what followed was a trial riddled with injustice, in which Judge Ronald Zweibel showed repeated favoritism towards the prosecution and imposed a gag order on McMillan’s lawyer.

Facing photographic and video evidence of McMillan’s bruises following the attack, including a hand-shaped bruise on her chest, as well as the testimony of dozens of witnesses, the prosecution went so far as to claim that McMillan had imposed the injuries on herself.

“In the trial, physical evidence was considered suspect but the testimony of the police was cast as infallible,” writes journalist Molly Knefel, who was present the night of McMillan’s arrest. “And not only was Officer Bovell’s documented history of violent behavior deemed irrelevant by the judge, but so were the allegations of his violent behavior that very same night.”

“To the jury, the hundreds of police batons, helmets, fists, and flex cuffs out on March 17 were invisible – rendering McMillan’s elbow the most powerful weapon on display in Zuccotti that night, at least insofar as the jury was concerned,” Knefel added.

Yet, according to Kristen Iversen writing for Brooklyn Magazine, McMillan’s verdict is not just the outcome of one unfair trial, but rather exposes “systemic” failures of justice: “The failure is that McMillan was given the exact kind of trial that our system is set up for, one that supports the police no matter how wrong their behavior, one that dismisses victims of sexual assault in astonishing numbers.”

Lucy Parks, field coordinator for Justice For Cecily, said McMillan’s supporters are busy figuring out next steps, with plans to organize petitions, call-in days, and other mobilizations in the works.

“We’re also trying to bring together communities of U.S. activists and anyone who feels strongly about this trial to try and heal and move forward and broaden the conversation about the justice system to talk about more people than just Cecily,” Parks added.

Reactions and reports are being posted on Twitter:

Pete Seeger and the NSA February 4, 2014

Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, History, Police.
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Roger’s note: Of course, the recent revelations about NSA outdoing George Orwell is no laughing matter.  But if you need a moment of lightness today, click in the first paragraph on Pete’s testimony before HUAC.  It reads like a Monty Python skit.  With the persecutions of Chelsea Manning, Julian Assange, Edward Snowden among others, and the hounding to death of Aaron Swartz, the U.S. government is just getting started in putting its mega data collection to use.  When the political protests heat up to the next level, I believe we are going to see the same kind of witch hunts that we saw under the era of Joseph McCarthy, only much worse.  Those who lived through that period of history can tell you what it is like to be persecuted by the government for your First Amendment protected beliefs.  Perhaps what is most frightening is the militarization of local police departments, and we saw what state violence against legitimate political protest will look like during the brutal repression of the Occupy Wall Street Movement.  Whether you are brought up before a Kafkaesque like official United States government kangaroo court or bashed over the head with police baton or run down by a Homeland Security issues armored vehicle, the chilling result is the same: fascism in our day.  
That it occurs under the auspices of the affable and articulate constitutional lawyer who is the first Black American president or the feisty and charming soon to be first woman American president, will not do much to soften the blow.

 

Published on Tuesday, February 4, 2014 by Deeplinks Blog/EFF

by Cindy Cohn

I am not going to answer any questions as to my association, my philosophical beliefs, or how I voted in any election, or any of these private affairs. I think these are very improper questions for any American to be asked, especially under such compulsion as this.

Pete Seeger, 1955, testimony pursuant to subpoena before the House Un-American Activities Committee.

Pete Seeger (Image: EFF)

The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seegerlast week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.

In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:

I will be glad to tell what songs I have ever sung, because singing is my business. . . .  But I decline to say who has ever listened to them, who has written them, or other people who have sung them.

But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.

According to the Constitution, the government is supposed to meet a high standard before collecting this private information about our associations, especially the political ones that the Congressmen were demanding of Seeger. For instance, under the First Amendment, it must“serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.”

It doesn’t matter whether the government wants associations to look for possibly “illegal” activities of civil rights activists, Communist sympathizers, anarchists, trade unionists, war resisters, gun rights activists, environmental activists, drug legalization advocates, or wants to go after legitimate criminals and potential terrorists, if the government can’t justify the collection of this “metadata” on this “strict scrutiny” standard, they’re not allowed to collect any of it. Yet right now, they collect all of it.

We’re still learning of all the ways the government is able to track our associations without anything like the due process and standards required by the First and Fourth Amendments, but it is the centerpiece of the NSA’s mass telephone records collection program under Patriot Act section 215, which EFF is fighting with our First Unitarian Church v. NSA case that focuses on the right of association.  Our lead client, the First Unitarian Church of Los Angeles, had its own role in resisting the House Un-American Activities Committee. It’s also part and parcel of the mass collection of content and metadata of people all around the world under section 702 of the FISA Amendments Act. And it’s a real concern even if the companies hold the data, as we’ve seen with the FBI’s self-certified National Security Lettersand the Hemisphere program, where AT&T employees are embedded in government investigations so that they can more readily search through our phone records for the FBI, the DEA and others.

Each of these programs effectively allows the government to do to you what Pete Seeger refused to let them do to him—track your associations, beliefs and other private affairs without proper legal protections.  And they can do this at scale that was unimaginable in 1955, thanks to the digital nature of our communications, the digital tools that allow them to search automatically rather than by hand and the fact that so much more about these private affairs is in the hands of third parties like our phone and internet companies.

While Seeger escaped jail, he was convicted of contempt for his failure to answer these questions. Thankfully Joseph McCarthy and the Un-American Activities Committees were later widely condemned, and Americans understandably look back sadly and with embarrassment on time when the Committee forced Americans to reveal their own associations, along with the associations and beliefs of others.  With the passing of moral and artistic heroes like Seeger, we should redouble our efforts to make sure that our “private affairs” remain safe and the government’s ability to access them remains subject to careful controls.

Join us on February 11 for the day we fight back against mass surveillance.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License.
Cindy Cohn

Cindy Cohn is legal director for the Electronic Frontier Foundation (EFF), as well as its general counsel, coordinating over 40 national class action lawsuits against the telecommunications carriers and the government seeking to stop warrantless NSA surveillance

Not Guilty By Virtue of Videotape, Which, Unlike the Police, Doesn’t Lie March 1, 2013

Posted by rogerhollander in Criminal Justice, Occupy Wall Street Movement, Police.
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03.01.13 – 12:04 PM, http://www.commondreams.org

by Abby Zimet

In the first jury trial stemming from Occupy Wall Street protests, activist and community organizer Michael Premo was found innocent of all charges after his lawyers presented video evidence that directly contradicted the story told by police and prosecutors. Premo was facing felony charges of assaulting an officer during a demonstration in Lower Manhattan that also drew clergymen. Police said he tackled officers as they were kettling protesters, but unearthed video from Democracy Now showed that in fact police threw him down to the ground. Lesson of the day: Keep filming.

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gardenernorcal19 minutes ago

Keep those cameras running folks. It’s your only protection. The fact that the police lied about what they filmed is just incredible. Thanks to a Democracy Now camera man this guy is free.

In the police version of events, Premo charged the police like a linebacker, taking out a lieutenant and resisting arrest so forcefully that he fractured an officer’s bone.

Now the only question is how did the cop get his bone broken. It clearly wasn’t by this protester.

I suggest if you attend a protest carry a charged camera, know how to turn it on fairly easily, carry a bandana and some form of glasses for pepper spray and ear plugs. And buddy up. Never be out there on your own

Cases add up of LAPD assaults on restrained suspects November 19, 2012

Posted by rogerhollander in California, Los Angeles, Police.
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Monday, Nov 19, 2012 03:14 PM EST, , www.salon.com

Cases add up of LAPD assaults on restrained suspects LAPD officers(Credit: Jose Gil / Shutterstock.com)

A cop Tasered a handcuffed women in fourth case in recent months of LAPD using force on detainees

The LA Times reported over the weekend that an LAPD officer was witnessed shocking a handcuffed woman with a Taser gun while “joking with other officers at the scene.” Just days after a federal jury ruled that Chicago police officers upheld an entrenched “code of silence” in covering up each others’ wrongdoing, reports have emerged to show that Los Angeles cops have lied for two years about the Tasering incident.

The LA Times reports:

Officer Jorge Santander… appeared to lie about the December 2010 incident repeatedly in written reports. The three other LAPD officers who witnessed Santander stun the woman all corroborated his version of events when first questioned and failed to tell supervisors that one officer had recorded a video of the encounter, the records show.

The video shows Santander firing the Taser without warning and later displaying a Superman logo he wore on his chest beneath his uniform, according to the records. Off camera, another officer is heard laughing and singing.

… This marks the fourth time in the last few months that cases have come to light in which LAPD officers are accused of using force on suspects who had been restrained.

… In August, a security surveillance camera captured an officer violently throwing a handcuffed woman to the ground with any apparent provocation. Days later, the Times reported on a July incident in which a video camera in a patrol car recorded a female officer stomping her heel onto the genitals of a woman who was being restrained by other officers. That woman died after being forced into the back of a patrol car, although there is no evidence that her death was caused by the officer’s kick. And this month The Times learned about a botched arrest in July, in which a handcuffed man was mistakenly shot by officers after he escaped custody.

Despite statistics suggesting that there are around 1,700 cases per year of inappropriate force with less than lethal weapons by the LAPD, “department officials rejected the idea that the cases add up to a larger behavioral pattern,” reported the LA Times. “Cmdr. Andrew Smith called them ‘isolated, unrelated cases in which officers got out of line’.” However, the police officers’ attempts to slide Santander’s Taser incident under the rug echo the police culture indicted last week by a federal court — whether LAPD officials admit to a pattern or not.

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