Category Archives: psa

Rewarding lying cops: America’s crisis of faith

There is a crisis of faith in America. A crisis that exposes the deep chasms that exist in our society. Traditionally a community caretaking function, and thus deserving of the highest levels of faith, trust and respect, policing in America is now a flashpoint; a litmus test through which to determine which side of the privilege aisle you rest your head on.

A Gallup poll released last week showed that while police departments were one of the institutions that Americans on average had the highest confidence in (57% overall), this was belied by deep divides among racial and political lines. Although, it should be noted, that 57% confidence in an institution whose sole function is to protect the lives and liberties of fellow citizens is truly an abysmal number.

Mathematics suggests that this overall percentage would be higher if police departments decided to make an effort to treat black individuals with the same care and respect they seem to treat white individuals. Blacks trust police at around 34% and urban blacks even less so.

Can you blame them? After the events of the last 5 months, starting with the death of Michael Brown, through to the homicides of Eric Garner, John Crawford and Tamir Rice, through to the mass demonstrations, the no-protesting zones, the “rioting”, the curfews, the non-indictments of Darren Wilson and Daniel Pantaleo, all of this piled onto the overwhelming yoke of stop and frisk, tough-on-crime, the drug war and a lost generation, is there any reason to expect that black Americans should trust any police officer?

Is it any surprise that there is no faith in the community caretaking function of visitor-officers, who are increasingly not a part of the community they purport to keep secure? Do we have any right to demand respect for people like Cleveland Police Patrolman Union chief Jeffrey Follmer who repeatedly refer to a slain 12-year old boy as “the male” and justify the actions of a police officer who almost immediately upon arriving at the scene shoots and kills that child? Why would any level-headed, rational, liberty-loving American give any modicum of respect to a police officer who believes, like so many before him, that it is their job to give orders and civilians’ jobs to obey and get out of the way, or die.

“How about this: Listen to police officers’ commands. Listen to what we tell you, and just stop,” he said. “I think that eliminates a lot of problems.”  “I think the nation needs to realize that when we tell you to do something, do it,” he added.

This is an actual statement by an actual police officer made in 2014 in the Greatest Country in the World, with all its individual freedoms and liberties.

Is there any wonder that there is no respect for police officers, when, on the one hand our courts repeatedly remind us that there is no greater public policy interest than one that ensures the truthfulness and integrity of police officers. These are the people we pay to protect us at night as we sleep. These are the people whom we ask to step in front of bullets for us. These are the people of whom we expect honesty, compassion and a desire to “serve and protect”.

Though if you were to step into a criminal courthouse in America, you would see that there is less truthfulness and more truthiness – truth that wouldn’t stand to be held back by facts – when it comes to testimony from police officers. Is it any wonder, then, that when black Americans accused of crimes confront their Blue Uniformed accusers and listen to them twist and churn and shuffle the truth into truthiness, that they would lose all respect?

I know of no sensible, pot-smoking, drug dealing individual who, upon being approached by police officers, would roll down his windows and offer up the information that he was carrying a lot of marijuana in the car. Yet this account of spontaneous confession is among the most popular narratives to be recounted in police reports across the state and, I suspect, the country.

I am sad to report that courts accept this ludicrous version of events. Is it because they willingly turn a blind eye to a dubious report of an encounter with an eye to a greater good – getting the drugs off the street – or is it because they truly have no experience in the world that is the subject of these prosecutions that they must believe that all Americans are Police fearing first and God second. For it is true that the police “serve” and “protect” the demographic that has up to very recently been the one that overwhelmingly populates our judicial benches.

Malice is not required to discriminate against others and I am certainly not implying that such malice exists. The injustice is a product of the way the system is set up and has been for decades.

Yet how do we ask our fellow citizens to trust and respect the police, especially when dishonest behavior on their part is not only not punished by our courts, but rewarded.

Earlier this week, our supreme court reinstated the employment of a police officer who had been terminated for lying while on the job. In a 3-2 opinion [PDF], the majority concluded that while there existed a strong public policy in requiring police officers to be honest, because this particular officer’s lies weren’t frequent or under oath, it wasn’t worth him getting fired. They cite to Brady v. Maryland as an example of the police’s duty to be honest and seek justice, which is ironic, because a prosecutor in Texas has just filed suit against his office for firing him for disclosing exculpatory information. But back to this case.

Officer Justin Loschiavo, of Stratford, CT, was suffering from epilepsy but had them under control. One day, in 2009, he suffered a seizure, lost control of his patrol car and struck two other vehicles. While no one was injured, he was removed from patrol duty. Over the course of the next 6-9 months, he sought to be reinstated. To that end he got clearance from his personal physician and then met with someone the town had hired to evaluate him.

Turns out, he removed documents pertaining to his seizures and his alcohol use from the file that he turned over to the town’s doctor. It was for this lie that the town sought to terminate him.

The majority makes a big deal of the fact that he didn’t lie to other officers or in the performance of his duties, but as the dissent from Justice Palmer points out [PDF], these are absurd statements: he lied and he lied to remain a police officer. He lied about his medical condition which could put others at risk. If that doesn’t strike at the very heart of what a police officer is supposed to do: be honest, be sincere and help others, then I don’t know what would. It makes no difference that he didn’t lie under oath. How are we to trust that when he does take the stand, with someone else’s liberty at stake – that what comes out of his mouth will be the truth and not some self-serving statement?

Justice Palmer concludes:

In sum, the town had no choice but to terminate Loschiavo’s employment as a police officer because his intentional and serious dishonesty has grievously compromised his credibility and integrity, and he has been rendered unfit to serve as a sworn officer.

I think the same can be said of black Americans’ view of police departments as a whole.

[This is my latest at the CT Law Tribune.]

3 images about Ferguson you need to have handy today

I bet you’re all going to hang out with family today. All families, by law, have one or two racist fucktards who are gonna go on and on about how the Officer was defending himself and acting properly in the line of duty. They’re not gonna get it, but to explain that requires reading.

Here are three images – because people like your Uncle Bill aren’t the best at reading good – that you should print out and shove in their faces:

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Via. Note the staggering number of NA for Darren Wilson.

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Via. There’s more at the link.

And if you really want to troll someone – and why wouldn’t you? – there’s this:

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Via.

Happy Thanksgiving.

1 thing you should do after Ferguson

There are lots of websites out there giving you advice on what you can do to help and change things after Ferguson.

It’s cute. It’s stuff like “understand things better” or “hold hands y’all” or “be good to each other” or “realize that black lives matter”.

It’s hogwash. None of that will change anything. I’m here to give you the straight dope. The skinny. The real deal. The inside info.

Here’s what you should do to change things.

  1. Get on a jury.

  2. Vote to acquit.

Done. The more marginal, he-said she-said, uncorroborated, victim-less crimes you acquit defendants of, the less incentive there will be to prosecute such crimes, the less injustice there will be, the fewer police resources will be spent on bullshit and fewer people will die.

Here’s a comedian telling you essentially the same thing, but funnier:

This isn’t about Michael Brown

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This isn’t about Michael Brown1. Or rather, it isn’t about just Michael Brown. It certainly isn’t about only this Michael Brown. It’s about race, power and a system that just affirmed itself.

It’s about anger at a system which has trained the powerless to accept their lack of power over and over again. It’s about anger at a system, that despite the promises of the civil rights era, has only affirmed the status quo: some lives are worth more than others. Some people will always get punished more harshly than others.

It’s about anger that those who are the most underprivileged, the most disenfranchised continue to be subjugated under the guise of the best system in the world.

It’s about anger that the ethnic majority has historically viewed and continues to view minorities as dangerous and frightening. It’s about anger that the majority is doing its best to clutch onto its slipping grasp through intimidation and fear.

Michael Brown was shot and killed by a police officer, like many, many others have been shot and killed by police officers. Darren Wilson wasn’t indicted or charged for that shooting like an overwhelming number of police officers haven’t been charged. While whites are certainly victims of police brutality, minorities are overwhelmingly so.

The anger is because it seems that Michael Brown was shot because of his race – and that doesn’t mean Officer Wilson shot Michael Brown specifically because Michael Brown was black. Rather, Wilson shot Brown because of what he believed about black people; what we’ve all read and heard about black people; what we’ve all been conditioned to realize about black people; what popular media regularly portrayed black people as.

wilson-testimony-1

And more:

So when he stopped, I stopped. And then he starts to turn around, I tell him to get on the ground, get on the ground.

He turns, and when he looked at me, he made like a grunting, like aggravated sound and he starts, he turns and he’s coming back towards me. His first step is coming towards me, he kind of does like a stutter step to start running. When he does that, his left hand goes in a fist and goes to his side, his right one goes under his shirt in his waistband and he starts running at me.

At this point it looked like he was almost bulking up to run through the shots, like it was making him mad that I’m shooting at him.

And the face that he had was looking straight through me, like I wasn’t even there, I wasn’t even anything in his way.

Like an animal. Michael Brown was an animal to Darren Wilson.

That’s what this anger is about. That this non-indictment exposed the gaping race chasm in America: white people love police and authority when it comes to maintaining the social order. That social order is fairly simple: there are the whites who can do whatever they want, then there are the “criminals” and the “minorities” and the “gays”, except those that act like the white people. The system exists to contain the teeming masses of minorities/criminals and to keep them in check. If a black man is killed by a police officer, well that’s his fault.

As I’ve written before, for White America, the police force exists as a private security force, to keep them and their belongings safe and secure and separate from the uncouth, uncivilized and dirty Blacks and Hispanics. (Here’s another must-read on the subject from The Atlantic.)

For the rest of America, the police force is sadly nothing but an oppressor acting with the imprimatur of the greatest Democracy in the World.

That’s what this anger is about. It’s about the death of one boy, for sure, but it’s also about the death of the right to be free and the right to be equal in America.

It’s about the death of Dr. King’s dream.


Fear the death of rights

Human rights, individual rights. We all have rights. We all should have the same rights. Yet we often withhold those basic rights that we’d want for ourselves from others in civilization because we dislike or disagree with them. Why is that? Is that because we’re afraid of them? Some of them, undoubtedly, have forfeited the right to have those protections – either for a short period of time or forever – but the easiest road to stripping humans of their inherent rights is to treat them as inhuman.

We are also incredibly selective in our willingness to recognize the existence of these rights. Some, in America, recognize the First Amendment rights, but only for groups they support. Some recognize only Second Amendment rights. Some are willing to subjugate all the rights to their personal interests without any sense of irony.

We, in America, have built a society upon a foundation of individual freedom and inalienable rights but we constantly pile heaps upon heaps of fear and ignorance on that bedrock to the point that it is now so completely obscured that it remains a distant memory.

It is a difficult thing to do, to be honest: to stand firm on your principles and be honest and true to them in the face of overwhelming fear, emotion and sensationalism. As humans, we are also petty, cheap, jealous, base and vindictive. Tolerance is an achievement, not an inherent state of existence. The ability to hold two conflicting ideas in one’s head takes effort, whereas vilification of some ‘other’ takes nothing but the triggering of some base emotion.

We are also social creatures. We have the herd mentality. We need to be part of a greater whole. We want to be liked. We want to be wanted. We need approval. And approval is most easily gained by further dumping on those that the majority is already abandoning. Joining the crowd and appealing to base instincts of fear and ignorance and hatred is far easier than standing firm against that tide.

This is why it makes perfect sense that judges do, perhaps subconsciously, succumb to negative advertising and shy away from standing behind principles of freedom, equality and due process. That’s why politicians lose their seats because of spurious allegations of “supporting child molesters”. It’s why the Debo Adegbile‘s of the world can’t get the recognition they deserve.

When we decide whether certain rights (guns) should be granted based on whether we like the people who are seeking those rights (gun nuts) then we decide that rights aren’t rights at all, but rather privileges that can be taken away without any recourse.

When that happens, it won’t matter if you’re a child molester or a law-abiding citizen owning a firearm. You’ll be as much of a criminal in the eyes of everyone else.

 

 

Death by any means

It’s bad enough that the duty of prosecutors to disclose and give to the accused any exculpatory and impeachment evidence is entirely self-regulated. It’s quite another when prosecutors flout that requirement to obtain convictions while hiding behind the quickly falling veil of justice. It’s worse yet when they intentionally hide evidence in a case in which they are seeking to murder the accused.

This may sound familiar to you and that’s because I wrote back in February about Virginia prosecutors and their quest to kill Justin Wolfe. If only this were a follow-up to that post. It is not. This is yet another instance of prosecutorial hide-the-ball in a death penalty case, this time from Colorado in the case of Sir Mario Owens1.

Determined to demonstrate just how far he believed Arapahoe County prosecutors had strayed over the line in the effort to obtain the death penalty against his client, defense attorney Jim Castle resorted to a visual aid. During a hearing late Friday, he presented District Judge Gerald Rafferty with a wheeled cart piled with documents that he said prosecutors were obligated to turn over to the defense before trial but failed to do so — a transgression of due-process rights known as a Brady violation.

“There are so many violations in this case, I can’t cover them all,” Castle said. “How did this happen? This shouldn’t happen. If it’s allowed, we will accept a new low for justice in Colorado.”

I’m not going to go into a long-winded rant about the injustice of this. I’ll just let you see how outrageous it is.

  • [Co-defendant] Robert Ray’s wife, LaToya Sailor, testified that she wasn’t willing to come forward about what she knew until after Owens was arrested because she feared Owens would harm her son. Despite the fact that police documents indicate Sailor was already cooperating with authorities prior to Owens’ arrest, prosecutors made her supposed need to be protected from Owens “an issue in the case” and hammered away at it to the jury.
  • Another document withheld from the defense indicated Sailor, the beneficiary of a car from then-District Attorney Carol Chambers, had initially offered to assist in an accessory case against Ray but didn’t want to tie him directly to the Marshall-Fields shooting. (Ray was sentenced to death for Marshall-Fields’s murder and received a life sentence for Wolfe’s death.)
  • Witness Jamar Johnson was facing two counts of conspiracy to commit murder if he failed to cooperate in the Ray-Owens prosecution, but defense attorneys weren’t made aware of that possible motivation or how it might have shaped his testimony.
  • Greg Strickland, the only witness to identify Owens as the shooter of Marshall-Fields and Wolfe, testified that he’d received no assistance in any of his own cases in return for his testimony. But records indicate he received a plea deal in Adams County in exchange for his cooperation.

Some prosecutors take the position that if they don’t ask or know about information that would tend to prove the accused’s innocence, then they don’t have to abide by the Constitution. DA Carol Chambers apparently subscribed to that school of thought, because this isn’t the first case in which her ethics were called into question.

It is precisely this blood-lust that leads to a convict-at-all-costs attitude. And when the priority is a conviction, it is justice that dies.