PEOPLES MOVEMENT

Seeking solutions to social ills, I've set out to document struggles disturbing the peoples' mind, causing hardships in some instances even death to others.
It is my hope that someday these causes will be eliminated that a better society is established for all.
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Posts tagged "police"

At 1:14 you can hear a police officer say “Hey guys, everybody lock somebody up,” talking to a bunch of other police officers after protestors left Union Square on Sept. 24. This is just after the police arbitrarily arrested Glenn Davis Jr., as seen here . This is just before things got really ugly at the intersection of W. 12 Street and University Place, as seen here and here .

via youtube

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While sites like The Pirate Bay grab most of the headlines in the BitTorrent world, there is another thriving part of the eco-system which attracts much less attention. The Internet currently plays host to many hundreds, probably thousands, of so-called private BitTorrent trackers.

These sites usually require an invitation to become a part of and tend to be much more organized than their public counterparts. Not that public sites are disorganized as such, but with limited resources and means of generating funds for survival, admins on private sites tend to keep a relatively tight leash on members and content availability in order to keep their sites healthy.


SceneTorrents – The Untold Story

One such site, SceneTorrents (ScT), had been working the private scene for nearly 4.5 years but on 27th November 2009, it all came crashing down. Filling an initial information vacuum in which rumor spread like wildfire, staff eventually said that the site would close forever, citing “pending legal issues.”

ScT

“Well ScT started in 2005 and apart from the odd take down request by Warner and a few others, things were plain sailing!” ex-owner of ScT ‘Feeling’ told TorrentFreak.

“Roll on 27th November 2009, the police turn up at my door at 6am – two detectives, a few police and a Proceeds of Crime officer.”

Of course, for those growing ever more familiar with anti-piracy enforcement in the UK – particularly those following the failed legal actions against TV-Links and FileSoup – the police were not on their own.

Along with the police came two investigators from FACT – the Hollywood-funded Federation Against Copyright Theft.

“The police handcuffed me and arrested me for copyright theft and money laundering,” Feeling told us.

“They then asked me to show them every room in the house before leading me off down my driveway and then into the back of a police van. In the mean time I see more FACT officers enter my home to search it while I was in the back of the van. At 6am in winter it is mighty cold, I can tell you that!”

Feeling was then driven a few miles to the nearest big police station where he was taken into custody and held in a cell. Several hours later his questioning began.


Interrogation

Led by a Detective Chief Inspector and joined by a Proceeds of Crime officer and one investigator from FACT, Feeling was accompanied by a duty solicitor.

“The police started off asking me about ScT, how long it had been running, my part in it and my knowledge of what was going on. They also questioned me about other sites I had no part in but they thought I did,” Feeling explained.

“The FACT guy sat there most of the time just listening, and he would chirp in now and then with his limited knowledge of BitTorrent and P2P.”

While Feeling notes that FACT had limited knowledge of what they were investigating, the police had even less idea.

“The police did not know a single thing about BitTorrent, P2P or anything else like that,” he explains. “I found it quiet disappointing that FACT had told the police that I was a major criminal to get them to arrest me and search my house.”

Convincing the police that file-sharing site operators are major criminals is a speciality of FACT – they have managed that in many cases already including TV-Links, FileSoup, SurfTheChannel and AradiTracker, to name a few.


Hunted down by Hollywood, with help from unlikely allies

The FACT officer present had a file in his possession which contained photographs of Feeling, but quite how they tracked Feeling down to his home address has never been revealed – he didn’t have his name or address on the site’s server bills or PayPal account.

However, TorrentFreak put it to Feeling that enemies of SceneTorrents were perhaps not to be found exclusively at the MPAA, but also in another ‘group’ a lot closer to home. From 2006 to 2009, the Warez Scene had waged an on/off campaign to compromise SceneTorrents and its staff. The information revealed by them, although it wouldn’t stand up in court as-is, would certainly have been welcomed by FACT. Some of it was incredibly sensitive.


Running a criminal case is no problem for Hollywood

“At the time of the arrest I thought it was the police that were running the whole thing, but I have later learned through the police telling me that it is FACT that are running the show and it is them who have my stuff up in Scotland,” Feeling explained.

FACT

At one point FACT, a private company, actually got involved in the interview.

“The FACT officer asked if I downloaded TV shows and if so, which ones?” Feeling told us. “I replied with ‘one or two’, and named Top Gear. He then went into a rant about stopping a DVD sale.”

Feeling asked the FACT guy about the free availability of these shows on the BBC iPlayer and how they may or may not affect DVD sales. “He didn’t say much after that,” he said.

Once the interview process was completed, Feeling was required to give a DNA sample and have his picture taken. He was then released on bail and given a date in February 2010 to return.

At home he discovered items had been taken by FACT – two Xboxes, a PC, portable hard drives, a phone, and even cash. Later that evening the phone and money were returned but Feeling was required to sign documents granting access to his bank accounts.


The End of SceneTorrents

“After they had left I logged onto MSN on a friend’s PC and told djgrrr [a trusted staff member] to shut SceneTorrents all down,” Feeling explained.

ScT rip

As in the FileSoup case, Feeling was not ordered by the police to close SceneTorrents. This enabled staff to post up a message and leave the forums open to give the members some information and allow them time to find new homes.

However, the fact that the site had remained up, at least partially, caused issues among some site members. ScT had just completed a donation drive to get money for new hardware and some felt that having successfully pulled in money, shutting down had always been the plan. Of course, Feeling would’ve liked to have set the record straight, but due to his serious legal position, he couldn’t do that at the time.

While Feeling was getting arrested, another ScT staff member was also suffering the same fate. Discussions between the pair ended in a shared conclusion – no more torrent sites. “It just wasn’t worth it anymore,” Feeling told us.


The endless wait for justice

Then in February, just two days before Feeling was due to answer his bail, the Detective Chief Inspector (DCI) handling the case contacted him. The police were still waiting for a response from the Crown Prosecution Service (CPS) on how to proceed and a new bail date was set for May 2010.

In May the same thing happened again, and a new date was fixed for July. But while July duly arrived, the same could not be said about a decision from the CPS. No new date was set and several months later Feeling was wondering what on earth was going on.

“Christmas 2010 came and I called the DCI to find out what is going on and what was taking so long,” he explained. “They told me they were waiting on advice from the CPS but it was nearly resolved and we would find out more information in the New Year.”

But then in March 2011, Feeling read an article on TorrentFreak about the mess surrounding the now-failed case against FileSoup, again with FACT at the helm.

With cases failing all around them, FACT don’t have a good record when it comes to successful file-sharing site prosecutions so Feeling’s lawyers are now pressing the police to get something done about these continuing delays.

TorrentFreak has learned that admins of another UK-based torrent site are in the same position as Feeling. We have a hunch who that could be, although we could not get that confirmed at this stage. When we have the news of the outcomes in both cases, we’ll post an update.

As reported briefly yesterday, FACT continue with their drive to close down UK-based file-sharing sites with the assistance of the police, but without a successful prosecution to their name despite many arrests, one wonders for how long this can continue.

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Join us on Sunday, March 13th, 2011, @ 5PM @ the Brecht Forum, for the all-engaging, informative, interactive event: WE ARE ALL KENNY LAZO. On the night of April 12, 2008 Kenny Lazo was pulled over by Suffolk County New York police officers. Little is known about what happened next except that Kenny was handcuffed, forced down on the ground, beaten and choked with flashlights by 5 officers. The Suffolk County coroner ruled Kenny’s death as a HOMICIDE as a result of his injuries at the hands of the police department at the 3rd Precinct in Bayshore, Long Island.

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Demonstrators clad in black threw flares and a large firework at police during a melee that began where an officer shot to death a homeless woodcarver last summer, authorities said Sunday.

An officer transporting a prisoner first noticed the gathering Saturday night and reported that the group discharged a fire extinguisher at his patrol car as he drove by. Other officers responded and found that the group had painted anti-police obscenities on the street and a nearby building.

The group also placed makeshift tire-flattening spikes in an intersection, the police department said in a news release. Many wore black, covered their faces with bandanas and carried signs advocating violence against police.

The havoc began near the intersection where Native American woodcarver John T. Williams was shot and killed last August, just a few seconds after Officer Ian Birk ordered him to drop his small knife. The shooting has been ruled unjustified, but prosecutors recently announced they would not file criminal charges. Birk has resigned from the department.

Last week, Seattle Mayor Mike McGinn announced that he was declaring Sunday John T. Williams Day. Williams had had dozens of run-ins with police and threatened to kill officers just a week before he was shot.

The protesters walked away from the intersection when police showed up, leaving behind paint cans and rollers as well as light bulbs filled with paint. Investigators speculated that they had planned to throw the bulbs at officers or buildings.

Reconvening nearby in the Capitol Hill neighborhood, they threw a large firework that bounced of a cruiser before exploding — an explosion that could have injured officers or passersby, the department said. Some tossed newspaper boxes and trash cans into the street and sprayed fire extinguishers into traffic.

The group did not have a parade or demonstration permit, police said. As the demonstrators dispersed, three were arrested for investigation of rioting, pedestrian interference and obstructing.

via msnbc.com

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Earlier this month the New York Police Department ran an anti-terrorism exercise simulating an attack on the city. But it was an exercise with a difference, the Wall Street Journal reported in its Tuesday edition.

A team of terrorists unleashed a coordinated series of bombings and gun attacks around the city in the simulation. At one point, terrorists attacked New York police officials visiting wounded officers in a hospital. By the time the day-long attacks were over, dozens of people had been killed and many more wounded.

The NYPD simulation was different from any of the terrorist incidents that have actually hit New York, such as the Sept. 11, 2001, attacks when terrorists hijacked planes to destroy the World Trade Center, or the foiled Times Square car-bombing attempt in May of this year.

sports_story_lower sports_page quigo_lower 1482096 871776 440 225 * —>

Instead, the simulation deliberately mirrored the 2008 massacre in Mumbai. Within minutes of one another on the night of Nov. 26, 2008, 10 gunmen attacked various locations in the Indian capital, including two luxury hotels, a hospital and a railway station. The attack stretched on for three days as hostages were taken at several of the locations. Ultimately, 174 people were killed.

Until Mumbai, NYPD counterterrorism officials felt reasonably comfortable that they were prepared for any type of terrorist attack. But that comfort level was built on preparing for a single event, not a series of coordinated attacks that would terrorize a city for days on end.

“The Mumbai attack two years ago was a bit of a game changer,” Mitchell Silber, head of the NYPD’s intelligence analysis division, said. “It was a model that most counterterrorism practitioners hadn’t really considered.

“The armed gunmen roaming around the city taking hostages, that wasn’t something we had seen by any jihadist group. That was a real eye-opener.”

Silber said the more NYPD officials learned about the Mumbai attacks “the more similarities we saw between Mumbai city and New York City.” Both, he said, are financial centers; both are surrounded by water on three sides; both get intense media attention.

The latest simulation made additional sense, he said, in light of the rumors this past fall that jihadists were planning another “Mumbai-style” attack somewhere in Europe.

The department has taken other steps to prepare for a similar attack.

Since Mumbai, the NYPD has trained and equipped an additional 375 officers to use “heavy weapons” for a prolonged siege situation, Paul Browne, the NYPD’s spokesman said.

The heavy weapons — MP5 submachine guns and Mini-14 semiautomatic carbine rifles — are needed to counteract military-style assault weapons like the ones used in Mumbai.

via nypost.com

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  • Ashlei Quinones
    Persecution complex: The Internal Affairs Bureau at 315 Hudson Street
    Persecution complex: The Internal Affairs Bureau at 315 Hudson Street
  • C.S. Muncy
    Filing a lawsuit as
    Filing a lawsuit as “John Doe,” a gay detective in IAB says he is constantly harassed.
  • C.S. Muncy
    Detective Michael DePaolis is in official limbo as he is watched by IAB cameras while he works.

    Detective Michael DePaolis is in official limbo as he is watched by IAB cameras while he works.
  • C.S. Muncy
    Detective Michael DePaolis
    Detective Michael DePaolis

Details:

NYPD Tapes: The Series
The NYPD Tapes Part 1
Inside Bed-Stuy’s 81st Precinct
The NYPD Tapes, Part 2
Bed-Stuy street cops ordered: Turn this place into a ghost town
The NYPD Tapes, Part 3
A Detective Comes Forward About Downgraded Sexual Assaults
The NYPD Tapes, Part 4
The WhistleBlower, Adrian Schoolcraft
NYPD Tapes 5: The Corroboration
A Bronx police officer secretly tapes his precinct

Follow continuing coverage of the NYPD Tapes here at our Runnin’ Scared blog.

Earlier this year, the Voice uncovered a troubling pattern of how the NYPD operates, relying on secretly recorded tapes to show that street cops are under intense pressure to achieve seemingly contradictory goals set down by their superiors. Years of recordings, lawsuits, and testimonies by active and retired police officers reveal that Ray Kelly’s police department has been on an intense program that punishes innocent bystanders while intimidating and harassing actual crime victims.

We’ve heard relatively little, however, about the NYPD wing that is supposed to be watching for these kinds of injustices: the Internal Affairs Bureau. Until now.

More officers have come forward, telling the Voice that the secretive police-department-within-a-department is as troubled as the rest of Kelly’s operation. To illustrate this, we will look at three unrelated Internal Affairs cases: One involves a Queens woman who says she was stalked, harassed, and impregnated by an NYPD sergeant; the other, a veteran detective stuck in a dead-end job requiring him to watch surveillance video all day; and the third, a gay cop in the Internal Affairs Bureau itself who faced constant harassment over his sexual identity. (The NYPD did not respond to detailed questions about these cases.)

Taken together, the three cases highlight several themes about the current Internal Affairs Bureau.

For one, all IAB complaints are supposed to be confidential. That rule is necessary because police officers who complain about their colleagues can and do face retaliation. But the reality seems to be that an officer’s home command will find out fairly quickly that an Internal Affairs complaint has been made. Several officers have complained to the Voice that shortly after they filed complaints with Internal Affairs, their home commands knew about it and then pursued various types of retaliation against them.

Second, whether big or small, IAB cases seem to plod through the system at the same snail’s pace. There doesn’t seem to be any mechanism to deal quickly with a minor case—an office dispute, for example. Thus, cases drag on, and aggrieved, frustrated cops turn to the courts to resolve their issues. That, in turn, costs the city more money in legal bills and settlements.

Third, it’s impossible—even for the people who file the complaints—to find out what was done and what happened with a complaint. Internal Affairs investigators often don’t return complainants’ phone calls.

Fourth, it seems that often, very little happens with a complaint—and it takes a long time not to happen.

Finally, the system is fairly capricious, and its decisions are often puzzling. In two cases with similar circumstances, one detective might be allowed to retire without charges, while another might be charged and face termination. And because of the insular nature of today’s NYPD, it’s not likely you’ll find out why. Police officers who fall out of favor are just as likely to receive an unfavorable assignment as face a charge—a point made by a former departmental trial commissioner now in private practice.

The gay detective assigned to Internal Affairs tells the Voice that there were times when IAB bosses did not take complaints seriously, gave them short shrift, wrote out reports to make the complaints seem less serious than they were, and allowed cases to linger on unresolved. He recalls one Internal Affairs detective who often spent time at work using the Internet to shop for clothes and plan vacations, and another co-worker who routinely looked at pornographic photographs at work.

“The classic line of ‘It’s under investigation’ just means it’s gathering dust on someone’s desk, particularly in my case,” says the officer, who asked the Voice not to use his name. “There is no confidentiality. I had no sense that the complaints were taken seriously or treated confidentially.”

One of the IAB’s primary responsibilities is to protect the public against cops who abuse their positions. Consider, then, the case of Jessica Varney, a 23-year-old African-American woman from Queens who fell prey to a sergeant in a Ridgewood, Queens, precinct, who used his badge to pressure her to date him, then stalked her and ultimately threatened her with violence, according to a notice of claim filed by her attorney, Joel Berger.

Varney was impregnated twice by the sergeant. She had an abortion the first time, but carried the second child to full term.

She tells the Voice that she met Sergeant Robert Ellington in October 2008, a period when she was fighting with her landlord at 1874 Harmon Street in Ridgewood over lead paint in the apartment and other matters.

Ellington was initially helpful about the dispute, she says, and then solicitous, calling her every day, and eventually persuading her to go out with him. “He asked me if I liked Italian guys. He said he wanted to get to know me more,” she says. “He got very personal, talking about divorcing his wife. I was shocked. I didn’t know this guy.”

Ellington eventually persuaded Varney to go out with him, but she expected something simple, in the neighborhood. Instead, he took her to Atlantic City.

Varney says she was very uncomfortable about the whole thing, but she went along with it. Next, he brought her to his house on Long Island. “That’s when things got weird,” she says. “He has this camera, and he says, I like you, find you attractive. My wife doesn’t satisfy me.”

“We’re aware of Ms. Varney’s allegations, and we’re confident in the end that Sergeant Ellington will be exonerated,” Ellington’s attorney, Bruno Gioffre, tells the Voice. Gioffre declined to address Varney’s specific allegations because the case is still under investigation by the NYPD.

Ellington asked her to “satisfy” him. She refused, but he insisted. Holding a camera, he told her that she wasn’t going home until she performed a sex act with him. She says she fled to the bathroom. He convinced her to come out, and then, she claims, he gave her a glass of water that made her feel light-headed. She didn’t pass out, she says, but she “felt looser, and kept seeing camera flashes.”

“When I came to five hours later—it was 6 a.m.—he was smiling,” she says. “He says you really satisfied me. He told me he had taken pictures, and he showed me the camera.”

Ellington, she says, brought her home, and then kept calling her, asking for a second chance and even giving her son a toy fire truck.

That January, he appeared at her apartment again, and Varney asked him for the pictures he had taken of her. He insisted that she ride with him to get them.

“I just wanted to get out, but he drove me to his house on Long Island,” she says. “He handcuffed me in the bedroom and left me there. Then he comes back, and I tell him I want to go home, but he says you’re not going home until you do what I want.”

Varney claims that Ellington then took her to his basement and locked her down there for another four hours. He also took her phone and purse. “He’s telling me I disrespected him, and this was my punishment,” she says. “After that, I gave in and let him do whatever. I didn’t know what else he was going to do. I didn’t think he would let me leave.”

Finally, Ellington drove her home, both apologizing and accusing her at one point of “trying to make him angry.” She says she was terrified.

Eventually, Varney went to the 104th Precinct to file a complaint, but it didn’t seem to go anywhere. Ellington learned of it and threatened, she claims, to make her life “a living hell.”

In the meantime, she began to reconcile with her son’s father, Domingo Figueroa. Figueroa ended up getting arrested at their apartment for “violating an order of protection” by officers from Ellington’s precinct, the 104th.

She had another bizarre encounter with a cop from the 104th Precinct. A lieutenant, she claims, came to her apartment to talk about her order of protection against Ellington.

“He asks me to use the bathroom, comes out, and says, ‘I like the shape of your lips, your eyes—you’re an attractive woman,” she claims. He says, ‘Can we work something out?’ I said, ‘You’re scaring me.’ He says, ‘Give me a hug and I’ll leave.’ I told him to leave. He grabs me, puts his tongue in my mouth. He grabs my right hand and puts it on his penis. I’m crying.”

Varney claims that when the lieutenant left, he said, “I’m going to leave, but we need to finish this. It’s Valentine’s Day, and I don’t have anyone.”

The following day, the lieutenant called Varney to apologize. But that same day, February 15, she was arrested based on a complaint filed by her landlord.

The lieutenant appeared at her cell that day, and told her he was releasing her, she says. “I’m doing you a favor, and you owe me a favor,” she says he told her.

At the end of February 2009, Varney moved in with her mother—mainly to get away from Ellington.

In late September 2009, Ellington appeared at her house on Long Island. He told her that if he couldn’t have her, no one could have her. He told her that his wife had found out about her. Varney says he slapped her, pushed her against a wall outside her home, and drew his firearm. “He had that gun in my face and against my stomach,” she says.

A neighbor called the Suffolk County police. An officer arrived and began questioning them. The officer asked her if she wanted to press charges. She says she was scared of Ellington, so she made up a story that someone else had assaulted her.

But the Suffolk County officer, sensing something was strange, insisted on speaking with her outside of Ellington’s hearing. She later went to the 5th Precinct in Suffolk County, made a complaint, and got an order of protection from the court against Ellington.

Ellington was finally arrested in January for menacing with a firearm and endangering the welfare of a child. “He had to be arrested for what he did,” she says. “It wasn’t even a relationship. It was harassment.” He was placed on modified assignment after his arrest, and he was transferred to a housing police precinct. Since then, the case has been pending in the Suffolk County District Attorney’s Office.

Varney’s attorney, Joel Berger, says he’s concerned that the case has run aground mainly because three different prosecutors have been assigned to the case, but none of them will return his or Varney’s phone calls.

“Suffolk seems to be dragging its feet on the case,” Berger says. “Either they aren’t interested or maybe Internal Affairs is giving them a hard time. It would be one thing if the cops didn’t believe her, but she impresses me as a total innocent. They believed her. So why—suddenly—aren’t the prosecutors believing her?”

Varney says she filed a series of complaints with the NYPD’s Internal Affairs Bureau about officers at the precinct, including Ellington. She has had no indication that IAB has done anything about those complaints.

Internal Affairs, Berger says, doesn’t seem to have looked seriously into any of the complaints his client filed. “With IAB, you just never know what’s happening,” he says. “In the NYPD, it seems that who you know is more important than what you did.”

He filed a notice of claim on Varney’s behalf in February.

Robert Clifford, a spokesman for the Suffolk County District Attorney, did not respond to Voice e-mails requesting comment. Mary Skiber, the prosecutor currently assigned to the case, also did not return Voice e-mails.

Ellington is facing another lawsuit for falsely arresting one of Varney’s neighbors, Gerardo Mayol, who then suffered a stroke in custody that left him with slurred speech and an unsteady gait.

Mayol claims he was about to testify against Varney in an eviction case brought by their landlord. He claims she got Ellington to send police officers to arrest him on a stalking charge. He claims Ellington threatened to “put my fucking foot up your ass,” the lawsuit alleges.

Mayol says he subsequently fell ill, but no ambulance was called until he keeled over from the stroke. He spent 20 days in the hospital. When he returned to his apartment, Ellington visited several times, banging on his door and threatening to arrest him. Mayol’s arrest was dismissed.

The lawsuit claims that both Ellington and a “Lieutenant John Doe #1” “were involved in a furtive relationship with Varney.” The lawsuit alleges the two officers have “shown themselves to be morally unfit to hold such important and powerful positions in our society.”

Varney, for her part, claims that Mayol was harassing her over a period of months. Berger says that she will be dismissed as a plaintiff under the rules for court deadlines.

Mayol is suing Ellington, four other NYPD officers, and Varney for $540 million. Mayol’s lawyer, Brian King, has alleged in court documents that the city is dragging its feet in the case, and is demanding a default ruling from the court.

The city has denied the allegations and has asked the judge to delay proceedings until the completion of the Internal Affairs investigation. Earlier this month, a judge agreed to stay the case, but the NYPD Department Advocate’s Office has filed preliminary charges against Ellington.

“The Mayol incident occurred in February 2009, and his lawyer filed a notice of claim on May 1, 2009, so Ellington was probably on IAB’s radar screen at the time he allegedly pulled his gun on Varney in September 2009,” Berger says. “How could a guy like Ellington have gotten away with so much for so long? Who does he know in IAB or elsewhere in the NYPD who has protected him?”

If the mystery in the Ellington case is why IAB took so long to act against him, for Detective Michael DePaolis, the mystery is why IAB acted at all.

For the past six years, DePaolis, an 18-year veteran of the NYPD from Staten Island, has been marooned in a unit where officers spend all day sitting at desks and watching video screens. He gets paid close to $100,000 a year to do that.

DePaolis, however, is on full duty, unlike every other officer in Viper Four, a unit that is mainly staffed by officers on desk assignment with open disciplinary cases. The Viper Four unit monitors video cameras in public-housing developments in Lower Manhattan—and the NYPD also trains cameras on Viper Four to make sure the officers don’t wander away from those screens.

DePaolis says the Viper office is dirty, dark, and ridden with rats and mice. He acknowledges that he has struggled with cancer and has bouts of chronic fatigue syndrome, but he has been cleared to work full duty.

Even stranger, he has been repeatedly instructed not to take police action, even when he sees a crime take place right in front of him. He has actually received reprimands for taking action, including responding to a stabbing and an assault.

DePaolis tells the Voice that he desperately wants to return to a detective squad and work cases. So far, no one in the NYPD is listening. “Even if you see someone being raped, you can’t do anything,” he says. “You can’t go anywhere. You can’t ‘do a great job’ and be advantageously transferred. You have a scarlet letter on your head.”

So why is he in such limbo? DePaolis says he dared to go outside the department to complain about the way he was treated in a disciplinary case. He made a complaint to the Civilian Complaint Review Board (CCRB), the moderately effective oversight body that has a $10 million annual budget to oversee more than 6,000 complaints a year from New Yorkers. The NYPD budget is more than $4 billion.

He made the CCRB complaint as a result of how he was treated over an issue about real estate. While he was an NYPD officer, he also owned property in Staten Island and was accepting tenants from the federally funded Section 8 program. Since Section 8 is technically operated by city government, he was accused of doing business with the city while a city employee.

DePaolis was never charged with a crime, and the disciplinary charges were eventually settled for a minor penalty. Unhappy with how he was treated in the dispute, however, he complained to the CCRB, which then made him a target of the Internal Affairs Bureau, he says.

“He made a complaint to the CCRB, and for that reason, they have been torturing him,” says DePaolis’s lawyer, Rae Downes Koshetz. “That’s the way they send a message. And it’s certainly a poor use of taxpayers’ money to be paying someone $100,000 to stare at a video screen.”

For many years, Koshetz was the deputy commissioner of trials for the department. She says that in recent years, the department has found ways to get around the adversarial disciplinary system in which officers get to defend themselves.

“The courts have let the police commissioner have a lot of discretion in assignment,” she says. “There really has been an institutionalized circumvention of due process [in the NYPD]. They use punitive assignments to punish people.”

Most recently, DePaolis received a favorable write-up in the Staten Island Advance in a story about a woman who committed suicide by jumping off the Staten Island Ferry. The woman, who had no next of kin, was going to be buried in Potter’s Field, but DePaolis and the director of a local funeral home have offered to put up the money to bury her properly. Since the article, he was able to track down a relative of the dead woman. “During the wake, they actually gave me a round of applause,” he says. “It was a feeling I couldn’t even explain to you.”

In a period when the NYPD is down thousands of officers, one has to wonder why a career guy like DePaolis is sidelined, yet listed as full duty. One would think he could be useful as an investigator.

Finally, there is the story of a gay detective in Internal Affairs, who filed a lawsuit against the NYPD and persuaded a judge to allow him to file it anonymously under the name “John Doe.”

John, a 33-year-old former stockbroker who grew up on Long Island, claims that he has been harassed repeatedly for his sexual identity since he started as a police officer in the 103rd Precinct in Queens. The harassment got so bad that he asked for help in a letter that was hand-delivered to the police commissioner by his father.

“I wanted out of that environment,” John says. “They said, go to IAB.”

In May 2007, John transferred to Internal Affairs, but not before a fellow cop told him, “This will follow you wherever you go,” the lawsuit says.

John, who was asked to take complaints from the public, describes a “frat-house” environment in IAB, where flirting between male and female cops was commonplace, and terms like “fudgepacker,” “meat gazer,” “homo,” and “faggot” were used constantly about civilian complainants, and often directed at him. At one point, a sergeant came over to him with a banana between his legs and asked him, “Is this the size you like?”

John claims in his lawsuit that he told these co-workers not to use the epithets, and even suggested they shouldn’t handle complaints filed by gay people because they were so intolerant toward them.

At another point, a co-worker walked over to John’s desk and said, “You’re a meat gazer. I just caught you looking at my package.” For more than a year in 2008 and 2009, this co-worker called John a “meat gazer” several times a week, the lawsuit says.

Another time, John claims, a police officer simulated a vagina with two fingers and told him, “Your kind does not know what to do with it.”

“The most disturbing thing is that it has been continuing for years,” says one of John’s lawyers, Ishmael Secondas. “They don’t have tolerance for gay people. The comments were outrageous. Humiliating, degrading comments.”

John began filing complaints about the anti-gay remarks and his claims of harassment. “I was upset and stressed out about the harassment and abuse, and so I filed an IAB complaint,” he says. “After I filed the complaint, they told me they were taking my gun and shield, and ordered me to see a department psychiatrist.”

The first question that the psychiatrist asked him was whether he was going to bring a lawsuit, he says. “My first thought was, how is that question relevant?” he says.

After that, John got his gun and shield back, and was moved to a unit that issues parking placards for NYPD employees. Even though he was a detective, he was given a clerk’s duties. “Half the place is staffed by detectives, but they aren’t even performing detective duties or functions,” he says. “They actually have clerks doing the same work.”

His bosses, he says, started giving him a lot more work than the other people in the office. He complained, and his supervisor brought charges against him for insubordination. “They made my life miserable,” he says. “There was a backlog, and I was given 1,700 parking-related complaints to follow up on.”

Rather than being credited for coming forward, John instead found himself targeted by his bosses, he says. He says they knew very quickly that he had filed a complaint. A lieutenant told him, “You know what I’m talking about. You called [Internal Affairs Bureau] Chief [Charles] Campisi’s office and complained about me.”

And a sergeant told him, “If you make any more complaints, it’s not going to be good for you.”

On a third occasion, a different sergeant told him, “Why don’t you call Chief Campisi’s office and complain as you did in the past?”

“They can’t prevent the confidential information from being leaked,” Secondas says. “He was basically punished for making a complaint.”

Subsequently, he says, he requested at least five different transfers out of the unit, but those requests were ignored over a period of months, until he was finally moved to the IAB records unit at the beginning of October. He has since transferred to the court section.

Meanwhile, John was himself charged with a department infraction of duplicating his shield. He described the charge as “trumped-up” and further evidence of retaliation against him. He has never received any response for his various complaints to IAB. None of the officers he complained about have been disciplined, he says. And last September, he complained to Police Commissioner Ray Kelly’s liaison to gay and lesbian officers. He got no response.

“I’ve never had a case like this,” Secondas says.

grayman@villagevoice.com

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MARION, Ala. (AP) — A former state trooper took a plea deal Monday in the 1965 slaying of a black man that prompted the “Bloody Sunday” march at Selma and helped galvanize America’s civil rights movement.

Indicted for murder more than four decades after the fatal shooting, James Bonard Fowler, 77, pleaded guilty to a lesser charge of second-degree manslaughter and was sentenced to six months in jail.

It was a mixed victory for civil rights era prosecutions. The prosecutor and Jackson family members did not get the murder conviction they sought, but the jail time and an apology from Fowler seemed to help close a painful chapter in U.S. history.

Bloody Sunday helped lead to the passage of the Voting Rights Act, and the killing of Jimmie Lee Jackson was an integral part of that story.

The shooting resulted in no charges for more than 40 years until a new prosecutor — the first black elected district attorney in Perry County — resurrected the case in 2007.

Witnesses at the time said Jackson was trying to protect his mother and grandfather, who had been clubbed to the floor in Mack’s Cafe in Marion, Ala. after a protest march from a church turned chaotic on the night of Feb. 18, 1965. Fowler said he fired in self-defense when Jackson went for the trooper’s gun.

The case is the latest in a string of long-unresolved killings from the civil rights era brought to court by a new generation of local and federal prosecutors. Among them were murder cases brought nearly 40 years later against Thomas Blanton and Bobby Frank Cherry, two former Ku Klux Klansmen convicted and sentenced to life terms for a 1963 Birmingham church bombing that killed four black girls.

Fowler’s murder trial had been set for Nov. 29.

District Attorney Michael Jackson, no relation to the victim, recommended the manslaughter plea to the family. He said he wanted Fowler to acknowledge what he did, apologize to the family and serve some time behind bars.

“This is almost like a death sentence for him at his age,” he told reporters at the courthouse.

But the slain man’s daughter, Cordelia Billingsley, said, “This is supposed to be closure, but there will never be closure.”

Fowler apologized to Jackson’s family after entering the plea. He also said he didn’t mean to kill anyone.

“I was coming over here to save lives. I didn’t mean to take lives. I wish I could redo it,” he said.

Defense attorney George Beck said Fowler agreed to plead guilty to the reduced charge because he was concerned he couldn’t get a fair trial in Perry County and his health is poor.

“He wants to put it behind him,” he said. “It puts to rest a long chapter of civil rights history here in Perry County.”

Witness accounts at the time had described a trooper shooting Jackson. But the officer’s name was not widely known until Fowler, in a 2005 interview with John Fleming of The Anniston Star, said he fired the shot because Jackson “was trying to kill me.”

“I don’t remember how many times I pulled the trigger, but I think I just pulled it once, but I might have pulled it three times. I don’t remember,” he said in the interview with Fleming, a founder of the Civil Rights Cold Case Project, which examines unsolved civil rights killings in the South.

In the Bloody Sunday protest set off by Jackson’s shooting, troopers and deputies attacked marchers after they crossed the Edmund Pettus Bridge over the Alabama River. The violence brought new waves of recruits and support to the movement. The Rev. Martin Luther King Jr., who preached at Jackson’s funeral, later led the Selma-to-Montgomery march that prompted passage of the 1965 Voting Rights Act.

Fowler was sentenced Monday to six months in jail in Geneva County, his home county. The district attorney said Geneva County was chosen because of safety concerns if Fowler were jailed in Perry County, where the shooting happened.

In 2005, Jackson, the district attorney, became the first black prosecutor in the district that includes predominantly black Perry County. He reopened the case at the urging of activists and black residents and took it before a county grand jury, which indicted Fowler in May 2007.

Many of those who were in Marion that night are dead. News reporters were beaten and cameras destroyed, with no pictures left of what happened. None of the witnesses who appeared before the grand jury actually saw the shooting, but some were on hand when about 500 marchers were halted by club-swinging officers, who said they were pelted with bricks and bottles.

Fowler, who was not called to testify before the grand jury, said Jimmie Lee Jackson hit him on the head with a bottle before the shot was fired in self-defense.

One of the witnesses called to the grand jury was Vera Jenkins Booker, the night supervising nurse at the Selma hospital where Jackson died. She said he told her what happened.

“He said, ‘I was trying to help my grandfather and my mother and the state trooper shot me,’” she said in an interview after the indictment.

The district attorney faced a dilemma most other civil rights “cold case” prosecutors didn’t — the accused was an officer involved in law enforcement, not someone carrying out an act of racial violence like a church bombing.

Fowler’s has been the most drawn-out of the cold-case prosecutions so far. Three years and two months elapsed between the indictment and 2004 conviction of white supremacist Byron De La Beckwith for the shooting death of Medgar Evers in Mississippi in 1963. Fowler was indicted in May 2007 — three years and six months ago.

The delay was chiefly because of disagreements between the prosecutor and Circuit Judge Tommy Jones, who is white. Jackson had challenged the judge’s order to give the defense a list of potential witnesses and their expected testimony. On appeal, the Alabama Supreme Court ruled the judge went too far.

The plea agreement was reached while Jackson was seeking an order to remove Jones from the case.

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On Friday, former BART cop Johannes Mehserle was given a jail sentence of 2 years for the ‘involuntary manslaughter’ of Oscar Grant. Subtracting time served and ‘good behavior’, Mehserle will be back on the streets in as little as 7 months.

Community members took to the streets in protest, and after the cops sealed an entire city block off, calling it a ‘crime scene’, 152 people were arrested. That is more arrests than ANY other Oscar Grant-related protest as of yet.

Most arrestees have been cited on misdemeanor charges and released. Those folks all have mass arraignments in the first week of December. We will be calling for a mass show of court support for those days. Stay Tuned.

Six people continue to be held, and each have arraignments scheduled for this coming Tuesday, November 9th. Please come to court to show support for people who stood up for justice, spoke truth to power, and continue to be punished for it. The following are their court times and departments (rooms, all at Wiley Manuel Courthouse @ 661 Washington Street in
Oakland):
9am, dept. 107 – 1 person
2pm, dept. 107 – 1 person
2pm, dept. 112 – 4 people

Finally, Raquel Sharp is being charged criminally with a misdemeanor as well as civilly (being sued) for events on the night of Mehserle’s verdict (July 8th). Raquel has asked for as many people as possible to show up to her pre-trial TOMORROW morning, 9am in Department 104 at Wiley Manuel Courthouse on the corner of 7th and Washington streets in Oakland (661 Washington).

Support the Oakland Rebels! Stay strong!
-the Oakland 100 Support Committee

PS-As always, we’re fundraising! All donations directly support people who’ve been charged with crimes related to protesting for justice for Oscar Grant and against racist police brutality. More information and online donations can be made here:

http://supporttheoakland100.wordpress.com/supportdonate.

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The Village Voice has learned that New York City’s Police Department has spent nearly two years covering up an ugly, alcohol-fueled street brawl in which 10 rookie cops beat up a taxi driver outside a trendy Upper East Side bar. The NYPD has allowed the rookies’ boss—a captain who witnessed the fight but didn’t act to stop it and left the scene without speaking to investigators—to escape scrutiny.

None of the rookies were charged criminally with the December 2008 assault. Instead, it was the cab-driver victim who was arrested, records show. Meanwhile, the captain, William Pla, was subsequently promoted to commanding officer of the 23th Precinct in East Harlem.

And Sergeant Anthony Acosta, the man who waded into the melee and broke up the assault—a highly decorated sergeant who has made more than 1,000 arrests in his 20-year career—was slapped with administrative charges and chained to a desk without his gun or his shield for almost two years.

“I spend a lot of time trying to figure out how this happened,” Acosta tells the Voice. “I did everything right. I feel like the lesson is, you know what, mind your business, stay in your house, don’t get involved. I’m not one of those conspiracy people, but how the hell did I end up in this position?”

The cover-up and punishment of the officer who tried to break up the fight is another glaring example of how internal justice is meted out in Ray Kelly’s NYPD. In the “NYPD Tapes,” published earlier this year, the Voice showed how another whistleblower who has tried to bring NYPD injustice to light, Adrian Schoolcraft, was punished by being forcibly put into a hospital mental ward.

This new case also offers lessons about the byzantine world of One Police Plaza, where miscreants are promoted and do-gooders are punished by an arcane, plodding bureaucracy that operates almost entirely outside of public scrutiny. The Voice sent a detailed e-mail to the police department press office. There was no response.

In conversation, Sergeant Anthony Acosta, 44, is so professional that he insists on addressing civilians with the word “sir,” even when he’s off-duty. He is a stocky man, five-foot-six, 195 pounds, inked with a series of tattoos down his thick forearms that reference his days as a United States Marine.

He grew up in the Polo Grounds public housing development and East Harlem. His mother left him and his siblings when he was 10 years old. They then lived with his father in an abandoned building on East 103rd Street. When he was 14, Acosta moved alone into an apartment provided for him by his uncle, and started working to help pay the rent. He worked in the city’s summer youth jobs program, and actually lied about his age to work in an ice cream parlor and a movie theater.

Acosta had planned to go to college after he graduated from Murry Bergtraum High School, which happens to be located next door to police headquarters. But his girlfriend—later his wife—got pregnant, so he joined the Marines to help pay for the expenses.

Acosta was a Marine for five years, from 1984 to 1989. He worked embassy security details in Lebanon, Yemen, Saudi Arabia, and elsewhere, and was also assigned to a task force that responded to terror incidents. (Years later, he would take a 2005–2006 leave from the NYPD to go to Iraq and help train its new police force.)

From the Marines, he went straight into the police academy. While he was still a cadet, Acosta responded while off-duty to a fire in a building next to his apartment. A mother had fled the apartment, leaving her two kids behind. Acosta climbed the fire escape, got into the apartment, and carried one of the kids to safety. He went back to rescue the second child, but fell ill from smoke inhalation. Fortunately, firefighters arrived and made the second rescue.

After he graduated from the academy, he went from patrolman to sergeant and worked in a succession of precincts in Manhattan and the Bronx. He worked in both uniform and plainclothes anti-crime units. Currently, he is the field intelligence officer for the 30th Precinct in Washington Heights, a highly sensitive and coveted post that involves “debriefing,” or interviewing, suspects for information about other crimes.

During his NYPD career, he has amassed more than 1,000 arrests—a large number relative to most other officers. He has also earned 76 medals, including the Medal of Valor, one of the department’s highest honors. He routinely receives high ratings in work evaluations.

He earned the Medal of Valor for arresting two men involved in a home-invasion robbery, after exchanging gunfire with one of the men. In another notable case, he arrested a pimp who had kidnapped a child to force her mother to prostitute herself. He set up a sting in which the mother convinced the pimp to meet with her. Once the pimp was arrested, the child was found unharmed in a Bronx motel.

In another case, he spotted a naked woman staggering away from a taxi cab. She had been raped by a pimp. Acosta arrested the cab driver for fleeing the scene, and helped catch the rapist, which led to the seizure of firearms from an apartment in the Polo Grounds Houses.

Following a rash of shootings in the 41st Precinct in Hunts Point, Acosta’s anti-crime team arrested 19 people on homicide, assault, and drug charges. And there was the case in which he helped catch a drug crew and seized $400,000 in cash, five guns, and 18 kilos of cocaine.

Over 20 years as a police officer, Acosta had never spoken to a reporter before he agreed recently to give an interview about the incident outside the bar on December 17, 2008, that led, in its bizarre way, to his exile from the street.

The evening began normally enough, he says. According to his very detailed notes, he finished his tour at the 3-0, and met up with some colleagues at the Dinosaur Bar-B-Que under the West Side Highway. Then, after dinner and one drink, he headed to the Vudu Lounge at East 78th Street and First Avenue for a Christmas party organized by Captain William Pla, the commander of Manhattan North Impact, a unit composed of rookie officers sent to flood high-crime areas.

Acosta parked across the street, walked inside, paid Pla the $60 party fee, and chatted with some of the officers present. At about 11:30, the captain told everyone the party was over, and Acosta left.

He crossed the street, sat in his car, and made a couple of calls on his cell phone. He got out of his car to respond to what turned out not to be an accident, and then noticed someone being assaulted across the street in front of the bar.

A group of rookie cops had spilled out of the Vudu Lounge. Traffic on northbound First Avenue was going very slowly at that moment, and the rookies took the opportunity to cross against the light.

The young officers crossed in front of a yellow taxi driven by Levelle DeSean Ming, a 41-year-old Brooklyn man.

Ming had just come back from a trip to Kennedy Airport. He was about 10 hours into his shift. At the time, he was making about $400 a day as a hack, but he had to kick back half of that to the cab owner. He had child support and other debts to worry about.

“I was sitting there, and I tapped the horn, and I said to myself, ‘Wow, people don’t know how to act when they’re drunk,’ ” Ming tells the Voice in an interview. “But this guy heard me, he was intoxicated, and he said, ‘What did you say?’ “

That guy, Ming later learned, was Police Officer John Virga. Virga reached through the window and punched Ming three times in the face. Ming says he opened the driver’s side door and began to get out, but Virga slammed the door against Ming’s chest three times, bruising his ribs.

Ming finally got out of the car, which turned out not to be a great idea. “I got out, he punched me more, I fought back, and then other people jumped in, punching and kicking me,” he says. “I got knocked down. I got beat up bad. They must have hit me 30 or 40 times.”

The telephone switchboard in the NYPD’s dispatch center began to light up with calls.

“You got to get the cops over,” says a Park Avenue doorman from New Jersey in his 911 call, who spoke to the Voice under the condition that his name be withheld, and happened to be in his car right behind Ming’s cab that night. “They’re beating the shit out of a cab driver. About 15 guys. They’re fucking jumping him.”

Seconds later, the doorman adds, “They’re getting a two-by-four. I’m witnessing a big two-by-four being picked up.”

“He honked his horn,” the doorman tells the Voice. “They went ballistic, started punching his window, being dickheads. The cabbie did nothing wrong.”

He continues to confirm details of Acosta’s story: “The traffic was very slow. These guys came stumbling out in the street. One of them stepped in front of his taxi. All the cabbie did was honk the horn. They came over screaming at him and tried to pull him out of the taxi.”

“I could have been the same guy,” he says. “They didn’t belong in the street. They obviously had a few drinks in them, and they thought they could do whatever they wanted.”

In the second 911 call, a man tells a police dispatcher, “There’s a fight breaking out here, right in the middle of First Avenue.”

In the third call, a woman looking down from her window says, “A bunch of young people are chasing another person into the street. Oh, my God, they’re in the middle of First Avenue.”

“Any weapons?” the dispatcher asks.

“I saw a whole group chasing after one person, and I could hear somebody screaming, ‘Let him go, let him go.’ “

Acosta was off-duty. He could have kept driving, let the incident take its course, let uniformed cops handle it, but he wasn’t the type of officer to walk away when there is a potential crime taking place.

“The altercation appeared to be growing,” he writes in his notes. “I observed Captain Pla, his female companion, and several other people and other sergeants and lieutenants on the sidewalk watching the altercation escalate… . To me, the situation appeared to become violent, so I decided to take police action by intervening and dispersing the crowd.”

One of the off-duty rookies was indeed holding a two-by-four, and was pushing his way through a crowd that appeared to be attacking the cab driver. Acosta identified himself and tried to grab the piece of lumber. “I’m a cop, let go,” Acosta said. At that point, the cop dropped the two-by-four and took a swing at Acosta’s face.

Acosta pushed his way through to Ming, the cab driver. He persuaded Ming to get out of the situation by getting back in his cab. Acosta put himself between the cab door and Ming, as the irate rookies tried to grab the driver, and tried to push the crowd back. With help from another off-duty sergeant, he ordered the crowd to disperse.

The woman with Captain Pla started screaming at the off-duty cops involved in the fight. “You’re animals,” she shouted. “You’re savages. What are you doing?”

In the aftermath, as police sirens wailed toward the scene, several of the officers involved in the fight tried to flee. But they were stopped by plainclothes anti-crime officers.

Ming says some of the rookies told him to leave the scene. “I was like, wait a minute, there’s something else going on here,” he says.

It was only when the rookies were stopped by the anti-crime officers that Ming learned they were cops. “When I saw the shields, I was like, all this time, they are cops?” Ming says.

In the aftermath, a detective drove Ming to the precinct for questioning. In the car, the detective pledged to help him out. “He says, ‘If you have any problems, let me know,’ ” Ming says. “He tells me I didn’t deserve any of this.”

A sympathetic captain wandered by as Ming was waiting to be interviewed by Internal Affairs. “We don’t need cops like that,” he told Ming. “They’re not acting with good conduct.”

Pla, Acosta says, remained on the sidewalk as the melee occurred, watching but not taking action. He says that, as the senior officer present, Pla should have intervened.

“He knows these guys, they work for him, he should have done something,” Acosta says. “If those cops had been civilians, they would have been arrested.”

As uniformed officers from the 19th Precinct began to arrive on the scene, Acosta says that Pla made a phone call.

As the anti-crime officers removed the off-duty cops from their car, Acosta walked up behind a uniformed officer named Mazzilli, who was looking on, tapped him on the shoulder, and said, “Officer, I’m a cop and I saw what happened.”

Mazzilli spun around and grabbed Acosta by the wrist and demanded he remove his hand from his pocket. But because of the way his wrist was being held, Acosta couldn’t take his hand out of his pocket.

Mazzilli, Acosta says, got angry, and repeated his demand. Acosta replied, “Listen, I’m a sergeant. Take it easy. I will do what you want, but you have to let go of my wrist.”

“I don’t give a fuck who you are,” Mazzilli replied.

Mazzilli struck Acosta once in the face and threw him face-down to the ground. The irate officer then handcuffed Acosta. Acosta sustained bruises and a small cut to his face. He also hurt his back in the fall. He was dizzy and upset.

A sergeant subsequently uncuffed Acosta and had him sit in the unmarked SUV. While he was sitting there, he noticed that Captain Pla was still on the scene. He tried unsuccessfully to call and text Pla. There was no response.

He was approached by a lieutenant, who asked for his identification card. He asked the lieutenant if he could leave the SUV to speak with Pla.

“I pointed across the street to Captain Pla and I said, ‘That gentleman right there, he’s a captain,’ ” Acosta testified. ” ‘He saw everything that happened.’ “

The lieutenant refused.

“Captain Pla can’t do shit for you,” the lieutenant said, according to Acosta. “You’re better off just sitting in the car and shutting up.”

Acosta was taken to the 19th Precinct stationhouse, where he spent most of the night in the roll call room, while investigators tried to sort out the incident.

He was sitting in the muster room with a delegate from the Sergeants Benevolent Association when he was approached by an Inspector Harrington. The inspector wanted Acosta to sign a statement that read that he had broken up the fight, but failed to identify himself when he approached Officer Mazzilli.

“Listen, this is an unfortunate incident. This is what you’re going to say,” the inspector said, according to Acosta.

Acosta refused to make that statement because it wasn’t true. He had repeatedly identified himself. “I told my delegate that I don’t know what’s going on here, but I’m going to say the truth of what happened,” he says.

He told the SBA delegate, “This is fucked up. How am I in this situation? How are cops beating someone else? There’s an off-duty captain that sees the whole thing, and he’s not being brought back here. This is wrong.”

In the often topsy-turvy world of the NYPD, Acosta now became a target for disciplinary charges. He was told that he was being placed on modified assignment for the “good order of the department,” and his gun and shield were taken from him.

Then he went to the hospital, where he was treated for minor cuts and bruises.

Two days later, he was formally interviewed by department investigators, which is sort of like having a colonoscopy. He would be formally interviewed twice more, as the case began to take on a life of its own. The department even interviewed his brother, who is a detective in the 33rd Precinct. Acosta’s two-year ordeal had begun.

“They interview my brother, who wasn’t even there, but not Captain Pla, who was clearly there,” Acosta says.

Meanwhile, police bosses were preparing a “49,” an official report on the incident. The report was prepared by Captain James Ryan, Inspector Michael Harrington, and Deputy Chief Denis McCarthy, the second-ranking officer in Manhattan North.

But a review of the report by the Voice indicates that it contains misstatements of fact, and is misleading about key elements of the incident:

* The report doesn’t mention that the officers in the fight were at the Vudu Lounge for a Christmas party organized by Captain Pla, nor does it indicate that Pla witnessed the fight but didn’t act.

* The report downplays the scale of the incident, describing it as a fight between one police officer, John Virga, and the cab driver. The report doesn’t detail the reason for the dispute.

* The other officers are identified only as “unidentified individuals,” as if as many as 10 police officers weren’t involved in the fight.

A second report filed in January 2009 by Assistant Chief Thomas Galati, obtained by the Voice, also doesn’t go into the context of the fight. The report fails to mention that it stemmed from a Christmas party, or that the rookie officers started the confrontation. The memo downplays the incident and does not mention Captain Pla.

Meanwhile, the cab driver, Ming, was arrested and charged with aggravated unlicensed driving.

“First, they’re telling me I’m the victim, and now they are locking me up and putting me in jail,” he says. “They were like, ‘That’s the way it goes.’ Here, I didn’t do anything wrong. I was just working, trying to earn a living.”

Ming was booked and brought before a judge. The judge was convinced Ming had been arrested in a police-car stop, and he wouldn’t listen to the real story. Ming eventually paid a fine to resolve the arrest.

Ming filed a notice of claim with the city and took a routine $7,500 payment to settle the case. He needed the money to catch up on child support and other debts. He never drove a cab again. He is currently unemployed.

As for the cops who attacked Ming, while some of the officers faced administrative charges, most of them returned to full duty long before Acosta did, including the officer who started the whole thing. While that officer, a rookie, was back on patrol within a year, the highly decorated veteran sergeant who stopped the fight remained tied to a desk without his gun and shield.

And as for Captain Pla—who set up the party, witnessed the fight, and did nothing to stop it—he faced no charges at all.

Instead, he was rewarded. He was promoted to deputy inspector and awarded the command of the 23rd Precinct in East Harlem. He faced no sanction for his failure to act.

No other supervisors present were disciplined, nor was Harrington, the inspector who asked Acosta to sign a false statement of events.

Acosta, meanwhile, was asked to accept a “command discipline” and a plea deal that would cost him five vacation days. He refused the offer on principle: “I hadn’t done anything wrong,” he says. “I’m not going to sign off on something I didn’t do.”

After he refused the deal, Acosta was slapped with five charges: conduct unbecoming, failing to identify himself, interfering with an on-duty officer, improperly filling out line-of-duty injury paperwork, and improperly preparing witness statements.

All of these were exceedingly minor charges that probably never should have been filed.

Eventually, the department had to admit that two of the charges were just plain wrong. Most of the same police officers involved in the fight testified that Acosta had identified himself. And his union delegates testified that they had filled out the line-of-duty paperwork.

The case went into the deep-freeze, and Acosta had to shelve both his plans to retire and his goal of working again overseas. He needed to retire in good standing from the NYPD in order to qualify for the overseas security jobs.

He kept working, though, interviewing suspects. “Even from behind a desk, I was still able to produce a lot of activity, but what could I have done if I was out there on the street?” Acosta wonders.

Eventually, fed up with the delay and the failure of the department to investigate Captain Pla’s role in the fight, Acosta began writing letters to various senior NYPD officials. One of his letters accuses the borough’s inspections unit and the Intel inspections unit of both failing to perform an unbiased investigation and of trying “to cover up the fact that numerous off-duty officers did attack a civilian taxi driver.”

In April 2009, Acosta wrote a memo to Police Commissioner Ray Kelly, asking him to order his disciplinary case accelerated. He had decided to retire, and work again for a private security company in either Iraq or Afghanistan. But he couldn’t retire with a disciplinary case hanging over his head.

“I took police action and came to the assistance of the cab driver,” he wrote Kelly. “I was then wrongfully attacked, assaulted, and handcuffed. Then, to add insult to injury, I was placed on modified assignment.”

Acosta also told Kelly that a captain hadn’t done a thing to stop the incident: “There was a captain, a lieutenant, a few sergeants, and police officers present, but I was the only one who acted properly by preventing the further assault on the civilian… . Sir, my whole career I have been a good and hard-working cop, and I have had my ups and downs, but I have always been honest, motivated, and behaved in the best interest of the department.”

Kelly did not respond to the letter.

In May 2009, Acosta wrote the Deputy Commissioner of Trials to allege once again that Captain Pla had failed to take action in preventing the incident, and ask for a more thorough investigation.

That month, he also wrote to the First Deputy Commissioner, alleging that the department’s 49, or official report, on the incident was “wildly inaccurate.” He described himself as a “sergeant who has spent his entire career on the streets in plainclothes, thousands of times proving and demonstrating the behavior of an officer who has brought honor to the department.”

“Without hesitation, I went to the aid of a citizen of the City of New York who was being assaulted—and not by hiding and running away, as Captain Pla and those under his command did,” he wrote. The message of the case is that “anyone that is off-duty and sees someone being beaten up by eight individuals should not get involved.”

In August 2009, he wrote the commander of the personnel department to ask to be restored to full duty, and again asked the department to accelerate the pace of his case.

That didn’t happen, and another year passed without resolution. Acosta continued to sit behind a desk in the 30th Precinct stationhouse, but he was a productive cop. He continued to debrief accused criminals and file intelligence reports—a fairly challenging and coveted job in the Police Department.

After many stops and starts, his departmental trial began in June 2010. But the NYPD kept postponing dates, so it dragged out even longer.

On September 29, a few days after a Voice reporter sat in on Acosta’s hearing in the trial room and pressed a department attorney on why such a decorated officer had been put through so much over something so minor, the department abruptly notified Acosta that he was being returned to full duty.

Sergeant Acosta has his gun and shield back. He was a step closer to emerging from his gulag.

But that decision, after two long years, seemed just as opaque and capricious as the decision to charge him in the first place. Richard Murray, Acosta’s lawyer, declined to comment. The charges against Acosta are still pending. The case is back on the calendar on November 5. It may stretch into 2011.

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Thousands have poured into the streets of Ecuador in response to an apparent coup attempt by members of the police. What began as a large police protest over wage bonuses rapidly escalated into acts of violence against top officials - including President Rafael Correa. Police launched tear gas at the president soon after he addressed a crowd of protestors.

Rebel police have spread out across the streets of Quito and Guayaquil and the Air Force has reportedly taken over the capitol’s international airport and air base.

Schools and banks have closed and public transportation has all but stopped.

Ecuador’s Minister of Internal Security Miguel Carvajal described the situation earlier today.

“We want to be emphatic; there are interests here provoking an uneasiness and we call upon the police and the armed forced to not allow themselves to be used. These interests are in a clear process of affecting institutions. I want to say this clearly; institutionality is being affected, there have been acts of violence against the president of the republic, acts of violence against the Minister of the Interior, acts of violence against high-ranking officials. Ladies and gentlemen, we are witnessing a process of a process of the suffocation of democracy. We are seeing a process of destabilization.”

Ecuadorian President Rafael Correa was taken to a hospital after the tear gas attack, where he spoke by phone to South American public media.

“This is a conspiracy that’s been developing over a lot of time. I prefer to death over losing my life. And “losing life for me” means to cast aside my principles. There’s going to be no backing down. If they want, they can come look for me here and put a bullet in me. The republic will continue forward. They can kill me, but as [Chilean poet Pablo] Neruda said ‘They can cut the flowers but they can never stop the spring’.”

As the interview was ending, President Correa said police were trying to enter his hospital room:

“If something happens to me, I blame them. I just want to say that my love for country is infinite and wherever I am, I will always love my family [reporter interrupts]…and I knew these were the risks and it was worth it.”

The head of Ecuador’s armed forces has reiterated his allegiance to the elected government.

As we go to air, the elected government has declared a state of exception throughout the entire country for one week in which the military will assume policing duties.

Coup in Ecuador! Urgent Action Needed! Call the State Department and White House!

Your call could make a difference! We have received reports that a coup is taking place in Ecuador. The situation is in flux. There are reports that President Rafael Correa disappeared after meeting with the police but other reports say he is in the hospital surrounded by police after a tear gas attack. All the airports are closed; the Congress has been taken over by the police; banks are closed.

There is still hope, however, that that the coup can be stopped in its tracks. The top army commander in Ecuador says the military remains loyal to President Correa. Call the State Department and the White House Comment line and tell them to make a statement that the US will cut off all military, police and development aid to Ecuador if the coup is carried to completion

This coup in Ecuador, the second ALBA country now to suffer a coup, is the direct result of the US government support for the June 28, 2010, coup in Honduras. We cannot allow our government to again support anti-democratic forces in Latin America. Contacts:

To contact Senators and Representatives:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
https://writerep.house.gov/writerep/welcome.shtml To contact the State Department:
Fax: 202-647-8947, Voice: 202 647-8947, or Email: Maria Otero, Under Secretary for Democracy and Global Affairs, c/o Laura Pena, Assistant, PenaL@state.gov

Dr. Arturo Valenzuela, Assist. Sec. of State for Western Hemisphere Affairs: ValenzuelaAA@state.gov; Ambassador Craig Kelly, Principal Deputy Asst./ Secretary, Western Office of Hemisphere Affairs: KellyC@state.gov (Fax: 202-647-0834) To contact White House:
http://www.whitehouse.gov/contact and White House Comment Line 202-456-1414; Dan Restrepo, Special Asst. to the President, Western Hemisphere Affairs, drestreop@nsc.eop.gov
——————————————————————————————————
PLEASE CIRCULATE WIDELY: URGENT! Attempted coup against Ecuadorean government

Initial reports today inform that sections of the Ecuadorean Police are staging
street demonstrations, ostensibly for economic demands but in reality trying to
subvert the legal order, including through trying to occupy the National
Parliament. Additionally, in open revolt against the government, some police
officers have taken illegal control over their police stations. There are also reports that members of the Quito army barracks in the capital
city occupied these barracks in open mutiny against the government. In response,
President Rafael Correa went to the barracks to talk to the rebels and was
attacked by CS gas which exploded near his face. The President is now in the
hospital of the Quito Regiment, with minor concussions but well. The armed
forces have him under their control in the Quito barracks.

In a clearly orchestrated action of open rebellion, members of the armed forces
also took control and closed the Mariscal Antonio José de Sucre airport. In response to these developments, on live TV through TELESUR at about 18 hrs
(GMT) President Rafael Correa said: “It’s a coup d’etat, a conspiracy organised
by the opposition.” President Correa hinted that UNASUR was likely to hold an
emergency meeting to defend the democratic order that is under threat in Ecuador
and also said that police officers supportive of the revolt were trying to get
to his hospital room to attack him. He added that he was standing firm in the
defence of the democratic order in Ecuador and there was no way he would
capitulate, and that he could only lose his life.

The Foreign Affairs minister has called upon people to march to the hospital to
protect the life of the President. Mass demonstrations are now taking place in
the whole of Ecuador in support of the legitimate and democratically-elected
government of President Correa. People are currently congregating around the
Quito barracks hospital to protect the President. President Correa and his government have won every single democratic election
since his election in 2006. The government has expanded democracy and
implemented policies to redistribute income to the poor, benefiting millions of
people hitherto socially excluded. The country has also had a new constitution
overwhelmingly approved at a national referendum, which is deemed to be one of
the greenest and most progressive constitutions in the world.

Venezuela Solidarity Campaign
www.venezuelasolidarity.co.uk

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The long-troubled state of Kashmir suffered one of its bloodiest days when at least 18 people were killed and more than a hundred injured as security forces opened fire on protesters in confrontations across the valley.

As politicians in Delhi debated whether to ease a bitterly controversial law that provides effective immunity to troops, Indian forces again responded to widespread demonstrations with deadly force.

The protests, which saw tens of thousands of people ignore a curfew and take to the streets, were at least partly in anger over reports that copies of the Koran had been burnt in the US. A police officer also lost his life.

More than 80 people have been killed by the security forces since June, when protesters stepped up their demands for autonomy for Kashmir and for troops and police to be held accountable for their actions. Most of those killed and wounded have been teenagers and young men, though other people have also been caught up in the violence. Campaigners have demanded that the authorities use non-lethal methods for countering the crowds.

But despite claims by the state and central authorities that such techniques are being introduced, police continue to respond to many incidents with deadly force. In the village of Tangmarg, 25 miles north-west of Srinagar, troops fired on thousands of rock-throwing demonstrators, killing five and wounding at least 50 others. In the western town of Budgam, troops tried to disperse demonstrators with tear gas and baton charges but began firing into the crowd after protesters attacked a police station and the government forces with rocks, police said. At least four people including a young woman were killed and at least 30 others were wounded, some critically. Protesters were killed in at least three other towns.

Human rights groups yesterday called on both demonstrators and the authorities to take action to ease the situation. “The anger in Kashmir has been brewing because of injustice,” said Meenakshi Ganguly, a regional spokeswoman for Human Rights Watch. “What is needed now is a genuine commitment from the government to address all allegations of human rights violations, but the separatist leaders too must call for an immediate end to these violent attacks.”

Last night, the Indian Prime Minister, Manmohan Singh, said the central government was seeking a peaceful resolution to the conflict. “We are willing to talk to every person or group which abjures violence, within the framework of our constitution,” he said.

Yet at the same time, it emerged no agreement had been reached on the possibility of lifting the Armed Forces (Special Powers) Act, a draconian piece of legislation in operation in Kashmir and parts of north-east India which gives sweeping powers to the security forces.

While many analysts have called for the law to be removed, military commanders say it provides their forces with crucial leverage.

While separatists seeking autonomy from India had planned a new round of demonstrations following the end of the Muslim holy month of Ramadan this weekend, the anger in Kashmir had been exacerbated by reports on the Iranian state-run channel Press TV that copies of the Koran had been desecrated over the weekend in the US. While a Florida pastor called off his plan to burn copies of the Koran on the anniversary of the 9/11 attacks, the Iranian channel showed footage of a man destroying a copy of the Muslim holy book in Tennessee. The broadcasts were eventually blocked at the demand of Kashmiri authorities.

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Rights for Imprisoned People with Psychiatric Disabilities (RIPPD) has been working on policing issues for years. Specifically we have been pushing for the implementation of Community Crisis Intervention Teams so that the people with psychiatric disabilities can get access to treatment and not be harassment, arrested or killed by the cops.

We wanted to shout out Ñetas and Mothers on The Move for their collaboration on making our Raising Awareness, Building Communities event happen. In unity all things are possible. This event brought to light an issue that for far too long has been ignored in our communities., namely mental illness and the criminal injustice system. We as a community still hold a stigma against those with mental illness. This stigma has allowed the NYPD to easily target, taser, beat and kill people with mental illness without any recourse or accountability.

Community Crisis Intervention Teams have been successful in major cities all over the United States, having originally started in Memphis. Not only have these teams saved lives but they have actually changed the culture of police departments adding a level of humanity and understanding that did not previously exist. RIPPD will continue to fight until the NYPD changes their practices and adopts Community Crisis Intervention Teams. For more information contact Lisa Ortega at 646-260-6575 or

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Police Brutality in America

by Stephen Lendman / July 14th, 2010

Across America, daily incidents occur, one of many the cold-blooded January 1, 2009 murder of Oscar Grant — unarmed, offering no resistance, thrust face-down on the ground, shot in the back, and killed, videotaped on at least four cameras for irrefutable proof. USA Today said five bystanders taped it.

His killer: Oakland, CA transit officer, Johannes Mehserle, tried for the killing, the jury told to consider four possible verdicts — innocent, second-degree murder, voluntary manslaughter, or involuntary manslaughter, jurors deciding the latter.

The Legal Dictionary defines it as “The act of unlawfully killing another human being unintentionally,” the absence of intent distinguishing it from voluntary manslaughter. Many states don’t define it or do it vaguely. Wallin & Klarich Violent Crime Attorneys say in California it carries a two – four year sentence. However, since a gun was used, Judge Robert Perry can add three to 10 additional years. 

Because minority victims seldom get justice, especially against police, Mehserle may serve minimal time, then be paroled quietly when the current furor subsides. 

After the verdict, it erupted on Oakland streets, hundreds turning out to protest, Bay Area indymedia.org saying:

The actions of the Police in Oakland tonight (including dozens of arrests) show their disrespect for justice in General. Their heavy handed violence towards protestors just reinforces their total disconnect with the people of Oakland.

It’s as true everywhere across America, police acting like Gestapo, usually unaccountably.

Grant’s family will appeal the verdict and is suing the Bay Area Rapid Transit (BART) for $25 million, his mother Wanda Johnson saying “My son was murdered (and) the law has not held the officer accountable.”

It rarely does for Black, Latino, or other minorities, no matter the injustice.  Civil rights lawyer, John Burris, representing Grant’s family in the civil suit, saying:

“The system is rarely fair when a police officer shoots an African-American male.” Police brutality against them and other minorities is systemic, including beatings, torture, and cold-blooded murder, usually with impunity, justice nearly always denied.

While far from certain, the Obama administration may charge Mehserle with civil rights or hate crime violations, DOJ spokesman Alejandro Miyar saying:

The Justice Department has been closely monitoring the state’s investigation and prosecution. The Civil Rights Division, the US Attorney’s Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution.

Systemic Police Brutality

An earlier Jones Report.com text and video account headlined, “Epidemic of Police Brutality Sweeps America,” showing footage of police repeatedly tasering a student with 50,000 volts of electricity for questioning the 2004 election results at a campus meeting.

Other videotaped incidents showed a man victimized by police violence; a former sheriff’s deputy acquitted of voluntary manslaughter for shooting an unarmed man;  police repeatedly beating an old man on the head, “for the crime of intoxication;”  officers  violently using assault rifles, tear gas, dogs, and at least one helicopter in an alleged narcotics sweep; a woman tasered to death by police; and a man in shock, bleeding and burned over much of his body, ordered to lie on the pavement, then tasered and shot to death while he sat dazed, the Report highlighting systemic police violence “repeated almost every day in (America), the police (getting) away with murder,” beatings, and other lawless acts — poor Blacks, Latinos, and Muslims for their faith and ethnicity their usual victims.

Amnesty International (AI) on American Police Brutality

On its web site, AI says “Police brutality and use of excessive force has been one of the central themes of (AI’s) campaign on human rights violations in the USA,” launched in October 1998. In its “United States of America: Rights for All Index,” it documented systematic patterns of abuse across America, including “police beatings, unjustified shootings and the use of dangerous restraint techniques to subdue suspects.”

Yet little is done to monitor or constrain it, evidence showing that “racial and ethnic minorities were disproportionately” harmed by harassment, verbal and physical abuse, false arrests, and in the case of West African immigrant, Amadou Diallo, shot at 41 times by four New York policemen, struck 19 times and killed while he stood in the vestibule of his apartment building, unarmed and nonviolent, victimized by police brutality.

Nationwide, driving while black has been criminalized, racial profiling used for traffic stops and searches for suspected drugs or other reasons, the practice is especially common in California, Colorado, Florida, Illinois, Indiana, Maryland, Massachusetts, Pennsylvania, Oklahoma, Rhode Island, and Texas.

AI cited numerous incidents, including beatings and “questionable” shootings, usually found to be unjustified, yet cops most often absolved. Although most US police departments stipulate that officers should only use deadly force when their lives, or others, are endangered, dozens of cases show they do it indiscriminately, at most being “mildly disciplined” even if guilty of serious misconduct.

Police shooting(s) resulting in death or injury are routinely reviewed (internally or) by local prosecutors… to see whether criminal laws (were) violated. However, few officers are criminally charged and little public information is given out if a case does not go to trial.

As a result, systemic abuse stays hidden, police brutality allowed to persist with impunity.

Despite Congress passing the 1994 Police Accountability Act, incorporated into the 1994 Violent Crime Control and Law Enforcement Act to require the Attorney General to compile national data on excessive police force, Congress has consistently failed to fund it. Further, the legislation doesn’t require local police agencies to keep records or submit data to the Justice Department. Nor does it criminalize police violence and excessive force as human rights violations.

ACLU Report on Racial and Ethnic Profiling

In August 2009, the report titled, “The Persistence of Racial Profiling in the United States” quoted Rep. John Conyers (D. MI) saying “Since (9/11), our nation has engaged in a policy of institutionalized racial and ethnic profiling,” although, as an African-American, he knows the problem goes back generations, most recently in the “war on terrorism” against Blacks, Latinos, and Muslims for their faith, ethnicity, activism, prominence, and at times charity – a topic this writer addresses often — arrests, some violently, bogus charges, prosecutions, and imprisonments often compounding the injustice.

Post-9/11 under Bush and Obama, federal, state and local law enforcement agencies have engaged in virulent racial/ethnic profiling, what the ACLU calls “a widespread and pervasive problem throughout the United States, impacting the lives of millions of people in African American, Asian, Latino, South Asian, and Arab communities.”

Evidence shows that racial minorities are systematically victimized, without cause, in public, when driving, at work, at home, in places of worship, and traveling, often violently.

A “major impediment to (prohibiting it) remains the continued unwillingness or inability of the US government to pass federal legislation (banning the practice) with binding effect on federal, state or local law enforcement.”

Nor do authorities comply with the provisions of the 1994 Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that obligates all levels of government.

In addition, the Justice Department’s 2003 Guidance Regarding the Use of Race by Federal Law Enforcement Agencies designed to ban federal officers from engaging in racial profiling is, in fact, flawed and does little to end it, because it doesn’t cover “profiling based on religion, religious appearance, or national origin.” 

Nor does it apply to state and local law enforcement where police brutality is systemic. In addition, it specifies no enforcement mechanisms or punishments for violators, and contains a “blanket exception for national security and border integrity cases,” besides being advisory and not legally binding.

As a result, it actually promotes profiling and abuse, including false arrests, beatings and killings. It’s not surprising how minorities have been systematically mistreated by federal, state and local authorities, or that congressional legislation introduced to stop it never passed. 

On December 13, 2007, the House and Senate introduced their versions of the End Racial Profiling Act (HR 4611 and S. 2481). Both bills were referred to committee and never enacted, making it extremely hard to nearly impossible for victims to successfully challenge abuses against them.

As a candidate, Obama promised a “Blueprint for Change” to ban racial profiling and related mistreatment, criminalizing them, but so far, no measures have been introduced or passed, showing another promise made, another broken, a systematic pattern under his leadership, across the board against the constituencies that elected him. Hopefully they’ll remember next election and choose another way, a third way, both parties equally corrupted in deference to big money and systemic police brutality that serves it.

National Police Misconduct Statistics

The Injustice Everywhere.com (IE) web site compiles them, publishing them in regular reports, some for individual cities, including daily accounts. One on July 10 covers King County, WA deputy Paul Schene, captured on videotape assaulting a 15-year old girl in jail. He was tried twice, hung juries resulting each time. 

On July 9, the County Prosecutor’s Office dropped the charges, and won’t pursue a third trial. As a result, the sheriff’s department may rehire Schene, though he still faces possible disciplinary action. It’s currently in arbitration, IE saying decisions nearly always favor officers, in which case he’ll likely be reinstated to abuse other detainees, off camera to avoid being charged.

In early 2010, IE published an April-mid-December 2009 (8.5 months) Police Misconduct Report, from figures compiled in its National Police Misconduct Statistics Reporting Project (NPMSRP), begun earlier in March 2009, analyzing data: 

“by utilizing news media reports of police misconduct to generate statistical information (to) approximate how prevalent (it) may be in the United States.”

Police departments don’t usually provide them, nor do courts, except for successful prosecutions, omitting confidential settlements and cases resulting in disciplinary action only, not trials. Media reports, though imperfect, are more complete because laws limit or filter information released. As a result, IE’s data “should be considered as a low-end estimate of the current rate of police misconduct,” as well as in individual cities covered.

Statistics compiled follow the same DOJ/FBI Uniform Crime Reporting (UCR) methodology, recording only the most serious allegation (not conviction) when multiple ones are associated with a particular incident. The findings were as follows:

  • 3,445 police misconduct reports;  4,012 officers charged;  261 law enforcement officials (police chiefs or sheriffs) cited;
  • 4,778 alleged victims;  258 fatalities reported; an average of 15.05 daily incidents or one every 96 minutes;
  • nearly $200 million in related civil litigation expense, excluding legal fees and court costs;
  • 980.64 per 100,000 officers charged; one of every 266 officers accused of a violent crime; one of every 1,875 charged with homocide; one of every 947 accused of sexual assault;
  • 33% of police officers charged were convicted, not necessarily justly for the offense committed;  64% of officers convicted were imprisoned, not necessarily as long as justified;
  • those sentenced served an average 14 months, far less than citizens for the same crime;
  • misconduct by category included 18.1% for non-firearm related excessive force; 11.9% for sexual misconduct; and 8.9% for fraud or theft;
  • analyzing reports by last reported status showed 45.9% affected officers adversely, including 14% internally disciplined and 31.9% criminally charged; of the latter, 32.5% were convicted “for a 10.4% total criminal conviction rate for alleged misconduct incidents; and
  • 27% resulted in civil lawsuits, 34.3% favoring victims.

In addition, data were compiled for states, cities and counties, excluding unavailable federal statistics as well as local omissions, especially in some states. Various offenses included:

  • accountability: evidence of coverups, lax discipline, and other failures to adhere to official policies or processes;
  • animal cruelty, harming them by unnecessary shooting, inappropriate KP unit training, or other mistreatment;
  • assault: “unwarranted violence” off-duty, excluding murder;
  • auto incidents involving recklessness, negligence, and other violations of official policies;
  • brutality, involving excessive physical force on-duty, excluding firearms or tasers;
  • civil rights, including unconstitutional civil liberties violations such as lawless peaceful protest disruptions;
  • sexual misconduct, including rape, sexual assault, sexual battery, wrongfully eliciting sex, harassment, coercion, prostitution, sex on duty, incest, and molestation;
  • theft or fraud, including robbery, shoplifting, extortion or bribery;
  • shooting: gun-related incidents both on and off-duty, including self-harm;
  • taser: excessive force, including usage not according to guidelines, resulting in excessive injury or death; also, improper taser use may be recorded as “brutality;”
  • color of law, including incidents involving misuse of authority such as bribery, soliciting favors, extortion by threat of arrest, or using badges to avoid arrest;
  • perjury, including false testimony, dishonesty during investigations, and falsifying charging papers or warrants; and
  • raids, including misconduct during warranted or warrantless operations or searches, wrong address raids, mistaken ones, use of no-knock ones when warrants require notification, or mistreatment during executions.

Misconduct status stages go from allegations to investigations, lawsuits, charges, trials, judgments, disciplinary measures, terminations, convictions, and sentences.

IE compiles data regularly, prepares daily and quarterly reports, and henceforth an annual one each January the following year. It explains that its statistics:

should only be used (as) a very basic and general view of the extent of police misconduct. It is by no means an accurate gauge that truly represents the exact extent (of its extensiveness) since it relies on the information voluntarily gathered and/or released to the media, not (first-hand) by independent monitors who investigate complaints…. because no such agency exists for any law enforcement agency….

Detailed quarterly and annual reports are produced, not monthly ones considered a less accurate “depiction of the overall extent of police misconduct….” Daily reports cover a sampling of individual incidents. Overall, IE provides a valuable reading of systemic police misconduct, though capturing only a snapshot of the full problem — widespread, abusive, violent, often with impunity, and when officers are held accountable, imposed discipline is usually mild, prison sentences rare and short-term, victims cheated by a criminally unjust system, favoring power over people, no matter the offense.

Final Comments

In December 2007, the UN Committee on the Elimination of Racial Discrimination published a report titled, “In the Shadows of the War on Terror: Persistent Police Brutality and Abuse of People of Color in the United States,” saying:

“Since this Committee’s 2001 review of the US, during which it expressed concern regarding incidents of police brutality and deaths in custody at the hands of US law enforcement officers, there have been dramatic increases in law enforcement powers in the name of waging the “war on terror (resulting in) the use of excessive force against people of color…. (It’s not only continued post-9/11), but has worsened in both practice and severity” — a NAACP representative saying it’s “the worst I’ve seen in 50 years.”

On April 4, 2007, Ryan Gallagher, writing for Medill Reports, produced by Northwestern University’s Medill School of Journalism, headlined, “Study: Police abuse goes unpunished,” saying:

From 2002-2004, over “10,000 complaints of police abuse were filed with Chicago police… but only 19 resulted in meaningful disciplinary action, a new study asserts.” According to Gerald Frazier, president of Citizens Alert, it reflects “not only the appearance of influence and cover-up,” but clear evidence that city residents are being abused, not protected, despite the department’s official motto being “We Serve and Protect.”

Most disturbing is that the Chicago pattern reflects what’s happening across America, people of color like Oscar Grant systematically abused, in his case murdered in cold blood, what no criminal or civil actions can undo.

Stephen Lendman lives in Chicago. Contact him at: lendmanstephen@sbcglobal.net. Also visit his blog site and listen to The Global Research News Hour on RepublicBroadcasting.org Mondays from 11AM-1PM US Central time for cutting-edge discussions with distinguished guests. All programs are archived for easy listening. Read other articles by Stephen.

This article was posted on Wednesday, July 14th, 2010 at 8:00am and is filed under Corruption, Discrimination, Human Rights, Police, Racism. —> ShareThis

2 comments on this article so far …

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  1. BartFargo said on July 14th, 2010 at 12:00pm #

    It seems in the majority of cases of police brutality, the officer(s) (ir)responsible claim they were acting out of self defense in the heat of the moment. Yet given the numerous statistics you cite showing that the police are given carte blanche to oppress and assault citizens in the course of their duties, isn’t it eventually reasonable for the victims themselves to resist the police as a matter of their own self-defense? Obviously this erosion of trust creates a vicious cycle that only leads to more brutality, more violence, and escalation of police authority.

  2. BartFargo said on July 14th, 2010 at 12:05pm #

    Speaking of which, this is at once hilarious and infuriating:

    http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=5367

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