Archive for October, 2012

Ray Tenczar Kidnaps Ian Freeman for Recording / Questioning Palmer, MA Bureaucrats & Cronies

Wednesday, October 31st, 2012

An excellent video by Ian Freeman that mixes logic, humor and candor to make devastatingly clear that the initiation of force isn’t an admirable quality.

Yet, for his clear communication and peaceful demeanor, Freeman was kidnapped by Ray Tenczar for the non-violent, non-victim act of recording public employees while on the job.

Keep in mind that not too long before Freeman was accosted, one of Tenczar’s colleagues (who steadfastly never identified himself) filmed Freeman and others.

Double standards?

In no uncertain terms Tenczar used aggressive force. And instead of doing what was right and apologize to Freeman and to those whom he claims to serve, he’s compounded his transgressions by levying a threat upon Freeman – claiming it washewho is guilty of “disorderly conduct” and thus he faces a ransom – or else.

ray tenczar coercion ian freeman consensual copblock copy Ray Tenczar Kidnaps Ian Freeman for Recording / Questioning Palmer, MA Bureaucrats & Cronies

Freeman is host of the nationally-syndicated Free Talk Live and is active with FreeKeene.com and the Shire Society. He’s a principled person who stands up for his rights – grasping that if he doesn’t do it today, it’ll be more difficult tomorrow. The more each of us that do that, the easier it’ll be. A peaceful evolution, one mind at a time.

Stay tuned for updates and to learn how you can support Freeman. In the meantime, feel free to call our friends responsible for violating Freeman’s rights, and let them know what you think.

Palmer Police Department
http://www.townofpalmer.com/Pages/PalmerMA_Police/index
Robert P Frydryk (chief) chief@palmerpolice.org

Ray Tenczar (aggressor)
4417 Main Street
Palmer, MA 01069
(413) 283-8792

——————

The two videos below are those linked-to in the annotated text in the video above.

Ian Arrested for Video Recording at the Town of Palmer Offices

Our 2011 Visit to Palmer, MA to Hold Bureaucrats Accountable

Ray Tenczar Kidnaps Ian Freeman for Recording / Questioning Palmer, MA Bureaucrats & Cronies is a post from Cop Block - Badges Don't Grant Extra Rights

Afternoon Links

Wednesday, October 31st, 2012

Blogging will continue to be light over the next few weeks. I’m in the homestretch of finishing up by book manuscript.

The Jury Trial

Wednesday, October 31st, 2012

The write-up below was done by former professor and longtime freedom advocate Julian Heicklen. For more from Heicklen, check out his project Tyranny Fighters and his posts and coverage of his activities here at CopBlock.org.

————

by Julian Heicklen

julian heicklen tyranny fighters copblock 300x200 The Jury Trial

Julian Heicklen

Amendment VI of the U. S. Constitution states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury….” It does not say: “may enjoy.” It does not say: “if the accused chooses.” It does not say: “unless the accused declines.” It does not say: “if the judge agrees.” It does not say: “unless the Supreme Court says otherwise.” It says that there shall be a jury trial.

Everyone in the criminal legal system knows that if a defendant declines a jury trial, it is because his lawyer thinks or knows that his client is guilty. It is no longer possible for the judge to be impartial.

The reason a defendant’s lawyer declines a jury trial is because he hopes to win the case in one of three ways:

1. He has some obscure legal argument that the jury (and maybe even the judge and/or prosecutor) do not understand.

2. The judge owes the defendant’s lawyer something. The lawyers and the judge all know each other and have opinions, grudges, and obligations with each other.

3. The defense lawyer or the defendant may be in a position to help the judge’s career if he wins.

This is particularly true if the defendant holds a relevant government job.

sean bell shooting nypd copblock 300x212 The Jury Trial

NYPD employee handiwork

Consider the case of the killing of Sean Bell. He was killed by police on his wedding day. His bride-to-be received his corpse as a wedding present. The incident is described in detail at Wikipedia.

The Sean Bell shooting incident took place in the New York City borough of Queens on November 25, 2006, in which one Latino and two African-American men were shot at a total of fifty times by a team of both plainclothes and undercover NYPD officers (two of whom were themselves African-American), killing one of the men, Sean Bell, on the morning of his wedding day, and severely wounding two of his friends.[1] The incident sparked fierce criticism of the police from some members of the public and drew comparisons to the 1999 killing of Amadou Diallo.[2] Three of the five detectives involved in the shooting went to trial [3] on charges ranging from manslaughter to reckless endangerment, and were acquitted.[4]” (see the web page for references)

The three detectives involved in the shooting were indicted by a grand jury for manslaughter, reckless endangerment, and assault. They waived a jury trial. The bench trial started on March 16, 2007. All three detectives were found not guilty of all charges by Justice Arthur J. Cooperman.

Apparently the police department did not agree with the judge’s decision. Although the detectives were acquitted, the three of them and their commanding officer were fired or forced to resign on March 24, 2012.

If there had been a jury trial, the detectives were likely to have been found guilty of something—probably not first degree murder, but at least criminal negligence. However, even it did find the police not guilty, its verdict would have been more credible.

On the other hand the judge desperately needs the police to protect him. They may save his life. There are lots of ex-criminals in the county that would like to kill him.

In a courtroom trial, there is only one impartial participant. That is the jury.

Related Resources:

The Jury Trial is a post from Cop Block - Badges Don't Grant Extra Rights

Two Cops Fired For Taser Incident (Seminole County) -Video

Wednesday, October 31st, 2012

 

This video comes to us from PittsburghCopBlock (YouTube Channel.) Some may say the firing indicates accountability, but in FL, being “fired” doesn’t mean much.

The information in the video description says:

Seminole County.
Two Seminole County Sheriff’s Office deputies were kicked off the force after a turbulent traffic stop that was caught on the officers’ dashboard camera.

In a stinging rebuke, Sheriff Don Eslinger said deputies Erik Ducharme and Chris Clutter not only acted inappropriately at the scene but also lied and put the lives of others in danger with their irresponsible actions.Dashcam video from a May 19 traffic stop in Sanford shows the deputies getting out of their vehicles with a shotgun and Taser drawn. They immediately begin screaming and using profanity at the men in the car, who they pulled over on an alleged seatbelt violation.The men in the car said they were, in fact, wearing seat belts and did nothing to provoke the stop or what took place after.

The deputies claimed the driver did not stop right away after they started running their lights and sirens, but an internal investigation and the dashcam video showed that was not true.In the video, it does not appear that the men in any way threatened the deputies. At one point, Clutter shocked the driver with a Taser without warning.Investigative reports released on Monday included a statement from another officer who said he was in the line of fire and that things were so out of control he feared he was about to get shot by his own zone partner. Eslinger fired the deputies on Monday, and in a sharply worded notice of discipline stated, “You exercised poor judgment in the escalating levels of force you used as compared to the resistance offered by the occupants of the car. Your conduct at the scene was compounded by the dishonesty in your characterization of the incident in your report further demonstrating a lack of regard for the policies and procedures of this agency.”Both deputies had been with Seminole County for less than three years. Neither had been disciplined before.

Two Cops Fired For Taser Incident (Seminole County) -Video is a post from Cop Block - Badges Don't Grant Extra Rights

Another Amazing Production By “Jacobzladder” (Video)

Wednesday, October 31st, 2012

 

 

This individual’s portfolio of YouTube videos is quite impressive.

Another Amazing Production By “Jacobzladder” (Video) is a post from Cop Block - Badges Don't Grant Extra Rights

Ghostbuster Arrested for Backflipping Over Police Officer

Tuesday, October 30th, 2012

TMZ reports:

This video is INSANE! A Halloween partier dressed as a Ghostbuster climbs on a police car in Eastern Canada this weekend and does a BACKFLIP over one very angry cop. But what happens next is even crazier.

The ghostbuster sticks the landing, but the cop is PISSED – grabbing the ghostbuster by the collar … and saying, “You’re a smart ass … come here!”

Another cop rushes towards the ghostbuster — slamming him against the cop car … and warning, “Don’t you f*ckin’ move … don’t f*ckin’ do that … you stupid idiot.”

The cops then handcuff the ghostbuster and place him under arrest for mischief and for being drunk in a public place.

After the man is in custody, the cops turn to the photog … and demand he turn off his camera saying, “You wanna be under arrest too?” The video cuts off right after the warning.

TMZ spoke with the photog who tells us … the ghostbuster was taken to a nearby station and was thrown in the drunk tank … but was released a short time later.

Oh, and here’s a shocker … we’re told the ghostbuster had been drinking heavily before the stunt.

Ghostbuster Arrested for Backflipping Over Police Officer is a post from Cop Block - Badges Don't Grant Extra Rights

Scottsdale PD: “Terrorists like to film Police Officer response”

Tuesday, October 30th, 2012

From 4409:

I showed up at a scene with 7 cop cars to make sure there was no “suicide by cop”.


I will NOT second guess their response at first due to the nature of the call. I do however wonder why it took ten cops one hour to find out this guy was not a threat.

I pulled the 911 call to be fair to the police on why they were there.

Even though I deliberately stood 50-70 feet away from the scene I was still approached by a busy body cop that wanted to explain to me what he had been brainwashed to think by watching Hollywood movies and listening to talk radio.

He claimed that terrorists film cops and we all know that was just a lame excuse to confront me.

One good thing that came about is that its one less hour they had to drive around and harass people in their cars.

Before I left they said: “Did you get anything good” I explained, hopefully not. The whole point of me being there was to not get anything good. No one died and they ended up letting the homeless man go (after he got some revenue tickets of course) :)

Please check check out the 4409 website at http://www.Formula4409.com

~4409

Scottsdale PD: “Terrorists like to film Police Officer response” is a post from Cop Block - Badges Don't Grant Extra Rights

Rapist Detective Takes The Easy Way Out

Tuesday, October 30th, 2012
By Andrew Khouri
October 27, 2012
Los Angeles Times

A 26-year-old rape victim stood before a subdued San Bernardino County courtroom Friday, and read a carefully drafted statement addressed to the former Westminster police detective who kidnapped and raped her two years earlier.

“I forgive you,” she said, choking up.

But Anthony Orban, 33, was not there. Hours before, at 2:49 a.m., Orban was found unresponsive in his cell at the Central Detention Center in San Bernardino, the San Bernardino County Sheriff’s Department said. He was declared dead at the scene.

His attorney, James Blatt, said he was informed that Orban hanged himself. The Sheriff’s Department declined to reveal details of Orban’s death, which was under investigation.

The rape victim told the court she suffered post-traumatic stress disorder for two years and lost four months of her life to shock. She criticized Orban for failing to take responsibility for his actions, alluding to his claims that he suffered a blackout allegedly induced by the antidepressant Zoloft.


FOR THE RECORD:
Zoloft rape case: An article in the Oct. 27 LATExtra section about the death of a former Westminster police detective convicted of kidnapping and rape said that California law considers an alcohol-induced blackout voluntary intoxication, “which does meet the criteria for legal insanity.” The sentence should have said that voluntary intoxication does not meet the criteria.


“While I was trying to get past my rage and shame and feelings of worthlessness, you maintained that you weren’t responsible for your actions,” she read.

Orban had testified that he had no recollection of abducting the waitress from the Ontario Mills Mall, then raping her near a Fontana self-storage lot in April 2010.

Zoloft, the Iraq War veteran said, triggered hallucinations and suicidal and homicidal fantasies in the days leading up to the attack.

Experts for both sides agreed during the trial that Orban suffered some form of blackout during the attack. But clinical psychologist Craig Rath, a witness called by the prosecution, testified that it had more to due with alcohol. On the day of the attack, Orban and a friend ordered eight margaritas and two pitchers of beer while barhopping, according to evidence presented at trial.

“He was not insane,” Rath testified during the sanity phase of the trial. “He understood the nature and quality of his acts and could distinguish between right and wrong.”

California law considers alcohol-induced blackout voluntary intoxication, which does meet the criteria for legal insanity.

Jurors convicted Orban of kidnapping, rape and multiple counts of sexual assault. He could have faced a sentence of more than 200 years, but his sentencing was on hold while a judge looked into allegations of juror misconduct.

Superior Court Judge Shahla S. Sabet told the court Friday that she had been prepared declare no jury misconduct took place, reject a motion for a new trial and sentence Orban to 82 years to life in prison, then tack on an additional 95 years.

After court, Blatt said he and his client had no prior knowledge that Sabet was prepared to deny a motion for a new trial. Orban, Blatt said, nonetheless had a feeling it was coming and that he would spend the rest of his life in prison as a convicted sex offender and a former police officer. Blatt said he last spoke to Orban about a month ago.

“All of us knew” suicide “was a possibility,” Blatt told reporters outside court. “But when it happens it is a shock.”

Retired Salvation Army Maj. Bill Nottle said he saw Orban on Thursday afternoon. He said his demeanor was what he had come to understand as normal: “very tired” due to what his actions and trial imposed upon his family.

After the victim spoke, Blatt told her and the court that the Orban family is “truly sorry” for their relative’s actions and that they have been praying for her. Blatt added that Orban had expressed to him his “great remorse and shame for his actions.”

Outside court, Deputy Dist. Atty. Debbie Ploghaus said that Orban took the “easy way out,” and made the day in court about him, when it should have belonged to the victim, who was scheduled to read her statement.

Standing in front of a group of reporters on the second floor of the Rancho Cucamonga courthouse, the rape victim said she felt sorry for Orban’s family after hearing the news, but also that “it felt good” to express her feelings and forgive Orban.

Still, she yearned for more.

“I really wanted to tell him myself,” she said calmly. “That would have been the ultimate closure.”

Rapist Detective Takes The Easy Way Out is a post from Cop Block - Badges Don't Grant Extra Rights

Cop Block in Winston-Salem NC

Tuesday, October 30th, 2012

October 27, 2012. 20.00h – Pete and I headed out in the Cop Block truck to check out Winston-Salem. Up to that point, the LEOs we had encountered were either politely engaging or reserved. The 5-0 scanner app on the iPhone was running and there were several “shot fired” calls.

We headed into the eastern side of the city and soon saw four LEOs pulled over talking in the parking lot of a convenience store.

As we were wrapping up the night cop blocking, we saw a traffic stop and decided to approach and record. It turned out to be a teenager who apparently was given his first ransom note; after the cop left, we approached and checked to make sure he was okay and to give him information on Cop Block and Never Take A Plea.

After this encounter, we spoke to a guy (Gabe) and girl in a shopping center parking lot for awhile giving them information about police accountability, recording all cop encounters, and live streaming apps such as QIK for security in recording (http://www.copblock.org/apps/). Gabe shared stories about police abuse and seemed genuinely interested in Cop Block.

Maybe posts and videos like these will inspire others to Cop Block to hold police accountable. If you need information on how to get started, contact us on:

http://www.copblock.org/contact/

Strength in numbers!

You never know who you might inspire!

 

–Clyde–

Cop Block in Winston-Salem NC is a post from Cop Block - Badges Don't Grant Extra Rights

Suicidal Sixteen Year-Old Boy Shot by Sniper in Cherokee County, Georgia

Monday, October 29th, 2012

CHEROKEE COUNTY, Georgia (CBS ATLANTA) - The parents of a 16-year-old suicidal boy spoke only with CBS Atlanta News’ Wendy Saltzman after their son was gunned down by a police sniper in Cherokee County in May.

Lisa and Nick Messina said their son was killed at the hands of the officers they called for help.

According to his parents, Andrew Messina had a bad day at school and the pressure was so overwhelming, he grabbed a gun and threatened to kill himself.

Lisa Messina called the cops in desperation, hoping an officer would come talk to him. But what arrived was an army of deputies, an armored tank and a sniper.

“We would still be sitting there today if it weren’t for that very, very aggressive act that he made of ramming the gun and a pistol straight through a glass door at our officers,” said Cherokee County Sheriff Roger Garrison, on the day after the shooting.

Garrison painted a picture of a dangerous gunman taking aim at his officers, and defended his sniper’s fire.

“Had that officer not taken the action, there is a good chance one of those negotiators that was there who also has a family, also would not be going home today,” Garrison said.

But the other side of this story has never been told before, a story about a boy described as a pacifist who some say was needlessly killed.

“Would you have ever called the police if you had known this could have happened?” Chief Investigative Reporter Wendy Saltzman asked Lisa Messina.

“That’s the one thing I would have done different today. I would not have called 911,” she said.

Andrew Messina’s parents are speaking out for the first time to tell what they say really happened to their son on May 1, 2012. They say their son had just gotten a bad grade at school.

“He just got sad and kind of down on himself and talked about running away. And that discussion turned to ending his life. And I wasn’t home,” Nick Messina said.

“It just happened so fast, and then he went upstairs. He has the gun in his hand, and he had bullets in the other hand,” Lisa Messina continued.

Andrew Messina picked up the phone and called 911.

“I need you to get away from him if you think he is going to shoot you,” the 911 operator said on the call.

“I think he is going to shoot himself,” Lisa Messina replied.

The operator told her to get out of the home, and Lisa Messina asked, “How many cars are coming? Just one, right?”

“I’m not sure,” the operator replied.

But next thing they knew a slew of officers arrived.

“They brought an army to take out a 16-year-old boy. To kill a 16-year-old boy,” Nick Messina said.

The teen was inside his home alone with no hostages. He had a 357 Magnum in his hand and was drinking and threatening to kill himself. He took a video of the events inside the home, including this conversation speaking to his father on the phone just minutes before he died.

“You can’t find anything worth living for with me?” Nick Messina asked his son.

“I don’t know,” Andrew Messina replied.

“Really?” Nick Messina asked.

“I do know personally I really don’t want to live. So you should just let this happen if you really love me,” his son said.

Law enforcement negotiators soon cut off that call and put their negotiator on the phone with the teen.

“They are still standing out there,” Andrew said. “Go away or do something, the tension is killing me.”

Deputies in combat gear surrounded the home, with the frightened teen inside.

“We thought that they would (be) experts in being able to diffuse the situation. And that was not what happened. Instead of the fire being put out, they brought gasoline,” Nick Messina said.

On the negotiation call, Andrew Messina said he wasn’t involved in a riot, rather he was angry.

“Is that a riot shield? Yeah, that’s a riot shield,” he said. “This isn’t a riot, this is one person who is pissed off.”

On the call, Andrew Messina also begged negotiators several times to speak with his father.

“Hey, where’s my dad? Isn’t he supposed to be here?” he said.

At the time, Lisa and Nick Messina were down the street, just a few feet away.

“That just bothers me more to think that my son was in here, by himself, minutes before his death, asking for me,” Nick Messina said, crying.

About 15 minutes before the fatal shot, Andrew Messina’s parents saw sniper Jason Yarbrough walk past them in camouflage, with his riffle over his shoulder.

“I couldn’t believe the gun he had,” Lisa Messina said. “I said, ‘Whoa, where is he going with that gun?’”

Yarbrough set up across the street in a neighbor’s yard, which he estimated to be 65 yards from his target. The sniper scope, focused on the front door, helped him to see clearly as if he was holding a gun from just five feet away.

“A minute later we heard this horrendous cannon shot and he was dead,” Nick Messina said.

“It was absolute shock and numbness, like no, there is no way they shot him. But they did,” Lisa Messina continued.

The sheriff said the teen made an “aggressive gesture” that caused a sniper to fire his weapon to protect law enforcement officers.

But new evidence presented only to CBS Atlanta News by the Nick and Lisa Messina’s attorney may tell a different story.

“We have not been able to find any justification whatsoever for that Cherokee County Sheriff sniper to shoot Andrew Messina. Zero,” said attorney Chuck Pekor.

Pekor is a former federal prosecutor and a former cop who has been scouring through the case to uncover evidence that Andrew Messina didn’t need to die.

“There is nobody in there with him. There is nobody at risk except himself. You just give it time, just wait,” Pekor said.

The standoff had gone on a little more than an hour when Andrew Messina was killed. The sheriff justified the fatal shot, saying the teen threatened his officers.

Andrew Messina was inside the house holding the gun, and hit the top pane of glass with the gun. Negotiators were standing outside the house behind a wall around the corner from the door.

In the Georgia Bureau of Investigation report, Yarbrough said he heard a “pop” that sounded like a gunshot and he observed Messina through his riffle scope pointing the pistol at deputies.

“Not a single officer out there, not a one, ever saw the gun come through the hole where the break was,” Pekor said, citing the GBI report.

Pekor argues that any trained law enforcement officer would know the difference between breaking glass and a 357 Magnum being fired. And not a single shot was ever fired from Andrew Messina’s weapon.

And Pekor says there’s another problem.

“He pretty much had his back to the negotiation team when he was shot. How could he possibly have been threatening them?” Pekor questioned.

The bullet came through the door while Andrew Messina was inside the home. The autopsy report says Andrew was shot in the right side of his abdomen, and the bullet exited the left side. According to that description, the teen was facing the opposite direction from where negotiators were outside the home.

Yarbrough was on the scene less than 20 minutes before he pulled the trigger and admitted he didn’t even know if there was a hostage inside.

Pekor and others are concerned the sniper acted in haste, without being properly briefed that Andrew Messina was a suicidal teen, not a hardened criminal.

“Obviously it was an act of aggression against him. And my perception of the situation was that he was not, himself, being aggressive,” said Susan Ehtesham, one of Andrew Messina’s former teachers.

“Would this make you hesitate to call the police?” Saltzman asked neighbor Leeanna Tucker.

“I would never call them for help now,” she replied.

An internal investigation by the Cherokee County Sheriff’s Office and the district attorney both found there was no criminal wrongdoing by Yarbrough.

Saltzman made numerous attempts to interview the sheriff, the sniper and the commander on the scene, but the sheriff’s office refused, saying “The case is closed.”

But it’s far from closed for the family who has filed notice of their intent to file a lawsuit against the Cherokee County Sheriff’s Office.

Calling the police almost always makes situations worse.

 

Suicidal Sixteen Year-Old Boy Shot by Sniper in Cherokee County, Georgia is a post from Cop Block - Badges Don't Grant Extra Rights