Are you required to produce ID if a cop demands it?

Thursday, February 18th, 2010

By Carlos Miller
In the above video, a news videographer is standing on public property when approached by a cop who demands his identification (starting at 1:40).

The videographer refuses to provide his identification on the grounds that he is not doing anything illegal.

The cop, of course, gets irritated and calls for more cops.

But the videographer continues to refuse. And he continues to film, much to the dismay of the cop who comically places his hat in front of the lens.

Did the videographer have the legal right to refuse to provide ID?

Yes.

But only because he was not being lawfully detained (the key word being “lawfully” as the officer did tell him he was being detained at 4:20).

After several minutes of bullying, the videographer was allowed to leave without producing his identification because they really had no reasonable suspicion to detain him.

However, he was ordered to leave the area when it is clear from the video that other civilians are casually strolling the same area. That was another unlawful order.

But at that point, he probably didn’t want to push his luck.

He was in Texas, after all.

Contrary to what some might believe, there is no federal law mandating that we must provide identification when asked by police.

However, several states have “stop and identify” statutes that require people to produce identifications if they are being legally detained. And police can only legally detain you if they have a reasonable suspicion you have committed or are about to commit a crime.

Texas recently joined the ranks of states that have these statutes. And the following 24 states also have stop and identify statutes, according to Wikipedia.

Alabama Ala. Code §15-5-30

Arizona Ari. Rev. Stat. Tit. 13, Ch. 24-12 (enacted 2005)

Arkansas Ark. Code Ann. §5-71-213(a)(1)

Colorado Colo. Rev. Stat. §16-3-103(1)

Delaware Del. Code Ann., Tit. 11, §§1902, 1321(6)

Florida Fla. Stat. §856.021(2)

Georgia Ga. Code Ann. §16-11-36(b) (loitering statute)

Illinois Ill. Comp. Stat., ch. 725, §5/107-14

Indiana Indiana Code §34-28-5-3.5

Kansas Kan. Stat. Ann. §22-2402(1)

Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A)

Missouri Mo. Rev. Stat. §84.710(2)

Montana Mont. Code Ann. §46-5-401

Nebraska Neb. Rev. Stat. §29-829

Nevada Nev. Rev. Stat. §171.123

New Hampshire N. H. Rev. Stat. Ann. §594:2

New Mexico N. M. Stat. Ann. §30-22-3

New York N. Y. Crim. Proc. Law (CPL) §140.50 (1)

North Dakota N.D. Cent. Code §29-29-21 (PDF)

Ohio Ohio Rev. Code §2921.29 (enacted 2006)

Rhode Island R. I. Gen. Laws §12-7-1

Utah Utah Code Ann. §77-7-15

Vermont Vt. Stat. Ann., Tit. 24, §1983

Wisconsin Wis. Stat. §968.24

The Wikipedia entry breaks down police interactions into three categories; consensual, detention and arrest.

A consensual interaction is no different than an interaction between two civilians on the street. It gives the cop the right to ask the civilian questions, but it also gives the right for the civilian to refuse to answer those questions, including providing identification.

A detention interaction is where a person is being legally detained, meaning the officer needs to have some sort of reasonable suspicion that the person is involved in a crime. This is generally known as a “Terry Stop.” In the states that have stop and identify laws, the person could be arrested for refusing to provide identification.

The arrest interaction is when police have probable cause to arrest a person, which requires more evidence than mere reasonable suspicion. This, of course, allows the officer to search the person for identification once the arrest is made. If the suspect does not have identification, it could be illegal to refuse to identify oneself depending on the jurisdiction. You might remember last year’s article about a New Hampshire man who spent several weeks in jail for refusing to provide his real name.

Some police apologists might argue that if a person refuses to provide identification during a consensual argument, then that automatically turns it into a detention interaction because it gives the cop reasonable suspicion that he is trying to hide something.

But even an article written by a senior legal advisor from the Plano, Texas Police Department published in The Police Chief, described as the “Professional Voice of Law Enforcement,” confirms that an officer must be engaged in a Terry Stop before he can demand identification.

To further confound things, the rules supposedly differ when a person is operating a vehicle because state laws usually require people to produce identification upon request.

But even that has been challenged by a couple of Arizona activists who were arrested after refusing to comply with authorities after having been stopped at Border Patrol check points, including one who recently had his charges dismissed.

-30-

Take a couple of minutes and vote for Photography is Not a Crime in the South Florida Sun-Sentinel Best of Blogs Awards contest. The main category is the Best Overall Blog category. That’s the grand prize.

I was also nominated for the “Politics” category, the “Art/DIY” category and the “Photography” category. You need to register to vote, but once you do, you can stuff the ballot box by voting for each category at least once a day until the contest ends.

It only takes a couple of minutes. Think of all the time I spend updating this damn blog. It would be well appreciated.

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Texas cop arrested for “improper photography”

Saturday, February 13th, 2010
Brandon Gilroy the soaring Eagle Scout
Brandon Gilroy the accused voyeuristic cop



By Carlos Miller
Six years ago, Brandon Gilroy was celebrated for earning an Eagle Scout rank as a Boy Scout, which no doubt helped him secure a job as a university police officer after he graduated high school.

Today, at the tender age of 23, he is facing criminal charges after allegedly photographing women undressing inside a department store dressing room.

Gilroy has since resigned as police officer from St. Edward’s University in Austin.

So much for the 21 merit badges he earned as a scout.

Police say Gilroy was arrested Tuesday after he was caught placing his cellphone camera on his foot and sliding it underneath a dressing room stall at an Austin Macy’s. 

These women had a clear expectation of privacy, which is why photographing them was illegal.

Police say he was not uploading the videos to Youtube, which apparently is a common occurrence among other Peeping Tom videographers.

“What he confessed to or admitted to and it’s in the probable cause affidavit it placing the cell phone camera on the top of his foot and then sliding his foot underneath the divider between the two stalls and recording whatever it would pick up,” said Julie O’Brien, the Commander of APD’s Violent Crimes Unit.

“I’m not going to comment exactly at this point as to what we found on his home computer, but I will say that we have not recovered any evidence at this point that he was taking any of these images and uploading them to the Internet or to any voyeuristic type site,” said O’Brien.

But that doesn’t mean he did not have a whole slew of voyeuristic videos on his computer for his own enjoyment.

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Cops are here to keep us safe (cont’d)

Saturday, September 5th, 2009

Senior Corporal Michael Vaughn. Dallas Police Department. Dallas, Texas. Cops are here to keep us safe by killing 10-year-old kids on bicycles while tearing down the road at at 30 mph over the posted speed limit with no lights and no sirens on.

If you or I slammed into a 10 year old on a bicycle while doing 70mph in a 40mph zone on a major thoroughfare like Belt Line, we’d be crucified in the press and locked away for years on a vehicular homicide charge. But since Senior Corporal Michael Vaughn is a cop, even though he admittedly violated established policies for safe driving and killed a 10-year-old child through his recklessness, he gets Internally Investigated and given a one day vacation from his job.

See also:

The Police Beat

Friday, July 31st, 2009
  • Officer Justin Barrett. Boston, Massachusetts. The Boston Police Commissioner recently suspended and moved to fire Boston patrol cop Officer Justin Barrett, after being forwarded a racist-ass e-mail that Barret wrote in response to Yvonne Abraham’s Boston Globe column criticizing Sergeant James Crowley for his stupid arrest of Henry Louis Gates. All the news stories have mentioned how Barrett stated I am not a racist, but I am [prejudiced] towards people who are stupid and repeatedly described Gates as a banana-eating jungle monkey. Some also mentioned active patrol cop Barret’s statement that, had he been in Crowley’s place, he not only would have arrested Gates but would have pepper-sprayed him in the face. None of the mainstream media articles I’ve read so far have mentioned that active patrol cop Officer Justin Barrett also complains that Your defense [4th paragraph] of Gates while he is on the phone while being confronted [INDEED] with a police officer is assuming he has rights when considered a suspect. He is a suspect and will always be a suspect. (Brackets in original; emphasis mine.) Or that, alongside the violent racism and explicit totalitarianism, he adds some crude misogyny, writing to the immediate target of his letter, Yvonne Abraham, that You are a hot little bird with minimal experiences in a harsh field. … You have no business writing for a US newspaper nevermind detailing and analyzing half truths. You should serve me coffee and donuts on Sunday morning. He later repeats the joke about coffee and says that you just need to get slapped. Officer Justin Barrett, when not a racist, sexist, police-statist patrol cop, is also a veteran of the United States government’s Army; he felt comfortable forwarding his racist, sexist, police-statist e-mail to a few of his buddies in the Boston police force and several of his buddies in the Army National Guard. Since the story hit, Barrett has complained to the media that in the uproar over his repeated use of the phrase banana-eating jungle monkey, People are making it about race. It is not about race, and that, although he made a poor choice of words, I didn’t mean it in a racist way. I treat everyone with dignity and respect. His lawyer says that he plans to fight to hold onto his cop job at the upcoming hearing.

  • Disorderly conduct. Patrolman Robert Lang, Patrolman Jared Bock, and Patrolman Shawn Panchick. Brackenridge, Pennsylvania. Three white patrol cops in Pennsylvania are being investigated by another local government’s cops in response to allegations that they beat and robbed a three black teenagers who they arbitrarily commanded (why?) to clear off of a friend’s front porch where they were hanging out late at night. I don’t know whether or not the allegations of robbery are true — one of the victims, Kyle Dudley, claims that he was beat down and robbed of his watch and money by a group of cops possibly different from the three who originally responded to the call, which makes it hard to compare stories — but I do know that, whether or not those allegations are true, the story that the cops all agreed on for their report is more than enough reason to call their conduct belligerent, violent and stupid. Cops have exactly no business singling out black teenagers to be hassled, or for forcing them down and arresting them on a disorderly conduct beef simply for refusing to obey arbitrary bellowed commands that they leave a private residence where they have been invited to hang out with their friends, or a neighborhood where they are hanging out on public property. And once again, it is clear that disorderly conduct charges are the sheepdogs’ favorite threat for making that the sheep stay just where they’ve been herded, regardless of whether or not anyone is actually doing anything that would threaten anyone’s rights even in the slightest.

  • Cops are here to keep us safe. (Cont’d.) By sideswiping our cars while they tear down the road at 20 mph over the posted speed limit with no lights and no sirens on. Then by concealing information or flat-out lying in the accident report and to the media about how fast they were going, until they finally reveal, a couple days later, that the accident was, after all, clearly the fault of the cop’s speeding. Where have I seen that before…? I guess his victim is lucky that he wasn’t doing 100; if he had gotten himself hurt or killed in the crash he caused, she probably would have been arrested for reckless driving and smeared as a cop-killer all over the local papers.

  • Fun for ages 7 to 70. Unnamed patrol officer, Knoxville, Tennessee, and Deputy Chris Beize. Austin, Texas. In Knoxville, a government cop, who had important business to do Investigating reports of some neighbor kids getting into a fight, has been accused of trying to coerce a 7 year old boy into talking more candidly by handcuffing the child and cussing him out, while the boy was crying and asking for his mother. The 7-year-old was not involved in the fighting and was never suspected of, or charged with, any crime. Officials refuse to so much as disclose this dedicated public servant’s name, but they promise that the matter is being Internally Investigated.

    Meanwhile, in Texas, Deputy Chris Beize tasered Kathryn Winkfein, a 72-year-old great-grandmother, twice during a routine traffic stop, after she refused to sign a ticket and he decided to escalate the situation by ordering her out of her car, instead of just mailing the damn thing to her home address. Beize claims that she swore at him (which is not a crime) and that she pushed him into oncoming traffic (no she didn’t; the dashcam video clearly shows that he lunged over and grabbed her and shoved her back several feet, when she tried to de-escalate the situation by sidestepping him to get back to her truck). Then he blasted her with a 50,000-volt electric shock from the taser, and then tasered her again while she was lying on the ground. Then he arrested her for resisting arrest. His superior officers in the paramilitary chain of command have defended Beize’s hollering belligerence, physical assault, and torture by repeated electrical shocks, against an unarmed, 4′11″, 72-year-old great-grandmother who never threatened any physical harm and was guilty of nothing more than a moving violation and contempt of cop, as an appropriate reaction to a dangerous situation. By the by, when Beize is not busy shocking the hell out of elderly women, he is a taser instructor for the local police.

  • Officer Morris Taylor. Springfield, Missouri. Officer Morris Taylor, a cop formerly on the Springfield, Missouri city government’s police force, is facing misdemeanor assault charges for beating John Sedersten, a prisoner under his authority, after Sedersten had been restrained and booked in the Greene County Jail. The story’s in the news because Sedersten, the victim of the beating, recently decided not to testify against Taylor in the criminal case, on advice from his attorneys, because of the danger that his testimony will open him up to lines of questioning that the government can use against him in his pending criminal cases. Sedersten is pursuing a separate civil lawsuit against Officer Morris Taylor for the beating; apparently he’s just not particularly interested in working closely with the same government office that is trying to lock him up in other cases, particularly not for so minor a vindication as a misdemeanor assault conviction. Even without his testimony, apparently portions of the assault are recorded on video.

    Besides having spent 11 years in local government police forces, Officer Morris Taylor also has experience in dealing with prisoners from working as a government soldier in the U.S. government’s war and occupation in Iraq.

  • Deputy Marcus Smith. San Joaquin County, California. San Joaquin County Sheriff’s deputies stopped a car on a routine traffic stop near Manteca; Charles Inderbitzen was riding in the car. Inderbitzen was ex-con out on parole, and believed that he had a warrant out on him, so he got nervous around the cops. He tried to leave the scene without the cops’ permission; even though the police had no reason whatever, at this point, to suspect that he had committed any crime, or even (since he was not the one driving the car) of even the most minor civil infraction. But government cops in America aren’t actually interested in dealing with crimes; they are interested in targeting suspects, and are more than willing to summarily declare you a suspect sort of guy based solely on your failure to follow their arbitrary bellowed commands, or your decision to try to leave the scene when they are present. So a gang of police chased Inderbitzen down, cornered him in a back yard, drew their guns on him, and ordered him to get on his knees and put his hands on his head. After Inderbitzen complied with their orders, with several cops pointing guns at him and while physically at their mercy, Deputy Marcus Smith hopped the fence, kicked Charles Inderbitzen in the gut, punched him in the back of the head, kicked him two more times in the stomach, and then punched him about 5 or 10 more times until Inderbitzen was beaten unconscious. I guess he’s lucky they didn’t taser him to death instead.

  • Oops. Our bad. Deputy Matthew Paul. Seattle, Washington. Christopher Harris was trying to get away from a group of King’s County police (or rather, a gang of beefy, heavily armed strangers, dressed all in black, who didn’t bother to identify themselves before they started hollering and chasing after him late at night). Turns out he didn’t actually do anything wrong (they were chasing him because a witness fingered him as having been involved in a bar fight; the witness was wrong). But rather than risking the possibility that someone possibly might get away from the cops (even when he had no way of knowing they were cops, who had every right to leave the scene, who posed no physical threat to anybody, and who, at the very worst, was suspected of some minor-league drunken fighting), Deputy Matthew Paul, who outweighed his victim by about 100 pounds, decided to put an end to things by waiting until Christopher Harris slowed down to a walk, and then body-tackling him so hard that he knocked him eight feet into a wall, slamming Harris’s head into the concrete so hard it put him into a coma. The story’s in the news because Deputy Matthew Paul’s coworkers in the King County government’s prosecutor’s office have announced that, as far as they’re concerned, Deputy Matthew Paul did not violate Christopher Harris’s rights and the only personal consequence that Deputy Matthew Paul will face, for putting his falsely accused, completely unarmed and physically harmless victim on life-support, is having been given a paid vacation from his job for a while during the investigation. According to the county government, It’s a tragic incident. Well, oops. I guess he’s lucky they didn’t just shoot him in the back instead.

  • Non-Lethal Force (Cont’d.) Unnamed officer, Officer Debra Lynn Indovina-Akerly and Officer Charles Watson. Swissvale, Pennsylvania. Last summer, a 37 year old unarmed black man named Andre DeMon Thomas was extrajudicially electrocuted by a gang of three Swissvale cops, who tortured him with three 50,000-volt electric shocks, handcuffed him, and, after he was handcuffed, kicked him, punched him, and crushed him until he vomited, passed out, and died. They were electrocuting him, incidentally, For His Own Good, after he begged neighbors to call the cops to help him out. He was unarmed; he wasn’t acting aggressively; none of the neighbors felt threatened by him; he was never at any point charged with any crime at all by anyone; he seemed disoriented and terrified, and he wanted the cops there to keep him safe. But in cop-think, being terrified and disoriented means acting erratic, and acting erratic in the judgment of a cop, even if you pose no threat to anyone and even if you have not been so much as accused of committing a crime and even if you are yourself seeking help, is reason enough for you to get Served and Protected good and hard until you are physically subdued. Or dead, whichever comes first. [And]((http://radgeek.com/gt/2009/06/22/the-police-beat-3/) yet again, it became necessary to kill Dre Thomas in order to save him. The case is in the news again because the family has filed a lawsuit and the coroner’s autopsy report, which revealed deep and widespread bruising all over Thomas’s body, contradicts the Medical Examiner’s initial report absolving the cops and claiming that Thomas died from a mythical made-up condition called agitated delirium.

  • Gang cops (Cont’d.). Gang Strike Force, Minneapolis and St. Paul, Minnesota. Seven victims of racist shakedowns by a multi-agency paramilitary Gang Strike Force in the Twin Cities have filed suit against the members of the Strike Force, the city governments that put it together, and the boss cops who commanded it. The Strike Force was permanently shut down earlier this month after repeated complaints about the cops on it making improper seizures, which is to say armed robberies under color of law, of money and property from innocent people with no connection to gang activity, but who happened to be immigrants (hence easy targets). If only we had some warning, had some way of knowing, that an elite gang police unit with an unlimited mandate, overwhelming force, and extremely broad legal powers to roust people and take their property with minimal legal accountability, might end up just acting like the baddest gangsters on the block. But who could possibly have foreseen that? It’s not like anything like this has ever happened before.

  • Detective Keith Alfaro. San Antonio, Texas. A couple years ago Detective Keith Alfaro of the San Antonio police department got himself involved in what the media at the time dignified as a poolside scuffle with a teenager. By which they meant that he punched an 18 year old girl in the face, then, after he knocked her down, got on top of her, put her in a chokehold, and, according to an unrelated witness, pummeled her black and blue while she was on the ground. After Alfaro ran away from the Sheriff’s Deputies who responded to a call, Vaughn had to be taken to the hospital; she still couldn’t open her jaw for weeks after the attack. The reason he did this was that she told him to put out a cigar he was smoking; the community pool had a no-smoking rule. Tamara Vaughn claims she asked him politely; Alfaro claims she copped an attitude, got up in his face, dared to say some vulgar words in his hearing, and tried to swipe the cigar out of his mouth. Apparently, even if we grant his story to be true, Detective Keith Alfaro believes that that’s good enough reason for a grown-ass man to throw the first punch, then beat the living hell out of an 18 year old girl while she’s lying on the ground, and that doing so was totally defensive … It was her own actions that forced me to take those measures. Perhaps that’s also what forced him to answer her request that he not smoke a cigar at a non-smoking pool by telling her to take that East Side attitude back over there; maybe that’s also what forced him to call her a nigger and a half-breed while he was beating the hell out of her, or to tell Vaughn, who is a lesbian, that You wanna look like a man, I’m gonna treat you like a man.. Detective Keith Alfaro testified that his problem was not with her race but with her attitude (you know, the East Side kind), and that She though she was talking to a child, … She thought she was talking to someone she could bully — not an adult family man. Apparently Detective Keith Alfaro believes that an adult family man deals with tense social situations by punching 18 year old girls in the face and dislocating their jaws. In any case, this adult family man bragged in an online profile for an Ultimate Fighting website about his countless street KO’s.

    The story is in the news again because Keith Alfaro finally ended up going to trial this year on a misdemeanor assault rap, along with some resisting and evading arrest for having run away from the Bexar County Sheriff’s deputies. And just today, after the judge refused to allow Bexar County prosecutors to tell the jury about the online bragging about street fights, or about the numerous existing complaints against Alfaro in his internal affairs file (complaints which, of course, never endangered his position with the San Antonio Police Department, until he got into a fight on another police agency’s turf), the jury voted to acquit Alfaro on the assault beef. They convicted him on the misdemeanor evading and resisting arrest charges, because apparently busting up an 18 year old girl’s jaw is OK, but they’ll be damned if they’ll let anyone get away from the po-po.

  • Rapists on patrol. Officer Feliciano Sanchez, Los Angeles, California. (Possible trigger warning.)

    Officer Feliciano Sanchez, formerly hired muscle for Los Angeles County’s Bell Police Department, recently plead guilty to using his police powers to abduct a woman he had detained on a traffic stop, drive her to an isolated location, and then flashed his gun and coerced sex from her before he would let her free. Bell Police Department Captain Anthony Miranda says he is shocked to hear that a male cop might use his government-granted legal powers and his arsenal of deadly weapons to intimidate and violently coerce sex from women who come under his power. He says that he’s in disbelief because he’s never heard of such a thing before. Well, I’m not. I have.

  • 18 shots for running a stop-sign. Officer James Arnold. Fort Wayne, Indiana. The city government in Fort Wayne, Indiana just spent $335,000 of other people’s money in order to cover Office James Arnold’s ass after he shot an unarmed immigrant named José Baudilio Lemus-Rodriguez 18 times, after Lemus-Rodriguez refused to pull over for a routine traffic stop for running a stop sign.

    Fort Wayne Police Officer James Arnold, by the way, was just four months on the force when he lit up Lemus-Rodriguez’s car; before that, he had years of combat experience as a United States government Marine fighting for the U.S. government’s occupation and counter-insurgency operations in both Iraq and Afghanistan.

    Allen County Prosecutor Karen Richards refused to file any criminal charges; the city hired on a PR flack to declare Arnold’s actions objectively reasonable. The city’s main concern in settling the family’s lawsuit, besides using taxpayer money to cover Officer James Arnold from any personal legal liability for his lethal actions, is apparently as a bribe to ensure that the objective video record of the objectively reasonable shooting remains permanently concealed from the public.

Institutionalized sadism

Thursday, March 19th, 2009

(Via Atomic Nerds 2009-02-08, flip flopping joy 2009-03-03, and NPR.)

See if you can figure out what all of these cases have in common.

Trigger warning. The stories below involve verbal descriptions, and a news video below includes repeated displays of silent but very graphic footage, of extreme physical violence by adult teachers and male police officers against young men, young women, and girls under their authority.

In Idaho, an eight-year-old girl who has been labeled with Asperger’s Syndrome was taken out of a class Christmas party at her government-run school, because she was wearing a hoodie with cow ears and a tail, which she refused to take off on the arbitrary orders of her teacher. For this minor dress code violation, she was stuck in a separate room and intervened with by a pair of teachers. While she was under their power, she peacefully tried to walk out of the room through an open door, so the adult teachers physically grabbed her and forced her down into four point restraint; when she screamed and tried to get out of the painful hold they had put her in, the teachers then called in the county government’s police, who came in, grabbed this 54-pound girl, handcuffed her, marched her out to a police car, and took her to a juvie prison, for battering the teachers who were physically restraining her when all she wanted was to be left the hell alone. This sustained assault by several different adults, some of them heavily armed, on an upset child, which has left her with bruises, is dignified as a scuffle by the newspapers:

The mother of an 8-year-old autistic girl who was arrested after a scuffle with her teachers said it was horrifying to watch her daughter be led away in handcuffs from her northern Idaho elementary school.

Police in Bonner County, Idaho, charged the girl, Evelyn Towry, with battery after the arrest Friday at Kootenai Elementary School.

Even though prosecutors dismissed the case Tuesday, the family is considering legal action against the school. They say their daughter was physically restrained to the point of causing bruises and is now tormented by memories of the incident.

… Towry said Evelyn, who loves Spongebob Squarepants, told her she was put in a separate classroom away from the party, but when she tried to leave, the teachers told her to stay put. Evelyn did not listen, Towry said, and the adults physically restrained her.

She reacted in a violent way to the physical restraint, Towry said.

Towry said her daughter demonstrated for her how she was held down by her arms and legs. And Towry videotaped the thumb-sized bruises she says were left on Evelyn’s legs from the incident.

She said I was very scared, Towry said. She told me she was being hurt.

Dick Cvitanich, superintendent of the Lake Pend Oreille School District, which includes the school where Evelyn was a student, said the school called police because there was escalating behavior that resulted in what we perceived to be an assault on staff.

No doubt; but who, in this situation, was doing the escalating?

Teachers and the principal wished to pursue charges because they felt there were ongoing problems and this was the only way to resolve it, Lakewold said.

But Towry said her daughter thinks she got into so much trouble simply because she didn’t want to take off her cow costume.

When asked what she likes best about school, Evelyn responded quickly and emphatically.

Nothing, she said. I don’t like school.

Sarah Netter, ABC News (2009-01-04): Parents Consider Legal Action After Autistic Girl, 8, Arrested at School

Meanwhile, in Occupied Seattle, a 15 year old black girl was taken to a government jail by the county government’s cops after she and a friend went on a joyride in her friend’s mother’s car. While under their power, according to the cops, she got quote-unquote real lippy over how they were treating her, and went so far as to call them some unkind names. Then, when she was being locked in a cell, the cops ordered her to take off her shoes; she kicked off one of the shoes towards the heaily armed cop who was about to lock her securely in a room she couldn’t escape from. Instead, he decided to take this escalating behavior as assaulting a police officer, which is of course a perfect opportunity for intervention — in this case, rushing the 15 year old girl, kicking her in the gut, slamming her against the wall of her cell, pulling her back by her hair, slamming her to the ground, pinning her down, and smashing her repeatedly with his fist while she was physically restrained by himself and his gang brother.

Meanwhile, in Texas, at the Corpus Christi State School [sic] — it is actually a government-run institution where about 360 people, ranging in age from 18 to 77 years old, are legally committed, temporarily or permanently, with or without their consent, for being labeled as mentally retarded, especially if they severe behavioral and/or emotional problems — about a dozen workers are under investigation after cell phone videos surfaced in which they rousted up some of the young men under their power, late at night, surrounded them, shoved them, kicked them, and goaded them into fighting each other for the entertainment of the trained, professional staff.

At a state institution for people with mental retardation in Texas, six staff members have been charged with taking part in staging what have been called human cockfights, using residents with mental retardation. […]

The fights became known only because one of the workers lost his cell phone. It was found and turned over to an off-duty police officer. The phone had videos of more than a year of staged late-night fights, some as recent as this past January.

Joseph Shapiro, NPR Morning Edition (2009-03-18): Abuse At Texas Institutions Is Beyond ‘Fight Club’

The criminal charges stem from allegations this week that Corpus Christi state school employees forced disabled residents into orchestrated, late-night fights over the course of more than a year. They were caught after they captured at least 20 of the episodes on a cellphone camera, one turned over to police.

Five of the suspects – Timothy Dixon, 30; Jesse Salazar, 25; Guadalupe Delarosa, 21; Vince Johnson, 21; and Dangelo Riley, 22 – are charged with injury to a disabled person, a third-degree felony. Their bail has been set at $30,000. A sixth suspect, 21-year-old Stephanie Garza, is charged with a state jail felony for allegedly failing to intervene in the fight clubs. Her bail is set at $15,000.

Arrest warrants obtained by The Dallas Morning News allege five of the employees encouraged, filmed or narrated the fights – which were documented in dozens of still images and 20 videos taken over six months in 2008. Riley is allegedly seen kicking a resident during a fight, while Dixon, who appears from the warrants to be the phone’s owner, is accused of doing much of the filming and narration. Four of the videos show residents sustaining injuries.

Emily Ramshaw, The Dallas Morning News (2009-03-13): State school worker linked to fight club scandal arrested; 5 others sought

Texas authorities are outraged. But they would like us to know that this is an Isolated Incident:

He said he hasn’t heard of fight club scenarios at any other state schools.

I haven’t heard any other allegations yet, he said. So far, these circumstances, these staffers, appear to have been the exception.

Emily Ramshaw, The Dallas Morning News (2009-03-12): Texas officials make surprise visits to state schools after Corpus Christi fight videos surface

Right — an exception. Just like the literally hundreds of other exceptions that we were discussing here less than a year ago, which The Dallas Morning News, among others, have documented at Texas state mental institutions in the last 4 years — the use of physical threats, headlocks, chokeholds, tackling, dragging, beating, raping, to please the whims of Mental Health staffers or to dominate and control the patients unwillingly forced to endure their care. Meanwhile, at Corpus Christi alone in 2008 alone, there were nearly 1,000 allegations of abuse, neglect or mistreatment in 2008; 60 reports were confirmed by the administrators. 60 confirmed reports is bad enough, but what’s worse is how many of those unconfirmed reports must surely be the result of the usual institutional cover-ups and white-washes. How much do you think you could get away with if all your coworkers could be counted on to get your back, and if reports of abuse by your victims could be waved off as literally the product of insanity or feeble-mindedness?

Several of the stories about this horrible case have gone straight for the agonized hand-wringing:

The accusations have raised questions about how workers trained and hired to care for some of the most vulnerable people in society could instead treat them with cruelty.

Joseph Shapiro, NPR Morning Edition (2009-03-18): Abuse At Texas Institutions Is Beyond ‘Fight Club’

AUSTIN – Cellphone videos of Corpus Christi State School employees forcing mentally disabled residents into late-night prize fights have left Texas families and advocates for people with disabilities in search of answers – not just about security but about human nature.

How can one human being treat another in such a wicked way? Experts disagree on the roots of such abuse. It might be a byproduct of the stressful situations people are in. It could also be innate sadism.

Emily Ramshaw, The Dallas Morning News (2009-03-14): Forced fights at Corpus Christi State School raise disturbing questions

We are also told that maybe it’s a lack of education; maybe there’s something about the impersonal nature of large institutions; maybe it’s all peer pressure. But really, once the hand-wringing about human nature and peer pressure and all the rest is gotten out of the way, one explanation is always put forward, by those who have access to the media, as a matter of unquestionable consensus: obviously, Experts tell us, it’s the lack of training, the poor pay, and the lax supervision of the personnel who are put in the position of de facto prison guards for hundreds of institutionalized people. This is used as an entre into asserting the alleged need for more tax money, more prison guards, more Expert training — and insisting that these state institutions don’t have enough privileges and money from the state government; that they need even more money to hire and pay the very people who have turned their institutions into dangerous hellholes. E.g.:

But they [Experts] concur that the formula at Texas’ 13 institutions for the disabled – young, inexperienced and underpaid workers in charge of the state’s most vulnerable residents – lays the groundwork for disaster.

Left alone, human beings will engage in the most surprising kinds of misconduct and adjust their mentality to fit, said David Crump, a University of Houston Law Center professor who specializes in the psychology of evil behavior. We should expect this unless we take concrete and meaningful steps to prevent it.

Of course, if you’ve read this far, you’ll have no trouble believing that people are capable of all kinds of cruelty. But if you’ve read this far, you’ll also know that this kind of non-explanation is the worst sort of hogwash. People don’t, as a rule, pin and handcuff random little girls on the street; they don’t beat the living hell out of customers at their workplace who cop an attitude; they don’t run into college dorms late at night to intimidate and goad groggy students into fights for the purpose of bloodsport. Nobody but a lunatic does this sort of thing to people who can choose to interact with them or not to interact with them, or in social contexts where they are dealing with equals who have a right to make their own decisions about what’s for their own good and who can expect to be taken seriously if they complain about ill-treatment.

These horrors do happen, and people do them, over and over again, and they are perfectly predictable — but they are perfectly predictable only in a very specific social and political context. The NPR story acts surprised that in government institutions like jails and schools and mental wards — institutions that people are forced into, against their will, when they have been marginalized by their age or their psychiatric labels or by the socio-legal processes of criminalization — the people who, as the legally-designated enforcers of the government institution’s prerogatives, enjoy unaccountable power to restrain and order around the most vulnerable people in society, might abuse that power with this kind of cruelty. But in fact this is only surprising if you forget the fact that the people under their care have been made vulnerable, legally vulnerable, precisely in order to make the institution go on running with or without their consent, and if you forget everything you ever knew about how people act when they enjoy unaccountable power over victims who cannot leave, even if they pose absolutely no physical threat to anybody, and who will not be taken seriously if they should protest. This only looks like a surprise if, in short, you go on imagining that this sort of violence is an abuse of the systems of government institutionalization, rather than part and parcel of what these institutions represent. These things happen over and over again, not at random but specifically in nonconsensual government institutions, in the dedicated facilities of social marginalization and segregation under the auspices of State power. They happen not because of peer pressure or intrinsic sadism but because of power pressure and institutionalized sadism — and we hear about them, in every state of the Union and on every day of the week, one more Outrage after another, but without the dots connected, indeed with the dots carefully left un-connected, because of the enduring, and grotesque, faith that with just enough nonconsensual funding, with just enough careful training and professional dedication, you can somehow make a nonconsensual government institution run the right way, and you can somehow maintain the conditions of a prison camp without the violence that prison guards always exercise. In fact, these institutions are already running the right way, in a manner of speaking — this is Situation Normal. And there is only one thing that will ever change it — abolishing the conditions that nurture and sustain it.

The reality is that what is needed is not more money, or more guards, or better training, or even a culture change. A culture change would be a step forward, but the real solution that is needed is something that goes far deeper: a solution that strikes at the root from which that culture and these conditions grow. What is really needed is a power change, so that psychiatric wards are no longer artificially packed by court order, so that patients can leave and seek help through other means if conditions become unbearable, and so that supposed patients are no longer treated against their will and held down at the mercy of their helper-captors. If you make a hospital into a prison camp, then it should be no surprise when the hospital caregivers start acting like prison camp guards. The only thing to do — the only thing you can do that will not just recreate the same problem in a superficially different form — is to respect the will of patients, to treat violence against them as a real crime worthy of punishment, to repeal the laws that privilege and protect their captors, and to break open the doors and tear off the straitjackets that hold them back from living their lives as human beings, rather than as objects of pity and coercion.

GT 2008-05-05: Texas psychoprisons

See also:

Professional courtesy, part 2: thugs on patrol

Wednesday, November 26th, 2008

Here’s what I said back in April about what professional courtesy means when it comes to law enforcers:

The term professional courtesy comes from the traditions of medicine: many doctors will not charge money when they treat another doctor’s immediate family. When doctors talk about professional courtesy they are talking about a very old system of mutual aid in which one doctor agrees to do a favor for another, at her own expense, for the sake of collegiality, out of concern for professional ethics (to offer doctors an alternative to having their own family as patients), and because she can count on getting similar services in return should she ever need them.

But when the Gangsters in Blue start talking about professional courtesy, they’re talking about something quite different: a favor done for a fellow gang member at no personal expense, with the bill sent to unwilling taxpayers who must pick up the tab for the roads and parking; and a favor done in order insulate the gangsters and their immediate family from any kind of ethical accountability to the unwilling victims that they sanctimoniously insist on serving and protecting. Professional courtesy in medicine means reciprocity in co-operative mutual aid in healing sick people; professional courtesy in government policing means reciprocity in a conspiracy to make sure that any cop can do just about anything she wants by way of free-riding, disruptive, dangerous or criminal treatment of innocent third parties, with complete impunity, and the rest of us will get the bill for it and a fuck you, civilian if we don’t like it.

It turns out that the Virginia State Patrol is stretched thin right now: money is tight because of the state’s economic and budgetary troubles, and — as a result — they’ve delayed a lot of new hiring and they’re having trouble getting up enough active cops for adding special agents to the Joint Terrorism Task forces, creating a Homeland Security Division and dedicating more troopers to investigate illegal firearms purchases at gun shows. (Well, good. Three cheers for the state’s budgetary troubles, if they make for a financial roadblock against ridiculous gun grabs and Stasi statism.) But now check out what the coppers at Officer.com have to say about the Virginia State Patrol in the comments:

Posted by JJS (09/24/08 - 10:41 AM)

VSP has a bad reputation for writing tickets to other officers.

How dare they? Cops deserve to be treated more considerately than everybody else when they are stopped by other cops.

Posted by People Are Sheep [sic!] in Maryland (09/24/08 - 11:19 AM)

VSP Anti-Courtesy

For years, I have heard rumors about VSP stopping and citing police officers both on and off duty. Whatever the circumstance, it is not in the professional interest (and sometimes legal interest) for ANY police officer/trooper to stop (or attempt to stop) any on duty marked police vehicle. In some states, it’s unlawful to do so … and in some states, an arrest warrant or state’s attorney consultation is required BEFORE a stop is made and charges are cited. Off duty officers/troopers should use common sense when driving. Period. On the same token, on duty officers/troopers should use common sense and professional courtesy when it appropriate. […]

In nearly two decades as a police officer, I have stopped many, many off duty police officers for traffic violations. During those times, I have issued no tickets and made no arrests. There are alternatives to citing and arresting off duty cops: verbal warning, calling their supervisor or just assisting the officer reach their destination safely. All options are, of course, dependent upon the violation at hand.

Remember, we are all that we have out there on the street … each other. The legendary conversation between an overzealous on duty officer and the off duty officer during a traffic stop bears truth: After signing the ticket, the off duty officer says, Just remember, I could be your closest backup out here.

In other words, this sanctimonious server and protector has spent the past two decades completely abdicating his supposed professional responsibilities when they involved holding a fellow cop accountable for endangering the safety of the people he and they are supposedly hired to protect. Because he thinks it’s important never to forget that some day he may need his gang brothers to get his back.

Posted by Harry in District of Columbia (09/24/08 - 04:09 PM)

VSP Anti-Courtesy an understatement

I can in contact with a vehicle that struck a fix object at 21st and Washington Circle NW Washington, D.C. The vehicle was an unmarked VSP vehicle occuppied by 4 VSP officer. All of them had been drinking. knowing what there fate would be if I’d taken a report I had them make a call and two other off duty VSP officer responded to my location, sober, and I allow all to leave. I figured it was up to them to explain to there supervisor the damage to the unmarked cruiser. Now if they had struck another vehicle civilian driver or pedestrian there would have been a different outcome.

Shortly after that I was driving southbound on Rt.29 in Nelson County, VA at 0300hrs and was stopped by a VSP for doing 67 in a 55. I never identified myself as a police officer, probably because I had FOP licence plate, and he never inquiried, and wrote me a speeding ticket. He never spoke a word.

A month later I stoped a civilain vehicle driven by a off duty VSP trooper for a traffic violation, he immediately produced ID and I told him to that a nice day.

VSP is really short on professional courtesy.

A Texas Highway Patrol enforcer defends the honor of his crew from the allegations of a Houston cop:

Posted by TXTroop in TEXAS (09/25/08 - 11:36 AM)

VA & TX

Let me first start off by saying that RICK G in Houston is an idiot. We DO NOT get uniformed officers out of their vehicles to stand on the side of the road. If this happens in Houston it is because Houston PD officers have a habit of holding their badges out the window when they are being stopped. Very UNPROFESSIONAL. As far as our stupid cowboy hats go, even the hood is affraid of the HATS. Now that the idiots comments have been addressed, if VA Troopers are writing other officers, on or off duty shame on them! The only reason any state has a shortage of Troops is PAY. Troopers all over the Nation are reveered as the best officers in their state, they should be paid as such. Sounds like VA needs to up their pay and implement the DONT PUT COPS ON PAPER - TICKETS OR WARNING plan!!!

TXCOP in the DFW area scratches their backs and expects them to scratch his:

Posted by TXCOP in DFW AREA, Texas (09/25/08 - 11:16 PM)

Wow sounds like Rick G. got really upset. Before I moved to Texas I was a LEO in Baltimore City, Md. The only contact I had with VSP was being stopped for speeding something like 80 in 60 or something its been a few years now. But the trooper (an older older officer) made me for a cop and after showing my ID he asked me to slow down and to cut him and his friends a break next time they visit the city for a Ravens or orioles game. Now on that same trip (enroute to visit family in Texas) I was stopped about 40 miles into Texas from arkansas on I 30 by a Texas State Trooper he pulled up next to me hit the alley light and motioned to me so of course I waved at him and continued driving after a minute he motioned again so i figured he wanted me stopped so I shook my head and slowed down he then proceeded to hit the red lights and stop me and the guy in front of me. So here I am the officer stopped between both of us he came to me first and I told him I’m a Leo and have a gun so that he would not be surprised. He asked me to stay with him while he finished the other stop and then he would let me be on my way. He wrote the other guy a citation came back wrote me a warning to get his stat and then I gave him a Uniform patch and was gone.

From a Virginia sheriff’s deputy:

Posted by VA Deputy (09/26/08 - 04:58 AM)

As for professional courtesey… I have worked for a PD and a S.O. and for all you out of town guys, not everyone in VA is into writing LEO’s… professional courtesey ia alive and well in the local jurisdictions… Too many people on the outside are trying to hang us on a daily basis for no reason, we shouldn’t be hanging ourselves. As long as you don’t come out of your vehicle swinging at me, you got a pass here… Stay Safe.

That’s As long as you don’t come out of your vehicle swinging at me and you wear he same gang colors I do, of course. Those passes are not for mere civilians.

I should say that when I refer to cops as a street gang or Gangsters in Blue or what have you, I’m not indulging in metaphor. I don’t mean that cops act kinda like gangsters (as if this were just a matter of personal vices or institutional failures); I mean that they are gangsters — that is the policing system operating according successfully to its normal function — that they are the organized hired muscle of the State, and that the outfit operates just like any other street gang in terms of their commitments, their attitudes, their practices, and their idea of professional ethics. And if you wonder why, it may help to ask yourself what kind of person, and what kind of outfit, you’d need to have for this kind of talk, and this notion of professional courtesy, to make any kind of sense.

Translation from cop-speak to English

Saturday, October 25th, 2008

The San Antonio police department recently adopted a perfectly reasonable policy restricting the use of tasers to situations in which there isn’t any risk that somebody will get killed. Here’s part of a reader’s comment in reply to the story about the policy in POLICE: The Law Enforcement Magazine:

I think the one officer at a time is a good policy, but to deny them the use of the Taser is WRONG! What are we supposed to do, go back to the baton or billy club? Once an officer is SCARED he will resort to whatever it takes to save him/herself.

—konaron @ 10/16/2008 8:04 PM

Translation: according to konaron, cops are a bunch of twitchy, trigger-happy cowards who will resort to any kind of violence, no matter how excessive, in order to save their own skins. Therefore police department policies should indulge their violence as far as possible, even if it means letting them kill people with their non-lethal weapons.

And I’m the one who’s supposed to be running down cops?

See also:

Two cheers for police corruption

Friday, September 12th, 2008

So there are a lot of cops who are involved, somehow or another, in the drug trade. Sometimes they sling the drugs themselves; often, they just protect drug dealers from arrest. Like any form of Prohibition, government Drug Prohibition creates a condition in which there are lots of black market operators who are willing to pay bribes, and lots of cops who are willing to take them, in order to keep the drug trade running without police interference. The cost of the bribe is a drain, but the profits from a well-run drug dealing outfit make up for it, and the cost of the bribe is less than the cost of getting locked up in prison for several years. In fact, the Drug War Chronicle runs a regular feature called This Week’s Corrupt Cop Stories, which I guess is intended to show how the conditions fostered by Drug Prohibition inevitably produce police corruption. A point which is pretty well conveyed just by the fact that they have plenty of stories to run every single week, as much as by any of the individual stories that they run.

But there’s a problem with the word corrupt. To become corrupt is to become impure, damaged, or worse. To be corrupt is to be doing something wrong — and when we apply it to people, it usually means that someone is bribed into doing something depraved in exchange for some form of material reward — most commonly violating personal or professional ethics in exchange for money. But protecting a drug dealer from arrest is only unethical if you have an ethical obligation to arrest drug dealers. If, on the other hand, Drug Prohibition is unjust — if enforcing drug laws means violating the rights and the freedoms of innocent people, often by locking nonviolent offenders in a cage for years at a time even though they violated nobody else’s rights — then cops have no ethical obligation to arrest drug dealers, because nobody has an ethical obligation to do an injustice to innocent people. Then a lot of what commonly gets called police corruption is really nothing of the sort; so-called corrupt cops may be turncoats in the Drug War, but they are turning from the wrong side to the right side. Those who protect drug dealers from arrest are no more dirty than cops in antebellum America who refused to turn fugitive slaves over to the slave-catchers, or cops in Nazi Germany who refused to turn hiding Jews over to the Gestapo.

Of course, someone who has to be bribed into doing the right thing may not deserve blame for what she does; but she probably doesn’t deserve praise either. And so-called corrupt cops may in fact do other things that do deserve blame. (Many, if not most, of the narcs or patrol cops who get involved in the drug trade do end up acting much like Terrence Richardson in Houston — that is, as thieves, thugs, or shake-down artists, using their police power or threats of violence in order to intimidate and coerce competing drug dealers who don’t have the same connections to the Gangsters in Blue. But here the problem isn’t that the cop is slinging drugs. The problem is that the cop is cracking skulls of other people who sling drugs, and getting the drugs he slings by stealing them from other drug dealers.) Hence the two cheers, rather than three. But then consider a case like that of Keenan Colson, a cop in Lake Wales, Florida:

Lake Wales police officer Keenan Colson, 50, was arrested Wednesday by the Polk County Sheriff’s Department on multiple charges stemming from information he leaked to 25-year-old Clayton Hoerler, a known criminal offender, including blowing the cover of an undercover cop, said LWPD Chief Herbert Gillis.

[…] Colson faces one count of conspiracy to engage in a pattern of racketeering action, five counts unlawful use of two-way communications device, and four counts unlawful use of computer access after he was tied to an investigation that ultimately netted 18 people arrested in conjunction with what was described by county law enforcers as a violent marijuana distribution ring.

Polk County Sheriff Grady Judd agreed with Gillis, noting in a phone interview Thursday that the blame rests solely on Colson and his actions.

It’s important to point out we don’t in any way suspect anyone other than Keenan Colson. We don’t want to leave any impression of that being anything other than an ethical police department. They run a great shop there. The men and women there are very dedicated. This is just one crooked cop, he said.

But it was one cop nobody seems to have expected to compromise the integrity and safety of his fellow police officers.

Colson’s actions sent shock waves throughout the LWPD.

Captain Patrick Quinn said he was hurt and shocked because he regarded Colson as the rock, a man who was always there, went to his calls, took his reports, was dependable.

Quinn, who was not involved in the investigation, was briefed about the situation on Tuesday.

Several people fall from grace, he said. That stinks, that hurts. We hire people, unfortunately people are going to do stupid things sometimes.

Quinn said Colson made a bad choice and was going to have to answer for his bad choice, but added that everyone in the department was upset.

We have lost a member of our family for his bad choice, he said.

What frustrated the chief so much is the concept that the lives of other officers were put in danger. Undercover work presents challenges of it own, he noted, calling it one of the most dangerous jobs in law enforcement because of its vulnerability.

And for Keenan Colson to identify to criminal offenders, this undercover officer, this undercover deputy, could have caused him to be killed, and could have caused the deputies that were working with him, the undercover officers to be injured, he said. That is something that will never be forgiven.

Gillis said Colson’s arrest was about justice for the police officers that are doing a good job every day. And it is those who trusted Colson that wonder what went awry with him.

Having had no prior indications to believe that Colson was capable of betraying his fellow officers, the chief described Colson as a very likable guy, very respectful, very quiet, very courteous.

How he got hooked up with a known criminal offender still stumps investigators, Gillis said.

Judd said he isn’t sure of the connection either, but said investigators did believe there was a prior relationship. In the late 1990s, Colson was an officer in Lake Hamilton, and Clayton Hoerler, identified as being one of the alleged ring leaders, apparently lived in Lake Hamilton at that time as well. Hoerler, 25, was identified this week by the county sheriff’s office as being a Lake Alfred resident.

We know from the investigation that they were good friends, Judd said. We know they discussed criminal activity freely, and that Colson give him intricate instructions in how to avoid arrest and how to protect himself from covert investigation. He was certainly the consultant for Hoerler.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

If that’s what Keenan Colson did, then good for Keenan Colson.

The Drug War is an aggressive war by the government against innocent people. Neither using marijuana, nor selling marijuana violates anybody else’s rights. Like all so-called victimless crimes, it is in fact not a crime at all in any moral sense; crimes have identifiable victims, and consensual exchanges between willing parties have none. Cops who use force to shut down drug dealing outfits — and that is the only way that cops shut anything down, by beating people, tasering them, pepper-spraying them, pulling guns on them, restraining them, handcuffing them, confining them in police cars and holding cells, and ultimately by having them locked up in cages for years at a time, all of it backed up by the threat of inflicting pain, injuring you, or killing you if you should resist their orders — those cops, I say, are using violence against peaceful people; they are hurting, restraining, and imprisoning people who have never violated the rights of any identifiable victim. If they come after your friends on the basis of these unjust drug laws, then, morally speaking, they are the criminals, and using your connections and your knowledge of the system in order to defend your friend and his livelihood from their aggression — by telling him how to avoid detection, by telling him how to keep from getting unjustly arrested, and by exposing the undercover police spies who have been sent to infiltrate his circle and facilitate the narcs’ efforts to seize innocent people and locking them in cages for the next several years, is not corrupt. It’s certainly not an unforgivable sin. That’s protecting the innocent, and doing so while putting yourself at considerable personal risk from the same uniformed gang that you are trying to protect your friend from. It is, in fact heroic, and Keenan Colson deserves the title of hero far more than the vast majority of the arrogant, preening, entitled cops who never stop hollering about their own heroics and the protection they inflict on unwilling recipients every day.

Meanwhile, the police chief in Lake Wales has decided to engage in a low form of farce:

If your officers do commit criminal acts, they need to be arrested just like anyone else, the chief said. A lot of times things may be handled where people may be just terminated or let go. That’s not the way you are supposed to do things, that’s why I told the officers around here hold your heads up. We’ve been through a lot, we’ve been in the paper a lot with our officers who have done stuff wrong.

We are going to hold offenders accountable, because we hold our people accountable. To me that is a good thing because we hold ourselves accountable first, we hold offenders accountable second. And that’s a position you want to be in law enforcement, that’s accountability, that’s integrity, he added.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

That’s bullshit, is what that is.

When cops harass, unjustly imprison, beat, hurt, torture, rape, or kill the people that they contemptuously dismiss as civilians, there isn’t a damn bit of accountability. They may be transferred to another precinct; they may be given a paid vacation for a few months before fellow cops exonerate them in administrative hearing for a few months; in really extraordinary circumstances, where evidence of guilt is undeniable and has also, by the way, been reeased to the public, someone might actually lose their job over it. But they will almost certainly never face jail time, or any criminal responsibility whatsoever, for what they do. As the victim, you might, if you are very lucky, get an Oops, our bad; realistically, what you’re more likely to get is Fuck you, civilian.

The reason that Keenan Colson has been arrested and is now threatened with jail has exactly nothing to do with any general commitment by the police force to accountability or integrity. The unforgivable sin for which he is being arrested and prosecuted is the fact that he gave out information that messed with the game of the other cops who were coming after his friend. Cops protect their power, and they’ll do just about anything to anybody who endangers that by valuing the safety of a friend over the ability of his gang brothers to go on with their activities unimpeded. Keenan Colson is only the latest to get the long knife treatment for the unforgivable sin of acting like a responsible human being at the expense of gang loyalty. He won’t be the last.

(Via Drug War Chronicle 2008-08-29 and Drug War Chronicle 2008-08-22.)

Tyrannicide Day 2008

Saturday, March 15th, 2008

Happy Tyrannicide Day (observed)!

Today, March 15th, commemorates the assassination of two tyrants. Today is the 2,051st anniversary — give or take the relevant calendar adjustments — of the death of Gaius Julius Caesar, the military dictator who butchered his way through Gaul, set fire to Alexandria, and, through years of conquest, perfidy, and proscription, battered and broke every barricade that republican institutions had put in the way of military and executive power, until he finally had himself proclaimed dictator perpetuus, the King of Rome in everything but name. On March 15th, 44 BCE, a group of republican conspirators, naming themselves the Liberatores, rose up and stabbed Caesar to death on the floor of the Senate. Meanwhile, Thursday, March 13th, was also the 127th anniversary (give or take the relevant calendar adjustments), of the death of Czar Alexander II Nikolaevitch, the self-styled Caesar of all the Russias. Alexander was killed by grenades thrown by a group of anarchist conspirators on March 13th, 1881 C.E., in an act of propaganda by the deed. In honor of the events, the Ministry of Culture in this secessionist republic of one has proclaimed March 15th Tyrannicide Day (observed), which is kind of like President’s Day, except cooler. Instead of another dull theo-nationalist hymn on the miraculous births of two of the canonized saints of the United States federal government, Tyrannicide Day gives us one day in which we can commemorate the deaths of two tyrants at the hands of their equals — men and women who defied the tyrants’ arbitrary claims to an unchecked authority that they had neither the wisdom, the virtue, nor the right to exercise. Men and women who saw themselves as exercising their equal right of self-defense, by striking down the would-be tyrants just like they would be entitled to strike down any other two-bit thug who tried to kill them, enslave them, or shake them down.

It is worth remembering in these days that the State has always tried to pass off attacks against its own commanding and military forces (Czars, Kings, soldiers in the field, etc.) as acts of terrorism. That is, in fact, what almost every so-called act of terrorism attributed to 19th century anarchists happened to be: direct attacks on the commanders of the State’s repressive forces. The linguistic bait-and-switch is a way of trying to get moral sympathy on the cheap, in which the combat deaths of trained fighters and commanders are fraudulently passed off, by a professionalized armed faction sanctimoniously playing the victim, as if they were just so many innocent bystanders killed out of the blue. Tyrannicide Day is a day to expose this for the cynical lie that it is. As many reasons as there are to criticize the strategy behind the assassinations of Czars, Princes, and Dictators Perpetual, the fact that the brutal absolute monarch of a monster State lay dead at the end is not among them.

There are in fact lots of good reasons to rule out tyrannicide as a political tactic — after all, these two famous cases each ended a tyrant but not the tyrannical regime; Alexander II was replaced by the even more brutal Alexander III, and Julius Caesar was replaced by his former running-dogs, one of whom would emerge from the abattoir that followed as Augustus Caesar, to begin the long Imperial nightmare in earnest. But it’s important to recognize that these are strategic failures, not moral ones, and what should be celebrated on the Ides of March is not the tyrannicide as a strategy, but rather tyrannicide as a moral fact. Putting a diadem on your head and wrapping yourself in the blood-dyed robes of the State confers neither the virtue, the knowledge, nor the right to rule over anyone, anywhere, for even one second, any more than you had naked and alone. Tyranny is nothing more and nothing less than organized crime executed with a pompous sense of entitlement and a specious justification; the right to self-defense applies every bit as much against the person of some self-proclaimed sovereign as it does against any other two-bit punk who might attack you on the street.

Every victory for human liberation in history — whether against the crowned heads of Europe, the cannibal-empires of modern Fascism and Bolshevism, or the age-old self-perpetuating oligarchies of race and sex — has had these moral insights at its core: the moral right to deal with the princes and potentates of the world as nothing more and nothing less than fellow human beings, to address them as such, to challenge them as such, and — if necessary — to resist them as such.

I have been informed that March 15th is also commemorated as the International Day Against Police Brutality. Make of that what you will; what the Ministry of Culture will make of it is an excellent opportunity for a program of commemorative song.

Our first piece is a skolion for the Athenian lovers Aristogeiton and Harmodius, who assassinated the tyrant Hipparchus in 514 BCE, using swords they had concealed in ceremonial myrtle wreaths. In the Athenian democracy, the couple were celebrated as martyrs for liberty, and often remembered in hymns and songs sung before banquets. This is Edgar Allan Poe’s 1827 translation of the most famous surviving Hymn to Aristogeiton and Harmodius; feel free to sing it at your Tyrannicide Day holiday dinner:

Wreathed in myrtle, my sword I’ll conceal
Like those champions devoted and brave,
When they plunged in the tyrant their steel,
And to Athens deliverance gave.

Beloved heroes! your deathless souls roam
In the joy breathing isles of the blest;
Where the mighty of old have their home
Where Achilles and Diomed rest

In fresh myrtle my blade I’ll entwine,
Like Harmodius, the gallant and good,
When he made at the tutelar shrine
A libation of Tyranny’s blood.

Ye deliverers of Athens from shame!
Ye avengers of Liberty’s wrongs!
Endless ages shall cherish your fame,
Embalmed in their echoing songs!

Hymn to Aristogeiton and Harmodius, trans. Edgar Allan Poe (1827)

Our second piece, in honor of the combined occasions for the day, is one of the most famous outlaw corridos from the south Texas borderlands, The Ballad of Gregorio Cortez, a cowboy and small-time farmer in Karnes County, Texas, who became a legal cause celebre, and a folk hero for many Tejan@s, after he fought back against a racist sheriff in June 1901. Sheriff W. T. Brack Morris was interrogating Cortez and his brother, and accused them of horse-thieving — based on nothing more than the fact that they did have a horse, and Cortez met the description of the suspect in a recent horse-theft — a suspect who had been described only as a middle-sized Mexican. Morris tried to arrest Cortez; Cortez told him off, and said that Morris had no reason to arrest him. The deputy who was translating mistakenly claimed that Cortez had said No white man can arrest me; that was enough for Morris, who pulled his gun and shot down Cortez’s brother. Cortez fired back, killing Morris, and then fled across the state on foot. He managed to elude capture for ten days, repeatedly making daring and close escapes when surrounded and outnumbered by sheriffs, posses, and the rinches (Texas Rangers). The cops threw his wife, his mother, and his children into jail. Anglo papers called for him to be lynched, and Anglo mobs rioted against Latin@s in Gonzales, Refugio, and Hayes counties. After Cortez was finally captured and put on trial for murder, his supporters organized legal defense campaigns, arguing that Cortez had killed only in to defend himself and his family; eventually they got all but one of the murder convictions reversed on appeal. In 1913, they convinced governor Oscar Colquitt to grant Cortez a conditional pardon. Meanwhile, his fame spread in the countryside through this ballad.

Like all corridos, there as many different versions of Gregorio Cortez as there are performances of it. This version is stitched together from my favorite parts of some of the several variants transcribed by Américo Paredes; cf., for example 1, 2, 3.

Gregorio Cortez

Traditional (1900s–1920s).

En el condado de El Carmen
miren lo que ha sucedido,
murió el Cherife Mayor
quedando Román herido.

Se anduvieron informando
como media hora después
supieron que el malhechor
era Gregorio Cortez.

Decía Gregorio Cortez
Con su pistola en la mano:
—No siento haberlo matado,
lo que siento es a mi hermano.—

Soltaron los perroes jaunes
pa’ que siguieran la huella,
pero alcanzar a Cortez
era seguir a una estrella.

Tiró con rumbo a Gonzales
sin ninguna timidez:
—Síganme, rinches cobardes,
yo soy Gregorio Cortez.—

Y en el condado del Kiansis
lo llegaron a alcanzar
y a pocos más de trescientos
allí les brincó el corral.

Decía Gregorio Cortez,
con pistola en la mano:
—¡Ay, cuánto rinche cobarde
para un solo mexicano!—

Cuando les brincó el corral,
según lo que aquí se dice,
se agarraron a balazos
y les mató otro cherife.

Decían Gregorio Cortez
con su alma muy encendida:
—No siento haberlo matado,
la defensa es permitida.

Salió Gregorio Cortez,
salió con rumbo a Laredo,
no lo quisieron seguir
porque le tuvieron miedo.

Decían Gregorio Cortez:
¿Pa’ qué se valen de planes?
No me pueden agarrar
ni con esos perros juanes.

Decían los americanos:
—Si lo alcanzamos ¿qué hacemos?
Si le entramos por derecho
muy poquitos volveremos.—

Allá por El Encinal,
Según lo que aquí se dice,
le formaron un corral
y les mató otro Cherife.

Ya se encontró a una mexicana,
le dice con altivez:
—Platícame qué hay de nuevo,
yo so Gregorio Cortez.

—Dicen que por culpa mía
han matado mucha gente,
pues ya me voy a entregar
porque eso no es conveniente.—

Venían todos los rinches,
por el viento volaban,
porque se querían ganar
diez mil pesos que les daban.

Cuando rodearon la casa
Cortez se les presentó:
—Por la buena sí me llevan
porque de otro modo no.

Deciá el Cherife Mayor,
como queriendo llorar:
—Cortez, entrega tus armas,
no te vamos a matar.—

Decía Gregorio Cortez,
gritaba en alta voz:
—Mis armas no las entrego
hasta estar en calaboz’.—

Ya agarraron a Cortez,
ya terminó la cuestión,
la probre de su familia
lo lleva en el corazón.

Ya con ésta me despido
a la sombra de un ciprés;
aquí se acaba el corrido
de don Gregorio Cortez.

Gregorio Cortez

Trans. (2008) Charles Johnson.

In the county of El Carmen,
Look what’s gone down
The Big Ol’ Sheriff is dead,
Leaving Roman dying on the ground.

They walked around asking questions
and in half an hour or so
they found out the man who did it
was Gregorio Cortez.

And so said Gregorio Cortez,
with his pistol in his hand,
I don’t feel sorry that I killed him;
what I feel sorry about is my brother.

They unleashed the hound dogs,
to follow on his trail,
but chasing after Cortez
was like following a star.

He tore off down toward Gonzales
Not timid in the least;
Come after me, cowardly rinches;
I am Gregorio Cortez.

And in the county of Kiansis,
They showed up to try and grab him,
A bit more than three hundred
There, and he jumped out of their corral.

And so said Gregorio Cortez,
With his pistol in his hand:
Man, look how many cowardly rinches
For just one Mexican!

But when he jumped the corral,
What they say around here is,
The bullets started flying,
And he killed them another sheriff.

And so said Gregorio Cortez,
With his soul burning bright,
I don’t feel sorry that I killed him.
A man’s got a right to defend his life.

Then Gregorio Cortez got away,
got away down the way to Laredo;
they wouldn’t have wanted to follow,
Now he had them scared to.

And so said Gregorio Cortez:
What’s the good of your plots?
You can’t get your hands on me,
Not even with those hound dogs.

And so said the Americanos:
If we catch up to him, what can we do?
If we go after him in a straight-up fight,
There won’t be many coming back.

Out there by El Encinal,
What they say around here is,
They got him in another corral
And he killed them another sheriff.

Then he met another Mexican,
And he said with some arrogance,
What’s the news? Tell me—
I am Gregorio Cortez.

They say that because of me,
They’re killing lots of folks
So now I’ll turn myself in,
because that ain’t fit at all.

Down came all the rinches,
Flying through the wind,
Because they wanted to get ahold of
Ten thousand pesos like they were offered.

When they surrounded his house
Cortez showed himself to say:
You’ll take me in by my own will,
And not any other way.

And so said the Big Ol’ Sheriff,
like he was about to cry:
Cortez, hand over your guns,
and you won’t have to die.

And so said Gregorio Cortez,
With a great big yell,
I’m not handing my guns over
Until you’ve locked me in my cell.

And so they took in Cortez,
And that’s where it came to an end.
His poor family
Carry him in their hearts.

And with that I’ll say my goodbye
In the shade under a cypress;
Here I’ll finish off the ballad
Of Don Gregorio Cortez.

Thus always to tyrants. Beware the State. Celebrate the Ides of March!

Further reading:

T-shirt: Celebrate Tyrannicide Day

Rapists on patrol (#2)

Monday, March 10th, 2008

Rapist on patrol: Officer David Alex Park

(Story via smally.)

Last month, in Irvine, California, Officer David Alex Park, stalker and rapist, was acquitted by a jury of eleven men and one woman. He was acquitted, not because he is anything other than a stalker and a rapist—which he as much as admitted in open court, and which was proven well enough anyway by phone records, license plate requests, and DNA evidence. He was acquitted because he is a cop, and the woman that he harassed and sexually extorted danced at a strip club, and so the jury concluded that she made him do it, and besides, if she strips for a living, she must have been asking for it anyway.

You might think that I am exaggerating the defense’s position for polemical effect. No, I’m not. Here’s defense attorney Jim Stokke: She got what she wanted, … She’s an overtly sexual person. And in cross-examination of Lucy, the survivor: You do the dancing to get men to do what you what them to do, … And the same thing happened out there on that highway [in Laguna Beach]. You wanted [Park] to take some sex!

Back in the real world, outside of Jim Stokke’s and Officer David Alex Park’s pornographic power-trip succubus fantasies, what actually happened is that a professional cop, while armed and on patrol, used the extensive arbitrary powers that the law grants to police in order to get personal records on several different women at the strip club, picked out the one he liked the best, followed her, waited for the first excuse to use his legally-backed coercive power against her, used the power of his badge and gun to force her to pull over, used that same power to bring her under his custody and keep her there against her will, threatened her with arrest and jail, and then forced her into sex against her will. He didn’t give a damn about what she wanted because she’s just a woman, and an overtly sexual one at that. And he could force what he wanted on her because he’s a cop—so he has the power to restrain and threaten her—and she’s a stripper—so he had every reason to believe that a jury would give him every possible (and some impossible) benefit of the doubt, while they treated her bodily integrity and her consent as worth less than nothing, and blamed her for anything that happened to her, anyway. As, in fact, they did.

As I said about a case with several male cops in San Antonio back in December:

What as at stake here has a lot to do with the individual crimes of three cops, and it’s good to know that the police department is taking that very seriously. But while excoriating these three cops for their personal wickedness, this kind of approach also marginalizes and dismisses any attempt at a serious discussion of the institutional context that made these crimes possible — the fact that each of these three men worked out of the same office on the same shift, the way that policing is organized, the internal culture of their own office and of the police department as a whole, and the way that the so-called criminal justice system gives cops immense power over, and minimal accountability towards, the people that they are professedly trying to protect. It strains belief to claim that when a rape gang is being run out of one shift at a single police station, there’s not something deeply and systematically wrong with that station. If it weren’t for the routine power of well-armed cops in uniform, it would have been much harder for Victor Gonzales, Anthony Munoz, or Raymond Ramos to force their victims into their custody or to credibly threaten them in order to extort sex. If it weren’t for the regime of State violence that late-night patrol officers exercise, as part and parcel of their legal duties, against women in prostitution, it would have been that much harder for Gonzales and Munoz to imagine that they could use their patrol as an opportunity to stalk young women, or to then try to make their victim complicit in the rape by forcing her to pretend that the rape was in fact consensual sex for money. And if it weren’t for the way in which they can all too often rely on buddies in the precinct or elsewhere in the force to back them up, no matter how egregiously violent they may be, it would have been much harder for any of them to believe that they were entitled to, or could get away with, sexually torturing women while on patrol, while in full uniform, using their coercive power as cops.

A serious effort to respond to these crimes doesn’t just require individual blame or personal accountability — although it certainly does require that. It also requires a demand for fundamental institutional and legal reform. If police serve a valuable social function, then they can serve it without paramilitary forms of organization, without special legal privileges to order peaceful people around and force innocent people into custody, and without government entitlements to use all kinds of violence without any accountability to their victims. What we have now is not civil policing, but rather a bunch of heavily armed, violently macho, institutionally privileged gangsters in blue.

GT 2007-12-21: Rapists on patrol

In Irvine, the same thing is happening all over again—just another Bad Apple causing Yet Another Isolated Incident. Except that in Irvine, the legal system has not even gone so far as to get to the part about individual blame and personal accountability. Overt misogyny against women who dare ever to be overtly sexual, combined with overt authoritarianism in favor of any controlling macho creep with a badge and a gun and a pocketful of wet dreams, have combined to get this admitted sexual predator completely off the hook, and leave all of his old buddies back at the department free to stalk, harass, extort and rape suspect women, with every expectation of more or less complete impunity for their actions.

Christ, but there are days when I hate being proven right about the things I write about.

Further reading: