The Police Beat

Saturday, August 28th, 2010
  • Last month AOL News ran an anecdotal Data-less Trend Story about city governments in small towns firing the city government police force in order to cope with budget crunches.[1] I’d like to know what the actual data here is; typically, cash-strapped city governments react by cutting everything except police and jails. If governments’ financing crises are finally leading them to reduce the number of police patrolling city streets, that’s surprisingly good news. Most of the towns mentioned are very small towns — with populations ranging from about 700 to 4,500. The outlier, Maywood, California, has about 30,000 people living in the town (with a whopping 4 murders in 2008! twice the national average!). Apparently part of the reason they fired the police department was because a lot of the city government’s $450,000 budget deficit, and its trouble securing insurance, came from lawsuits, many involving the police. Government employees and hangers-on are going nuts about all of this. After the vote in Maywood, ex-City Treasurer Lizeth Sandoval told the city council You single-handedly destroyed the city, by which she means that they outsourced the city government. (You won’t find any burned-out buildings, torn-up streets, or dead bodies; the places and people in the city of Maywood, California are still right where they were, going on as happily as they were before; the only things destroyed were the government jobs of tax-eaters like City Treasurer Lizeth Sandoval.) Jim Pasco, national executive director of the Fraternal Order of Pigs, said that decisions to fire local police were penny wise and pound foolish, because sheriff’s departments and state police will be spread thin patrolling larger areas, and no amount is too much to spend on city cops, because The absolute threshold responsibility of a government at any level is to ensure the safety of its citizens.

  • For example, consider local hero Officer Bryan Yant, liar and killer for the Las Vegas Metro police department, who by making up lies to obtain fraudulent search warrants and by violently breaking into citizens’ homes late at night, where he ensures the safety of Las Vegas’s citizens by kicking down doors and shooting unarmed black men with his AR-15 assault rifle, based on furtive motions and a glimmer or something shiny that nobody but Officer Bryan Yant ever saw, and which is plainly contradicted by forensic evidence related to the angle of the shot. Local government in Las Vegas has fulfilled is threshold responsibility by once again[2] ensuring the safety of Officer Bryan Yant from any legal consequences for shooting innocent, unarmed men in the head during a hyperviolent raid to investigate a completely nonviolent, victimless crime, all of it based on demonstrable falsehoods and mistaken identity — oops! my bad! All of which should free Officer Bryan Yant up for a fourth Internal Investigation, in which his government colleagues will once again either exonerate him or let him off without any criminal penalties, for lying and fabricating fictitious search and arrest warrants in at least one other drug investigation involving another hyperviolent late night home raid. The polite term in local media for Officer Bryan Yant’s work ensuring the safety of Las Vegas citizens is sloppy. A better term would be fraudulent and lethally violent. How much safer does it make you feel that this lying, killing 4-time winner is still a fully-paid member of the Las Vegas Metro police force?

  • Meanwhile, in El Reno, Oklahoma, government police officers are ensuring the safety of El Reno citizens by forcing their way into an 86-year-old bed-ridden grandmother’s home on a wellness check, and then, if she should object to 10 armed strangers busting into her house, by stepping on her oxygen hose and torturing her with electrical shocks in her own bed, until she passes out from the pain. El Reno Police Chief Ken Brown justified this use of extreme violence against an elderly woman who could not possibly have physically harmed anybody more than a couple feet away from her on the grounds that she was holding a kitchen knife, and she told officers She was in control of her life. Thus, Police were forced [sic!] to use a Taser on the woman until she could be forced into a hospital psychoprison — not because she was actually charged with any crime, of course, but so that she could be cured of her deranged and dangerous belief that she was in control of her own life.

  • Meanwhile, in New York, New York, Officer Patrick Pogan, a government police officer working for the New York city government, ensured the safety of New York citizens by body-slamming an unarmed bicyclist to the ground for trying to avoid hitting him, and then lying about it in his police reports, where he claimed that his victim was trying to ram into him, rather than swerving around him. His government colleague Manhattan Supreme Court Justice Maxwell Wiley, in turn, fulfilled his threshold obligation by ensuring that this lying violent thug would face absolutely no criminal consequences whatsoever for the crimes that he had been convicted of.

  • Also, in New York, New York, government cop Detective Louis J. Eppolito ensured the safety of New York citizens by taking a second job as an informant and hit-man for the Luchese crime family. He took a special interest in ensuring the safety of Brian Gibbs by framing him for murder — among other things, making up fictional witness statements, threatening witnesses in order to get testimony against Gibbs, withholding evidence that would have proven Gibbs’s evidence, and torturing Gibbs himself until he extracted a false confession. Brian Gibbs lost 19 years of his life locked in prison. The New York Police Department spent years fulfilling its threshold obligation to keep Detective Louis J. Eppolito safe from any consequences for his violent crimes, even though — years before he tortured and framed Brian Gibbs — they had direct evidence that he was working for the Mafia (including having his fingerprints on police reports he had handed off to a fellow gangster). The Incident was, of course, Internally Investigated, and Detective Eppolito was let off without even facing any administrative disciplinary actions. Which freed him up to go on murdering and imprisoning innocent people for the mob. The city government in New York still officially maintains that Brian Gibbs is guilty of murder. However, they’ve decided to sign a $9,900,000 settlement; dedicated public servants that they are, they will send the bill to innocent New York City taxpayers who had nothing to do with the crimes committed against Brian Gibbs.

  • Meanwhile, in Sebastian County, Arkansas, government drug investigators are ensuring the safety of citizens by staging heavily armed, late-night raids on citizens’ houses, where they threaten the lives of everyone in the house, including sleeping babies — without bothering to check the address on the mailbox to see whether they are actually even forcing their way into the right house. (Oops! My bad!) Then, after releasing their innocent victims from the shackles they had forced them into, the cops they went down the street to the right house, where they broke into somebody else’s home, threatened three other innocent people’s lives, and forced them into cages at gunpoint, for the completely nonviolent offense of having marijuana.

  • Meanwhile, in Universal City, Texas, government police are ensuring the safety of citizens by surrounding innocent women and children in their cars, pointing guns at them and screaming at them to put their hands up, and then forcing their way into the car before they realize — oops! our bad! — that they had the wrong car and the wrong people, and were threatening the lives of a black woman with three children who had nothing to do with the white man they were trying to ambush. Since government police never face any consequences whatsoever for their fuck-ups, no matter how high-stakes, violent, reckless, traumatic or dangerous to the safety of innocent citizens, the police department is waving it off as an unfortunate coincidence. They refer to the use of such high-stakes, violent tactics in uncertain situations, with incomplete information, to terrify and overwhelm innocent women and children, as doing our jobs, and publicly state that We would not change what we did. Of course they wouldn’t; who’s going to make them?

  • Meanwhile, in Tavares, Florida, government police are ensuring the safety of citizens by interrogating and then arresting Latina women who are not suspected of any crime, for not giving her name fast enough or producing identification papers on demand. The government police officer told his victim that she had to provide ID because he needed to put her name in a database. When she said she needed to go to the car to get it, the cop arrested her for resisting arrest and had her locked in a jail cell for 5 hours.

  • Meanwhile, in Hamilton, Ontario, government police are ensuring the safety of citizens by staging hyperviolent drug raids, forcing their way into apartments at gunpoint, forcing the citizens in them to the floor, then slamming their faces into the floor and kicking them when they try to explain that the cops have the wrong address. Po Lo Hay’s safety was ensured so good and hard that he ended up with stitches above his eye, a bloody nose, welts, and a broken rib.

  • Meanwhile, in Bridgewater, England, government police are ensuring the safety of citizens by threatening them with electrical torture devices and then accidentally hitting them with a 50,000 volt electric shock to their genitals, in the course of an unnecessary traffic stop intended to investigate whether or not they were committing the completely nonviolent offense of driving without government-mandated corporate car insurance. For accidentally inflicting the worst pain that this innocent man has ever been subjected to in his life, government cops are offering an Oops! Our bad!

I sure am glad that government cops are out there to ensure our safety, and local governments are there to extract tax dollars to force us all, on threat of prison, to pay for this threshold obligation. If government cops weren’t there to harass, threaten, torture, frame, jail or kill innocent citizens, all with complete legal impunity so long as they can shout an Oops! My bad! that some fellow cop or other government employee will believe, who would keep us all safe?

  1. [1] When city governments fire police forces, county sheriffs or state police forces generally take over the busting of heads and jailing of suspects. But the shift does mean that patrol cops are fewer and farther between, and local taxpayers are much less likely to get soaked with local tax increases to pay for salaries or benefits packages.
  2. [2] Yant has gunned down three people during his police career — killing two of them, including Trevon Cole — and has been exonerated by the police department and the Clark County government’s coroner’s inquest.

The Las Vegas Police Beat: Officer-Involved

Friday, July 16th, 2010
  • Officers William Mosher, Joshua Stark, and Thomas Mendiola. Las Vegas Metro Police Department. Last weekend, at the Costco in Summerlin, Erik Scott got into an argument with some workers at the store. A Costco employee noticed that he was carrying a handgun in his waistband, so they freaked out and called the cops, then evacuated the store. Three Las Vegas Metro police officers — William Mosher, Joshua Stark, and Thomas Mendiola — rolled up and waited outside the store. When they saw Scott walking out of the store, they came up behind him and grabbed him on the shoulder and screamed at him to get down. He turned around and obeyed less than instantaneously, so the cops opened fire and stone cold gunned him down in the parking lot. The cops claimed that before they lit him up with 7 shots, Scott had reached for his gun in his waistband. Then, later, they claimed that he refused orders [sic] and instead withdrew a handgun and pointed at them.. Most of the witnesses, including a friend who was standing right next to Scott when the police gunned him down, say that he never did. A few witnesses differ — they say they did see him take out his gun but that he never pointed it at the cops. Metro said that Scott was ripping merchandise apart, kind of going berserk, and that they had received numerous 911 calls for his erratic behavior and reporting he was carrying a gun. Turns out that what actually happened is that another customer saw Scott opening up a box of aluminum water bottles putting some in his cart and some on the floor, in order to find out how many would fit in his cooler; when store security tried to confront him about it, Scott’s voice got elevated. A number of later 911 calls, provoked by the store’s panicky evacuation, recorded parts of the cop’s confrontation with Scott; the police have refused to release the 911 tapes. The Costco has surveillance cameras on the parking lot; the police took the tapes, but claim that they haven’t looked at them yet because of technical issues. The investigation of this police shooting by Las Vegas Metro is, of course, being handled by more police from Las Vegas Metro. There will almost certainly never be any kind of public trial; a coroner’s inquest hasn’t been scheduled, but will probably happen sometime in September. (There has been only 1 Clark County coroner’s inquest in 34 years that ever found any Metro police shooting to be neither justified nor excusable.) Meanwhile, the three cops who gunned down Erik Scott have been given a paid vacation from their jobs. The local newsmedia has been all over this story, mainly because Scott shops in Summerlin and used to be a tank commander in the United States government’s Army. Bill Scott, Erik’s father, has said that he hopes this case will draw attention to how many people Metro has gunned down: There are a lot of people who have been killed in Las Vegas, a lot of them by the police. They didn’t have a voice. This time, quote me: they killed the wrong guy.

  • Officer Bryan Yant. Las Vegas Metro Police Department. For example, one of the people who has been killed in Las Vegas was Trevon Cole, an unarmed man who police shot in the face with an AR-15 assault rifle in the bathroom of his own apartment, while his 9-months-pregnant fiancee, Sequioa Pearce, was forced to get on the ground and watch. Metro was in his apartment because they had forced their way in in an extremely violent late-night raid to serve a drug search warrant. (Trevon Cole was violently seized and killed because he allegedly might have sold marijuana to an undercover narc, a crime which posed no threat at all to any identifiable victim’s rights.) So late at night while Pearce and Cole were relaxing in bed, a gang of police wearing camouflage and masks smashed in their windows and broke down their door, blitzed into the room holding assault rifles on their terrified victims. Trevon Cole was surrounded by a gang of heavily armed, masked men, was obeying their commands to get down, and had put his hands up in the air, but Yant decided he’d seen a furtive movement, so he stone cold shot Trevon Cole in the face at close range in front of his terrified fiancee. Officer Bryan Yant had already gunned down two other people in his career before he showed up to shoot an unarmed man in the face; An inquest jury into Yant’s 2002 fatal shooting found the officer justified in his actions despite a serious discrepancy between his story and evidence at the scene. The shooting will be considered by another Clark County Coroner’s Inquest on August 20. In the meantime, Bryan Yant, who is being investigated to determine whether or not he murdered an unarmed man, is being given a paid vacation from his government job. Meanwhile, his buddies on the force decided to show up at Sequoia Pearce’s mother’s house in order to mau-mau the only surviving witness and toss the house looking for guns and ammo that aren’t there.

  • Officer Luis Norris. Las Vegas Metro Police Department. Another cop working for the local government in Las Vegas opened fire on an unarmed man this past Tuesday, for the crime of taking a shortcut through a residential neighborhood while the cop was Investigatin’. The man appeared on the wall while the cop was talking to a local homeowner about a possible prowler. Of course, all kinds of people live in a residential neighborhood (by definition), and all kinds of people pass through, so a civilized person might take this as a reason to shout What are you doing here? but Officer Luis Norris was packing heat and startled so he whipped out his gun and opened fire on this innocent man, who was not the prowler, was unarmed, had committed no crime, and posed no threat to anything other than the cop’s composure and poise. Thankfully, Officer Luis Norris is a bad shot: he missed the man he was trying to gun down in a moment of irrational panic, so his intended target lived through the night long enough for Authorities to later determine he was not a threat. Since Luis Norris just recklessly endangered the life of an innocent man, but didn’t kill him in the process, there will not even be a coroner’s inquest. Instead, Officer Luis Norris’s has been given a paid vacation from his government job, and eventually, his actions will be reviewed by the department’s use of force board, which may hit him with such serious consequences as a written reprimand or even firing him from his job. In case you were wondering, the process is not open to the public.

Las Vegas Metro is full of heavily-armed, twitchy, terrified cops who are easily startled and ready to open fire on helpless or harmless people at even the most furtive motion. Whether you’re resting in bed with your fiancee on Eastern and Bonanza, or going shopping with your fiancee in Summerlin to celebrate your new life together, or just talking a quiet walk through the neighborhood out at Desert Inn and Sandhill, there is a heavily armed force, patrolling 24 hours a day and 7 days a week, constantly ready to come down on you and gun you down at even a moment’s hesitation to obey their bellowed commands, or the slightest twitch that they don’t understand, or just for startling them. If they shoot at you, or even if they kill you, they will almost certainly never be held accountable for their actions; the worst that’s likely to happen is that they might lose their job, and what’s more likely is that they will be put back onto the streets to continue a long and storied career of killing unarmed people. We are told that we need this heavily armed, omnipresent, domineering, hyperviolent, completely unaccountable paramilitary occupation force constantly in our lives and at our throats in order to stop our community from being overrun by small-time possible neighborhood prowlers, by erratic men who take aluminum water bottles out of their boxes at Costco, and from black men who might maybe be willing to sell a bit of pot to willing customers. We are told that we need this heavily armed, omnipresent, domineering, hyperviolent, completely unaccountable paramilitary occupation force in order to keep us safe. But who will keep us safe from them?

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See also:

i-Give Up

Thursday, July 15th, 2010

(Via Cerpn @ Google Reader.)

Kids around the country are getting high on the internet, thanks to MP3s that induce a state of ecstasy. And it could be a gateway drug leading teens to real-world narcotics.

At least, that’s what Kansas News 9 is reporting about a phenomenon called “i-dosing,” which involves finding an online dealer who can hook you up with “digital drugs” that get you high through your headphones.

And officials are taking it seriously.

Kids are going to flock to these sites just to see what it is about and it can lead them to other places, Oklahoma Bureau of Narcotics and Dangerous Drugs spokesman Mark Woodward told News 9.

I-dosing involves donning headphones and listening to “music” — largely a droning noise — which the sites peddling the sounds promise will get you high. Teens are listening to such tracks as “Gates of Hades,” which is available on YouTube gratis (yes, the first one is always free).

Those who want to get addicted to the drugs can purchase tracks that will purportedly bring about the same effects of marijuana, cocaine, opium and peyote. While street drugs rarely come with instruction manuals, potential digital drug users are advised to buy a 40-page guide so that they learn how to properly get high on MP3s.

Oklahoma’s Mustang Public School district isn’t taking the threat lightly, and sent out a letter to parents warning them of the new craze. The educators have gone so far as to ban iPods at school, in hopes of preventing honor students from becoming cyber-drug fiends, News 9 reports.

Ryan Singel, Threat Level (2010-07-14): Report: Teens Using Digital Drugs to Get High

So no, in case you were wondering, there is no bottom to this cognitive barrel: absolutely no drug panic so flimsily contrived that narcocratic Officials won’t use it as an opportunity to issue breathless press statements pleading for greater social control, or so obviously manufactured and transparently idiotic that the responsible gatekeepers of the newsmedia won’t gravely report about the Alarming New Trend, the worried reactions of Concerned Parents & Teachers, and the pressing need for Officials and Concerned Parents to be even more proactive in freaking the hell out, obsessively spying on their sons’ and daughters’ pastimes, taking away teenagers’ possessions, and controlling teenagers’ behavior. It’s not just that you don’t need to demonstrate that anybody is suffering, or even could possibly suffer, any kind of physical harm. The drug scare doesn’t need to involve any actual drugs; apparently it doesn’t even need to involve a physical substance. Or anything but the most tangential connection to basic facts of human physiology. A drug scare story without any drugs nicely distils the one really important feature of every drug scare story: all that you need to work up an adult panic is to find enough teenagers in one place (one or two on YouTube will do) who are trying to convince themselves that they’re having a good time without an adult’s prior approval — if some teenager somewhere is experiencing pleasure, never mind the cause, that alone is reason enough to call the narcs and issue yet another story leading off As if parents of teenagers don’t have enough to worry about…

So here, we find a whole gang of Responsible Adults holding positions of community authority — professional narcs, journalists, teachers and parents — all of them freaking the hell out because some teenagers somewhere might be trying to convince themselves that they’re having a good time listening to MP3s of binaural beat meditation music. A new craze? Sure, evidently there is a craze going on here. But who is it that’s acting crazed?

The politics of fear are the most dangerous mind-altering substance on the market.

Monday Lazy Linking

Monday, June 14th, 2010

Unarmed Student Shot by Police

Sunday, June 13th, 2010

On March 11th, 2010 police officers raided Derek Copp’s apartment, shined a flashlight in his eyes and shot him in the chest. The raid was concerning an alleged sale of $60 worth of marijuana. The officer is currently facing a felony charge with a maximum penalty of four years. It just goes to show that the most dangerous people involved in the war on plants are the police.

You can find more information at Reason, NORML and The Grand Rapids Press.

Related posts:

  1. Police officer convicted of killing an unarmed furniture deliveryman, keeps pension
  2. Another record year in marijuana arrests
  3. College student threatened with imprisonment and fine for putting his 2008 US presidential vote on sale

Seven and a half things you can do to resist mass incarceration

Wednesday, February 24th, 2010

Here’s a good article from a while back in The Nation (which I’m mentioning now because I just recently saw it, thanks to the November Coalition listserv). In these days, I’m not surprised to see that it was written,[1] but I am (pleasantly) surprised to see that it got published in a prominent place in an organ of the official Left. In any case, it’s right-on, and well worth reading.

Well, in the parts I haven’t crossed out, anyway. The article was originally called Ten Things You Can Do To Reduce Incarceration, but, well, we’ll see what becomes of that.

The United States has 5 percent of the world’s population and 25 percent of the world’s prisoners. Criminologists have found that when too many people are incarcerated the crime rate actually increases. Imagine if we spent some of the $60 billion a year prisons cost on education, job training and healthcare. (0) Paul Butler, a law professor, former federal prosecutor and author of Let’s Get Free: A Hip-Hop Theory of Justice suggests ways to undo the damage caused by overincarceration. If you have state specific resources send them to nationtenthings@gmail.com.

1 Do your jury duty. If you are a juror in a non-violent drug case, vote not guilty. Jury nullification—an acquittal based on principle—is perfectly legal. The framers intended jurors to be a check on unjust prosecutions and bad laws. Click here for more information. (1)

2 Pay a kid to graduate. A report by the RAND Corporation found that paying students to finish high school prevented more crime than the toughest sentencing laws. Dropping out of school creates a high risk of ending up in jail. Work with your community group or place of worship to create a program to pay at-risk students to graduate from high school.

3 Come out of the closet about your drug use. War on drugs propaganda says users are bad people. Let your fellow citizens know the real face of the American drug user. Don’t be scared. Barack Obama admitted he used marijuana and cocaine during his youth, and he got elected president!

4 Hire a formerly incarcerated person. Every year about 600,000 people get out of jail. The odds are against their landing a job, which is a huge factor in why more than half will be re-arrested within a year. Go to Hired Network. Go here if you are formerly incarcerated or visit Reentry Policy.

5 Vote for politicians who are smart on crime. (5) Tougher sentences aren’t the answer. In the US criminal sentences are twice as long as those in England, three times those in Canada and five to ten times those in France. And yet crime rates in US cities are higher than in those nations.

6 Just say no to the police. When cops request your consent to pat you down, peek inside your backpack or purse or search your car, you have the right to decline. When they have a warrant or other legal cause to search, like at an airport, they don’t have to ask. Too many Americans—especially in communities of color—are scared to death of the police. Go to ACLU “Know Your Rights” or the Malcolm X Grassroots Movement to learn your rights if stopped by the police.

7 Don’t be a professional snitch. If you have information about a violent or property crime, call the police. Witnessing is fine. But snitches get paid either in cash or a break in their own prosecution for tattling. They make untrustworthy witnesses. Snitches are responsible for almost half the wrongful convictions of people who were later found to be innocent.

8 Talk up the trades. Retail drug selling pays about as much as working at McDonald’s. As the book Freakonomics pointed out, that’s why most drug dealers live with their moms. Many dealers would prefer a more lucrative—and safer—line of work. People who don’t see themselves as “college material” and might otherwise end up on the street should be encouraged to get training for a blue collar trade. Click here for more information.

9 Let accused people discover the evidence against them. There are very few discovery requirements in criminal law. Many defendants in criminal cases don’t learn who the witnesses are—or even get copies of police reports—until the day of the trial. “Open discovery” laws like one Ohio recently introduced will enable criminal defendants to see the state’s evidence against them before trial. (9)

10 Listen to hip-hop. No other aspect of pop culture has considered as carefully, and as personally, the costs and benefits of the American punishment regime. Members of the hip-hop nation often come fr om the most dangerous communities and have a vested interest in safety . They help us understand that treating people who have messed up with love and dignity is, for law-abiding citizens, an act of self-interest and community safety. Visit AllHipHop.com or Hip Hop Caucus to learn the political side of hip-hop.

Here’s the quibbles from along the way.

(0) Well. If we were free to spend some of that $60,000,000 robbed out of our pockets on education, job training, healthcare, or any of the other infinite needs of civilized beings, that would indeed be something to imagine. Unfortunately, I expect that the other means the special kind of “we” here (the kind that means they, a political bureaucracy that ordinary people like you and me have no effective control over). If they spend the money on government education, government job training, and government healthcare, I expect that it will work out as well as anything else government does at propping up big corporations, corralling kids against their will, and otherwise maintaining business-as-usual and the social and economic status quo. Oh well.

(1) This really is an awesome idea, as far as it goes: if you have the opportunity to free an innocent drug-user or drug-dealer through jury nullification, of course I think you ought to take the opportunity. But how often are you likely to get the chance? Given how narrow the context is, this is really important for the individual life you can save, but it’s only going to be something that reduces incarceration in aggregate if it becomes part of a large-scale culture of non-cooperation with the state. In which case (1) really just depends on the kind of cultural change discussed in the other points. Anyway, call it half a thing you can do.

(5) Oh, come on. Really? Of course, I agree that the government’s crime policies are foolish and destructive. But that’s only a reason to go around voting for smarter politicians if voting for smarter politicians changed anything about crime policies or the War on Drugs. Call me back when that starts working for you.

(9) There’s nothing wrong with this proposal, as a procedural reform. But it’s not something you can do to reduce incarceration — changing government laws is something government could do. But if you somehow managed to accumulate the political connections to make the government do what you want it to do, you probably aren’t the kind of person who cares about this sort of thing; and for the rest of us, the you here is really just they, filtered through the illusion of democratic control. In which case, this is something that they could do to reduce incarceration. But of course there’s no reason to expect that they will.

Anyway.

That done, with those items crossed out, this is a really solid list, and does a great job of stressing the importance of moving beyond stupid, stupidifying political reform campaigns, and encourages you to make a real difference for your own life and your neighbors’ lives, by practicing solidarity on the ground, engaging positively with criminalized cultures and criminalized communities, refusing to collaborate with government cops and prosecutors, coming out of the closet, standing up for yourself and your neighbors, and generally working to shift the terms of the debate, to change the culture that fosters sado-statist mass incarceration, and the creation of positive alternatives that change the material condition faced by criminalized people, primarily by means of practical solidarity and person-to-person grassroots mutual aid.

Call it a solid seven and a half. That’s pretty awesome.

[1] Conventional libertarians who don’t know anything in particular about the Left or how it works are rarely aware of how radically anti-state many people of color on the Left really are. There’s a huge practical divide within the Left, roughly between the liberal politicos and white Progressives, on the one hand, and black, Latin@, and other people of color on the other, with the latter putting out all kinds of really amazing, often deeply radical critiques of government policing, surveillance, prisons, drug laws, border laws, papers-please police statism, etc. The white professional-class Progressives and the liberal politicos typically react to this stuff with some nominal agreement, an ill-conceived weak-tea reformist scheme for monitoring the racial demographics of traffic stops or something, without actually reducing any police powers, and then try to move the conversation along to something they really care about, like electing more Democrats or forcing everybody to buy corporate health insurance. But for many Leftist people of color, especially those who identify culturally and politically with Hip Hop, opposition to this kind of racist, classist, law-n-orderist state violence is their primary political concern and their main motivating reason for identifying with the Left. Anyway, if you think that there’s just not any prominent faction on the state Left that you can make any real headway with using libertarian arguments, or if you’re surprised to see articles coming from activistas who identify with Hip-Hop culture calling out mass imprisonment, and calling for jury nullifcation and concerted efforts to refuse cooperation with the police as a solution, you probably haven’t been paying as much attention as you should have.

Tiny weapons searches

Monday, January 11th, 2010

So here’s something a judge on the Massachusetts Appeal Court recently said — in reply to government cops who forced their way into Wilbert Cruz-Rivera’s car, without any warrant, and opened up a pill bottle while rummaging around in his things, and then claimed that this invasive warrantless search, conducted on the private property of a man who was not accused of any criminal offense, was justified as an officer safety search:

On this record, it simply was not reasonable to believe that the defendant might, upon his release with a message that he was free to go, enter his car, reach into the console, open a pill bottle, extract a weapon smaller than four-and-one-half inches by one-and-three-fourths inches, and use it in an effort to harm the two nearby, fully armed police officers who had just released him.

Quoted in The Boston Globe (2009-12-17): Court: Concern about tiny weapons didn’t justify search

I suppose I am glad that a judge said this. But the fact that a judge had to say it — to clarify to a gang of pushy government cops that officer safety really is not a excuse reason to go on a warrantless search for tiny weapons hidden in closed pill bottles — and that to do so they had to overturn a lower court’s ruling, which upheld this ridiculous opportunistic lie — does not really make me very optimistic about the reliability or effectiveness of those constitutional brakes on police power that the court is supposedly out to save.

Friday Lazy Linking

Friday, May 22nd, 2009
  • Winter Soldier: Just Another Tuesday. From Ryan Endicott, formerly a United States government Marine stationed in Iraq.

    Via Clay Claibourne, L.A. I.M.C. (2009-05-13): Winter Soldier Southwest on YouTube #1

  • The regulatory State versus freed markets and the human future: A quote from Anne Robert Jacques Turgot, via B.K. Marcus at Mises Economics Blog:

    To expect the government to prevent such fraud from ever occurring would be like wanting it to provide cushions for all the children who might fall. To assume it to be possible to prevent successfully, by regulation, all possible malpractices of this kind, is to sacrifice to a chimerical perfection the whole progress of industry; it is to restrict the imagination of artificers to the narrow limits of the familiar; it is to forbid them all new experiments; it is to renounce even the hope of competing with the foreigners in the making of the new products which they invent daily, since, as they do not conform to our regulations, our workmen cannot imitate these articles without first having obtained permission from the government, that is to say, often after the foreign factories, having profited by the first eagerness of the consumer for this novelty, have already replaced it with something else. … Thus, with obvious injustice, commerce, and consequently the nation, are charged with a heavy burden to save a few idle people the trouble of instructing themselves or of making enquiries to avoid being cheated. To suppose all consumers to be dupes, and all merchants and manufacturers to be cheats, has the effect of authorizing them to be so, and of degrading all the working members of the community.

    —Turgot, Éloge de Gournay (1759), translated by P.D. Groenewegen

Outrage

Think.

Left-Libertarianism

  • On dialectical jujitsu: Roderick Long, Austro-Athenian Empire (2009-05-19): How to annoy a conservative

  • Ownership failures, not market failures Chris Dillow, Stumbling and Mumbling (2009-05-01): Markets, the poor & the left. Dillow makes two really important distinctions: one of them the familiar left-libertarian distinction between freed markets, on the one hand, and actually-existing corporate capitalism, on the other; the other a less familiar, but very important, distinction between market processes and patterns of ownership. Quote: In many ways, what look like ways in which markets fail the poor are in fact merely ways in which a lack of assets fail the poor. Exactly; and the many cases where there are not really market failures, but rather ownership failures, have everything to do with feudal, mercantile, neoliberal, and other politically-driven seizures and reallocations of poor people’s land, livelihoods, and possessions — and nothing to do with genuine market exchange.

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Communications

Rapists on patrol (#3). Officer Gary Pignato, Greece, New York

Thursday, May 14th, 2009

(Via Drug War Chronicle Issue #584, 8 May 2009: This Week’s Corrupt Cop Stories.)

A week ago, in Greece, New York, Officer Gary Pignato, stalker, home invader, and serial rapist, was arraigned on charges that, acting under the color of law and with the extensive legally-backed powers that his badge affords, he used the threat of violent force to coerce sex from at least two unwilling women. In at least one of those cases, before he used the threat of arrest to rape her, he first picked her out, followed her back to her home in his police car, took the opportunity to get her phone number, and then, a few days later, invaded her house without permission. After raping her he kept calling her, over and over again, until she said she would expose what he was doing.

A second woman has accused a Greece police officer of using his authority to coerce her into sex.

Gary Pignato of Hilton was arraigned Tuesday on charges of third-degree bribery of a public servant, a felony; second-degree coercion, third-degree criminal trespass and official misconduct, all misdemeanors. He pleaded not guilty to all charges.

Pignato goes to trial June 1 on an earlier felony count of accepting a bribe and misdemeanor counts of coercion and official misconduct stemming from allegations that he went to a Greece woman’s home in August, then later coerced her into a sexual encounter.

According to documents filed in Greece Town Court on Tuesday, a different woman accuses Pignato of similar acts.

The woman’s name was redacted in the documents and it is the Democrat and Chronicle’s policy not to name victims of sexual crimes.

In a deposition dated April 28, the victim alleges she first met Pignato during the summer of 2005 when he followed her in his marked car as she drove into her apartment complex. She alleges he introduced himself that night, gave her his card and asked for her phone number.

Then, she alleges, a few days later she was smoking marijuana at her dining room table when Pignato walked in unannounced, told her she could be arrested and lose her children for what she was doing and said we can make this go away.

She alleges Pignato said having sex with him would take care of it.

The victim alleges they made arrangements to meet the next night. She said she drove to his house in Hilton where they engaged in sex.

She alleges Pignato continued to call her seeking sex over the next few days and finally stopped calling when she threatened to find his girlfriend and tell her what he did.

In her statement, the victim said a friend convinced her to contact authorities after news broke about Pignato’s other arrest and criminal charges.

In the August case, the victim alleges Pignato visited her home during a domestic dispute, then threatened to arrest her for violating her probation if she didn’t have sex with him.

Pignato has admitted to State Police that he had sex with that woman, but said it was consensual.

[…] Pignato, who has been suspended without pay, turned himself in to State Police Tuesday afternoon. He was released from court on his own recognizance. A court date was set for June 17, but Assistant District Attorney William Gargan said the case could go to a grand jury.

Meaghan M. McDermott, Rochester Democrat and Chronicle (2009-05-06): Greece officer faces additional charges

Please note that if you, or I, or anyone else without a badge and a government uniform were to follow women around, picking out victims for their special attentions, then busted into that woman’s house without permission, threatened to harm her children, threatened to draw a gun and force her into a car and carry her off to some hellhole far away where she would be locked up against their will — if you, or I, or anyone else, I say, did all these things several times, as a threat used to coerce sex from unwilling victims, then we would be treated, by the media and by the law, as rapists of the most dangerous sort and an immediate threat to everyone in the community. You or I would be jailed with an astronomical bail or no bail at all; you or I would hit with multiple aggravated felony charges and if convicted we would spend years of our lives in maximum security prisons. But because Officer Gary Pignato of Hilton, New York happens to be a police officer — because the violence he uses is violence under color of law, and because the threats he makes against his chosen targets are threats backed up by the armed force of the State, and because the women who uses those threats of violence against are suspect women, under the special scrutiny of the police, this dangerous, heavily-armed sexual predator has been released into the community on his own recognizance, and he has been charged with nothing more than a handful of misdemeanors for the rapes and the home invasion he committed. The only felonies he’s been charged with are bribery charges; only his betrayal of the police department, not his repeated use of his government-backed authority to coerce sex from unwilling women, is treated as serious enough to merit a felony charge.

Here’s what I said about a case with several male cops in San Antonio back in December; just replace the comments about the government’s war on sex workers with comments about the government’s war on drug users.

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

See also:

In counting there is strength.

Friday, April 24th, 2009

A few days ago there was some back-and-forth over at Ken MacLeod’s blog, and then also at Roderick’s blog, over the the relationship between large, centralized states and peace. MacLeod originally argued:

The panel convened by Farah Mendlesohn on Pacifism and Non-Violence in SF benefited from being on a subject on which there is a manageably small amount of source material. The discussion led me to make one of my very few comments from the floor. A more articulate and argued version of that comment would be this:

We already know how to have peace over large areas of the Earth, and that is by having large states covering those areas. (The combat death rate for men of military age in typical stateless societies far exceeds that in inter-state wars, including world wars.) SF has in its default assumptions a way to get to peace without pacifism, and that is the World State. Even Starship Troopers gives this answer, just as much as Star Trek or anything by H. G. Wells, Isaac Asimov or Arthur C. Clarke. Heinlein’s Federation is a World State, and (consequently) there is peace within the human species. It just has wars with aliens.

But there are no aliens. So we could have peace.

Ken MacLeod, The Early Days of a Better Nation (2009-04-17): Existence Proof of Von Neumann Machine, Placing Imaginary Bets, and other Cultural Learnings

There are several problems with this line of argument. There’s a lot of good back-and-forth at MacLeod’s about the empirical basis of MacLeod’s factoid about combat death rates, and about the underlying sources (it mainly comes from Lawrence Keeley’s War Before Civilization). Roderick has a very interesting response, from another angle, in the comments there that he repeats in his own post, in which he argues that if there is a general correlation between peace and state coverage, it’s because states (as parasites on social production) can only function in societies where there is an certain underlying level of peaceful cooperation; there is a level of widespread ultraviolence at which at a state can no longer steal the material resources it needs to cover the costs of full-time cops, soldiers, and the rest of its repressive apparatus. Hence the correlation between production and the State is like the correlation between human civilization and cockroaches; cockroaches thrive in civilized societies much more than they do in the wilderness, but not because cockroaches somehow produce civilization.

All of which is good, and important, and well-worth reading. What I’d like to add to the discussion is a good, hard look at the notion that what a strong state produces within its own territory can even realistically be called peace.

Let’s grant, for the sake of argument, that Keeley (thus MacLeod) is right about combat deaths for military-age males — that the rates are much, much higher in primitive stateless societies than they are in modern state societies. As Roderick points out, part of the problem here is that that data set, by itself, tells us little or nothing about whether it’s the primitiveness or the statelessness that’s doing the damage. There are other problems, too — for example, comparing percentages is a tricky game when you compare populations of radically different sizes; if a band of 50 !Kung San gets in a fight, and one whole member of their band is killed, then just running the percentages would have us believe that this is like 6,000,000 out of 300,000,00 Americans getting murdered — life for the !Kung San is apparently so savage that every single murder is another Holocaust. Or maybe there is a problem with a standard of comparison which would require 0.000000167 of a !Kung San man or woman to be killed in order to find an equivalent to a single murder in America.

But the problem that I want to focus on is that it looks to me like we are doing some very selective counting here. The selective counting consists in what is counted as violence, and as breaches of peace, and what is not. We are informed that having large states covering a part of the world’s landed surface is a good way to bring about peace. The evidence for this is the drop-off in combat deaths. But combat deaths are not the only sort of violence that people can suffer, and especially not combat-deaths-among-military-aged-males. Keeping that in mind, let us recall some facts about the most powerful, and one of the largest states in the world today — the United States of America — and what goes on in the territory that its government claims to rule.

Under the United States of America, over 2,000,000 people are currently forced into jails and prisons by state, local, and federal governments. Over 7,000,000 people are facing some form of ongoing constraint from the government’s corrections system — either through imprisonment, or through supervised parole, or through probation.

Under the United States of America, the government maintains a force of over 1,100,000 police officers — armed professionals whose job it is to use force against the 7,000,000, so as to get them under the control of the government prison system and its annexes. The government also maintains a force of about 765,000 corrections officers, who are armed and trained to use force against the 2,000,000 while they are confined within the walls of the government’s prisons.

The government’s internal armed forces of over 1,865,000 are currently engaged in a number of large-scale projects to use intense force in the prosecution of campaigns that they describe as wars. There is, for example, the War on Drugs; the War on Terrorism; inner-city surges against gangs, and so on. For the prosecution of these wars, the 1,865,000 put on constant street patrols; they arm themselves with semiautomatic and fully-automatic rifles; they kick in doors and storm houses and businesses; in some neighborhoods they engage in saturation patrols, the explicit purpose of which is to instill a sense of fear and thus make their designated enemies (gangs, mostly) afraid to use public spaces. In some cities they have adopted tactics explicitly modeled on the government military’s surge counter-insurgency tactics in Iraq. In other cities they have established checkpoints on the roads and cordoned off entire neighborhoods. They have recently taken to investing heavily in training and equipping paramilitary defensive lines (riot cops) and paramilitary assault squads (SWAT), and have stocked up on armored vehicles for mechanized warfare and even military helicopters.

When the government’s 1,865,000 go out into the streets or into the jails and prisons, they use force to confront and control the 7,000,000, and also to confront and control uncounted millions more, who are confronted by law enforcement and corrections officers without ending up in jail, in prison, on parole, or on probation. These confrontations produce conflicts, and the conflicts often escalate into violence; under the United States of America, those fights result in cops killing somewhere above 500 people each year[1] and about 50 cops getting killed each year along the way. Upwards of 550 deaths a year, out of 300,000,000 people, may not seem like all that much; but it’s worth remembering that there is a body count here, and, what’s more important, that the body count is not the only form of violence that there is to talk about. Besides the people who end up dead, there is a far greater level of non-lethal but nevertheless violent force, which hasn’t got much of a counterpart in the kind of kill-or-be-killed struggles that the body-counters count as breaches of peace: there is the heavy and repeated use of physical coercion, assaults, beatings, restraints, chemical and electrical torture (pain compliance), that the cops and their antagonists each employ (mostly, it’s the cops who use it) to try to get their way. This violence is constant, pervasive, and intense, and all of these especially in those neighborhoods that are singled out, for demographic reasons, as deserving the special attention of police street patrols and police crackdowns. In neighborhoods like that, the cumulative result is often experienced as being far more like a military occupation than like life in a peaceful society. And this kind of constant, pervasive, intense violence is completely unknown in even the most primitive or ultraviolent stateless societies.

This constant government-declared domestic warfare — most of which is directed against people for offenses that violate nobody’s person or property, such as the use of drugs or the crossing of borders without government permission slips — is dignified as peace by those who claim that covering a territory with a single state eliminates war within that territory. In fact it is nothing of the sort, if peace has any meaning for people’s real lives and not merely for the purposes of politico-legal accounting. It is a form of violence which affects military age males but also a lot of other people besides, and which often has far more profound effects on daily life than the bloody but infrequent violence of communal blood feuds or open war between political entities. And in many cases outside of the United States, it is a form of violence which has proved far more intense and far more lethal than it happens to be here — because, as R.J. Rummel never tires of pointing out, over the past couple centuries, governments have been far more lethal in democidal attacks on their own populations — through the use of government executions, government policing (especially government policing of the use of food stocks), government prison camps, and so on — than they were in inter-governmental warfare. The greatest war of the modern era has never been the kind of warfare that governments wage one against the other — as terrible as those wars have been. It is the war that each and every government is constantly waging within its own territory, against its own subjects — the kind of war that is passed off as peace, and which is more or less never counted in attempts to tally up the balance of peace over violence in modern state-occupied societies.

1 The somewhere above is important, because there are actually no systematic efforts to compile statistics on all homicides by law enforcement in the U.S.

The Bureau of Justice Statistics recently released a report on Arrest-Related Deaths in the United States, 2003-2005 which is based on data from two main sources, the Bureau of Justice Statistics’ Deaths in Custody Reporting Program, and the FBI’s Supplementary Homicide Reports. There are several problems with using these reports to get comprehensive statistics: neither source provides information about the number of people killed by *federal* law enforcement agencies like the FBI, BATF, and ICE. Not all states currently report figures to either program. The SHR reports only report law-enforcement homicides separately when a government agency rules the use of force justifiable; otherwise they are lumped in with other criminal homicides. It’s clear that some states do not report all of the cases where people are killed by cops to the DCRP: California, for example, reported 354 law-enforcement homicides to the SHR program, but only 160 to the DCRP, even though the deaths reported to the DCRP should properly be a superset of the deaths reported to the SHR.

If you use take the maximum of the DCRP figure and the SHR figure for each state that reported at least one of the two, then you get a total of at least 1,489 people killed by police over the three-year period from 2003–2005. Divide that by 3 (because neither the DCRP nor the SHR indicated any big leap in the number from one year to the next), and you get at least 496 people killed by cops each year during the 3 year period.

I do not know of any good statistical source to get a count of how many people were killed by federal law enforcement, or how many cases there were in which a law enforcement homicide reported to the SHR was filed as unjustifiable rather than justifiable in states like California which underreported to the DCRP. Hence, the figure of about 500 people killed a year should be treated not even as a lowball estimate, but simply as a minimum, for the real numbers.

See also: