Kern County, California, is apparently no place to seek justice. The Kern County Sheriff’s Department is infamous for its handling of residents — both inside and outside the jail it controls. During a four-month stretch in 2013, the Sheriff’s Department was involved with three in-custody deaths. In two of the three cases, deputies applied a ton of force to arrestees, resulting in de facto death penalties for the crimes they allegedly committed.
The Kern County DA’s office is seemingly no better, although its members aren’t as likely to take such a hands-on approach. Instead, they’d be more apt to falsify confession transcriptions, like assistant DA Robert Murray did.
Kern County prosecutor Robert Murray added two lines of transcript to “evidence” that the defendant confessed to an even more egregious offense than that with which he had been charged—the already hideous offense of molesting a child. With the two sentences that state’s attorney Murray perjuriously added, Murray was able to threaten charges that carried a term of life in prison.
Here’s what Murray added to the transcript:
(Detective): “You’re so guilty you child molester.”
(Defendant): “I know. I’m just glad she’s not pregnant like her mother.”
Murray added this to the English translation of the confession transcription, but not to the Spanish version — the language used for the entire interrogation. He then handed this off to the defense, just as it was advising the defendant to consider a plea deal. It wasn’t until the defense requested the original recordings that Murray finally admitted adding statements the defendant never made — nine days after he turned his edited version over to the defendant.
Here’s Murray’s defense of his actions:
It was only after defense attorney Ernest Hinman confronted Murray about the altered version. Murray said he meant it only as a joke to be kept between the two men [Hinman and Murray].
Haha. Life and liberty are hilarious. It’s only someone’s life in the balance. No better place to deploy a little prosecutorial wit than in the transcript of a police interrogation.
Category: Police
Canadian Town Bans Spitting, Swearing And Gathering In Groups Of Three Or More
Taber, a town of 8,100 in Alberta, Canada, must be in the midst of the nation’s smallest and least impressive crimewave. How else would you explain the town’s new “Community Standards Bylaw,” which imposes the following on its residents?
With a sweeping new bylaw, the southern Alberta town of Taber has outlawed swearing in public, instituted a nightly curfew on kids and teenagers, and granted local law enforcement the power to break up any assemblies of three or more people.
It’s petty enough in the summary, but it gets even worse in the fine print.
Here’s the “swearing” part of the bylaw:
No person shall yell, scream, or swear in any Public Place.
Which won’t hold up to Canada’s free speech laws, even with the plentiful exceptions the government can enact at any time. And it will apparently be up to patrolling officers to decide when a raised voice constitutes a “yell,” and always with one ear cocked towards any errant public swearing occuring at lower volumes.
Then there’s this part of the bylaw, which makes possibly disturbing others a crime.
No persons shall, during any period of the day allow, suffer or permit any electronic equipment, musical instruments, vehicles or any other devices to be sounded or used in any area of the Town of Taber, that may, or is likely, to disturb others.
There’s also a clause apparently inserted by Taber’s Behavior Nazis solely to anger the world’s Grammar Nazis.
And bad cops will have all sorts of fun with this one:No person shall be a member of the assembly of three or more persons in any Public Place where a Peace Officer has reasonable grounds to believe the assembly will disturb the peace of the neighborhood, and any such person shall disperse as requested by a Peace Officer.
“Reasonable grounds.” As is common to the rest of the bylaw, criminal intent is scuttled in preference of “whatever the Peace Officer believes.”
So, what has prompted this move towards a more controlled populace? The answer appears to be that it’s just something the town’s law enforcement wanted.
[Police Commission Chairman Ken] Holst said the goal of the bylaw was “to give another layer of tools to our police service.”
He said it came largely in response to concerns raised by citizens in a survey commissioned by the Taber Police Service.
“Graffiti was the main concern and the second concern was large gatherings of youth and other people on town property, sometimes causing issues,” he said.
While some of those issues could be addressed through existing provincial and federal laws, Holst said Taber wanted to empower its law enforcement when an offence is “imminent to occur,” which he described as “preventative policing.”
Ah, the old “thoughtcrime,” as practiced by loitering youths. Holst didn’t want this community of 8,100 to suffer the existential threat posed by aimless teens, so he and his law enforcement buddies helped write the bylaw.
Holst said the bylaw was drafted by town staff and the Taber Police Service and was reviewed by the police commission before being sent on to town council, where it was approved by a 6-1 vote.
And, since it was written by law enforcement, there was apparently no need to ensure the bylaw didn’t violate anyone’s rights or would even hold up in court. Because who knows the law better than law enforcement officers? No one, that’s who. Just ask any cop.
Holst said no lawyers were involved in the police commission’s review and they didn’t discuss whether aspects of the bylaw would violate the Charter of Rights and Freedoms…
“Exactly how that sits with the Charter, to be 100 per cent honest with you, that discussion did not come up with the commission,” Holst said.
Because screw the public.
Save that 100%, Holst. You’re going to need it. Here’s an actual legal expert with 45 years experience, and he’s of the opinion there’s a 100% chance it’s in violation.
“It clearly, clearly infringes the Charter,” [Michael] Dietrich said.
And now that the ridiculous bylaw has drawn mockery from around the internet, Holst and other city representatives are shocked and saddened by all the criticism.
“It hurts my heart,” Ken Holst said Tuesday. “I’m hurt today to read some of the extreme comments that have circulated on social media…”
“We really feel this is the best for Taber and makes it a better place, as opposed to ‘the worst place on Earth,’ as the way some people are portraying this,” he said.
Holst further defended his stupid bylaw by pointing to other similarly stupid Canadian towns that have enacted similarly stupid bylaws. Presumably, this belated justification will also not be run by any legal experts — armchair or actual — who may point out that two wrongs still don’t equal a right, no matter what some informal, police-guided survey might “indicate.”
Detective Who Was Recorded Assaulting An Unarmed, Handcuffed Suspect Acquitted Of All Charges
Both a cop and his prime homicide suspect have walked away free men. But it’s the cop who’s gathered most of the attention. Donald Love was picked up by Milwaukee police on August 14, 2013, after his infant son died in a local hospital of traumatic brain injuries. Love wasn’t just a “person of interest.” He was alone in the house with the infant at the time the injury occurred.
Love was interrogated by detective Rodolfo Gomez Jr. This questioning was recorded. The highlight reel, as it were, doesn’t show much interrogation. It shows Gomez attacking the restrained suspect on two separate occasions. Love was punched, kicked and jabbed in the eye with Gomez’s thumb. The latter — and more excruciating “interaction” (caution: the video hosted here contains some very unnerving screaming) — occurred during Gomez’s “follow-up questioning,” and appears to have been provoked by Love’s justifiably angry yelling.
A jury acquitted Love of all charges more than year later. Another jury also acquitted Gomez of all charges, despite watching him assault a handcuffed man.
How do you defend someone against charges related to a videotaped beating? Well, you do everything you can to cast the person handing out the beating as the real victim. His defense lawyers helped, but they had to fight an uphill battle against both damning video footage and statements made by Gomez himself, most of which gave the indication that he had no idea how to handle a potentially dangerous individual.
First, Gomez admitted he said something he knew would provoke an angry response. Then he claimed his short-term memory went all haywire in the heat of the moment.
Albuquerque Police Dept. ‘Complies’ With Records Request By Releasing Password-Protected Videos… But Not The Password
If there’s one thing the Albuquerque Police Department (APD) does well — or at least, frequently –it’s shoot and kill Albuquerque residents. Its officers’ obvious preference for excessive and/or deadly force attracted the notice of the DOJ, which issued a (mostly) scathing review that was tempered somewhat by the DOJ’s appreciation of the inherent risks of the job, as well as all the hard work the city’s officers do when not shooting Albuquerque residents.
On May 3rd of last year, Gail Martin called the APD to help her when her husband, Armand Martin, threatened her and her two children with a gun. This turned into a lengthy standoff which finally ended when APD officers shot Martin as he ran from the house. According to the police, Martin was holding two guns at the time.
The APD released a number of records, including footage captured before and after the shooting, but nothing containing the shooting itself. Local law firm Kennedy Kennedy & Ives, representing Gail Martin for a possible civil rights lawsuit, requested a copy of police recordings containing the actual shooting under New Mexico’s Inspection of Public Records Act (IPRA).
Over a month later, the APD responded. Sort of.
The Kennedy Kennedy & Ives Law Practice in the lawsuit said the department in mid-August released six CDs containing records on the May 3 shooting death of Armand Martin, a 50-year-old Air Force veteran, in response to the firm’s records request. But three of the CDs were password protected.
Now, this could have been a simple oversight, but if so, the problem would be solved already. Instead, it looks as though the APD is looking to keep the law firm from viewing the videos it requested.
The firm has tried to get the password from APD records, evidence and violent crimes personnel to no avail, according to the complaint…
Now the APD’s being sued. The firm is seeking not only access to the password-protected videos, but also damages and legal fees. According to the firm, access to these videos is crucial to determining whether or not Gail Martin has a legitimate civil rights case. Without them, the firm is no better positioned to make this call than the general public, which has only seen the lead-in and aftermath of the shooting.
This isn’t the APD’s only legal battle related to its IPRA non-compliance. Late last year, KRQE of Albuquerque sued it for “serial violations” of the law. That’s in addition to the one it filed over a 2012 incident, in which the PD stalled on its response to a journalist’s public records request before releasing the requested footage at a press conference, basically stripping the reporter of her potential “scoop.”
It’s common knowledge that law enforcement agencies are less than helpful when it comes to releasing documentation of alleged wrongdoing. It’s the one part they can’t completely seal off when circling the wagons. This leads to weeks, months… even years of obfuscation. And this often leads to lawsuits, paid for by the same public it doesn’t want to hold it accountable.
Canadian bloke refuses to hand over phone password, gets cuffed
A 38-year-old Canadian citizen has been arrested for refusing to hand over his smartphone’s password to border agents.
Alain Philippon, of Sainte-Anne-des-Plaines in Quebec, arrived at Halifax international airport in Canada from the Dominican Republic on Wednesday – and was selected by the Canada Border Services Agency for further screening.
In the course of that search he was asked to provide the password for his phone but refused. He was charged with “hindering or preventing border officers from performing their role,” according to CBC.
If found guilty, Philippon could face a fine of anywhere between CAN$1,000 and CAN$25,000 (US$19,900, £13,000) as well as a possible one-year jail sentence.
Philippon was released on bail, and is reportedly willing to challenge the decision when he heads to court on May 12. That challenge would create an interesting legal case in an area of increasing importance: digital “goods” and the right to privacy.
While border officials are given much broader search powers than other authorities, the issue of whether a Canadian border agent is entitled to demand access to the contents of Canadian’s private phone or laptop has not been tested in court.
The agents rely on a interpretation of the word “goods” from legislation written long before smartphones started storing huge amount of personal data. While there is no argument that border agents are entitled to search within people’s luggage, the question of what “inspection” refers to remains uncertain.
An agent can inspect a phone or laptop from the outside, but should they be entitled to compel someone to provide access to its content and if so under what grounds?
The Tsarnaev Trial and the Blind Spots in ‘Countering Violent Extremism’
On April 19, 2013, as Dzhokhar Tsarnaev lay bleeding from gunshot wounds in a suburban Boston backyard, he scrawled a note that contained the following message:
“The US Government is killing our innocent civilians but most of you already know that….I don’t like killing innocent people it is forbidden in Islam but due to said [unintelligible] it is allowed…Stop killing our innocent people and we will stop.”
This message mirrored comments Tsarnaev would later give to investigators, in which he cited grievances over American wars in Afghanistan and Iraq as his motivation for the 2013 bombing of the Boston Marathon.
In his trial, which begins today, more details are expected to emerge about how he went from a popular college student to an alleged homegrown terrorist.
Widely described as a “self-radicalized” terrorist, Tsarnaev now serves as a prime example of the type of individual targeted by Countering Violent Extremist (CVE) programs. Yet in fact, Tsarnaev’s life trajectory leading up to the bombing does not resemble the “path to radicalization” identified in CVE frameworks — raising questions about the capacity of these programs to intervene effectively to preempt terrorism.
A Few Comments on the David Petraeus Plea Deal: What Money And Connections Buy You
David Petraeus, who suffered a fall worthy of a Greek tragedy when was caught leaking classified information to his biographer-girlfriend, has reached a plea deal with the feds, in the person of the U.S. Attorney’s Office for the Western District of North Carolina.
As of now two documents are available online. There’s the Information, which is the charging document the feds use when grand jury indictment is not required or when the defendant waives that right. There’s also the factual basis — the narrative of facts to which Petraeus will admit. These documents reveal that Petraeus has agreed, in advance of charges being filed, to take a misdemeanor.
Generally, poor people react and rich people are proactive. Petraeus is sophisticated and has assets; he could afford to hire lawyers to negotiate with the feds before they charged him. As a result, he was able to secure a pretty good outcome that controlled his risks. The feds let him plead, pre-indictment, to a misdemeanor charge of improper removal and retention of classified documents under 18 USC section 1924. That means even if the federal judge who sentences him goes on a rampage, he can’t get more than a year in federal prison — and, given that it’s a misdemeanor, will very likely get far less. The Factual Basis includes a United States Sentencing Guideline calculation in which the government and Petraeus agree he winds up at an Adjusted Offense Level of 8, which means the judge can give him straight probation.
It is very difficult to get a misdemeanor out of the feds.
Petraeus’ factual basis reveals that he could have been charged with much, much worse. The statement discusses his “Black Books” containing his schedules and notes during his command in Afghanistan; those books contained “national defense information, including Top Secret/SCI code word information.” (Factual Basis at paragraphs 17-18.) Petraeus, after acknowledging that “there’s code word stuff in there,” gave the Black Books to his biographer/girlfriend at her private residence. “The DC Private Residence was not approved for the storage of classified information,” the statement notes dryly. (Factual Basis at paragraphs 22-25.) He retrieved the Black Books a few days later after she had been able to examine them, and retained them. Thereafter, when he resigned from the CIA, he signed a certification that he had no classified material in his possession, even though he had the Black Books. (Factual Basis at paragraph 27.) Later, when Petraeus consented to interviews with FBI agents1 he lied to them and told them that he had never provided classified information to his biographer/girlfriend. (Factual Basis at paragraph 32.)
To federal prosecutors, that last paragraph of facts is like “Free Handjob And iPad Day” at Walt Disney World. First, you’ve got the repeated false statements to the government, each of which is going to generate its own charge under 18 U.S.C. 1001, which makes it illegal for you to lie to your government no matter how much your government lies to you. Then you’ve got the deliberate leaking of top secret/code word defense data to a biographer. An aggressive prosecutor might charge a felony under 18 U.S.C. section 793 (covering willful disclosure of national defense information) or 18 U.S.C. section 798 (covering disclosure of classified communications intelligence materials or information derived therefrom), both of which have ten-year maximum penalties. Those charges don’t seem to require any intent to harm the U.S. — only disclosure of information which could harm the U.S. if distributed. Other than that? You better believe there would be a conspiracy count for Petraeus’ interaction with his girlfriend.
If Petraeus were some no-name sad-sack with an underwater mortgage and no connections and no assets to hire lawyers pre-indictment, he’d almost certainly get charged a lot more aggressively than he has been. This administration has been extremely vigorous in prosecuting leakers and threatening the press.
So why is Petraeus getting off with a misdemeanor and a probable probationary sentence? Two reasons: money and power. Money lets you hire attorneys to negotiate with the feds pre-charge, to get the optimal result. Power — whether in the form of actual authority or connections to people with authority — gets you special consideration and the soft, furry side of prosecutorial discretion.
This is colloquially known as justice.
Chicago’s “Black Site” Detainees Speak Out
On Tuesday, The Guardian’s Spencer Ackerman reported on the “equivalent of a CIA black site” operated by police in Chicago. When computer program analyst Kory Wright opened the story, he told me, “I immediately recognized the building” — because, the Chicago resident says, he was zip-tied to a bench there for hours in an intentionally overheated room without access to water or a bathroom, eventually giving false statements to try and end his ordeal.
A friend of Wright’s swept up in the same police raid described his own brutal treatment at the facility, known as Homan Square, including attacks to his face and genitals. The experiences of the two men line up with the way defense attorneys described the “black site” warehouse to Ackerman: as a place where detainees were held off the books, without access to lawyers, while being beaten or shackled for long periods of time.
Wright claims that nine years ago, he spent “at least six [brutal] hours” at the Homan facility on his 21st birthday. He says that he was never read his Miranda rights, and that his arrest was not put into the police system until after his ordeal was over. Wright was reminded of the facility again this week when he noticed a tweet from a writer he admires, The Atlantic’s Ta-Nehisi Coates, linking to Ackerman’s story. Ackerman compared Homan Square to the network of shadowy torture centers built by the CIA across the Middle East — but focused “on Americans, most often poor, black and brown,” rather than on purported overseas terrorists.
But unlike CIA black sites, Homan Square wasn’t a completely furtive enterprise. Several lawyers and anti-police brutality advocates with whom I spoke knew that suspects were routinely detained at Homan. The facility houses many of the police department’s special units, including the anti-gang and anti-drug task forces, along with the evidence-retrieval unit. Once suspects arrived at Homan, they did not have to be booked immediately, at least not as far as the police department was concerned, according to the people with whom I spoke. In fact, it was possible that a suspect’s arrest report wouldn’t show that he or she had ever been to Homan. Further, police could detain individuals at Homan for hours, or disappear them, before shipping them off to a district station for processing.
The Chicago Police Department declined to address the specific allegations from Wright and his friend, providing only a general statement denying abuses at Homan Square. (The same statement also appears in Ackerman’s story.) “CPD abides by all laws, rules and guidelines pertaining to any interviews of suspects or witnesses, at Homan Square or any other CPD facility,” the statement read. “There are always records of anyone who is arrested by CPD, and this is not any different at Homan Square.”
Kory Wright disagrees.
Confidential Informant Played Key Role in FBI Foiling Its Own Terror Plot
The FBI Wednesday announced the arrest of three men it alleges planned to help the Islamic State, news that at first appeared to confirm fears that radical extremism is spreading to the United States.
“The flow of foreign fighters to Syria represents an evolving threat to our country and to our allies,” U.S. Attorney Loretta Lynch said in a press release announcing the arrests. “We will vigorously prosecute those who attempt to travel to Syria to wage violent jihad on behalf of ISIL and those who support them.”
Left unmentioned in the FBI statement, however, is the integral role a paid informant appears to have played in generating the charges against the men, and helping turn a fantastical “plot” into something even remotely tangible. It appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.
On Feb. 25, two Brooklyn men were arrested following FBI and New York Police Department anti-terror raids and charged with providing “material support” to the Islamic State. Abdurasul Hasanovich Juraboev, 24, and Akhror Saidakhmetov 19, are alleged to have made arrangements to travel to Syria, and also to have expressed willingness to conduct attacks in the United States “if ordered to do so” by the group. A third man, Abror Habibov, 30, was arrested in Florida and charged with helping provide financial support for their travel plans.
According to the criminal complaint against the three, the FBI first began investigating Juraboev after he made postings on Uzbek-language social media sites in August 2014 praising the Islamic State and offering to pledge allegiance to them. While these postings were made anonymously, Juraboev neglected to conceal his IP address which led to him being quickly identified by authorities.
On Aug. 15, 2014, Juraboev was visited at a Brooklyn residence by FBI agents; he openly expressed his desire to join Islamic State to them. He is said to have told the agents he desired to travel and join the group, but that “he currently lacked the means to go there.” Juraboev is also said to have told the FBI agents in this interview of his desire to kill President Obama, but stated that he does not have any “means or imminent plans to do so.”
Three days after that initial visit, FBI agents visited him again; he reiterated these violent and criminal desires, stating his willingness to kill President Obama if he were ordered to do so by any member of Islamic State, and also telling the agents he was willing to “plant a bomb on Coney Island if so ordered by ISIL”.
Report: Rahm Emanuel’s Chicago Police Operating Domestic Black Site
Mayor Rahm Emanuel’s Chicago Police Department is operating a CIA-style black site on the city’s West Side, according to an explosive new report from The Guardian’s Spencer Ackerman. The facility, an otherwise plain warehouse known as Homan Square, also houses military-style vehicles, according to Ackerman.
The Guardian reports that the CPD detains mostly poor, black and brown people at Homan. Once at the site, detainees are allegedly beaten by police, shackled for hours and denied access to counsel. There is no booking at Homan Square, so details about who has been detained at the facility are scarce. “Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are,” Ackerman wrote. “Lawyers and relatives insist there is no way of finding their whereabouts.”
One detainee, 44-year-old John Hubbard, died in an interview room at Homan. There are no official records — or a coroner’s report — concerning Hubbard’s official cause of death, or why he was detained in the first place.
Jacob Church, a member of the NATO Three, was also held at Homan. The NATO Three — three men charged with conspiracy to commit terrorism when the NATO summit convened in Chicago in 2012 — also included Jared Chase and Brent Betterly. It was the first terrorism case Chicago had seen. Church told The Guardian that he was chained to a bench for 17 hours and denied phone calls. His lawyer eventually tracked him down and was allowed to speak to him through a weird “floor-to-ceiling chain-link metal cage.”