System Based on Consent or Physical Coercion? Do You Ever Have a Choice to Not Comply? From [HERE] Friday was a busy day at the Human Resources Administration office in Brooklyn’s Boerum Hill, where New Yorkers can apply for food stamps and other forms of public assistance. Lines were moving slowly and the drab gray building was packed. Jazmine Headley just wanted to get a voucher for city-funded day care so she could find someone to look after her 1-year-old son, Damone, while she went to work as a cleaner, her mother would later tell reporters.
Instead, Headley, 23, ended up behind bars — and at the center of the latest viral video to inspire outrage over alleged police brutality.
The two-and-half-minute video posted to Facebook on Friday shows Headley lying on the floor, surrounded by uniformed New York police officers and security guards. She holds her 1-year-old son firmly in her arms as the officers forcibly try to yank the child away. “They’re hurting my son,” she screams again and again. Unmoved, the officers keep on tugging. As onlookers gather around and begin filming the commotion, one officer pulls out a stun gun.[MORE]
The Illusion of a Meritocracy in a White Over Black System: The Washington NFL Team’s #1 Priority was To Get a QB to Stand & Pledge Compelled Allegiance to Uncle Brother’s Almighty Authority.
From [HERE] and [HERE] The ‘Washington NFL team’ head coach Jay Gruden said the organization "talked about and discussed" signing Colin Kaepernick on Tuesday, but Washington did not reach out to the free-agent quarterback this week, according to ESPN's Adam Schefter.
Kaepernick has not been contacted by a team this season, per Schefter. He was set to workout with the Seahawks in April, but the trip was postponed after Kaepernick declined to stop kneeling during the national anthem.
His continued unemployment is maybe the NFL’s biggest black mark in recent memory. The league’s racist suspect owners are comfortable signing alleged or confirmed domestic abusers such as Adrian Peterson, Greg Hardy, Josh Brown, Joe Mixon, Tyreek Hill, Reuben Foster, and others. But Kaepernick, who silently kneeled during the “Star-Spangled Banner” offended racists with his protest.
Let us not participate in any deception. Speaking out against acts of bigotry or the already unlawful use of excessive force by police is really not a radical thing to do. Complaining to the NBA demographic or to young hip-hop fans about the illegal conduct of cops is also not going out on a limb. For that matter, asking police to do their jobs properly or asking governments to enforce already existing laws to police conduct is also not radical protest. Kaepernick, on the other hand, took a risk and gambled his career ["only the gamblers know what life is"] with an NFL fanbase that is 83 percent white and 64 percent male. Kaepernick said, “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” [MORE] He spoke about a system that refuses to punish white cops who murder Blacks in broad daylight and rewards them for doing so. Kaepernick made it plain that cops function as a modern day "slave patrol" to enforce an oppressive white over Black system. He took it there and took it work because the NFL with its racist suspect owners and clients is apart of that same system.
A re-emerging rule here is: any act or attitude on the part of Blacks which appears to White Americans to defy White American authority, control or dominance may cause elite racists to filter you out or disappear you in any area of people activity. Such a reaction may also be triggered when any non-white person names and challenges the system of racism/white supremacy. Conversely, this is the exact opposite reaction to "Showcase Blacks" who are handsomely rewarded & showcased by elite racists for their obedience & worship of authority and SNiggering, mentacidal activities or activities conforming to re-assuring stereotypes [like NFL players engaged in criminal episodes] in all areas of people activity. [MORE] and [MORE]
As Dr. Amos Wilson explained, It is also clear ‘that Blacks who demonstrate an apparent rejection of their African identity, African culture, history and values, and acknowledge their subordination to European domination, are rewarded with increased opportunities, material and social compensation, although restricted relative to White Americans.
Look no further than the Redskins to see this whitenology rule applied. Daniel Synder approved signing Foster just three days after his second domestic violence arrest in nine months. Yet, the Redskins had Mark Sanchez out there playing quarterback over the past 2 weeks.
The Redskins’ decision to sign Sanchez shatters every supposed football argument for avoiding Kaepernick. Sanchez, who was never good, last started an NFL game in 2015. He hasn’t played much at all since 2014, when he started eight contests for the Eagles.
Kaepernick, meanwhile, started 11 games for the 49ers in 2016 –– posting a passer-rating of 90.7. He also took them to the NFC championship twice. [MORE] He is a proven winner and the most qualified candidate in a league based on an alleged meritocracy. That is, the NFL that is presented by the media to non-whites pushes a “synthesized and packaged reality” where winning through teamwork and fair play are the ultimate goal and promotions are based on merit.
Sanchez was predictably awful during the Eagles’ 28-13 victory over Washington Monday. He completed 13-of-21 passes for 100 yards and an interception. Then today Mark Sanchez got his first start since Week 12 of the 2015 season, but his time in a 40-16 defeat to the New York Giants was dog shit to say the least. The 32-year-old completed two of his first eight passes for just 6 yards. Josh Johnson, signed last week, got the call in the second half after Sanchez completed six of his 14 passes for 38 yards and threw two interceptions, including one pick-six.
Due to said poor performances the team will soon be eliminated from playoff contention. Nevertheless, Yahoo News reported If the Washington team is willing to pick up the phone and call Colin Kaepernick, two sources close to the former NFL quarterback said he is ready and willing to play for the franchise. [MORE]
The Kaepernick episode shows us that winning in the NFL is secondary to the system of racism/white supremacy, a global, white over Black system of vast unequal conditions & unequal power that functions in all areas of people activity, including sports & entertainment. Racism is not merely a pattern of individual and/or institutional practice; it is a universal operating "system" of white supremacy and domination in which the majority of the world's white people participate. [MORE]. Racism is not primarily mean words, inconveniences and disrespect. As stated by Dr. Blynd, "racism/white supremacy is a power group dynamic, i.e., a defined group cooperatively via legacy institutions exerting structured, systematic injustice and power over another group. Racism is not individualistic, but institutional, cultural, economic, political, linguistic, self perpetuating and systematic. Racism is economic discrimination by a group against another for the purpose of subjugation and/or maintaining the imbalance of power through cooperative control and oppression." [MORE]
Dr. Frances Cress Welsing explained that Black people must understand what the system of racism white supremacy is and how it functions in order to disempower and unplug themselves from it. She explained;
“this deep investigation and understanding is essential if Black and other non-white peoples are to succeed in playing the "black side of the chess board" (defense-offense) in contrast to the "white side of the chess board" (offense-defense) in the planetary game of chess (white supremacy) being played out between white and non-white. Currently, the players on the black side of the chess board are in a continuous state of checkmate (a losing streak that is centuries long). This has happened because of our failure to understand the game. Heretofore, non-white people have not decoded white genetic survival.”
FUNKTIONARY defines as follows:
Professional Sports - a socially insignificant form of amusement (synthesized and packaged reality) designed/used primarily to pacify the masculine population by absorbing their aggression and (secondly) to keep them distracted from liberation technology (by maintaining mental impoverishment), and lastly to peddle beer and unass them, i.e. take their “chicken” from them and leave them scratch. (See: Consumerism, Testosterone and Tumescence).
From [HERE] Certified sambo puppetician Tim Scott (R-S.C.) recently made headlines after opposing Thomas Farr, a racist lawyer President Trump nominated to be a U.S. district judge despite accusations that he was in favor of measures to suppress the votes of black Americans. Many mentacidal Blacks and racists think he should be given props for rejecting an obviously unqualified neuropean. Deluded GOP operatives who really, truly think Black people are stupid, probably instructed Scott to do so - better to not blow his cover and status as an alleged “brother” for any future GOP ‘outreach to Blacks’ - actually intended to attract white moderates. As a role-bot, Tim Scott, “merely plays the role of the mask - the personae - [GOP] issued and approved.” For obvious reasons, discussing whether racists should be appointed to judgeships will not be discussed here and those who do so are in a deep sleep of mental slavery [niggers].
In the Wall Street Journal, Scott said that eradicating racism should be a major priority for Americans. He said,
“Unfortunately, there are those in this country who see racism in everything, and they are countered by those who believe racism no longer exists in any substantive way. While our nation has made significant progress over the past 50 years, there is no doubt we still have work left to do.”
“Regardless of the obvious issues the Democratic Party has on race, is that the Republican Party must strive to do better. We can build on the momentum of opportunity zones and criminal-justice reform to show we are serious about tackling real issues facing people of color. I know conservative solutions can transform lives, but if folks don’t trust us, implementing those solutions becomes impossible.”
“We must not seek to sow the seeds of discord, but rather embrace the power of unity. Simply put, if the Senate votes on a candidate that doesn’t move us in that direction, I will not support him or her. Our country deserves better.”
Scott fails to understand that racism is a behavioral system of white genetic survival. Racists practice racism to survive and maintain their dominant economic and social position in a white over Black system. Racism is white supremacy and white supremacy is racism. Dr. Blynd explains, racism is White Degeneracy wrongly cast as Supremacy. Racism—a psycho-socio-economic reality based on a pseudo-scientific biological myth—is a power group dynamic, i.e., a defined group cooperatively via legacy institutions exerting structured and enforced institutionalized and systemic injustice, oppression and power over another group. Racism is not individualistic, but institutional, cultural, economic, political, linguistic, self-perpetuating and systematic. Racism is economic discrimination by one group over and against another for the purposes of subjugation and/or maintaining the imbalance of power through cooperative control, misinformation, indoctrination, genocide and oppression. It is defined as:
Racism White Supremacy - psychopathic degeneracy. 2) "The local and global power system and dynamic, structured and maintained by persons who classify themselves as white, whether consciously or subconsciously determined, which consists of patterns of perception, logic, symbol formation, thought, speech, action and emotional response, as conducted simultaneously in all areas of people activity (economics, education, entertainment, labour, law, politics, religion, sex and war); for the ultimate purpose of white genetic survival and to prevent white genetic annihilation on planet earth—a planet upon which the vast majority of people are classified as non-white (Black, Brown, Red and Yellow) by white skinned people, and all of the nonwhite people are genetically dominant (in terms of skin coloration) compared to the genetic recessive white skin people."
With regard to Blacks and Latinos the democrat and republican parties both function as plantations. The democratic party is the nicer, kinder master and its plantation offers more “respect”, privileges, opportunities and responsibilities to them. The GOP is clearly the mean cracker master and its genocidal plantation seeks to place Blacks in greater confinement. At election time a coerced Black votary smartly “chooses” to stay on the nicer plantation. [Said votary never wonders whether a world without masters is ever possible].
Much of the racist votary, have no greater concern other than their own survival in a mostly non-white world and the maintenance of a system of white domination. The Republican Party is the party of the vanishing majority or the shrinking white population in the US - it is "the White Party." As explained by Patrick Buchanan, 'Republicans now depend on this vanishing majority of whites for fully 90 percent of their votes in presidential elections. [MORE] "The Republican party is a racial identity party. It is designed to appeal to white people as white people... not as union-members or as unemployed people or as home-owners... but as white people. It is a crude racial-identity party and the numbers bear that out. It is almost exclusively a white party. Many white people vote Democratic, but the Republican party is pretty close to all white. It identifies and caters to white people as an interest group." [MORE] and [MORE].
Racist Republicans see "Blacks as the primary impediment to governing." As explained by Dr. Amos Wilson, many working class, non-college educated whites express a profound distaste for blacks, a sentiment that pervades almost everything they think about government and politics. Blacks constitute the explanation for these white voters' vulnerability and provide an explanation for almost everything that has gone wrong in their lives; not being black is what constitutes being middle class; not living with blacks is what makes a neighborhood a decent place to live, etc. The special status of blacks is perceived by almost all of these individuals as a serious obstacle to their personal advancement. Indeed, so-called discrimination against whites has become a well-assimilated and ready explanation for their status, vulnerability and failures.' [MORE]
The GOP strategy centering around projecting the idea that the White populace is threatened by overwhelming alien forces, particularly Black criminals, non-white immigrants, Arab terrorists and non-whites demanding welfare and special entitlements, is not a strategy for governance. Yet racism unites an otherwise ad-hoc group of white people who otherwise have no unifying theory they agree on Wilson explains, The party's method deliberately coaxes emotional responses from white people — teases their anxieties over values they hold important in their own lives — but then walks away from the anger and proceeds to govern on its real agenda, defending the upper-class interest of wealth and corporate power. The Republican party is not a party of conservative ideology. It is a party of conservative clients. Wherever possible, the ideology will be invoked as justification for taking care of the client's needs. When the two are in conflict, the conservative principles are discarded and the clients are served.'
Tim Scott is literally out of his mind. Unbeknownst to this Sleeping Tom racists hate him regardless of his political affiliation with GOP masters. Dr. Blynd explains:
Black Conservative - a lost sheep in master's clothing. A black conservative typically has nothing of his own to conserve with the exception of his or her own double-consciousness. So-called "Black Conservatives" dodge the reality of their folly and posit is that what they truly are conserving is traditional "values" as if values ever had anything whatsoever to do with morality or ethics. A black conservative unknowingly preserves the differential power-relations and dynamics between those of African descent he and their bosses, the overruling overclass elite. A black conservative is a turncoat made of wooly hair with no one to turn to tie because when it comes to empowering his own people, his master will turn to him say: "Get your hat, your robe and coat and leave—you're still just a nigger Clarence!" (See: Sambo, Nigger, Somnamnesiac, Values, Status Quo, Strawboss, Double Consciousness, Overclass, Uncle Tom. Status-Quoticians & Assimilationism)
double consciousness - the sense of looking at one's Self through the eye's (axiology) and distorted mirrors of others. 2) the psycho-mismanagement of one's neurosis. 3) intimately involved with what you hate, and torn apart from who you (think you) are. You cannot learn to use that which you refuse to acknowledge, i.e., one's heritage, roots, or asili. (See: Matah, Inauthentic, "Wille-Chip," Power, Anxiety, Anguish, LEARN & Asili.)
Sleeping Tom - a person of Afrikan descent who has not consciously awakened to fully embrace his or her own asili (cultural heritage and imperative). 2) a socially unconscious person of Afrikan descent who participates in secret balloting (voting). A sleepin' Tom lives and reacts out of another culture's asili or out of the mind of another; not their own. 3) a Negro who is unaware that he is all souled-out. 4) a Negro who isn't aware that he is in fact and in deed a certified Sambo. 5) a broken, token Negro; a coin-operative. (See: Straw Boss, Doublemindedness, Sambo, Uncle Tom-Tom, Coin-Operated & Secret Ballots)
Negrosis - the psychological disease affecting and afflicting native Black Americans, Afrikans, Afrikan-Americans, Negroes and all other people of Afrikan genetic heritage characterized by double-consciousness resulting from the falsification of Afrikan consciousness, history and applied spiritual sciences. (See: Double-Consciousness & Asili)
Wilson explains that such a manufactured mind in a system of white supremacy "requires that Blacks involuntarily and obsessively deceive themselves. This collective self-deception, which is the benchmark of oppressed Black consciousness, is the main product of White-Black social power relations, motivated by anxiety and ignorance, founded on the denial and distortion of reality. Such a consciousness and its produced behaviors require that Blacks operate against their own best interests in the interests of their White oppressors; that they be self-denying, self-defeating, and oftentimes self-destroying, while convincing themselves that the opposite is true.' [MORE]
Seeking better relations with racists or reforming racists misses the point entirely. Our role in the white over Black relationship itself empowers racists. As stated by Dr. Amos Wilson,
"The power relationship between Blacks and Whites is an interactive one — where White power, to a significant extent, arises out of certain types of social interactions between Whites and Blacks where Blacks unwittingly play a very important role in constituting and sustaining their powerlessness relative to Whites. White domination of Blacks in our current social context is primarily facilitated by the fact that Blacks think of themselves and of reality in terms created by the self-serving interests and perspectives imposed on them by Whites, and act on the basis of biased and false information provided them by Whites without realizing it. They therefore contribute to their powerlessness and domination by Whites simply by thinking about themselves and reality in a manner that allows them to be subjugated. Thus, White domination of Blacks is, to a significant degree, covered-over by ideology, beliefs which Blacks have been conditioned by Whites to unwittingly accept. To this degree, their domination and powerlessness is self-imposed. Blacks obscure their unnecessary domination by Whites and contribute to that domination by their own gullibility and too-ready acceptance of Eurocentric ideology and their obsequious willingness to think and act only within the confines of White-generated ideas, social definitions, relations and ethics (not often honored by Whites themselves). Hence, the minds of Blacks are Used to forge the links of their own mental chains. [MORE].
New Jersey established the law in response to the dramatic spike in active and mass shootings in the twenty-first century. The court cited statistics to show the 160-percent increase in active and mass shootings from 2006 to 2015. The law places a 10-round limit on the amount of ammunition that can be held in a single firearm magazine at one time. Those exempt from the law include active and retired law enforcement officers, and active military members.
On the same day the bill was signed into law, the Association of New Jersey Rifle and Pistol Clubs and two of its members filed the lawsuit, seeking to strike down the law as unconstitutional and enjoin law enforcement officials from enforcing it.
The court upheld the law in accordance with the lower court’s decision, saying:
New Jersey’s law reasonably fits the State’s interest in public safety and does not unconstitutionally burden the Second Amendment’s right to self-defense in the home. The law also does not violate the Fifth Amendment’s Takings Clause because it does not require gun owners to surrender their magazines but instead allows them to retain modified magazines or register firearms that have magazines that cannot be modified.
The court further held that the law’s exemption for law enforcement officials does not violate the Fourteenth Amendment’s Equal Protection clause because they “have training and experience that makes them different from ordinary citizens.” The court also struck down the request for an injunction against the law’s enforcement.
[A STATE MONOPOLY ON WEAPONS? Last week NJ.com released a study that showed cops in New Jersey disproportionately assault, shoot, detain, search & arrest Black people despite a record low and consistently declining statewide crime rate.]
According to statist belief “the people” have delegated powers to politicians. And politicians have transferred or given police the moral right to commit acts of unprovoked violence on people. That is, police officers have acquired the moral right to initiate violence and commit acts of aggression against others (by way of so-called “laws”) “to protect” the people for their own benefit. [MORE]
Question here: can you delegate a right to someone that you don’t have? where does authority, the right to rule others, come from? Asked differently, you don’t have the right to initiate unprovoked acts of force against other people - so how can you delegate or authorize another person to do such things? How did police acquire such super-human powers? [MORE]
According to FUNKTIONARY:
Second Amendment - (to the Constitution for the United States)—is only intended for a militia to enforce the First Amendment if and when deemed necessary. Every non-felon in the street has the guaranteed right to be packin' heat. Slave states (the overwhelming majority) are those that have criminalized openly carrying firearms. In the case of Silveira v. Lockver, Ninth Circuit Judge Alex Kozinski summed up the importance of the right to keep and bear arms: "The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once." The right to keep and bears arms actually serves as more than an insurance policy, it also serves as a deterrent. For when would-be tyrants know that the citizenry is well-armed, they think twice about imposing tyranny. (See: Gun Control & Militia)
tyrants - there are none; only tyranny exists. How can one man or woman rule a multitude against their will except through mind-control and word-conditioning control? "Find out the exact amount of injustice any people accept, and you will find out the exact amount of injustice they receive." -Freddy D. "The evils of tyranny are rarely seen but by him who resists it." -John Jay, Castilian Days II, 1872. (See: Tyranny, Terms, "The Law," Dictatorship, Corporate State & Fascism)
tyranny - the miscarriage of self-government. 2) the absence of ethical anarchy. In our system, tyranny must have an accomplice. The perpetrator by intent must be accommodated by the perpetrator by consent. The former initiates, the latter accommodates. Of all tyrannies, the greatest is the tyranny of the ego-mind. "If the government is allowed to place a tax on what is a natural right it can raise that tax to the point where that right has been effectively destroyed. That is tyranny."" Butcher's Union Company v. Crescent City. "No man, no group, and no nation has the right to any man's individual freedom. No matter how pure the motive, how great the emergency, how high the principle, such action is nothing but tyranny. It is never justified." -John W. Parsons. Tyranny Law #1 - Any power that can be abused will be abused. Tyranny Law #2 - Abuse always expands to fill the limits of resistance to it. Tyranny Law #3 - If people don't resist the abuses of others, they will have no one to resist the abuses of themselves, and tyranny will prevail. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime, and the punishment of his guilt. -John Curran. Retaining and exercising the unalienable right to distribute one's own property and wealth without restriction is the only guarantee of freedom from tyranny. (See: Labor, Anarchy, Appropriation, Income Taxes, IRS, Bill of Rights, Property, Freedom, Self-Determination, GIMME!, Autotyranny, Matrix, Organizations, Private Services & Liberation)
[the Freddie Gray Defense - ‘We Were Just Trying to Help’] From [HERE] Xavier Ingram ran from the cops on June 12, 2014, and his life changed forever.
As the 20-year-old walked out of a store in Camden, he spotted the cops coming for him and took off.
Moments later, he slipped and fell. Ingram would say later that two officers were on top of him immediately, kneeling on his neck and back, punching him as he screamed that he couldn’t feel his legs. Then a third cop approached.
“He said, ‘Shut up.’ Then, Ingram said in a court deposition a year later, that the officer stepped on his neck.
Ingram said, "I heard it crack,"
Ingram, now 25, will live the rest of his life in a hospital bed at a rehabilitation facility, unable to move anything below his neck. He eats and breathes through tubes surgically implanted in his body.
Camden County police dispute almost everything in Ingram’s version of events, saying the injuries occurred when he fell. “An accident of his own accord” was how Police Chief J. Scott Thomson put it in a statement a day later. The Camden County Prosecutor’s Office later concluded the same: the officers did nothing wrong.
The issue for who was to blame that night — Ingram, for his decision to flee from police, or the officers, whom one witness described as “whooping his ass” as he lay on the ground — will ultimately be decided in federal court. Either way, a young man’s life will never be the same.
Also at issue is the reputation of the Camden County Police Department, which has been working to reinvent itself and win over wary residents since it replaced the city force in 2013.
The civil rights suit Ingram filed in 2014 has been getting stronger as he lies in bed. Doctors hired by his attorneys have opined that his injuries are consistent with excessive force by police.
But the officers also have experts who swear that medical evidence proves Ingram hurt himself when he fell. If the case goes to trial, jurors will have to decide who to believe.
The chase in Ingram’s neighborhood began after police believed he hid a gun under a parked car to avoid being caught with it — something he denies. The only video footage of the fall and arrest is from a distant surveillance camera, blurry enough for both sides to interpret the footage to their benefit.
Details about the case and the warring expert opinions were revealed in hundreds of pages of depositions and reports filed in the case in U.S. District Court.
While Ingram’s federal suit is at least inching forward, his criminal case is stalled. His medical issues mean getting him into the courtroom for a trial will be at best, extremely costly, and at worst, “almost impossible,” according to his criminal attorney, Robert Dunn of Morristown.
“He’s a quadriplegic in a nursing home and right now there’s no chance of him ever improving,” Dunn said. “Unless there’s a medical breakthrough.”
Judges have pressed the prosecutor’s office to decide if it is really practical to try Ingram, given what it might cost the county to get him into court, but for now the case is in limbo.
If prosecutors did drop the charges, that could weaken the county’s defense against the civil suit.
On behalf of the Camden County Police Department, spokesman Dan Keashen said Ingram’s claims are completely fabricated.
“The facts in this case are clear and transparent, Xavier Ingram’s individual actions created his injury and the circumstances surrounding the incident were self-manufactured through his activity on the night of June 12, 2014,” Keashen said. “The evidence has not changed since the original incident and the video from that night, showing the interaction with officers, still stands as uncontested and definitive.”
Attorneys for Ingram at the Roseland firm of Mazie Slater Katz & Freeman declined to be interviewed for this story, or to make Ingram available for an interview.
Ingram was raised mostly by his grandmother, after his mother died when he was 4 years old. He dropped out of Camden High School as a junior. He had four children by the time he was 20.
Depositions from Ingram and his relatives describe him as more interested in playing video games — four or five hours a day — than getting into trouble.
But the Camden County police don’t buy that. They believe he was a drug dealer from a young age, prowling the streets of Camden with a stolen handgun in his waistband, according to court filings. Police said they found four bags of heroin and $300 cash in his pockets the night of his arrest and injury.
Ingram lived with his grandmother and aunt in Sycamore Court apartments in the city’s Bergen Square neighborhood. Together, Sycamore Court and next-door Chestnut Court are known as a drug hustling hotspot. That’s why three officers on patrol decided to walk through the area around 9:40 p.m. the night Ingram was arrested.
Sgt. Jeremy Merck, 32, (use-of-force records in Evesham and Camden) testified in his deposition that he was doing a “complex sweep” that night with two other officers. Nicholas Marchiafava, 25, (use-of-force record) and Antonio Gennetta, 31, (use-of-force record) were 11 and six months out of the police academy, respectively.
They witnessed a group of men “huddled together” [can’t do that if you’re Black - that’s bad] in the courtyard of Chestnut Court, Merck said, but the group disbanded as officers approached. The officers testified that they saw Ingram, whom he knew, reach toward his waistband as though he had a gun hidden there.
Surveillance video shows that as Ingram walked away, he briefly stooped down between parked cars. He later said he was hiding because he had traffic warrants. Merck said he heard a sound and believed Ingram dropped a gun between the cars.
Ingram walked out of the courtyard with his hands in the air. Merck testified that he found a gun under a car and ordered Marchiafava to arrest Ingram, who was inside a nearby store.
Ingram came out, saw Marchiafava and started running. The surveillance video of the brief chase is very dark, but it shows Ingram fall, with his feet out in front of him.
The police department — and its experts — say Ingram fell flat on his back, and the fall broke his neck. His story is very different.
Ingram said he fell on his side and that when Gennetta and Marchiafava caught up, one put a knee on his neck while the other kneeled on his back. They punched and kneed him, he said. Ingram said Merck ran up and, moments later, stepped on his neck.
“I never felt this pain before. It was hurting bad. Two, three seconds later, I blacked out,” he said in his deposition.
Marchiafava and Gennetta testified that they put knees on his back, not his neck, and the only use of force they officially reported were compliance holds. Merck has denied using any force.
This was before Camden cops had body cameras, so the only video of the incident is from one of department’s “eye in the sky” cameras, operated by staff at the police station. The quality of the video is poor, other than a 10-second span when the camera operator zooms in to the scene, but then zooms out again.
It shows the two officers crouching and moving over Ingram’s body, and Merck running up to join them. Experts for the police officers’ side say the video proves he wasn’t punched, kicked, or stomped on, but Ingram’s experts say it shows the two officers kneeling near his neck and upper torso and shows Merck moving in the area of Ingram’s neck.
The video, in a gif below, also show the officers roll and lift him to a sitting position despite him saying he couldn't feel his legs. When Gennetta let go of his upper body, Ingram tipped forward onto the ground.
Gennetta testified that this was the point where they called an ambulance and supported Ingram's neck until paramedics arrived.
There are also at least four eyewitnesses who have described what they saw of Ingram’s arrest either to police or in court filings, according to a report completed by one of the plaintiff’s experts. Three witnesses said they saw Ingram being assaulted by police, the report said, while one said he didn’t see any blows but saw police push Ingram’s head and neck down “aggressively.” [the witnesses must be Black because the racist suspect reporter doesn’t give eyewitness testimony much weight here! A real journalism might have attempted to interview the 3 witnesses for this story.]
Dr. James J. Yue, an orthopaedic surgeon in Connecticut, Dr. William D. Matuozzi of Maryland, who specializes in radiology, and Paul C. Ivancic, a spinal biomechanics researcher from Connecticut will testify for Ingram.
All three said they believe his injuries — a damaged spinal cord, a displaced vertebrae, and other issues — are consistent with force being applied to the back and side of his neck as he lay on his stomach with his head turned to the right.
They said the force it would take to cause such a violent injury is inconsistent with a slip and fall, and the lack of head trauma or swelling means he did not hit his head hard.
Yue said he believes that the first officer’s knee on Ingram’s neck started the dislocation of the vertebrae and that the compression from Merck’s foot on his neck completed or worsened the dislocation and caused the spinal cord injury.
The two doctors also concluded that the officers’ moving and dropping Ingram, after he repeated that he couldn’t feel his legs, made his injuries worse.
From [The INTERCEPT] FACIAL RECOGNITION has quickly shifted from techno-novelty to fact of life for many, with millions around the world at least willing to put up with their faces scanned by software at the airport, their iPhones, or Facebook’s server farms. But researchers at New York University’s AI Now Institute have issued a strong warning against not only ubiquitous facial recognition, but its more sinister cousin: so-called affect recognition, technology that claims it can find hidden meaning in the shape of your nose, the contours of your mouth, and the way you smile. If that sounds like something dredged up from the 19th century, that’s because it sort of is.
AI Now’s 2018 report is a 56-page record of how “artificial intelligence” — an umbrella term that includes a myriad of both scientific attempts to simulate human judgment and marketing nonsense — continues to spread without oversight, regulation, or meaningful ethical scrutiny. The report covers a wide expanse of uses and abuses, including instances of racial discrimination, police surveillance, and how trade secrecy laws can hide biased code from an AI-surveilled public. But AI Now, which was established last year to grapple with the social implications of artificial intelligence, expresses in the document particular dread over affect recognition, “a subclass of facial recognition that claims to detect things such as personality, inner feelings, mental health, and ‘worker engagement’ based on images or video of faces.” The thought of your boss watching you through a camera that uses machine learning to constantly assess your mental state is bad enough, while the prospect of police using “affect recognition” to deduce your future criminality based on “micro-expressions” is exponentially worse.
That’s because “affect recognition,” the report explains, is little more than the computerization of physiognomy, a thoroughly disgraced and debunked strain of pseudoscience from another era that claimed a person’s character could be discerned from their bodies — and their faces, in particular. There was no reason to believe this was true in the 1880s, when figures like the discredited Italian criminologist Cesare Lombroso promoted the theory, and there’s even less reason to believe it today. Still, it’s an attractive idea, despite its lack of grounding in any science, and data-centric firms have leapt at the opportunity to not only put names to faces, but to ascribe entire behavior patterns and predictions to some invisible relationship between your eyebrow and nose that can only be deciphered through the eye of a computer. Two years ago, students at a Shanghai university published a report detailing what they claimed to be a machine learning method for determining criminality based on facial features alone. The paper was widely criticized, including by AI Now’s Kate Crawford, who told The Intercept it constituted “literal phrenology … just using modern tools of supervised machine learning instead of calipers.”
Crawford and her colleagues are now more opposed than ever to the spread of this sort of culturally and scientifically regressive algorithmic prediction: “Although physiognomy fell out of favor following its association with Nazi race science, researchers are worried about a reemergence of physiognomic ideas in affect recognition applications,” the report reads. “The idea that AI systems might be able to tell us what a student, a customer, or a criminal suspect is really feeling or what type of person they intrinsically are is proving attractive to both corporations and governments, even though the scientific justifications for such claims are highly questionable, and the history of their discriminatory purposes well-documented.”
In an email to The Intercept, Crawford, AI Now’s co-founder and distinguished research professor at NYU, along with Meredith Whittaker, co-founder of AI Now and a distinguished research scientist at NYU, explained why affect recognition is more worrying today than ever, referring to two companies that use appearances to draw big conclusions about people. “From Faception claiming they can ‘detect’ if someone is a terrorist from their face to HireVue mass-recording job applicants to predict if they will be a good employee based on their facial ‘micro-expressions,’ the ability to use machine vision and massive data analysis to find correlations is leading to some very suspect claims,” said Crawford.
As with any computerized system of automatic, invisible judgment and decision-making, the potential to be wrongly classified, flagged, or tagged is immense with affect recognition, particularly given its thin scientific basis: “How would a person profiled by these systems contest the result?,” Crawford added. “What happens when we rely on black-boxed AI systems to judge the ‘interior life’ or worthiness of human beings? Some of these products cite deeply controversial theories that are long disputed in the psychological literature, but are are being treated by AI startups as fact.”
What’s worse than bad science passing judgment on anyone within camera range is that the algorithms making these decisions are kept private by the firms that develop them, safe from rigorous scrutiny behind a veil of trade secrecy. AI Now’s Whittaker singles out corporate secrecy as confounding the already problematic practices of affect recognition: “Because most of these technologies are being developed by private companies, which operate under corporate secrecy laws, our report makes a strong recommendation for protections for ethical whistleblowers within these companies.” Such whistleblowing will continue to be crucial, wrote Whittaker, because so many data firms treat privacy and transparency as a liability, rather than a virtue: “The justifications vary, but mostly [AI developers] disclaim all responsibility and say it’s up to the customers to decide what to do with it.” Pseudoscience paired with state-of-the-art computer engineering and placed in a void of accountability. What could go wrong?
From [MassPrivatel] BriefCam's "Transforming Video into Actionable Intelligence" allows law enforcement and retailers to secretly identify people by their gender, body size, color, direction, speed and more.
BriefCam's Video Synopsis version V allows police and retail stores to use surveillance cameras to identify individuals and cars in real-time.
"BriefCam is the industry’s leading provider of Video Synopsis® solutions for rapid video review and search, real-time alerting and quantitative video insights. By transforming raw video into actionable intelligence."
What is really disturbing about the video is no one knows where it is being used and by whom. BriefCam's limited disclosures, claim it is being used by top law enforcement agencies and governments but that's it.
BriefCam admits that the Statue of Liberty, the Empire State Building, Disney, the Javits Convention Center and Smart City initiatives in Boston and Beverly Hills are using Video Synopsis.
Watchlisting or "real-time alerting" goes hand-in-hand with biometric surveillance cameras.
"NEC and NPS will showcase a vast range of safety solutions to overcome challenges facing cities; including facial recognition system, automated fingerprint identification system (AFIS), CONNECT police platform, and video analytics solution. The solutions will form part of Safer Cities that NEC and NPS aim to build, to contribute to realize a safe and secure society for all citizens."
BriefCam, like NEC is so good at spying on everyone that even Homeland Security is impressed.
Aaron Miller, Director of the Office of Homeland Security and Emergency Preparedness for the City of New Orleans said, "with cameras covering the city and BriefCam’s unique ability to rapidly pin-point objects of interest, incidents can be solved more quickly, and trends in pedestrian, crowd or traffic behavior can be uncovered in a matter of minutes."
Police and retailers secretly use thermal imaging surveillance cameras
Looking through BriefCam's "Safe & Smart Cities" section reveals something truly frightening. Police departments are secretly using BriefCam's thermal imaging to spy on the public.
"BriefCam helps streamline law enforcement operations in numerous ways, from tracking and identifying suspects to proactive crime prevention. Officers are leveraging BriefCam by using the heat map surveillance features."
A look at BriefCam's partners list reveals that FLIR Systems thermal imaging is one of BriefCam's main selling points. A recent BriefCam article titled "How Video Data Can Help Retailers Maximize Store Layout and Navigation" reveals that retailers are secretly using thermal imaging surveillance cameras.
"With Video Content Analytics, retailers can apply heat maps to easily understand where shoppers tend to concentrate and the areas where they dwell the longest." (To learn more click here.)
Think about that for a moment, police departments and retailers are secretly using thermal imaging surveillance cameras.
Police smartphones can access surveillance cameras
If you are you still wondering why DHS is so excited, I give you BriefCam's spying police smartphones.
At approximately 6:00 into the video Hartford Police Sergeant John Michael O'Hare reveals that police can access surveillance cameras in real-time using their smartphones.
BriefCam's entire business model appears to be focused on one thing, surveillance. Perhaps nothing says that better than suggesting stores use surveillance cameras, Video Synopsis and Data Fusion to identify people walking by their storefront.
"How many people pass the Duty-Free storefront? Of those, how many people enter the store? When correlated with the store’s revenue data, this information could help operations managers understand how many of those store entries turned into actual sales."
The Massachusetts General Hospital was so excited with BriefCam's potential that they used it to identify how many people actually visited their museum on any given day. (To learn more click here.)
BriefCam euphemistically calls this "business intelligence" or as I call it corporate spying on Americans.
Everyone's privacy is at stake when police and corporations use surveillance cameras to identify individual people walking on public streets and travelling in their cars.
From [HERE] Keith Shenery was hanging out with friends in the courtyard of a Harlem public housing project when police saw him remove a small bag from his pants. When police approached him, he told them that it was “just weed.” When the officers searched him, they found a small bag of marijuana and a folding knife, a gift from his grandfather. Shenery, 21 at the time, was arrested and indicted for unlawful possession of marijuana and felony possession of a weapon — an unusually severe charge. Prosecutors asked for his bond to be set at a whopping $10,000. Shenery, they claimed, was a “known” gang member.
Shenery, who had only three nonviolent misdemeanor arrests on his record from when he was a teenager, could have been released that night on his own recognizance with a misdemeanor charge. He had no idea why prosecutors would call him a gang member and strongly denied the accusation. But as his case has dragged in court for nearly two years, prosecutors labeled him a gang member over and over — telling a judge, but providing no evidence, that he belonged to Harlem’s Cash Money Boys, “a violent narcotic sale crew based out of 1990 Lenox,” according to court files.
More than a year after his April 21, 2017, arrest, Shenery learned that prosecutors appeared to be basing their accusation on his inclusion in a database of more than 42,000 New Yorkers that the New York Police Department considers as “gang members.”
As The Intercept has reported, the NYPD’s gang database was massively expanded in recent years, even as gang-related crime dropped to historic lows. The information on the secretive list is available to prosecutors but not to those named in the database, who often learn that the police have labeled them gang members only if they are arrested and slammed with inexplicably harsh charges or excessive bond. The database has been widely criticized as arbitrary, discriminatory, and over-inclusive — with no clear process in place to discover or challenge one’s alleged gang affiliation. Like Shenery, an overwhelming majority of people in the database are young black and Latino men.
Last year, the Legal Aid Society, one of several New York organizations that have demanded greater transparency from the NYPD about the database, launched a website to help New Yorkers file public records requests to learn whether they are listed in it. So far, more than 300 people have filed such requests — but police have denied every one of them.
Shenery, who learned of the existence of the gang database after prosecutors called him a gang member in court, filed a Freedom of Information Law request last July to understand what earned him the label. Within a day, the NYPD denied his request. Shenery appealed and then sued in November after the NYPD responded that it had found “responsive records” for him but refused to turn them over.
Shenery declined to be interviewed for this article. A spokesperson for the NYPD did not respond to a series of questions by The Intercept about the gang database and Shenery’s lawsuit, but wrote in an email that the department “maintains among the nation’s most rigorous criteria for identifying an individual as being a member of a known criminal group.”
A spokesperson for the Manhattan District Attorney’s Office declined to comment on Shenery’s criminal case because it is still open, but referred to court documents in which prosecutors making the bond request cited his record, as well as previous failures to appear in court and a recommendation by the Criminal Justice Agency, an independent city agency that evaluates whether an individual is a candidate for release.
The spokesperson added that the DA’s office does not have direct access to the NYPD’s gang database and wrote that “our prosecutors would not have referenced inclusion in the NYPD’s gang database, standing alone,” and that “any reference to a defendant’s membership in a Manhattan-based gang would have been based on independent analysis from our Office, including our Office’s own independently-gathered intelligence.” Prosecutors’ claim that a defendant is a “known” gang member, the spokesperson added, is based on “information from community members and other law enforcement agencies, and our office’s own independently-gathered intelligence.”
Attorneys argue that calling someone a gang member, and providing no evidence, immediately impacts a defendant’s right to due process.
“The mere use of the label renders you guilty in the eyes of the court,” said Anthony Posada, a supervising attorney with Legal Aid’s Community Justice Unit, who is representing Shenery in his lawsuit against the NYPD. “We’re seeing people being criminalized, found guilty by association, in court, where you’re supposed to be presumed innocent until you’re proven guilty beyond a reasonable doubt. What is happening is a practice by which assistant district attorneys are relying on the gang database to label people and prejudice their cases.”
Smoking While Black
Although the NYPD has said little about how it uses the “criminal group database,” as the database is known internally, it is no secret that the department shares information about alleged gang membership with prosecutors and other law enforcement agencies. It’s also clear that designation as a gang member, even when based on questionable evidence and without that evidence being disclosed to the accused or their attorneys, can have a profound impact on one’s fate in court. While gang association by itself is not a crime, prosecutors regularly use it to bolster their cases.
That’s exactly what happened to Shenery.
Earlier this year, the Manhattan District Attorney’s Office announced that it would no longer prosecute the possession of small quantities of marijuana, calling on legislators to legalize and regulate its use and citing the lack of “moral justification for the intolerable racial disparities that underlie enforcement.” Shenery’s arrest preceded the policy change, but in a city where marijuana use was already effectively legal for most people, he fit the profile of the New Yorker most likely to be prosecuted: young, black, and from a poor neighborhood. Before the DA’s announcement, black New Yorkers were arrested for small marijuana possession at eight times the rate of white New Yorkers. In Manhattan, black residents were arrested on low-level marijuana charges at 15 times the rate of white residents.
“Gravity knives,” as prosecutors call the commonly used kind of folding knife that police found in Shenery’s pocket, have also been a controversial issue in New York City — with critics noting that criminalizing them has led to the arrest of thousands of working-class individuals, mostly people of color. While the gravity knife ban was originally intended to target dangerous switchblade-style knives, it has since been applied to even the most widely used pocketknives, common especially among manual laborers.
The DA’s spokesperson told The Intercept that the office either dismisses the cases of individuals found in possession of these knives for work purposes, if they are not re-arrested within six months, or offers them a disorderly conduct plea. But attorneys say that workers continue to be arrested and prosecuted over the knives.
While Shenery’s case highlights some of the city’s most intractable issues regarding race and policing, he would have been unlikely to receive a felony charge and an exorbitant bond had he not been identified by police as a gang member. “For almost anybody in New York, this would have been a misdemeanor arrest,” said Jane White, an attorney with Legal Aid who has been representing Shenery in his criminal case. “They don’t do this to most defendants, but they do it when they want to slam somebody, when there’s information that they want to get from somebody, or when they think somebody’s a so-called person of interest.”
In its response to Shenery’s request for records, the NYPD claimed that it could not disclose any records alleging his gang affiliation without revealing “non-routine” investigative techniques. But Legal Aid attorneys shot back that the techniques used by the NYPD to determine who is a gang member have already been discussed publicly, and that they are deeply problematic.
At a city council hearing last June, NYPD Chief Dermot Shea testified that individuals can be added to the database if they “admit” to being members of a gang or if they are identified as such by “two independent and reliable sources.” In the absence of identification, the NYPD may choose to add an individual to the list if they meet at least two of a wide-ranging list of criteria that include one’s presence at a “known gang location,” association with “known gang members,” social media posts, scars, tattoos, and the use of gang “signs” and “colors.” One document published by The Intercept in June showed a list of colors that the NYPD considered to be associated to gangs: black, gold, yellow, red, purple, green, blue, white, brown, khaki, gray, orange, and lime green.
Earning a spot on the list requires no evidence of criminality, but Shea said that the department has “instituted oversight mechanisms” to ensure that the recommendation to enter someone in the database is “backed up by evidence.”
Despite Shea’s testimony, when the NAACP Legal Defense and Educational Fund, or LDF, filed a public records request to obtain those criteria, the NYPD responded that it could not locate any. “Instead, the NYPD officer charged with responding to our requests insisted that NYPD personnel communicate this information verbally,” Marne Lenox, an assistant counsel at the LDF, wrote in an op-ed for the New York Daily News. “This, apparently, is the NYPD’s sophisticated ‘oversight mechanism’ to ensure the reliability of its database.” Shea did not respond to The Intercept’s questions about his testimony.
The problem with such vague, broad, and apparently unwritten criteria, critics say, is that it criminalizes perfectly innocuous behavior — like having friends in one’s neighborhood — and does so in a way that is discriminatory.
Because the NYPD is not complying with Shenery’s FOIL request, he and his attorneys don’t know what criteria put him on the list. “The DA and the NYPD, they share this information openly with each other and they just will not turn that over to us, which is absurd,” said White. The DA spokesperson told The Intercept that “the Office meets and exceeds its legal and professional obligations with regard to disclosures to criminal defendants, including in this matter.”
What is clear is that Shenery was targeted because he lives in a certain neighborhood and knows people in that neighborhood. After his arrest, prosecutors offered him a one- to three-year sentence, then told him that it could be significantly reduced if he gave them information they needed. “They wanted him to give them information that he didn’t have,” said White. “He has always said, ‘I’m not what they’re saying.’ He’s in the street hanging out because that’s what kids do in New York.”
Prosecutors and police have regularly defended their enforcement practices as precise and surgical — even when they have led to mass raids and indictments. In law enforcement lingo, gang policing and prosecutions in the city have been “intelligence-driven” and “proactive.” But what that means in practice is that one need not have committed or intended to commit any serious or gang-related crimes in order to get swept up by law enforcement’s gang policing efforts.
A set of documents used by the Manhattan DA’s office for training purposes, obtained by The Intercept, shows how the “gang” label, an unproven allegation, can trigger a series of consequences and enhancements for individuals coming into contact with police over sometimes minor violations. In a PowerPoint presentation prepared by the office’s Crime Strategies Unit, as well as in a report by the office about investigative innovations, prosecutors lay out how, when an arrest alert is shared between police and prosecutors across jurisdictions, an individual’s presence in a series of law enforcement lists, including the gang database, is also flagged. The slides also list, under the header “case enhancement,” elements like suspects’ social networks or their nicknames. The DA’s spokesperson said that “case enhancement” can refer to identifying potential investigative steps or informing bail and sentencing recommendations.
Shenery’s case is a textbook example of how this works in practice.
“So he comes in on a marijuana charge,” Posada said, “and immediately under this form of policing that they have, what they call precision policing, they’ll dial up the charges on him and bump up his knife to a felony.”
“[The gang label] was weaponized in court, so the district attorneys could add more weight to their case,” he added.
Legal Aid is not the only group using the courts in an effort to force the NYPD to be more transparent about its gang policing efforts.
The LDF and the Center for Constitutional Rights have sued the department over its failure to comply with public records requests about the database. Darius Charney, a senior staff attorney at CCR, called the NYPD’s gang policing practices “a black box that, like stop and frisk before them, have subjected thousands of young people of color in New York City over the past several years to police surveillance, harassment, and worse.” The LDF also filed a similar records request with the Manhattan DA, and another one with the New York City Department of Education.
The gang database came under heightened scrutiny earlier this year at a city council hearing during which the NYPD disputed The Intercept’s reporting and the figures we cited about the database — even though those figures were released by the NYPD itself in response to yet another public records request.
Council Member Brad Lander, who has long advocated for police oversight, told The Intercept that the hearing “raised more questions than it answered,” prompting him and others to call on the Inspector General for the NYPD, which is tasked with independently monitoring the department’s work, to investigate its gang policing practices. After the hearing, the Inspector General indicated to stakeholders that it was considering an investigation — but has yet to announce one. BuzzFeed News reported that the office was “discouraged” from scrutinizing the database by Department of Investigation head Mark Peters, who was recently fired by Mayor Bill de Blasio. The Department of Investigation, which oversees the Inspector General for the NYPD, declined to comment.
“We don’t yet have a public commitment from them to do that investigation, but we have asked them to, they are taking the request seriously, and I hope they will in the near future,” Lander told The Intercept. “I had hoped that they’d move very quickly.”
“It says a lot about policing in general, but policing on this issue specifically, that the police want to operate with as little transparency as possible,” Josmar Trujillo, a community organizer who has long advocated against the NYPD’s gang policing practices, told The Intercept. “That’s generally how they like to operate but in this regard, they are creating an infrastructure that affects thousands and thousands of people, including young people who are middle-school age. The public has almost no means other than suing them in order to get it.”
Trujillo noted that the discriminatory and unchecked policing tactics the database is built on are nothing new, but the technology behind the NYPD’s growing emphasis on data-driven, proactive policing is unprecedented.
“People have a street sense that police can use this gang label, that an individual cop can just put a label on you and that prosecutors can pretty much do whatever they want in court. They know that from their experience and generational memory of what policing and prosecution is in communities of color,” he said. “I think what they don’t know is the extent to which police have codified it and what technology has allowed police to do. They’re not aware of how much infrastructure, how much investment, has gone into this type of policing for the future. You ask 100 New Yorkers and I think 99 of them won’t know what predictive policing is.”
“That doesn’t have to do with the public’s ignorance, that has more to do with the secrecy the NYPD has been allowed to operate under,” he added. “We have concerns now based on the little we know. Can you imagine if we knew the full extent of what the police is doing?”
But while much about the database and how it is used remains secret, its impact is already being felt.
Two years of fighting his charges has left Shenery exhausted and discouraged — so much so that at one point, he considered simply taking the felony conviction. He ended up pleading guilty, but under the terms of the agreement, the felony will be reduced to a misdemeanor after a year if he meets a series of conditions. But that means he’s regularly back in court. His next hearing is on Thursday.
“It’s been hard for him to have to hear these things said about him and know this case has taken the long path it’s taken because of this view of him that is just false,” said White. “He thinks it’s unfair and unwarranted and that they really have no basis to do what they’ve done, but he also feels that it’s a fruitless fight, and that the police will continue to treat him like a gang member when they see him.”
From [HERE] A divided Illinois Appellate Court panel has upheld a 10-year prison sentence that a Cook County judge gave a homeless drug addict convicted of the 2015 robbery of a Family Dollar Store on the West Side in which he got away with $33 of T-shirts and underwear.
Appellate Judge Terrence Lavin, writing for himself and Appellate Judge Mary Anne Mason, said it isn’t the job of the appeals court to substitute its judgment for that of the trial judge, Cook County Circuit Judge Mary Margaret Brosnahan. She imposed the harsh sentence on David Lundy, who had 10 prior convictions, most on theft and drug charges.
In a dissent that invoked Nelson Mandela, Appellate Judge Michael B. Hyman wrote that the “sentence punishes Lundy more for the numerous difficulties brought about by his economic status (impoverished), illness (drug addiction), and condition (homelessness) than for the offense for which he was convicted.”
Hyman wrote that the most serious offense Lundy previously was convicted of — robbery and aggravated battery causing great bodily harm — happened more than 22 years ago.
“Since then, Lundy has been convicted of drug offenses and theft,” Hyman wrote. “No violent crimes.”
He also cited a quotation from Mandela: “A nation should not be judged by how it treats its highest citizens, but its lowest ones.”
Lundy, now 52, was stuffing the underwear into his baggy pants and jacket, and, when a store employee confronted him, he pulled a pocket knife and warned her to back off.
As he left and employees tried to get the underwear back, Lundy threatened, “I’m going to kill you,” then added, after an epithet, “with this knife.”
The police, flagged down by store employees, arrested him and found three packages of T-shirts, a package of underwear and a red pocketknife in his pants pocket.
In his dissenting opinion, Hyman wrote: “The majority portrays Lundy as dangerous, a betrayal of the facts. Rather, the testimony of the two store employees describes a minor incident. Again, one employee said that Lundy’s behavior was ‘not that upsetting for a small woman like me,’ and the other expressed no fear or concern for her safety.”
He noted that Lundy’s sentence for armed robbery without a firearm amounted to one year in prison for every $3.33 of merchandise he took.
But the other two judges focused on the limited role of the appeals court, writing, “Our role to determine that the aggravating factors present in this case are outweighed by what the dissent characterizes as the ‘small, petty, and sad’ nature of the crime.“
AT THE END OF BLACK MAN’S PROCEDURAL DUE PROCESS IS LAW AS IMAGE. From [HERE] and [HERE] A federal judge dismissed Detroit from a civil rights lawsuit brought by a man who spent eight years in prison for four murders he didn’t commit, finding the city is immune from his claims of police misconduct because of its 2013 bankruptcy.
Davontae Sanford was 14 years old when he was convicted in 2008 of murdering four people after pleading guilty. Another person later confessed to the crimes and said Sanford was not involved.
An investigation found that Sanford’s confession was a result of misconduct by Detroit police. Sanford was freed in 2016 after spending eight years behind bars, and filed a federal lawsuit against Detroit and Officers Sergeant Michael Russell and Detroit deputy chief of police, James Tolbert [sambo rolebots in photo].
U.S. District Judge David Lawson [racist suspect in photo] ruled Tuesday that while Sanford can pursue his case against the officers, his claims against the city must be dismissed.
Lawson ruled Tuesday that Davontae Sanford couldn’t recover from the city of Detroit, even though his murder conviction wasn’t vacated until July 2016.
“Detroit’s intervening bankruptcy bars Sanford’s claim against the city in this court because the final plan of adjustment discharged prepetition claims and the plaintiff is enjoined from pursuing his claim against the city except as the plan allows,” the judge wrote.
Sanford was 14 years old at the time of the quadruple murder near his home in September 2007. When police arrived, Sanford approached them, still wearing his pajamas, and asked what was going on. Sanford was blind in one eye, functionally illiterate and had a learning disability.
There was no gunshot residue on Sanford’s hands, and no blood on his clothes or body. Nevertheless, he was unlawfully arrested, detained in violation of the 4th Amendment and questioned over two days without a parent or attorney present. Also Sgt. Russell’s failure to read Davontae his Miranda rights prior to interrogating him was a clear violation of Miranda, precisely the kind of two-step tactic (question first, Mirandize only after obtaining a statement) that the United States Supreme Court condemned. [MORE] He signed a written confession that said he was present when the shooting was planned. The only accurate part of the confession consisted of details of the crime inserted by officers, Lawson said.
“The defendants lied to Sanford during the interrogation, telling him he would be free to go afterwards, also falsely telling him that blood from the scene had been found on his shoes,” according to a summary of Sanford’s complaint in Lawson’s ruling.
In a second round of questioning, police “concocted another written confession” with additional details, Lawson said. “Sanford was charged with four counts of first-degree murder,” Lawson wrote, but during his trial, he “entered a midtrial guilty plea to the four murder charges,” which were “reduced to second-degree murder and one firearm count.” He was sentenced to 39 to 92 years in prison.
Two weeks later, police arrested another man who confessed to the crime, along with several other murders. The new suspect was a professional hit man, and he said Sanford was not involved in the quadruple murder. Russell, one of the questioning officers, told him to stop talking about the Runyon Street shootings.
Smothers was charged with eight of the 12 murders to which he had confessed his involvement, but was not initially charged with the Runyon Street killings.
Michigan State Police investigated the case in 2015, and Deputy Police Chief Tolbert [in photo] admitted that he had fabricated evidence to convict the Black teen. Specifically, the Black cop testified that Sanford drew a diagram of the crime scene from scratch - but the cop the drew it himself. Tolbert later became Flint’s police chief. [MORE]
Prosecutor Kym Worthy waited eight months before notifying Davontae Sanford’s attorneys about the exculpatory evidence, according to the Michigan State Police report.
Michigan’s code of conduct for prosecutors mandates that prosecutors “make a timely disclosure to the defense of evidence that could exonerate a suspect.” That Worthy wanted to investigate information from the report was not relevant to whether information was exculpatory and therefore should have been disclosed to the defense. Exculpatory evidence is any material evidence that may tend to negate guilt. Impeachment evidence like a confession that the police chief lied in court and told more lies to investigators should have been turned over immediately.
Sanford was released in July 2016 and sued the city 14 months later alleging due process violations, malicious prosecution and violations of the Americans with Disabilities Act.
He also claimed that Detroit endorsed the practice of handling high-profile cases by hastily arresting any available suspect while ignoring evidence that points elsewhere. He claimed the city of Detroit endorsed the conduct of the officers through policies and practices of pursuing rushed, shoddy investigations in high-profile cases to secure quick arrests and convictions of any available suspect.
The city argued that it was barred from being sued as a result of its 2013 bankruptcy, and Judge Lawson agreed.
“The courts that have considered the question uniformly have concluded that claims based on prepetition malicious prosecutions were barred,” Lawson wrote, “notwithstanding that the plaintiff could not file suit on his claims until his criminal conviction was overturned.”
Officers Tolbert and Russell argued that they too should be dismissed from the case, calling Sanford’s guilty plea and the appeals court’s upholding of his conviction “superseding causes” that bar his case.
But Lawson disagreed with the officers’ “curious position.”
“The defendants’ position that they should be absolved of liability for stacking the deck against the plaintiff because their efforts to corner him into a guilty plea succeeded is nonsense, and they cite no authority to support it,” the judge wrote.
The judge also allowed Sanford to pursue his ADA claim against the officers.
“He has plausibly alleged that his mental condition was such that he reasonably could have given his answer in the criminal proceeding inadvertently or by mistake – i.e., because he did not fully understand the nature and consequences of the question posed to him,” Lawson wrote.
The prosecution of the Black teen was carried out by Wayne County Prosecutor Kym Worthy, a Back probot.
Detroit TV journalist Bill Proctor helped bring the problems with Sanford's case to light, Sanford's story is "sickening," and called Kym Worthy's defense of how it played out "another horrific chapter."
“The real bottom line is…anybody with a title like prosecutor can stand behind process and procedure," Proctor said. "This was about her having in her hands, in her custody, with police backing, clear-cut information and evidence that an adult was paid to do these murders...
“And for her to show all these bits and pieces of paper, that this diminished 14-year-old child signed to say this is our proof and justification for incarcerating this innocent child, is crap.” [MORE]
State police asked for perjury charges against Tolbert after they say he admitted to detectives he'd drawn a map of the crime scene on Runyon. That statement conflicted with 2010 testimony in which he said Sanford had drawn the diagram.
Wayne County Prosecutor Kym Worthy declined to charge Tolbert, mainly because she said Sanford would not testify. Sanford called that “a lie” and said he was willing to testify against Tolbert after his case was formally dismissed. [MORE]
Sanford received $408,000 from the state of Michigan in a compensation program for wrongfully convicted people, the Associated Press reported in January.
DON’T HOLD YOUR BREATH WAITING FOR RANDOM JUSTICE IN A SYSTEM OF INJUSTICE, “the by-product of authority and its enforcement through legal fictions.”
From [HERE] and [HERE] More than Four years after Eric Garner was fatally smothered and choked to death by a gang of white cops on a street corner in Staten Island in front of numerous witnesses and cameras in broad daylight, the NYPD says it now plans to move forward with internal disciplinary proceedings against one of the officers involved.
The NYPD officer facing departmental charges in the 2014 death of Eric Garner had a preliminary hearing at police headquarters Thursday.
The judge rejected demands from Daniel Pantaleo's lawyer to delay the officer's department trial in the death of Eric Garner until July, when time runs out for federal prosecutors to file civil rights charges against him.
The white cop and his attorney have said previously they believe Trump’s Justice Department will not file any criminal charges. Stuart London, the attorney representing Pantaleo on behalf of the Patrolmen's Benevolent Association, said "I discussed the election results with him and he is cautiously optimistic. I am cautiously optimistic that, under the new administration, that the recommendations of the Eastern District that there is no civil rights case would be accepted by Justice, and that Pantaleo can then move forward with his life," London said.
The NYPD internal administrative trial will start May 13 and could take about two weeks, the judge said.
Pantaleo is expected to be prosecuted by the Administrative Prosecution Unit of the Civilian Complaint Review Board, which will ultimately make a recommendation to Police Commissioner James O'Neill. The internal NYPD hearing is not a criminal trial, and thus could not result in criminal charges being brought against Pantaleo. If found liable, the 33-year-old Pantaleo could face penalties ranging from the loss of vacation days to firing from the department. That is, at worst, he could end up losing his job—though even then, it's unlikely that the public would be made aware of the arguments and evidence presented during the hearing, according to Jeffrey Fagan, a law professor at Columbia University who specializes in police accountability and criminal law. [MORE]
Meanwhile, according to police reform experts and advocates, the city's announcement that it is moving forward with a trial amounts to little more than political theater, and does nothing to clear up the question of why the city continues to employ Officer Daniel Pantaleo and the other officers involved in the incident.
Daniel Pantaleo, who was seen on video administering an illegal chokehold on Garner, remains employed by the NYPD. An all white grand jury put together by white prosecutors, declined to indict him in 2014. Two years later, the Civilian Complaint Review Board determined he should face department charges for the use of the chokehold—though no further action was taken. He's been on desk duty since Garner's death, and reportedly received a $20,000 raise in 2016, bringing his annual salary to $119,996.
Pantaleo also has a lengthy history of misconduct, and had seven pending complaints against him at the time of the fatal arrest, according to documents leaked by a city employee.
"There is no reason that the NYPD could not have moved sooner to hold the officers involved in the killing of Eric Garner accountable," said Johanna Miller, advocacy director at NYCLU. "Not doing so, for years now, has given the appearance of complete impunity at the NYPD, which, given its size and influence, has a ripple effect to police departments across the country. The public deserves to see swift, transparent, and definitive investigations and actions by the police department when officers kill civilians."
According to a NY Times study, “The murder rate in the United States in 2018 is on track for the largest one-year drop in five years.
The numbers obviously aren’t final, and the F.B.I. won’t formally report 2018’s murder figures until September 2019.
But based on a comparison of 2017 data and 2018 data for 66 large American cities (population over 250,000), we can observe the trend as it is occurring and offer a reasonable forecast. (The 2018 data I’ve collected is available here).
Murder rose 23 percent nationally between 2014 and 2016 before leveling off in 2017. Major increases in murder in Chicago and Baltimore received much of the national attention, but the increase occurred throughout the country.
In the cities in which data is available, murder has been down about 7 percent on average this year relative to the same point in 2017.
Estimating national trends from a sample of cities can be tricky because big cities tend to overstate national trends. If murder is up substantially in big cities, you can typically expect that the national murder rate is also up, but a little less so. And if murder is substantially down in big cities, you can usually expect a smaller drop nationally.
The Brennan Center in 2017, for example, found a 4.4 percent decline in 29 large cities for which data was available. Yet the F.B.I.’s national murder count was essentially unchanged in 2017 relative to 2016. (It was officially down 0.7 percent, but that was because the F.B.I. revised 2016’s murder total upward, to 17,284 from 17,250.)
The sample of cities we’re using in this article accurately predicted the movement of the national murder change every year but 2002, when murder was down 1.4 percent in the big cities but up 1.1 percent nationally. On average, the sample of cities overstated the national trend by 2.4 percentage points.
If these big cities end the year down about 7 percent from 2017, and if big cities tend to overstate the national trend by about 2.4 percentage points on average, murder should be down by around 4 percent to 5 percent nationally this year.
So far this year, murder in Chicago is down 17 percent in 2018 relative to 2017, accounting for about a third of the drop in the sample. Murder is also down substantially in cities like Baltimore; Charlotte, N.C.; Louisville, Ky.; and Memphis, which all experienced large rises in murder from 2014 to 2016/2017.
The murder rate in Las Vegas is roughly even this year, according to the Las Vegas Metropolitan Police Department, although this does not count the mass shooting outside Mandalay Bay in 2017 that left nearly 60 people dead. Including those numbers — as the F.B.I. did in 2017 — would increase the drop in murder in the sample of cities by about a percentage point.
It’s usually better to take a longer view in assessing murder trends. Far fewer people are murdered each year in the United States relative to the 1980s and 1990s. The country is moving toward the largest national drop in murder since a 3.6 percent decline in 2013.
If murder falls about 4.5 percent nationally this year, the murder rate of about 5 per 100,000 will roughly be in line with 2009’s rate and half of what it was in 1980, the highest U.S. murder rate on record. The accompanying chart shows what the national murder rate since 1960 would look like with a 4.5 percent drop in 2018. [MORE]
According to FUNKTIONARY:
Statism - the belief "citizens"' and "states" exist and the memetic thought patterns supporting such beliefs. 2) the religion of oppression and domination coupled with the science of exploitation and sociopathic control. 3) the opiate of the so-called Elites. 4) a philosophy that idealizes majority rule gang force (authority) over individual authenticity (autonomy). 5) servitude over liberty and statutes over humanity. So long as "states"' are viewed and accepted as natural, normal, reality-based and inevitable, they will continue to violently abstract humans into extinction. Statism is mind control; people both unwillingly and willingly surrender their property (labor being one's most inviolable property) to men and women pretending to be "governors,"" "commissioners," and "presidents" etc. because they believe they are "citizens" of a so-called "state" and must pay their proverbial "fair share" to support such abstractions or fictions of law. Just using statism against itself proves bureaucrats never have a case regardless of what they "charge" someone with. "Statism and it's supporting political theology do not exist in people's minds to promote freedom or protect 'Life, Liberty, and the Pursuit of Happiness:" it's pure mind control to divert our attention away from the actions of anti-social individuals (sociopaths) who are so desperate to "protect" us they are willing to kill us and steal our property." -Marc Stevens. (See: DOME. Beliefs, Landmine Legislation, Scrapitalism, Standing, Subject Matter Jurisdiction. Judicial Victimization, States. Holodeck Court, Allegiance. Anarchy, Society, Civilization, Citizens, Monopoly Capitalism The Golem, Government Paradox, Granfalloons, Corporate State. Government, Servitude. Stalinize, Property, Standing & Monopoly).
FUCK A WIN II. From [HERE] If you wanted final proof that Colin Kaepernick is not going to get another shot in the NFL, the Redskins probably just gave it to you. Despite sitting at 6-6 and grasping for air as they sink into the deep end of the playoff race after losing their second quarterback to a broken leg, the Redskins are not interested in signing the former standout quarterback.
Washington is in dire straights right now, having lost first Alex Smith to a broken leg and then Colt McCoy -- also to a broken leg -- on Monday night. The result is starting Mark Sanchez, who looked OK (kind of?) against the Eagles despite signing with the Redskins just a few days prior.
Asked about Kaepernick, Gruden said the team talked about him but is going in a "different direction."
49ers cornerback Richard Sherman said, “There’s not enough public pressure. There’s nothing that’s going to force a team to [sign him], like Washington who’s in the playoff hunt,” said Sherman, who played for the NFC West rival Seattle Seahawks during Kaepernick’s six seasons in San Francisco. “At first, it was like, ‘Colin Kaepernick’s stats weren’t good enough,’ or, ‘He stopped playing at a high level.’ And then you see some of the quarterbacks that they picked up and you’re like, well, if you’re picking up Mark Sanchez, he’s had some up and down years. Colt McCoy’s the same way. They’ve had up and down years, and Colin has played at a higher level than I would say any of those guys ever performed at the peak of their careers.
“You start to see stuff like that, and it’s almost like teams are purposely making it obvious that they’re freezing him out,” Sherman said. “Unfortunately there has, to this point, been nothing that the courts or the league has done about it, and that’s the disappointing part, because he’s a good football player. He didn’t commit a crime. He didn’t put his hands on anybody, murder anybody, you know, do anything that’s that insanely crazy that he deserves to be banned from our football league.” [MORE]
Kaepernick has led the 49ers to a Super Bowl and two NFC championship games and he threw 16 touchdown passes with four interceptions for them in the last season he played. [MORE]
CBS Sports said “So people want to know why Washington, a team on the verge of making the playoffs, wouldn't exercise every possible opportunity to sign a quarterback who could potentially help them when they're willing to claim a guy who won't be able to help them (he can't play right now) with possible legal charges pending. It's a fair question. People want answers. [MORE]
Like so many other teams the Redskins also passed over Kaepernick - b/c winning is not everything in the NFL. It is secondary to the system of racism/white supremacy, a global, white over Black system of vast unequal conditions & unequal power that functions in all areas of people activity, including sports & entertainment. Racism is not merely a pattern of individual and/or institutional practice; it is a universal operating "system" of white supremacy and domination in which the majority of the world's white people participate. [MORE]
Racism White Supremacy - psychopathic degeneracy. 2) "The local and global power system and dynamic, structured and maintained by persons who classify themselves as white, whether consciously or subconsciously determined, which consists of patterns of perception, logic, symbol formation, thought, speech, action and emotional response, as conducted simultaneously in all areas of people activity (economics, education, entertainment, labour, law, politics, religion, sex and war); for the ultimate purpose of white genetic survival and to prevent white genetic annihilation on planet earth—a planet upon which the vast majority of people are classified as non-white (Black, Brown, Red and Yellow) by white skinned people, and all of the nonwhite people are genetically dominant (in terms of skin coloration) compared to the genetic recessive white skin people." -Dr. Francis Cress Welsing, MD. Hate and oppression can never reign. Only love is supreme.
People who classify themselves as White, who wish to be taken seriously, and who are righteous and responsible, will only talk about ending White Supremacy (Racism) and replacing it with Justice. [MORE]
The drone fleet will be used for “searches and rescues, car crash investigations, crime scene documentation, evidence searches at hard-to-access locales, hazardous materials calls, monitoring crowds at large events, hostage and barricaded-suspect incidents, and other emergency situations” the NYPD chief approves.
But the unmanned aerial vehicles to be placed in the hands of the NYPD, are stoking serious concerns about unregulated surveillance among civil libertarians and progressives. The nation’s largest police department—sued in 2012 for illegally spying on New York City Muslims—attempted to quell down fears by insisting that the drones will not be used for unlawful surveillance.
“Let me be clear,” chief of department Terence Monahan told reporters, “NYPD drones will not be used for warrantless surveillances.”
But civil libertarians are not buying it.
“The NYPD’s drone policy places no meaningful restrictions on police deployment of drones in New York City and opens the door to the police department building a permanent archive of drone footage of political activity and intimate private behaviour visible only from the sky,” Christopher Dunn, New York Civil Liberties Union associate legal director, said in a statement.
The American Civil Liberties Union and other anti-surveillance groups have long warned that drones could easily be, and have been, used by law enforcement to track activists—often those who are critical of City Hall and the police—and used for unintended or nefarious means.
“We believe the new policy falls far short of what is needed to balance the department’s legitimate law-enforcement needs against the privacy interests of New Yorkers,” Mr Dunn said.
The Legal Aid Society of New York also chimed in and stated that the drone fleet would only increase the NYPD’s “unregulated arsenal of surveillance tools.”
The privacy concerns brought forward are not unwarranted.
Since 2002, the NYPD’s Intelligence Division engaged in wide-sweeping religious profiling and warrantless surveillance of Muslims in New York City and to the neighbouring states of Pennsylvania, Connecticut, New Jersey and more.
The Intelligence Division targeted a whole range of Muslim individuals and entities with invasive surveillance: religious leaders, community organisers, mosques, student associations, businesses, nonprofit organisations, and other individuals.
Recently, in April 2017, several NYPD officers posed as Black Lives Matter activists to spy on them during the escalating anti-police brutality protests in 2014 and 2015, following the cop-involved killings of 18-year-old Michael Brown and 25-year-old Freddie Gray.
The undercover policemen were able to successfully obtain emails and text messages exchanged between organisers, once again sparking concerns over NYPD’s targeting and surveillance of activists and marginalised communities.
Terry Whitehead, a 19-year-old then-inmate at the Louisville jail, was seated in a jail cell on April 15 explaining to officers why they found toilet paper covering his cell window during routine security checks.
“Whitehead, what are you doing, man?” says an unidentified officer wearing the body camera. “I ain’t never had a problem out of you. Why you gotta spit on us? Sergeants come around. You know how this is.”
Whitehead tells the officers he was using the toilet.
Officer David Schwartz [in photo], who stands inches from the inmate, pulls back his right hand as if to strike him. Whitehead recoils, lowering his torso.
“I do not give you problems like that, Schwartz bro,” he tells the officer.
Schwartz then punches a seated, cuffed Whitehead in the face.
He walks out of the cell, eventually slamming the metal cell door into the wall twice before walking down the hall.
The incident led to the firing of Schwartz, 47, who at the time was a probationary officer. In his termination letter, corrections Director Mark Bolton wrote the former Marine didn’t have the temperament for the job, and noted there was property damage from his “fit of rage.”
A second probationary officer, Devan Edwards, 21, was also fired by Bolton. His firing letter noted he failed to report the incident and also cited earlier “unprofessional actions” on social media as reasons for his termination.
Both were hired as recruits in September 2017.
Whitehead has filed suit against the two fired officers in U.S. District Court in Louisville claiming excessive force, assault and battery.
He was pepper sprayed, handcuffed and badly beaten, according to the suit, which seeks monetary damages for medical bills and pain and suffering, punitive damages, and a jury trial.
The suit claims Edwards had allowed Whitehead to put the tissue paper over an opening in his cell door for privacy when using the bathroom.
And though Schwartz did order Whitehead to take the paper down, Whitehead was using the bathroom and not able to reach the paper, according to the suit.
The officers and Whitehead got into a verbal argument and “minor scuffle,” leading an officer to use pepper spray. The officers cuffed Whitehead, hit him, then moved him to a different area and continued to hit him, according to the suit.
Both defendants have denied the allegations in the lawsuit.
Whitehead had contusions, swelling and he blacked out because of the assault, according to the lawsuit.
He was taken to University of Louisville Hospital on April 25, more than a week after the incident seen in the video, after he lost consciousness in custody, the suit alleges.
Metro Corrections said at the time that Whitehead was cleared by the department’s medical staff and didn’t appear to have any serious injuries.
The two officers were fired on April 24, after Bolton reviewed the body camera footage and found they had violated the department’s use of force policy.
“What I saw on that video is disturbing and is not reflective of what we expect from our staff,” Bolton said at the time.
Steve Durham, assistant director of Metro Corrections, said in an interview that Edwards was fired because he failed to report the use of force and didn’t seek medical attention for the inmate.
According to documents filed in the pending civil lawsuit, there is an ongoing FBI investigation of the assault captured on the video.
From [HERE] The city of Oakland will pay a teenage girl and her family $60,000 following an allegation that an officer punched the girl in the face in an excessive use of force.
City Attorney Barbara Parker recommended the City Council approve the settlement at a Dec. 11 meeting “in order to avoid the risk of an adverse jury verdict under the circumstances.”
The payout stems from a Nov. 16, 2016 incident, when police were investigating a shooting at a residence on E Street in East Oakland, according to court records. Miesha Singleton arrived at the home with her 14-year-old daughter as officers were responding, and the mother told officers that her husband and son were inside the residence. Singleton went inside the home despite the police officers’ warnings, city attorneys said.
Meanwhile, a female officer allowed the girl to stay in her mother’s car to care for her infant brother, the girl’s attorneys wrote in court records.
During this time, Officer Anthony Martinelli confronted the girl and demanded she exit the car, according to the family’s attorney. The girl explained that she was in the middle of feeding her brother and it was cold outside, but Martinelli “forcefully yanked” her out of the car and another officer handcuffed her.
As the girl questioned the officer’s actions, “Martinelli brutally punched (the girl) in the face,” her attorneys said.
In December 2017, civil rights attorney John Burris filed a federal suit against Martinelli and the city of Oakland, alleging unlawful seizure, excessive force and other constitutional violations.
Martinelli denied the allegations through court records, saying the girl “did not exercise ordinary care, caution, or prudence to avoid the alleged event.” In a later court document, the city acknowledged that the officer struck the girl but alleged she refused to comply with his orders.
City attorneys wrote that Officer Martinelli tried to pull the girl out of the car but she “physically resisted,” leading him to strike the 14-year-old “with an open hand to distract and detain” her.
Martinelli, who graduated from the police academy in 2013, was involved in another controversial incident in 2014 when he detained an off-duty Black firefighter and his 9 and 11 year old sons at a fire station at gun point that had been accidentally left unlocked. A complaint filed said that the incident terrorized/niggerized the Black man and his sons but after Oakland PD reviewed itself it found that the officer acted within their policy. [MORE]
The City Council’s Dec. 11 vote is mostly a formality. The council authorized a settlement in the case during closed session in September.
Burris said the ordeal was a “horrible experience for the kid. We’re glad to be able to bring some closure.”
The attorney added that the city acted responsibly by settling the case. Of the $60,000, Burris said, $45,000 will be awarded directly and $15,000 will be set aside for any future therapy expenses or schooling for the girl.
Oakland police and city attorneys did not immediately respond to requests for comment.
From [HERE] and [HERE] A Union County woman who says she was brutally assaulted, falsely arrested and maliciously prosecuted for calling 911 to report that she didn’t feel safe alone with the trooper during a traffic stop in Bridgewater in 2016 has filed a federal lawsuit against the New Jersey State Police.
According to a federal civil lawsuit filed in New Jersey’s district court, Krya Harrison said her “false arrest and malicious prosecution” was a coverup for what really happened during the traffic stop on I-287. She said she was yelled at, dragged from her car to the police cruiser and her head slammed into the concrete.
Troopers and State Police officials were served last week with the suit, which outlined 14 allegations. including unreasonable and excessive force used by troopers and racial discrimination. Harrison describes herself in the lawsuit as an African-American woman living in Union County,
State Police Superintendent Joseph Fuentes, troopers Rafael R. Castro, Nicholas R. Decesare, Jonathan Lopuski, Dana A. Wilcomes, Jeffrey Almeida, and other unnamed troopers are defendants in the lawsuit. A State Police spokesman declined to comment on current litigation.
A timeline of events spread out over two years is included in the suit, and explains how Harrison was indicted twice for calling 911 without a purpose.
A judge dismissed the criminal indictment against Harrison the first time once Harrison’s attorney noted in a motion the state failed to present the troopers the MVR and 911 calls to the jury. However, state indicted her again. This time, a jury acquitted her in September of the same charge involving the 911 call. However, they did find her guilty of a single disorderly person charge and fined her $1,000.
Back in November 2016, Trooper Castro pulled Harrison over as she was driving south on I-287. Castro told her he pulled her over because she passed him on the right shoulder and because he didn’t like the way she was wearing her seatbelt, according to the lawsuit.
During the stop, Harrison called 911 to request a sergeant come to the scene because, she said, she was alarmed by Castro’s demeanor and his failure to stop other cars that had also passed his car on the right. Audio recordings from the 911 call revealed Harrison did request a sergeant, and Castro can be heard telling her that she did not need to call his sergeant.
On Castro’s mobile video recorder, Harrison can be heard saying “I’m scared,” “I’m extremely scared,” and “I’m calling for help because I’m scared.”
Harrison said she got out her license, registration and insurance card but Castro would not take them and then said he was arresting her for not providing those same documents.
Next, the woman said the trooper dragged her from her car, dropped her to the ground and slammed her head into the concrete, stuck his knee in her back, handcuffed her and dragged her across the ground to his patrol cruiser.
Harrison was sitting in the back of the patrol car crying when Castro yanked her arm, told her to “shut the fu-- up" and pushed her head to the floor, according to the lawsuit.
During the violent encounter, Harrison can be heard on the radio transmission screaming asking for help, saying she was dizzy and could not breathe.
Next, other state troopers including Decesare, Lopuski, Wilcomes and Almeida arrived on the scene. Initially, Castro said Harrison refused treatment but troopers did take her to the local hospital where she was examined for a head injury then she was released back into state police custody.
After processing and fingerprinting, Trooper Wilcomes dropped Harrison off at the Bridgewater Mall, and, according to the suit, handed her her license, registration and insurance card along with more than 13 summons issued by Castro, including tickets for failure to possess a driver’s license or registration, maintenance of lamps, failure to wear equipment/seatbelt, improper passing and failure to keep right.
Two days later, Harrison went back to the doctor with neck and upper body pain, and was diagnosed with thoracic spine fracture, left shoulder sprain/strain and neck sprain/strain, according to the lawsuit.