Showing posts with label Police Militarization. Show all posts
Showing posts with label Police Militarization. Show all posts

Monday, October 19, 2009

How "Justice" Operates Under A Criminal Regime


















Thieves for their robbery have authority when judges steal themselves. --

Shakespeare, Measure for Measure, Act II, scene 2



It's time to play that time-honored children's game, "One of These Things is Not Like the Others." In this case we're going to examine three case histories of people accused of a supposed offense called "tax evasion."

"It's all in the wrist": Treasury Secretary and Goldman-Sachs bagman Timothy Geithner demonstrates his technique for picking the taxpayer's pocket.



Our first example involves Mr. Timothy Geithner,
who refused to pay Medicare and Social Security taxes for several years -- despite the fact that his employer would have reimbursed him for the tax expenditures. A 2006 audit revealed other irregularities in Mr. Geithner's tax history, including dubious dependent-child deductions.



Despite these, ah, irregularities, Geithner was confirmed by the Senate as the Secretary of the U.S. Treasury, which collects tax revenues for -- among other things -- redistribution to Geithner's colleagues and former co-workers on Wall Street.



Sure, tax revenues are spent on other purposes, such as interest payments on the federal debt and killing harmless foreigners. But since the Congress made the Treasury Secretary the de facto economic dictator a year ago, servicing politically connected Wall Street criminals has become that department's primary mission, one that has devoured
trillions of dollars in wealth.


*Burp* Taxes are for other people: Tax-feeder Charles Rangel briefly lifts his snout from the congressional trough to pose for a photo.


Next, we turn to the case of Mr. Charles Rangel, a resident of New York, who refused to pay taxes on $75,000 in rental income from properties he owns in the Caribbean.



Rangel's first impulse was to share -- no, to give outright -- most of the blame for his tax evasion to his wife, Alma, who manages the family finances.


With equal generosity he tried to cut in the Spanish-speaking tenants of the property for a slice of the blame as well: "Every time I thought I was getting somewhere, they'd start speaking Spanish," he insisted.




Rangel's problems continued to accumulate when it was pointed out that
his tax evasion was undertaken in order to facilitate other forms of fraud: He couldn't accurately report his Caribbean income and qualify for "hardship"-case rent controls on properties he maintained in New York City, or the special "homestead" tax exemption he claimed on his property in Washington, D.C.



Despite those infractions, and others involving congressional financial disclosure rules, Rangel has retained his job as
a New York Congressman and, more importantly, chairman of the House Ways and Means Committee, which is where tax laws that govern other people are written.



The third case we'll examine is that of New Hampshire residents Ed and Elaine Brown. Convicted of "tax evasion" and "resisting arrest,"
Mrs. Brown, 68, has been sentenced to thirtyfive years in federal prison -- an effective life sentence.


Her husband's sentencing has been deferred until he has undergone a "psychiatric evaluation": As was the case with political prisoners in the former Soviet Union, Mr. Brown is suspected by state authorities of being clinically deranged because of his eccentric political views. Chances are pretty good that if he avoids prison, Ed Brown may be institutionalized for the rest of his life.




Obviously, the case of Ed and Elaine Brown is different from those of Geithner and Rangel, since they're not part of that sanctified stratum of society entitled to live at the expense of the rest of us. They, like most of us, belong to that class of people whom the law fails to protect, rather than the class that the law fails to restrain.



Unlike Timothy Geithner, the Browns aren't involved in stealing huge sums of money. Unlike Charlie Rangel, they're not involving in imposing "laws" that justify the pilferage of privately earned wealth.



The Browns stole from nobody, inflicted no harm on anybody, and spent most of their lives (with the exception of one matter discussed below) providing honest services to other people in mutually beneficial transactions. None of this is true of the likes of Geithner and Rangel, for whom plunder has proven to be a lucrative and respectable career.




Like Geithner and Rangel, Ed Brown --
as a very young man -- once tried to enrich himself through theft, only to be caught, tried, and imprisoned for that crime. In 1976, Brown was given an unqualified pardon for that crime, which he committed as an 18-year-old. He then built a business as an exterminator.



For her part, Elaine built a large and successful practice as a dentist. Neither one of them lived at the expense of other people; they were producers, not parasites.
In 1996, the Browns decided that they wouldn't permit the likes of Geithner and Rangel to continue stealing from them in order to enrich political favored cronies and constituents. So, like Geithner and Rangel, the Browns stopped paying their taxes.

Armed robbery: "Law enforcement" agents steal Elaine Brown's dental practice, June 7, 2007.


In January 2007, the Browns were "convicted" of the supposed crime of tax evasion and invited to turn themselves in for imprisonment. They impudently scorned that generous invitation, choosing instead to barricade themselves inside the home the Feds planned to steal from them and letting it be known that they would use lethal force to defend themselves against any federal aggression.


The Browns' Plainfield, New Hampshire home -- invariably referred to as a "compound," the preferred description of any dwelling in which live people the government intends to kill -- was surrounded by paramilitary troops from the U.S. Marshals Service.


In short order the home also became a focal point for armed private citizens who intended to support the Browns in the event of an armed assault and, more importantly, to be on-scene witnesses to help deter any potentially murderous aggression by the Feds.



While the Browns were occupied at their home, a
small army of heavily armed federal agents seized Elaine Brown's dental office -- an act of felonious armed robbery. Unfortunately -- albeit predictably -- the throng of Brown supporters was seeded with paid federal informants, two of whom, posing as supporters, gained access to the home and arrested the middle-aged couple without incident.


Put on trial for
eleven felony weapons and "conspiracy" charges, the Browns were found "guilty." That is to say, the court demonstrated that the Browns threatened to use the same means to defend their lives and property that were to be employed by those seeking to deprive them of the same.


The Browns had assembled an enviable arsenal of firearms, ammunition, bullet-resistant clothing, and homemade explosives (or, as the federal prosecution insisted on describing the pipe bombs, "improvised explosive devices" -- a term intended to evoke the image of "terrorists" detonating hidden weapons while fighting U.S. troops in Iraq).




Assistant U.S. Attorney Arnold Huftalen, who presided over the prosecution, initially sought a prison sentence of up to 44 years for the Browns. Holding aloft one of Elaine's handguns, Huftalen simpered that "This was not a small, dainty, self-defense handgun," describing it instead as a heavy weapon "designed to kill 17 people without reloading."



Given the indignation with which Huftalen invested every lisping syllable of his presentation, one might think that the weapons possessed by the armed federal agents surrounding the Brown home were designed to tickle people. But Huftalen, as a servant of a criminal regime, assumes that only the state has the right to use or threaten lethal force, and that
its victims commit some variety of terrorism when they arm themselves with implements of self-defense more effective than Q-tips or Nerf balls.



"Mr. and Mrs. Brown did not engage in a principled dissent against laws they felt to be unjust," pronounced federal Judge George Singal as he imposed the sentence. "Let us not be fooled. The conduct engaged in by Mrs. Brown was purely criminal."



To be "criminal," conduct has to inflict demonstrable harm against an identifiable victim.
Neither Huftalen nor Singal can describe a single instance of palpable harm that resulted from the refusal of the Browns to pay income taxes, or from their acquisition of the means to defend themselves and their home from the criminal syndicate bent on stealing their property
and, if necessary, murdering them.


Even if we were to accept the premise that tax "evaders" injure the "public good" by withholding their wealth from the public fisc, how can it possibly be a greater crime for the Browns to deprive the Feds of a couple of hundred thousand dollars, while the unpunished tax "evader" Timothy Geithner shovels out hundreds of billions of dollars to con artists on Wall Street?


Yes, the Browns threatened to shoot or otherwise kill anybody who tried to harm them. This, coupled with the presence of a large number of witnesses, is probably the only thing that saved their lives.


Thus it is of some interest that Huftalen (as
reported by the Nashua Telegraph) chose to seek a life sentence for Elaine Brown -- despite the fact that she had never harmed a living soul, and despite the fact that there was no physical evidence linking her to the explosives in the Brown household -- "in order to deter Brown supporters [and, presumably, other Americans] from engaging in similar conduct."


It's worth remembering that tax evasion, far from being a crime of any sort, is among our nation's oldest and most sacred political traditions. The War for American independence from Great Britain was carried out by people who engaged in exactly the same kind of "criminal" conduct for which Elaine Brown will spend the rest of her life in prison, and for which her husband may end his days in the American equivalent of the Soviet psihuska.


Sure, the government ruling us -- the same one that not only countenances, but promotes, the monumental criminality of Geithner, Rangel, and their ilk -- calls tax evasion a "crime" when it is carried out by people outside of the privileged caste.


Real crimes involve some variety of force and fraud to deprive someone of something to which he is entitled. Nobody is entitled to take the property of another through taxation, even if such pilferage is "authorized" by a majority of 300,000,000 to 1. The course pursued by Ed and Elaine Brown may have been unwise, but it neither picked my pocket nor broke my leg.


Pocket-picking and leg-breaking are the veritable job descriptions of those who seized the Browns' property, kidnapped them, and are preparing to detain them for the rest of their lives. This is how "justice" operates under the Robber State that afflicts us.

Source: Pro Libertate
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Thursday, August 13, 2009

Tasers and Torture



Like Glenn, I write a lot about civil liberties, which have been at the heart of the national conversation since the beginning of the War On Terror and the expansion of the national security state. But my interest in civil liberties predates 9/11 and until then was usually pointed at the far more prosaic issues of police and prosecutorial misconduct (and the inevitable conclusions any study of those things brings to the issue of the death penalty). Nowadays, the theme of civil liberties seem to be a sub-plot to a James Bond flick rather than "To Kill A Mockingbird." And yet, I think the two are intertwined much more closely that we think. In our apparent acceptance of torture as a legal method of interrogation, the bar of civilized official behavior has been lowered to the point where we are accepting torture in everyday life as if it's nothing. Indeed, we are using it as a form of entertainment.

I'm speaking of the ever more common use of the Taser, an electrical device used by police and other authorities to drop its victims to the ground and coerce instant compliance. The videos of various incidents make the rounds on the internet and you can see by the comments at the YouTube site that a large number of Americans find tasering to be a sort of slapstick comedy, the equivalent of someone slipping on a banana peel, with a touch of that authoritarian cruelty that always seems to amuse a certain kind of person. "Don't tase me bro" is a national catch phrase.

Tasers aren't benign however. They kill people. Nobody knows exactly why some people die from being tasered, and they certainly don't know how to tell in advance which ones are at risk. But there have been hundreds of deaths similar to the one below, which nobody can adequately explain:

A Detroit teenager who police say fled a traffic stop Friday died after being subdued with a Taser. He is the second Michigan teen to die following a Taser stun in less than a month. Warren Police say they don't know why the 15-year-old bailed out of a Dodge Stratus he was riding in during the stop on Eight Mile near Schoenherr, leading officers on a half-block chase that ended in an abandoned house on Pelkey in Detroit. The car was stopped for having an expired license plate. In the scuffle, officers shocked the teen one time with a Taser, police said. Shortly after, he became unresponsive and died.

Taser International has successfully defended themselves in lawsuits by attributing the deaths to drug use and if that doesn't work do to the fact that drugs were not present in the victim, they rely on an unrecognized medical condition called "excited delirium", a disease that only afflicts people who die in police custody. Juries apparently find this convincing. Taser has only lost one case.

But that isn't the real problem, although it may eventually be the path by which tasers are banned for use in civilized countries. As awful as the possibility of death is, tasers would be a blight on any free people even if they weren't so often deadly. Tasers were sold to the public as a tool for law enforcement to be used in lieu of deadly force. Presumably, this means situations in which officers would have previously had to use their firearms. It's hard to argue with that, and I can't think of a single civil libertarian who would say that this would be a truly civilized advance in policing. Nobody wants to see more death and if police have a weapon they can employ instead of a gun, in self defense or to stop someone from hurting others, I think we all can agree that's a good thing.

But that's not what's happening. Tasers are routinely used by police to torture innocent people who have not broken any law and whose only crime is being disrespectful toward their authority or failing to understand their "orders." There is ample evidence that police often take no more than 30 seconds to talk to citizens before employing the taser, they use them while people are already handcuffed and thus present no danger, and are used often against the mentally ill and handicapped. It is becoming a barbaric tool of authoritarian, social control.

Last week there were three taser episodes that made the rounds on the internet. (There may have been more, but these were the three most discussed.) The first was of a drunken, belligerent man at a baseball game who after 41 seconds of discussion was tasered while sitting in his seat. Indeed, the video shows that the taser threw him down onto the cement steps where he rolled down several. Since this scene must have happened literally thousands of times over the years, you have to wonder what they must have done in the past. Somehow I doubt they pulled out a gun and shot them.

The second incident was this sad tale of a man who allegedly refused to come out of a store restroom. Police blew pepper spray under the door, kicked it open and instantly tasered the man. It was only afterward that they discovered he was deaf. Police tried to book the man anyway, but the magistrate refused to accept the charges.

It was the third incident, however, that should get civil libertarians' serious attention. It featured an Idaho man on a bicycle who happened to ride past a police stop in progress on the side of the road. He had nothing to do with the stop, but was pulled over by the police and told to produce his ID. He said, correctly, that he had no legal obligation to produce ID and the police insisted he must. The situation escalated and he demanded that they call a supervisor to the scene when the police said they were going to arrest him. He ended up being tasered seven times -- you can hear him moaning in pain on the tape at the end. (In an especially creepy moment, the police try to confiscate the tape of the incident.)

Now, many people will say that he should have just showed his ID, that it's stupid to confront police, that like Henry Louis Gates you get what you deserve if you mouth off to the cops. And on a pragmatic level this is certainly true (although I would reiterate what I wrote here about a free people not being required to view the police in the same way they view a criminal street gang, which is to say in fear.) But the fact remains that there is no law against riding a bicycle without ID, and there is no law against mouthing off to the police. Certainly, there can be no rationale behind using a weapon designed to replace deadly force seven times against someone under these circumstances.

These are just three incidents that happened last week. There's nothing special about them. They happen every day. Even this horrific scene, which is so shockingly authoritarian (excuse the pun) that it makes you feel sick, is not unusual:

A former Southern Virginia University and Brigham Young University adjunct professor of political philosophy and jurisprudence, Dr. Lowery entered the Utah Third District courtroom alone on November 22, 2004, to make oral argument before Judge Anthony Quinn. Two Salt Lake County Deputy Sheriffs sat at the back of the courtroom, one on each side of the door. Other deputies were in the foyer of the courtroom. No members of the public were present.

Dr. Lowery suffered from major depression, bipolar disorder, paranoia disorder, delusional disorder, and psychotic disorder. Judge Quinn granted one of Dr. Lowery's motions made under the Americans with Disabilities Act, Title II, which allowed for reasonable modifications of court rules, policies, or practices in order to accommodate Dr. Lowery's multiple mental disabilities.

Near the end of his oral argument, the traumatic content of the argument moved Dr. Lowery into moderate mania, and he characterized a previous crabbed ruling by Quinn as "bullshit."

Impatient for the speech to end, Judge Quinn took that as an opportunity to order the bailiffs to take the professor into custody and cool him off.

The plaintiff's state of agitation was caused by his mental disabilities. The deputy sheriffs' approach only caused the situation to escalate. As five or more Salt Lake County deputy sheriffs/bailiffs seized Lowery from behind, he shouted, "I am cooled off; I deserve to be heard. I deserve to be heard, your Honor, and you are violating my access to due process at this very moment. I am not violent and --"

Judge Quinn interrupted him with ordering the bailiffs to take Dr. Lowery to a holding cell. A split second later -- unclear whether following the judge's orders or acting on his own accord, a bailiff sent 50,000 volts of incapacitating electricity into the lower back of the unsuspecting professor. As the courtroom video shows, nothing in Dr. Lowery's behavior suggests that the bailiffs had any reasonable motive to believe they or the judge were in physical danger.

Yet the taser gun fired more than once.

The repeated electric shocks blew Dr. Lowery over the podium, and he landed face down on the floor, with two bailiffs on his back. The electric blasts caused Dr. Lowery's bowels to empty twice. He screamed, "Help me!" while he complied with a bailiff's order to stay on his belly, neither capable nor willing to offer resistance. Then, suddenly, he went unconscious.

Remembering they were still on camera, the bailiffs shouted at Dr. Lowery to not resist again (though his resistance was only instinctive) and threatened him with more electrocution. When they realized that he could no longer hear them, they dragged the man across the floor, put him in a chair, and massaged his heart. One bailiff called for paramedics. [...]

Since no one but the victim and the abusers were in the courtroom, this crime remained unknown to the public until recently.

(Read on if you can stomach it.)

Here's the Youtube of the event. You can see for yourself if there was justification for the reaction of the judge or the police.

Representatives of the government torture innocent citizens into unconsciousness, on camera, in United States courtrooms with tasers. They use them on prisoners and on motorists and on political protesters and bicycle riders, on mentally ill and handicapped people and on children And it's happening with nary a peep of protest.

America's torture problem is much bigger than Gitmo or the CIA or the waterboarding of Khalid Sheikh Mohammed. The government is torturing people every day and killing some of them. Then videos of the torture wind up on Youtube where sadists laugh and jeer at the victims. It's the sign of profound cultural illness.

Source: Salon

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Wednesday, July 15, 2009

The Surveillance State Threatens All of Us


When you hear the word "security" or "safety" watch out. They are the two buzz words that are most often used by the government, whether federal or local, to fearmonger. Fear can be used to drive bad policies that otherwise would be rejected. It has consequences, internationally, nationally, and locally. Around the world Americans fight wars because they are afraid that if they do not do so they will be attacked by terrorists. Nationally, the Department of Homeland Security grows and grows, compiling extensive data bases on citizens who have done no wrong. Locally, police forces grow larger and larger in spite of falling crime rates. What is certain about the consequence of fear is that those who sell it to increase government powers do so in the full knowledge that it will cost lots of taxpayer money and will also wind up infringing on civil liberties. Make no mistake, the post 9/11 United States is moving gradually towards becoming a police state-lite and no one seems to care very much. But don't worry, it is all happening to make you more safe and secure.

The creep of government and the march of surveillance technology go hand in hand. In Maryland and other states, the push to use ostensibly innocuous technology to enable police to monitor the public has accelerated. There has been some debate in the Washington area about the increasing use of speed cameras, but those who are opposed are usually silenced by the "safety" argument. It is reported that Montgomery County in Maryland has deployed hundreds of cameras and is raking in $53,000 a day in fines. The cameras are sited on busy roads and record the license plates of vehicles going a pre-set speed over the posted limit. Many are located where the speed limit drops, making them electronic speed traps. The fine is mailed to the owner of the car automatically and there is no appeal and no way to determine if the camera was malfunctioning. If the fine is not paid, penalties are added on to it and the offending vehicle has its re-registration blocked.

Governments use "safer" to justify anything and have done so in the past to curtail constitutional rights through abominations like the Patriot Acts and the Military Commissions Act. Burgeoning technologies like speed cameras raise serious personal liberties issue that no one is choosing to address. Why should the government have the ability to monitor the movements of a vehicle belonging to a citizen under any circumstances? Does anyone know for sure that the speed cameras are not sending their information to some data base at the Department of Homeland Security? Maybe they already are. It is difficult to know as there is no real oversight to the process and it is easy to connect data bases. If the cameras are not being multi-tasked yet just wait until someone figures out what a wealth of information they might be collecting. And when they begin recording information on law abiding citizens the government will claim that it is for everyone's safety and security.

Those who might argue that collecting traffic data electronically is not threatening might want to consider that information only has meaning when someone figures out how to use it. The employment of apparently innocuous data bases to police the public has been around for a while. Shortly after 9/11, CIA was sending officers all over the world, many traveling on authentic US passports issued in false names. An officer I know who was returning from Asia presented his passport to the immigration officer at Dulles Airport. The airport flipped through it, slid it through a scanner, punched a couple of numbers and then asked "What kind of car do you own?" All of the fake passports apparently had some linked data bases that were provided to make them appear more authentic, which is referred to as backstopping. In this case, the immigration officer was able to pull up additional information from state of Virginia records relating to the traveling officer who, unaware of the DMV link, was arrested, and spent a few uncomfortable hours in the slammer before being bailed by CIA security. That was in 2002. The all-information all-the-time security state has been much empowered and improved since then and it is to be presumed that there now exists an electronic data base on every citizen.

Local governments have an interest in developing ingenious ways to fine the citizenry to raise money but the more important issue is the government's willingness and ability to electronically monitor people's lives. The National Security Agency already has the technical capability to monitor all telephone calls taking place within the United States in real time. To judge how close we Americans are to complete surveillance it is helpful to look at the example of Europe, where state intrusion has been a fact of life for many years. The United Kingdom, which is now the most constantly and thoroughly technically surveilled country on earth, provides some hint of what the United States might become in a few years. The British government routinely monitors telephone calls and e-mail messages. Cameras provide continuous coverage of the centers of most cities and there is monitoring of all major roads and bridges by CCTV linked to monitors.

To cite only one example, back in March the British media was reporting the disappearance of Claudia Lawrence. Lawrence was working as a chef at a university in York when she disappeared. A BBC report included the following: "It was initially thought Miss Lawrence had disappeared after setting off on the three-mile walk from her home to work the following morning. But she does not appear on any CCTV footage from her normal route."

On the basis of the CCTV, the police ruled out her having walked to work, which means that they were able to reconstruct a three mile route through the city with reasonable assurance that they had not missed Lawrence on the CCTV footage. That the police would be able to do that and no one bats an eyelash for privacy reasons is astonishing, a level of government surveillance that is several generations beyond speed cameras. It is reminiscent of Winston Smith in 1984 whose television was watching him while he was doing exercises in front of it. Maybe George Orwell knew what was coming.

And then there is the real ID. Janice Napolitano, Director of Homeland Security, has backed off from the real ID concept that would have united all relevant data bases on the federal, state, and local levels to create an identity card that would be required for all US citizens and resident aliens. Reportedly, a number of states balked at the expense of integrating their data bases, but there is a fundamental civil liberties issue that is much more important. A huge data base on all citizens incorporating detailed personal information is a formula for control by the state that essentially renders null and void the US constitution. Can Napolitano make a case that the creation of the real ID will end terrorist threats? Of course not. The sponsors of Real ID might be well intentioned and honorable, but they should understand that in the wrong hands electronic invasion of privacy can become another tool taking away individual rights and liberties and transferring control to the government. No one really knows whether a national ID it would really make anyone safer or more secure. Many European countries already have identity documents that are similar to the proposed real ID, yet they have suffered from terrorist attacks and continue to have thousands of illegal immigrants.

The creep towards the technological control of the entire US population continues. It is particularly dangerous because it is largely unregulated, free of any judicial process. There is no sign that the Obama Administration will do anything to stop the development of new technologies and policing imperatives because more government in everyone's lives is really what the Democratic Party is all about. When government officials start talking about everyone's safety the people should be aware that those promises are essentially empty and that exchanging liberty for the promise of security will eventually lead to the loss of both.

Source: Campaign For Liberty
The Surveillance State Threatens All of Us

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Monday, June 29, 2009

MPs condemn G20 police demo tactics


MPs have warned Britain's police chiefs that they must rethink the controversial tactic of "kettling" participants of mass demonstrations.

Members of Parliament's home affairs committee said that it was not acceptable to impose a blanket ban on movement and that peaceful protesters should be allowed to leave.

The findings were contained in a report published by the committee into the G20 protests in the City of London.

More than 35,000 people took to the streets as world leaders met over two days at the beginning of April.

The police have endured a barrage of criticism in the aftermath of the death of newspaper seller Ian Tomlinson, who was hit and pushed to the ground by officers during clashes.

Independent investigators have launched several inquiries after footage of officers lashing out at protesters was caught on camera.

MPs said that images of so-called distraction tactics - shows of controlled violence against hostile individuals - shocked many and could undermine public trust.

They added that "urgent action" was required to ensure officers display identification at all times. Those who do not must face the "strongest possible" disciplinary measures, they said.

Members said that they were also concerned that untrained and inexperienced officers were left in a "highly combustible atmosphere" at the front line of the protests.

The committee added that police should not spend money on water cannons and other equipment to create distance between them and protesters. They said that the money could be better spent on training and planning, adding that police organisers must also work harder to communicate with protest organisers and the media.

Stop The War Coalition convener Lindsey German said: "Kettling is clearly unacceptable and, if it is not already illegal, it should be. The police are treating people like criminals when they have not committed any offence," she said.

Committee chairman Labour MP Keith Vaz said that the basic principle that the police must remember is that protesters are not criminals. The police doctrine must remain focused on allowing protest to happen peacefully, he said.

"In many ways, this was a large protest which passed off remarkably well. But it is clear that concerns about the policing of the G20 protests have damaged the public's confidence in the police and that is a great shame.

"The ability of the public and the media to monitor every single action of the police through CCTV, mobile phones and video equipment should mean they take even greater care to ensure that all their actions are justifiable.

"It is unacceptable for officers not to wear identification numbers at such events and any officers found to be deliberately removing their identification should face the strongest possible disciplinary measures."

Source: The Morning Star

Saturday, June 27, 2009

Americans Are Living And Dying In A Militarized Police State


Today, police departments across the United States more closely resemble an occupying army than they do public servants responding to calls for help. Police officers can now be seen wearing helmets and body armor and carrying AR-15's, just to deliver simple warrants. The militarization of our police departments not only gives the appearance of a military dictatorship but places the public at great risk.

No less than 70 percent of U.S. cities now have SWAT teams. In cities with a population of 50,000 or more, 90 percent have SWAT teams.

Eastern Kentucky University professor Peter Kraska told the Washington Post that SWAT teams are currently sent out 40,000 times a year in the U.S. During the 1980's, SWAT teams were only used 3,000 times a year. Most of the time, SWAT teams are being sent out to simply serve warrants on non-violent drug offenders.

Many municipalities are using Homeland Security grants to even purchase large armored vehicles. The Pittsburgh Police Department now uses their 20-ton armored truck complete with rotating turret and gun ports to deliver many of their warrants. Pittsburgh Police Sgt. Barry Budd recently told the Associate Press: "We live on being prepared for 'what if'."

The training being given at many police academies appears to be the type of tactics one would use in Baghdad, rather than Baltimore. It would seem that our police officers are being readied for war, with the American public as the enemy. In the last several years, there has been a transformation from community policing to pre-emptive assaults

On January 24, 2006, Dr. Salvatore Culosi was shot and killed outside his house by a Fairfax County SWAT officer. Police used the SWAT team to serve a documents search warrant, after Dr. Culosi came under suspicion for taking sports bets. The investigation began after Fairfax Detective David Baucom solicited a bet with Dr. Culosi at a local sports bar.

Dr. Culosi was standing outside his home while talking with Det. Baucom, when SWAT Officer Deval Bullock quickly approached with his gun drawn and fatally shot Dr. Culosi in the chest. Court documents report that Culosi never made any threatening movements and made no attempt to run as he watched the SWAT team move in around him.

Dr. Culosi had no history of violence nor any criminal history whatsoever. He operated two successful optometry clinics at Wal-Marts in Manassas and Warrenton, Va. His parents have filed a $12 million lawsuit against the county of Fairfax, Va.

On the night of January 17, 2008, a police SWAT team surrounded Ryan Frederick´s home in Chesapeake, Va. The police were there to serve a drug warrant based on a tip from a criminal informant.

As usual, 28 year-old Ryan Frederick had gone to sleep early in order to leave the house before dawn for his job with a soda distributor. He awoke to a commotion of screams and the distinct sound of someone breaking down his front door.

Frederick´s house had been broken into a few days earlier, being a slight man of only a little over 100 pounds, Frederick feared for his safety. After the break-in, he purchased a gun.

Understandably frightened, Frederick grabbed his gun and when he got to the front of his house, he saw a man trying to crawl through the bottom portion of his door. Terrified that the intruders had returned, he fired.

The man he shot was not an aggressive burglar, nor a drug-crazed murderer, he was Det. Jarrod Shivers. The police detective and military veteran died almost immediately. Frederick was charged with first-degree murder and now sits in a jail cell awaiting trial.

As for the marijuana-growing operation for which police were looking, nothing was found. Only a very small amount of marijuana was discovered on the Frederick property, only enough to charge him with misdemeanor possession. Frederick has admitted that he uses marijuana occasionally but has never been involved with producing nor selling the drug.

Ryan Frederick has no prior history of violence, nor any criminal history whatsoever. He took care of his grandmother until her death two years ago, had a full-time job, and recently became engaged. In his spare time, he worked in his yard and tended to his Koi pond…Not quite the drug kingpin type!

However, based solely on the word of an informant, police obtained a warrant and stormed into this man´s house in the dark of night. The information turned out to be false, a police officer and father of three is dead, and a decent young man´s life is now over.

When Ryan Frederick awoke to the sounds of his home being invaded, he did what many of us would do. He acted reasonably when he grabbed his gun to defend himself and fired at a man who he believed was breaking into his home to do him harm.

Had the police simply went to his home during the daytime and knocked on his door, they could have questioned Frederick and found their information to be groundless. A little traditional police work could have saved the life of a police officer and the Shivers and Frederick families would have remained whole.

Frederick was eventually convicted of voluntary manslaughter and is now servin ga 10-year prison sentence.

The Ryan Frederick story is truly frightening because this same scenario could play itself out in your home or mine. In the age of militarized police departments, we are all in danger.

Here are a few more recent victims of our militarized police departments:

In 2008, a La Plata County Sheriff's Department SWAT team burst into the mobile home at 74 Hidden Lane in search of a methamphetamine dealer. Unfortunately, they were supposed to carry-out the raid at 82 Hidden Lane.

As they rushed in, they shoved the homeowner, Virginia Herrick, 77 onto the floor and separated her from the oxygen tube she requires in order to breathe. The police did not realize their mistake until they had already handcuffed Herrick.

Herrick told reporters: "They didn't give me a chance to ask for a search warrant or see a search warrant or anything. I'm not about to argue with those big old guys, especially when they've got guns and those big old sledgehammers."

In 2007, Marva Morris received a call at work from neighbors, telling her home in Chesapeake, VA was surrounded by police officers. By the time she arrived home, her house was in shambles.

Acting on a bad tip, a SWAT team stormed the single mother’s home looking for a suspect, who Morris had actually taken-out a warrant against. Police shot-out windows, filled the home with tear gas, busted-out windows and doors, shot holes into mattresses, and even tossed clothes out of the windows. No one was home at the time.

Of course, the home was uninhabitable for Morris and the six children she is raising. When she demanded that police repair her home, she was given a business card with a number to city's Risk Management Department and told that she could submit a claim. Cit y officials decided to pay for the full restoration of her home, only after the case received a great deal of media attention.

In 2006, 92 year old Kathryn Johnston was shot 39 times by an Atlanta Swat team. Johnson was so fearful that she never left her home and would only open her door after friends who placed her groceries on the front porch had left. An erroneous tip from an informant was enough for the Atlanta Police Department to invade her home. Police have since admitted to lying to obtain a search warrant and to planting drugs in her home after killing her.

In 2006, Thibodeaux, LA residents Mike Lefort, 61, and his mother, Thelma, 83, were both thrown to the ground as a SWAT team burst into the wrong house with a "no knock" warrant. Thelma who suffered from hypertension nearly had a stroke. The police chief eventually offered them an apology.

In 2006, a 52 member SWAT team stormed into a Denver home in search of a friendly small-stakes poker game. The same thing happened a few months later when SWAT and K-9 units barged in on a charity poker game in Baltimore.

In 2005, Cheryl Lynn Noel, a mom was shot by police for picking up her legally registered handgun. She went for her gun to defend herself after a SWAT broke into her Baltimore, MD home at 4:30 a.m.. Police stormed her house that night because they claim to have found marijuana seeds in the family's trash can.

In 1994, Rev. Acelyne Williams, 75 of Boston, died of a heart attack after a SWAT team broke into his home. Police actually had the wrong address.

When someone straps on body armor and large caliber weapons, their adrenalin levels begin to surge. As they arrive at the scene, those levels increase. When these now militarized police officers actually break into a dark home and begin shouting at terrified citizens, severe injury and death is likely to occur. It is beyond reason to employ these tactics on anyone other than hardened, violent criminals.

SWAT teams were created in the wake of the 1966 University of Texas sniper shooting spree by ex-marine Charles Whitman. Police did not have the firepower to reach Whitman, who was perched atop the 27-story clock tower. Civilians with hunting rifles came to the scene and joined with police in the effort to stop Whitman.

Eventually, police officers and a well-armed citizen scaled the stairs of the tower and killed Whitman, but not before he killed 17 people and injured another 31. As a result of the incident, police departments began to assemble small teams of highly trained officers with equipment specific to sniper shootings, hostage situations, bank robberies, etc.

SWAT teams were designed to deal with very violent individuals who represent a clear and present threat to the public. However, they are now being used to execute warrants on non-violent offenders and even those who have no prior criminal history at all. Turning our neighborhood cops into shock troops will do nothing but erode public confidence in the police and endanger the lives of innocent Americans.

In 2008, Springfield, MA Police Commissioner William Fitchet announced that his department´s Street Crimes Unit would begin wearing military-style black uniforms, to instill a sense of "fear."

In my opinion, whether they know it or not, our police departments are being prepared for the declaration of martial law and an all-out war in our streets. Why else would every community both large and small across this nation need a small military force?

Source: The Examiner.com