Tuesday, April 25, 2017

The $9 Billion Witness: Meet JPMorgan Chase's Worst Nightmare

"She says he told her and other employees to stop sending him e-mails. The department, it seemed, was wary of putting anything in writing when it came to its mortgage deals."

Friday, April 21, 2017

Police in Los Angeles want even more impunity when they lie

California bill would make it harder to punish police officers who have been accused of lying LAPD officers
The bill sponsored by the Los Angeles Police Protective League comes amid citywide debate over police discipline practices.
Los Angeles Times
Liam Dillon
April 19, 2017

It would be more difficult for police departments in California to discipline officers accused of lying under under a plan proposed by a Los Angeles lawmaker...

Tuesday, November 11, 2014

Highway seizure in Iowa fuels debate about asset-forfeiture laws

Highway seizure in Iowa fuels debate about asset-forfeiture laws
This is the fifth installment in the “Stop and Seize” investigative series.
Huff Post
Nov. 10, 2014

Iowa state troopers stop two California men in a rented car on April 15, 2013. The police stop, search of the car and seizure of more than $100,000 is at the center of a federal civil rights lawsuit in which the motorists claim their rights against unreasonable searches and seizures were violated. (Image from video provided by Iowa State Patrol)
November 10
The two men in the rented red Nissan Altima were poker players traveling through Iowa on their way to Las Vegas. The police were state troopers on the hunt for criminals, contraband and cash.
They intersected last year on a rural stretch of Interstate 80, in a seemingly routine traffic stop that would soon raise new questions about laws that allow police to take money and property from people not charged with crimes.
By the time the encounter was over, the gamblers had been detained for more than two hours. Their car was searched without a warrant. And their cellphones, a computer and $100,020 of their gambling “bankroll” were seized under state civil asset-forfeiture laws. The troopers allowed them to leave, without their money, after issuing a traffic warning and a citation for possession of marijuana paraphernalia that carried a $65 fine, court records show.
Months later, an attorney for the men obtained a video of the stop. It showed that the motorists were detained for a violation they did not commit — a failure to signal during a lane change — and authorities were compelled to return 90 percent of the money.
Now the men are questioning the police tactics in an unusual federal civil rights lawsuit...

Tuesday, August 19, 2014

90-Year-Old Holocaust Survivor, Hedy Epstein, Arrested in Ferguson Protest


90-Year-Old Holocaust Survivor, Hedy Epstein, Arrested in Ferguson Protest
Daily Kos 
Originally published in Tikkun Daily
Aug 18, 2014  
 
Hedy Epstein, a Holocaust survivor and long-time human rights activist, was arrested today in front of Governor Jay Nixon's downtown office along with eight others.

Epstein, charged with failure to disperse, was protesting Nixon's actions in Ferguson, and said after her detainment, "I've been doing this since I was a teenager. I didn't think I would have to do it when I was 90. We need to stand up today so that people won't have to do this when they're 90."...

Thursday, August 07, 2014

San Diego Reader recounts recent adventures of rogue cop Kenneth Davis--and the system that protects him



Murphy Canyon Mystery
"I thought I was being murdered."

Jeffrey Sakali returns to the Fry's parking lot where he had been in an physical altercation with two strangers, beaten by one of them, and then subsequently detained by Sergeant Kenneth Davis...

 ...After his continued insistence on going to the hospital, a second ambulance appeared, and attendants examined Saikali inside it. Sergeant Kenneth Davis then entered and issued Saikali a misdemeanor citation for “battery on a person.” Saikali says he requested of Davis several things, starting with an explanation of what the citation was for. But the officer refused to answer.

Was the man who beat Saikali also issued a citation? No. Could Saikali press charges against the man? No. 

Davis then left the ambulance but not before becoming candid on one point. “He told me that I deserved my injuries,” Saikali says. 

Sergeant Davis is already known in town for behavior ranging from questionable detainment to criminal stalking. In 2007, a lawsuit was filed against Davis in federal court for malicious prosecution. Southeast San Diego resident Melford Wilson had objected loudly and with obscene language to a drug investigation Davis was conducting in the neighborhood. The officer arrested Wilson for obstructing the search. After Wilson sued, the city attorney’s office was able to have the charges dismissed. But a 2011 appeal in the U.S. Appellate Court’s Ninth Circuit resulted in the judgment being reversed. A key issue in the case was Wilson’s constitutional right of free speech. But after the case was remanded to the district court, a second jury exonerated Davis again.

That same year, however, Davis didn’t fare as well. In the spring, he was charged with felony stalking against fellow officer Robin Hayes and was put on a three-year administrative leave. In a preliminary hearing, Hayes testified that Davis had also threatened to kill her. Through plea bargaining, Davis was eventually allowed to plead guilty to misdemeanor stalking. On October 13, 2011, after his trial concluded, NBC San Diego ran a story headlined, “Officer Stalks and Walks Free.” Davis soon was back at work on the streets...

After Saikali arrived at the Sharp Memorial Hospital emergency room, he overheard the woman he says attacked him talking in a nearby enclosure. She was bragging again, he says, this time to a nurse, about how her male companion in the Walmart parking lot was an expert in martial arts. Saikali could hear that she was being treated for a broken wrist. He figured she had broken it when he flung her off his back. The first ambulance at the crime scene must have brought her there, he thought. 

Before Saikali left the hospital, he had the nurse attending him take pictures of his injuries. Within days, he also wrote a three-page account of what happened both inside Fry’s and outside Walmart. He then went to the U.S. attorney’s office, where he was told there was nothing they could do. “I wanted them to see my injuries firsthand,” he says.

Saikali also called Fry’s and Walmart to ask that they save the surveillance video of the night he had been beaten. They promised to do it. When he called Walmart’s security department three weeks after the incident, he was told that only police could view the video. Had police come to look at it? No, they had not, he says the Walmart spokesperson told him...

Thursday, June 26, 2014

A SWAT team blew a hole in my 2-year-old son (UPDATE)


A SWAT team blew a hole in my 2-year-old son (UPDATE)

That's right: Officers threw a flashbang grenade in my son's crib -- and left a hole in his chest. It gets worse


Salon.com

A SWAT team blew a hole in my 2-year-old son (UPDATE)Bounkham “Bou Bou” Phonesavanh (Credit: The Phonesavanh Family)
After our house burned down in Wisconsin a few months ago, my husband and I packed our four young kids and all our belongings into a gold minivan and drove to my sister-in-law’s place, just outside of Atlanta. On the back windshield, we pasted six stick figures: a dad, a mom, three young girls, and one baby boy.
That minivan was sitting in the front driveway of my sister-in-law’s place the night a SWAT team broke in, looking for a small amount of drugs they thought my husband’s nephew had. Some of my kids’ toys were in the front yard, but the officers claimed they had no way of knowing children might be present. Our whole family was sleeping in the same room, one bed for us, one for the girls, and a crib.
After the SWAT team broke down the door, they threw a flashbang grenade inside. It landed in my son’s crib.
Flashbang grenades were created for soldiers to use during battle. When they explode, the noise is so loud and the flash is so bright that anyone close by is temporarily blinded and deafened. It’s been three weeks since the flashbang exploded next to my sleeping baby, and he’s still covered in burns.
There’s still a hole in his chest that exposes his ribs. At least that’s what I’ve been told; I’m afraid to look.
My husband’s nephew, the one they were looking for, wasn’t there. He doesn’t even live in that house. After breaking down the door, throwing my husband to the ground, and screaming at my children, the officers – armed with M16s – filed through the house like they were playing war. They searched for drugs and never found any.
I heard my baby wailing and asked one of the officers to let me hold him. He screamed at me to sit down and shut up and blocked my view, so I couldn’t see my son. I could see a singed crib. And I could see a pool of blood. The officers yelled at me to calm down and told me my son was fine, that he’d just lost a tooth. It was only hours later when they finally let us drive to the hospital that we found out Bou Bou was in the intensive burn unit and that he’d been placed into a medically induced coma.
For the last three weeks, my husband and I have been sleeping at the hospital. We tell our son that we love him and we’ll never leave him behind. His car seat is still in the minivan, right where it’s always been, and we whisper to him that soon we’ll be taking him home with us.


Every morning, I have to face the reality that my son is fighting for his life. It’s not clear whether he’ll live or die. All of this to find a small amount of drugs?
The only silver lining I can possibly see is that my baby Bou Bou’s story might make us angry enough that we stop accepting brutal SWAT raids as a normal way to fight the “war on drugs.” I know that this has happened to other families, here in Georgia and across the country. I know that SWAT teams are breaking into homes in the middle of the night, more often than not just to serve search warrants in drug cases. I know that too many local cops have stockpiled weapons that were made for soldiers to take to war. And as is usually the case with aggressive policing, I know that people of color and poor people are more likely to be targeted.  I know these things because of the American Civil Liberties Union’s new report, and because I’m working with them to push for restraints on the use of SWAT.
A few nights ago, my 8-year-old woke up in the middle of the night screaming, “No, don’t kill him! You’re hurting my brother! Don’t kill him.” How can I ever make that go away? I used to tell my kids that if they were ever in trouble, they should go to the police for help. Now my kids don’t want to go to sleep at night because they’re afraid the cops will kill them or their family. It’s time to remind the cops that they should be serving and protecting our neighborhoods, not waging war on the people in them.
I pray every minute that I’ll get to hear my son’s laugh again, that I’ll get to watch him eat French fries or hear him sing his favorite song from “Frozen.” I’d give anything to watch him chase after his sisters again. I want justice for my baby, and that means making sure no other family ever has to feel this horrible pain.
Update: As of the afternoon of 6/24/2014, Baby Bou Bou has been taken out of the medically induced coma and transferred to a new hospital to begin rehabilitation. The hole in his chest has yet to heal, and doctors are still not able to fully assess lasting brain damage.
Alecia Phonesavanh is the mother of Bounkham Phonesavanh, nicknamed "Baby Bou Bou." She and her family live in Atlanta. For more information about Bou Bou, go to www.justiceforbabyboubou.com.

Friday, January 24, 2014

Ravneet Singh Allegedly Facilitated Nearly $300,000 in Illegal Foreign Contributions to Campaigns in San Diego

Campaign Services Professional Arraigned for Role in Campaign Finance Crimes
Ravneet Singh Allegedly Facilitated Nearly $300,000 in Illegal Foreign Contributions to Campaigns in San Diego; as part of conspiracy, Former SDPD Detective Ernesto Encinas Allegedly Sought to Fire the SD Chief of Police and Pick His Replacement
U.S. Attorney’s Office
January 21, 2014

Southern District of California (619) 557-5610

SAN DIEGO, CA—Ravneet Singh, the proprietor of Washington, D.C.-based ElectionMall Inc., was arraigned today on charges that he conspired to finance political campaigns using money from an illegal foreign source. Singh was arrested by FBI agents on Friday, January 17, 2014, pursuant to an arrest warrant.

According to the complaint, filed by an FBI special agent, unsealed by U.S. Magistrate Judge William V. Gallo, Singh conspired with former San Diego Police detective Ernesto Encinas and others to funnel more than $500,000 of illegal foreign money into San Diego municipal and federal campaigns, primarily in 2012 and 2013. Singh’s company, ElectionMall Inc., was also charged as a defendant.

According to the complaint, Singh, who styled himself the "campaign guru," was the president, chief executive officer and founder of ElectionMall Inc., a company that provided social media services and other campaign and election products to political candidates throughout the world. Encinas was the owner of a private security and consulting business in San Diego who oversaw the protection detail of a person identified in the complaint only as "the Foreign National." Between approximately 2011 and 2013, Singh and Encinas helped the Foreign National donate hundreds of thousands of dollars to a series of candidates for elective office—including during the 2012 San Diego mayoral election, a 2012 Congressional campaign, and the 2013 San Diego special mayoral election (up to, but not after, December 2013).

Despite the Foreign National’s willingness to contribute funds, he could not legally donate to any of these campaigns. Under federal law, "foreign nationals" are prohibited from making any contributions or expenditures in connection with any American electoral campaign—whether at the federal, state, or local level. Knowing this, Singh and Encinas allegedly used a series of increasingly complex techniques to hide the fact that the Foreign National was the true source of these illicit campaign funds. According to the complaint, Encinas—among other devices—helped mask the Foreign National’s contributions through the use of shell companies.

Similarly, Singh used his expertise to facilitate the donation of social media services to political candidates that the Foreign National favored. The complaint alleges that these contributions—sometimes classified as "in-kind contributions"—were not reported in any campaign filings and totaled nearly $300,000. According to the complaint, the Foreign National’s illegal contributions included:

a $100,000 contribution to a SuperPAC
$100,000 in unreported compensation for campaign services
a $30,000 contribution to a political party committee
another $190,000 in unreported compensation for campaign services
a $150,000 contribution to another SuperPAC
a $30,000 contribution to another political party committee
the promise of a "mill" in additional contributions

According to the complaint, Encinas wanted the next mayor to fire the chief of police and replace him with a person of Encinas’ choosing in exchange for the Foreign National’s financial help.

Complaints are not evidence that the defendant committed the crime charged. All defendants are presumed innocent until the United States meets its burden in court of proving guilt beyond a reasonable doubt.

Defendant in Case Number 14MJ0201

Ravneet Singh
Age: 41
Washington, D.C.

ElectionMall, Inc.

Ernesto Encinasv Age: 57
San Diego, Californiav
Summary of Charges and Maximum Penalties

Count one: conspiracy to commit offenses against the United States-18 U.S.C. § 371
Maximum penalties: five years in prison, three years of supervised release, $250,000 fine, and a $100 special assessment
v INVESTIGATING AGENCIES

Federal Bureau of Investigation
Internal Revenue Service-Criminal Investigation
San Diego Police Department

Monday, December 16, 2013

After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him

After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him
By Nicole Flatow
ThinkProgress
December 13, 2013

More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.

But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse. Just this week, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him.

Wrice was sentenced to 100 years for a sexual assault he says he falsely confessed to after police beatings. Others with similar claims remain behind bars, hoping to seize on precedent from Wrice’s case to expedite their appeals. Lawyers will argue next week that these inmate should be certified as a class so they can argue together that they should be granted new trials.

Burge was fired from the Chicago Police Department in 1993, after an internal investigation found that his abuse was “systematic” over more than a decade. More than 148 individuals — mostly black men — came forward to report that Burge had smothered them, imposed electric shock, and forced them into a hot radiator. Burge’s misconduct led to the state’s death penalty moratorium in 2000. But it took another decade before a special prosecutor embarked on an extensive investigation of Burge’s behavior. It found foul play, but said it would not pursue action against Burge, in part because the statutes of limitations had expired in the cases. Then in 2008, prosecutors developed another way to snag Burge in a civil trial. They charged him with perjury and obstruction of justice for lying about his actions at trial, and in 2011, he was sentenced to four-and-a-half years in prison.

At sentencing, U.S. District Judge Joan Lefkow lamented, “How can one trust that justice will be served when the justice system has been so defiled?” She added, “Perhaps the praise, publicity and commendations you received for solving these awful crimes was seductive and may have led you down this path. On your behalf how I wish that there had not been such a dismal failure of leadership in the (police) department that it came to this.”

While Burge’s case is extreme, this reward system exists in any of a number of police departments and law enforcement agencies, accompanied by rare punishment for wrongdoing. False confessions alone account for about 25 of wrongful convictions exposed by DNA, and many others derive from testimony by witnesses who are coerced through both poor treatment and incentives.

Sunday, December 01, 2013

My Stupid State: Florida Police Arrest, Jail, Harass Innocent Black Man 258 Times

My Stupid State: Florida Police Arrest, Jail, Harass Innocent Black Man 258 Times
by SemDemFollow for DKos Florida
Daily Kos group
Nov 30, 2013

#37 for My Stupid State series....

Earl Sampson has been stopped and questioned by Miami Gardens police 258 times in 4 years, on average more than once a week. He has been arrested 62 times for trespassing: at the store he WORKS AT!

The store's owner, Alex Saleh, had enough of the racial profiling of his employees and customers. He installed 15 surveillance cameras--not to protect from criminals (he has never been robbed) but because of the non-stop harassment of Sampson and others. The video below shows just one instance: Earl Sampson is taking out the garbage, and as soon as he goes back in the store, he is pulled out forcibly by the cop and arrested for trespassing.

(If you can't see the embedded video, the Miami Herald has a series of them here.)

Even though the store owner is there and repeatedly tells the cops he is an employee, they arrest him anyway.

I said, 'I'm the owner, let him go. I work here.' The officer said, 'Yeah right.'


Most of us have never been stopped and searched by police, let alone hundreds of times. Miami Gardens Police Chief Matthew Boyd needs to be fired. There is no way he didn't know about this. The cops need to be fired and sued. I am glad the store owner and his attorneys are filing a civil suit. Being a former cop myself, this type of behavior fills me with rage. They are harassing the very people they need to be protecting.

The store owner is a brave man for standing up for the rights of his customers and employees. According to the Huffington Post, he has been repeatedly threatened and harassed by the Miami Gardens PD since this story broke.

I know there are some in my state who would disagree with me, but the fact of the matter is being a minority is not a crime. Even if you are from Florida.

12:58 PM PT: Local News Report:

6:38 PM PT: The police chief will be stepping down

Originally posted to DKos Florida on Sat Nov 30, 2013 at 12:31 PM PST. Also republished by Police Accountability Group.

Sunday, November 24, 2013

Kendrick Johnson footage released; expert finds it 'highly suspicious'

Education attorneys at Lowndes County Schools insist the video they released of the day student Kendrick Johnson died is "a raw feed with no edits."

"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information." --Grant Fredericks, forensic video analyst


Click link to see school videos:
Kendrick Johnson footage released; expert finds it 'highly suspicious'
From Victor Blackwell
CNN
November 21, 2013

Missing video in teen gym-mat death?

(CNN) -- Kendrick Johnson's family waited months for hundreds of hours of surveillance video, hoping it would answer their questions. It only raised others.

Rather than showing how their 17-year-old son's body ended up in a school gym mat in January, the four cameras inside the Valdosta, Georgia, gymnasium showed only a few collective seconds of Johnson, jogging. The camera fixed on the gym mats was blurry.

Compounding the family's suspicions was the nature of the gym videos. They're jumpy, with students intermittently appearing and vanishing, and they bear no obvious timestamps.

The Johnsons' attorneys were not shy in stating their suspicion that someone could have tampered with the videos.

"They know their child did not climb into a wrestling mat, get stuck and die. Where is that video?" Benjamin Crump asked.

"We don't have any time code with which to synchronize the events that are shown in the video. ... Either the cameras did this on their own or a human being interacted to make these cameras do these things," King said.

Crump further said the family believes someone "corrupted" the video.

Lowndes County Schools insists the video is "a raw feed with no edits," and the Lowndes County Sheriff's Office, which asserts Johnson accidentally died while reaching for a shoe in one of the mats, says it didn't edit any files, according to their lawyers.

CNN, which filed suit to secure access to the video, hired forensic video analyst Grant Fredericks to analyze more than 290 hours of material from all 35 cameras inside and outside of the gym. Fredericks is a U.S. Justice Department consultant and contract instructor for the FBI National Academy in Quantico, Virginia.

CNN also provided Fredericks and his company, the Spokane, Washington-based Forensic Video Solutions, with hundreds more hours of video from 31 cameras in other parts of Lowndes County High School.

Fredericks quickly knocked down the Johnsons' concerns -- they're all easily explained, he said -- but his examination raised what could be another mystery: at least an hour of missing video from all four cameras inside the gym.

"Those files are not original files," Fredericks said. "They're not something investigators should rely on for the truth of the video."

Addressing the Johnsons' suspicions, Fredericks said the erratic motion in the video can be attributed to motion sensors triggering the cameras' recording function, and the blurriness on the camera homing in on the gym mats is the product of an out-of-focus lens. As for the time stamp, it's there; investigators just need to know where to look, he said.

Fredericks was able to find a little more than 18 minutes of video showing Johnson throughout the school on January 10. He's first seen at 7:31 a.m. entering school and last seen at 1:09 p.m., walking into the gym where he was found dead the next day.

What Fredericks wasn't able to find was video showing whether there was anyone in the gym when Johnson was there -- images that could prove vital in determining how the teen died.

"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information."

Two cameras in the gym are missing an hour and five minutes, their hiatus ending at 1:09, when Johnson enters the gym. Another pair of cameras are missing two hours and 10 minutes each. They don't begin recording again until 1:15 and 1:16, according to their time stamps.

What's certain, based on video from a camera outside the gym, is that numerous students walked into the gym during the hour and five minutes that the cameras weren't recording, but it's not clear whether that was sufficient to activate the cameras' motion sensors.

The time stamp on a camera outside the gym also appears to be 10 minutes behind the cameras inside the gym.

"I can't tell you whether there was no information recorded in the digital video system or whether somebody made an error and didn't capture it or whether somebody just didn't provide it," Fredericks said.

CNN has requested access to the original surveillance servers. But Fredericks cautions that the video could be gone, as newer surveillance would replace it if it wasn't recovered promptly from the school's digital video recorder.

The police have said they didn't receive a copy of the videos until several days after Johnson's body was found, according to an unredacted report obtained by CNN after a legal process.

Fredericks told CNN he found it "highly suspicious" that an hour of video could be missing, especially considering how the material was acquired by police.

"The investigator's responsibility is to acquire the entire digital video recording system and have their staff define what they want to obtain," he said.

According to an incident report from the Sheriff's Office, however, a detective watched a portion of the video then asked an information technology officer employed by the school board to produce a "copy of the surveillance video for the entire wing of the school with the old gym for the last 48 hours."

Five days later, the sheriff's report says, the IT officer delivered a hard drive to the detective, who verified it contained what he requested.

"Right now, what they've done, is they've left it up to the school district as to what it is they want to provide to the police, and I think that probably is a mistake," Fredericks said.

"You don't want somebody who might be party to the responsibility to make the decision as to what they provide the police."

We're going to fight until it's all over, until we get the truth. --Jacquelyn Johnson, Kendrick Johnson's mother


He added, "Until I have the digital video system in my hand and I can say, or an investigator can say, 'Everything is intact, and this is what was recorded,' I would still be highly suspicious of this."

The Johnson family will now have to wait to see whether the school's surveillance servers shed more light on their son's death, but the teen's parents say they won't be deterred.

"We are Kendrick Johnson," his mother, Jacquelyn Johnson, said. "That's my child, and we're going to fight until it's all over, until we get the truth. That's all we've ever asked for -- was the truth about what happened to Kendrick Johnson."

Sunday, September 15, 2013

Man seeking help after North Carolina car crash shot by police


Is there sadness or remorse in police officer Randall Kerrick's expression after killing an unarmed man who was seeking help? This case is reminiscent of the Trayvon Martin case: a young, unarmed black man in a white neighborhood arouses deadly suspicion.
College student Jonathan Ferrell before his car accident and being shot dead by Randall Kerrick.

N.C. police shoot unarmed man who survived car accident
Reuters
September 15, 2013

(Reuters) - Police in Charlotte, North Carolina, shot dead an unarmed man who was running toward police officers and may have been just trying to get help after crashing his car, authorities said.

A police officer has been charged with voluntary manslaughter for Saturday's shooting, and an attorney for the victim's family said on Sunday he believed race played a role in the death of Jonathan Ferrell, 24, who was black.

"If Mr. Farrell was not black or brown, wouldn't they have asked him a few questions before showering him with bullets?" said attorney Chris Chestnut, who said he would request all police evidence from the shooting.

Farrell, seeking help after the accident, knocked on a door in a predominantly white neighborhood, Chestnut said.

A woman called the 911 emergency operator after Ferrell began knocking insistently on her front door about 2:30 a.m. on Saturday, the Charlotte-Mecklenburg Police Department said.

The woman, who immediately closed the door on Ferrell after seeing it was not her husband, was likely unaware he had just crawled out of his wrecked car in nearby woods, police said.

Three police officers arrived, finding Ferrell a short distance from the woman's house. As soon as the officers got out of their vehicles, Ferrell started running toward them, police said.

One officer unsuccessfully fired a Taser at Ferrell, and he kept running. Randall Kerrick, another officer, then shot Ferrell several times with his service weapon, killing him, police said.

Police found Ferrell's wrecked car later in the morning.

The police department has placed all three officers on administrative leave while they investigate the shooting. Detectives charged Kerrick with voluntary manslaughter on Saturday.

"Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter," the police department said in a statement.

Ferrell was a former football player for Florida A&M University in Tallahassee who had recently moved to Charlotte with his fiancee to continue his studies at Johnson C. Smith University, Chestnut said.

Ferrell was on the Florida A&M roster in the 2009 and 2010 seasons, playing safety, the university said in a statement.

Chestnut, based in Atlanta, represents the family of Florida A&M drum major Robert Champion, who was killed in a hazing incident in 2011. Twelve former band members have been charged with manslaughter, and the family is suing the university for wrongful death.

(Reporting by Jonathan Allen and Daniel Trotta; Editing by Jackie Frank)

(Reporting By Jonathan Allen; Editing by Maureen Bavdek)

Wednesday, July 17, 2013

Prisons for profits, punishment: What about preventing harm?

Yesterday, thousands of people in California prisons entered a second week of hunger strikes, their nonviolent protest against dehumanizing practices used throughout the state’s prison system.

Their commitment to reform begs us to ask: What would a system of justice look like that truly restores and protects everyone in a community—healing all who have suffered, restoring right relationship between the wrongdoer and the wronged, creating conditions to prevent further harm?

Whether it’s among prisoners in California or Michigan or in a Peace Village in Burundi, we see every day that the path to peace begins with justice grounded not in retribution or revenge, but in healing and reconciliation. We have learned that even the most painful wounds can begin to heal when people have a safe space to tell their truths, to share their pain, and to listen deeply in a joint search for reconciliation.

Peter Martel’s personal experiences have taught him that “love, support, and knowledge are more effective in creating a better world than punitive, retributive actions will ever be.”

Peter spent a decade in solitary confinement for armed robbery charges before becoming program associate with the American Friends Service Committee (AFSC) in Michigan. Now he works to reduce recidivism by helping people behind prison walls, offering some of the same services that—along with his family’s love and support—helped him find the power to transform his life.

Peter tells his story in the recent issue of Quaker Action devoted to accounts of AFSC’s restorative justice work around the world. You can also read about the healing process of truth-telling that’s bringing together perpetrators and victims in Maine and Burundi, and reflections from one of the mediators selected by California prisoners currently on hunger strike on why now is the time to change our prison system. Find these stories and more at afsc.org/quakeraction.

AFSC and our partners are modeling a new paradigm built on transformation and wholeness rather than on punishment and retribution—but we’re also working to change systems that rely on the inevitability of violence.

The disturbing trend of privatizing incarceration puts the pursuit of profits ahead of the needs of taxpayers, prisoners, and prison employees. Tomorrow, I hope you can join AFSC for a special online discussion featuring three of our prison experts who are working on the ground to advocate against privatization...

In Peace,

Shan Cretin, General Secretary

American Friends Service Committee
1501 Cherry Street
Philadelphia, PA 19102

Monday, May 27, 2013

Not-so-nice IRS agent

Did This Guy Prepare YOUR Taxes?
Don Bauder
San Diego Reader
August 10, 2012

Steven Martinez of Ramona, a tax preparer and former agent with the Internal Revenue Service, pleaded guilty today (Aug. 10) in federal court to charges of murder-for-hire, witness tampering that involved attempted murder, mail fraud, filing false tax returns, Social Security fraud, identity theft and money laundering. According to the U.S. Attorney's office, in February Martinez solicited an individual to bump off four former clients, victims of his fraud, who were slated to testify against him in a criminal tax case. The individual went to the Federal Bureau of Investigation and reported the murder-for-hire solicitation. Then a meeting between Martinez and the individual was recorded and videotaped. Martinez offered $100,000 if the individual knocked off women of Rancho Santa Fe and La Jolla.

According to the U.S. Attorney's office, Martinez even suggested how the murders should be pulled off -- with two different pistols with silencers. Martinez admitted that he filed false tax returns and defrauded his clients by stealing more than $11 million in tax payments. A sentencing hearing will be before U.S. District Judge William Q. Hayes Nov. 30.

Friday, May 17, 2013

Ex-Mississippi police chief faces new indictment

Ex-Mississippi police chief faces new indictment
By HOLBROOK MOHR
Associated Press
May 17, 2013

JACKSON, Miss. (AP) — A former Mississippi police chief already charged with demanding money or property in exchange for dropping criminal charges against people has been indicted on nine new counts.

Former Mendenhall Police Chief Donald "Bruce" Barlow was charged Feb. 5 with eight counts including conspiracy, extortion, soliciting bribes and witness tampering. He pleaded not guilty March 8.

A new indictment on Tuesday added nine additional counts.

The indictment says Barlow instructed "his officers to seize cash at every arrest, including money from people arrested for misdemeanors."

When some of those people were arrested, authorities say Barlow offered to let them go or reduce charges if they forfeited their property and money.

The new indictment says Barlow sometimes told people to sign over their vehicles and pay him cash, in one case $4,500.

Read more: http://www.seattlepi.com/news/crime/article/Ex-Mississippi-police-chief-faces-new-indictment-4526123.php#ixzz2Ta28lSLe

Tuesday, May 14, 2013

After deadly police beating, witness cellphones confiscated

After deadly police beating, witness cellphones confiscated
David Sal Silva was reportedly seen and recorded being beaten to death by California police
By Natasha Lennard
Salon.com
May 13, 2013

Following the death of father of four David Sal Silva last week, his family’s attorneys are calling for police to release bystander video evidence that reportedly shows California’s Kern County officers brutally beating the 33-year-old. A video from a surveillance camera (which does not show the scene close-up) has been released and shows the man repeatedly struck with a baton. Local press have also reported on details from a 911 call made, in which witness Sulina Quair, 34, said “There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him. I have it all on video camera. We videotaped the whole thing.” Officers say they were responding to a call about an intoxicated man and that Silva had fought them.

Attorneys representing the Silva family expressed concern that police may tamper with video evidence and demanded that they be given access to any recordings of the lethal incident. Details emerged, the Bakersfield Californian reported, that officers confiscated the phones of bystanders who had captured the event as it unfolded. Police reportedly arrived at Quair’s home to take his phone.


The local paper reported:

At a news conference at his downtown Bakersfield office, attorney David Cohn, representing the Silva family, said the videos were vital evidence. He expressed concern about tampering.

“Those videos that were taken are the most important piece to this case and another main concern is that those videos aren’t altered or destroyed by the Sheriff’s Department,” said Cohn, of the firm Chain, Cohn, Stiles.

Later in the day, Kern County Sheriff Donny Youngblood said he was asking the public to be patient and give his office the opportunity to conduct an investigation. He was critical of comments made by lawyers for the family and the witnesses.

“It appears that a couple attorneys are making statements based on I don’t know what because the investigation hasn’t been completed yet,” Youngblood said.

Cohn was flanked at the news conference by Silva’s mother, father and brother. They did not speak.

Cohn said he plans to file a civil rights lawsuit in federal District Court in Fresno next week.


Kelly Thomas' father 'totally disgusted' by Kern County beating
Kate Mather
Los Angeles Times
May 14, 2013

Kern County Sheriff Donny Youngblood said Monday that it was too early in the investigation to reach any conclusions about Silva's death. But he defended the decision to take custody of the phones as a way of preserving possible evidence. The sheriff said his office obtained a search warrant for the phones and asked the Bakersfield Police Department to analyze the videos to remove the appearance of any conflict.

Ron Thomas said he spoke to Cohn over the weekend and planned to talk to Silva's family Tuesday. He said he would offer to help in any way he can, including going with the family to talk to the Kern County sheriff.

He also had advice based on his own experience, recommending the family "immediately" get the investigation to the district attorney or state attorney general's office, reach out to potential witnesses, and ramp up public pressure.

"If there's no pressure, there's no result," Ron Thomas said. "They would not have done it in Fullerton -- look at all the changes in Fullerton. I was a thorn in the side constantly and made them do their job."

Kelly Thomas' death roiled the Orange County community, prompting protests, memorials and a recall election as the incident drew international attention.

Three former members of the Fullerton police now face criminal charges in the death, including one officer who is accused of second-degree murder. Police Chief Michael F. Sellers took a medical leave amid calls for his resignation. He eventually stepped down.

Three City Council members perceived as protecting the embattled Police Department were ousted in a recall, and at one point the City Council considered disbanding the department and handing over law-enforcement authority to the sheriff.

Ron Thomas said the Kern County incident brought up memories of his son's case.

"It's very tough," he said. "I just happen to be in a whirl right now -- if I slow down, I'll get choked up."

"We've got to stop this," he said later. "We the people have got to stop this."

Friday, April 05, 2013

Honors students guilty in murder to prevent witness from testifying

It seems that public entities, from schools to police forces, have a bad habit of firing employees who complain that murderers and child molesters are being protected or treated gingerly.

Here's a story of a school district that forced out a teacher who reported a child molester.

The final paragraph of the story below discusses an LAPD detective who was fired for revealing that a witness and her family had not been adequately protected.


After years of lying, ex-honors student admits her role in murder
Keeairra Dashiell is sentenced to life in prison for driving her then-boyfriend to the home of a crime witness, where he shot Pamela Lark, the witness' mother.
By Joel Rubin
Los Angeles Times
April 4, 2013

When Keeairra Dashiell graduated with honors from Crenshaw High School seven years ago, she seemed headed for success. Offered admission into several top colleges, she accepted a scholarship to UC San Diego, leaving behind the often rough, inner-city world of South Los Angeles.

But on Thursday, Dashiell's talent and promise were a distant, squandered memory as the 24-year-old sat handcuffed in a downtown Los Angeles courtroom. After years of lying, she fully confessed to her role in a 2007 murder and, in a deal with prosecutors, pleaded guilty to second-degree murder and attempted robbery. Los Angeles County Superior Court Judge Michael Pastor sentenced Dashiell to life in prison with the possibility of parole after 19 years.

After handing down the sentence, Pastor spoke to Dashiell at length as she sat quietly next to her attorney with her head bowed. "You made horrific decisions and caused incalculable pain and suffering to others," Pastor said in a somber tone. "You're not entitled to pity."

PHOTOS: Aftermath of a holdup

Dashiell confessed to having a hand in the Jan. 3, 2007, murder of Pamela Lark, who was shot to death by Dashiell's then-boyfriend, Tyquan Knox. Dashiell admitted to driving Knox to the Mid-City block where Lark lived with her teenage daughter Khristina Henry and, with several members of her family and Lark's listening in the courtroom, said she knew Knox was armed with a gun and that he planned to kill Henry. Dashiell waited for Knox and drove him away when he returned.

Months earlier, Knox, a one-time football star at Crenshaw High School, had robbed Henry and her boyfriend at gunpoint. Lark insisted that Henry report it to police, telling her that it was her duty to do so.

Over the next few months, Knox's mother and other acquaintances contacted Lark and Henry in an effort to dissuade the teenager from testifying at Knox's approaching trial. "You better watch your back," Henry remembered being told by a mutual acquaintance. "It's best that you guys not go to court."

Knox, who had ruined his best chance at earning a football scholarship when he was kicked off Crenshaw's team for hitting a girl, still harbored hopes of catching the eye of scouts. He feared that a conviction would ruin any chance of being recruited by a college, the prosecution contended at his murder trial.

Despite the threats against her, Henry still planned on taking the stand at Knox's preliminary hearing. Four days before the hearing, Knox strode up to Lark as she, a niece and two young grandchildren stood near her car. He demanded her purse and then opened fire without taking anything.

Dashiell said on Thursday that she and Knox went to the apartment before dawn with a plan to kill Henry, not Lark. The pair apparently did not see Henry when she emerged from the apartment in the morning and drove off to attend class at a nearby community college. It remains unknown why Knox targeted Lark. After two attempts at prosecuting Knox ended in mistrials when the juries could not reach verdicts, Knox was convicted of murder at a third trial in 2011 and sentenced to life in prison without parole.

In the first two trials, Danette Meyers, the assistant district attorney who prosecuted the cases, struck a deal with Dashiell: In exchange for her testimony against Knox, Dashiell would serve only seven years in prison. Dashiell, however, proved to be a reluctant and unconvincing witness, often contradicting herself and getting caught in lies. Meyers rescinded the offer and, until Thursday's agreement, had vowed to prosecute Dashiell on murder charges.

With more than six years having passed since the murder, Thursday's hearing brought an end to countless hours Lark's family has spent in courtrooms having to relive the horror of the killing. "I'm just happy it's finally over," Henry said after the hearing.

Lark's murder and its fallout was the subject of a two-part series in The Times.

In his comments, Pastor, a veteran judge who heard each of Knox's trials as well, said that of the thousands of cases he's handled as a judge and previously as a prosecutor, none "impacted me as much as this case." The strain was so great, Pastor said, it pushed him to request a transfer so he wouldn't have to hear such cases anymore.

"I couldn't handle it anymore because I saw the terrible pain this case has caused all of you," he said to the members of both Lark's and Dashiell's families. Pastor offered kind words to Dashiell's parents, saying they appeared to be good people. "Mrs. Dashiell asked where she went wrong. She didn't go wrong," he said. "Keeairra Dashiell did this herself."

After Dashiell had been led away, members of her family approached Henry and other relatives of Lark. Forming a line, they each tearfully embraced Henry and the others, whispering apologies.

Taking in the emotional scene was Michael Slider, Henry's uncle and a detective in the Los Angeles Police Department. Slider was fired by the department in 2010 for leaking confidential information about the case after he became convinced that his fellow LAPD detectives had not done enough to protect Henry and Lark from Knox. After an appeals court threw out one of the department's allegations against Slider and sent the case back to the LAPD for reconsideration, police officials relented and reinstated Slider.

Tuesday, October 02, 2012

Rep. John Lewis: 'Make Some Noise' on New Voting Restrictions

Rep. John Lewis: 'Make Some Noise' on New Voting Restrictions
The Atlantic
8 AUG 26 2012

"...The civil rights icon issues a call—"All of us should be up on our feet"—to protest partisan voting restrictions this election season.And I stood up and said, I don't understand it. I don't understand it, how President Johnson can send troops to Vietnam and cannot send troops to Selma, Alabama, to protect people whose only desire is to register to vote. And the next thing I realized, I had been admitted to the Good Samaritan Hospital, a short distance away. There were 17 other people who had been hurt".

–Rep. John Lewis (D- Ga.), on NPR in 2010, marking the 45th anniversary of "Bloody Sunday," the 1965 civil rights march from Selma to Montgomery.

If there is an American alive today who is well suited to evaluate the partisan push for new restrictive voting laws this election cycle, it is Rep. John Lewis, the civil rights icon who put his skull where his heart and mind were on the Edmund Pettus Bridge all those years ago. But to merely read the words above doesn't do justice to what happened that day. Here's an interview the congressman did earlier this year with Stephen Colbert. In it you can hear, you can see, you can feel the profound impact the event had upon Rep. Lewis' life and, indeed, upon the life of the nation.

When young John Lewis marched that day, he was marching for the rights of blacks to register to vote. And it would take only 142 days, from the march on March 17, 1965 to the passage of the Voting Rights Act on August 6, 1965. Now that federal law is under siege. The conservatives of the United States Supreme Court are poised to strike down one of its central provisions. And Republicans in states like Florida, Texas, and South Carolina have passed photo identification laws that could disenfranchise hundreds of thousands of registered voters who have long cast their ballots without incident. Republicans in other states, like Pennsylvania, have done likewise.

Meanwhile, Republicans in Ohio have moved to restrict early voting access, which has traditionally been used by minority voters. As with the photo ID requirements, the new restrictions were enacted under the guise of protecting elections from "voter fraud." But, as with the other restrictions, there is virtually no evidence of such fraud. And the impact of the new restrictions will have a disproportionate impact upon minority voters, many of whom don't have the time or the money or the means of transportation to obtain the required new forms of identification.

The Justice Department, which for now has the legal authority to block some state voting restrictions, has interceded in several Southern states. In other states, local civil rights groups have challenged the measures in court. This week, for example, a three-judge panel in federal court in Washington will hear a challenge to South Carolina's restrictive laws. And a decision in Texas v. Holder is expected as early as the end of the week. If the 2000 election was decided by judges after the voting was done, the 2012 election may be decided by judges before the voting begins.

With all that in mind, last week I asked Rep. Lewis for some context and perspective on the link between the civil right movement of a half century ago and today's voting rights movement. I wanted to know if the connection was valid and, if so, why so many of the voices which sounded so loudly in the 1960s have been so silent today. Is it because the texts of the new voting laws are "neutral"—technically applying their restrictions to whites and blacks alike? Or is it something more. It's a timely topic—with so many judges in so many states poised in the next few days and weeks to give their own answers.

Here is the interview.

I've made the argument (here at The Atlantic) that there are strong links between the aims of the civil rights movement in the 1950s and 1960s and the aims of people today who are fighting against partisan restrictions on voting. How strong do you think that link really is?

The link is solid and very strong. The forces that fought against the goals and aims of the Civil Rights Movement in the '50s and '60s are very similar to the forces standing against voting rights today. Fifty years ago, they were primarily Southern segregated and racist groups who used brute force, arrests and violence to discourage people from participating. Today those forces are not just relegated to the American South, but they are operating throughout our country.

The documented incidences of voter fraud are very rare, yet throughout the country, forces have mobilized in over 30 states to stop it. These efforts are very partisan. They are not using overt violence and harassment, but subtle, more sophisticated devices to discourage and prevent people from participating in the electoral process. How much of these new laws are based upon the fear of permitting minority votes to determine the coming election?

It is not outlandish to conclude that these new laws are based on the simple objective of blocking minorities from casting a vote that will determine the outcome of elections. Some appointed and elected officials have stated these aims and have made it very clear that they are working to disenfranchise minority voters in this election.


45 Years Since Selma, Rep. John Lewis Reflects
Talk of the Nation
NPR
March 8, 2010

Thousands converged on Selma, Ala., to mark the 45th anniversary of "Bloody Sunday," when hundreds of peaceful civil rights protesters set out for Montgomery, to march for voting rights. U.S. Congressman John Lewis (D-GA) reflects on the day he marched in Selma.

NEAL CONAN, host:

Thousands converged yesterday on Selma, Alabama to mark the 45th anniversary of Bloody Sunday. That day, on March 7th, 1965, hundreds of peaceful civil rights demonstrators set out from Montgomery to march for voting rights. Only a few blocks in, as they tried to cross the Edmund Pettus Bridge, they were beaten back by Alabama State Troopers. The incident and the images carried in newspapers and on television shocked the nation and the world and became a turning point for the civil rights movement...

Protesters at 2004 RNC Probably Shouldn’t Have Been Arrested

Protesters at 2004 RNC Probably Shouldn’t Have Been Arrested
By Joe Coscarelli
New York Magazine
Sept. 30, 2012

A federal court decided today that out of the thousands of arrests at the 2004 Republican National Convention in New York, a good number of them were made without probable cause. Guilt by association, Judge Richard Sullivan ruled, doesn't cut it, and the mass-fingerprinting of arrested demonstrators wasn't legal either. "With this ruling, the time has come for the city to put this controversy behind it, to settle the rest of the Convention cases, and to make sure that mass arrests never happen again here," said a lawyer for the NYCLU. Thank you, swift justice.

Sunday, September 16, 2012

72-year-old man convicted of 1957 killing

Has anybody checked to see if there were any missing girls in Washington where this man was a police officer? Did he receive complaints about brutality?

72-year-old man convicted of 1957 killing
Herald and News
September 15, 2012
(AP)

For most of five decades, it seemed no one would ever be held accountable for the murder of a 7-year-old Illinois girl snatched off a small-town street corner as she played.

Now, someone has.

Fifty-five years after Maria Ridulph vanished, her friends and family let out a deafening cheer in court Friday as a judge pronounced a former neighborhood teen — now a 72-year-old man — guilty of the kidnapping and murder. It was one of the oldest unsolved crimes in the U.S. to make it to trial.

The roar of approval soon gave way to loud sobs from those who knew the little girl whose body was found after a five-month search that drew national media attention and haunted people across the country. Jack McCullough, who was 17-year-old John Tessier at the time, showed no hint of emotion.

“A weight has been lifted off my shoulders,” said Kathy Chapman, 63, who was playing with Maria in the snow on the night of Dec. 3, 1957, before she vanished. “Maria finally has the justice she deserves.”

A brutal killing

McCullough approached the girls as they played and won Maria’s trust by talking about dolls and giving her piggyback rides. At some point after Chapman ran home to grab mittens, authorities say McCullough dragged Maria into an alley, choked her with a wire, then stabbed her in her throat and chest.

The motive? Prosecutors say McCullough was sexually attracted to the second-grader. Even in a police interview in 2011, he recalled seeing Maria around the neighborhood, saying she was as pretty as a “Barbie doll.” He wasn’t charged with molesting her, however.

McCullough was briefly a suspect, like more than 100 others, in the 1950s, but he had an alibi. He told investigators he had been traveling to Chicago to get a medical exam before joining the Air Force. He settled in Seattle, working as a Washington state police officer...

Monday, August 20, 2012

Autopsy: Death of handcuffed man in Ark. a suicide

Autopsy: Death of handcuffed man in Ark. a suicide
By JEANNIE NUSS
The Associated Press
August 20, 2012

LITTLE ROCK, Ark. — An autopsy report released Monday lists the death of a man shot in the head while his hands were cuffed behind him in an Arkansas patrol car as a suicide.

The state crime lab report, signed by three medical examiners, said the muzzle of a gun was placed against the right side of 21-year-old Chavis Carter's head when it was fired. Jonesboro police released the report to The Associated Press and other news organizations under a Freedom of Information Act request.

The report said the manner of death was ruled a suicide based on autopsy findings and investigative conclusions from the Jonesboro police department.

"He was cuffed and placed into a police car, where apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report says.

Police have said officers frisked Carter twice after a traffic stop without finding a gun before he was fatally shot July 28.

The autopsy report comes days after police released video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said came after Carter was found.

Carter's death came after police stopped a truck in which he was riding. The driver and another passenger eventually were allowed to go, but police said Carter had an outstanding arrest warrant. Court records show it had to do with a drug charge out of Mississippi's DeSoto County.

Carter was searched twice and police said they found a small amount of marijuana, but no gun.

After the first search, an officer put Carter into a patrol car without handcuffing him. He was later searched again, handcuffed and returned to the same car.

Officers a short time later saw Carter slumped over in the backseat and covered in blood, according to the report, which concluded he had managed to conceal a handgun with which he shot himself. He later died at a hospital, and the report listed his death as a suicide...



Autopsy: Man Shot In Police Car Had Meth In System
by THE ASSOCIATED PRESS
August 20, 2012

LITTLE ROCK, Ark.

...The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said was recorded after Carter was found.

Neither included the moment they say Carter shot himself
, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him.

In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.

The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds.

Irwin called Monday for the full dashboard video and audio from the night of the shooting to be released before final conclusions are drawn.

"They should be disclosing every bit of evidence as quickly as they can," he said.

Cellphone videos, other phone records, search warrant returns and investigative portions of the incident report had yet to be released, police spokesman Sgt. Lyle Waterworth said...