Ferguson vs. the Police PT. 2

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Re: Ferguson vs. the Police PT. 2

#321  Postby BWE » Jan 05, 2015 11:58 pm

ACLU-MO's legal docket links & updates page, regarding the Michael Brown shooting in Ferguson.

ACLU-MO's well-crafted response statement & overview of the case:


The shooting of Michael Brown, an unarmed black teenager, by a white police officer in Ferguson, Mo., is a grim reminder that there are two kinds of policing in America today: one to serve and protect the white community and one to criminalize and control the black community.

In the immediate aftermath of the shooting, the predominately white local and county police responded to the largely peaceful protests in the overwhelmingly African-American community with a show of force that left Americans wondering whether they were watching events unfold on the streets of suburban St. Louis or on the streets of an authoritarian country. The police's paramilitary tactics and mindset combined with the slow and selective release of information to smear Michael Brown have only served to enflame the situation. Law enforcement officers and officials are public servants tasked with serving and protecting their communities, not erecting a blue wall of silence to insulate themselves from transparency and accountability.

Policing in America disproportionately and negatively affects communities of color, particularly black youth. Since April, police across the country have killed at least six unarmed black men under circumstances that strongly suggest the unjustified use of lethal force and racial profiling. The ACLU has also found that paramilitary SWAT raids are disproportionately used against black and Latino citizens rather than white citizens when serving warrants in search of drugs, even though blacks, Latinos, and whites use drugs at roughly the same rates. The ACLU has also documented that nationwide blacks are almost four times more likely – and in some states eight times more likely– to be arrested for marijuana possession despite the fact that blacks and whites use marijuana at similar rates.

Systemic reform is necessary, not only in Ferguson, Mo., but nationwide.

The shooting of Michael Brown and the aggressive militarized response of local, county, and state law enforcement to the protests impact many interrelated areas of concern for the ACLU nationwide, including racialized policing, police use of force, the militarization of police, and the First Amendment.

To serve and protect is not a suggestion. It is a mandate that law enforcement must apply equally to all communities. Otherwise, there will only be more Fergusons. The ACLU of Missouri and the American Civil Liberties Union and allies across the country urge local, state, and national legislators and law enforcement officials to take the following actions and institute the following reforms.

ACLU's response regarding the Ferguson Grand Jury Decision, declining to indict Police Officer Darren Wilson on charges in the 08-09-2014 shooting death of Michael Brown:
Quote:
comment from Jeffrey Mittman, executive director of the American Civil Liberties Union of Missouri

"The grand jury's decision does not negate the fact that Michael Brown's tragic death is part of an alarming national trend of officers using excessive force against people of color, often during routine encounters. Yet in most cases, the officers and police departments are not held accountable. While many officers carry out their jobs with respect for the communities they serve, we must confront the profound disconnect and disrespect that many communities of color experience with their local law enforcement.

The ACLU will continue to fight for racial justice. We must end the prevailing policing paradigm where police departments are more like occupying forces, imposing their will to control communities. This 'us vs. them' policing antagonizes communities by casting a blanket of suspicion over entire neighborhoods, often under the guise of preventing crime.

To build trust, we need a democratic system of policing where our communities have an equal say in the way their neighborhoods are policed. Collaboration, transparency, and communication between police and communities around the shared goals of equality, fairness, and public safety is the path forward."
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Re: Ferguson vs. the Police PT. 2

#322  Postby Steve » Jan 06, 2015 12:24 am

One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.
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Re: Ferguson vs. the Police PT. 2

#323  Postby epepke » Jan 06, 2015 12:59 am

Steve wrote:One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.


The idea used to be that the judicial branch limited the police by letting people go when the police broke the rules. The public reacted pretty strongly against this, during the Dirty Harry era and beyond. "Get tough on crime" has been a way to get elected, and the pork-filled private prison system requires a steady supply of inmates, preferably not-so-violent ones, which the War on Drugs provides. Since the 1990s, the military dumps hardware on police departments which 1) has made police departments more militaristic, and 2) costs police departments money, because they can't sell the equipment they get from the military but have to pay for maintenance, and the return of equipment is difficult to do. At the same time, given the recession, actual finance has been shrinking. So police departments have been put in the position of 1) giving too many police something to do, and 2) making up revenue, which means trying to get lots of fines (not to mention graft). The police unions won't let police departments shrink.

It's all kind of a jujuflop situation.
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Re: Ferguson vs. the Police PT. 2

#324  Postby Steve » Jan 06, 2015 6:03 am

Is a jujuflop a lot or a little?

I loved the huffpo headline I saw this morning for the first day of the Republican majority in the house and senate:

Ready... Set... GOP.

A mashup of "go" and "stop" expresses the stalemate of US government perfectly.
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Re: Ferguson vs. the Police PT. 2

#325  Postby Warren Dew » Jan 06, 2015 6:15 am

Steve wrote:One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.

Policing state and local police is the job of the FBI and the rest of the federal Justice Department. It's just a pity they wasted so much political capital on Wilson's perfectly justified shooting that they didn't feel comfortable launching an official investigation into the Garner case, preferably with an indictment of Pantaleo for violation of Garner's constitutional rights.

As for politics at funerals, it looks to me like that's what Mayor DeBlasio is doing, not the police. After supporting demonstrations that called for killings of police, it's hard to expect the police to stand and applaud when DeBlasio shows up at the funerals of the police that were then killed.
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Re: Ferguson vs. the Police PT. 2

#326  Postby Steve » Jan 06, 2015 8:15 am

Bullshit on DeBlasio. He is speaking in honor of fallen officers. Find me one accurate quote to support your allegation. He has spoken loudly and clearly against ALL violence. The NYPD are behaving like gangsters. They need to clean house, just like an awful lot of other police departments.

As for the FBI they are not capable of doing the job as their job is dependent on good relationships with the police. Which is why I made my comment. As long as it is up to them the police will continue to become more violent. They will never fix it.
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Re: Ferguson vs. the Police PT. 2

#327  Postby Willie71 » Jan 06, 2015 4:49 pm

Warren Dew wrote:
Steve wrote:One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.

Policing state and local police is the job of the FBI and the rest of the federal Justice Department. It's just a pity they wasted so much political capital on Wilson's perfectly justified shooting that they didn't feel comfortable launching an official investigation into the Garner case, preferably with an indictment of Pantaleo for violation of Garner's constitutional rights.

As for politics at funerals, it looks to me like that's what Mayor DeBlasio is doing, not the police. After supporting demonstrations that called for killings of police, it's hard to expect the police to stand and applaud when DeBlasio shows up at the funerals of the police that were then killed.


The idea that the shooting was justifiable is reality only in the minds of conservatives who ignore the corruption in the process.
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Re: Ferguson vs. the Police PT. 2

#328  Postby Teague » Jan 06, 2015 4:52 pm

Steve wrote:Another more potent lawsuit has been filed against McCulloch:

Bar Complaint Filed Against McCulloch

ST. LOUIS (KMOX) – A bar complaint against St. Louis County Prosecuting Attorney Bob McCulloch and Assistant Prosecuting Attorneys Kathi Alizadeh and Sheila Whirley has been filed regarding the handling of the Ferguson grand jury.
Attorney and former judge James R. Dowd and attorney Robert Ramsey reviewed the grand jury transcript – including evidence, witness interviews and testimony – before a group of seven citizens and attorneys – led by Christi Griffin, founder of the Ethics Project – filed an 11-page complaint with the Office of the Chief Disciplinary Counsel in Jefferson City, Missouri.
Griffin says the complaint focuses on more than 15 Rules of Professional Conduct the group believes were violated, including the following:


Click the link for more.

I am so relieved some of this shit is being brought to order. Stupid jerks like McCulloch need to get the axe so folks know the system still has a pulse.


And those were...


- Presenting witnesses to the grand jury – including Darren Wilson – who McCulloch, Alizadeh and Whirley knew or should have known would make false statements, is not exhaustive.

Under Missouri Supreme Court Rule, the Office of the Chief Disciplinary Counsel has the duty to investigate allegations of misconduct by lawyers and for prosecuting cases where the misconduct poses a threat to the public or to the integrity of the legal profession.

It is the position of the complainants that McCulloch, Alizadeh and Whirley’s conduct have done both.

- Presenting the grand jury with a legal instruction ruled unconstitutional for decades.

- Mislabeling and misplacing evidence related to key witness Dorian Johnson.

- Failing to provide specific charges to the jury after “dumping” on them thousands of pages of interviews and evidence the complainants cite as going above gross negligence.

Griffin has said initial reports from the Ferguson police chief that Darren Wilson did not know Michael Brown was suspected in an earlier convenience store robbery were changed in testimony before the grand jury, and she believes that represents perjury.

“He is the one that is allowing that perjured testimony to be presented to the grand jury, and that is a direct violation of the Code of Professional Ethics,” she said.


So basically, he did everything right to get Darren Wilson off and therefore they must indict him again, surely. If this case was so obtusely handled, it's a sham and they need to indict again.
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Re: Ferguson vs. the Police PT. 2

#329  Postby Warren Dew » Jan 06, 2015 4:53 pm

Willie71 wrote:
Warren Dew wrote:
Steve wrote:One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.

Policing state and local police is the job of the FBI and the rest of the federal Justice Department. It's just a pity they wasted so much political capital on Wilson's perfectly justified shooting that they didn't feel comfortable launching an official investigation into the Garner case, preferably with an indictment of Pantaleo for violation of Garner's constitutional rights.

As for politics at funerals, it looks to me like that's what Mayor DeBlasio is doing, not the police. After supporting demonstrations that called for killings of police, it's hard to expect the police to stand and applaud when DeBlasio shows up at the funerals of the police that were then killed.

The idea that the shooting was justifiable is reality only in the minds of conservatives who ignore the corruption in the process.

The idea that corruption affected the Wilson case is reality only in the minds of progressives who ignore the realities of police work.

Now, it may have affected the Pantaleo case, but progressives avoid focusing on that because it didn't involve guns. After all, people don't kill people, only guns kill people; deaths that aren't gun deaths don't count for progressives.
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Re: Ferguson vs. the Police PT. 2

#330  Postby Willie71 » Jan 06, 2015 5:02 pm

Warren Dew wrote:
Willie71 wrote:
Warren Dew wrote:
Steve wrote:One thing that is missing as far as I know is an effective method to police the police. I don't see much changing until there is some independence of investigation of cases of police (and judge and prosecutor) misconduct. A police force is not optional, so it becomes very dangerous to the republic when they start to go rogue. The NYPD playing politics at funerals is a bad decision on their part. All they are doing is inviting more attacks. As police they have no say in who gets to be mayor, and when the mayor is chosen by 73% of the electorate they better toe the line or they will appear to be favoring a military coup. Is this where the US is headed? Seriously? There are a lot of well armed right wing nut jobs in this country with itchy fingers ready to cross state boundaries on this kind of stuff. We had one get stopped by the police here just a couple years ago in full body armor and armed to the teeth. We need the police. But they have to play by the rules. For everybody's sake.

Policing state and local police is the job of the FBI and the rest of the federal Justice Department. It's just a pity they wasted so much political capital on Wilson's perfectly justified shooting that they didn't feel comfortable launching an official investigation into the Garner case, preferably with an indictment of Pantaleo for violation of Garner's constitutional rights.

As for politics at funerals, it looks to me like that's what Mayor DeBlasio is doing, not the police. After supporting demonstrations that called for killings of police, it's hard to expect the police to stand and applaud when DeBlasio shows up at the funerals of the police that were then killed.

The idea that the shooting was justifiable is reality only in the minds of conservatives who ignore the corruption in the process.

The idea that corruption affected the Wilson case is reality only in the minds of progressives who ignore the realities of police work.

Now, it may have affected the Pantaleo case, but progressives avoid focusing on that because it didn't involve guns. After all, people don't kill people, only guns kill people; deaths that aren't gun deaths don't count for progressives.


That's absurd.

One of the jurors is suing the prosecitor for multiple concerns, there is a bar investigation into misconduct, and Wilson is being looked at for purgery. Witness 40 was known to be a fraud and was presented as a defense witness in an attempt to indict? WTF?????? The jurors were led to that an officer can shoot a fleeing suspect, a law struck down in the 80's. I do not understand how anyone can say 'The shooting was deemed justified." after seeing the lengths the system went to, to make sure there wasn't an indictment. It's scary to think people can't see this for what it is.
We should probably go for a can of vegetables because not only would it be a huge improvement, you'd also be able to eat it at the end.
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Re: Ferguson vs. the Police PT. 2

#331  Postby BWE » Jan 06, 2015 5:16 pm

At a minimum, it is a conclusion only a trial can justify.
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