Mistakenly released DPD After Action Report reveals 27 officers on “shadow operations” at Denver 100 Mask March


DENVER, COLORADO- Hidden deep in the evidence against one of nine protesters arrested at last year’s Guy Fawkes’ Day march in Denver, was an “AFTER ACTION REPORT” never encountered before in discovery evidence available to previous Denver activism defendants. This report has provided the first public mention of “Shadow Teams” deployed on “Shadow Operations” against peaceful demonstrators. Most remarkable was that 27 officers were mobilized for shadow operations, among a total of 169, clocking a total of 1379 man hours, against a rally and march that numbered “around 100” at its peak, to quote the report.

The report was presented to Denver municipal judge Beth Faragher on Monday before the trial of one of the Anonymous arrestees. The judge was asked why discovery evidence didn’t include reports from the “Shadow Teams” detailing, for example, what their shadow operations were. Judge Faragher agreed to continue the trial until September to allow city attorneys to come up with some answers.

One defendant’s lawyer was also provided the Denver Police Department’s Crowd Management Manual, an earlier edition of which was leaked last year by Denver’s Unicorn Riot. The current manual does not differ on this subject and defines Shadow Team as: “A team of officers assigned to identify Persons of Interest as being involved in possible criminal activity based on Reasonable Suspicion.”

There is no disagreement that shadow operations involve undercover officers following targeted activists. The question is what were they doing to maintain their cover? You can’t surveil moving marches from under storefront awnings or hotel windows. To mingle with protesters who have to march with them. To ingratiate yourself with hosts you have to participate. To impress leaders you have to delegate. So what actions were the shadow offices mimicking?

The title “Million Mask March” means to aggregate all the actions across the world demonstrating on Guy Fawkes’ Day, every 5th of November. Individual marches are ridiculed for being mere fractions of a million, in Denver for example, marshalling only a hundred or so. Now, even more humiliating for Denver may be the revelation that up to a quarter of the marchers were undercover cops.

Denver activists are accustomed to infiltrators, such have been photographed and outed regularly, but 27 officers operating in “shadow teams” is news. It may rewrite the last several years of arrest incidents. Arrests of Denver protesters have appeared sporatic and haphazard. Now it seems the targeting may have been restricted to actual protesters, because their shadow companions were not arrestible, by virtue of being cops.

Although Shadow Teams are mentioned in the DPD manual, this After Action Report is the first to itemize their deployment.

Here’s the command structure which list the names of three officers whom lawyers may be able to depose: a Commander Fountain, Lieutenant Mitchell, and Lieutenant Jimenez. Defense lawyers are now considering deposing these officers to learn more about what their operations entail.

Unfortunately the narrative provided in the 4-page after action report does not detail the “shadow” activity. It does however mention the number of anonymous activists which Denver was mobilizing against. From 20 building up to 100 tops. Here’s the full narrative:

Denver Police Department AFTER ACTION REPORT

NARRATIVE OF INCIDENT (Chronological log, if applicable, to be attached)

On 11-05-2015 members of the Denver Police Department were assigned to various locations throughout downtown Denver to monitor the Million Mask March. Response personnel consisted primarily of District SCAT teams, DMU, Metro/Swat and Gang Bureau officers. The MAP Team was staged at 14th and Delaware to facilitate arrest processing. On-duty traffic resources and DPD special units assisted as well. District Six Commander Tony Lopez acted as the Operations Chief and managed activity in the field. The Command Post was maintained at the Denver Crime Lab with representatives from RTD, DSD, DFD, CSP and DHPD.

By 1130 hours about 10 protestors gathered in the 1400 block of Lincoln on the west side of the Capitol. The participants were primarily dressed in black clothing and many were wearing masks. By 1245 hours the crowd grew to over 40 people. They demonstrated peacefully by holding signs and banners. On November 4th the protest group announced a planned march between the hours of 4 – 5 pm. The morning crowds and noon marches that took place in 2013 and 2014 did not occur this year.

Afternoon March

At 1420 hours some group members were observed making signs with spray paint. By 1545 the crowd grew to around 60. At 1640 hours Sergeant Cervera 680 contacted security at the World Trade Center (1625-1675 Broadway) in anticipation of protest activity there (Ben Buthe 720-499-2292 or CP 303-595-7049). DPD was advised that the WTC Plaza closes at 1800 hours.

At approximately 1650 hours officers contacted occupants of a suspicious dark truck NY GMY4295 parked on the elevated lot just east of DPD HQ (1400 blk of Cherokee). The incident checked clear.

At 1700 hours, two individuals wearing Guy Fawkes masks were observed walking southbound in the 1300 block of Delaware and then eastbound on W. 13th Avenue past the south side of DPD HQ.

At 1704 hours the group left northbound on Lincoln from the Capitol. They turned left on the 16th Street Mall but appeared to stay on the east sidewalk. The group turned south on Court Place but quickly crossed the street and walked back toward the Mall. At 1714 hours, some members walked in the street upon being encouraged by an individual with a bullhorn. This action interrupted the RTD Shuttle Service. The entire group then continued their march by walking down the center of the Mall. The Federal Reserve Security office was notified.

At 1725 hours the group rallied a short time at Stout Street and then turned around to march back toward Broadway. They turned west on California and walked toward 15th Street, where they remained on the sidewalk. The group turned right on 15th Street and started an unpermitted march in the street shortly thereafter. DMU officers responded to encourage the protestors back on the sidewalk. Verbal orders were given as well.

The group turned east on Stout and then north on the 16th Street Mall. They rallied for a short time at the Federal Reserve Building at 16th and Arapahoe and then continued northbound on the Mall. The group appeared to number around 100 at this time.

At 1750 hours the demonstrators turned right on Lawrence and marched primarily on the sidewalk toward 17th Street. They stopped momentarily midblock in front of the Westin Hotel then continued outbound on Lawrence. The group turned south on 18th Street where some of the members walked in the street. At 1757 hours, most of the crowd began an unpermitted march in the street 1700 block of Arapahoe. Demonstrators were advised to get out of the street and back on the sidewalk. After refusals to comply, four parties were arrested for the continued violations. Traffic officers diverted vehicular traffic at 18th Street for safety and opened the street at 1805 hours. At 1803 hours a female victim contacted 724A Officer Gates and stated she was assaulted by one of the protestors. District 6 officers were dispatched for the report and an ambulance was called.

The demonstrators continued their march on the sidewalk on Arapahoe toward 16th Street, then turned left on the Mall. They turned west on Curtis and marched across 15th to 14th Street. At 1817 hours an individual wearing a grey backpack with a metal baton attached to the back appeared to be trying to incite a disturbance. The group turned south on 14th and walked toward Champa where they stopped and blocked traffic. At 1820 hours a white male wearing all black with a military-type vest and carrying a backpack with white lettering was advised by police to get out of the street at 14th and Champa.

At 1825 hours the group continued to march south on 14th Street. They crossed California, Welton and Glenarm and then turned east on Tremont. At 1835 hours some members attempted to march in the streets again at 15th and Tremont. DMU officers once again responded to order and marshal the violators back on the sidewalk. The group continued south on 15th Street toward Colfax Avenue. The group marched unpermitted in the streets again on Colfax Avenue eastbound toward Broadway.

At 1844 hours a protestor pushed over DPD Lieutenant Mike Wyatt and bicycle officer Tab Davis at Colfax and Broadway. The suspect was arrested shortly thereafter. A second arrest was made after an individual attempted to “unarrest” the first suspect. At 1858 hours Sergeant Horton reported a felony drug arrest. Once again, traffic and DMU personnel assisted with traffic control in order to maintain a safe environment. Two additional protestors were arrested for disobedience. The protestors ultimately gathered back at the State Capitol and dissipated by around 1930 hours.

Throughout the afternoon and evening, multiple announcements were made by police for the demonstrators to get out of the street. Three Use of Force reports were completed in association with the arrests and three officers suffered injuries. One of the three officers (Cash) was transported to DHMC with a knee injury related to an arrest. Except for those officers involved in an arrest, all units were released by 2000 hours.

The Lindsey Flanigan Courthouse Plaza protest timeline (July 2015 – present)


UPDATED: This is a timeline of the legal battle which began in July 2015 over activists’s right to protest in the Lindsey Flanigan Courthouse Plaza. It explains why activists with Occupy Denver did not believe they were being given lawful orders when commanded to stop and why activists still believe the DPD were wrong to make their arrests. The city’s charges of “encumbrance” and “obstruction” appeared calculated to circumvent a federal injunction protecting the public’s First Amendment rights.

July 27, 2015
Mark Iannicelli and Eric Brandt distribute jury nullification literature at Lindsey Flanigan Courthouse (LFC) plaza. Mark Iannicelli is arrested and jailed for two days, charged with seven felony counts of jury tampering. #15CR03981 (charges dismissed 12/16 by Judge Plotz).

Aug 7
Warrant is issued for arrest of Eric Brandt for same incident, same charges. Eric Brandt is arrested and jailed #15CR04212 (charges dismissed 12/16).

Aug 14
Colorado 2nd Judicial District Chief Judge Michael A. Martinez issues order CJO-1 barring protest, including structures, in LFC plaza. (The Chief Judge later explained that his motivation was to preempt racial unrest on occasion of potential death sentence being given to African American Dexter Lewis, so soon after Aurora Theater Shooter James Holmes, who is white, had been spared the death penalty.)

Aug 17
Through attorney David Lane of Kilmer, Lane & Newman, plaintiffs Eric Verlo, Janet Matzen & Fully Informed Jury Association file complaint for federal injunction protection against continued arrest of jury nullification pamphleteers in LFC plaza

Aug 19
Having become apprized of CJO-1 posted at courthouse, Verlo et al file amended complaint to include a challenge of the “plaza order”. US District Court Judge William J. Martinez grants an injunction hearing for August 21.

Aug 21
1. An AMENDED CJO-1 is posted to courthouse entrance. Colorado Chief Judge Martinez amends PLAZA ORDER prohibitions to apply only to “highlighted area”, not entire plaza.

2. US Judge Martinez hears oral arguments on federal injunction. LFC plaza is stipulated to be not just a “designated” free speech zone but a “traditional” free speech zone.

Aug 25
US District Judge William Martinez grants preliminary injunction, strikes first paragraph from amended plaza order. He rules the prohibitions in the highlighted area cannot limit non-amplified speech, the accosting of passersby, or the distribution of literature.

Aug 26   FOUR ARRESTS
8am: New REDACTED amended CJO-1 [Plaza Order] is posted on glass door of Lindsey Flanigan Courthouse. Occupy Denver activists initiate an all-day protest to distribute FIJA fliers.

10am: Protesters erect a popup canopy which is immediately confiscated by DPD citing activist lack of permit. Other materials confiscated include table, chairs, drums, banners, signs and jury nullification brochures. However there are no arrests or citations.

1pm: City Attorney Wendy Shea agrees to have DPD return confiscated property. DPD equivocates (for two days), citing lack of a specific person to whom property should be released.

3pm: Plaintiffs Verlo et al file motion to hold DPD in contempt of federal injunction for the confiscations. (DPD was later found not to be in contempt because evidence was not conclusive that literature had been confiscated.)

9pm: Occupy Denver erects three tents. DPD and SWAT seize the tents. Four protesters arrested for “obstruction”: William Hall #15GS012195 (took a plea deal: probation and area restriction), Adrian Brown #15GS012196 (trial 3/8, not guilty obstruction & failure to obey, guilty interference, 20 days jail, on appeal), Fred Hendrich #15GS012197 (case dismissed 6/13), Eric Verlo #15GS012198 (trial 1/11, guilty obstruction & interference, 20 days jail, on appeal)

10pm: Remaining protesters stay overnight in sleeping bags awaiting release of arrestees. (Thus begins a 24-hour protest which continues for 56 days.)

Aug 28     ONE CITATION, TWO ARRESTS
4pm: After further calls to city attorney, the canopy is reclaimed from DPD property, and is erected immediately. DPD confiscates it as “encumbrance”. Citation is issued for dog off-leash to Caryn Sorado #15GV552914 (dismissed 11/24 via plea deal)

7pm: Immediately after his delayed release from jail, Adrian “Monk” Brown erects a tent. Within half hour, while walking his dog at South end of plaza, Brown is arrested by DPD and tent is confiscated. #15GS012303 (trial 11/16 w Rodarte, jury finds Brown NOT GUILTY)

8pm: Eric Brandt protests Brown’s arrest, chases DPD Commander Lopez car, arrested. #15GS012304 (trial 8/24 w Spahn)

Sept 1
8am: Hearing before US judge Martinez to hold DPD in contempt. Paying a visit to the Denver Department of Pubic Works, activist learn that there is no permit required for “free speech activity” and furthermore the department does not have jurisdiction over the Lindsey Flanigan Courthouse plaza.

4pm: Activists erect three empty tents marked with bold letters “JURY NULLIFICATION TENTS”. At 6pm, DPD arrives in force to confiscate the three tents, and pass out paper notices [Encumbrance Notice] which read:

“!!Notice!! It is illegal to place ANY encumbrance on the public right of way. An encumbrance is defined as “any article, vehicle or thing whatsoever” which is on “any street, alley, sidewalk, parkway or other public way or place.” D.R.M.C. § 49-246 et. seq. The manager of Public Works may order all encumbrances in the public right-of-way to be removed. The failure to remove items so ordered is a criminal offense; the maximum possible penalty for which is up to one year in the county jail and/or up to $999 fine. PLEASE REMOVE ALL PERSONAL ITEMS FROM THIS AREA. If personal items are not removed immediately, you may be subject to an order of removal at which time all items will be subject to removal by the Denver Police Department. Agency – Denver Police Department”

The Denver ordinance cited above reads:

“§ 49-246. The manager of public works or the manager’s designee (hereinafter in this article, “manager”) is authorized to remove or to order the removal of any article, vehicle or thing whatsoever encumbering any street, alley, sidewalk, parkway or other public way or place (any such thing hereinafter in this article to be called an “encumbrance”). The manager may prescribe appropriate methods, specifications, placement and materials for encumbrances in the public right-of-way.”

Sept 3
US District Court Judge William Martinez rules DPD is not in contempt because evidence was not conclusive that literature had been confiscated. (Note: plaintiff’s order to show cause was filed on 8/26 before that evening’s arrests.)

Sept 7
In the LFC Plaza, city workers install steel signs in center of plaza which read: “NOTICE In reference to DRMC Sec. 49-246 this plaza must remain free from all encumbrances/obstructions – Denver Public Works”

Sept 8
4:30pm: DPD conducts sixth raid on protest, confiscating everything that can’t be gathered and held by activists.

Sept 11
Night raid, to avoid arrest everyone must stand and gather personal items as if to leave.

Sept 12
DPD Night raid. Everyone made to stand, no arrests.

plaza-handcuffs-timothy-campbell-nmt

Sept 13
Night raid, stop and frisk of Timothy Campbell because he “looked threatening” to an HSS security guard. Campbell is handcuffed but released. Michael Moore is issued a citation for having his dog Lizzie off leash #15GS013171 (1/5 plea deal, six month probation).

Sept 14
DPD confiscates “encumbrances”: chairs, flags, banners, toilet paper

Sept 15
While Michael Moore is loudly protesting at doors of jail about delayed release of Eric Brandt, jail deputies assault Moore and attempt to take him into custody. DPD arrives and delivers Moore to Detox. No arrests.

Sept 16   ONE ARREST
Surveillance operator observes Jose “Pedro” Trejo urinating in public. DPD force arrives, Pedro arrested #15GS013298 (Plea deal, time served, $50 fine).

Sept 17
1am night raid makes 12th raid. DPD threaten arrest for “violation of urban camping ban”

Sept 18   FOUR ARRESTS
While activists are celebrating 4th anniversary of Occupy Wall Street, DPD evict assembly citing encumbrances, arrest Eric Brandt #15GS013512 (trial 8/29 w Spahn) and confiscate majority of protest equipment and personal property, warn others to leave and face arrest upon return. Activists return and DPD arrest three more: Adrian Brown #15GS013537 (dismissed 3/18), Jay Maxwell #15GS013517 (plea deal, year probation), and Timothy Campbell who is tackled and charged with assault #15CR05088 (jailed 4 days, charges dropped 9/22).

Via their attorney, plaintiffs Verlo et al receive Spoliation Letter to preserve all correspondence, media, eg. evidence of activities in plaza, from August 2015 onward.

Sept 19   ONE ARREST
2:38am: Later that night, Mark Iannicelli is arrested for not removing his chair from plaza #15GS013527 (District court considering motion to dismiss)

Sept 24   THREE ARRESTS
Possible police agent sent into camp to provoke fight. Arrest of Adrian Brown #15M08835 (charges dropped) and Matthew Lentz #15CR05197 (jailed 5 days, charges dropped 9/28). Brandt arrested for interference #15GS013823 (6/13 trial ended in hung jury. Retrial is 8/1 w Faragher).

Sept 25
Adrian Brown files motion for expanded discovery on 8/26 tent arrest case (#15GS012196). Sept 25 is before the 30 day period after which HALO camera footage is regularly overwritten. (Other 8/26 defendants will be told their discovery motions were filed too late to prevent destruction of HALO surveillance video. Although all motions were similarly worded and requested the identical evening’s footage at Brown.)

City challenges temporary injunction with US Court of Appeals.

4pm: CURFEW notice posted by City workers who install eight steel signs on periphery of plaza declaring a curfew. Signs read:

“NOTICE The grounds of the Lindsey-Flanigan Courthouse and the Denver Detention Center are closed to the public from 8:30PM until 7:30AM. Except to conduct official business within tne facilities. Violators are subject to citation or arrest pursuant to D.R.M.C 38-115”

7:25pm: Activist are driven off the plaza by DPD. Protest continues overnight on sidewalk along Colfax Ave. DPD conduct night raid forcing everyone to stand and gather sleeping bags as usual.

Sept 26
Protest relocates across Colfax Ave to triangle shaped park on Northwest corner of Tremont and Colfax.

Sept 28?
After an activist discussion of an alternative fallback location being the plaza in front of the Wellington Webb Building, we discover curfew signs have now been posted there too.

Sep 30
City of Denver files motion to dismiss injunction.

Oct 6   ONE ARREST
Possible infiltrator disrupts camp by stealing property. She is ousted by Caryn Sodaro but later files a complaint in municipal court seeking a protection order against Sodaro. Warrant is issued for Sodaro’s arrest #15GS014734 (11/18 plea deal, 150 days jail).

Oct 9
Plaintiff files response to motion to dismiss.

Oct 16
Reply brief by plaintiffs

Oct 21   ONE ARREST
On first day of rain since plaza protest began, DPD effects full eviction of COLFAX CAMP. Confiscates personal property and protest materials. Hauls much of it in a garbage truck. Eric Brandt is arrested for obstruction and interference #15GS015407 (trial 9/7 w Spahn)

Oct 26
Reply from plaintiffs.

Nov 12
Reply in support of defense

Nov 16
Jury finds Monk Brown no guilty of 8/28 obstruction. Judge Nicole Rodarte in 3G. Deputy city attorney prosecuted the case.

Nov 17
Oral arguments to court of appeals, courtroom III

Dec 16
Denver District Court Judge Kenneth Plotz dismisses Jury Tampering charges against Mark Iannicelli and Eric Brandt (city does not appeal).

Jan 11
8/26 tent arrestee Eric Verlo found guilty of obstruction and interference, 20 days jail. Represented by public defender. On appeal based on ineffective assistance of counsel.

Jan 13
City makes first request for plaintiffs to show documents to defendants, as per spoliation letter. (Meanwhile activist defendants have received discovery motion responses that surveillance video is overwritten and all of city correspondence is privileged.)

Feb 1
Plaintiffs Verlo et al are informed that US District Judge William Martinez wishes to hold a full trial to consider a permanent injunction. Depositions will be recorded on Feb 12.

March 8
8/26 tent arrestee Monk Brown found not guilty of obstruction and failure to obey, but guilty on interference, sentenced to 20 days jail, on appeal based in inconsistent verdict.

March 16
Mark Iannicelli arrested again distributing JN fliers #16GS003320. He’s detained and cited for harassment and violation of CJO-1. Released within hours, charges dropped are 3/18.

May 2
Verlo et al file motion to show cause why former Denver defendants should not be held in contempt of court for the March 16 arrest of Mark Iannicelli. Filing was delayed because city refused to produce discovery evidence. Plaintiffs had to file a CORA request to learn facts of Iannicelli’s arrest.

May 11
Deposition of Chief Justice Michael Martinez

May 31
Order received from Federal Judge William Martinez:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Per D.C.COLO.LCivR 7.1(d) and Federal Rule of Civil Procedure 6(d), the Denver Defendants’ deadline to respond was May 26, 2016. Denver filed nothing on that date, and has since filed nothing. Accordingly, the Court could deem the motion confessed. Solely in the interests of justice, however, Denver is ORDERED to file a response on or before June 3, 2016. No reply will be accepted without prior order or leave of Court. SO ORDERED by Judge William J. Martinez on 05/31/2016.

June 1
Motion to dismiss 8/28 chair arrest of Mark Iannicelli moves case to district court. Dismissal expected.

June 3
City responds to motion to show cause.

June 13
Fred Henrich 8/26 tent case dismissed.

June 20
Federal judge William Martinez responds:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Given the nature of the alleged violation of this Court’s preliminary injunction, and given the lack of evidence that the alleged violation presents an ongoing problem, the Court sees no pressing reason to address potential contempt at this time. Plaintiffs are therefore DIRECTED to file a notice, no later than June 24, 2016, explaining why the Court should give priority to their motion. Otherwise, the Court intends to set this matter for a hearing immediately following the bench trial scheduled to begin on April 17, 2017 between Plaintiffs and the Second Judicial District. SO ORDERED by Judge William J. Martinez on 06/20/2016.

June 22
Jury trial for Eric Brandt’s 9/24 interference arrest results in hung jury. Retrial scheduled for 8/1 w Judge Faragher.

—-

NOTES:
A. List of 2015-16 plaza arrests (20) & citations (2)

No. Name: Date: Offense: Result:
1. Mark Iannicelli 7/27 (jury tampering) DISMISSED 12/16
2. Eric Brandt 7/27 (jury tampering) DISMISSED 12/16
3. William “Reno” Hall 8/26 TENT (obstr.) PLEA, prob., area restriction
4. Adrian “Monk” Brown 8/26 TENT (obstruction) NOT GUILTY obstruct & failure, GUILTY interference
5. Fred Hendrich 8/26 TENT (obstruction, interference, failure to obey) DISMISSED 6/13
6. Eric Verlo 8/26 TENT (obstruction, interference) GUILTY, 20 days jail, on appeal
7. Caryn Sodaro 8/28 (DOG citation) PLEA deal
8. Adrian “Monk” Brown 8/28 TENT (obstruction) NOT GUILTY 11/17
9. Eric Brandt 8/28 (failure to obey) ***trial 8/24
10. Michael Moore 9/13 (DOG citation) PLEA deal
11. Jose “Pedro” Trejo 9/16 (urinating in public) PLEA deal
12. Eric Brandt 9/18 TARP (obstruction) ***trial 8/29
13. Jay Maxwell 9/18 HANDCART (obstruction) PLEA deal
14. Adrian “Monk” Brown 9/18 A COOLER (obstr) DISMISSED 3/8
15. Tim Campbell 9/18 (assault/resisting) DROPPED
16. Mark Iannicelli 9/19 CHAIR (obstruction) to be dismissed
17. Matthew Lentz 9/24 (assault) DROPPED
18. Adrian “Monk” Brown 9/24 (assault) DROPPED
19. Eric Brandt 9/24 (interference) ***hung jury, retrial 8/1
20. Caryn Sodaro 10/6 (disturb, threats) PLEA deal, 150 days concurrent
21. Eric Brandt 10/21 WET PILE (obstruction) ***trial 9/7
22. Mark Iannicelli 3/16/2016 (harassment, violation of CJO-1) DISMISSED

B. Running tally:
Cases dropped or dismissed: 9
Not guilty verdict, obstruction: 2
Guilty verdict, interference: 1
Guilty verdict, obstruction & interference: 1
Plea deals: 6
Cases outstanding: 4

3. Trials still scheduled:
August 1, Eric Brandt (9/24 interloper interference), RETRIAL, LFC 3H
August 24, Eric Brandt (8/28 Lopez failure to obey), jury trial, LFC 3F
August 29, Eric Brandt (9/18 tarp obstruction), jury trial, LFC 3F
September 7, Eric Brandt (10/21 Tremont obstruct.), jury trial, LFC 3F
April 17-19, 2017, Verlo v Martinez, permanent injunction, Araj Federal Courthouse Rm A801

HOW TO GET OUT OF JURY DUTY

[Disclaimer: Jury duty is a service we owe our fellow citizens. It is a critical community responsibility. That said. If you really absolutely can’t. This instructional allows you to make an alternative civic contribution.]

Here’s how to get out of jury duty. GUARANTEED to work. I just did it and you can too, without getting into trouble, without feeling like you’re not being a responsible member of society, and while providing a laudable service to other prospective jurors in the courtroom, not least of all to the defendant.

Please note: This doesn’t work for civil trials. To get yourself out of adjudicating a civil dispute you need a pressing previous engagement. For criminal cases, this single spoken line will make defense attorneys love you but more to the point, city prosecutors will immediately wipe you from the list and hope you never show up to pee in their jury pool again.

I’m talking about being an apostle for “jury nullification”. That’s two words, and they’re fully legal. But please, please, do explain them or you really will be copping out. You have a constitutionally guaranteed right to talk about jury nullification. And where better than in front of prospective jurors about to take responsibility for a defendant’s fate?

Here’s how it works. Every jury selection involves “voir dire”, where attorneys question potential jurors to weed out difficult ones. During every voir dire the prosecution will ask “Is there anyone here who cannot follow what the judge instructs you to do?”

Take a deep breath, raise your hand, that’s your cue.

The prosecutor will likely elaborate, to pretend you may have misheard. “Does anyone think they don’t have to reach a verdict based on the judge’s expert instructions?”

The prosecutor may have already explained that jurors are often surprised to find their own interpretation of the law at odds with that of the judge. Regardless of personal feelings, the prosecutor will insist, jurors must weigh the evidence according to the law AS INSTRUCTED.

Your hand is still raised. You answer:

“Not really. The legal principle of jury nullification holds that it’s a citizen’s responsibility to consider their conscience in whether or not a law is applied or how it is applied.”

A foolish prosecutor will ask you to explain, and you can.

“Jury Nullification is the only way that people have changed repressive laws in this country. The decision to discard unfair or abusive laws is made by juries who refuse to enforce them. Jurors, for example, who came to feel that maybe it shouldn’t be illegal for slaves to run away from slave owners.”

At this point you are essentially contaminating the jury with a very subversive idea. Though you’ll be eliminated, the concept will hang in the back of the other jurors’ heads. If the prosecutor wants to hear more, or wants to debate, let them have it.

“The constitution guarantees us all the right to a trial by a jury of our peers. Not a jury composed of judges. Of peers. That’s us. Common citizens, like the defendant. A jury of peers are meant to provide parity against an abusive justice system or government.”

Very likely the jury orientation video or presentation in the jury assembly room will have mentioned that Thomas Jefferson considered the right to be a juror more valuable than the right to vote. You can invoke their own propaganda.

“If Thomas Jefferson valued the individual power of a juror over the power to vote in elections, you can bet he was talking about more than just walking into a jury box, doing what the judge told you, and walking out.”

At this point a prosecuting attorney might try to ostracize you by asking “does anyone else agree with this person?” Most will submissively shake their heads and frown, but quick thinking prospects will raise their hands too. If they do, and if they have grasped what you are saying, they too will be excused. You have essentially offered everyone the chance to escape this jury if they want to.

At worse, the slower thinkers will revisit your words as they spend the next hours and days getting to know the defendant. Very likely the prosecutor will be up at the bench, motioning for a fresh pool of jurors.

There is of course more you can say. You need only respond to what is asked, so as not to look like you’re being deliberate. Relax, the defense team will have their turn and they are CERTAIN to revisit the subject you’ve raised. The judge might prevent them from letting you ramble on, but make the most of it until that happens.

“Pot laws had to be relaxed when juries stopped convicting smokers of what they considered to be victimless crimes. Judges didn’t do that. Juries did.”

“And think about it: should poor people really be prosecuted if they have to shoplift food to feed themselves? Shouldn’t that be for a jury of poor people to decide?”

“And what if you realize that our prisons and jails are too full, and certainly too full of a disproportionate number of people of color? If police and judges are going to keep targeting certain people for convictions, how will we ever empty the jails? Thoughtful jurors can do it!”

“And the joy if it is, it only takes one juror on the jury to stand up for the defendant. Guilty verdicts require a unanimous vote. Just one juror can deprive the state of a conviction. That one juror who saves the defendant’s neck can be YOU!”

Don’t feel bad if the defense attorney doesn’t exploit you as much as you’d like. Keep in mind the defense attorney is incurring the wrath of the judge the longer you go on.

All US lawyers are forbidden to talk about jury nullification unless the subject comes up. Of course a defense attorney cannot ask a jury to disregard the law, but once you’ve brought up the legal concept, it’s their golden opportunity to kick the idea around.

Was Stanford rapist’s punishment lax or are standard sentences too punitive?

I’m not sure the length of prison sentences is a measure of society’s repudiation of rape culture. If severity of punishment was a gage of our social objectives, property crimes would carry the greatest stigma. I have no sypathy, not even empathy, for rapists, nor frat boys, nor white macho crap. I think convicted rapist Brock Turner is a glaring example of white male privilege. He may also be the embodiment of its most casual excesses, and his six month sentence is an embarassment to a justice system that throws away the key for less white perpetrators. However I do loath how easily the public is made to cheer for greater punishment in lieu of a more humane perspective. Apprehending a live criminal, as opposed to killing him like so many others, should not prompt calls for equal mistreatment. Rapists should be chemically castrated, fine. There’s no evidence that longer prison terms helps reduce sexual assaults, so why automatically call for more harsh punishment?

Sorry Rage, Trump Ain’t the Machine

Immortan DonaldThere’s news from Cleveland, about to host the 2016 RNC Republican National Convention. Rage Against the Machine is planning a reprise of the show they PUT ON for DNC 2008 where they harnessed teen angst against America’s dystopian future (thus against its corporate party conventions) but FOR Barack Obama.

In 2008 the House of Bush was already falling. Now it’s 2016 and this time Immortan Joe is the ascendant Donald Trump apparently. Because Trump is a thought-criminal and troll racist, it seems that all pop, sub, and call-out culture agents agree that the next US president must not be Trump. I find it not in the least ironic that the machine thinks so too.

Rage Against the Machine’s Tom Morello is scheduling an encore performance of Denver’s DNC 2008, another counter-subversive star turn for the Democratic Party. In 2008 Rage quelled unrest to smooth the reception for Change Double-Agent Barack Obama. The corporate TM Rebels want to do the same for Hillary, this time directing their indignation at social injustice provocateur Donald Trump.


In 2008, Rage harnessed teen and counterculture angst and hitched it tightly to a stake in the mosh pit, a political assembly agitated but meant to go nowhere. Rage threw a free performance which drew thousands from the streets, as if a Rage concert memory would match the excitement of a protested convention. Of course those who were waylaid will never know. Even seasoned activists fell for the lure because Rage promised afterward to lead their stadium audience straight to the Pepsi Center to confront Obama and the DNC.


Not what happened. RAGE appointed Iraq Veterans Against the War as their favored antiwar agitants, whose MO has always been commemorative not rebellious, crowd participation encouraged only under a strict chain of cammand. With the IVAW, Rage members led the audience on stations of the cross “march” across downtown Denver exhausting protest energy and converting participants into spectators. It looks like Morello intends to do the same thing for Cleveland.

And I have no doubt they’ll succeed. Already social justice movements are feeding the trolls as if Donald Trump wasn’t merely another Westboro blowhard. Radicals from Antifas to Zapatistas think Trump is the face of US Fascism and must be stopped. Trump does spout ignorance and racism, though he hasn’t bombed or executed anyone. Does Trump embolden American racists and zenophobes or is that the machine’s framing?

Must Trump’s idiocies be rebutted? Must, for example, the Westboro Baptist Church be counterprotested? Normally everyone gets the wisdom of not feeding the trolls.

Once more the Hippie Bard takes keyboard in hand..

Some might be asking themselves (as I often do) “Self, just what in Hell is Brother Jonah thinking, ragging on obscure moments in American and British history and raggin’ on the Queen?” Hmmm…

Perhaps it has much ado about something. Like the partitioning of Arabia which has taken an uncounted (by me) number of wars to keep in about the same political and religious boundaries.

Here I should interject the very much related wars on the ol’ Pipeline Grid such as VietNam, Thailand, (they host U.S. Air Farce Bases) (so do about two thirds of the countries around) India in all its manifestations, Ceylon which is now Sri Lanka as per the wishes of the people there, same with Mumbai, Bangladesh, Afghanistan, the new yet strangely ancient British and American policies to keep China as a client state rather than a superpower (way too late, fellas, way too late) by encircling them militarily and economically… but let’s start with the partitioning of Arabia. The Saudi, Jordanian, Yemeni, defunct Syrian and Iraqi, Kuwaiti etc Royal Houses have been placed on their thrones not by genuine common consent of the people the Kings and Emirs but by the Armed Forces and on behalf by the British and American 1% oil (and every other marketable commodity) cartels.

By the way Iran is not an Arabic nation. They’re Persian and the muddled inclusion in the Arabian bloc by people who say stupid shit like “well, they’re all alike” just pisses off some people.

While the Queen doesn’t have full political power in England or her royal former colonial empire, she IS a major shareholder in British Petroleum. The ones who screwed up the Gulf of Mexico and told the American/Mexican/Cuban and all other nations to mind our own business, they would take care of everything and we should just run along and play somewhere.

Economic concerns fuel military affairs. In the case oil, fueling is the correct word.

AND.. the 3 leading Protestant churches in America, Methodist, Baptist and AOG, are offspring of the Episcopal Church. And there’s movements in these churches to re-start the Crusades. Taking ISIS and al Qaeda as the excuse.

I have witnessed the Colorado prison and jail system allowing and encouraging volunteer Religious Leaders who spread the Gospel of Hate and exclude as many dissenters to that perverted gospel as possible. I’ll assume here that it’s a nationwide deal. Radicalizing American prisoners, many of whom are actually habitual violent criminals, to continue a war inflamed by the actions in behalf of the 1%.

And insisting all along that every “Ay-rab” meaning every Muslim in the entire world (it hurts my brain to translate Standard English into Standard Redneck) is born with a bomb in his or her hand.

maybe not that extreme, but hyperbole spawns hyperbole.  It doesn’t matter who gets in the way of the bullets or shrapnel, not to the bigpigs at least.

You might remember this…

“Charlie asd Camilla almost got their asses dragged out of their limo and street just would have prevailed, blue blood would have flowed in the gutters of London etc… (sic) the London Anarchists found a neat way to defeat kettling”

Maybe the rich bitch establishment ought to really worry about reprisals.Their gated communities can be kettled and turned into ghettoes in the most real definition of the term.

By volunteers who probably wouldn’t ask a dime in pay, merely a just society for their children.

One in which their kids or siblings or parents won’t be shot down in the street by the cops. Or shot in their own homes. I hadn’t been up here a red hot two months when the Denver cops shot a man to death in his bed, said they saw him “reaching for something” and the evidence at their automatic acquittal hearing was their word against that of a dead man. Then they charged the victim’s nephew for the killing because he wasn’t home when they went in to serve a warrant on him but shot his uncle instead. True Story, from the summer of ’04.

They obviously want war, or think they do. Or at least their masters believe they’ll come out on top.

But their social doctrine is entwined and mirrored in Capitalism. Which is a pyramid scheme, can’t last forever and when it falls, and their social doctrine goes down with the supply of non-existent money, based on resources they don’t actually have… too bad, right? Only we’ll have the privilege of joining them in their misery.

Ask the candidates: who, as president, vows to jail Obama, Clinton and Bush?


If Americans really want to differentiate which presidential candidate represents change, a good question would be, which will prosecute America’s celebrity war criminals? Who, among them, will jail past leaders guilty of crimes against humanity?

Obama 2008 didn’t do it. President Obama didn’t even close Guantanamo, end torture, or disarm drones. By failing to curb Pax America’s wars of aggression, Obama too should now stand in the docket. Wasn’t it hoped, as Bush and Cheney helivac’d from the White House, that Obama’s “change” meant calling that chopper back for a return to accountability? At minimum, superficially? Justice didn’t happen, Obama didn’t want to look back, and the villains remain to foul the political discourse as foils to perpetuate high crimes and to normalize the forgiving of greater trespasses.

Is American exceptionalism fathomless? ISIS hasn’t grown out of the terrible twos yet already John Kerry wants to charge it with genocide; not to haul ISIS perps before the Hague –extrajudicial assassination by drone circumvents that– but because genocide law holds that those who do not condemn it are its accessories.

How far does culpability reach among our active enablers of war crimes? It extends into our pool of candidates certainly, but how far? Does Senator Bernie Sanders, at one edge, consider himself an accessory to the crimes of past and current administrations? It’s possible Sanders voted against the wars, interventions and regime changes, but will he prosecute those who did not?

Donald Trump stands on the periphery as well, avaritic criminality is not alas a purview of the International Criminal Court, but he does seem an unlikely candidate for honoring the rule of law let alone conscience.

Still, would it hurt to ask? An independent party candidate might have the only acceptable answer. Who, as president, will honor humanity’s highest laws? Who will hold state terrorists accountable?

Denver art student informs Tale of Two Hoodies with Goya’s Third of May 1808. This KKK cop executes the black child.

A Tale of Two Hoodies
DENVER, COLORADO- Here’s what the Denver Post article didn’t explain about the Denver high school art student who was pressured to remove her controversial piece from public display. Where was it being shown? At the Wellington Webb Building. That’s not irrelevant because it’s where viewers became offended. You could go inquire about the incident, if you knew where to ask, or where to protest the work’s removal. The WELLINGTON WEBB BUILDING downtown on Colfax. What’s so controversial, the scene is real isn’t it? There’s more.

The student’s drawing is essentially a reproduction of Michael D’Antuono’s 2014 piece “A Tale of Two Hoodies” which still sparks outrage. Missing in this version is the bag of Skittles which the black child offers the cop, locking the two figures in a standoff. Or obviously a mugging. The Skittles of course recalls Trayvon Martin and we know how that ended. The hands in the air references “Hands Up Don’t Shoot” and Michael Brown who shared the same fate.

Original 2014 workAll else about the Denver student’s contextualization of D’Antuono’s work is the same, the confederate flag uncovered from beneath the wallpaper of Old Glory. In the student’s piece the American flag appears worn through. In D’Ontuono’s original the racist flag has bursted through. The cop and hood are the same, except in the original the cop was maybe more fat.

What’s also missing in the DenPo whitewash is the context of the unamed student’s assignment. She was tasked with contextualizing TWO works. The influence of the second piece is not as apparent as the first. The boy’s hands-up wasn’t merely recalling the mantra of the Black Lives Matter movement, it was evoking the student’s other chosen influence, Goya’s famous “The Third of May 1808.” In that iconic work, a firing squad is executing a rebel with outstretched arms.

KNOWING THIS, you can see the student’s policeman has drawn his gun for an EXECUTION, not an arrest. The boy is not following an order or raising his hands in surrender. If even in resignation, this boy’s upheld arms communicate a plea. How does that inform you about this young Denver student’s understanding of “Hands Up Don’t Shoot” or “I Can’t Breathe”?

The officer’s Klan hood certifies that this shooting is a lynching. Many lynchings in the traditional sense were perpetrated by deputized citizens.

Denver Chief of Police Robert White said of the student’s work: “I’m greatly concerned about how this painting portrays the police.” Well sure, and Chief White didn’t know the half of it.

Should you go complain at the Wellington Webb Building? The Denpo article mentions Chief White intends to “have a conversation with the student and her parents.” You may want to caution that the Office of the Independent Monitor be invited attend that conversation, as a ride-along so to speak, to assure it isn’t the one-sided transaction to which we are becoming accostomed and inured.

Does Chief White think that racially enhanced officer involved extrajudicial executions should not be a student’s concern? He needs to look past what offended him and try to understand the art piece before he forces a conversation. Or what kind of conversation will it be. The student has already made her statement.

FOOTNOTE:
Here’s what Michael D’Antuono had to say about his original work. I’ve updated the original broken links:

This painting, created during the Trayvon Martin case, symbolizes the travesty of racism in the criminal justice system. It has been the object of much controversy and censorship. In 2014, I was Incensed that George Zimmerman was trying to profit from his notoriety for killing an unarmed teenager by auctioning his painting on eBay. In response, I put this piece on eBay with half of the proceeds going to the Trayvon Martin Foundation. The very same day Zimmerman sold his painting for $100,000, and as soon as it became evident that my piece was on par to pass Zimmerman’s mark, eBay shut mine down for violating their strict policy of not selling anything on their site glorifying hate groups or showing anything symbolic of the Klu Klux Klan. The hypocrisy of eBay was that at the time they killed my auction, they were selling over 1500 other items related to the KKK. Misrepresenting it’s meaning, a hate group co-opted the piece in 2015, passing out flyers in Southfield, Michigan. In 2016, a high school teacher in Nevada, was suspended for using the painting to inspire critical though.

Obama nominates TORTURE JUDGE Merrick Garland to U.S. Supreme Court

Elect a Democrat to the presidency to ensure progressive Supreme Court nominees. Elect a Democrat to end wars and prosecute war criminals. Elect a Democrat so we can close Guantanamo. After two years President Obama is finally hinting he’ll close Guantanamo (though missing the point, he’ll imprison its inmates elsewhere). The wars are not only ongoing, American troops are quietly mobilizing for a significant upcoming deployment, and Dick Cheney and ilk are still on television being consulted as experts. AND as concerns favorable supreme court justices, Obama has just nominated another moderate, Merrick Garland, who in his stint as appellate judge, defended George W. Bush’s torture and detainment policies in Guantanamo.

Denver jury convicts homeless man of trespassing on their yuppy lifestyle. DJ Razee’s tiny house idea was too big.

Delbert J. Razee
DENVER, COLORADO- In the witness stand Delbert “DJ” Razee spoke eloquently about the Tiny House movement and Resurrection Village, a local experiment sponsored by advocates Denver Homeless Out Loud to suggest one remedy for the house-less of Colorado. Razee’s lawyer Frank Ingham made fools of the Denver Housing Authority stooge and four police officers who testified against the chronically homeless English Lit grad. Razee was charged with trespass on public land, on an empty city block which was supposed to have been used for affordable housing. Razee was among ten homeless activists arrested one night in November for refusing to vacate several very small structures they’d erected on property which the DHA was converting from a community garden to gentrified condos. After two days of trial, a jury of well-housed peers found Razee guilty, lest others of his untouchable caste darken their doorsteps or the vacant lots near them. On Thursday March 3rd at 8:30am DJ Razee reports to Judge Beth Faragher for sentencing.

It was an amazing trial. While his compatriots sought continuances or plea deals, DJ held his ground and never waived speedy trial. DJ was impatient to put the Denver Housing Authority on the stand. Their representative Ryan Tobin blew off a February 3rd subpoena, but when DJ’s lawyer Frank Ingham cross-examined Tobin on the 22nd, Tobin incriminated himself more than Razee. Ryan Tobin was the DHA goon who pressed charges against the activists for trespassing on the public lot opposite his $650K home. Tobin also sought a protection order against one of the activists, which restrained that person from approaching not just Tobin but the entire public lot. Can one do that? The protection order didn’t come up at DJ’s trial.

DHA
The DHA is a quasi-municipal entity which handles city property meant to accomodate lower income residents. The DHA is Denver’s second largest property owner. The city blocks at 26th and Lawrence used to be low income housing but have been razed for years. More recently a portion was used for a community garden but the DHA was evicting the urban farmers to sell the block to a high rise developer.

The logic offered was that DHA could use the proceeds of land speculation to build more affordable housing elsewhere. That strategy might impress business people but it’s clearly absurd. Instead of being a counterbalance to gentrification, this housing authority thinks its role is to be a tool for displacement.

Tobin’s testimony will benefit all the Tiny House defendants, depending on their juries. DJ is only the first of the arrestees to be brought to trial. Tobin admitted he had never clearly expressed who had the authority to issue a trespass order. Tobin also couldn’t say who precisely was present when he made his initial announcement to the group, although he claimed it was “everyone”. This was a chief contention of the city attorneys.

How about an sidebar for activists, as a sort of debrief:

On Tobin’s first visit, someone among the activists called EVERYONE together to listen to his announcement, austensibly to have a dialog. As a matter of practice this was regretable. First, because the action was already underway and there was no expectation that dialog could or should redirect the action. Second, it presented exactly what an authority issuing a formal notice needed: everyone in one place to BE GIVEN NOTICE.

Two, the city prosecutors used a video recording of the event, made by the activists themselves, to prove that the trespassers had received notice. While the taped discussion was not so clear, and the many subsequent announcements over police bullhorns were garbled, it didn’t help that the videographer offered narration to make what was being said explicit to viewers and bystanders. Offering, for example: “so basically we’ve been given notice that if we don’t leave the cops will come to arrest us.” Which alas is the confirmation prosecutors need that lawful orders were understood.

Although the city sought to incriminate Razee with the video, the footage provided wonderful context for the larger issue, the paradox faced by the homeless, had the jury been receptive. It also captured Ryan Tobin’s cavalier attitude about housing inequities. When he was asked by the group “Move along to where?” Tobin made this thoughtless suggestion: “Where did you come from?” Boos from his audience at the scene were echoed by the viewers in the courtroom.

Ryan Tobin couldn’t identify DJ at all, neither that he’d given DJ notice to leave, nor that he’d ever seen DJ before in his life. DJ described Tobin’s failure to recognize him in a FB post:

For six weeks, from October 23rd until December 9th, I shoveled the walks, carted away the trash, and resided at Resurrection Village at the same location as Sustainability Park, and Ryan Tobin who lives directly across the street from the property, testified that he has never seen my face. Of course, he hadn’t- I am one of the invisible people who is a criminal in the eyes of the housed, and the law.

DPD
The testimony of four DPD officers was also self-damning. Neither commander, nor lieutenants, nor arresting officer could fully justify why they deployed in combat gear. Even the jurors were set back by the militarized atmosphere, the helicopter overhead, and the overabundance of cops for a TRESPASS INFRACTION. About the helicopter, a lieutenant claimed she called in a mere “fly-by” but police video proved it hovered for nearly an hour.

One amusing aspect for many of us in the audience, was how the DPD witnesses would always refer to the offending activists as “Occupiers”. Denver Homeless Out Loud, in its need to gain cooperation with civic and law enforcement entities, takes great pains to distance itself from its roots in Occupy Denver. At any demonstration in Denver, an “Occupy” presence, usually merely the familiar OD faces, always means an escalated police escort and unseen armored-up reserves. While it may have been inaccurate to label the Tiny House trespassers as occupiers, it’s true that when protesters are holding their ground in Denver, refusing police orders, they are occupying. Like the Black Bloc, it’s not a who, it’s a tactic.

Attending the trials of activists is worth it if only to hear the testimony of the police. You learn what they’re trained to do, what their objectives are, and what they think you’re doing. Most officers, even commanders, think we need a permit to demonstrate. HA!

The first four witnesses could not place DJ at the scene, but the arresting officer finally fingered the accused. Asked if he could identify DJ, he pointed to the defendant’s table and described DJ’s courtroom attire for the record. You have to wonder if police witnesses look to the defendant’s chair by default, without regard to what they remember. How could they remember so many arrestees, months after the incident? I’m guessing that anyone sitting in DJ’s seat would have been ID’d as DJ.

I pose this question because of how DJ’s arresting officer was allowed to identify DJ on the crime scene video. Instead of letting the video play through and asking the officer if DJ appeared on the video and where, DJ’s prosecutors froze the video when the camera lingered on DJ and then asked the officer to ID him. The defense counsel objected vehemently and when overruled he motioned for a mistrial. So the judge reconsidered and granted Ingham’s motion. She then asked the jury to disregard the officer’s response and she made the prosecutor play the video again without prompting the officer, even though of course now he knew at which frame DJ appeared.

The jury
The entire trial was so farcical and so mercenary considering the inconsequence of the charge, that audience members were certain the jury was empathic to DJ and the victimization of Denver’s homeless. Nope. We knew from Voir Dire that the jury included an entrepreneur, a trader, and an inheritance consultant. All but one of the NPR listeners had been eliminated but we hoped she’d be a holdout. It was not to be. When the jury emerged with its verdict, the foreman carrying the written decision was the fratboy day trader.

Fratboy had been the juror submitting written questions to supplement what neither attorney had asked. We knew from the bent of his inquiries that he was playing a role that defense attorneys fear, a self-deputized investigator for the prosecutor, filling in the gaps of the testimony, seeking, if even unconsciously, to eliminate the “reasonable doubt” which is supposed to remain as a reason to aquit. That’s why defense attorneys generally object to Colorado’s rule allowing jurors to interject with their own questions to witnesses. On the plus side, such questions do offer both sides a hint of where those jurors are leaning.

As Denver gentrifies, it should be no surprise that juries will represent the affluent more than the demographics being displaced. DJ’s jury had absolutely zero concern for punishing a homeless man for his elegant protest gesture or for his unresolved circumstance. They laughed and made no eye contact with the audience as they turned their backs to return to their homes and leave a homeless man in greater jeopardy with the penal system.

DJ was not tried by a jury of his peers. Can the homeless get justice in the US court system? American juries are racist and classist, but you’re unlikely to find someone more untouchable to jurors than someone who is dispossessed.

As activists, we’ve got to do something about these Denver juries. Advocating for jury nullification is not enough. Denver’s urban social climbers need a welcome-to-the-community brochure, or swift kicks in the ass until they acknowledge there’s a brotherhood of man.

Even the Pope doesn’t want Trump. Uh, who is more status quo than the Pope?

When is the last time the corporate media was on your side? The fact that every news pundit opposes Donald Trump’s candidacy should indicate the real threat his election bid poses to the powers that be. Consider too that you are only seeing Trump through their lens. His lunacy and inanity are colored by their filter. What have you heard beside outlandish hyperbole? Is Trump a racist? In the hospitality business, most of his customers and his workforce cross the border. Fences? Bans? Trump is trolling, he’s saying whatever wins him attention over airwaves throttled and moderated by hostile gatekeepers. Neither Fox nor NPR want to consider Donald Trump “electable”. What does that say?!

What gets me is the left’s kneejerk alarm at Trump’s rise. As if the media’s clarion call rings for them. Alternative media is uncritically amplifying the mainstream fearmongering. Fortunately they’re all underestimating the American public.

TRUMP IS NOT A FASCIST, he’s a conceited blowhard. Trump is not an idiologue, he’s an ignorant narcissist. Trump is not a dictator, he’s a spoiled bully. AT WORST Trump could run the White House like a syndicate thug. Is that worse or better for the American people? We’ve already got government lawlessness. Let’s unleash absolute power to fight society’s real criminals.

AT WORST Don Trump could order drone strikes on the legislature. At worst he could deploy death squads against Wall Street and Madison Avenue. A gangland don’s ego will only be threatened by his rivals. Those of us without power have nothing he needs. If Trump crowns himself tsar maybe we’ll see bankers and media moguls have their hats nailed to their heads.

The status quo’s worst nightmare could not help but benefit its have-nots. And the American People know it, hense Trump’s unwavering popularity. To our political sages, Trump’s support is incomprehensible. Hardly. Trump is not a populist, he’s dumbo Rambo. Probably more Rambo than Dumbo. Uh oh. No wonder everybody in Who’s Who is terrified the public beast will get its proxy.
 
Now Pope Francis has spoken out against Trump. Figureheads for established power don’t get any bigger than the Pope.

War criminals occupy a more “special place in Hell” than young women who don’t vote for Hillary


Did you see how Hillary Clinton BEAMED as she accepted Madelyn Albright’s endorsement for president? Albright explained there was a “special place in hell” for young women who didn’t support women candidates. There are endless good reasons to elect women. Does Albright know any good women?

Madelyn Albright is of course a glaring exception to the hypothesis that a world led by woman would end war and injustice. Albright, like Condi Rice, Margaret Thatcher, and Hillary Clinton, is proof that the gender line does not filter for sociopaths. Albright famously declared the death of a half million Iraqi babies to be acceptable collateral damage in the US effort to depose Saddam Hussein. Clinton’s murderous tenure has well surpassed Albright’s. Both act like they haven’t read Dante’s guidebook which describes the special place they’re going.

Maybe we can ask the Pope to call for the release of American mercenaries captured in a Baghdad brothel

WE SAY they were civilian contractors kidnapped from a Baghdad neighborhood apartment. WE ARE investigating whether the abduction was coordinated by Iran. When those missing are Western agents or corporate media propagandists or covert special ops (or wayward US sailors armed with AK-47s), we say they are abducted and scour diplomatic channels for traces of the underword. When the victims are adversarial persons of interest to Western military intelligence or the White House, they are rendered extraordinarily or summarily incinerated from the sky end of story.

Can you imagine foreign diplomats approaching US officials about their passport holders gone missing? How simply ludicrous that the US is indignant that our mercenaries are being picked off at the scene of their crimes. Iraq is a war zone. What, the occupied peoples must endure our drones but can’t arrest our criminals? Even when we’re raping Iraqi women? American exceptionalists bomb hospitals but hold brothels to be no fly zones.

US media won’t report who the contractors were or what they were doing. Security service company SALLYPORT is denying the three men work for them, or their parent company MICHAEL BAKER INTERNATIONAL, or doing work for GENERAL DYNAMICS CORP under contract with the US Army. The Dirty Three might have been in the sex trafficking service of providing “comfort women” for the US soldiers being redeployed to Iraq. “Sallyport” sounds pretty damned ugly to me. Good riddance.

Motion hearing for 4/29 protest arrest brings out affinity of cops and judges.

DENVER, COLORADO- A local activist flipped off a municipal court judge. Yes, it’s not done, but the consequence was more severe than even the judge intended. She was attending a motions hearing of a fellow protester accused of disobeying a cop. During DPD testimony an officer was narrating a surveillance video which the audience was unabe to see. She tried to shift seats but was told to sit down. After two admonishments, she complied in silence but made a disrespectful gesture where she sat behind the flat screen monitor, where she thought the judge wouldn’t see. But a clerk did see the gesture and told the judge. Judge Nicole Rodarte, no friend of political activists and facing a roomful of them, immediately had her held in contempt of court for the remainder of the hearing. Contrary to instructions, the unnamed activist was taken across to the jail to serve a sentence of ten days. We’re not sure yet who was complicit with the mixup. Here’s what happened:

It was a hearing no Denver street activist wanted to miss. Habitual free-speech offender Jesse Benn is accused of disobeying a lawful order, being on the street, failure to disperse, etc, etc, at the April 29 march solidarity march for the people of Baltimore upset about the in-custody murder of Freddy Gray. Jesse’s jury trial will follow shortly.

At this motions hearing, the unpopular motorcycle cop Michael Rispoli was testifying as to the evidence against Jesse. Officer Rispoli is uniformly reviled for his tendency to ram his motorcycle into peaceful marchers. At the April 29 march, Rispoli dropped his motorcycle, feigning having been pushed by bicyclist Michael Moore. A SWAT crew piled on Moore, protesters rushed to his defense, this precipitated more arrests and prompted the police to pepperspray the crowd which included a number of small children. Justified by the attack on Officer Rispoli. Jesse Benn recorded the video which proved Rispoli’s lie. All charges were dropped against Moore, but the rest of the arrestees are being prosecuted, including Benn.

Rispoli by the way has been reassigned to DIA. After six years on the downtown motorcycle crew, monitoring and herding political demonstrations, he’s been demoted to the airport.

So at this hearing Bad Cop Rispoli was proudly testifying about the crowd-control techniques of the motorcycle unit. Very, very informative. At one point the prosecution played a police surveilance video so that Rispoli could give the play by play, point out offenders, and share his strategy. Except the audience couldn’t see the video screen. The content wasn’t forbidden, the judge just saw no need to make a screen available to the public. This being a public hearing.

It was frustrating, and said audience member rose to move about to catch a glimpse of the video. Judge Rodarte told her to sit down. She explained the problem, the judge only repeated her warning. She returned to her seat and apparently formed a finger with her left hand, thrown down behind the large screen monitor, where we couldn’t see, nor even the judge. The courtroom clerk spotted it however and told the judge.

Judge Rodarte promptly asked the deputees to remove the activist to an adjacent room used for in-custody defendants. She informed us that the activist was being held in contempt and her case would be handled at the close of the hearing, hopefully before the lunch break. The hearing resumed without further incident, except more lies from Rispoli. One lie prompted defendant Benn to hold a notepad aloft, for the audience’s eyes only, on which he’d scribbled “perjury!”

The hearing ended before lunch. Judge Rodarte excused herself to review the activist’s criminal record. Rodarte emerged from her chambers to announce that the matter would be addressed after lunch.

When court resumed at 1:30pm, Offender X was brought back in from the side door. Judge Rodarte gave a brief lecture about how X’s act had insulted the integrity of her courtroom and the justice system, etc. She asked if X had anything to say in anticipation of sentencing.

X gave a similarly brief speech about what she’d witnessed in Rodarte’s courtroom and the affront it represented to the public. X closed by declaring she welcomed whatever consequence the judge wanted to throw at her.

“I sentence you to two hours, time served” said Judge Rodarte. She ordered the sheriffs to release X, when they were done with her, or words to that effect.

We went to the jail to await X’s release, anticipating the usual booking delay. We eventually learned that X was supposed to serve a ten day sentence for contempt of court. It took us 35 hours before the error was sorted out. The detention center staff had admitted X with absolutely no authority to do so, certainly no documents remain on file. There is no paper trail and the Office of the Independent Monitor and Internal Affairs are trying to sort it out. Stay tuned.

The case against activist Jesse Benn raises the penultimate question about the right to march in protest. Jesse Benn is charged with being in the street. Traffic laws favor cars over people in the use of public roads, but does a vehicle’s right of way always abridge the people’s right to assemble? Hundreds of demonstrators marching to seek redress of grievances need the road too. Very often authorities tolerate protesters taking the streets for that very reason. Or because authorities have already blocked the streets. It’s complicated, and Jesse Benn might be being punished here because he took the video that implicated a bad cop. The system wants to use Jesse Benn as an example. Activist need to use Benn as their example, to teach the city a lesson about wrongful arrest and our civil liberties.

Occupy Denver’s Caryn Sodaro was rail-roaded again by Denver courts


DENVER, COLORADO- Weld County had twice declined to remit jailed Occupy Denver activist Caryn Sodaro to the Denver County courts for outstanding cases, but this week authorities conspired to bus Caryn to court without giving public notice. Instead of being greeted by a room full of supporters who had twice turned up to cheer for her as she faced contrived and punitive charges, Caryn was whisked before Judges Rodarte in 3F and Farrenger in 3H. Alone and no doubt demoralized, Caryn plead guilty to both obstruction and making threats, accepting concurrent sentences of 150 days. We haven’t yet uncovered the paper trail for her off-leash citation. but the Lindsey Flanigan Star Chamber probably threw that at her too.

Caryn’s cases had been continued to the week of December 7, but the criminal justice complex broke the rules, Caryn, and us too. Caryn Sorado had been unreachable for a week at the jail in Greeley. No one had been able to reach her. Inquiries had just been made to her case manager.

Caryn could not have know that last week Monk beat the obstruction charge.

And Caryn never made the threat of which she was accused, in fact it was the reverse. The addict who made the complaint had been evicted from our protest encampment by Caryn. The accuser hoped to get a protection order to keep Caryn away from the protest while she, the accuser, moved back in. Caryn had intended to repudiate the charge. Actually we were all certain the addict would not turn up in court.

Instead Caryn followed some court employee’s advice and doubled her jail stay-cation. Friends are planning a road trip to Greeley for a visitation and maybe cacophonous serenade, not to mention, desperate apologies for having been conned by the justice system.

Tragically a number of us were flyering outside the courthouse on Wednesday precisely when Caryn was being railroaded inside. We only learned of her appearance when checking on another schedule anomaly that afternoon, a scheduling ambush actually.

We’re coming to understand that the Denver Sheriffs play underhanded shell-games with detainees to maximize the inconvenience for inmates and loved ones alike.

The good news is that today we filed two complaints with the Office of the Independent Monitor directed at Denver Sheriff malfeasance. Both are cases of warrantless detention. Dead-nuts, incarceration without the authority to do it. More filings are in the works addressing bond-setting abuses and arbitrary release delays. Now we’ll throw Caryn’s habeas violation in for good measure. Occupy Denver may be going without Caryn’s loud angry voice, but we’re still hitting the Blue Meanies hard, and we’re as unpopular as ever.

Recognize the face? Benito Netanyahu.

You’ve seen that blustery fascist before. Blimp-necked, stone-faced. As Zionist war criminal Benyamin Netanyahu struts from one warmonger venue to another, isn’t he the spitting image of a much reviled sociopath of another era? Same first name approximately, same mission. Racism, war and genocide.

Clarence Darrow and Jury Nullification

Clarence Darrow’s closing arguments in Leopold & Loeb resonates today in the Denver Urban Camping Ban and Jury Nullification Trials.
 
“You can trace it all down through the history of man. You can trace the burnings, the boilings, the drawings and quarterings, the hangings of people in England at the crossroads, carving them up and hanging them, as examples for all to see.”

Darrow continued:

“We can come down to the last century when nearly two hundred crimes were punishable by death, and by death in every form; not only hanging that was too humane, but burning, boiling, cutting into pieces, torturing in all conceivable forms.

I know that every step in the progress of humanity has been met and opposed by prosecutors, and many times by courts. I know that when poaching and petty larceny was punishable by death in England, juries refused to convict. They were too humane to obey the law; and judges refused to sentence. I know that when the delusion of witchcraft was spreading over Europe, claiming its victims by the millions, many a judge so shaped his cases that no crime of witchcraft could be punished in his court. I know that these trials were stopped in America because juries would no longer convict.

Gradually the laws have been changed and modified, and men look back with horror at the hangings and the killings of the past. What did they find in England? That as they got rid of these barbarous statutes, crimes decreased instead of increased; as the criminal law was modified and humanized, there was less crime instead of more. I will undertake to say, Your Honor, that you can scarcely find a single book written by a student, and I will include all the works on criminology of the past, that has not made the statement over and over again that as the penal code was made less terrible, crimes grew less frequent”.

Now in the year 2015, in Denver, Colorado we arrest a man for doing nothing more than informing the citizen of their rights, committing the crime of passing out a pamphlet explaining their rights as a juror. Mark Lanicelli was arrested and jailed for this crime.

The police arrest a man, woman or child, that have already suffered the humiliation of being homeless for the crime of falling asleep in public, something that every human must do. They call this law the “Camping Ban”. Along with being homeless, they are thrown into jail and given a criminal record.

The above two examples are crimes committed by the city of Denver against the citizens.

These crimes will end only when the people of Denver find their voice and say no to the prosecutors with Jury Nullification.

The History of the Denver Police Department

Before the Denver Police Department began murdering the men, women and children of Denver, they were burglarizing Denver homes and businesses.
 
In 1960, the largest police corruption scandal in the U.S. to date began to unfold. More than 50 area law-enforcement personnel – almost entirely Denver Police Officers were caught in a burglary ring. Cops had stolen over a quarter of a million dollars from businesses they were supposed to be protecting on their beats over a ten-year period. Police cars would close down a few blocks of a major business avenue, such as University or Broadway, then burglarized and stole the safes from the businesses along the closed down portion of the street. Alarms would be going off all up and down the street, they would take their loot, then respond to the alarms and take the reports. It all came to a crashing halt when an officer named Art Winstanley literally had a safe fall out of the back of his police cruiser. He testified against his fellow officers and then by the end of 1961, 47 police officers had lost their badges. The DPD called it “Back Friday”.

Art was sent to the prison in Canon City along with over 40 of his cop buddies. When the prison door swung shut on Art, he complained to the warden that no one liked or respected him, he said the other convicts were being mean to him and spitting on his food tray; these were the convicts that Art had arrested and sent to prison for crimes that he had committed.

Many of these crimes by the Denver Police Department were known and whispered about at the time by other policemen, citizens and politicians, but for fear of retaliation from the cops, they remained silent.

It was only when one rat with his foot in the trap, trying to save himself, exposed the true extent of the crimes of the Denver Police Department. Sixty five years have now passed and the DPD have moved on from burglary to murder.

There are many who speak out for respect for the policeman, they see his blue uniform and badge, read his propaganda of “Protect & Serve” and then slovenly give them a free pass in all matter, they mistakenly think they are incapable of a lie.

These people are the product of police propaganda and a media who quietly sweeps police crimes and brutality under the rug, never to see the eyes of the public.

One of the best examples I can give is of a recent event; A policeman who was called for a disturbance at a Target store, helped a young boy repair his bike.

It seemed the boys bike chain had come off and the policeman helped him put it back on, the incident was reported by another policeman who was also there. It was said the this incident went viral; So what would my complaint be?

Had You or I, ordinary citizens stopped to help this boy, you would never had heard of the incident and it certainly wouldn’t have went viral.

I didn’t see a cop helping the boy, I saw only a man helping the boy. A blue uniform and badge does not make him a saint.
Truth be known; most of the general public have little or no contact with their police department outside of traffic stops. They have little knowledge of how brutal the unchecked police powers have become. And while these brutal crimes go on unchecked by some policemen, the others remain silent; that in itself is a crime. To be a good cop, he must stand up and bear witness to the crimes he has knowledge of, especially when it is wearing a blue uniform and badge. To do less, is to become a partner in crime.

Would that same cop who helped this boy with his bike, if put in the situation where he saw one of his fellow officers commit a crime, speak out and make an arrest of his fellow officer? History has taught us that he would not.
Where the general public see’s a badge, a blue uniform and give’s their respect, I see a human being that is capable of both good and bad deeds, and should be treated as such just as any citizen would be treated.

A question we might ask: How is it that the DA has not filed one criminal case against the police and yet the juries in civil court have awarded million of dollars to victims of police abuse.

Mitchell R. Morrissey was elected District Attorney of Denver in November 2004 and was sworn into office on January 11, 2005. He is responsible for the prosecution of more than 6,000 felony and 18,000 misdemeanor criminal cases every year.

Requiring activists to “make space” for black or brown voices, if apolitical or reformist, is a counterinsurgency trap.

 
 

 
OFF-STREET ACTIVISM floweth over with do-gooders begging for a seat at the table, literally, tables, where the powers-that-be want them. Street protest organizers are berated about providing forums for disenfranchised voices, as if indoor choir-singing yields redress of grievances. Leaders of disadvantaged communities mistake cis-gendered, white activists for their actual oppressors, because that’s easier than facing down the police. But the dynamic is disingenuous subterfuge and it’s not coming from the allies who matter. The people of Ferguson did not wait for white social justice groups to “make space” for their protest. You’d think the lesson of Ferguson is obvious.

Across non-Ferguson, religious community leaders and token spokespeople of color insist that they should monopolize local manifestations of anti-racism movements. Never mind that their call is for people to sit in church pews, meet with cops, vote, GOTV, petition, or join intra-city marches to nowhere, nowhere more than away from urban uprisings. In Denver I have never seen black resistance voices or leadership unwelcome at any rally no matter the subject. But I have seen tokenism at #BlackLivesMatter events used to discredit radicals and diffuse public outcry.

The making space argument certainly applies to entrenched nonprofit leadership but among militant voices it’s a laugh. If anyone is oppressing upstart minority voices it’s the seniority membership who don’t want unscheduled rocking of the boat. Reformist claptrap is the police state’s first line of defense.

“Black Lives Matter” must be shouted loudly even if your token black appointees won’t. Don’t mind the usual detractors peddling apolitical identity politics, let’s call them IDENTITY A-POLITICS, they’re a counter-revolutionary tactic to divide natural allies. This has been used against insurgents across the country, from Deep Green Resistance to Occupy, as fly-paper to waylay alliances or force effective organizations to go down the old rabbit holes occasioned by the usual novice errors.

Ferguson has shown the way. The anniversary of Mike Brown’s killing on August 9, 2014, correctly commemorates the public uprising not the policeman’s bullet. Unsurprisingly the early emphasis is being placed on ensuring crowd anger doesn’t get out of control. The eyes on the ball, whether blue or brown, focus on the racist police state.

The Black Lives Matter activists who interrupted Netroots Nation shared knowing themes through a people’s mic. Here’s a transcript of what they chanted until shut down by the speakers on stage.

If I die in police custody.
#BlackLivesMatter at #netrootsnation

If I die in police custody,
Do not let my parents talk to
Don Lemon, Al Sharpton, Jesse Jackson,
Or any of the motherfuckers
Who would destroy my name.
Let my parents know
That my sisters got this.
If I die in police custody,
Say my name, say my name.
Say the name that I chose,
Not the one that I was given.
If I die in police custody,
Make sure that I am remembered.
Make sure my sisters are remembered.
Say their names. Say their names.
If I die in ICE custody,
Say that I am not a criminal.
Stop funding prisons and detention centers!
Shut ICE down and our county jails and our prisons,
Not one more deportation!
If I die in police custody,
Know your silence helped kill me.
White Supremacy helped kill me.
And my child is parentless now.
If I die in police custody,
Know that I want to live!
We want to live!
We fight to live!
Black Lives Matter!
All Black Lives Matter!
If I die in police custody,
Don’t believe the hype, I was murdered!
Protect my family!
Indict the system!
Shut that shit down!
If I die in police custody,
Avenge my death!
By any means necessary!
If I die in police custody,
Burn everything down!
Because no building is worth more than my life.
And that’s the only way motherfuckers like you listen!
If I die in police custody,
Make sure I’m the last person to die in police custody.
By any means necessary!
If I die in police custody,
Do not hold a moment of silence for me!
Rise the fuck up!
Because your silence is killing us!

The New Slave Ships Have Arrived

The year was 1960, and there was only one men’s prison in Colorado at that time, located at Canon City. There was a women’s prison that sat next to the men’s prison. There were three small satellites off the main prison: the ranch, dairy farm and garden. And there was the young men’s reformatory at Buena Vista, for a total of three prisons. In 1960 the population figures for Colorado was nearly two million people, in 2010 it was a little over five million; In a span of fifty years Colorado gained three million people. In 1960, it took 3 prisons to confine the convicts of two million people living in Colorado. By 2006 there were 30 prisons in Colorado, while adding only three million people to the population. Hold on here a minute; something doesn’t add up: 2 million people needed 3 prisons, now 5 million people need 30 prisons?!

It would be safe to assume that this growth in population were of people about to commit a crime, judging from the growth of new prisons compared to the population growth.

That’s quite a growth from 3 prisons to 30 prisons in 26 years; but then we didn’t have the “Prison Industrial Complex” in those years; Corporation private prisons. Their motto should read “If there are no prisoners; there is no profit”

If you and your family were out on a Sunday drive in 1960 and happen to drive by “Old Max” on Hi-way 50, you would have noticed a sign in front of the prison that advertised “Visitors Welcome” the sign went on to tell you that you could enter the prison for fifty cents on a guided tour at certain hours. This fifty cents was to go into a prisoner burial fund, for indigent convicts who died while imprisoned. They would then be buried in a pauper grave yard and sentence was complete due to death.

A few years later these tours were discontinued for fear that the prisoners might take the tourist hostage, also the Prison Administration had decided that it was better not to let the taxpayer see the condition of the prison they were paying for.

My wife and I decided to take the tour.

I had the feeling of a rat in the trap when the large steel door slammed shut behind us. After taking only a few steps, we left behind a warm sunny day and stepped into a dark gray world. The doom and gloom seemed to lurk at every corner, the guards in their towers, stared down at the tour, rifles at ready. We had the feeling that this tour, was a bad idea.

There was a guard about 70 years old who served as our tour guide, he wore a guard’s uniform and walked backwards as he pointed out the finer attractions of the prison; like the hole or the gas chamber. We were not allowed to go into these building as the old guard explained; we could be taken hostage.
However we were taken to the curio shop where the convicts were allowed to sell their hobby work, and it was here that the old guard gave us some stories on the history of Roy Best an ex-warden who was discovered with state cattle on his personal ranch and convicts were used as ranch hands. The old guard told how Warden Best would tell all newly arrived convicts: “While serving your sentence, you are allowed to make a dollar any way you can, Just make sure it’s not my dollar.” He also told a story of what happen when two convicts were caught in a homosexual act; they would be taken to the curio shop and handcuffed to a steel rail, they both would be made to wear a woman’s dress, for all the tours to see. It didn’t matter who was pitcher and who was catcher, they both had to wear a dress.

There were two yellow lines painted on the concrete about six feet apart, we were warned as tourists of all the harm and mayhem that could befall us if we stepped outside of the yellow lines and it was here that some of the tourist began thinking about what a mistake this was and could they get their fifty cents back. And of course the convicts were well aware of the rule of crossing the yellow line while a tour was in the prison or of talking to any of the tourists; it meant a certain trip to the hole. As the tour progressed through the prison, I noticed that many of the tourist heads kept bobbing down, making sure their feet didn’t touch the yellow line.

As we neared the end of the tour we came to where three convicts were waiting for the tour to pass before crossing the yellow line; There was an older lady with white hair near the front of the tour, when she saw those three convicts, (who were all dressed in white pants and shirts) she whispered to the old guard.

“Who are those men?”

The guard turned to look and then began to name the convicts.

The old woman stopped him and said ” No! I mean are they convicts or are they civilian employees?”

“They are convicts,” the guard replied, “they are allowed to wear white because they all work in the hospital.”

The gray haired lady then exclaimed with the most bewildering look on her face “my goodness! They look like anybody else”.

It’s been over fifty years since that white haired lady spoke those words, but her words are burned into my memory as if she had only spoken them yesterday.
What the white haired lady never realized is those convicts were sons, with mothers and fathers.

As all convicts are; they are the sons and daughters, the brothers and sisters, mother and fathers of us all.

Like that old white haired lady’s words “They looked like anybody else,” society looks at prisoners and sees them all the same, maybe that’s because they are all dressed the same or their mailing address is the same. They eat the same food and spend the long boring days together. It’s true that while you are a prisoner, the rules of a prison or jail apply to all, a sort of “One size fits all.” Yet the crime that sent these men and women to prison are as different as day and night.

Willie “The Actor” Sutton, a bank robber from back in the 40s use to dress up as a policeman when robbing a bank. Willie would never put any bullets in his gun; he wanted to make sure that no one was injured while robbing the banks, you might say Willie was a little different kind of criminal, but when he was in prison, he dressed like all the other convicts.

Back in the 50s the prison at Canon City had a rule: all prisoners shoes must have a “V” shaped notch cut into the heel. This was intended to make it easier for the guards to track escaped convicts. In theory the rule seemed pretty “air tight.” The drawback was that the convicts all knew about the notch, and would simply fill the notch or remove the heel. It took a few year for the guards to figure out why they weren’t finding any tracks of escaped convicts with a “V” notch in the heel.

The old white haired lady was right about one thing; they do look like everyone else. But the underlying problem that sent them to prison are very different.

From the New York Times: U.S. prison population dwarfs that of other nations.

“The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners. Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations. Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences. The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.”

In reading the above and the complete 1700 word article you will not find the word ‘Corrections” used once.

Webster’s Dictionary: Correction; 1 a correction or being corrected, 2 a change that corrects a mistake; change from wrong to right or from abnormal to normal.

As you are reading this story you may have noticed that I do not use today’s language to describe prisons, convicts, guards and wardens, as “Correctional Facility”, “Correctional Officer”, “Superintendent” or “Inmate”. To call them “Correctional Facility’s or Correctional Officer” is the height of hypocrisy. The truth is the guards can’t correct the problems in their own lives let alone solve the many complex problems of the men and women they guard.

The word correction was introduced by the prison industrial complex to fool the public into thinking they were solving the problems of the people they were warehousing and collecting all of those tax dollars for.

Again! hold on here a minute; If they are correcting all the problems of these errant people? Then why are we building so many new prisons and filling them with men, women and children?

You might be asking yourself “How did America, end up with so many criminals? The truth is “We didn’t.” The American Prison Corporations quite simply found it very profitable to imprison citizens.

The Corrections Corporation of America (CCA) simple minded solution to the problem is to build more prisons and pass new laws which will produce more criminals for their prisons.

Looking to the CCA and their lobbyist is equivalent to hiring the fox to guard the hen house.

This all leads to a greater bottom line profit for the CCA but does little to solve the crime rate, the recidivism rate or help those prisoners who truly need help. And it certainly does not slow the growth of new prisons. “The breeding grounds of crime”.

Confronting Confinement, a June 2006 U.S. prison study by the bipartisan Commission on Safety and Abuse in America’s Prisons, reports than on any given day more than 2 million people are incarcerated in the United States, and that over the course of a year, 13.5 million spend time in prison or jail. African Americans are imprisoned at a rate roughly seven times higher than Whites, and Hispanics at a rate three times higher than Whites. Within three years of their release, 67% of former prisoners are rearrested and 52% are re-incarcerated, a recidivism rate that calls into question the effectiveness of America’s corrections system, which costs taxpayers $60 billion a year. Violence, overcrowding, poor medical and mental health care, and numerous other failings plague America’s 5,000 prisons and jails. The study indicates that even small improvements in medical care could significantly reduce recidivism. “What happens inside jails and prisons does not stay inside jails and prisons,” the commission concludes, since 95% of inmates are eventually released back into society, ill-equipped to lead productive lives. Given the dramatic rise in incarceration over the past decade, public safety is threatened unless the corrections system does in fact “correct” rather than simply punish. For a copy of the complete report and the commission’s recommendations for reform, see

From: U.S. Prisons Overcrowded and Violent, Recidivism High — Infoplease.com

In the words of George Carlin; we add syllables to soften the meaning of words; From the Colorado Central Magazine; (The polite modern terms are inmate, not prisoner or convict as in historical years, and corrections officer instead of guard.)

The Huffington Post published an excellent piece yesterday by reporter Chris Kirkham describing how the Corrections Corporation of America (CCA) wants to buy up state prisons, all under the guise of helping state governments deal with their budget shortfalls.

Called the Corrections Investment Initiative (sounds so positive, right?), it’s a sickening display of exploitive behavior — perhaps best underscored by the fact that the CCA stipulates in its “investment” overture that, as part of the deal, the states need to keep the prisons packed. Their language for it:

“An assurance by the agency partner [the state] that the agency has sufficient inmate population to maintain a minimum 90 percent occupancy rate over the term of the contract.”

In reading the above article I did not notice anything pertaining to correcting the prisoner’s problems that sent them to prison. I did read the words “Helping state governments deal with their budget shortfalls” Whenever someone comes to me and tells me they can save me money… But I have to spend money in order to save money, it’s right here I become suspicious of their motive, “Thank You, but, No Thanks'”

“The Corrections Corporation of America” and that white haired lady have something in common with one big difference; the white haired lady saw us all the same looking like anybody else but she had no motive for profit when she looked at us, she can be forgiven for her mistake.

“The Corrections Corporation of America” sees the prisoners also all the same; as a free labor force to manufacture goods in their prison industrial program. For the CCA it’s a win-win proposition, the taxpayer pays for housing their captive work force and then they again made a profit off the manufactured goods. It appears “The Corrections Corporation of America” has found a new way to reconstitute slavery. The only thing missing are the slave ships from Africa; we are already here so there is no need of the ships. However they will need to lobby the congress for new laws to insure the prisons are full of able bodied workers. And of course the lobbyists don’t work cheap; they have a large overhead in the moneys they must contribute to our elected legislator campaign fund.

The money travels from the taxpayer’s pocket to the government coffers, from the government coffers to “The Corrections Corporation of America” and then from their checking account back to the Colorado Legislator reelection fund, a vicious cycle that never ends. They are all so busy stuffing their pockets with the taxpayer’s money they have little left to correct the problems of the prisoners that got them the money in the first place.

In conclusion, with solutions; The unsuspecting, hardworking taxpayers have been taken for a ride for too long. It’s time we told the Prison Industrial Complex; “The Jig is Up.” It’s time for a revolution.

There is an old saying among the convicts; All the convicts in prison combined, never stole more money than one banker or corporation stole with one swipe of their pen. “While the poor man was out stealing a loaf of bread to feed his family, the banker was stealing the poor man’s house”.

One of the very best and clear examples I can give, happened right here in Colorado. For years and years the prisons have been filled with “Pot” smokers, the public was told; These are criminals, depraved drug addicts that will rob, steal and rape your daughter.

When the opposite was more true; ‘Pot” smokers are very relaxed, looking only for some Twinkies to munch on while watching cartoons.

And now that Colorado has de-criminalized marijuana, we are left with a bunch of taxpaying ‘Pot “smokers living normal lives, working and contributing to society. I’m sure that it’s not much consolation to all the men and women who suffered for years in prison, classified as a criminal, not to mention the families that were destroyed. Men and women who were filled with hate in this prison system, then released to commit a real crime.

Back in 1960, I was not taken as a hostage while touring the prison, but in 2015 we are all being held as hostage by the CCA (Private Prison Corp.) for our tax dollars.

You can help change that by contacting one of the local or national groups to end mass incarceration.

————–
About the author: David Anderson is an ex-convict, who had escaped from “Old Max” twice. He was serving three life sentences for crimes of which he was innocent. It took seven years for these convictions to be reversed. He walked out of the prison on April 29th 1983.

Videos of police behavior will only change things if the public sees them

 
Many people who watch the Sandusky traffic stop video will claim it’s only an isolated incident and is not representative of their local law enforcement. They are very naive and believe the propaganda their police departments have subjected them to for years. Incidents like the one in this video are happening all across America, thousands of times daily. It has been with the growing popularity of the cell phone camera that the citizen are beginning to see  and be exposed to the true conditions of their local law enforcement. These conditions are very similar to that of the Gestapo in Germany prior to the second world war. 

I personally, and a group here in Denver, have witness hundreds of theses very same incidents in actions with the Denver Police Department. There is a growing number of citizen calling for all police to be equipped with body cameras. To put it simply; the camera needs to be in the hands of the citizens, not the police.

If you go back and watch the video again and still believe those cops would allow that video to see the light of day, then you are living in an “Alice in Wonderland” world. That is akin to believing that a bank robber would turn over to the prosecutor a video of his crime.

I will cite only two of many incidents here in Denver of the police crimes; One  Caryn Sodaro was arrested in April for filming Denver police officers physically tormenting a citizen. She is now set for trial in late July, her only crime was in filming the police criminal behavior. Two, Jessica Hernandez, a 17 year old young woman was murdered by the Denver Police Department.

The crime of murder by the Denver Police was captured on video by a citizen, to this day the video has remained hidden by the police and the main stream media. Denver DA Mitch Morissey recently gave the Denver police a big thumbs up for their crime.

Below the Free Thought Project Video, I read the comments, there was a great deal of anger and frustration with the crimes the police are committing under the banner of “Protect and Serve”.

I understand that anger, but anger alone will not solve the problem. We must turn that anger into action.

Seek out local groups who are in the streets taking action, contact local media by phone, email, put pressure on local judges who are allowing this practice of “Protecting The Police”. Continue to make comments, but couple your comments with action. To do anything less would be un-American. You can make a difference, believe in your power as an individual and change will follow.

Is there a Solution to the Crooked Cop?

There is a simple solution to the ‘Crooked Cop” and “Killer Cop” that America is infected with. It is a plagued, but like all plagues there is a cure. In every major city across America, young men and women will be recruited, their identity will be protected, these recruits will be squeaky clean and above reproach. Their assignment will be documented at the start of this program. They will then apply for a position with their local law enforcement with the purpose to gather information and document all incidents of criminal abuse within the department.

They will be working undercover and protected by a nation governing body. At the end of one year, a report will be published with national support. All those cops who are identified will be dismissed and charge with their respective crimes just as any citizen is charged.

In a free and democratic society, no one is above the law. The choice is now yours; you can remain silent or you can come forward and say I will support this program with something more than a comment.

New York prison victims need your help

AT THE VERY LEAST people living near New York State’s now infamous prison break could be getting fresh air in defiance of their governor’s ludicrous warnings to hide from the dangerous felons. Neighbors can exercise their property rights to spectate as they please and take strolls where they can to muck it up for the K9s hounding fugitives David Sweat and Richard Matt. Fellow freedom-loving itinerants could also converge upstate to force multiply the sightings of vagabond pairs crisscrossing the woods around the Clinton Correctional Facility, known in the industry as “Little Siberia”. But most certainly, lawyers of any conscience should assail the Clinton County DA’s office in defense of poor Joyce Mitchell, the prison sweatshop supervisor who may have helped the escapees, whom authorities were waiting to charge until after she’d cooperated with interrogators. Lawyers should be livid that neither authorities nor reporters bat an eyelash at Ms. Mitchell’s lack of proper counsel. Media coverage while constant is marred by omission.

Are fugitives Matt and Sweat dangerous? The media doesn’t want to detail their criminal histories other than to repeat they are murderers. David Sweat and an accomplice plead guilty to first degree murder of a sheriff’s deputy when Sweat was 22. (Who pleads guilty to first degree murder?) The deputy had interrupted a burglary, other accomplices were not charged. When Sweat was 17 he served time for attempted burglary.

While in his twenties Richard Matt killed his boss. Why and what was their line of work? The media won’t say. Matt’s previous record was as a juvenile.

Both appear to be examples of the failure of the correctional industry in handling juveniles. This prison break was the only hope either men had for escaping its clutches. The escape was nonviolent and fears that either men mean harm to others are not grounded in anything but hyperbole about how “evil” they are.

Charles Dickens and the Tattered Cover Bookstore

“Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation of the first link on one memorable day.” ?? Charles Dickens, Great Expectations
 
Pause you who read this and think of the man, Charles Dickens, who gave to the world some of our most memorable stories and books; A Christmas Carol, Oliver Twist, David Copperfield, A Tale of Two Cities and Great Expectations, to name only a few. Charles Dickens, a man filled with compassion for the poor and hungry, who he wrote about so eloquently. Now comes The Tattered Cover Book Store who seeks to make a profit from this man’s stories and the people Charles wrote about; the Tattered Cover who through their membership in the Downtown Business Partnership, supports the Denver Camping Ban, a law that criminalize the poor and homeless.

Pause a moment for the poor and hungry. Tell The Tattered Cover, in the eyes of Charles Dickens, they are hypocrites. Stop selling his books or send a letter to the Denver City Council resending their support of the camping ban.

Send an e-mail to books@tatteredcover.com if you have compassion for the poor. Your voice will make a difference for those less fortunate. Please pass this on to all your friends and family; Together we can change the world.

Are escapees Richard Matt and David Sweat hardened criminals? Maybe, but they’re only dangerous if you’re a cop.

david sweat and richard matt
New York State authorities are warning the pubic that prison escapees David Sweat, 34, and Richard Matt, 48, are hardened criminals and extremely dangerous. However, they didn’t kill anyone while making their escape from a maximum security prison, and unless you are Matt’s former boss, who he killed, or a Sheriff’s deputy who stood in their way, such as Sweat plead guilty to co-killing, there’s no past record to suggest the pair mean you any harm. Having the police tell everyone “if you see something, say something” does make everyone the fugitives encounter a potential snitch. NY law enforcement should be held accountable for what the pair might be forced to do as a result. Freedom for prisoners. Abolish all prisons.
 
Now we need homeless vagabonds to head to New York state in pairs to assist the manhunt.