CSPD Intelligence doesn’t have much

Lt. Mark ComteCOLORADO SPRINGS, COLO- Like the term Military Intelligence, “police intelligence” is an oxymoron. At least that’s the old joke. Wednesday’s hearing about the CSPD’s undercover operation against the Colo. Springs Socialists reinforced the adage. The good news is that Metro VNI, that is, Vice Narcotics & Intelligence, doesn’t have much intelligence, as in smarts, haha, OR constructive data. The impetus of CSPD’s efforts to infiltrate local activists has been to track ANTIFA, a nefarious worldwide anti-fascist organization apparently. Lieutenant Mark Comte, who heads Metro-VNI, testified to what they know so far. ANTIFA members wear black and cover their faces. When protesters do that, they’re Antifa.

Springs municipal judge gives blessing to lucrative yet illegal I-25 speed trap.


COLORADO SPRINGS, COLO.- Local municipal court judge Matthew Ramirez was presented with evidence today that the city is operating an UNJUSTIFIED SPEED LIMIT TRAP in the construction zone at the intersection of Highway-24 and Interstate-25. Though drivers are regularly cited for exceeding a 30mph speed limit, the posted speed does not meet the 85% compliance rule, nor the “pedal test” for enforceable speed reductions. Both are characteristics of improper and legally unenforceable “speed traps”. Plus, it turns out, 30pmh is not even the minimum speed required to cross under I-25 before the traffic light turns red.

At 30pmh it takes a motorist 8.75 seconds to cross the intersection from West to East. But the traffic light allows only 2.75 seconds! No wonder drivers don’t want to slow down. Upon seeing the video, instead of calling traffic engineers to set appropriate speed restrictions and adjust the timings, Judge Ramirez instead put his stamp of approval on CSPD’s very lucrative speed trap.

YES, I got a speeding ticket. Haha. And yes, today I was found guilty. I’m not upset so much as disappointed that the judge made himself complicit with the city’s scheme.

I know that “speed trap” has come to designate anywhere that police monitor traffic speeds, sometimes in hiding, and issue tickets. But I’m not using the term in the general sense. “Speed trap” has a legal definition which describes a scenario where police are ticketing motorists who have been forced, by circumstances under the control of the police, to violate the law and thus become eligible to be asked to contribute to the local administration’s fee based tax. “Speed traps” are abuses by law enforcement to maximize citation revenues without having to come across and apprehend offenders operating autonomously to local fundraising schemes.

On August 31 of this year, I was clocked going 43mph in a 30mph construction zone. Except for a vague feeling that I had not been “speeding”, I had no intention of fighting the ticket. I support the enforcement of speed limits and I accept that being pulled over is more or less a random hazard of going with the flow. No objection. But my recent attendance at municipal cases brought against activists has meant a lot of time spent in courtrooms where I couldn’t help but notice that many, many drivers were being cited for the same ticket as me, crossing the same intersection, their fines doubled because it’s a construction zone, almost all of them taking a plea.

My decision to plead not guilty led to a fruitful survey of legal abuses perpetrated by our traffic courts; on the part of the city attorneys, on the part of the police officers, and on the part of the judges. It was worth the fight and I assure you it’s not over.

Hundreds, if possibly thousands, of motorists have been ticketed, and are still being ticketed, like I was. Unless they’re riding the brake as they approach the intersection, they are considered speeding. Often, hitting the brake at that approach means upsetting drivers around you impatient to build speed for the on-ramp or impatient to cross the long intersection. To slow to 30mph when surrounded by others causes you to “impede the flow of traffic”, which is itself a driving offense in Colorado. Yes, driving the speed limit, when it impedes speeders, is illegal because the disruption it causes is considered unsafe. A traffic instruction that causes a driver to commit a worse infraction is not enforceable.

Likewise, if you have to choose between maintaining your speed to cross an intersection legally, before the light turns red, or lingering in the middle at risk of colliding with cross traffic, the safest recourse is also clear.

Judge Ramirez rejected the necessity defense, which protects accused if their infraction is incurred while trying to avoid more hazardous violations. He did not find it troublesome that local drivers were being forced to decide between speeding or running a red light, knowing they could be punished in either case.

Colorado Springs traffic ticket revenues are relying heavily on drivers being fraudulently stopped and fined. At ten dollars per mile over the limit, doubled for the construction zone, the fines add up. These penalties are for driving the intuitive speed calculated by the engineers who designed the motorway, in this case also by the engineers who time the traffic lights to facilitate flow.

A FOIA request will probably reveal the revenue to number in the millions, coming from local citizens feeling wronged. And if they took their case to court, feeling further wronged by the unjust process.

To begin with, they won’t show you the evidence against you. And it gets worse from there. With just this case I’ve documented abuses to rival the ACLU’s condemnation of the corrupt court system of the Colorado town of Alamosa. Their chief judge resigned in disgrace.

Check back as I update this article to recount the unending duplicity of the city attorney’s office. Then there are the dishonest public safety managers. And the police officers who outright lie. Aided and abetted by judges who know better. It’s a long story and all the more ugly because it could happen to anyone. And if Judge Matthew Ramirez has his way it will happen to you.

Who is this El Paso Sheriffs undercover infiltrator provocateur? We don’t care!

El Paso County Sheriffs Undercover OperativeCOLO. SPRINGS– Lawyers for the city are fighting defense team efforts to expose who, how, when and why local law enforcement agencies infiltrated a campus political activist group. The 2017 undercover operation was revealed in CSPD bodycam videos, but city courthouse lawyers and judges are preventing the evidence from being made public.

Alerted to the October 17 evidentiary hearing meant to shed light on the bodycam video, journalists and news crews instead witnessed stonewalling by city attorneys but made to look like a disorganized defense. They saw municipal Judge Kristen Hoffecker blame the defendants for not submitting to a sham proceding, when the judge should have confessed that the defense’s subpoenas had not been honored.

Today the city learned that our defense team went around them and served the subpoenas directly, requiring the responsible law agency parties to testify as witnesses at an evidentiary hearing on November 3. Now the city wants to use a November 1 status hearing to quash the subpoenas.

What’s the big deal? The city asserts the confidential identity of its undercovers is a stake. That is of course the least of it.

The city’s own evidence against the defendants, accused of marching in the street on March 26, 2017, documents police officers deciding to issue tickets. What’s clear from the video is that the police issued tickets, not to cite wrongdoers, nor to halt law-breaking, but to 1) “identify everyone”, 2) arrest an undercover agent, and 3) disperse a lawful assembly. It’s all on tape.

When defendants first grasped what they were seeing on the bodycam video, they brought it to the attention of the various municipal court judges who take turns directing the daily court matters. Asked to produce the written reports generated by the officers on the video but missing from the discovery evidence, the judges declined. Asked to subpoena the officers involved, the judges declined. After each defendant’s pro se arguments were rebuffed, one motions hearing after the other, the defendants sought legal help. Actually Judge Hayden Kane II did eventually grant a hearing to look into the video, but he told us he’d already watched it in private and was not inclined to find it relevant, so defendants were not encouraged that his opinion would change.

In the meantime civil rights lawyers were highly interested in the police activity documented by the video. They submitted 20 pages of argument for the dismissal of charges against the defendants, citing outrageous police misconduct in violation of the Code of Federal Regulations, part 23. They requested that the sheriff, the police chief, the commander of CSPD intelligence, and others named and unnamed, be subpoenaed to testify at an evidentiary hearing on October 17. That didn’t happen, as everyone saw. The subpoenas didn’t even go out.

The October 17 hearing misfire was simply the latest of months of attempts by the defendants to bring this story to light.

This time around the city wasn’t given the chance to sit on the subpoenas, they’ve been served directly. On November 1, will Judge Hoffecker invalidate the subpoenas two days before the witnesses are compelled to appear? The question reporters can ask is should she?

The city’s argument will be that the police undercover operation, however illegal, does not have anything to do with the guilt or innocence of the socialists charged with marching in the street. Outrageous police misconduct is a matter for federal court, that’s true. But have a look at the video. Notice that the first marcher fingered for arrest, the only one assigned an arrest team, was the undercover “Mark Jackson.” When the police shouted their warning that all who remained in front of City Hall would be issued citations, their only unequivocable target was Jackson.

Without the motive of arresting Jackson, whether it was to provoke the crowd or to embed their infiltrator, and until the order “LT wants everyone identified”, the police weren’t going to make any arrests. What does that say about the supposed guilt of the accused?

The police had already told the socialists “you’re free to carry on with your rally so long as you don’t step back unto the street.”

What the socialists were doing on March 26 was the essence of protected speech. But senior officers not on the scene had a crime of their own up their sleeves, and they needed an arrest or two to set it into motion.

Should we get to the bottom of this story, or let the city pretend it didn’t happen until the defendants get to turn the tables in federal court?

One presumes that undercover agents are only performing the intelligence function of surveillance, monitoring protest activity for hints of criminal behavior. At worse, we call them agent provocateurs, trying to encourage illegality, and believe that everyday nonviolent activists should know better than to be entrapped into illegal acts.

But undercover officers are much more disruptive than that. Undercovers sow dischord and mistrust among strangers who’ve come together to advocate for a common cause. Infiltrators pit activists against each other and confound organizers with sabotage. They volunteer for responsibilities then drop the ball. They complicate discussions with irrelevant, impractical, or illegal suggestions. When their ideas are rejected they express frustration by demeaning their fellow participants for being unmotivated. When “Mark Jackson” was found out, and it took many weeks for everyone to become convinced he was an undercover, he berated everyone for every personal failing in the book. He accused individuals of paranoia, ineptitude, or lacking courage. “Get back to me when you decide you want to DO SOMETHING” were his parting words.

Police infiltration harms every citizen effort to organize. The Code of Federal Regulations mandates that police agencies have suspicion of real crime before embedding infiltrators.

If CSPD or the El Paso County Sheriff’s Office or the Department of Homeland Security or the Colorado Bureau of Investigation has proof of a crime brewing among the Colorado Springs Socialists, wouldn’t we all benefit to know about it? We would if their motive is truly crime prevention.

The real identities of “Mark Jackson” and his partner “Aimee Walter” doesn’t matter at all. Who they work for is paramount. Are they “with the Sheriffs” or contracted or embedded from another agency? As the video shows, Jackson’s jittery hyperactive behavior while detained in the cruiser doesn’t give one much confidence about who law enforcement is entrusting with a loaded weapon in a crowd they hope to be inciting to riot.

The city’s determination to quash the question of whether or not such evidence exists points to police malfeasance, not the Socialists’.

Justice delayed is justice denied. Colorado Springs police infiltration operations against social justice activism should be brought to heel sooner rather than later.

OCTOBER 27 UPDATE:
According to Judge Hoffecker’s order: November 1st at 2:30pm will be the city’s next chance to quash the subpoenas. If they do not succeed, the evidentiary hearing is scheduled for November 3rd at 8:15am.

City plan to snuff socialist infiltration hearing blows up in courtroom’s face

El Paso County undercovers
COLORADO SPRINGS, COLORADO– If you attended today’s evidentiary hearing about the police infiltration of a local student group, you are no doubt left wondering what happened. Where were the defendants and why was the judge so angry? The outcome was not what either side wanted, but still it was a huge false step for the city. The defense was not provided the police witnesses it requested, but the prosecution was prevented from quashing those subpoenas outright. As a truant co-defendant, I had a unique vantage point on today’s anticlimax and I apologize I was unable to explain it in person.

Today’s hearing, it turns out, was supposed to exclude the defendants. The review of evidence relating to the police infiltration operation was intended to happen outside of public view. The lawyers signed the setting slips, not the defendants, who were kept uninformed of the October 17 hearing. The judge had specified lawyers only, to keep the details and identities of the undercovers confidential.

Can courts exclude defendants from their own hearings? Not really, but anyway.

It turns out the judge wanted privacy because she had no intention of conducting the hearing at all. Without an audience to offend, this judge planned to summarily quash the defense motions to make police administrators testify and that would be the end of it. Objections be damned, let the lawyers take it up on appeal. Push this hot potato off a year or two.

However, through documents obtained directly from the courthouse, the defendants did learn about the hearing. So the defendants made plans to attend the hearing regardless of a judge’s preferences, and they publicized the event for what it promised to be, a scandalous exposé of CSPD intelligence overreach. Subpoenaed to testify were El Paso County Sheriff Bill Elder, Colorado Springs Police Chief Peter Carey, Lieutenant Mark Comte of the CSPD Intelligence Divison, and Sergeant Clayton Blackwell, among others.

Colorado Springs prosecutors did not inform the defense team that they had no intention of honoring those subpoenas. Instead they planned to motion to quash the subpoenas and truncate the hearing. The city attorneys did not file those motions beforehand nor give the defense any indication they were contesting the subpoenas.

I can only surmise that the city prosecutors began receiving calls from the media about the anticipated testimony of the sheriff and chief of police, because it wasn’t until late morning on the day of the hearing, after our press release went out, that the city emailed the defense team to say that “Sgt Blackwell is on vacation.” Blackwell wouldn’t be attending the hearing, they said, and by the way, his was the only subpoena delivered.

To which I imagine our legal team said: WTF?! Now we needed a hearing to learn why the city thought it could unilaterally decide to whom to deliver our subpoenas.

It’s one thing to disrespect the rights of defendants. Our municipal court does it ALL THE TIME. Everyday, sadly. In fact, it’s done it repeatedly to the very defendants in this case, before we got lawyers. But it’s quite another thing to trample on our rights when a civil rights attorney is involved.

If Blackwell was on vacation, the case needed a continuance. And if subpoenas were going to be quashed, we needed a motions hearing. Oddly, the judge was demanding our defense attorneys show up in person. To arrange a continuance?! Riiiiiight.

Our lawyers quickly let us know there was to be no hearing. Since the defendants weren’t supposed to attend today’s hearing anyway, we deemed it prudent not to attend the prosecution’s switcheroo. Without defendants, whatever the prosecution planned couldn’t proceed. Meanwhile the defense lawyers weren’t going to abide a Podunk Springs Judge Roy Bean throwing the law book out the window. If subpoenas aren’t going to be honored, you have to present the legal basis beforehand. Them’s the rules, Hayseeds.

So the courtroom audience, including journalists and media crews who had to leave their television cameras outside, were left to witness a Colorado Springs judge fuming at being out-thunk. The defense lawyers weren’t there to let her quash away with her gavel, without regard for the Colorado Rules of Proceedure, and the judge’s original scheme excluded the defendants so as a result there were no defendants present to accept her rulings. The judge could do nothing but seethe and lecture the audience about big lawyers disrespecting municipal courts. Nevermind that our courts are corrupt mechanisms that trample rights for breakfast. (The ACLU recently released a report damning Alamosa’s city courts: Justice Derailed. Believe me, the identical abuses of power occur in Colorado Springs.)

Nevermind too, what today’s court hearing was supposed to be about: Outrageous Conduct on the part of CSPD and EPCSO, and violations of the Code of Federal Conduct. Today’s defendants were arrested on March 26, 2017, but not for walking in the street. The socialists were arrested because the Intelligence Division wanted to “arrest” an undercover officer, maybe two, in order to give them deeper cover as they infiltrated a student-led group just formed in Colorado Springs. The CSPD body-cam video released to the defendants already proves this. We wanted the decision makers responsible to explain it.

Instead of a comedy of errors spotlighting local law enforcement ignoring the people’s Bill of Rights, the courtroom audience today saw another facet of our corrupt judicial system. They witnessed a judge prepared to ride roughshod over further rights that protect citizens from authoritarian zeal. You may not care how police abuse “socialists” but the whims of a municipal court despot affect everyone caught in their dragnet, be it a ticket or a zoning dispute. Even with an expensive lawyer, you are powerless to object when a judge pretends there are no rules.

What the judge saw today was a courtroom filled with supporters of the defendants and a media interested in their story. She saw that she and her gavel are not going to make this story go away.

Police body cameras reveal Colorado Springs law enforcement used arrests to infiltrate a student socialist group.


COLORADO SPRINGS, COLORADO- Police body worn camera footage accidentally discovered to defendants in the March 26, 2017, protest cases, has revealed a mysterious side story at the Colorado Springs Socialists’ “March Against Imperialism”. At that march, six participants were cited for marching in the street. Meanwhile, a curious seventh was detained, driven off, but not cited. CSPD Officer Krueger’s body-cam recorded what happened and more.

What happened at the March 26 rally, beside the police dispersing a fully legal assembly? This video documents that the CSPD tried to give deeper cover to a team of El Paso County Sheriff’s plainclothes operatives, by giving one of them the credibility of an arrest. In truth, it worked for three weeks and several socialist actions, until the undercover team spooked everyone with their excessively sketchy zeal. As the March 26 evidence was released to defendants, the contradictory police reports began to accrue. Then a file labeled KRUEGER BODY-CAM emerged.

1. Krueger-cam
The first thing you see is the twenty or so protesters, clad in black, waving red flags, rallying on the steps of Colorado Springs City Hall. Speakers are railing against capitalism and imperialism. CSPD Officer Krueger comes upon this scene, among the reinforcements called, because fourteen of the protesters, mostly masked, were observed to have marched on the street.

(Marchers had followed Nevada to Bijou to Tejon to Colorado back to Nevada, trailed by the cruisers of CSPD Officers Mark Keller and Roberto Williamson. Returning to City Hall, participants were told by CSPD Sergeant Clayton Blackwell that they could protest on the sidewalk but would be ticketed if they stepped back into the street.)

As the rally goes on, the officers hear that orders have changed and everyone is going to be ticketed. On camera, Officer Keller relates a possible motive: “LT wants everyone identified.”

(Most of the protesters are masked. Arrests will give police the pretext to register everyone’s identity, whether the person walked in the street or not. By “LT”, Keller may be refering to Lieutenant Webber, who dispatched officers to the scene, or Lieutenant Mark Comte, in charge of CSPD intelligence.)

As officers discuss whether to rush the group or detain two or three protesters at a time, CSPD Sergeant Blackwell discloses to his men: “There’s two UCs in there, and they’ll just take a ticket like everybody else.” Blackwell adds, jokingly: “So hopefully we don’t have to start spraying ‘cause I don’t know which ones they are.”

Officer Keller tells Krueger and Canaan he thinks one of the protesters is concealing a knife. He fingers a masked protester wearing a Carhartt jacket.

CSPD Officer Dustin Canaan knew nothing about the undercover scheme.Though Krueger and his partner, CSPD Officer Dustin Canaan, were informed about undercovers, they don’t know that they are being tasked with arresting one.

Officers Krueger and Canaan are formally instructed that when the move is made to issue citations to the protesters, they are to apprehend “Carhartt”.

In fact, the first planned arrestee of March 26 is “Carhartt”. Aka the sheriff’s undercover.

Officers encircle the rally as Sergeants Ingram and Blackwell tell the socialists that “Everyone is getting a ticket!”

When the officers confront “Carhartt” he loudly abuses them with expletives proclaiming his innocence. He does this to incite fellow protesters to resist the police effort to detain him. Everybody else however is either walking swiftly away or calmly accepting their citations for Pedestrian-in-the-Roadway and Failure-to-Disperse.

City police unknowingly encircle sheriffs undercovers

Officers Krueger and Canaan ask “Carhartt” whether he has a weapon. The suspect responds with a strange command, voiced between clenched teeth: “Pat me down at the car.”

CSPD Office Krueger escorts detainee Mark JacksonThey don’t hear his response and so repeat their question. “Carhartt” sticks to his odd refrain: “Pat me down at the car!”

Krueger and Canaan walk “Carhartt” to their cruiser where he admits he has a weapon, a “M&P Shield 9mm”. He alerts the officers that his gun is tucked into his front waistline, with the safety off. In his pocket the officers find an additional magazine clip.

(Let us reflect for a moment, that only Officer Keller knew about this undercover. Imagine if events had escalated and any of the other dozens of police officers had caught a glimpse of the undercover’s gun. What kind of trigger-happy confrontation could have resulted with the socialist marchers caught in the middle? We might also wonder what Carhartt intended to do with two magazines full of bullets.)

Officer Canaan unloads the 9mm, removes the bullet from the chamber, and places everything on the front seat.

Sheriffs undercover Mark Jackson concealed a loaded 9mm

The officers ask “Carhartt” whether he wants to be cited and released on the spot, or taken to be booked at the station? The detainee responds he wants to go wherever the other arrestees are being processed.

Asked whether he has a concealed carry permit “Carhartt” replies no.

It occurs to the officers that they can’t catch and release someone, however cooperative, if they’ve apprehended you carrying a concealed weapon without a permit.

Officer Krueger leaves to consult his supervisor Sergeant Blackwell about this arrestee who is carrying a gun without a permit.

Blackwell asks Krueger: “Is he one of our UCs?” He explains again: “We have two UCs. Do you recognize him?”

Krueger says no.

Blackwell comes to the cruiser to see for himself.

Sergeant Clayton Blackwell and Officer Dustin Canaan look at their unfamiliar detainee.

Blackwell doesn’t recognize the detainee either.

As Sergeant Blackwell walks away from the cruiser, he tells Krueger the suspect is not one of their UCs, then he ponders: “…unless he’s with the sheriff’s office?”

The suspect gives his name as Mark Jackson, d.o.b. 7/20/75, last digits of SS# 1033, phone number (281) 606-0532. All of which is probably phony.

Undercover Amy Walter speaks with an Eastern European accent.His partner “Amy Walter” has been sitting nearby on the curb. She didn’t flee like the other participants, but oddly, was neither cited nor unmasked like all those who remained.

(“Amy Walter” kept her cover for months after the arrests. She claimed to drive up from Pueblo and only appeared fully bloc’d up. She’s gregarious and eager, and speaks with an Eastern European accent.)

Jackson remains detained in the back seat. After a few minutes CSPD Officer Mark Keller comes to the window to look at the suspect. He walks off camera, probably to tell Sergeant Blackwell that he can confirm the detainee is indeed an undercover.

Blackwell returns shortly to the cruiser to tell Krueger “We’re good.” Lowering his voice, he adds: “He’s UC.”

After some thought, Krueger turns to Jackson and asks in a whisper: ”Are you with the Sheriffs?” The undercover answers in the affirmative.

Krueger turns off his body-cam.

2. Canaan-cam
The body-cam worn by Krueger’s partner, Officer Canaan, has all the while recorded the same sequence of events, but he wasn’t paying attention to the whispers, so his camera continues to record.

Officer Keller walks back to the cruiser, this time to tease the undercover. Keller leans in and jokes about the arrest he arranged by pretending to suspect that Jackson had a knife.

Keller begins: “You really should hang out with a better crowd.”

Mocks Jackson: “I know. ‘Fuck the Police’. Ha ha.”

Keller goes on: “Hey, youse in the street, I figured you should get a ticket like everybody else.”

The undercover then says: “That’s why I yelled ‘COME FUCKING ARREST ME!’”

The two then discuss whether the undercover’s female partner should also be ticketed. Jackson theorizes that one ticket is enough.

Meanwhile an unspoken decision is made not to carry through with Jackson’s citation. This disturbs the undercover. He asks “How will it look when I don’t get a ticket?”


As Officer Mark Keller leaves the conversation at the cruiser, he looks directly at Canaan’s body-cam.

Undercover Jackson then notices that Officer Canaan did not grasp the development. He tells Krueger “You better tell your partner what’s going on.” Canaan turns off the audio on his body-cam.

ANALYSIS
To recap. Sergeant Blackwell revealed that the city had two UCs planted in the Socialist march. Officer Keller knew of the undercover Sheriff’s deputies “Jackson” and “Walter”. An effort was orchestrated to give a citation to “Jackson” but that plan was aborted. Wouldn’t it be interesting to know why?

Jackson’s detainment did not generate officer reports from either Krueger or Canaan, but the alias “Mark Jackson” was listed in three places. 1) on the March 26 police blotter, 2) in the radio log as “Mark Jackson in custody”, and 3) mentioned in passing in the report filed by Officer Roberto Williamson.

For three weeks “Mark Jackson” continued to infiltrate the socialist group, participating in several counterprotests, until everyone gave him the cold shoulder. His partner “Amy Walter” continues to contact group members.

The infiltration operation is extraordinary when you consider that the “Colorado Springs Socialists” essentially comprises the UCCS Socialist Discussion Group, a year-old student club chartered at the school. Though the students sometimes conceal themselves bandanas and hoodies when they attend social justice protests, they’ve committed zero acts of rioting, violence, or property destruction.

Once the video files had been released to the March 26 defendants, city prosecutors fought tooth and nail to quash the defendants’ subpoenas to the officers involved. The judge refused to review the body-cam footage, explaining that the El Paso Sheriffs Office had the discretion to refuse to provide further information.

Defendants insisted the prosecution was obligated to produce all the witnesses it knew to be on the scene of the alleged offenses, whether the witnesses were uniformed police or undercover. But the court won’t concede that the undercover operation merits looking into. The city stresses the importance of detectives being able to remain undercover to monitor ongoing crimes, in this case, jaywalking. The defendants are charged with obstruction and failure to disperse. If those are the crimes worth embedding undercovers, then the officers ought to be summoned to the trial to testify and secure convictions.

The defendants risked just that by insisting that the undercovers come forward as witnesses, but that risk was worth what the defendants were really after. What were those undercovers doing at the rally and at the march? Were they leading marchers into the street? Were undercovers taunting the cops as a demonstration that the protesters heard police orders to get off the street. Most marchers did not hear any orders, nor see police do much other than block traffic for their procession, contrary to the tone set by undercover Mark Jackson’s “COME FUCKING ARREST ME”. To prove the charge of Failure to Disperse” the prosecution has to prove that the accused wilfully defied the police. Jackson’s words seem meant to stand in for that proof.

Likewise, was Jackson’s belligerant response to police trying to arrest him meant to spark more resistance? Very often, riot cops target their own infiltrators who know to act outraged and resistive so that the crowd responds protectively. Jackson was clearly trying to do that.

Most of all, defendants wanted to get to the bottom of CSPD’s complicated operation to set their undercovers up to “take a ticket like everybody else.” How many officer were involved, and why didn’t officers recognize each other? Are the undercovers in fact with the El Paso Sheriffs Office or are they intelligence contractors or government agents? Who was coordinating this infiltration operation and who decided to call off issuing the ticket?

Who above all, thought they needed to insert an armed undercover, or two, possibly four, in the midst of a peaceful anti-imperialism march? Could a socialist group’s reckless co-opting of city streets warrant an undercover team’s reckless endangerment of unsuspecting activists surounded by very likley PTSD-addled police officers?

Jackson’s jittery behavior while detained in the back of the police cruiser hardly gives you confidence that even he should be trusted to wield a gun.

APPENDIX
The Krueger and Canaan body cam videos are circulating online. We’ll link to them as we locate stable copies. Below is an index of the events described above.

On the KRUEGER body-cam:

[0:45] Officer Mark Keller: “L.T. wants everyone identified.”

[3:05] Sergeant Clayton Blackwell: “There’s two UCs in there, and they’ll just take a ticket like everybody else. So hopefully we don’t have to start spraying ‘cause I don’t know which ones they are.”

[3:50] Off-camera officer: “Guy in the Carhartt [jacket] has a knife in his pocket.”

[9:00] Officers Krueger and Canaan discuss orders to arrest “Carhartt” suspected of carrying a knife.

[14:02] Sergeant John Ingram shouts: “Everyone is going to get a ticket!”

[15:20] Krueger and Canaan contact “Carhartt” who responds in a hostile and provocative manner. Unlike the other arrestees who are fully cooperative, he objects with loud profanity and derision.

[18:05] Krueger and Canaan discover “Carhartt” is armed with a 9mm handgun, tucked in his front waistband, and no concealed carry permit.

[20:04] Suspect gives his name as “Mark Jackson, d.o.b. 7/20/75”, and asks: “How do you know I was in the street?” Officer Canaan replies “An officer pointed you out. He’s been watching you the whole time.”

[23:38] Krueger consults Sgt. Blackwell who determines that “Jackson” is not one of their two UCs embedded in the march.

[28:56] Off camera Sgt. Blackwell tells Krueger “He’s U.C.”

[29:20] “Mark Jackson” admits he is with Sheriff’s Office.

[29:50] Krueger turns off body-cam.

On the CANAAN body-cam:

[16:41] Officer Dustin Canaan unloads the detainee’s “M&P Shield 9mm” and places gun, magazines, and extra bullet on front seat.

[22:02] Officer Mark Keller approaches cruiser to take a look at the detainee’s face.

[24:52] Sergeant Blackwell taps on cruiser window, says “We’re good.” Whispers to Krueger (inaudible, but it’s on the Krueger cam where we hear: “He’s UC”)

[25:03] Officer Keller returns to cruiser to joke with “Mark Jackson” about having arranged his fake arrest. Says Keller: “Hey, you’se in the street, I figured you should get a ticket like everybody else.” To which Jackson replies: “That’s why I said ‘Come fucking arrest me!’”

[25:25] Keller discusses with Jackson whether or not to ticket his female partner.

[26:27] Canaan turns off the audio of his body-cam.

Colo. Springs police disperse March 26 anti-imperialism rally because it was easier than listening to socialists

Colorado Springs Socialists
COLORADO SPRINGS, CO- Local socialists assembled at City Hall on Sunday to “March Against Imperialism”. After a brief march and an half-hour rally while encircled by CSPD, the socialists were informed they were “free to carry on with their assembly” but whoever lingered would be issued a citation for having been in the street. Making no distinction for who had and who hadn’t, the police began handcuffing participants and the couple dozen others quickly dispersed. Five socialists were issued citations for “pedestrian in the highway” and “failure to disperse” while another was arrested and detained for failing to show an ID while filming the police. That person was taken to the downtown police station and held until officers finally informed her of the charges for which she was being cited, after which she identified herself. Throughout her detainment, multiple officers kept up a harassment of questions, refusing her requests that she contact her lawyer. CSPD never issued an order to disperse, a fact that is borne out by witness video. But in effect that is what the officers accomplished. They threatened the legal assembly with citations, for failure to disperse!

CSPD cruiser gunboat diplomacy

It made a funny scene. Around thirty self-declared socialists, blockaded by eight sometimes more CSPD cruisers, in a standoff that lasted until the police lost their patience. Socialists spoke against imperialism, the police officers being their main audience that quiet Sunday downtown. Immediately as the march had ended the police had announced that anyone stepping back into the street would be arrested, and so no one did. But a half-hour of speeches proved too much for the officers to bear and so they interjected again, this time to discuss the problem they had with what had happened earlier. We told those officers they were of course free to discuss such matters individually with whoever they considered a person of interest, BUT AFTERWARD, because they were otherwise interrupting our legal assembly. But the officers persisted in their interruption, deciding after the fact what charges to bring, regardless that they’d forgotten to provide the evidence to back them up. “See you in court” they laughed! We’ve heard that before.

On a serious note. What happened Sunday could have a chilling effect on the nascent kick-ass Colorado Springs Socialists. Unwarranted police attention is an unhappy tradition for socialist organizers, from anarchists to trade unions. Sunday’s denouement confirms all their parents’ worst worries, the folly of declaring yourself to be a socialist in a regressive backwater like Colorado Springs. People were arrested? Handcuffed?! Now you’re on a police watch list! I remember my father’s alarm when he learned his college sophmore had a subscription to Mother Jones Magazine.

Fun as it was, Sunday’s event was essentially uneventful: no altercations, no property damage, not even rhetoric to threaten infrastructure. Minus any media attention, or much of an audience at all on a sleepy Sunday evening, these socialists were determined to parade their dissent where and how those around could see, and reaped more law enforcement than the circumstances required.

While you might say the outcome was predictable, it needn’t have been. Students from the wealthier Colorado College have free range on downtown streets, protesting racism or election outcomes on the street without arrests or citations. Every full moon CC students ride the length of downtown’s main street on bike, skate or skateboard, without even police escort. Sunday’s fledgeling socialist organization is a student club of the UCCS campus. UCCS is more working class, for many a commuter campus, and obviously isn’t shown any deference by city administrators.

Compared to the liberal arts curriculum of Colorado College. UCCS is considered more conservative. UCCS hosts business and military related classes. It even has a Brazil-esque Department of Homeland Security -um- Department. So I think it’s all the more admirable that UCCS has spawned a bonafide socialist group that dwarfs even their school’s Young Republican franchise. I’ve no doubt those socialists I met on Sunday will not be cowed by CSPD’s preemptive aggressions. Hopefully their more timid members will take heart.

Public protests are regularly given use of the streets, which like parks are considered traditional free speech zones. The Tea Party and Occupy took to the streets of Colorado Springs without incurring arrests. More recently people have marched for Black Lives Matter and for solidarity with Native Americans fighting oil pipelines. These have produced zero arrests.

In the meantime it will be important to debrief on what happened and unify the legal strategies. All defendants face the traffic offense of being a pedestrian on the highway [sic] and the misdemeanor of failure to disperse, no doubt tacked on to be a droppable charge as fodder for plea bargains. The recalcitrant videographer faces an added charge of misdemeanor interference for failing to produce her ID. They give her no extra credit for providing a pretext for interrogation because she wouldn’t say zilch without a lawyer present, except to explain where and when they were violating her rights. It used to be that cops had to read us our rights.

Police can issue all the tickets they want when there’s probable cause. They can’t threaten to issue tickets for the solitary purpose of disbanding a legal assembly. In the end, the only socialists who got citations were punished not for being in the street but for standing their ground in front of City Hall.

Now Colorado College students have to ask permission if they want to protest


COLORADO COLLEGE- How do you protest having to seek permission to protest? Do it without. But Colorado College students learned on Wednesday that protesters risk arrest for trespassing: trespassing on the private property of a private college ostensibly protecting the non-dissenting students from having to see dissent. It would be interesting to see college administrators have to explain that on their campus, the freedom to speak didn’t include the freedom to hear.

On #D12 #OccupyCS takes on Walmart, company store of the global plantation.

Occupy Colorado Springs in Acacia Park, Sunday December 11, 2011
OCCUPIED COLORADO SPRINGS- Showing the flag today on the Occupy corner of Acacia Park in advance of tomorrow’s 12/12 WALMART BOYCOTT. You might well ask why we passed on a sunny, pre-Chrismas shopping weekend to picket the 8th Street Walmart on a MONDAY. Easy. Our boycott is timed with other OCCUPY actions on #D12, the shutdown of Oakland’s port by #OccupyOakland and #OccupyDenver’s blocking of the Loveland Colorado Walmart distribution center. Solidarity. So we thought we’d dry our new signs today and recruit for tomorrow’s event. The cops came early.


In the interest of FULL DISCLOSURE, here’s the entirety of what was happening on the corner today. Something Native American, related to Hispanic American culture, involving to a troubling degree a number of Catholic clergy, having to do with what, the first occupation? The motorcycle cops were there to escort their procession along Tejon.

Self-named snake in grass Jason Warf presses charges against Occupy Jack

Jason Warf
OCCUPY COLORADO SPRINGS has an asshole problem, fortunately it’s just one asshole, and it’s not Occupy Jack Semple. Colorado Springs Occupiers passed a no-snitch policy Tuesday, in line with Occupies nationwide, but that doesn’t stop Jason Warf, as permit holder for his personal “occupy” franchise, from calling the police on activists trying to make the Acacia Park encampment about more than Warf’s media-whore ego. Fellow occupiers are forbidden to speak and act as anything other than solitary individuals, whether addressing City Council about the 1st Amendment, or answering media questions about what they hope to achieve with OWS. Whereas Jason Warf, self-officialized spokesman talks only about divisions and who’s not part of his movement.

So now Warf has called the police on four-times arrested Jack Semple and is personally pressing charges of trespass, for infringing on his city permit, the same charges he’s filed against Raven Martinez, and an unverified number of others. If the GA can’t fire Warf from his own permitted movement, we can repeal his Occupy license. The city may be okay with granting Jason Warf a permit to muck up real protest, but I’m certain that Occupy Wall Street would pull any permit he thinks he has for his pro-Capitalism, pro-war, pro-police snitch camp.

PS. BTW, the asshole reference was to Mr. Warf’s circulating a memo of instructions of how to rid protest movements of assholes. It was a guideline for snitching basically, but some of the methods of confrontation seemed like they could be used to address Warf, especially if HE thinks they are commendable. Unfortunately the ultimate “intervention” step was already attempted without success, his shit smells that good. BTW P2, Jason Warf dubbed himself a “snake in the grass” when observed sulking far off in the park, videotaping what he considered the transgressions of others. Can someone send me a large photo of Mr. Warf which we can use for a warning poster? And please no pics of anuses.

CSPD Junior Police Explorers learn early to swagger and menace like pros

2011 DIVERSITY FAIR, NOTES, PART 1- What is our police department doing with high school age “explorers?” They’re uniformed and have their own shoulder patch. Exploring what? The limits to which they impose their weight against peoples’ rights? I’m at a civic festival in Confluence Park, across from a canopy whose shade does not conceal a mass of blue uniforms, adult officers bulky with bullet-proof vests and leather, holstering all manner of law enforcement weaponry, and CSPD apprentices, skinnier for lack of the armor and accouterments, but otherwise dressed exactly like police officers, and adopting the swagger which comes of trooping the colors, emboldened by the anonymity of the requisite Ray-Bans.

I don’t know what the CSPD think they’re doing. Community outreach would be far better accomplished in t-shirt and shorts. I can’t help but think that the authority communicated by the uniforms is being abused in this setting. I’m reminded immediately of the menace which fascist youth groups projected over even their parents. These kids are strolling around the event like appointed hall monitors. Patrolling, some of them would you believe, with their thumbs looped on their leather belts. If they had clubs they’d be twirling them.

Of course, they stroll pretending it means assimilation, as if submission to authority is a normal ingredient of any balanced community. I suspect that’s what the early indoctrination “explores.”

Actually, the Explorers get their name because they’re “exploring law enforcement as a career.” Yes any profession would be something an apprentice might want to explore, but police craft is one which requires alerting the public that this uniformed person does not have full-on authority/responsibility over you. Well, responsibility is probably what they’re most concerned about.

No one should doubt the craft of policemanship bears complexities worthy of journeymen, but I’d rather recruits came into law enforcement in the more common manner, after a college education.

Well, this IS the EVERYBODY WELCOME Diversity Fair, so we can’t exclude the Fascists. But do the city’s traditionally marginalized populations really feel welcomed by such an asserted police presence? I’m thinking of the immigration-challenged circles. But in general, how welcome do you suppose Hispanic, African, or Native Americans feel with white kids semi-officially playing cop?

Presumably the Klan was excluded from invitation, like any hate-group, because it offends the hatees. Probably law enforcement should take a backseat too, and not pretend that policing be considered a cultural component of a community.

It’s given me an idea however. Maybe the point could be brought home if we injected the event with worse than these crew-cutted crackers. How about a para-militarized presence?

I’m thinking cops in riot gear, patrolling like it was no big deal. In protest situations it’s become the norm, imagine if the average non-protester were to see the face of the US police state. Would citizens be so comfortable if instead of officer friendly, or junior uniformed friendlies, the event was patrolled by storm troopers. The CSPD knows better than to expose itself like that, but imagine a riotous development to draw them out.

Or, why not assert a pseudo-authoritarian presence for them?

If not riot gear, maybe a paramilitary uniform, American dark blue, with plenty of USA insignia, the American eagle made to look a little Germanic, let’s say. Jack boots, riding pants, leather straps, and black gloves a must.

Technically, the force could pretend to be a secret service, community outreach for the NSA or the plethora of intelligence agencies. The idea would be to present a dark, ominous authority. Handing out small fliers that read “Please take no notice of us, if you’ve done no wrong, you’ve nothing to be afraid of.”

Protest of police state lures police


COLORADO SPRINGS- Outnumbered! Though we comprised a perfectly respectable half-dozen on the hastily organized protest of FBI tactics meant to intimidate, scouting the city blocks which formed our periphery revealed motorcycle cops poised unseen behind corners. Is that merely obligatory, post-9/11, when activists speak out against intelligence agencies? Except for a building security guard who warned us the elevated planters along the sidewalk were private property, CSPD and state troopers kept an unobtrusive distance — well, enough to mask their number. Our sign-holding was the usual peaceful vigil, but our minders parked a solitary unmarked cruiser smack in our faces to keep up with [menacing] appearances. The proverbial chill on free speech.

Should local Israel boycott arrestees face wrongful charges alone, without your support or media scrutiny?

COLORADO SPRINGS- There’s a plan tomorrow, Thursday Jan 6 at 1:30, for the first court appearance of BDS activists Cyndy Kulp and Ted Nace, arrested in November at a local shopping center, and charged with trespass to curtail their free speech. THE PLAN is for the two Middle East Peace Project activists to follow legal procedures unobtrusively, no press, no statements, no calling attention to the Israeli war crime they were protesting, or now the patently unconstitutional abridgment of their civil liberties. Self-censorship does seem odd when the original goal was to raise public outcry about injustice in Palestine. Isn’t media scrutiny otherwise the only opportunity which knocks when you’re gagged by wrongful arrest? Not much of a plan. Are veteran BDS campaigners Coloradans For Peace going to disrupt tomorrow’s agenda to sweep BDS/Free-Speech under the rug? HELL YES.

A strategy of keeping your head low, of tempering your message to avoid offense, of your sponsors and allies disassociating themselves from you, is a plan for mice not men.

While it might feel unseemly to call attention to yourself, even as a victim of injustice, that’s the same inhibition that keeps so-called advocates for social reform from protesting in public in the first place. Standing on the sidewalk, holding a sign is about trying to draw attention.

Long time peace activists Kulp and Nace need not check their outspoken humanitarian compulsions at the door tomorrow. Please turn up at 1PM tomorrow outside the Municipal Courthouse to show your support and help the two raise their voices to further the message about which they feel so passionately.

COLORADANS FOR PEACE is scheduling a press conference tomorrow at 1PM to object to the city’s recently unveiled policy of enforcing severe limitations on rights guaranteed by the First Amendment. In the past this harassment has been aimed at antiwar protest, now it is being used to silence critics of Israeli Apartheid and the illegal subjugation of the Palestinian people. If either of these issues is important to you, please come lend your voice.

Below is the policy which the City of Colorado Springs is seeking to enforce:

COLORADO SPRINGS POLICE DEPARTMENT BULLETIN

ORIGINATED BY: COMMANDER BRIAN GRADY
APPROVED BY: DC PETER CAREY
DATE ISSUED: 05-17-10
GENERAL TOPIC: FIRST AMENDMENT RIGHTS
SERIAL NO: 013-10(P)

The legal counsel for some large business owners has contacted the City Attorney’s Office to request that the Police Department enforce trespassing laws against individuals circulating petitions or otherwise expressing free speech views on their private property. Senior Attorney Will Bain has communicated with the attorneys and has done legal research to determine the current law regarding free speech on private property. Senior Attorney Bain advised that the private rights of the business owner outweigh the free speech rights of the individual.

Additionally, the research by the City Attorney’s Office indicates that at this time the Citadel Mall, Chapel Hills Mall, the First and Main Shopping Center, the World Arena, and University Village can be interpreted to be public areas due to their size, number of stores, and past court rulings. While the malls and shopping center can still impose time, place, and manner restrictions, the charge of trespass will not be appropriate for these five locations in Colorado Springs when addressing free speech rights. BOLOs have been placed on these addresses as a reminder.

All sergeants and officers shall review the additional changes and detailed procedures to be followed in these type cases, which are outlines in General Order 701, dated 01/13/10.

Here is the Coloradans For Peace press release:

Coloradans For Peace and its social justice allies unequivocally reject the City of Colorado Springs assertion to limit free speech rights on public or private property. We reject the conclusion alleged by the City Attorney that current law allows for initiating trespassing charges to curtail individuals “expressing free speech views.”

Whether against antiwar protesters, or activists boycotting Israeli goods stolen from occupied people in violation of international law, we feel that municipal policies should seek to defend, not inhibit, the First Amendment rights of its residents and citizens.

CFP objects to the attempt to set precedent whereby private property landowners operating facilities open to the public can dictate what civil liberties they will allow or disallow. And we certainly oppose law enforcement behavior which takes it upon itself to enforce trespassing charges without being summoned by the traditional complaints to warrant legitimate intervention by police officers.

PPJPC drops justice & peace in favor of Judas kiss & Participatory militarism

You don’t care what our neighborhood Pikes Peak Justice & Peace Commission has gotten its leash tangled around –I shouldn’t– but the latest is just too funny. FIRST, in November they sponsored an Israel-BDS protest to boycott a local Ahava outlet and promptly got two participants arrested. Wrongly of course, but the police were awaiting them with a letter fashioned for the occasion by the City Attorney giving the CSPD authority to drive the activists from the private property. Although planning had been kept on the QT, do you think the reception might have been due to monthly confabs which the PPJPC executive director keeps with city law enforcement? Later in debriefing, the director pronounced his incredulity that the “new policy” hadn’t been spelled out to him at the last meeting. So what kinds of things do the PPJPC & CSPD discuss? SECOND, just as the PPJPC fell for the Save Darfur intervention-as-peacemaking faketivism, then zipped it for Obama’s false hopetivism, now the pitiful dupes call their Muslim-Jewish-Christian “Evening in Jerusalem” gathering a THREE CUPS OF TEA PARTY! Would this be in deference to Greg Mortenson‘s Western Empire [school] building enterprise? That puts the PPJPC in the company of the Pentagon and the Department of Homeland Security, Mortenson’s biggest boosters. The next chance I get I will ask known J&P’ers I promise you — who are the Idiot Iscariots taking this tack? The PPJPC is soliciting donations from earnest yous and mes in the name of peace and justice, to advocate for forfeiting civil liberties and 3CoT’s participatory militarism.

On the AHAVA arrests, do we know who tipped off the cops? Not really, but we know the city’s actions didn’t spring from the media press releases which went out the day before. How much lead time do you figure is required to solicit a written policy from the city attorney’s office? Who had that kind of foresight?

The official word was that the “new policy” delineating which shopping centers might be major enough to be considered public spaces, and which were only average-sized neighborhood no-free-speech zones, was drafted to preempt populist petitioner Doug Bruce from assailing shoppers at will. But he prevailed against the trespassing charges pressed against him by Costco didn’t he. So that pretext doesn’t wash, and by no stretch of the law would a Costco parking lot be considered public.

There is already legal precedence for shopping centers not being considered the new town squares, and the state of Colorado has already put freedom-seekers aspiring to assemble in malls that they must abide by individual mall rules of conduct. At Chapel Hills mall is means, by permit, one at a time, no more than one day per quarter, no handouts, and a moratorium on all social causes over the holiday shopping period.

So a city-wide policy penned by their counsel giving explicit authority for police to remove activists from private property would seem redundant and by its intentional breadth, unconstitutional. But it gives cops-on-the-beat ground not to vacillate.

However CSPD learned about the J&P plans, wouldn’t it seem a crippling limitation to be meeting with the police on a regular basis to give them a heads up about any events that might concern them?

Keep in mind, the PPJPC executive director is avowedly protest-averse. He’s stated he doesn’t see the value to public demonstrations, and they certainly disrupt his ongoing strategy to ingratiate himself and his non-profit into the fabric of local conformist NGOs.

In the case of the Ahava boycott, though the protest was organized by a subcommittee of the PPJPC, toward the press the activists were told to identify themselves only as Middle East Peace Project. That was the PPJPC wouldn’t be tainted by any negativity which the action might draw. You’d think that choosing to distance yourself from motivated peace activists would be justification enough to pretend not knowing of their plans when the police are chatting you up for clues.

What good does it serve organizers if a parent organization is going to maintain plausible deniability but at the same time is helping law enforcement keep tabs on your plans.

There was nothing illegal about the plan to picket the Ahava store. There was nothing illegal about assembling on a shopping center parking lot which is open to the public. There is no need to alert the local police if the only result is that they will finagle a ruling by which you are prevented from exercising your constitutional guaranteed rights.

CSPD intimidates student activists with threat of arrest and inferred brutality

COLORADO SPRINGS- When word got round to CSPD that local college students might be planning a camp out to protest the inhumanity of the city’s recent anti-homeless ordinance, a police commander put another message up the grapevine: all would be summarily arrested. The courtesy call to a local organizer was simply to ensure, he said, that participants be prepared for arrest, and wouldn’t result in chaos with the potential for unintended brutality. The warning worked its charm, never mind the police offering no basis for how and why such a protest would be illegal.

Being without a home is not a crime

Stop criminalizing homelessnessThe CSPD and Keep Colorado Springs Beautiful are proposing an ordinance to make camping illegal. On February 5th, Coloradans For Peace will be joining Ed Billings’ call: DON’T CRIMINALIZE THE HOMELESS. “Bring a sign, and a friend” Friday at noon, in front of Colorado Springs City Hall, 107 N. Nevada Ave.
 
Ed’s made an ad to promote the protest:

Boycott vs. Chapel Hills Mall monitors

Boycott Israeli Apartheid
Please contact CFP if you can take a half-hour shift tomorrow. Gaza remains imprisoned, the FGM activists and aid convoy are still forbidden entry. The peace protesters are being roughed up in Egypt, and DAY 2 of our little Chapel Hills Mall action wasn’t without excitement either.

chapel hills mall security

At the height of our numbers, we were watched over by three police cruisers, a mall security SUV and what turned out to be an unmarked pickup. The law enforcement contingent eventually dissipated, only to reconstitute itself quickly when we decided to drive around the mall parking lot in search of a photographic angle that included the mountains in the backdrop.

As we drove between lots trying to frame the shot, the various police and security cars would weave into adjacent lanes keeping us in their sights. Funny and creepy. I confess to becoming too intimidated to take any pictures lest they pretend we were casing the joint. Did they think we were going to make a break for the mall doors?

In fact, the boycott message is suitably conveyed from the public sidewalk. The mall has written rules which severely constrict circulating fliers and petitions inside. If your application is accepted, for one day per quarter year, the mall administrators can assign you a location far from the bulk of the customers. Political messages cannot interfere with commerce, and the entire holiday shopping season is off limits.

For the most part, holding the placards was uneventful. Most shoppers pulling into the mall responded with blank expressions of confusion. Every so often we had to answer queries shouted from their windows as they waited at the light. Several times we received thumbs up, waves, and honks of support. Other times we could see drivers share words with the police cars keeping watch.

One woman walked by us scanning our signs with a deliberate scowl. “Actually, she she informed us, I like the Israelites.” I didn’t take issue with her, but suggested that what the “Israelites” were doing to the people of Gaza was not right. She disagreed, turning on her heels hissing: “The people of Gaza are Muslims.

Colorado Springs government and police continue to lie about their raids on the Homeless

liars myersHOMELAND INSECURITY REPORT- The CS police, under the direction of Police Cap Ricky ‘Liars’ Myers, are continuing to fudge and pretend their innocence about their raids and harassment against the Homeless population in the city, on behalf of the Business Community which simply hates these unfortunate people. They want them all gone but can’t find a way to get it done without attracting public attention. So they have to play all sorts of mind games using the local press as conduit for their song and dance.

‘The cleanups first received negative publicity last fall after homeless advocates charged the monthly sweeps include improper searches and that personal belongings are routinely tossed out. The ACLU contends the cleanups violate the Fourth Amendment and the Colorado Constitution. ….. In bullet-point fashion, ACLU staff attorney Taylor Pendergrass describes its findings after it “interviewed dozens of persons who claimed to have had private property seized and destroyed by CSPD and KCSB.” Among them is that the cleanups were typically unannounced and conducted when homeless people were away from their camps and couldn’t protect their belongings. “Numerous different CSPD officers have been involved in seizing and destroying property, but many interviewees consistently identified CSPD Officer’s Olav Chaney and Tracey (sic) Fox,” Pendergrass wrote in the letter.’

Taken from ACLU: Cops look into sweeps at camps

UNDO THE COUP begins at home

COLORADO SPRINGS- Rita wants to remind local Democrats about which way to push Barack Obama, come January 20 after the inauguration, and before then, at the local Democratic Party precinct meetings. Whether we have expectations of Obama or not, if he doesn’t know what we want, how’s he supposed to deliver?

Here’s the full text of her latest communique:

CHANGE AND MORE CHANGE
by Rita Walpole Ague

With the Obama inauguration about to happen, may we all come to rest and live in peace and justice and true democracy. Recent comments made by Obama coordinator Bob Nemanich re. the anti-democratic stance certain of his old friends, do not surprise me in the least. Failures of our democracy to function as a democracy are not new, and have been around for awhile – some say since 1947. I recall when the FBI was doing warrantless wiretapping of the Kennedys and MLK, plus countless of their supporters and followers. Such blatant anti-democracy tactics have now reached new levels of power lust and greed under the oh so fascist, manipulative Neocons.

Consider Neocon “spook” surveillance and infiltration into so many organizations and efforts, certainly including numerous peace, and justice, and political and governmental organizations and operations The first such governmental operation that comes to my mind is the democratic and fundamental act of voting and having that vote count. No big secret – vote fraud’s gone broad based and high tech.

Here’s reality, as painful as it may be to face – we’ve lost democracy. And the “change” our almost president Obama has promised to render must first and foremost address this loss of democracy, and all the constitutional violations that go and have gone unchallenged and all too often hide and have been hidden under the guise of “security against terrorism.” In the words of the head of Grandmothers for Peace International, we must become our own media, a job Bob Nemanich did so well following the Democratic assembly when he, acting in his co-ordinator position with the Obama campaign, sent out an email far and wide with a request for info. on the intimidation and disenfranchisement that occurred at the Democratic county assembly in February, 2007.

Bob wanted identified who it was who had stood at the door and turned away countless elected delegates and alternates, many of whom had dangerously been kept standing outside in the bitter cold for hours. How tragic it is that question even had to be asked by Bob and the party vice chair Jay Ferguson, since the Democratic party chair, John Morris, was most certainly aware who this person at the door was – former NSA operative and then current chair of the local A.C.L.U., and now chair of the Pikes Peak Justice and Peace Commission, William Durland. Certainly Morris knew who Durland was and what he’d been assigned to do, just as Morris knew and knows who Durland is and what he does when Morris recently authorized that complaints re. voting “irregularities” be sent to Durland.

And how tragic it was and is that Morris, supposedly a staunch Democrat and chair of the local party, praises people such as El Paso County Clerk and Recorder Bob Balink, the same official who ousted me from his office in Oct. of 2006 as I attempted to cast an early vote and refused to take off my small “Grandmothers for Peace” button. Very recently and far more outrageously, Balink attempted to disenfranchise Colorado College students and keep them from voting, attempting to intimidate their parents with a threat of IRS involvement. Disenfranchisement and intimidation. Isn’t there a pattern?

And what role has and does Colorado Springs being a major “fusion center” play in these and all the other totally undemocratic and unconscionable incidents we’ve experienced here in Colorado Springs – for example, the tear gassing of peaceful demonstrators as they gathered prior to our entry into the Iraq war? Similar tear gassing occurred at that time only in one other city on earth – Athens, Greece. Then there was the brutalizing of the peace demonstrators during the 2007 St. Patrick’s Day Parade – their offense was wearing a uniform of sorts, green shirts with peace signs. They peacefully marched and rode under permit in the parade, and suddenly were brutalized beyond belief. Guess what? No national press coverage, even though one of the top stories of the year happened that day – the dragging in the street by a cop of Elizabeth Fineron, a physically disabled former nun, until she was raw and bleeding on her thigh and stomach, an act of torture still available for view on the internet and in photos which appeared in the Independent. Talk about terror!

Cursed until the day of her death with post traumatic stress disorder following her being so brutalized, Elizabeth died a year and a month later, the victim of a fully “infused” Colorado Springs Police Department. Next came the arrest, handcuffing and removal of two peace demonstrators at the 2008 Democratic State Convention, along with the destruction by police of the support poles for the banner. Their true offense was standing outside police lines, holding up a banner that asked: “Dems, please stop funding the war in Iraq.” Waiting to enter the arena to take part in the convention, elected delegates and alternates cheered the demonstrators, as simultaneously, unidentified persons, standing on a nearby hotel roof with a hyperbolic dish, surveilled and recorded the entire arrest incident. The official offense the police initially charged the peace demonstrators with was “obstruction,” but that charge was almost immediately abandoned and replaced with the charge of “trespass.” Guess who would be the party to bring and pursue such a complaint of trespass? You guessed it – the leaseholder of the convention site, the Colorado state Democratic party!

And then came the request by the head of the Pikes Peak Justice and Peace Commission, at that time but no longer located behind the Independent in a building which the Indy owns, for police to appear and question and possible place under arrest four individuals, myself included, who sat in folding chairs in a streetside parkway outside the J&P office for an hour one spring evening and discussed the upcoming Democratic National Convention in Denver. We considered what “infusion” style police tactics might be (and unfortunately were) used on peace demonstrators. Once again, it’s difficult to miss the pattern of disenfranchisement and intimidation.

Rather than standing watch on the constitution and democracy and asking the hard but vital questions that are the basis of all good critical thinking, the U.S. has allowed itself to be spun by the greed and power mongers and their corporate controlled mass media into a state of “La La Land.” Not only was Elizabeth Fineron a victim of a fully “infused” Colorado Springs Police Department, but the peaceful older disabled woman, an Obama supporter, a teacher who dedicated herself to peace and justice for all, was a victim also of a naive, consumption preoccupied, unquestioning and not sufficiently concerned U.S. populace.

It’s increasingly apparent that what all this spells: COUP! Certainly we all, under the leadership of our man Obama, need to address the Neocon-insurged “IT’S THE ECONOMY, STUPID” peril we find ourselves in. But until we place as our number one priority the return of true vs. token democracy, and do what it takes to “UNDO THE COUP,” we’ll continue to be at the mercy of the military/industrial/corporate power and greed mongers who, like Bob’s old school friends, think we Americans are stupid, should not be able to vote, and believe democracy is a quaint, antiquated, naive institution. Our democracy, which has been tortured, waterboarded, and all but done away with over the years, will be beyond resuscitation if we don’t clearly concentrate on the root of the problems underlying the economic and total undemocratic mess we’re in today.

Let’s keep the faith, and Obama-style hope. Let’s honor of all our U.S. brothers and sisters who, along with Elizabeth Fineron, have donned a uniform and fought and died for their country – for democracy and the constitution, for lasting peace and fundamental justice. Let’s rejoice in the not so minor miracle that’s happened – the election of Barak Obama. Let’s celebrate his inauguration. Let’s push hard and fight peacefully but firmly for the change we so desperately need. And let’s never stop reminding our soon to be President Obama that we’re counting on him to bring about the change he’s promised – the change we so need and long for.

President Obama, congratulations, and never forget – we want to help you and your appointees to UNDO THE COUP!

Rita Ague

Springs ranks 3rd in arresting drinkers

IS COLORADO SPRINGS THE NATION’S 3RD DRUNKEST CITY? Relax, we rank third in criminalizing social drinkers for the sake of city revenues. The statistics used in the Men’s Health Magazine study do not measure per capita consumption of alcohol as the title might imply, but are weighed heavily with law enforcement figures, among them, the number of DUI arrests and number of M.A.D.D. programs mandated.

Denver ranked first in the nation, which could indicate the law enforcement methods are related. Both are cities spread over large expanses, with terrible public transportation systems. If there is more drinking in the Rocky Mountains than elsewhere, obviously the Front Range is the most inhospitable environment.

The regions also share the same MADD administrator, publicity hound Pam Vanoverbeke, who’s always ready to tell anyone within earshot that drinking + automobile = death. Vanoverbeke will often ignore the vehicular variable altogether. After all, and increase in drinking does mean an increase in accidents, the number of vehicles remaining fixed.

For example, arguing against relaxing enforcement of drinking on college campuses, Vanoverbeke warns: “If you make alcohol more accessible to youth more youth are going to die.”

Vanoverbeke tells her captive audiences at the court-ordered MADD events that she’s been personally impacted by five drunk driving accidents. Apparently that personal epidemic is translating into an ever alarmist image for the Front Range. And building municipal revenues. This funding method amounts to a regressive tax, because those who can afford it can opt out of the corrections treadmill with a good lawyer.

COS drops convention trespass charges

Park sidewalk
COLORADO SPRINGS- At this morning’s motions hearing in Municipal Court, the city attorney asked Judge Spencer Gresham to dismiss their case. Due to “discovery issues we cannot resolve” and “internal misunderstandings,” the city dropped the trespassing charges against Peter Sprunger-Froese and I. So let’s see. They arrest us in front of hundreds at the World Arena, detain us until our chance to protest the State Convention is over, put us through five court appointments, then decide we shouldn’t have been arrested? And they didn’t even say that.

It was rather hard to stomach. A city prosecutor explaining that complications with the evidence led them to conclude the case wasn’t worth pursuing. No apology, no admission of error. Simply that taking us to trial was now thought be too inconvenient.

This after claiming there was no additional evidence from World Arena surveillance cameras, no tape from a the police observation van across the street, no recordings from the spooks with parabolic dishes above the Hampton Inn, no better audio track and additional footage to accompany the chopped up inaudible video they did offer us, no transcript of the public meetings beforehand where contradictory descriptions were given of a planned demonstration area.

This after maintaining that a “Free Speech Zone” was clearly marked when their own video showed that it wasn’t.

This even after fighting our request for a jury trial.

We walk into court and the same stonewalling city prosecutor declares that the City of Colorado Springs has decided to be magnanimous and drop the charges.

To his credit, Judge Gresham did ask if the city’s request was based on finding the new evidence exculpable. No, your honor, said the city prosecutor, this was just about the mounting difficulties of complying with the requested discovery.

The judge asked if the defendants had any objections. Our attorney said no.

This was not something we’d discussed as being an available options, but our lawyer answered on our behalf. Peter and I would be apprised later that voicing any objections would have been deleterious to being cleared of the charge. Otherwise, we for damn sure had objections!

Can you usurp someone’s free speech only to admit later you had no cause? There was no apology actually. Can they do that? I am Goddamn incensed that my rights were shoved aside, handcuffed, escorted, photographed, fingerprinted, detained, driven to the other side of the city, made to wait for a ride back to my car, denied the chance to return to what I was doing before I was arrested, now it turns out, for no cause!

What about the repercussions? I’ve got friends thinking I’m a troublemaker, when in fact I didn’t make trouble. It was heaped on me by uniformed misapplication of authority. Can they do that? Others are now sheepish about expressing themselves publicly because those police officers acted illegally. That’s the chilling effect of law enforcement given too much power. Now what? Honestly I’ve got friends who in the past have shown great courage in the face of repression and injustice, made into sheepish cowards who think speaking up means being insufficiently peaceful.

This is the result of the City of Colorado Springs police making arrests however they damn please. Is that going to stand? How many more acts of police intimidation are we going to tolerate before the chilling effect silences everyone?

Probably you’ve discerned where the meat of this case might have been found. It would seem to be what the city wants to avoid coming to light. It’s where a civil case is going to find incredibly flammable fuel.

Will free speech arrest merit a jury trial?

COLORADO SPRINGS- I figured our Motions Hearing today would be a perfunctory affair. Wrong! The city is denying there is more evidence, they want us to waive our right to a speedy trial, and, they asked the judge to deny us a jury trial. Can they do that? The judge will give his written decision by Friday. On whether we have a Constitutional Right to a Trial by Jury.

A trial by a jury of one’s peers
It seems between the first appearance at which we were granted a continuance, then the arraignment where our attorneys set a pretrial date, neither of the judges asked about a jury trial. We entered a plea of not-guilty, but were never asked if we wanted a jury trial, nor asked to deposit a $25 payment. It wasn’t until the pretrial conference that the judge looked over the paperwork and noticed no deposit had been made to reserve a jury trial. A motions hearing was scheduled, where among our requests, we would have to ask for a jury trial.

Our attorneys cited precedent today, that even in the event of attorney negligence, the right to a trial by jury is considered so important that it’s been granted to defendants who’ve previously declined it. Regardless whose mistake, they argued, Peter and myself were clearly never asked and could under no circumstance be considered to have waived the right.

The city on the other hand explained that precedent in municipal court has long established that a trial by jury in petty offenses is not a Constitutional Right, and instead is a “Statutory Right.” Meaning that if the defendants have not followed every provision of the statute, they sacrifice their opportunity for a trial by jury.

Judge Hayden W. Kane II declared that he would issue a written decision on the matter, by the end of the week. This move does not look encouraging to us. The judge faced two very competent defense attorneys and perhaps didn’t dare rule against them in light of rebuttals they might have offered.

Evidence withheld from Discovery
Through discovery, the city has offered that the only evidence they have to show us, besides officers’ accounts, is a hand held video with unintelligible sound. Nothing else. At today’s motions hearing we proffered affidavits to the effect that men were observed with parabolic dishes above the Hampton Inn. As well, some CSPD officers observed the arrests from the basement of the World Arena, indicating that surveillance footage would be available from there.

The city has denied any of this exists, and in making the argument that cameras don’t always record their footage, the city lawyer explained that she learned policemen were observing from a van across the street, but that their cameras were only capturing a live feed, and weren’t recording. Whether you believe that or not, in either case those “witnesses” had not been revealed to us in discovery.

Peter and I are quite interested in video evidence because it was very plain to us that we hadn’t stepped over any tape. Surveillance footage would show that there was no division between a “booster zone” within the “free speech zone.” Audio will also demonstrate that our conversation with police was amicable and betrayed our earnest interpretation of where our speech was permitted.

But the judge appeared to give the rather novice city lawyer all the slack, offering her ten days to get the evidence to the defendants. If the judge decides we don’t have the right to a trial by jury, our lawyers will have to appeal. To my knowledge this will spoil our opportunity to have a speedy trial. A trial date has been set for August 29.

New chairwoman of PPJPC Board calls the police on members of her group!

Called to the sceneAfter over a year of meetings between PPJPC office staff with the police here in Colorado Springs and a purge of the former activist Chair of the group, it has been obvious that the Pike Peak Justice and Peace Commission was already in a state of steep decline.

The group is hemorrhaging money from its overpaying their office staffers who are glued to protecting their salaried positions at the expense of the rest of the membership, and its misuse of its office itself, which is almost always closed to the public. The group has no internal democracy at all, and it is very difficult to work with the proprietors of the club But tonight, we really got a glimpse of what a mess this group has become, as member activists tried to come together in a meeting at the office to decide how to protest the US government plans to start war against Iran, and how to participate nonviolently at the Denver Democratic Party Convention?

Re-keyedUpon arrival at the offices, we found that the locks had been re-keyed, and the place where the spare had always been kept was hanging open as a kind of insult to us who had planned to meet inside. This, despite the fact that the key had stayed the same for years, and the Directors have secretly made the decision to vacate the present offices at the end of next month! Evidently they found it so imperative to keep us from using a meeting space inside the office that would not be controlled entirely by the paid office officials, that they dished out the money to the locksmith.

Lock-boxWe decided then to sit outside and meet there instead, hardly being anything other than the non-violent pro-peace activists that we are. In fact, even though we are members of the PPJPC, we had to meet outside the space that our dues had helped pay for!

We were not a large group at all, simply because the office staff and new Chair of the group had already done what they could to keep the meeting from being publicized to its own membership. They have no plans to participate in the national protests against a War Against Iran, and did not want others to get involved in this activity. In fact, they plain just hate it when we try to democratically decide our own activities rather than taking their own orders about what should be planned by them.

It wasn’t a particularly interesting meeting, and we felt quite stymied. We had been accused of setting up another organization, but that was not the case, and the office staff well knew that. We have not paid with our time, energy, and money to build this group, just to let them run it into the ground without any effort on our part to do alternatively. We agreed among ourselves that despite being locked out by an undemocratic group of PPJPC paid workers who have hijacked the group with the help of a few Board people, that we would continue to try to build the PPJPC.

Finally, meeting over with, we had almost packed up all our signs and equipment, and what comes rolling our way? Well, if it wasn’t the Colorado Springs Police Department, who said that the Chair, that it was she who had complained to them that we were trespassing and to come over and threaten us if we did not disperse!

What a road this group has traveled since seeing one of its former Chairs literally cry in front of the mayor and city council of the city, about how we proPeace activists were peaceful and misunderstood by the community and city government. He was, in fact, the Chair of the Board that helped put the current one in charge since he has moved to another city, and his pick is the woman who is now calling the police on the members of her own group!

The office salaried trio inside, those raking in tens of thousands of dollars in wages a year as they drive the group into bankruptcy, have organized themselves into a barricade against any change happening. It is really sad to see all this donated money go to waste, as the Chair can presently organize not much more than just calling the police on members trying to meet to plan antiwar activities in the city.

Officer PaladinoThey must truly be laughing and snickering at the mayor’s office, and the Chief of Police’s office? What a sad spectacle the PPJPC is becoming under this clique that now welds power over the group. All those meetings with this little clique of self important office troopers has really paid off, in helping the police mainly dismantle this group today. The cops that came by thought the whole situation worthy of a laugh. They were ‘the good cops’ though, and Officer Palodino would have done it entirely differently, no doubt.

Taser use by CSPD not minimum force

Mark Lewis took this video in Acacia Park Saturday. His notes are below.

Police shot this man with a Taser in the park Saturday, July 12, while I was taping the IVAW Tower Guard action nearby. There had been a fight and one man was arrested earlier and you can see the paramedics attending to a woman on the ground behind the police, who was involved in the earlier fight.

This man was arguing with them about something and so one cop held him while the other shot him from about three feet, and they arrested him. He had stopped resisting and was talking to them, and had both arms behind his back at that point and the arrest and handcuffs could have been applied without this.

The waist-level attempted tackle from behind was poorly executed and did not pen his arms, so the cop could have been injured as a result. He could have also been shot with the Taser.

I don’t know what the argument was about and I don’t know what the guy did, but this is punitive use of a Taser to me, and not needed by the four cops that could have arrested this man without that level of violence. It is certainly NOT minimum force, which is the department requirement.

CSPD forced to give unwarranted tickets

COLORADO SPRINGS- Of course it’s imperative to take a hard line on dishonest officers of the law. But I have mixed emotions about these two: 2 MOTORCYCLE COPS FALSIFIED TICKET NUMBERS. They weren’t issuing unwarranted tickets. No, they were in trouble for wanting NOT to give out unwarranted tickets. Should that be discouraged? Let’s give the officers a medal for bringing a bad bit of law enforcement policy to light. But I want to see a third policeman in bigger trouble. incredibly, “A police spokesman said there are no ticket quotas.”

Wouldn’t you say that policemen who lie to us about how laws are being enforced are about as bad as it could possibly get? “Lt David Whitlock said no such order exists in the General Orders that govern Colorado Springs police.” Why were the traffic officers compelled to falsify their ticket numbers? The forked-tongue spokesman “could not rule out the possibility of a ‘minimum performance standard.’

There it is. Totalitarian doublespeak. We don’t torture people in jail, we just have ‘minimum comfort requirements.’ What assholes!

We don’t want quotas by any definition! We may laugh about means to keep police officers from the donut shops, but it’s up to their supervisors to make sure they are doing their jobs. We don’t need them returning with scalps to prove they’ve been busy, regardless whether their victims were law-breakers. Can we mandate that traffic cops write forty tickets a day if they don’t encounter 40 infractions on their rounds? By relying on revenue from traffic citations to meet their budget requirements, the CSPD may be encouraging worse falsification. False charges, false witness, false arrest.

How exactly did management catch up with these two? Was there a budget shortfall when forecasted ticket earnings -based on the policemen’s paperwork- did not match the Municipal Court takings?