DENVER, COLORADO- Native American Paul Castaway was having a schizophrenic episode when his mother called the Denver police for assistance. Castaway held a knife to his own neck as he tried to hold off the officers but they shot him anyway. As DPD cuffed the dying 35-year-old, Castaway spoke for everyone when he asked “what’s wrong with you guys?!”
DENVER, COLORADO- A #JusticeForJessie action led by Branching Seedz of Resistance jumped into the Denver Pride Parade to block a police contingent from joining the procession. Activists held off the DPD for 10 minutes while leaders spoke against the January 26 murder of queer Latina teen Jessica Hernandez by DPD. After the disruptive standoff, BSEEDZ stood aside and was cheered by passing paraders until tucking themselves back into the parade under cover of allied group.
Despite the #Black Lives Matter theme of the MLK Marade earlier this year, no opposition was shown to marching side by side with Denver police. At PRIDE, community youth leaders were having none of that.
Just after the start of the parade, BSEEDZ wove through the crowd until they were ahead of the DPD cycles. Then with cries of JUSTICE FOR JESSIE and DISARM THE DPD they stopped the show.
DENVER, COLORADO- Occupy Denver activist Caryn Sodaro was arrested in April for filming Denver police officers physically tormenting a drunken itinerant behind the Argonant liquor store on 760 East Colfax. Appearing in municipal court yesterday Caryn learned her accusers aren’t the DPD but Argonaut itself, whose employees charge Caryn with trespass for not removing herself from their parking lot with sufficient deference. Caryn was among a group of onlookers who were hoping to curb the police abuse by recording it. Of course documenting police brutality is not illegal, so the City of Denver is relying on private interests to complain to take the heat from law enforcement’s decision to make an arrest. You might well ask, what interest does the Argonaut have to keep customers or passersby from witnessing police officers kicking homeless men behind its store?
Caryn was retreating as ordered. In fact she was four spectators removed from the crime scene when DPD reinforcements lunged toward her to nab her.
Now the DPD want to hang Caryn’s arrest on a technicality, that she was trespassing, ignoring whether witnessing the potential commission of a crime wouldn’t be sufficient excuse to bend the Argonaut’s property rights. No one otherwise pretends that crimes like domestic violence are protected by claims to the privacy afforded by private property. Why does the DPD think its officers can indulge sadistic tendencies behind a veil of private security guards?
On Tuesday Argonant dispatched staffers Chris Crowley and William Dehl to bear witness against Caryn Sodaro. I wouldn’t bother to highlight the pair’s personal identities here were it not for a colorful twist in the courtroom which in retrospect is unsurprising from blond thick-necked goons who may delight in watching inebriates get the jack-boot. Waiting their turn to receive instruction from the judge, Crowley and Dehl amused themselves through the long morning docket by making disparaging and racist remarks to each other about the mainly Hispanic and black defendants in the clutches of Denver’s judicial quagmire, many of whom were in-custody and could not post bond.
The Argonaut has been a Capitol Hill favorite for a half-century, and no doubt it has finessed the art of dealing with the regular drunks. No doubt letting local officers vent their anger against bums in back alley is a tradition in the liquor biz. Fortunately cell phone cameras mean those days are waning. The Colorado legislature recently reinforced the public’s right to film the police. It can hardly be in the Argonaut’s best interest to shield police brutality from citizens who want to intervene. The Argonaut doesn’t want to highlight the consequence of alcoholism. Hopefully despite Argonaut’s efforts, getting rolled by the cops will prove to be less inevitable.
The COPS-GONE-WILD video of 14-year-old Dajerria Becton getting manhandled by McKinney Texas police officer Eric Casebolt got him in trouble. It’s even meant trouble for the racist woman who started the fight, for the racist who called the cops, for a school principal who defended the officer and for another teacher who defended the racism. I’d love to see repercussions too for the crackers pictured in the video waddling about with impunity as the black teens are being picked out. All that, not because some racist shit went down in McKinney TX, but because someone videotaped it and it went viral.
NOW IMAGINE if the cop had pumped four bullets into the teenager, killing her!
Imagine if he’d fired a total of eighteen bullets and he kept pulling the trigger even after he’d emptied his magazine!
How upsetting would that be to see?
If you could imagine that girl a Latina, in a car full of Latina teens, one January morning in Denver, you’d be picturing the police murder of Jessica Hernandez on January 26, 2015. 
Jessica was unarmed, parked in a vehicle purported to be stolen, with four friends.
If you imagined there might be a video of that too, you wouldn’t be imagining things. Someone did make a video, in defiance of police ordering everyone to put down their phones. By a twist of unhappy fate, the Denver police took that video into evidence. They assure us it shows nothing remarkable. I imagine that might be what authorities in McKinney TX would say about their pool party video if it wasn’t in the public’s possession.
DENVER, COLORADO- It was day two of protesting the neoliberal agenda of the Clinton Global Initiative 2015 conference held at the Denver Sheraton. Activist had already had Secret Service warn them about jumping out in front of the motorcade and security guards claim the sidewalk was private property, when a Denver motorcycle cop threatened to issue tickets to any protester who didn’t remain standing. Denver does have an unfortunate anti-vagrancy ordinance that forbids sitting on the sidewalk. Though activist were surrounded by ordinary people eating their lunch or catching some sun, this officer made it clear that he had the discretion to decide which activity was allowed and which wasn’t. To quote David Anderson, who took the picture: “What a Joke!…One of Denver’s finest? Lard ass cops tells Caryn and Brandi they cannot sit down on buckets while protesting. Notice! Fat ass cop gives out warnings from a SITTING position!”
DENVER, COLORADO- The weekly protest and homeless feeding in front of the LoDo Tattered Cover bookstore was interrupted on Friday night by the police, this time to serve a noise complaint against a six year-old who’d been beating on the bucket drums with his friends. The operation required two backup cruisers while six more laid in wait.
The feeding began as it does every week. (Photos by David Anderson and Eric Verlo.)
There was a kid’s picnic.
Late arrivals noticed a buildup of police cruisers to the South.
We stopped for a photo op with an array of cruisers waiting to the East as well.
We hadn’t intended on drumming or chanting this week but by special request we brought three drums from the car for the amusement of the children.
They played merrily until Officer Friendly rolled up.
To quote David Anderson:
Denver police get tough with children; During a protest of the Denver Camping Ban, at the Tatter Cover Bookstore a police officer admonished a five year old boy. The officer explained to the little boy, that it was OK to protest but that he was not allowed to have any fun while doing it
Not only three cruisers but an undercover officer (in the grey t-shirt).
It’s become so critical to record the US police state. By the time I got my camera phone ready, my photo of an excessive buildup of police cruisers at Civic Center Park was photo-bombed by exactly one too many veterans of police brutality already recording the buildup.
DENVER, COLORADO- Rain kept numbers down at the event yesterday calling for Denver officials to investigate the brutal police murder of Latina teen Jessica Hernandez. Even as the crowd influx never surged beyond steady, over the course of two hours the police force arrayed against Occupy Denver and their allies never wavered from the usual: disproportionate and overwhelming. The DPD is obviously taking no chances with the potential firestorm the teen’s killing could ignite in the Denver community. Excellent. Humbled as we may feel that it takes so few activists to threaten the system, we feed off that fear. Individual police officers can denigrate protesters all they want, obviously the protests have their respect.
DENVER, COLORADO- As Occupy Denver learned with the recent verdict, even one drummer performing an unwanted refrain can be considered loud and unusual enough to earn a complaint. With the Tattered Cover Five temporarily shell-shocked, reinforcements have arrived to bridge the gap, last weekend in the fearless personage of Colt Justice, who reports contrary to expectation, he was not arrested. Game on heartless Denver, lest Tattered Cover patrons and other Denverites ignoring the plight of the homeless fail to yield to the disturbing protestations of the Occupy homeless advocates.
DENVER, COLORADO- Anonymous dedicated May’s Every5th to victims of Denver police violence. For Cinco de Mayo, Anons brought PINATAS in the likeness of the DPD! Many “Every Cinco” attendees were victims of the pepper spray incident of April 29, when DPD riot cops tried to exterminate its infestation of stubborn marchers by fumigating them with cayenne pepper. In response, Anons considered macing the piñatas, but aerosol wasn’t going to bust these piggies open and guests were eager to get to the chocolates and FTP pins inside. Participants took turns whacking the pigs with UMBRELLAS, Occupy Hong Kong’s answer to pepper spray. After an interminable beating the pigsters gave up.
The EVERY CINCO bash on the west steps of the capitol
Three little piggies
Blindfolded Anons
Preparing to spike
Going
Gone
DENVER, COLORADO- It started with a cop falling off his motorcycle, being pushed it’s alleged, by a bicyclist. Paramilitary officers piled on the cyclist while playing Orkin Man to Civic Center Park’s infestation of free speech. Photos from Denver’s April 29 march against police violence reveal that pepper spray was used less to disperse the hundred or so marchers than to repel Youtube bites. Photos by Patrick Jay and Jason Metter.
Although the marchers had already been herded back unto the sidewalk, militarized state troopers laid down a smokescreen of spray to create a no man’s land around their arrestee.
The march was 2% black, but the DPD chose from the 2% minority for the first arrests. Here activist Al Nesby has been pulled from the crowd while tablet-bearing witness David Long records the irony.
An officer assists in Al’s arrest by directing pepper spray at David whose perspective was apparently too up close and personal.
The officer also arcs his spray toward photojournalist Tanner Spendley.
Here officers spray an activist who was only mouthing off.
When the DPD aimed their pepper spray at individuals, it was because they bore cameras. Otherwise the spray seemed intended to fumigate. At no time were police officers under attack or trying to break apart a stubborn crowd. The pepper spray was dispensed like backwoods insect repellent toward an unseen foe whose sting the officers feared.
Wrote activist Jason Metter:
I believe the cops intended to attack us from the moment the march began. The cop who dropped his motorcycle, unprovoked, started a mini cop-riot by pretending to have been pushed. I did not see any protestors take aggressive actions against the cops. It seems the cops pepper sprayed us to prevent us from photographing and filming them and to punish us for not being meekly obedient to their unreasonable orders.
Even as the clouds of cayenne aerosol appear distant in these photos, each debilitated the nearby subjects and required rinsing of clothes, hands and faces.
Production note: all photographers were harmed in the taking of these pictures.
DENVER, COLORADO- Fresh on the heels of their courtroom victory, Denver police tell protesters at the weekly Tattered Cover picket: “We’ve received a complaint. Stop using the bullhorn or you will be arrested.” This from the window of a Homeland Security vehicle!
On May 6th a jury upheld Denver’s Disturbing the Peace ordinance, giving officers the right to stop political speech if they had the pretext of an onlooker’s complaint that the noise is “loud and unusual”. In the case of the TATTERED COVER FIVE, the objectionable noise was that of bucket drums. Case law has already established that protest drumming is protected speech, but city attorneys argued that didn’t apply if the intent to make noise had nothing to do with the protest message. Though megaphones were cited as contributors to the noise, the city and its police officers were careful to warn the protesters that only the drums were the offending elements, presumedly because what came across over the megaphones was pretty obviously speech.
Denver Occupiers returned to the Friday protest with little trepidation because we didn’t have our drums. We conducted the 5:30pm homeless feeding, then led chants and distributed fliers as we have every week since January 2014. We were discussing perhaps using drums again, maybe beating them softy this time, when activist at the corner holding down the vocal outreach reported an alarming escalation.
At 7pm the protesters at the corner of Wynkoop and 16th were approached by a police vehicle. From a rolled-down window an officer told they had to stop. “We’ve received a complaint” was the introduction we’ve heard before. “Stop using the bullhorn or you will be arrested.”
Um. No?
It’s the slow creep we anticipated, though probably a swifter kick of the boot than we expected. Give the DPD an inch and they want to hang you with it.
Except this was no mere DPD cruiser. It was a police vehicle marked “Federal Protective Service” from the Department of “Homeland Security”. Purportedly enforcing a noise ordinance.
So what next? The course seems obvious but it means someone willing to risk arrest, someone ready with a camera to record official interactions, and others prepared to backup the videographer and act as legal observers. Should a simple protest aming to interact with the public require such an infrastructure of extra activists? When Occupy Denver undertook to boycott the offending businesses behind the Urban Camping Ban, it seemed commitment enough to feed the homeless, hold signs and print fliers. Now we have to consult attorneys and spring legal traps for the popo.
So who’s up to play bait?
DENVER, COLORADO- The trial of the Tattered Cover Five concluded this week. For three days a municipal court considered whether a complaint made against protesters drumming in front of the downtown Tattered Cover Bookstore should or should not curb the protesters’ freedom of speech. And the jury really didn’t get it. Not only did their verdict uphold the police’s discretion to decide whose speech can be considered to be disturbing the peace, but the jury introduced their own arbitrary enforcement, judging some drummers guilty and some not, even though the complaint which prompted the charges was based on the “loud and unusual noise” generated by the ensemble.
The jury had even heard testimony that defendants were threatened with arrest if we “so much as touched a drum.” How then could this case be about disturbing the peace via loud noise? Defense attorney David Lane knew our acts of defiance were more accurately “disturbing the police.”
More obtuse than the Denver jury was the presiding judge, who resisted every rational objection and motion to insure that blunt authoritarianism always received the benefit of the doubt. I’ll admit our supporters in the audience were glib throughout the trial as our lawyer David Lane could hardly sidestep using the dumb and dumber city attorneys for mops. But the judge always ruled in dumb’s favor. It was as if courtroom 3H was an Affirmative Action program for logical fallacies, and the judge was a rubber-stamp for the rule of bad law.
This was never more clear than in the trial’s final moments, when extra deputies ringed the courtroom and then arrested an audience member.
Just before the jury was to emerge with its verdict, the judge reminded everyone that filming or recording the jury was prohibited. David Lane voiced his objection at the buildup of officers in the courtroom without cause. As usual the judge was dismissive.
Lane emphasized that in all his years this was an uncharacteristic show of force. The judge didn’t care: “Objection noted.” It was her usual refrain.
As the officers moved closer to the audience to make their oppressive presence felt, the activism instinct to raise cell phones at the ready gave the officers their cause. This escalated into a standoff, with the deputies ordering an activist to leave the courtroom. His protestations of innocence were interpreted as resisting so he was led off in handcuffs, prompting of course more impulses to film the arrest.
When more officers began targeting more cellphones, a voice of authority rang out. It wasn’t the judge calling for order in the court. No, she was satisfied to let the deputes maraud through the audience and extract people with physical force without even looking up from her monitor. It was the sonorous voice of David Lane that brought the officers to heel. He said “Nobody can take anyone’s phone.” Lane’s gravitas had never given the judge pause but it stopped the deputes in their tracks.
“The most an officer can ask you to do is to put your phone in your pocket” Lane continued. One activist was holding his phone aloft in a game of keep-away with two deputes. Hesitantly he and the other audience members pocketed their phones.
When the jury members made their entrance they were greeted by a militarized courtroom and an audience numb with shock over the justice system’s indifference to abuse of power. We were in for a worse surprise.
It could be the jury did step up to David Lane’s challenge. He’d told them they would never in their lives wield as much power as they did on this jury, their chance to fashion how First Amendment protections are upheld. Except they didn’t share Lane’s or our concern for holding off a police state. Instead they sided with the prosecution, who urged they preserve “the right to ignore someone else’s opinion.”
Honest to God, our weekly protest at the Tattered Cover was presented to have been about the Urban Camping Ban. The jury understood we were urging people not to ignore the plight of the homeless. The city prosecutor’s words could not have been more ill chosen if one is embarassed by irony.
I was one of the defendants in the Trial of the Tattered Cover Five. One of us escaped charges due to a clerical error, two others were found not guilty for lack of self-incrimination. Tim Calahan and I were convicted of Disturbing the Peace, specifically for having created a loud and unusual noise in violation of a City of Denver ordinance. I got two convictions, community service, court fees, one year’s unsupervised probation, and supervision fees (yes that is a non sequitur), but all of it stayed pending appeal.
David Hughes arrested
So what happened to the courtroom arrestee? I’m free now to say that his name is David Hughes, Denver Occupier and IWW organizer. David wasn’t released until the next day, mostly because neither the city nor county was sure with what to charge him. David was kept in an underground cell between the courthouse and the county jail while the trial went on.
Stunned by our defeat in court, our now un-merry band’s attention was diverted to our imprisoned comrade. David had refused to be excluded from the courtroom and next we learned that, like any good Wobbly, David was refusing to reveal his identity. By chance his wife held his wallet and phone so David was free to complicate his abduction as anyone innocent of charges might. We continued to shout “Free John Doe” outside the courthouse in solidarity late into the night.
Was David guilty of using his phone camera? It’s generally understood that recording devices are not to be used in courtrooms, to respect the privacy of witnesses, the jury, and the accused. In this case the judge had specified not recording the jury which had not yet entered. What had interested David was the disproportionate buildup of sheriffs deputees. How many law enforcement officers can you have in a courtroom before the public feels threatened enough that they need to film the officers for the public’s own protection? What doesn’t get filmed, the cops get away with. The judge certainly wasn’t concerned for our protection.
Reflection
I really can’t understate the disappointment we all felt about the verdict. It was predictable yes, but unsettling to see it happen. We had the best lawyer that money can’t even buy, undone by the steady creep of Fascism. I associate it with our society’s declining education and public engagement, abetted by oppressive law.
For three days, attendees who were not readily recognized as being with the defendants could circulate the halls of the Linsey-Flanigan courthouse and overhear deputees talk about the case. All the deputees were greatly chagrined that The David Lane was representing us. Apparently they all know his reputation. There was no press interest except by KGNU, but lawyers who saw David Lane walk through the hall made a point to stop by our courtroom when they had the chance to watch him work.
And so it was really a blow to the ego to meet with failure. I’ve written before about how police intervention at our Tattered Cover protests ceased entirely after the first arraignment date when David Lane showed up in our stead. We’d been surveilled by a half dozen cruisers every Friday for a half year. After David Lane officially filed our papers that number went to zero. No more visits from officers, no more drivebys with videocameras, for almost a solid year now. It should be interesting to see what happens this Friday. Will the cruisers be back? They still have no cause. No disruptions, no conflicts, no threat of lawbreaking whatsoever.
Before Lane the officers regularly interrupted our assemblies to recite their warnings in spite of our objections. When Tim and I were arrested, we had to sit in a holding cell, shackled to a bench, while Sergeant Stiggler berated us for looking like fools. We were wrong about the camping ban, we were wrong about our rights, bla bla bla bla. We kept our mouths shut to shorten his lecture. After enduring our bullhorn for three months, he’d composed quite a rebuttal. His diatribe contradicted the suggestion that our arrests were about the noise and not our message.
For now unfortunately the sergeant turns out to have been correct about our rights. And looking like fools I guess.
For now Denver’s Disturbing the Peace ordinance does dismantle the First Amendment. For now it does allow what’s called a “heckler’s veto.” That’s a marker of unconstitutionality where one person’s complaint could be used to silence political speech to which they object. It does allow police officers to decide what “time place and manner” limits to place on free speech. Nevermind “Congress shall make no law to abridge” –that’s up to the police. It’s their call!
At our earlier motions hearing David Lane spent two days arguing that Denver’s ordinance was unconstitutional, to deaf ears obviously. At that hearing, DPD officer after officer testified that what qualified as a disturbance was entirely theirs to decide. Lane laid the groundwork to show that Denver police officers aren’t given a clue how to respect free speech. This judge was already satisfied I guess to pass the buck to a higher court.
In the meantime activists can no longer brey with confidence about free speech rights in Denver. We’ll have to engage with police submiting their proposed abridgements. We’ll have to bite our tongues, as they do I’m sure, feeling our hands tied more than we’d like, they longing to beat us. It’s going to be more difficult to recruit newcomers, uneasy with what confidence we can responsibly instill in them. “Am I going to get in trouble” is the first question they ask. Now the more probable answer is not maybe.
I can see you, as you sit there reading this; yeah, you with the donut jelly and crumbs all over the keypad and mouse. Searching Facebook and all social media sites looking for information. Doing a little undercover spying and investigative work so that you can run back to inform your buddies on what’s going down. There is a term for that; you are a “SNITCH”. In case you don’t know, a snitch is someone who hides in the shadows gathering information so that they might betray another.
We know what information you want. What are the protesters’ plans? How many of them are there? Where will they be? What are their names? We are happy to give that information to you. Unlike you, we are not a secretive in our goals. But before we give you that info we’re going to give you a little mix of commentary and history wrapped up in the truth. You seem to get very upset when the protesters call you pigs or holler “Fuck The Police”.
Personally, I think calling you pigs is a bit of and upgrade. When every human is born there is a residue left over, it’s called, afterbirth; it serve no useful purpose, it is waste left over from making of a human being. And this is how I see you, you are the “Afterbirth” that serves no useful purpose, you are the waste product. You want and demand respect from the citizens, yet you fail to understand that respect is something that is given, not taken. Respect is given for acts of valor, courage and bravery.
Do you believe it was an act of bravery when you murdered a 17 year old girl, Jessica Hernandez, in the alley, or when you murdered Marvin Booker in the county jail? Was it courage when you pepper-sprayed a 12 year old child in Civic Center Park on April 29th? Did one of you even think to go to that child and give medical assistance or maybe an apology? Or were you too busy looking for the next victim to assault? I can only assume you are brain-dead if you think these act will gain you respect.
The advent of the cell phone camera and internet has shown who and what you really are, that afterbirth, I mentioned above.
Back in the 60s we did not have cell phones to record your criminal conduct, but if you take the time to Google “Art Winstanley” you will discover you are not the first criminal cops. Art was one of Denver’s Serve & Protect cops who was also a burglar while on duty. When Art got caught, he “Snitched” on over fifty other cops who were in the burglary ring. He began his snitching after he was served a piece of cherry pie. How’s that for serve and protect?
And somewhere in your ranks is another Art who will come forward and expose your criminal deeds against the citizen. We don’t know who or when, but you can be sure, he or she is there to snitch on the rest of you.
Now about that information you looking for; I won’t give you any names, because unlike you, I’m not a SNITCH.
How many is there of us? We are many and our numbers are growing, your days and deeds are numbered.
Where is our next action? It will be everywhere on the streets, calling you out for your criminal deeds. The days of hiding your crimes are over and we will expose you.
DENVER, COLORADO- You don’t have to be a high school physicist to know a bicyclist is less likely to topple a quarter-ton motorcycle than to cause the equal opposite reaction. But it was cyclist Michael Moore that officers had to yank from his bike and wrestle to the ground. So where Newtonian law might have failed, the DPD enforced it in their own manner. A bystander video shows the motorcycle cop fall over of his own accord. The DPD used this false flag as an excuse to rush the crowd, douse it with First Amendment disinfectant, and make arrests.
DENVER, COLORADO- Last night in Denver, once again the DPD showed what they are all about. If it wasn’t so shameful and painful you could only laugh at their conduct.
dla News Service: Denver Police attacked while holding a peaceful parade to show their support for “Baltimore Brothers in Blue”. The police were attacked by several young boys and girls armed with cardboard signs while on parade down Colfax in Denver. The children claimed that the police were marching without a permit and were interrupting the flow of traffic.
Eleven of the children were pepper sprayed and restrained at the Denver Correction Facility for their own safety. Chief White appealed for calm and said the police march will be re-scheduled at a future date.
Several officers were treated at local hospitals for paper cuts on their hands and wrists. They will be placed on sick leave, with pay until they recover from their injuries.
DENVER, COLORADO- Occupy Denver took to the streets Tuesday night in solidarity with the uprising in Baltimore against a common oppressive police state.
March was blocked at Union Station
DENVER, COLORADO- On the subject of filming cops, Denver activist Caryn Sodaro is in trouble again. Caryn was attending a community meeting on Colfax Avenue when attention was drawn to an arrest happening at an adjacent liquor store parking lot. Several people converged on the scene, Caryn ahead of everyone, her videocamera aimed at an officer grinding his knee into the face of a prone man, likely homeless. Another cop looked on, warning his partner that they were being filmed, while an Argonaut security guard prevented the witnesses from getting close. Unlike onlookers who only dare to record an abusive arrest, Caryn tried to prevent further brutality and so raised her voice to caution the officers that their acts were not going unnoticed. Soon enough the witnesses were being ordered to leave Argonaut’s private property. Though deep within the departing group –everyone was complying– Caryn was picked out for arrest anyway. Fortunately she passed her camera to a colleague who was able to prevent the footage from being confiscated by the DPD. It’s all on tape: the details described here and the reinforcements piling on Caryn. She spent the afternoon in jail. Her next court date is April 27.
DENVER, COLORADO- Anonymous activists converged on the capitol on Sunday, as they do “Every 5th”, this time to remember the growing list of victims of Denver police violence, and this time was going to be different. This time the call went out for torches or similar flamables and enough unnamed Anons delivered. As dusk approached and numbers grew, so did sightings of SUVs ferrying riot cops, at five staging areas. Despite another SUV whose officers were glued to binoculars, and a new HALO camera installed on a nearby streetlight, Anonymous lit its torches to send an angry message before the police rushed in.
This banner commemorated Jessica Hernandez, the Latina teen killed by DPD on January 26. Others remembered were: Joseph Valverde, Ryan Ronquillo, Alberto Romero, Ismael Mena, Mark Ashford, James Watkins, Marvin Booker, David Flores, Clay Rampon, Carlos Jurado, Joel Jurado, Juan Vasquez, Eric Winfield, Alex Buck, Jared Lunn, John Heaney, Michael DeHerrera, Nicolas Alvardo, and Kevin Ryberg. Anonymous also called for justice for survivors Sharod Kindel and Alex Landau.
DENVER, COLORADO- Prosecuting attorneys for the City of Denver were granted their own motion to have their case against Patrick Jay dismissed for lack of evidence! Prominent civil rights lawyer David Lane was informed this weekend that all charges against Patrick have been dropped.
Patrick was arrested last December while returning to his car after a ?#?BlackLivesMatter? protest. He was seized by SWAT officers while VIDEOTAPING the snatch and grab arrest of fellow activist Max Mendieta. Patrick was charged with obstructing traffic while marchers staged die-ins at prominent Denver intersections. *
According to police, HALO cameras recorded Patrick and others blocking vehicles. The cameras might also have confirmed that their actions prevented cars from running over the marchers laying prone on the pavement. We’ll never know because the DPD now says the footage is gone. After defendants declined to take plea deals, Patrick’s defense attorney David Lane learned the HALO footage would not be available for discovery because the surveillance files had been accidentally overwritten! In view of this, David Lane motioned for a dismissal, but city attorneys assured the judge that there were DPD officers enough to bear witness against Patrick Jay. Lane vowed to compel those officers to first have to pick Patrick from out of a line up. Patrick’s jury trial was set for April, but last week city attorneys tendered their own motion for a dismissal and that motion was granted.
Patrick Jay’s charges were dropped and his First Amendment rights were vindicated, but of course the Denver Police achieved their goal of intimidating activists who have to brace themselves for arbitrary arrest even though they know their rights. Over the course of many months of marches, participation has suffered attrition not just because people are frightened, don’t want to or can’t subject themselves to arrest, but some activists who had no alternative but to take plea deals now cannot risk violating the terms of probation which forbid their participation in protests.
Only a few days after Patrick’s arrest, he and I were leaving another anti-police-brutality march when multiple DPD cruisers swooped up to us on the sidewalk. This time instead of jumping off and unto us, an officer in the lead vehicle shouted from his rolled-down window: “Scared you?!”
Yes, officer, you did. **
Arrests and harassment have helped the DPD reduce protest numbers. Because of favorable plea deals or inadequate legal representation, no one has yet had the chance to challenge the veracity of their charges, until now. Several cases, including Max Mendieta’s, are still pending. Max is also represented by David Lane. Hopefully the recognition of Patrick’s arrest being unwarranted will turn the tide.
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NOTES:
* PATRICK’S ARREST WAS SURREAL. Everyone was returning to their cars, putting signs into trunks etc, when the police SUV carrying riot cops on its sideboards made a slow pass. This was a development we began to notice at earlier events. Even though the officers in riot gear might not have had to show themselves during a march, they would emerge afterward on their SUVs to cruise by our vehicles, almost to a stop as if scanning our cars looking for suspicious occupants. We didn’t think much of it except this time they stopped and the entire gang lept off to seize one of our group, Max Mendieta, as he walked the few solitary steps to his car. Patrick started to film the whole incident, from when police forced Max to the ground until they hauled him into custody. We’d reconstituted into a small group of less than a dozen, activists eager to dissuade further arressts, but the riot cops elbowed past us to seize another, which Patrick filmed, and then they grabbed Patrick. Patrick asked what they were arresting him for, but the officers wouldn’t say, only that it would be listed on his arrest warrant.
Ironically their irreverant answer turned out to be incorrect. But first I want to tell you what happened when the police drove off. They left an officer behind. The SUV loaded with riot cops, minus one, stopped several car lengths away when someone noticed the error. Their sargeant had been left on the street, in his cumbersome riot gear, unable to fit in the ordinary cruisers, and barely able to catch up with the waiting SUV. I guess the SUV driver didn’t want to risk backing over his sargeant, so the fat man lumbered slowly back to his perch, his riot gear clinking with every plodding step, like a minuscule robocop, the crowd barely able to sustain its “nah-nah-nah-nah” chant for laughing so hard.
Perhaps as payback, the arrestees that night -there were four total- had to wait sixteen hours “for their fingerprints to clear.”
Back to Patrick’s undeclared charges. Due to what we could only construe to be a typo, Patrick’s citation read “database-error” where the offense was supposed to be. Patrick had to sit in jail for 16 hours, post bail, await arraignment, and seek a lawyer, knowing only that he was charged with database-error. When the magistrate asked if he pled guilty, Patrick said “To what? Database error?” “No.”
** YES THERE’S MORE TO THIS STORY TOO. After the DPD pulled their gag, the officers watched as we walked to the building under which we’d parked our vehicle. The hour having become late, we discovered the stairwell doors locked. We imagined the officers laughing as they saw us circle the office building testing every door. We soon realized that our only recourse was to descend the car ramp to the parking area, but we were afraid that the police would follow and corner us there, out of view of other late night passersby. Security cameras or no, we feared what two dozen or so cops could do to two pedestrians; what we know often happens to homeless indigents in back alleys and poorly lit spaces; what happens to African Americans in broad daylight while they scream “I Can’t Breathe!” So we waited until the police cars lost interest before we ventured down the ramp.
Not being able to count on even our own police to obey the law, knowing the brutality of which police are capable, and witnessing the capriciousness of police abuse of authority, is the terror that defines living in a police state.
DENVER, COLO.- The Denver police had really stepped in it this time. At 6:30am on January 26, officers opened fire on a parked car full of unarmed teenage girls, killing Jessie Hernandez with eighteen bullets. This time the most homocidal police force this side of Baltimore used lethal force against a charismatic 17-year-old Latina. Even if officers had confused the queer tom-boy for a male, Jessie wouldn’t pass for a boy over eleven. Jessie’s killing follows a year rocked by public protests against police excessive force in Ferguson and New York City. Victims Mike Brown and Eric Garner were black males with the attendant stigmas. This victim was literally a poster child. If Jessie had a criminal record it was as a juvenile. The official account immediately began to unravel as witnesses came forward. Most notably, after the passengers were released from jail, one of them said the police fired first, before an officer was struck by the vehicle and not afterward as the officers claimed. Yet the public’s revulsion has been measured and dimminishing. What happened? Was the outcry stage-managed? By whom? The aftermath of Jessie’s execution was captured on video, in defiance of officers threatening the bystanders. It’s only been described to reporters but the Denver Post has it.
If the family of Jessie Hernandez decides they don’t want people to protest, do we cease protests? If the family doesn’t want to see the video, do we stop demanding its release? Of course they don’t want to relive the brutality of Jessie’s murder, no one does. But the DPD and the Denver Post must not be allowed to draw the curtain on the teen’s brutal death. The DPD’s actions must be exposed. The family doesn’t own this tragic crime. The responsibility to demonstrate against police brutality doesn’t fall on them, or the Latino community or the queer community. It falls on everyone. The Denver police own Jessie’s murder. They own all eighteen bullets, they own the handcuffing and searching of Jessie’s still-live body, they own the jailing of the four other traumatized teens, and they own all the subsequent lies told to excuse the inexcusable, shooting at a carload of unarmed children. If the public is not given the chance to face the reality of police brutality, we’ll never stop the DPD.
DENVER, COLORADO- When police killed 16-yr-old Jessie Hernandez in a Denver alley where the teen was dropping off a friend on the way to school, they claimed her vehicle had struck a DPD officer. Police jailed her four teen passengers, ordered residents not to videotape, and refused to release details of the incident except a statement from Police Chief White which claimed that all police conduct had been according to protocol. Now journalists have reached one of the teens who reports that police officers fired first, killing the driver, which caused the car to veer toward the officers and crash. Where did Denver police learn they can face a car load of teenage girls and shoot first. Let’s note that DPD brags about sending officers to train in Israel. Let’s consider too that DPD hires recent veterans who may be suffering from PTSD, some of whom may have experience with the “Iraqi Checkpoints” where vehicle braking speeds were augmented with the stopping power of US bullets.
SO, the police lie about shooting Jessie Hernandez after the car struck an officer and not before. Maybe next we’ll learn they’re lying about the teens’ car being “stolen”.
DENVER, COLORADO- Temperatures didn’t exceed 10 degrees, but that didn’t stop protesters or their SWAT escorts from their appointed rounds. Activists weren’t about to attempt to block Interstate 70 where vehicles were already negotiating very hazardous conditions but their police minders didn’t know that, so processions past the on and off ramps meant heavy police blocking which couldn’t help but impede traffic flow on its own. After laughing at officers jeopardize everybody’s safety, the march swung back to the quiet neighborhood streets and dispersed. Not before encountering a “MONSTER” energy drink distrubuter determined to give free samples to the cold officers forced to ride the sideboards in their riot gear.
DENVER Police interrupt #ICantBreathe demonstration, Dec 13, 2014
DENVER, COLORADO- Occupy Denver’s Tim Calahan and I were arrested and jailed at last Friday’s boycott action against the Tattered Cover Bookstore. This marked Tim’s third citation for drumming, my second, and Janet Matzen’s first. For drumming. Disturbing the peace is what the DPD charges. We maintain the DPD are curbing our free speech. SO NOW I want to tell you the story of how famed civil rights attorney David Lane came to represent us.
The story begins Thursday before the Anonymous “Every5th” march. A couple friends and I were feeling trepidatious about the Anonymous march because the previous month’s Every5th had been abruptly curtailed by riot police. Several Anons were arrested and a number more pepper-sprayed, and so we wondered if we couldn’t get legal advice about how to assert our First Amendment rights without surrendering ourselves to jail. Also on our minds were the past two fridays at the Tattered Cover where citations had been handed out, drums confiscated, and warnings given that if we drummed again, the next arrestees would be jailed. So we went to the celebrated lawyer’s office and tried our luck with the receptionist.
I told her we were activists who were having a rough time with police, we thought they were violating our civil liberties, could David Lane be of any help? She looked at us increduously. We couldn’t just walk in she said, we had to take a card, we had to call in, we could leave a message, they’d call back if they were interested, they might not call back at all, it certainly wouldn’t be right away.
We told her time was rather of the essence, these arrests were as predictable as they were egregious, we didn’t know where to turn and these arrests seemed to present the kind of case in which David Lane specialized. The receptionist repeated her instructions in a tone that reflected she was not sure I wasn’t simply a lunatic.
After making more prolonged and embarassing enteaties, I finally submitted to following her instructions but I insisted too on leaving a written note which gave me further time to expound on our DPD versus the people predicament.
Turning to make our exit, I explained that we would be leaving her office to join a protest at which chances were pretty good we were going to be arrested, but that the next night at the Tattered Cover, we were most definitely going to be arrested. The receptionist made the oddest face as she search my eyes for some sign that I spoke her language. “Wait just a minute please” she told us as she beat a hasty retreat. Within that minute she returned to say “David Lane will meet you in the conference room.”
We spent the next half hour relating the details of our past arrests, how each had been captured on video, in front of witnesses, and how we’d been warned arrests would continue. We offered too that the police were also videotaping assiduously and that their accounts would match ours. David Lane assured us if we were conducting ourselves as we presented and if arrests endured, he would represent us and anyone else who stepped up to the plate. If exercising our freedom of speech became a risk where it was supposed to be right, standing up for us was the least he could do.
That night we hit the streets with a renewed sense of confidence, and the following evening at the Tattered Cover was an empowering experience like no other. As you can see in the photo above, we couldn’t keep our eyes off the half dozen cruisers keeping watch on us. Would they swoop in? When would they descend on us? The anticipation was frustrating. Who should film, who should take whose keys and phone, who did or didn’t want to beat the drum. We were ready for jail, we were ready to tell the officers, as we had the weeks before, that they couldn’t do what they were doing, we knew our rights. This time we could assure our DPD captors that they were asking for trouble in messing with Occupy. Stay tuned!