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.

Local cyclists shred Garden of the Gods

Jason MemmelgnarGARDEN OF THE GODS, COLORADO SPRINGS– Mountain bike X-tremists and thrillcraft eco-vandals Jason Memmelaar and Chris Heath weren’t apprehended by the El Paso County Sheriff or the CSPD, but interrupted by off-duty park ranger Stephanie Stover, who saw them cutting tree limbs to expand an illegal downhill run. When she scattered the limbs across the trail to ameliorate erosion, she later found a note which warned:
“Why would you do that? You will hurt my friends. If I see you do this I will hurt you and no one will hear you scream.”KHS rider Chris Heath
Reached by the Gazette via Facebook, Heath denied he left the note, or that he’d built the mile-long trail across protected park land, though he did brag about using the trail “a bunch.” So there it is, CSPD, let the citations fly. Trail repairs won’t begin until May, so there’s still time if you want to make their downhill track a surprise obstacle course. Will screams go unheard? We can test that hypothesis.

I don’t really recommend leaving malicious booby traps like tire spikes, barbed-wire, or a chest high bailing wire strung with tensioners because that could injure others, for example children on bikes however errant, and then too, wildlife. Branches across the path are enough to interrupt the course and can be seen and avoided by hikers. Best of course to safeguard the vicinity by hiking nearby with a camera and cellphone and report the offenders directly to park authorities. Curious to see what the bikers would do if they came upon YOU scattering branches, if you’re not a woman alone on that stretch of the Garden of the Gods.

In the case of Messrs. Memmelaar and Heath, they’re not just asshole despoilers of nature, they’re pro-racers for some kind of circuit for environment-scarring sports. Probably the exposure in Barry Noreen’s column is the last thing their sponsors want. It will be interesting to see how much they care about a public outcry.

I should think they might want to orchestrate a public apology for their “rogue” bikers. Maybe the white Dodge Spirit van with New York plates mentioned in the Gazette is already ferrying friends to the site where they are volunteering to repair the damage before official efforts begin.

If not, keep a lookout for the two elsewhere around town. Perhaps with the heat on Rampart Range Road, they’ll now be looking to foul fresh topsoil of other open spaces, like that of Red Rock canyon.

Have a look at this photographic confession offered at Memmelaar‘s website:
Jason Memmelaar rides in Garden of the Gods

Y’all ever hear of Bobby Fuller?

[Private First Class LaVina Johnson] Raped, beaten, set on fire…
 
Y’all ever hear any new developments in the 46 year old case of Bobby Fuller, from El Paso Texas?

My brother went to school with a kid whose daddy was a Sheriff’s Deputy Homicide Detective.

Said HALF the homicides in El Paso County go unsolved.

I believe it. He also gave my brother advice on how to do it, steal a white van, pickup or sedan for the getaway, wear gloves, use a KMart special shotgun,(the ones that cost 79.99) standard off the shelf shells, kill the victim in his bathroom and leave…

Reason I believe it is the Jimmy Chagra assassination which took place in a High Security Office right across the parking lot from the El Paso County Sheriff’s Department’s main entrance. By party or parties unknown.

Chagra would only have allowed one class of people into that office with guns.

Cops.

Case unresolved after 30 years.

Bobby “I fought the law, and the Law won” Fuller, found dead in his car covered in Gasoline, and the coroner said “Death by natural causes”.

Activists not arrested for trying to get into the State Democratic Convention

The mugshot photographer forbid me making a toothy smileTO CORRECT POLICE BLOTTER DISINFO
(A friend asked me casually “how far did you get?” I was disappointed to admit that Peter and I were not arrested trying to get into the convention.)
 
FOR IMMEDIATE RELEASE:
The police team coordinating security at the Colorado Democratic State Convention used confusion and unreasonable exertion of authority to curtail public participation. Officers broke protest signs over their knees and used arrest, detention and relocation to keep dissenting voices from the public eye until the opportunity to demonstrate had passed.

The two protesters arrested on May 17 had posed no security threat. Neither were their voices disruptive of the convention goers. Their banner which read “Democrats please stop funding the war” elicited support from the attendees. Many delegates began booing the police actions as the two men were being arrested for questioning police directives which seemed to contradict previously negotiated access.

As the convention check-in began at 7AM, the two men entered the “Free Speech Zone,” walked to the edge of the police tape and unfurled their banner. The two were immediately informed by police officers that where they were standing was reserved for “boosters” only and that they must move back a considerable distance. A supervisor was called to the scene who simply commanded the activists to move. After declining to explain himself, he grabbed one activist by the wrist while SWAT officers subdued the other, grabbing his banner and peace flag and breaking the bamboo poles before throwing them to the ground.

Eric Verlo and Peter Sprunger-Froese were handcuffed and driven to an El Paso County sheriff’s station across the street, charged with trespassing, photographed, fingerprinted, and after a delay, driven 15 miles to a distant city police substation before being released in the parking lot and given back their phone. By the time the two were able to get a ride back to the convention grounds, it was after 10AM and all the delegates had entered the convention.

ABOUT THE MUGSHOT:
Perhaps you knew this already but you are forbidden to smile by the police photographer. In application this just means you can’t show your teeth. I couldn’t help but think of Tom Delay’s beaming mugshot head-shot, but I pursed my lips because I did not intend to let the CSPD portray me as a forlorn felon. When I learned that the mugshot had been published online by Denver’s 9NEWS, I asked a friend about the attitude I’d projected. in his words: “demented.”)

Dry Run at the State Convention

Police riot shieldsCOLORADO SPRINGS- Interviewers kept asking me ahead of time if the local Colorado Democratic State Convention was going to be a dry run for groups planning something big at the national convention in August. Their curiosity might have been piqued by the mention of PROTEST COLORADO on Michael Moore’s list of “more fun with dry runs” leading to the DNC. I told them I was aware of no such plans, but it became clear to me today that the news reporters had been on to something. There WAS a dry run in the works, and it was being carried out by law enforcement.

I was arrested at 7:05AM Saturday, through no planning of my own. There was confusion over where the First Amendment applied and where it did not. There was a “FREE SPEECH ZONE” which shared a police-tape demarcated area with a “BOOSTER ZONE” for those whose speech was regulated by the Democratic Party. Which part was which was not universally understood by either the public or many of the police officers. Police commanders alluded to previously agreed perimeters, while we asserted what we understood had been decided. Calling in a supervisor led not to a discussion but to the barking of orders, our mouths agape. The police seized upon the chance to arrest, process and hold us, until our opportunity to be heard had passed. We were mighty confused at the time, but in retrospect the police maneuver was carried out like clockwork.

It seems to be my habit to be blind sided by heavy handed authority. But I hope this does not detract from the principal dynamic at play. I am an ordinary American citizen, with an ordinary citizen’s right to express myself. Even playing within the post-911 limitations placed on our civil liberties, abiding by a “free speech zone,” my right to participate in our democracy is being muted by a false authoritarian concern for public safety.

DELAY AND RELOCATION
Particularly indicative of the police strategy was what they did with Peter and I after our arrest. We were taken across the street to the Quail Lake Loop El Paso County Sheriff substation where we were booked and cited first for obstruction, then for trespass. Forms and fingerprints were completed twice amid pleasant conversation and clarification of the “free speech zone” boundaries. We were informed that we would be free to return to the convention grounds, but that a subsequent breach of the rules would be treated with more severity. Then, instead of releasing us there, or at the nearby Sand Creek police station, an order was received to deliver us to the northern-most police substation in the city 15 miles away. Peter and I were dropped off in the parking lot of the Falcon Substation at Academy Blvd and Briargate, and only then was my cellphone returned with which I could try to arrange a ride. By the time we were able to return to our friends and vehicles at the convention, the 7-10am demonstration was passed.

SET UP?
Several weeks beforehand the CSPD had conducted public meetings for citizens to hear about the convention security measures. I attended none of these meetings, but gained a general understanding from a symposium held by the ACLU attended by a CSPD representative. Another CSPD commander turned up on Tuesday May 12 at the monthly ACLU board meeting to apprise our members again of the city’s plans. It was here we learned that there were two “Free Speech Zones” to be made available to the public. Of particular interest were the now graciously added grassy almond shaped areas adjacent the main steps to the World Arena. From this briefing it was decided to relocate our banners to those parts, as they afforded visibility to all delegates attending the convention, not just those coming from the hotels along Geyser Drive.

On Saturday we discovered that those spots were not being offered to us. And this was the source of the confusion. Despite being reminded that a roomful of ACLU members and lawyers had witnessed what the convention organizers had purportedly offered to be public areas, the police held steadfast that no such close-up access would be given. There would have been no confusion on Saturday if an advance agreement from either side had not been presumed. There would have been less disappointment on our part if an area accorded free speech rights had not been perceived to have been withdrawn.

PROTEST BY FOREKNOWLEDGE OF PERMISSION ONLY
The application of a Free Speech Zone was almost farcical. Police Officers stood at the edge of the World Arena property checking for credentials. Helpers beside them called down the line, warning that no one without credentials would be allowed unto the property. When it came my turn to be asked, I answered that I had none. They were already telling me I could not enter when I was able to get a question in edgewise. I asked: “what about the Free Speech Zone?” They answered: “Oh, you’re here for the Free Speech Zone” and they waved me through. Without a description of where it was, or that it did not extend to the limit of the police tape. An ordinary public would not have known to ask to enter the area, nor about its limits.
Police tape extended toward but did not include areas 8 and 9

FREEDOM OF SPEECH
Of course there would be no problem at all if we hadn’t collectively relinquished the principle of Freedom of Speech. Why has it become so critical to public safety to shield people from each other’s speech? It used to be Sticks and Stones from which we needed police protection.

SURVEILLANCE
The extent of the security measures were leading all to believe that a personage of important political stature would be paying the convention a visit. By five in the morning all the street corners were manned by multiple motorcycle patrolmen. Suited men in dark SUVs were conducting security sweeps into the wooded hillside. Traffic signs on the interstate were warning drivers not to stop or slow along the shoulder. Police vehicles of all stripes were patrolling the parking lots, junior policemen were positioned in pickup trucks hauling coolers full of bottled water. When we arrived at the parking lot, unmarked vehicles converged upon us but exchanged information with each other without having to get out to address us.

Later in the day, Mark and I returned to the Free Speech Zone so that he could videotape my account of what had happened. Another of our party watched as men atop the roof of the Hampton Inn followed us though spotting scopes and pointed what appeared to be parabolic listening devices in our direction. None of which could be considered excessive for security precautions at such an event, although pretty clearly our protests have shown themselves to be of little threat. It would seem the purpose of the exercise Saturday was to get in some practice.