Delayed Habeas Corpus for Eric Brandt, then two Westminster kangaroo courts, despite $3,500 bond being paid.


WESTMINSTER, COLORADO- It was quite a day for Eric “Fuck Cops” Brandt, in custody at the Denver County Jail since Monday August 10, as usual for exercising his First Amendment rights. Even by Wednesday the jail wouldn’t allow Eric visitors or bail. Next they delayed his court appearance almost two hours. Then the judge wouldn’t grant a PR bond, choosing to require the homeless veteran to raise $3,500 for bail. Then the clerk insisted the entire docket be completed before the bond paperwork would be available. Eventually Eric’s bond was covered by a benefactor, but before Eric could be processed for release, the City of Westminster transferred him to their municipal court for a full afternoon of hearings.

In Westminster, Associate Judge Paul Basso refused Eric’s motion for a jury trial then immediately declared court to be in recess and walked out as Eric’s attorney David lane tried to voice his objections. Funny story: though Basso had declined the motion, he misspoke and declared that Eric was to have a jury trial, so Basso had to reenter the courtroom to reiterate for the record: there was to be no jury trial. This time Lane offered to put Brandt’s former public defender on the stand, he was there waiting, to attest that Brandt had never declined his right to a jury. Judge Basso refused and again walked out.

Next up, Presiding Judge John Stipech declined motions to dismiss, to recuse, or to appoint a special prosecutor for Brandt’s cases. Stipech declined to hear witnesses present and ready to testify that Westminster staffers were overheard plotting to incarcerate Brandt no matter what. No hearing, set all the trial dates up like bowling pins.

Next on the agenda, Judge Stipech ordered Eric to remove documents he’d posted to “his Facebook”: confidential police internal affairs reports sloppily surrendered during discovery and now published in Westword. Eric was supposed to comply whether in custody or homeless, or be found in contempt.

Brandt was put back en route to Denver while attorneys were asked to set the upcoming court dates. Suddenly Eric’s transport was ordered to return so that the Westminster prosecutor could motion to revoke Eric’s multiple bonds on account of his new felony charges in Denver. Fortunately the bond revocation hearing was set for Sept 2 to allow David Lane time to subpoena witnesses. This date will also follow the Aug 31 hearing in Denver where Lane has subpoenaed the Denver DA to account for the unconstitutional train wreck.

Now back at Denver Jail, Eric is being kept overnight with the excuse that the pretrial services office was closed and doesn’t reopen until 8AM. Eric Brandt has been incarcerated since Monday afternoon, his bond met, his tattoo assuring he can’t be confused for anyone else. He’s front and center today on the Denver Post and Westword, but the city’s top law enforcers can still pretend to delay his release on technicalities. They spent eighteen hours “running his fingerprints” when everyone in downtown Denver can recognize Eric Brandt a block away, three, when he’s got his sign.

BREAKING: Denver DA Mitch Morrissey to be subpoenaed in jury tampering case of Mark Iannicelli and Eric Brandt!


DENVER, COLORADO- Denver Judge Johnny C. Barajas wouldn’t produce Eric Brandt, who’s still being held in county jail without bond, he wouldn’t commit to joining Brandt’s case with that of Mark Iannicelli, he wouldn’t commit to granting a preliminary hearing, but he has allowed Attorneys David Lane and Lonn Heymann to subpoena all complainants, including Denver District Attorney Mitchell R. Morrissey!
 
The target of a recent recall effort, the Denver DA won’t indict killer cops or sheriff’s deputies, but Morrissey and his cronies in the DPD will have to show up August 31 at 8:30am to account for the abridged First Amendment rights of Messrs Brandt and Ianicelli.

Clarence Darrow and Jury Nullification

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

Darrow continued:

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

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

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

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

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

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

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

Eric Brandt and the horrible, very bad judge.


WESTMINSTER, COLORADO- Eric Brandt was so sure he was going to jail he got a tattoo. The one-man-band of protest movements had court on August 3rd before Westminster Associate Judge Paul D. Basso, who’d declined on a technicality to give Brandt a jury trial. Eric calls him “Judge Fatso” and lampoons Basso on the courthouse steps and so didn’t expect more than a brisk push into jail. Knowing they’d take his “Fuck Cops” t-shirt, Eric got a hasty tattoo. “It hurt. A LOT” said Eric, who did not intend to cease his protest behind bars. It’s the identical logo, placed just below the sleeve-length of a jail smock, faced forward on the arm he extends to shake hands. Eric’s lawyer, the formidable David Lane, joked that he was stung by Eric’s lack of faith in his attorney.

But Eric Brandt has suffered for two years battling alone against the whims of Westminster injustice. He’s served jail time, been beaten, threatened, tasered so many times the seizures it induces no longer make him pee. And when Judge Basso took the bench the courtroom audience got to see the kangaroo court prepared for Westminster’s public enemy number one. Even David Lane’s sober motions and objections bounced off the stubborn hanging judge.

Ultimately Judge Basso was smart enough to know he had to grant a continuance because discovery was only granted ten minutes before the session started. Discovery included internal affairs investigations of Sergeant Buckner, Eric’s repeat accuser and frequent assailant. Judge Basso asked the sergeant if he’d signed off on their release. “Objection! You’re not his lawyer!” Judge Basso ordered that the documents be surrendered to the court until he’d ruled on their relevance. “Objection!” The audience echoed “WTF!”

David Lane’s motions to dismiss, and for a special prosecutor, and for the judge to recuse himself for interposing himself as advocate for the city, were ignored. Each time the civil liberties expert cited legal precedence, Judge Basso would answer “it’s been a while since I’ve read that one, but I remember its meaning differently.” The city attorney and judge made clumsy attempts to feed each other cues.

Eric Brandt was forced to wave speedy trial in exchange for his continuance, to give his attorney time to peruse the discovery evidence. David Lane objected that “my client has to choose which constitutional right to sacrifice.”

Westminster had hoped to jail Eric Brandt this week to prevent him from getting on this year’s ballot for the city council election. They had to let him walk. A powerful attorney and a roomful of spectators got in the way of someone’s Judge Roy Bean act.

Eric was in tears as he thanked his supporters. His next case is Thursday, August 6, same accusers, same arresting officer. Same crime, telling cops to go fuck themselves. Eric will need the same court support. Trust me it’s entertaining. Between Brandt and Lane, there is no end to the laughter, but I had no idea municipal court would be so suspenseful. The best lawyer around meets his match against Tweedle Dumb.

Eric Brandt has dozens of cases pending in Westminster. The hope is that the provincial berg will figure out it has treed the wrong bear. They’re up against the First Amendment and two tireless defenders.

UPDATE: Eric’s August 6th court date has been continued, it’s now TBA. His next scheduled jury trial is August 13 although word is it will be postponed as well. A motions hearing now set for Wednesday August 12 will probably decide the fate of all of Eric Brandt’s cases. I’m thinking, when a city gives less than a day’s notice to cancel a jury trial, they’re probably doing some heavy thinking. Congratulations Eric!

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

 
 

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

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

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

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

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

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

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

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

Eric Brandt found not guilty of petty complaints of Westminster Colorado. He’s being denied a jury at next trial.

Eric Brandt aka Fuck Cops
WESTMINSTER, COLORADO- Homeless veteran Eric Brandt has been arrested 36 times by police officers angry about his “fuck cops” sign, often the arrests are violent. So far Eric has beat the charges but the City of Westminster is gunning for him. Though Eric is now represented by civil liberty specialist David Lane, city officials, DAs, cops, and prosecutors converge on Eric’s court appearances determined to slip their fuck-cops problem into a jail cell. They may yet succeed, but Eric’s chances improve when the judges see he has public support. Though Eric’s message is characterized as repugnant in a court of law, in reality people honk and wave and ask to have their picture taken with Eric. To no-one else’s surprise, “fuck cops” resonates, especially as Denver cops keep killing unarmed arrestees. Eric won his July 23 jury trial, but he has upcoming court dates August 3, August 6, and August 13, to name just the next three. If Westminster can jail Eric for just one of these cases, they can keep him off the ballot where he’s running for city council looking to represent the homeless constituency. Come see the spectacle that is the usually incomparable David Lane sharing the spotlight with scene-stealing Eric Brandt, running hilarious circles around his dimwitted accusers. A guaranteed laugh-fest at the expense of the much-embarrassed Westminster grumps.

The next three trials will be held at the Westminster Municipal Court, at 72nd & Federal, just south of Highway-36. All start at 8:30am. At the August 3rd trial the judge is denying Eric the right to a jury…

Argonaut Liquor helped city of Denver jail Caryn Sodaro, the DPD’s most vocal critic of police brutality.


DENVER, COLORADO- On Thursday July 30 in Denver Municipal Court, Argonaut Liquor succeeded with what the City of Denver and its violent policemen have been trying to do for years: take down Occupy Denver activist Caryn Sodaro. Earlier this year, Caryn was attempting to film the DPD as they brutalized a handcuffed detainee in the parking lot of the liquor store on Colfax Ave. When store managers couldn’t block her camera phone with their hands, they authorized officers to arrest Caryn for trespassing. Of course they had to pretend she’d been warned once before.

Yesterday a jury found Caryn Sodaro guilty of trespass, though they heard scant mention of the crime she was trying to document and prevent. It didn’t come up and video evidence was snipped to exclude it. Videos from multiple vantage points were excluded and witnesses were not questioned about the brutality they saw. Protesters were characterized as protesting the police, not police VIOLENCE and not protesting to PREVENT IT.

In one of the trial’s most surreal moments, the city attorneys were trying to admit officer body cam evidence taken of Caryn after her arrest, angrily describing the brutality she witnessed. The prosecutors hoped her coarse language would displease the jury. The defense attorney objected for that reason, even though it would have been the only evidence to explain why Caryn risked arrest, if indeed she knew she was not allowed on the Argonaut lot. The judge disallowed that video in the only ruling she made in favor of the defense.

Caryn’s protesting activity has been given area restrictions before and friends know how strictly she adhered to them, unconstitutional as they were. Drivers giving her rides had to take detours to keep Caryn geographically safe. When a defense witness tried to add this detail, or that he’d returned often to the Argonaut even while the managers had testified that he too had been “trespassed”, the defense attorney cut him off, stopping his own friendly witness with “I ask the questions here.”

I’ve seen valiant public defenders, but this free public servant was determined to give Caryn her money’s worth. No character witnesses, no context of Caryn’s activism, nor even sympathy for her altruism. The argument was restricted to: did Caryn trespass or not, and Argonaut employees perjured themselves claiming that Caryn had been instructed twenty days before that she was “trespassed” from Argonaut’s property. That incident was provoked by Caryn being harassed and humiliated by an in-store Argonaut rent-a-cop who followed her to the checkout stand and told her she was “too drunk” to purchase a bottle of wine. He initiated a shouting match, not she, and that’s another detail the PD declined to exploit.

Did I mention Caryn’s public defender opted to forgo his opening statement! The jury was let to assume the case was about a retailer’s property rights versus a group of protesters’ whim for trespassing.

Even when public defenders are brighter than you expect, it’s important to remember they don’t work for you. Public defenders serve the judicial system, this one determined to preserve law and order even when it is demonstrably racist and violent. Mr. DiPetro, the Judge and the city attorneys colluded to frame Caryn’s prosecution as independent of the DPD’s agenda to target her and bring her down. At moments of the two day trial, the audience was equal parts fellow activists, armed sheriff deputes, and DA attorneys gathered to oversee the exploitation of charges pressed by Argonaut Liquor. The only laugh the audience was allowed was when officer descended on Caryn, eager to put her in handcuffs, before she even had time to sign the paperwork required to imprison her.

Occupier Mark Iannicelli charged with jury tampering for distributing fliers about jury nullification at courthouse

Mark Iannicelli of Occupy DenverDENVER, COLORADO- Soft-spoken activist Mark Iannicelli sits in the Denver County Detention Center tonight, wrongfully arrested for passing out fliers in front of the Lindsey-Flanigan Courthouse on Monday. Though he and an accomplice had no personal interest in any trial at the municipal courthouse, Mark was charged with JURY TAMPERING, a felony with a minimum bond of $5,000. Mark was disseminating information about JURY NULLIFICATION, technically “know your rights” material, to people entering the courthouse. Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discretion. As Mark was being handcuffed, a passing attorney tried to intervene. Asked if he was Mark’s counsel, the lawyer volunteered that he very well might be. Video of the arrest has already been filed with appropriate law offices and as a result Mark has representation. Though he was arrested before noon, as of 11:30pm Mark’s fingerprints have not yet “cleared”, until which time a bond cannot be posted. Meanwhile Mark’s inmate status has changed to “no bond allowed.” If these capricious abuses of authority persist beyond 7am, Mark will appear before a judge at 10am Tuesday.

The New Slave Ships Have Arrived

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

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

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

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

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

My wife and I decided to take the tour.

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

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

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

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

“Who are those men?”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Police take poetic license with wanted posters of New York prison fugitives

LOOKIT! New York authorities have issued fresh images of escapees David Sweat and Richard Matt. You might wonder where they got photos more recent than the last mug shots, which was the last time the prison break fugitives were in custody. Plus the news coverage has been unequivocal that authorities haven’t seen the wayward prisoners since.

It turns out the latest images are called “PROGRESSIVE PHOTOS” depicting how the convicted murderers are supposed to look at ten days into their freedom quest. Authorities are assuming they haven’t reached razors, so each has a ten-day shadow; and police artists have Photoshopped t-shirts over the original penitentiary vestments. But the photo manipulation didn’t stop there. The original mugshots were taken in identical environments, but these renditions feature distinct atmosphere changes, both darker.

The younger David Sweat is now lit with harsh florescent lights as one might encounter him in a convenience store or in YOUR GARAGE. Sweat’s pores are exposed like one might observe from inappropriate intimacy. Sweat’s receding hairline now looks more like hair plugs, as if his first stop after Dannemora was to a hair club for men. Sweat’s original friendly demeanor has been replaced with a calculated desperation. I’m guessing police artists have a PS morph tool labeled “John Wayne Gacy”.

Sweat’s brother-art-thou, alleged lothario Richard Matt, is now bathed in the incandescent light of YOUR BEDROOM.

I’m sure wanted posters have always afforded sheriffs the discretion to paint fugitives as menacing as needed. Photo manipulation is another animal altogether. It’s not poetic license, it’s character assassination. And it’s extrajudicial. Sweat and Matt are guilty of a nonviolent jailbreak. Until we can offer them justice — run boys run.

On Nikki Haley, calling for the Death Penalty

Let’s all grab our pitch forks, run around and find something to kill. There now! that should make us all feel better about what happened. If you listen to moron politicians like Nikki Halley, then you are the sucker she is counting on. “Kill Dylann”, there! problem solved.
 
It was reported by some news media, that Dylann wanted to start a race war, because he lost a girl he liked to another boy who happen to be black. Guess Dylann wasn’t keeping up with current events, there is already a race war in progress. You need only look at the fact that he is still alive, after the horrific crime he is suspected of, while many, many black men, women and children are dead, committing no crime at all.

The number of these racially motivated crimes by the police are hidden for fear the citizens will see the true nature of their “Protect and Serve” law enforcement. Here are some facts;

1. The NRA; Since 1998, the NRA has spent $28.2 million on lobbying in Washington and employed between 16 and 35 lobbyists in any given year.

2. While The Bureau of Justice Statics does not provide the annual number of arrest-related deaths by race or ethnicity, a rough calculation based on its data shows that black people were about four times as likely to die in custody or while being arrested than whites.

3. Black men were more than six times as likely as white men to be incarcerated in federal and state prisons, and local jails.

4. While people of color make up about 30 percent of the United States’ population, they account for 60 percent of those imprisoned.

I could provide more facts and figures, they are there for anyone wishing to see the truth. As for Nikki and her comments; She is the worst of politicians, she is only appealing to the emotions of the moment.

According to a March 29, 2011 Congressional Research Service report, Congress has approved a total of $1.283 trillion for military operations, this taxpayer money was spent to protect Americans from the “Terrorist”, you know, that brown skinned man who lives in some foreign land. While at home, in the USA, the “Terrorist” is protected by the second amendment.

“There have been at least 70 mass shootings across the country, with the killings unfolding in 30 states from Massachusetts to Hawaii. Thirty-three of these mass shootings have occurred since 2006. Seven of them took place in 2012 alone, including Sandy Hook”.

Mass shootings toll exceeds 900 in past seven years, we can now add another 9 people to that list.

How many tax dollars have been spent keeping guns out of the hands of the “American Terrorist?” ZERO. The NRA has made sure of this with their control of congress. It should be noted that the NRA supports the supply of weapons to both the American and Foreign “Terrorist”.

The NRA like most of American Corporations sole function is to make money, and they have now militarized the police across US in their effort to control the mass population as they awake from a long slumber.

We need to look past the Dylann’s of America and see the culture that created him and then put a gun in his hands. Dylann serves only as a symptom of a greater disease.

It’s time for a revolution.

The Denver Homeless Problem

The Denver City Council believes that if you criminalize, arrest and jail this man we have solved the homeless problem. If you agree with the City Council go back to your TV and watch the latest episode of “Keeping up with the Kardashians”. But if you truly want to understand, and you want more information, then join activists with OCCUPY DENVER on Fridays. In doing that small act, you will meet the face of the homeless, you will be on the path of becoming a true compassionate human being. The photos below show feeding the homeless feeding at the Tattered Cover Bookstore in LoDo, every Friday at 5:30 pm.

Second Degree Felony Assault Charges dropped against Occupy Michael Moore

Michael J. Moore
DENVER, COLORADO- The City of Denver has dismissed all charges against Occupy Denver activist Michael Moore stemming from his April 29 arrest at the march against police brutality. Michael was accused of Second Degree Felony Assault of a Police Office, Criminal Mischief, and Resisting Arrest. Michael was riding his bicycle when a motorcycle cop tried to push him over, but fell over himself. Michael’s apprehension prompted an indignant response from his comrades which gave the Denver police license to pepper spray the crowd and make ten further arrests. Michael spent two days in jail and forfeits his $1000 bond deposit. The other victims suffered brutality and pepper spray as a result of voicing their objecting to Michael’s arrest. The crowd’s reaction was vindicated when it turned out that Michael’s arrest was wrongful. Will the charges against them stick?

Ladon Sheats Peace Activist

LadonIt was 1979, I was sitting in the Denver County Jail waiting for my second escape trial to begin. The cell block door opened and in walked six men. I looked them over as all prisoner do when any new prisoners are given free room and board at the local crossbar hotel.
 
There was something very different about these men, I saw it the moment I set eyes on them. They seemed so relaxed and peaceful in their posture unlike most men when thrown into jail, there was no “rat in a trap” manor about them, there was a peace and calm hanging around them like a halo. As I watched them from the second tier, I made a mental note that I would talk with them to learn the Why, What and Wherefore. It was not long before I learned their dastardly crime. The TV set up on the wall was tuned to the news channel, and their they were, all over the main stream media. Their crime was: These six men and one woman had cut a hole in the barbwire fence that enclosed ” Rocky Flats” the site where the triggers were manufactured for nuclear bombs. They then entered the property, knelt down on their prayer rugs and began to pray. They were praying for an end to war.

I have never been big on prayer because it seems never to fill the empty bellies of the homeless and seemed to be only so many words in the wind. The only exceptions I’ve ever seen in prayers, was when the preacher was praying for our coins to fill his pockets.

As I sat there watching these six peaceful men, my mind was exploding with thoughts. I had seen many men come to jail over the years, Robbers, Rapist, Murderers, Drug Pushers, and all sorts of petty criminals, but this was a new first for me. I had never seen men come to jail for their convictions. It was to be a lesson I would never forget, it was not long before I knew, they had something I wanted. I was that rat in the trap and I wanted the freedom they felt as they were locked in a jail.

I would spend the next month talking with them in my efforts to discover how they could remain so calm in the calamity they faced.

One of the first thing I realized was how unselfish their act was. I had four young children at home, their act was so that my children as all children should be allowed to live and grow in a peaceful world. This was a very deeply held conviction held by all of them.

In that month, one man, Ladon Sheats and I would become close friends. This was the secret he taught me.

For every human being born to this world there is a tragedy waiting at some point in their future, the size, shape and color of that tragedy is of little importance, but what is important, is how we deal with it.

If we are gripped with fear and panic, our minds have lost much of our ability to reason and deal with the problem. Stay calm, stay strong and stay standing for what you believe in. The morrow will fall to its own devise. We enter this world as a newborn, crying and terrified, with our mind and thoughts we can leave this world with a serenity and peace, this is open to each of us.

My relationship with Ladon did not end there at the Denver County Jail, he first gave me the freedom from fear and then within a few short years he gave me the physical freedom from prison for which I hungered. Some called it a miracle as at the time I was serving three life sentences.

Ladon was a true Peace Activist.

B 1934 D 2002

Is Dzhokhar Tsarnaev guilty of a worse crime than US forces commit overseas?

Dzhokhar TsarnaevDoes the “Boston Marathon Bomber” look like he deserves the death penalty? Funny, you don’t even know what he looks like. US authorities have been meticulous about controlling images of Dzhokhar Tsarnaev since the manhunt for the teen and his older brother ended in extrajudicial firing squads which teen Dzhokhar survived. He’s been in custody since then and the only more recent image his captors released was of Dzhokhar giving the finger to a jail cell surveillance camera. This to influence the jury to give the death penalty. Why the embargo on images? Are authorities afraid the public will feel sympathy for the disfigurement Dzhokhar suffered from his fusillade? Where defense attorneys not permitted to submit images of Dzhokhar smiling? Is the image ban in effect a media blackout? Remember how Saddam Hussein’s trial was broadcast without sound? Now US dumb justice has become literally blind, all Star Chambers and spectral evidence.
 
Is Dzhokhar Tsarnaev guilty of a worse crime than US forces commit overseas? If an American sniper turned in the Tsarnaev brothers headcount, he’d be handed a potato peeler and punished with kitchen duty. Dzhokhar Tsarnaev is a small fry. US drone pilots eat massacres like the Boston Marathon for breakfast.

City of Denver wins court battle to ignore the homeless, one arrest made


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.

The frequently cited St Paul Principles had their time and place: ST PAUL


In my circle they’re called “Saint Paul’s Principles” because my colleagues think the edicts are Catholic I guess. The St Paul Principles came from St Paul Minnesota, circa 2008, and were formally adopted by the varied groups organizing to disrupt the Republican National Convention of 2008. They’ve lived on as guiding principles for activists of all ilk. In 2011 many Occupy encampments ratified the StPP as their own code of conduct, indifferent to whether they were applicable or even beneficial. Let’s examine the well intended dogma. Do they apply universally? Are they constructive? And how did they work out for St Paul? The last one is easy. As you may remember, disruption of the 2008 RNC failed spectacularly.

The St. Paul Principles

1. Our solidarity will be based on respect for a diversity of tactics and the plans of other groups.

2. The actions and tactics used will be organized to maintain a separation of time or space.

3. Any debates or criticisms will stay internal to the movement, avoiding any public or media denunciations of fellow activists and events.

4. We oppose any state repression of dissent, including surveillance, infiltration, disruption and violence. We agree not to assist law enforcement actions against activists and others.

It’s hard to argue against this elegant expression of solidarity. With the SPPs, the protest organizers aimed at preempting COINTELPRO style disruption from generating conflict within the movement. The implicit condemnation of violence was of state sponsored violence, not authentic barricade defense. And no snitching. The SPPs addressed the problems which were already scuttling Denver’s 2008 DNC protests. In Denver, “Recreate ’68” planners let the press infer they meant to revive the Chicago riots of 1968, prompting almost every traditional social justice group to circulate a contract which everyone was expected to sign. It was a vow of nonviolence. Organizations who refused to sign were ostracized and could expect the violent police clobbering they invited.

Essentially the SPPs aimed to unite the nonviolent and non-nonviolent activists, to ensure neither denounced the other, and that physically neither wound up caught in each other’s fights or sit-ins. Probably the chief concession was being asked of the nonviolent crowd: Please, as long as we promise not to shroud your family atmosphere and your baby strollers in tear gas, please let the Black Blocs do their thing without your repudiation. Please. We share the same goals.

Can you begin to see where such a strategy might fail to lead?

But the St Paul organizers did share the same goals. Their aim was to disrupt the RNC via a strategy they called “3S” actions. SWARM, SEIZE. STAY. It’s easy to see why three years later Occupy Wall Street was attracted to these directives. “3S” defines Occupy and another three years on, OWS activist followed the 2014 Climate March with an action called “Flood Wall Street” the instructions for which rephrased 3S aquatically.

The “movement” to which the SPPs refer shared a goal, to disrupt the RNC, by means of swarming, seizing, and staying, by whatever tactic each member group wanted. They shared a further agreement, that the city of St Paul was to be partitioned in sectors allowing groups to conduct their actions in isolation, united in time, but separated geographically so that red zone, yellow zone and green zone participants needn’t mix and find themselves out of their respective confort zones.

The groups organizing against the 2008 RNC shared one more thing in common, bound as they were to the St Paul Principles, they were all signatories to the principles.

Do the St Paul Principles apply universally?
It’s easy to see that the 2011 OWS occupations in major cities across the country shared a similar goal. It was, if perhaps more vague than to prevent a party convention, to disrupt the wheels of commerce by means of encampments; the “3S” tactic now reduced to a single verb “Occupy”. Allies such as unions and antiwar organizations, while sympathetic, cannot be said to have shared the same determinaton to disrupt. Even MoveOn with their “99% Spring”, FireDogLake with their merchandizing, and Adbusters had to relent with the revolutionary rhetoric. Eventually OWS spinoffs like Occupy Sandy Relief began to serve functions diametrically opposed to disruption. Did they expand the “movement”? Of course. But did the more inclusive “movement” outgrown the capacity for St Paul Principles to maintain its unity? Are activists bent on disruption expected to respect and support activists determined to prevent disruption?

I know it’s lovely to imagine every social justice effort as anti-authoritarian, and whether nonviolent or indulgent, each comprises a unique wing of a broad anti-government movement. If you are prepared to pretend that everyone’s aims are progressive, we share similar enough goals and we are reformists. But if some aims are revolutionary, explicitely anti-Capitalist for example like Occupy Wall Street, then reformists are counterrevolutionary. If you think reformists aren’t Capitalism’s first line of defense, even as they consider themselves activists, then you don’t know your adversaries from your allies. To imagine that activists shouldn’t address such chasms of understanding in favor of upholding popular delusion is going to get a movement nowhere.

At last year’s Climate March in NYC, the prevailing sentiment was against Capitalism. The organizers didn’t want to mouth it, but a vast number of marchers began to grasp instinctively that Capitalism has no solution for Climate Change. The anti-Capitalist movement can become “the movement” but reformists will have to understand they are obstructionists before they as individuals can be said to share the common goal.

The St Paul RNC Welcoming Committee aimed to disrupt the Republican National Convention for a WEEK. Can activist groups as they grow and transform over years and compete for membership and community resources expect that they shouldn’t be critical of one another’s missteps or aggressions even as their goals diverge?

How scalable are the St Paul Principles? Do they apply to no matter who considers themselves part of a greater “movement”. Do they apply to signatories and non-signatories alike?

Are the St Paul Principles constructive?
I would argue: Hardly. While it seems safer to segregate the Black Bloc from the civil disobedients from the family picnic crowd, you’re not going to reach critical mass with each on its own. With public dischord still in its infancy and while we have nowhere near the numbers to defend against or deter violent repression, perhaps it is only reasonable to program our street protests according to color zones, as if marches were amusement rides for protest tourism.

If you’re satisfied to lead combatants to jail and probation for mere symbolic shows of defiance, and you’re prepared to let nonviolent activists subject themselves to brutality which even when filmed will not awaken the conscience of the sociopathic oligarchs, and you’re resigned to let the masses burn themselves out with boredom given nothing to challenge their apathy, then the St Paul Principles are for you.

An Open letter to the Denver Police Department

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.

Occupy Denver activist is arrested for filming cops brutalizing homeless man

Video still from camera footage
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.

CASE DISMISSED! City of Denver drops charges against Occupier Patrick Jay


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.

The police murder of Jessie Hernandez -what happened? (to the outrage)

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.

When Denver policemen train in Israel, city alleys become Iraqi checkpoints

To Denver police unarmed female teen queer brown lives matter the same as black lives
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”.

US torture industry defends its murder of Marvin Booker at Denver federal courthouse

Stop whining murderous crybabies
DENVER, COLO- Well, you’ve almost missed the most compelling courtroom drama this side of television. Although even on TV you don’t see a judge having to repeatedly admonish the audience to refrain from reacting with audible incredulity at the clueless ambivalence, awkward dissembling, and brazen lies being told on the stand by sheriff deputies and their witnesses concerning the death of Marvin Booker, 56, in their custody on July 9, 2010. National law enforcement experts have been flown in to defend the Denver Sheriff’s Department policies. It’s been quite a laugh and the jury seems wise to the scheme. Closing arguments begin Friday. If you’ve followed the Denver Post coverage you can skip the next paragraph, but those who’ve been packing the federal courtroom these past three weeks can assure you, you haven’t been treated to the half of it.

Four years ago Marvin Booker, an itinerant African American street preacher who weighed 135 pounds, died under a pileup of Denver Sheriff deputies simultaneously restraining him, kneeling on his prone body, twisting his wrists, contorting his ankles with nunchucks, choking him by the neck, and Tasing him. All of these methods are permitted means of “pain compliance”. Denver County Jail deputies assert they were trying to stop Booker from struggling. Asked one juror: “Could you keep still if you thought you were being killed?”

They held Marvin Booker in a carotid choke hold for two and a half minutes, and tased him for up 27 seconds.

Perhaps you’ve heard about the anomalies. The deputies met afterward to get their stories straight. Surveillance footage is missing, video of inmate witness testimony is missing, the taser is missing! Now everyone’s memory has gone missing too, they even try the excuse in the present. “No I don’t recall seeing myself do that in the video just now.” But most of what may be damning video is gone. The deputies were said to be high-fiving themselves afterward in an area where the camera footage is missing.

The significance of the missing taser means follow-up investigations can conclude its use is unproved. Another taser with a timestamp indicating it was deployed at an event forty minutes later, was fired for eight seconds. The video and inmate witnesses suggest Booker was tased for 27 seconds, but because the first taser surrendered to investigators hadn’t been fired at all, authorities are allowing for the implausible: that Booker wasn’t tased at all.

[work in progress]

Hillary launches presidential bid in a duck barrel. Hard choices? Not peace.

Photoshopping the cover was evidently not a hard choiceIt would appear eternal candidate Hillary Clinton has launched her presidential bid into a barrel of ducks. She’s titled her campaign bio HARD CHOICES. Let’s see… Doing the right thing? Not really a hard choice. Favoring human rights? Not a hard choice. Peace? Social Justice? Humanity? Morality? These are not hard choices. For a warmongering sociopath, ok, impossible. Jailing bankers or war criminals? That should be no choice at all. For an informed public, rejecting another oligarch figurehead, even in the guise of electing a woman president, should not be a hard choice.

Arrests reach seven at weekly protest of two-faced Denver bookstore

Tattered Cover arrests
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!