Crowdsourcing vigilante justice against mass-shooter Dylann Roof? Not for me.

Posted on August 4, 2016 by Eric Verlo

White supremacist mass-shooter Dylann Roof was brutalized by a fellow inmate of the Charleston County Jail and social media is applauding the news. Some are even trying to raise money for his attacker, Dwayne Stafford, who breached Roof’s protective custody area, unquestionably with inside help. Do you see nothing wrong with encouraging extrajudicial retribution when the justice system fails to give you blood? This is the essence of what drove lynch mobs to storm jails and courthouses. Dylann Roof, like George Zimmerman, and fellow murderous racists, are products of systemic racism, they’re not driving it. They should bear the full brunt of legal remedies, no more. The people’s fight against racism and violence is against the system. If we are wishing for equitable treatment of white and black suspects under the law, let’s cheerlead for more humane treatment for all, not equitable brutality. Let’s propose that all suspects detained by police be served burgers instead of lead bullets. We don’t have to like Dylann Roof, very likely schitzophrenic, but while Roof is in the custody and at the mercy of our court system he is entrusted to our care, to be treated as we would wish to be treated. I believe violence is a prerogative of individual human beings, a right measured by social contract. But where the machinery of law enforcement is concerned, I favor it be held to strict adherence. Someone punched George Zimmerman in the face for bragging about killing Trayvon Martin? I’m okay with that.

Dem presidents won’t chose better supreme court justices than Repugs

Posted on July 28, 2016 by Eric Verlo

NOW we’re told the ultimate reason to prevent a Trump presidency is because he’ll appoint Supreme Court judges who will set progressive movements back for generations. You forget that President Obama’s latest nomination put the lie to that bugaboo. Put it to bed and burned it. Upon the fortuitous demise of one of the most corrupt justices ever, Antonin Scalia, who died literally, in bed with a crony patron, President Obama submitted for consideration as his replacement the conservative jurist Merrick Garland. Garland’s most notable legal achievement was to indemnify the US regime from charges of torture. I’m sure voters in 2008 elected Obama to uphold Democratic ideals not scuttle them. We’re being sold the same pitch with Hillary, really without any basis in fact, that a democrat will attempt to curb the Supreme Court’s antisocial conduct, as exemplified by the Thomas, Alito, Kennedy, Roberts cabal. The Garland nomination has also exposed the other lie, that Trump’s appointments could not be opposed. As we see with Garland still, SCOTUS nominees can be embargoed indefinitely.

Clean Energy march opens DNC 2016

Posted on July 25, 2016 by Eric Verlo

PHILADELPHIA, PA- Sunday’s successful march kickstarted public demonstrations against the 2016 Democratic National Convention in Philadelphia. Thousands called for environmental justice on the eve of the nomination of pro-fracking, pro-pipeline, pro-war-for-oil Hillary Clinton. The banner brought by Denver Occupiers “THINK OUTSIDE THE CONVENTION” dominated the photopress coverage, thanks to a great AP image carried around the world. It was a good thing too, because “Clean Energy” is a bit of a muddy concept, isn’t it?

The event was sponsored in part by the Sierra Club and Food and Water Watch, known to accommodate fracking as part of their Big Greens “let’s be realistic” about what what environmental actions can achieve. I’m not convinced that the average tree hugger has come to favor “clean” over the lesser-descript “green”, but energy industrialists cerainly like clean. They’re confident they’ve squarely branded it with natural gas. The clean coal industry is still making a play for it too.

Though the marchers on July 24 were unanimously against fossil fuels, participants may have been hoodwinked into believing they can reclaim the word “clean” from corporate advertizing and its captive media. I doubt it. This is the same argument for reasserting ownership of the American Flag from the America Fuck Yeah pro-war patriots. No. You retire the Swastika, you don’t rebrand it to mean something transformative. Someone pushing to rehabilitate the swastika is a Nazi.

Also typical of demonstrations coordinated by Big Greens, the march on Sunday didn’t go to the DNC. Instead it went Eastward, from City Hall for Independence Hall, for a rally in sweltering heat –and unshaded sun– that will incapacitate many participants from the next day’s march. The Big Greens know from their membership rolls that the average age is elderly.

Where to protest the 2016 Philly DNC

Posted on July 25, 2016 by Eric Verlo

PHILADELPHIA, PA- Depending on what you’re here to accomplish at the 2016 Democratic National Convention, pro-Bernie, anti-war, reformist, or disruption, here’s our shortlist of the event sites according to theme.

1. WELLS FARGO CENTER– Main site of DNC, for delegates only, surrounded by four miles of 8ft tall modular steel crowd control barriers.

2. CITY HALL– Most rallies and demonstrations are scheduled to converge here before a 4-mile march to DNC site.

3. INDEPENDENCE HALL– Sunday’s “Clean Energy” march ended here. Its lawn of is the backdrop for MSNBC live convention coverage and was the 2011 site of Occupy Philly.

4. CLINTONVILLE– Located 8 miles due North of DNC at America & Somerset, “Clintonville” is an urban campsite for the people’s movement, economic justice issues, and Green Party candidate Jill Stein.

5. MARCONI PLAZA– Less than a half mile from the DNC, Marconi Plaza is an ideal launching point to rally demonstrators against the DNC. Shade is sparse but this plaza appears to be the daily epicenter for Bernie Sanders supporters.

6. F.D.R. PARK– This park is immediately adjacent to the DNC and at the last minute was made available for overnight protest camping. There is ample shade but the many trees will prevent large centralized assemblies. It’s the place to be Monday afternoon and evening.

Yellen, Lagarde, Merkel, & May, already give us a taste of women-led injustice.

Posted on July 18, 2016 by Eric Verlo

When Hillary Clinton ascends to the US presidency, she’ll join a girls club of world leaders who’ve already shown that the feminine gender doesn’t lack for sociopaths. It may be hard to know whether IMF head Christine Lagarde or FED chair Janet Yellen are mere figureheads or cold-blooded usurers in their own right. The UK’s Theresa May hasn’t had a chance yet to flex her Thatcherism, but few dispute that Angela Merkel’s power is not as authentic as it is heartless. Those Americans campaigning for Hillary Clinton based on the assumption that women leaders could not possibly fail to restore humanity to a capitalist war-ravaged world, are ignoring the maternal instinct already disappointing on the world stage.

When the fracking industrialists came to Colorado Springs, they hired a white-haired grandmother to be their liaison to the city council. Predictably her fracking sold like hotcakes, if you’ll pardon the sexist analogy. Hillary is the frackers’ point-person to the unexploited regions of the world regardless of whether they beckon from war zones to be.

Modern Nat Turner insures Dallas cops cannot assail Black lives with impunity

Posted on July 9, 2016 by Eric Verlo

Was ANYBODY going to stop the unfettered lynching of people of color in America? Did President Obama ever deliver anything more than a eulogy? Few police officers are being convicted or even indicted. Videotaped killings of black men by lawmen have become so common, those disseminating the videos are being accused of harboring fetishes. People expressing offense online are being shamed for being clicktivists, though clearly the only fuels firing public outrage are the videos. Meanwhile Black Lives Matter spokespeople have become so jaded they ridicule the efficacy of street protests. And now everyone is condemning the lone direct action taker.

The killing of any human being is terrible, but the retaliatory killings of police in Dallas could have been prevented. Not by expecting minority communities to stomach further and unending extrajudicial assassinations, but by having police curb their racism and use of lethal force. Or of course by disbanding militarized police departments. Public officials can’t even broach that conversation. Do we expect the police state to dismantle itself?

Self-styled black revolutionary Micah Xavier Johnson, a typical PTSD-hardened Afghan vet, put “suicide by cop” to the service of his embattled community and avenged the deaths of Alton Sterling and Philando Castile. He didn’t shoot their actual killers, but he didn’t hit innocents either. Johnson targeted America’s systemic enforcers of inequity, hitting twelve police officers, five of whom have now died.

Let’s note those cops weren’t “protecting the first amendment rights” of a spontaneous protest of the Sterling and Castile murders, but were harassing and detering demonstrations. The officers could have chosen not to, and hopefully, their comrades in other cities, molesting other legal assemblies, may now choose to stand down, because now authoritarian bullying has come in the line of fire.

There is poetic justice for those who would decry “Blue Lives Matter”. If they’re going to pretend it, let them feel the oppressive threat of violence which black lives bear. For one evening, in a small corner of Dallas, Texas, police brutality faced a comeuppance.

For now Johnson’s act is being condemned as an atrocity, as a massacre even, though obviously his victims 1) met every standard of belligerent adversary, 2) were armed, and 3) outnumbered him. Let’s concede that Johnson is a credit to his military training. He confirms how our soldiers could so murderously rapage through our war zones against lesser equipped combatants. Johnson’s motive echoes that which provoked US atrocities overseas, seeking revenge against civilians, exacting collective punishment for deadly IEDs.

If we acknowledge the violence with which African Americans are oppressed, and the mendacity of its apologists and enablers, can we condemn violent resistance? International law accords oppressed peoples the human right to resist.

Slave rebellion leader Nat Turner is recognized today as a hero, but was exhaustively vilified in his day because he killed slave owners, indescriminate of old or young. Whites retaliated and killed many more blacks. More violence follwed from abolitionsists and Jayhawkers, all of it lamentable. But slavery didn’t end because we willed it.

Because this era’s history is written with erasers, our victors’ primary tool, Micah Johnson will probably never be praised for heroism.

Johnson will join fellow effaced cop-killer Christopher Dorner. A previous African American reservist vet who was immolated alive, killed instead of being apprehended, lest an investigation benefit from his testimony about why he could no longer bear LAPD corruption in 2013.

From Dorner’s “manifesto”, before Michael Brown, Ferguson and Baltimore:

“Those Caucasian officers who join South Bureau divisions (77th,SW,SE, an Harbor) with the sole intent to victimize minorities who are uneducated, and unaware of criminal law, civil law, and civil rights. You prefer the South bureau because a use of force/deadly force is likely and the individual you use UOF on will likely not report it. You are a high value target.

“Those Black officers in supervisory ranks and pay grades who stay in south bureau (even though you live in the valley or OC) for the sole intent of getting retribution toward subordinate caucasian officers for the pain and hostile work environment their elders inflicted on you as probationers (P-1?s) and novice P-2’s. You are a high value target.

You perpetuated the cycle of racism in the department as well. You breed a new generation of bigoted caucasian officer when you belittle them and treat them unfairly.

Mikah Johnson’s last words we only know through the spin of Dallas police, the same people who decided not to wait him out, nor to smoke him or gas him out from hiding in a public parking garage, but instead to send a robot with a bomb and M.O.V.E. his ass like every other black nationalist revolutionary.

No, you murdurous assholes, Johnson didn’t “want to kill all white people.” He wanted to kill white cops. Just like Dorner, he wasn’t a threat to the public, he was a threat to the police state. You cops ensured Mikah Johnson didn’t live to dictate “confessions” and you even obliterated his body like Osama bin Laden. Drawn and quartered essentially, to preclude memorializers being able to center on an idol to build a resistance.

You and I may grapple with what to think of Johnson’s personal rampage, but the state knew immediately his was the selfless heroism they fear most. As with bin Laden, they knew his apprehension must be terminal.

Lest I be misunderstood, I do not promote armed insurrection, sedition or murder. I cannot. But I will not condemn Micah Johnson.

I need not agrandize him either. Taken without his revolutionary ideology, Johnson was an ordinary mentally wounded veteran like many others. Homicidal vets with PTSD are at the core of our epidemic of police brutality. Our law enforcement teams are full of OIF and OEF soldiers who got their start shooting up cars at checkpoints and acting out racist genocide to their heart’s content.

It’s not a new problem, the US has always had active warzones feeding veterans into homelessness for those who couldn’t cope and filling government jobs for those who thrived. Beside policemanship, a very common job for discharged soldiers has always been the post office. Rembember the rampaging gunman problem we used to call “going postal?”

America’s racism problem may be transcended by a succession of church services, but class struggle is not a hearts and minds operation. Fascist rule and its army of the rich are not going to be wished away by militant nonviolence. That’s as likely as counting on the tooth fairy.

Worrying that acts like Johnson’s will provoke increased authoritarian repression is an expression of privilege provided by someone aclimated to a tolerable status quo, clearly a white perspective for whom black lives matter not enough.

Until all of us share the plight of the average Syrian refugee, trapped in our capitalist frontier war zones, none of us are shouldering an equitable burden of the police state.

That’s why it is more than black lives that matter. The middle class greivances of Occupy Wall Street are only a class removed from Black America’s suffering. We’re still talking about privileged Americans who support a grander racism that drives our global exploitation of all peoples.

I don’t have any faith that an arc of history bends toward justice in this corporate dark age. For my own sense of what’s right, it’s important to recognize Micah Johnson and Christopher Dorner for who they were, flawed, maybe very minor, aspiring Nat Turners, who wanted to strike against today’s slave masters and their brutal blue foremen.

FBI says Hillary Clinton was “careless” with classified secrets, not treasonous for evading public record.

Posted on July 6, 2016 by Eric Verlo

Pundits are decrying the unfair scrutiny on the presumptive successor-in-chief, pointing out that Condoleeza Rice and Colin Powell were never called out for using private servers. Other miscreants too, who should have been hauled before the justice department, tarred and feathered and pilloried. Carl Rove and Dubya Bush purged email records. Are they the new role models for what behavior is acceptable?!

And all that is missing the point. Hillary’s use of a private server for state department emails was more than a security breach, it was an avoidance of keeping a public record. It was evasion of accountability. It was treasonable. Richard Nixon was in touble for erasing 18 minutes of taped conversation in the White House. Hillary has deleted millions of records in flagrant violation of rules of transparency meant to check government corruption. Fortunately Wikileaks snagged a bunch of them, and presumedly the NSA has archived them all, with the entirety of everyone’s public and private record. Funny no one is reopening that can of worms.

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

Posted on June 23, 2016 by Eric Verlo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Denver ordinance cited above reads:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City challenges temporary injunction with US Court of Appeals.

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

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

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

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

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

Sep 30
City of Denver files motion to dismiss injunction.

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

Oct 9
Plaintiff files response to motion to dismiss.

Oct 16
Reply brief by plaintiffs

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

Oct 26
Reply from plaintiffs.

Nov 12
Reply in support of defense

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

Nov 17
Oral arguments to court of appeals, courtroom III

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

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

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

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

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

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

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

May 11
Deposition of Chief Justice Michael Martinez

May 31
Order received from Federal Judge William Martinez:

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

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

June 3
City responds to motion to show cause.

June 13
Fred Henrich 8/26 tent case dismissed.

June 20
Federal judge William Martinez responds:

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

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

—-

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

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

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

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

HOW TO GET OUT OF JURY DUTY

Posted on June 21, 2016 by Marveline

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

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

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

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

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

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

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

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

Your hand is still raised. You answer:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Denver charges against plaza occupier so bogus even court recorder objected.

Posted on June 21, 2016 by Eric Verlo

DENVER, COLORADO- Denver County Court Judge Beth Faragher says she’s never seen such a thing happen. Her courtroom audio recording device STOPPED RECORDING, at mid day, but it didn’t let on, and it was hours before somebody noticed. It was the defendant who noticed the machine’s erratic digital readout. An emergency IT specialist was sent to the courtroom. He confirmed that none of the trial had been recorded. The options were to repeat the testimony or declare a mistrial.

Eric Brandt is accused of interfering with the arrest of two fellow protesters who were being apprehended for felony menacy and assault on September 24, during the occupy encampment of the Lindsey Flanigan Courthouse Plaza last year. Judge Faragher has never seen such an electronic malfunction, but she probably can’t say the same for prosecutorial frame-ups. Denver’s machinations are so obvious and they’re not backing down from an arrest they engineered. Will the Denver goons be smart enough to pull it off? They can’t even fool their own RECORDING DEVICE. Unfortunately the human components of Denver’s injustice team are yet showing no embarassment for being party to this sham. Here’s how the city schemers are failing so far:

The trial today began with a defense motion to declare a mistrial, based on a DPD officer testifying that the plaza occupiers had a history of necessitating large police turnouts, implying protesters were violent where there was no record to support the inference. With the recording mishap, Judge Faragher has indicated she cannot but grant a mistrial if the defense motions for it. However Brandt and his attorney Sherry Deatch may not. Why? Because the prosecutors have not even finished with their first witness and he’s already destroyed the city’s case. Why start from scratch when the cat’s already out of the bag?

The city asserts that police were already on the scene, behind it actually, investigating a potential drug violation in progress on the plaza when they witnessed an altercation which necessitated their intervention. A lone visitor woke the sleeping protesters and they in turn ganged up on him. Though the police were outnumbered, they struggled to arrest two assailants and Eric “Fuck Cops” Brandt got in their way, vilating a Denver ordinance that forbids interfering with police.

The trouble is, the city’s first witness, arresting officer Sgt. Connover, testified to much more, and his cross-examination is not even complete. Already Connover described how officers were visiting the courthouse “control room” in the middle of the night, 2:30am, to study video evidence of illegal narcotics use. Lo and behold, a rukus errupts as campers wake to expel an intruder caught pilfering from people’s bags. Officer Conniver reported that officers eavesdropped on the live audio of the plaza being monitored by the security staff. They heard the activists confront the intruder about the thefts, ask for the return of their things and insist that the intruder leave. He would not leave and several attempts were made to drag him away, or to dissuade him from staying. Officers understood what was going on but watched until the expulsion efforts escalated.

According to Connover there were too few officers to act immediately, his team of six plus that many courthouse deputies were not enough for 15 sleepyhead activists. Connover relied on HALO cam footage to show the midnight’s events. It was an ackward angle unlike the camera feed he’d monitored that night, which showed much more. Connover admitted that DPD had collected the tape but couldn’t explain why it wasn’t produced in evidence, nor revealed to the defense under the rules of discovery. Because that angle would have showed the details of the scene, how many more officers there were in reality and how little violence the officers pretended to be apprehending. So little evidence in fact that the charges were dropped against the two original arrestees. Eric Brandt it turns out was right to berate the officers for arresting the wrong parties.

Brandt witnesses arrest of Matthew Lentz

Brandt protests the arrest of Matthew Lentz

Brandt informs officers they are arresting the wrong party

Brandt arrested, charged with interference

Lentz, Brandt and Brown arrested, provocateur released

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

Posted on June 13, 2016 by Eric Verlo

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

Sorry Rage, Trump Ain’t the Machine

Posted on June 9, 2016 by Eric Verlo

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

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

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

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

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

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

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

Mark Iannicelli Denver Revolutionary

Posted on May 24, 2016 by David Lee Anderson

The heart and soul of any revolution is found in the people who find the courage to stand up to the power of the state and cry out for justice. Such a man is Mark Iannicelli. Mark’s crime is to quietly and consistently inform the citizens of their rights. For this the state have brought the full force and power of their kangaroo courts with the aid of the Denver puppet police. Mark must be silenced, the status quo must be maintained.

Mark has been at the center of this revolution, a genteel giant who has faced the wrath of the courts and police with courage. Now comes May 31, 2016 when once again the state with all of the taxpayers resources will prosecute in their efforts to silence him with jail. The trial will be held in the Lindsay-Flanigan Courthouse.
Mark’s champion, a 90 pound woman, with the heart and courage of a lion, defense attorney, Katayoun Donnelly, will face off with the state in his defense.

I can think of no greater gesture to Mark, then for each of us to attend Mark’s trial and stand in solitary to say; We will not be silenced.

What’s so special about a handgun that shoots black teenagers with impunity? It’s standard issue for police officers.

Posted on May 22, 2016 by Eric Verlo

Celebrated lynchmobster and justice miscarriage George Zimmerman put his Kel-Tec PF-9 handgun up for auction. Today the cheapo “pocket nine” nine-millimeter with which Zimmerman killed Trayvon Martin with impunity sold for a quarter of a million dollars. A portion of which Zimmerman pledges will go toward countering the Black Lives Matter movement which arose when Trayvon’s lynching went unpunished.

Judges need to see we are watching

Posted on May 10, 2016 by David Lee Anderson

Today 5/9/16, a small defense attorney, Katayoun Donnelly, with a powerful voice, stood up for Mark Iannicelli, an activist. She faced off against Judge Theresa Spahn in courtroom 3F of Denver’s municipal court.

Many of us have been crushed by the power and weight of the State when we become a defendant in their Kangaroo Kourts, and often we have faced that power with a attorney who we at times thought was working for the other side.

Today was much different, as I sat watching this little woman with a booming voice defend Mark. She was forceful and courageous with a strong spirit for justice. She was not intimidated. And I don’t believe the words “Back down” is in her vocabulary.

When May 31, 2016 at 10:00 AM rolls around, I’ll be there in courtroom 3F.

As I sat there watching it unfold, I was reminded of a time when 43 people filled a courtroom on my behalf, and the difference it made in my case.

I believe that it is inherent of us who have sat there as a defendant, to give back to someone like Mark, who has given so much of his time on social issues, and support such a worthy attorney that is rare and hard to find.

It is my hope that you will be there with us as this small woman with the powerful voice for justice cries out on Mark’s behalf. It would be wonderful to fill every seat in that courtroom and send a message to this judge “We Are Watching.”

There will be fireworks, you don’t want to miss it.

The Queen can’t name her own successor, get it right.

Posted on April 30, 2016 by Brother Jonah

One of the few good things coming from the Cromwell Regime civil war in England was the Union Constitution. That’s the “British Empire” as represented by the Union Jack flag. Their constitution was much more liberal than that of the US and a hundred years earlier. My apologies, IS more liberal still.

And one part of it is that the succession is decided in Parliament. But there was another (yet another) gaudy news headline on a gossip “news” paper at the checkout line in King Soopers. Stating that QE2 had chosen Prince William to succeed her on the throne.

By the way, all through the time I spent thinking of this and now writing it, I’ve had this Python routine being an obsessive waking dream… “strange ladies lying in puddles distributing swords is no basis for kingship… true executive authority comes by a mandate from The Masses, not some farcical aquatic ceremony” and you either know the rest of that or you really should buy the DVD of Monty Python and the Holy Grail and just damned learn it. It is worthwhile. What Mrs Saxe-Goetheberg needs to really do is make a big grand gesture, not the one involving the middle finger nor the brit version which is a backward peace sign…

Instruct the Prime Minister to push a bill in Parliament to dissolve the monarchy, have all her heirs executed and abdicate. Charlie and Camilla almost got their asses dragged out of their limo and street justice would have prevailed, blue blood would have run in the gutters of London etc…

5 years ago more or less. I was impressed that the London Anarchists had found a neat way to block and defeat “kettling” and that the issue at hand was BessTwo planning a royal pain in the ass I mean “Royal Wedding” which cost the people millions of USD (only in euros) while and at the same time the Tory government which licks her feet was demanding austerity measures for the peasants.

But in return of the original thread, even though the most recognized Hereditary Dictator on earth, she is powerless to name her successor in advance. I don’t know if Will and Kate actually are the sweetest people in the world. Wouldn’t matter. Nobody is actually born to serve under or rule over any other person. It’s that simple.

As for the niceness of any of the Royals, their family has trained their bastard get to be nothing like nice for generations. Nature v Nurture but they sure have a lot of the latter. And it’s almost universally bad. The family has Dracula, Jack the Ripper and the Bush family tagged onto them.

Very ugly indeed.

Human rights for even Anders Breivik

Posted on April 27, 2016 by Eric Verlo

In retrospect, awarding the newly elected Barack Obama a Nobel Peace Prize was about as smartly ambitious as it gets. Everyone knows humanitarians don’t do it for the reward. A Nobel Prize is wasted if there’s not some eligible sociopath who might be influenced with the pressure to behave themselves. President Obama’s Nobel medal was an experiment in paying it forward. Who knows how much more bloodthirsty Obama might have gotten with his drones had not the Nobel committee tried to extort him with its higher expectations? The Nobel award givers took a lot of ribbing for their foolishness from those of us who weren’t idealist enough. AND SO IT COMES AS NO SURPRISE when Norway’s mass murdering overachiever Anders Breivik sued his jailers for abusing his human rights because he wasn’t getting sufficient visitors in his cushy prison suite, that the Norwegian supreme court would rule Breivik was right.

Of course they did. If you’re not going to give a death sentence to a crazed bigot who guns down 76 children, if you’re not going to throw him in a hole but instead give him a spacious accommodation, if instead of a life sentence you let him pursue university studies and limit his incarceration to twenty some years, then you don’t want to isolate your prisoner from human contact if it might appear even as a semblance of solitary confinement. Because lesser cultures do that.

Lesser capitalist flagship states isolate, execute and torture. I so appreciate that Norway wants to set a high bar, but I despair that the land of Guantanamo and waterboarding and indefinite detention and ILLEGAL detention and rendition and extrajudicial assassination and no habeus corpus can’t even see this bar to reach it.

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

Posted on April 11, 2016 by Eric Verlo

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

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

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

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

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

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

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

Posted on March 23, 2016 by Eric Verlo

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

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

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

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

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

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

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

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

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

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

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

Denver courthouse arrest violated both Chief Justice Order and CJO injunction!

Posted on March 21, 2016 by Eric Verlo

DENVER, COLORADO- The good news is that Denver has dropped the recent charges against Mark Iannicelli for disturbing the peace and violating a court order. The even better news is that the city had to release the probable cause statement which warranted Mark’s arrest. It turns out Mark was arrested for “distributing literature which is a prohibited activity on any walkway to the Courthouse.” Further, “The court order was posted at all public entrances to the Lindsey-Flanigan Courthouse which was where the incident took place.” While order CJO-15-1 is indeed posted at the door, it doesn’t ban the distribution of literature. Beside which, there’s a federal injunction stopping Denver from continuing to make these arrests. True, the city’s appeal is on appeal, but the injunction stands. Hold on to your hat because there’s a fair amount of attention being paid to this matter, helicopter fly-bys and all. Failure to know the law, or as they say, not getting the memo, is no excuse, as we all know, especially for cops.

OMG. Trump is not the Fourth Reich. You are!

Posted on March 17, 2016 by Eric Verlo

The face of American Fascism is ugly ugly ugly, by art deco spiffy uniform standards. To pluralist, multicultural tastes, it’s warm and fuzzy. You probably find it palatable, you don’t mind it telling you why we must settle for war, poverty and injustice. You recoil in fear when its faces tell you that Donald Trump is Fascism on the rise. American Fascism has been in high gear since consolidating everyone else’s trading monoplies, resources, and colonies. It began with the Louisiana Purchase and lept from the continent gobbling Spain’s former possessions. Our Veterans of Foreign Wars were the Nazis before the Nazis. Instead of targeting the Jews, the scope of Western genocide has been much broader. Today our Mandarins have friendly faces but their final solution is merciless and straddles the planet. On their domestic list are the homeless, the healthcare-less, the zero-stakeholders, essentialy the 99 percent. Internationally it’s everybody who doesn’t serve a purpose, for example, refugees. If you are complicit in this exceptionalism, you are the “Fourth Reich” everyone is warning you about. Donald Trump is an egomaniac with a Napoleon complex. Maybe he wants to liberate the common people from the old guard, cut the purses of the bankers, and crown himself emperor. The US presidency isn’t a dictatorship, but Trump’s foes sure are worried about him succeeding. This time round there might remain no monarchs to banish Napoleon to Elba. Trump has got no friends, and don’t be fooled, neither do you.

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

Posted on March 16, 2016 by Eric Verlo

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

The History of Violent Protest in Colorado Springs, in a Nutshell.

Posted on March 14, 2016 by Eric Verlo

GET THIS. I heard a reverend-person yesterday lecturing newish activists about their need for nonviolence training, which she was volunteering to lead. She was also offering rubber wristbands for her graduates to wear at demonstrations, so that police could differentiate between protesters. She told us she’d ask officers to scrutinize those not wearing bands as being the potential troublemakers. This, she assured everyone, would make it more difficult for outside groups to waylay the action. I kid you not. And she’s a church leader praised locally as something of an activist! HA! That’s a RAT!

I recognized the Springs “outsider” buggaboo so I thought I’d relate where it came from in a little piece I’ll call The History of Violent Protest in Colorado Springs. Ready? It won’t take long.

So what violence have I seen in my fairly full-time participation over a dozen years, multiple wars and as many elections? ZERO. That’s right. I’ve seen a lot of brutal handling by police, but by the hands of protesters? Nothing.

Yep. The History of Violent Protest in Colorado Springs. The End.

For as much as local church leaders harp on nonviolence training, which includes, by the way, nonviolence bounderies that forbid even confrontational speech, you’d think they’d seen a need for it. They haven’t. For EVERY preacher and or disciple regurgitating nonviolence edicts, I’ve never seen ONE counterpart advocate for, nor commit, violence. It’s almost a laugh, if the practice wasn’t so damaging to public demonstrations. Colorado Springs street protests have been defanged to nothing, police needn’t bother to show up and they don’t. As a result, neither do protesters.

And it isn’t just that nonviolence dogma declaws the public beast. Religifying activism alienates intellectuals and atheists who woud prefer not to suffer the foolish god-justified claptrap. Monotheism is the engine which has always perpetuated privilege, enslavement, colonization and capitalism. Wtf.

Not satisfied to deputize citizens with the equivalent of TSA pre-boarding approval, clergy want to deprive their charges of the element of surprise. The Springs antiwar community keeps direct contact with law enforcement. I’m guessing protestations, if any, are now simply phoned in.

I JUST WANT TO PUNCH these nonviolence religion freaks for mutilating the impetus of budding activists. A newcomer’s anger is what drew them to protest in the first place. Of course as ministers that is their function. Social injustice is job security to church employees. They are about as likely to remedy inequity as the Pope. Sermons aim to temper their sheep’s natural anger at injustice. But enough about those assholes.

No matter the issue, antiwar, the environment, racism, homelessness, in Colorado Springs I’ve seen absolutely no public demonstration escalate to violence. Why then the ready queue of spiritual nuts so eager to innoculate every next wave of concerned citizen before they can even take to the street? It goes back to something that happened at an antiwar demonstration in 2003, although the lesson being drawn is not based on what really happened. That’s the bugaboo.

Palmer Park, 2003
In 2003 George W. Bush was about to initiate an illegal war against Iraq and public demonstrations were coordinated across the globe. In Colorado Springs nearly 2,000 people assembled in Palmer Park along Academy Boulevard. The Springs rally looked to eclipse the antiwar events planned in Denver, so some people came from Denver, or so it’s believed. In reality, the Springs antiwar community had an average age of 75 and hadn’t seen new faces for decades. The sight of younger participants led many to believe they were from elsewhere. Plus some of the younger protesters wore black, so word spread they were Anarchists. Scary.

For the usual reasons, the CSPD decided to close Academy Boulevard. When rally-goers realized their protest wasn’t being seen because motorists were no longer driving by, some decided to lead the crowds southward toward an intersection where traffic was still passing. Being that Academy Boulevard was cleared of cars, the most obvious route was on the street. There was no sidewalk and the park was congested with the parked cars of the attendees. No matter. The police formed a line and ordered the marchers back.

The police began to spray tear gas as the protesters retreated. Clouds of gas enveloped the crowds as they dispersed and struggled to get in their cars. The cars were gased with families and small children inside them, unable to drive away.

Across the globe that day, only two cities used tear gas against their antiwar protests: Athens and Colorado Springs. That’s how old timers like to tell the story. They’ll add that the police crackdown was prompted by unruly outsiders being violent with police. By which they mean, refusing to get off the street. Being assertive of one’s rights somehow became translated to mean impermissively violent.

Had these Emily Posts ever seen the footage of Selma?! These nonviolence sticklers are MLK idolators, yet just like Selma’s whites, they blame the victim.

Palmer Park, 2003

Protests in Colorado Springs immediately diminished in popularity and never again drew large numbers. Apparently when organizers called their members the apprehension was always “will it be safe?”

And so from that day, nuns and other clergy met regularly with Colorado Springs police to talk to them about protest plans, lest CSPD be surprised and overreact. That hasn’t stopped police from dragging us across streets or assaulting us in parking lots or on sidewalks. Oh to have merited it even once!

NOTE: I have omitted a couple of insider details about the 2003 rally because I wanted to relate the experience of the average participant. Yes, the event was advertized statewide and drew opponents of Bush’s war from along the Front Range. And yes, there was a strategy among frontline protesters to try to block an intersection. Most attendees didn’t know either of these facts. The local peace community was so insular that all new faces were looked upon as interlopers. But my point remains, there was no violence. Our freedom to assemble, wherever two thousand people need to go, is not abriged by congress nor by traffic laws. Rebuffing law enforcement’s attempt to disrespect civil liberties by standing, walking, sitting, or shouting, is not violence.

St Patricks Day, 2007

Nonviolently submitting to state violence is supposed to move onlookers to empathy. In 2007, was the Colorado Springs public moved by the police brutalization of nonviolent 70-yr-old Elizabeth Fineron, who later died of complications of her injuries? No, they cheered the police.

Sacrificing yourself may work in democracies with an empowered populace, but against fascism, as against the Mongols or Manifest Destiny, it’s abrogation of responsibility and suicide.

Nonviolence
Incorporating the dogma of “nonviolence” into what would otherwise be straightforward protest becomes problematic when nonviolence folks want to differentiate themselves. Those who are “othered” are then presumed to be planning violence. That’s a very serious charge. Inciting a riot is a crime. Plotting to overthrow a democracy is sedition.

Non-nonviolence does not equal intending-violence. For example, I do not advocate violence, I advocate solidarity.

I do not oppose people asking for NV training, or undertaking it, though I would prefer that nonviolence wasn’t marketed to newcomers who wouldn’t have thought to have needed it.

Why should “nonviolence” even have to come up, for example, at a discussion about a SIT-IN? Agreeing to sit is already a gesture which has capitulated the option to resist. A crowd can’t charge from the seated position. You can’t even defend yourself. The nonviolence is inherent.

Religious NV training is really about nonviolent communication, a whole other can of rotten worms. There is no evidence that Gandhi, MLK or the Flint factory sit-ins practiced that aberration.

If the challenge is to show public opposition to the sit-lie ordinance because it further oppresses the homeless, public energies need not be exhausted by habitually passive religious leaders and their idea of what direct action needs to be.

Yes, the anticipation of the supremacy of nonviolence over state violence is a religious expectation. Against fascism you’re asking for a miracle.

If preachers were activists they would lead their flocks into the street. Circulating among activists, those church leaders are opportunistic missionaries, looking for recruits among the disenchanted.

To be earnestly inclusive of faiths and non-faiths, leave you diety at home. Show respect for the “others” who don’t need the voodoo rationalizations you require to muster moral courage.

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

Posted on March 2, 2016 by Eric Verlo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Scalia cheats hangman and robs voters of excuse to elect a Democrat in 2016

Posted on February 20, 2016 by Eric Verlo

HAHA. The Supreme Court’s most contemptible crony is dead and President Obama can appoint a more bluish replacement. Apparently that’s a key reason to have your party’s president in the White House. Obviously SCOTUS justices will always be pro-corporate and conservative of the status quo, in the interest of both right and center-left-of-right parties. At face value Scalia’s sudden demise is a welcome development for the so-called people’s party. Except it leaves Election 2016 bereft of the only reason being pitched as to why voters must hold their nose and elect another Democrat.

	LL on Owl City writes lyrics most fo…
	lizzie on The ‘success maker…
	gary cummings on Common Dreams? Or is it censor…
	kennetha on The Stiles Unit of Beaumont
	Cristian on Shlomo Sand and shattering a n…
	Vic Currier on Why should you attend the Denv…
	Vic Currier on Sovereign constitutional oath…
	Robyn KenyaStar Prui… on White Native Americans
	Debra Gill on The Stiles Unit of Beaumont
	Xaldyn on The ‘success maker…

Not My Tribe

The Myth of Middle Ground

Tag Archives: Justice