Iraq War embed Rob McClure, witness to war crimes he didn’t report, suffers phantom pain in gonads he never had.


DENVER, COLORADO- Today Occupy Denver political prisoner Corey Donahue was given a nine month sentence for a 2011 protest stunt. Judge Nicole Rodarte’s unexpected harsh sentence came after the court read the victim statement of CBS4 cameraman Rob McClure, who said he still feels the trauma of the uninvited “cupping [of his] balls” while he was filming the 2011 protest encampment at the state capitol. Donahue admits that McClure was the target of a “nut-tap”, but insists it was feigned, as occupiers demonstrated their disrespect to the corporate news crews who were intent on demonizing the homeless participants even as Denver riot police charged the park. Though a 2012 jury convicted Donahue of misdemeanor unwanted sexual contact, witnesses maintain there was no physical contact.

Of course simply the implication of contact would have humiliated McClure in front of the battalion of police officers amused by the antic. That’s authentic sexual trauma, just as a high school virgin is violated when a braggart falsely claims to have of engaged them in sexual congress. Donahue was wrong, but how wrong? Can professionals who dish it out claim infirmity when the tables are turned?

Ultimately the joke was on Donahue, because his mark turned out to be far more vulnerable than his dirty job would have suggested. The CBS4 cameraman who Donahue picked on was a louse’s louse.

Off limits?
While some might assert there is no context which would excuse touching a stranger’s genital region, I’m not sure the rule of no hitting below the belt is a civility to which folks facing riot cops are in accord. Protesters can’t shoot cops, they can’t spit at cops, in fact protesters have to pull all their punches. Some would have you believe demonstrators should do no more than put daisies in police gun barrels, all the while speaking calmly with only pleasant things to say.

Let me assure you, simply to defy police orders is already a humiliation for police. What’s some pantomimed disrespect? Humiliating riot cops is the least unarmed demonstrators can do against batons and shields and pepper spray. Should the authorities’ private parts be off limits for a public’s expression of discontent? Jocks wear jock straps precisely because private parts aren’t off sides.

It’s tempting to imagine that all cops are human beings who can be turned from following orders to joining in protestations of injustice and inequity. This is of course nonsense. But it’s even more delusional to think corporate media cameras and reporters will ever take a sympathetic line to the travails of dissidents. Media crews exploit public discontent just as riot cops enjoy the overtime. Media crews gather easy stories of compelling interest from interviewees eager to have their complaints be understood.

Corey Donahue
On October 15, 2011, Rob McClure turned his camera off when the narrative wasn’t fitting the derogatory spin he wanted to put on the homeless feeding team which manned Occupy Denver’s kitchen, dubbed “The Thunderdome.” Donahue observed the cameraman’s deliberate black out of the savory versus the unsavory and reciprocated with the crowd pleasing nut-tap. In the midst of this circus, Colorado State Troopers, METRO SWAT, and city riot police charged the encampment and made two dozen arrests.

It was hours later, perhaps after reviewing police surveillance footage, that McClure conferred with police commanders and agreed to press charges for the nut-tap. Corey Donahue was one of the high visibility leaders of the crowd. He’d been involved in multiple arrests, but this time his bond would be higher and harder to post because instead of the usual anti-protest violations, Donahue would be charged with sex crime.

Ultimately Donahue sought political asylum in South America rather than face having to report for the rest of his life as a sex offender. The offense was only a misdemeanor and his trial was a miscarriage of justice. Attorney friends later convinced Donahue to return to the US because this crime was arguably not sex related and was likely to be overturned on appeal. Likewise, a sentence was unlikely to exceed time served as the “nut-tap” paled in comparison to the police brutality and excessive force which has since ensued. Neither Judge Rodarte or victim Rob McClure got the memo, and it wasn’t the first time McClure failed to frame public outcry in the context of brutal militarized repression.

It turns out McClure’s own self respect was probably way too fragile to have ventured to cast stones at the slovenly homeless occupiers.

Rob McClure
Cameraman Robert McClure had been an embedded reporter in Iraq in 2004. You might expect such a experience to have toughened him up, or expanded his empathy for critics of US authoritarian brutality, but that is to underestimate the culpability of the corporate media war drum beaters.

And McClure’s guilt ran deeper that that. According to his CBS4 bio, McClure was reporting from a major military detention center. It turns out McClure covered Abu Fucking Ghraib. In 2004 McClure’s assignment was to distort what happened there as rogue misconduct. No thanks to fuckers like McClure, the Abu Ghraib techniques were later confirmed to be standard protocol. The US torture and humiliation of prisoners was systemic.

McClure’s coverage for CBS4 specifically glorified Dr. Dave Hnida, otherwise a family physician from Littleton, but in the service of the military as a battlefield surgeon assigned to treat prisoners of war. While it sounds commendatory to attend to the health of our sworn adversaries, in practice that job involves most commonly reviving prisoners being subjected to interrogation. Hnida’s task was to keep subjects conscious for our extended depredations. Medical colleagues call those practitioners “torture docs”. They shouldn’t be celebrated. They should lose their medical licenses.

So that’s the Rob McClure who wrote Judge Rodarte to say that after all these years, having witnessed unthinkable horror and sadistic injustice, while still spinning stories to glorify American soldiers and killer cops and power-tripping jailers, the memory of Corey Donahue’s prank made his balls hurt.

DIY legal strategies for defendants to give their lawyers a running start

If you’ve been arrested at a protest action you’ve got more legal options than paying the fine or taking a plea deal. Whether or not your act was constitutionally protected, or should be, or whether it was civil disobedience and was meant not to be, there are a couple good reasons to fight your charges in court. First, to draw further attention to your issue, and second, to give your prosecutors more incentive to offer a better plea deal. They might even drop your charges altogether.

Let’s assume you have the time to attend multiple court dates and that your low income means you qualify for a public defender.

Don’t have the time?
If you don’t have the time, make it. Every court appearance is a chance for a press release. Example: City Prosecutes Activists Instead of Indicting Killer Cops. Not only are you forfeiting the opportunity for more publicity, you are resigning yourself to a stiffer plea offer. Probation, or deferred judgement, or deferred prosecution for a probationary period, will take a larger chunk of your time from activism than a few court dates.

If you are eventually planing to hire a private lawyer, the same initial strategy applies. Your inconvenience is nothing compared to the wrench you’re throwing into the city’s injustice machine, by merely fighting your case.

Let’s assume also that you have bonded out of jail. Your first court appearance will be a BOND RETURN DATE. If you did not bond out and remain in custody, your first court appearance will usually be the morning after your booking and will be called an ARRAIGNMENT. Both are supervised by a magistrate before whom you will be expected to plead guilty or not guilty.

You are going to do neither.

That said, if you are still in custody, your first objective would be to hasten your release, hopefully on a PR bond. In such case, the following steps need not be uncompromising.

City Attorneys
If your event is a bond return date, you will first be called out of the courtroom by a city attorney to discuss a plea deal. Here’s where most people think they can candidly argue their case in hope that the prosecutors will decide to drop the charges. Those defendants are only giving the city more cards to deal against them. Your first move will be to DECLINE TO SPEAK TO CITY ATTORNEYS. You can ask what deal they are offering, but you say nothing about your case and admit to nothing. You are better off not even sitting down. Tell them from the hall that you have nothing to discuss, have them please bring your case before the magistrate.

The Magistrate
When the magistrate calls you up, tell him or her that you DO NOT CONSENT TO A MAGISTRATE adjudicating your case, you want the judge to which you are entitled. The magistrate will have to reschedule your court date before a judge, in the division to which your case was assigned. This might be one or two weeks later.

Bond Return Date, Round Two
Your second date, this time titled an “Arraignment” will be another chance for the city attorneys to pretend they have a right to interview you. Again you brush them off. When you’re finally called before the judge, he or she will ask you what you plead. Say that you CANNOT PLEAD BEFORE CONSULTING AN ATTORNEY. Asked if you have an attorney, say no, you require a public defender.

The judge will tell you a public defender will only be assigned after you’ve entered a not-guilty plea. Stand your ground, ask how are you supposed to make a legal decision without the advice of the public defender? The judge will decide to enter a not-guilty plea on your behalf, to which you will OBJECT.

A plea made over your objection will be a potential element of a future appeal. Likewise was the attempt by city attorneys to pretend they had authority to discuss your case without your having an attorney present. These will be two factors that will give you leverage in negotiating a better plea offer.

The judge will ask if you want a jury trial, to which you will answer YES. You’ll be assigned a pretrial conference date, or reset date, and a trial date. Your next task will be to apply for a public defender.

Representation
If you make too much money to qualify for a public defender, you might want to hire a lawyer, or find one who is sympathetic to your cause who can represent you Pro Bono. If you are smart enough on your feet, you can represent yourself PRO SE.

One possible advantage to proceeding Pro Se is that the city might eventually drop the charges, calculating that if you couldn’t find an attorney to defend your criminal case, you are unlikely to find one to bring a civil suit against the city for false arrest. They risk little to drop your case instead of spending an awkward day in court trouncing a DIY defendant in front of a sympathetic jury of his peers.

If your application for a public defender is accepted, they’ll also waive the $25 jury fee. If you can’t apply for the public defender within 30 days of your forced not-guilty plea, you should file the jury trial request yourself and pay for it.

No not under any circumstance elect a trial by judge. Denfense lawyers call that a “slow motion guilty plea.” You’ll soon learn that judges work for the same side as the prosecutors. So do the public defenders, but they can serve your purpose for the time being.

In a future article I’ll discuss what to do with public defenders.

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.

Paul Castaway and a mother’s grief


DENVER, COLORADO- On July 19th 2015, I met the Mother of Paul Castaway, a young native American man who was shot four times by the Denver Police Department and died of those fatal shots. At the memorial service she saw me sitting there watching her, she quietly walked up and held out her hand and ask me my name, then in a very soft and quiet voice she said “Thank You, for coming” With her eyes and slow movement of her step you could see the weight of her grief. I was stunned into silence.

[Paul Castaway’s Mother and the memorial for her son, killed by the Denver Police Department one week ago on July 13th 2015.]

When we arrived at the memorial site, she knelt down in prayer placing flowers there.

I started to reach for my camera, and then I heard her first quiet sob. I was frozen in place as I listen to her sobbing, a mother’s grief for a lost son that only she can suffer alone. There would be no clicking of the camera in this moment of sorrow.

Earlier in the day I had been to a support the police rally in the Civic Center Park, I was there as part of a group of counter demonstrators. The police support group were very loud and unyielding in their support for their police Department.

As I sat listening to the Mother quietly sobbing for her lost son, I wondered; If those police supporters could hear this Mother’s grief, if they could see her tears; would they still fell the same about their blind support of the Denver Police Department.


[The police protecting their KILLER COPS supporters from peace activists.]