Motion hearing for 4/29 protest arrest brings out affinity of cops and judges.

DENVER, COLORADO- A local activist flipped off a municipal court judge. Yes, it’s not done, but the consequence was more severe than even the judge intended. She was attending a motions hearing of a fellow protester accused of disobeying a cop. During DPD testimony an officer was narrating a surveillance video which the audience was unabe to see. She tried to shift seats but was told to sit down. After two admonishments, she complied in silence but made a disrespectful gesture where she sat behind the flat screen monitor, where she thought the judge wouldn’t see. But a clerk did see the gesture and told the judge. Judge Nicole Rodarte, no friend of political activists and facing a roomful of them, immediately had her held in contempt of court for the remainder of the hearing. Contrary to instructions, the unnamed activist was taken across to the jail to serve a sentence of ten days. We’re not sure yet who was complicit with the mixup. Here’s what happened:

It was a hearing no Denver street activist wanted to miss. Habitual free-speech offender Jesse Benn is accused of disobeying a lawful order, being on the street, failure to disperse, etc, etc, at the April 29 march solidarity march for the people of Baltimore upset about the in-custody murder of Freddy Gray. Jesse’s jury trial will follow shortly.

At this motions hearing, the unpopular motorcycle cop Michael Rispoli was testifying as to the evidence against Jesse. Officer Rispoli is uniformly reviled for his tendency to ram his motorcycle into peaceful marchers. At the April 29 march, Rispoli dropped his motorcycle, feigning having been pushed by bicyclist Michael Moore. A SWAT crew piled on Moore, protesters rushed to his defense, this precipitated more arrests and prompted the police to pepperspray the crowd which included a number of small children. Justified by the attack on Officer Rispoli. Jesse Benn recorded the video which proved Rispoli’s lie. All charges were dropped against Moore, but the rest of the arrestees are being prosecuted, including Benn.

Rispoli by the way has been reassigned to DIA. After six years on the downtown motorcycle crew, monitoring and herding political demonstrations, he’s been demoted to the airport.

So at this hearing Bad Cop Rispoli was proudly testifying about the crowd-control techniques of the motorcycle unit. Very, very informative. At one point the prosecution played a police surveilance video so that Rispoli could give the play by play, point out offenders, and share his strategy. Except the audience couldn’t see the video screen. The content wasn’t forbidden, the judge just saw no need to make a screen available to the public. This being a public hearing.

It was frustrating, and said audience member rose to move about to catch a glimpse of the video. Judge Rodarte told her to sit down. She explained the problem, the judge only repeated her warning. She returned to her seat and apparently formed a finger with her left hand, thrown down behind the large screen monitor, where we couldn’t see, nor even the judge. The courtroom clerk spotted it however and told the judge.

Judge Rodarte promptly asked the deputees to remove the activist to an adjacent room used for in-custody defendants. She informed us that the activist was being held in contempt and her case would be handled at the close of the hearing, hopefully before the lunch break. The hearing resumed without further incident, except more lies from Rispoli. One lie prompted defendant Benn to hold a notepad aloft, for the audience’s eyes only, on which he’d scribbled “perjury!”

The hearing ended before lunch. Judge Rodarte excused herself to review the activist’s criminal record. Rodarte emerged from her chambers to announce that the matter would be addressed after lunch.

When court resumed at 1:30pm, Offender X was brought back in from the side door. Judge Rodarte gave a brief lecture about how X’s act had insulted the integrity of her courtroom and the justice system, etc. She asked if X had anything to say in anticipation of sentencing.

X gave a similarly brief speech about what she’d witnessed in Rodarte’s courtroom and the affront it represented to the public. X closed by declaring she welcomed whatever consequence the judge wanted to throw at her.

“I sentence you to two hours, time served” said Judge Rodarte. She ordered the sheriffs to release X, when they were done with her, or words to that effect.

We went to the jail to await X’s release, anticipating the usual booking delay. We eventually learned that X was supposed to serve a ten day sentence for contempt of court. It took us 35 hours before the error was sorted out. The detention center staff had admitted X with absolutely no authority to do so, certainly no documents remain on file. There is no paper trail and the Office of the Independent Monitor and Internal Affairs are trying to sort it out. Stay tuned.

The case against activist Jesse Benn raises the penultimate question about the right to march in protest. Jesse Benn is charged with being in the street. Traffic laws favor cars over people in the use of public roads, but does a vehicle’s right of way always abridge the people’s right to assemble? Hundreds of demonstrators marching to seek redress of grievances need the road too. Very often authorities tolerate protesters taking the streets for that very reason. Or because authorities have already blocked the streets. It’s complicated, and Jesse Benn might be being punished here because he took the video that implicated a bad cop. The system wants to use Jesse Benn as an example. Activist need to use Benn as their example, to teach the city a lesson about wrongful arrest and our civil liberties.

Denver jury finds camp protester NOT GUILTY of tent erection (obstruction).


DENVER, COLORADO- Andrian “Monk” Brown was observed on HALO camera “erecting a tent” on the spot he’d been arrested two days before inside a similar tent. He was arrested escaping the scene of the crime and or walking his dog around the block. This week Monk was tried for obstruction, the deputy city attorney prosecuted the case herself but was unable to overcome the jury’s inclinations that the charges were “silly”. Monk’s defense attorney rested her case without presenting a thing. Essentially the closing argument was this: did a three-man tent obstruct anyone in a large public plaza? NOT GUILTY.

The jury had many questions of their own for the prosecution’s witness, District Two Commander Anthony Lopez. The judge allowed none of them. One of the questions asked “what was written on the tent?” In fact the tent was decorated with many slogans and constitued part of the political protest in front of Denver’s municipal courthouse.

The protest had been going for three days, twentyfour-seven. The protesters had won a federal injunction preventing the city from arresting them for the pretext of “jury tampering”. The protest was pushing up against the “urban camping ban” ordinance although the city refused to cite that infraction, instead confiscating the “encumbrances” of activists and charging them with obstruction.

Many “evictions” later, several activists are now burdened with cases of “obstruction” and Monk’s verdict offers hope that Denver juries will see through the city’s pretext.

An important lesson learned during Monk’s trial was the opportunity offered by the police arrest video. While issues of “jury nullification” or the camping ban or the right to assemble or the police state would be impossible to sneak past a city attorney’s objections, talking about them calmly over a megaphone during the police raid will give the jury a full uninterrupted twenty minutes of background context with which to reveal what “encumbrance” the city is really worried about.

Occupy Denver: not as badass as they pretend to be

DPD interrupt Occupy Denver protest at the Tattered Cover Bookstore
DENVER, COLORADO- Occupy activists were making their usual cacophony on Friday night when Denver police cruisers began converging into a familiar disproportionate show of force. Experienced skirmishers though Occupiers are, we couldn’t help whispering to each other as we watched more DPD officers accumulate on foot from vehicles yet unseen. The unintended effect of course was that our chanting diminished as the tension rose and Denver onlookers were treated to a literal illustration of the chilling effect of police intimidation. To make matters more embarassing, Occupy was shouting that we would not be silenced! By the time police were trooping upon us there was no sound but DPD boot steps and our “cameras on, everybody, cameras on.”

Our Friday night boycott of the Tattered Cover Bookstore is part of an OD operation to pressure downtown businesses to withdraw their support for the city’s urban camping ban, an ordinance which in effect criminalizes the homeless. The Tattered Cover claims to have asserted neutrality on the city’s decision to forbid sleeping and sheltering in public, but OD stands with Howard Zinn when he claimed “you can’t be neutral on a moving train.” Silence is consent. Injustice prevails when good people say nothing, yada yada. So it’s the Tattered Cover’s turn to step up to what is everyone’s responsibility. OD invited the Tattered Cover to sign a letter rescinding their support for the inhumane ordinance, but the Tattered Cover’s owner held to her obstinence. She was confident that her customers would have sympathy for her business’s precarious balancing act with the community’s unchristian conservatives. If the Tattered Cover wants to put business over doing the right thing, OD concluded that a boycott could provide the commensurate incentive.

A boycott strategy has worked twice before on this campaign. Actually, boycotts and pickets seldom fail. The global have-nots owe everything to street protest. Grown prosperous, middle America has been shorn of this wisdom. Most Americans do not know what protest is about, thus Friday nights in downtown Denver are also a teaching moment for Occupy. Pardon the inconvenience people of Denver, you’re welcome.

To be fair, for the uninitiated, protests are a messy, noisy thing.

As this Friday evening progressed, occupiers suspected the police were going to make an issue of the serenading, it was self-evidently less melodious than the previous weeks. Earlier we noticed officers dispatched in pairs into multiple directions seeking interviewees from among our audience. But we did not expect a DPD delegation to descend upon us at troop strengh. We began shouting down the DPD as their commander shouted “Can everybody hear me?” What authority had officers to interrupt our constitutional right to assemble? It is amply documented that when activists attempt to interrupt the meetings of others, with Occupy’s “mic check” for example, we are escorted from the room with rough haste.

In Occupy’s defense Friday night, we didn’t submit ourselves to being lectured about “what you are free to do etc, etc.” We knew our rights. We also suspected a noise complaint before the hour of 10pm was of dubious legitimacy. We did however accept an abridgement of our free speech, for the sake of, let’s call it, detente. Because it was dark and we were outnumbered.

A few Occupiers were not happy about being made to relinquish megaphones and drums on the trumped-up premise of signed noise complaints. The officers had obviously solicited the complaints; they had not been dispatched in response to any. Some Occupy wild cannons threatened to upset our disarmament truce. Our hushed reproaches become the next inadvertent impediment to regaining a chant momentum.

In debriefing it was agreed that the more impertinent among us are precious resources Occupy should not make a habit of quashing. When demonstrator numbers are enough to effect unarrests, we’ll have occasion to reject civil liberty infringing ultimatums and encourage the pushing of limits beyond the habitual collective consensus comfort level. This security culture indiscretion about protest strategy is tendered here as an encoded call to action.

BUT SERIOUSLY, what do you make of the Denver Police Department’s exagerated show of numbers at the Friday night action? It was the usual DPD MO in the heydays of Occupy, and it’s what they are throwing now at the Anonymous “Every 5th” resurgence, but what about OD’s campaign -to repeal the Urban Camping Ban- could have provoked a law enforcement surge aimed at its decisive truncation?

WHO KNEW a picket of such limited scope could draw such ire. We aren’t threatening Capitalism or banks or energy infrastructure, or DPD’s favorite, FTP.

However hypocritical and exceptionalist the Tattered Cover is behaving, I don’t believe they requested DPD’s move. But I don’t doubt the Downtown Business Partnership is fearful that the famed independent bookstore might cave to protester demands at which point the DBP’s mandate will lose its liberal cover. They know the inevitability of boycott victories, they’re business people.

CSPD backs down, decides at 11th hour not to make Occupation arrests

COLO. SPRINGS- We don’t really know what happened last night. Police commanders told representatives of the Colorado Springs Occupation protest that they would be arrested that evening if they lingered in Acacia Park one minute past 11pm. They were told that the decision came from the City Attorney. Then nothing. Whether an intimidation tactic or Psy Ops to discredit the protesters to cry wolf, it backfired, because last night the city of Colorado Springs learned that quite a few of its citizens are willing to face arrest in order to stand up for freedom of expression and the right to assemble. Even as the entire night passed without interrution, whether now the welcome table, canopy and protest materials are raided no longer matters, because it will be reconstituted in spades. The people of Colorado Springs know their rights! Incidentally, in their talks with the organizers, on the record, the CSPD claimed that the ordinance they were enforcing had passed with the approval of the local ACLU. Not true!

Under cover of night Boston PD raided protest, arrested 50 and razed camp

Under cover of darkness, Boston and Massachusetts State Police raided Camp 2 of the OCCUPY BOSTON protest. A reported fifty activists were arrested, the police brutalized mostly elderly Veterans For Peace members trying to protect the campsite. Even as the paddy wagons were being filled, sanitation department garbage trucks were being filled with all the camp materials, tents, sleeping bags, signs and all. The pretext for the raid was that camping was in violation of city ordinances, the excuse being used on Wall Street and here in Colorado Springs. Constitutionally the enforcement of such laws are violating the protesters’ first amendment right to assemble, a right guaranteed night or day, sunny weather or inclement. The right to shelter is guaranteed by the UN Universal Declaration of Human Rights. Laws targeted at homelessness are being used exactly as opponents feared, to squelch political dissent. Notable about tonight’s raid, the Boston camp was an expansion camp relative to the original encampment, demonstrating that authorities will tolerate protest so long as it is nominal. They definitely do not want to see it growing.

Springs congressman Doug Lamborn tells citizens he answers to private propertied constituents not to public

Congressman Doug Lamborn's office at 1272 Kelly Johnson Way doesn't permit protesting
COLORADO SPRINGS- Local citizens have had plenty to protest with Congressman Doug “Obama is a Tar-Baby” Lamborn, so now the Tea Party bigot has put up a sign, NO PROTESTING. Lamborn declined to meet with community leaders from the NAACP on Monday, or Move-On organizers on Wednesday. Are you in Colorado Congressional District Five? Well, you may neither SOLICIT a meeting with your government representative, nor LOITER hoping to wait him out. Politicians like Lamborn who want to shove undemocratic corrupt legislation down people’s throats, and spout deeply offensive racist rhetoric out of sheer stupidity, have to hide where constituents can’t reach them.

Congressman Lamborn office park with AECom and other weapons industry swine
Situating your office where your constituents can’t reach you reminds me of former Senator Allard’s office in the Plaza of the Rockies, where security guards forbid entry to anyone who didn’t look investment-banker friendly.

The plaza complex is now the Booz Allen Hamilton building, the world’s largest weapons industry firms, chaired by James Woolsey and his wife, one of the Colorado College trustees. You’ll note that one of Lamborn’s neighbors is AECOM, another giant war profiteer.

At least Allard chose an office which was centrally located, only a block from Congressman Hefley. Doug Lamborn’s office is situated in an industrial office park where no one can hear you scream.

So is isolating yourself from you constituents now standard MO for legislative office-holders? Not really. Representative government is hardly where you want to take a stand against a public’s right to freedom of speech and freedom of assembly. Especially someone espousing to be a patriot for the Tea Party.

Actually, if Lamborn wants to assert that his corporate representation gig is “private property,” I’d say the crafty bugger is right.

Congressman Lamborn says NO SOLICITING, NO PROTESTING, NO LOITERING
No shirt, no shoes? No representation.

DNC disruption provided by FOX NEWS

Fox bulldogDENVER- Sunday DNC Antiwar Rally. Predictably enough, the only disorder at the DNC protests was instigated by Fox News knave Griff Jenkins. At Recreate 68’s kickoff rally on Sunday, ambush reporter Jenkins tried to rush the stage and force an interview of Ward Churchill. AIM security intervened, but the camera skirmish created an inordinate distraction for the speaker at the podium and the audience trying to listen.

The diminutive Fox dick started shouting about HIS FREE SPEECH RIGHTS, which I believe illuminated his own understanding of the “journalism” role Fox serves. He doesn’t report, he decides. This thug’s media clout gave him the delusion he could speak over our right to assemble and attend to our speakers. His self-importance was laughable, and the crowd was not convinced. It started chanting FUCK FOX, FUCK FOX. Which of course Fox News reported as an anti-Fox riot. This was repeated later when Jenkins tried to interview marchers along the parade route.

Ward Churchill

In fact the only confrontations to come of the DNC demonstrations involved Fox’s Jenkins, Michelle Malkin, and inexplicably as far as I can undersand, Alex Jones from Prison Planet.

DNC disruptors disrupted

R68 meeting disrupted by bullhorn
DENVER- A counter-protester tried to disrupt a DNC protest planning meeting by heckling with a bullhorn. He claimed it was his free speech right, without giving any thought obviously to R68’s right to assemble.

Courts have long supported the collective right to conduct meetings without interruption. This is one reason why the use of bullhorns is usually restricted by permit. Although several police cruisers sat parked within sight of these events, no officer came over to investigate. Do you think this was because they found this would-be disruption pretty ironic?

Social justice demonstrators often face desperately inane verbal assaults from pinheads. When these detractors are violent, as idiots are wont to be, the violence is often blamed on the original demonstrators.

Yesterday’s incident was a good reminder of the confrontations which result when ditto-heads and bigots get it in their mind to put their voices in the way of social progress. At the DNC both Rupublican and Democratic Party defenders are likely to come down to oppose the protests in the street. At street level there is no discussion. It’s only shouting and disagreement. Hopefully the DNC actions will stay focused on the message of the unity which will be necessary among the masses.

Money making opportunity at the DNC

Shake Your Money MakerDENVER- Recreate-68’s Monday 5PM event “Shake Your Money Maker” is about encircling the Denver Mint and levitating it to return the banking system’s hoarded riches to the people. If that doesn’t sound lucrative enough for you, other Take Back the Streets actions are promoted with fliers which promise to improve your material conditions. While some might think that’s an all out call for looting, organizers insist participation is “character enriching.” But the DNC will indeed provide a high road to riches if you read the news from NY.

Come to demonstrate. March. Put your body smack dab into your right to assemble. Do what you know you have a legal right to do. Let them arrest you for that.

The Denver Police Department is circulating a brochure with tips for DNC protesters. Right at the top they explain, that regardless whether you think you’re in the right, if a police officer orders you to disperse, you must. Oh MUST you?

A law abiding citizen must obey a lawful order given you by an officer of the law. Do you sense what’s missing in their instruction?

The DPD has also issued instructions to its first responders to be on the lookout for protesters with maps and bikes which could be used to aid and abet demonstrators with violent intentions.

Get yourself caught up in their dragnet. Be detained. Then step right up into the line for the class action suit that will follow.

Less you feel like you’re gamaing the system, don’t worry, the lawsuit award has been budgeted. That’s been the pattern. Clear the streets, pay the legal claims against you. Until the penalty is really punitive, cities which face mass protests will continue to violate its citizen’s civil liberties.

Take the money. It may be the only instance where Homeland Security spending will go to the disadvantaged or you.

Police Liaison is double-edged handcuff

Large demonstrations such as planned at the DNC invite a basic need for crowd management. From any standpoint there is an inherent requirement to involve officer friendly. Pardon my sophomoric wonder about how this can be done with sufficient prudence.

The term Police Liaison is self-explanatory. In the context of an organized public demonstration, police liaisons channel communication between organizers and law enforcement commanders. If crowd behavior diverts from what was permitted, liaisons are the last chance for diplomacy before an escalation of violence.

This can serve both sides. A crowd could be steered away from trouble, in particular if someone has been tasked with the responsibility for their actions. As well, police over-reaction can be countermanded if police leaders are alerted to their subordinates’ misbehavior.

In a perfect scenario, liaisons facilitate a smooth, legal public action. But what if events develop imperfectly? i wonder what vulnerabilities are created by having named liaisons.

At minimum, liaisons have been personally introduced to police and vice versa. They are given the police commander’s telephone number, and likewise the police are able to contact the liaisons. But in what further ways does having the liaison telephone numbers benefit the police?

It’s not hard to imagine that a police department could justify getting permission to conduct surveillance on those contact numbers. The liaisons are self-avowed protest organizers, aiming only to conduct fully legal activities, activities which they’ll fully admit however are often out of their control. They should have no objections to serving as extra eyes for law enforcement, whose expressed interest is providing a safe secure environment for all. A FISA court would be hard pressed to oppose such preventive oversight. The liaisons have as much as volunteered. Surveillance could consist of monitoring phone calls, passive bugging of all activities within earshot of the discretely activated phone units, or of course, GPS tracking of liaison movements. Why not? It’s for the security of all concerned.

Alternately, and let’s presume the police department would only do this if crowd actions were heading south, the police could elect to round up the liaisons in a preemptory arrest, to severe what they perceive to be the leadership from the crowd of followers. Such a preemptive move could also be decided merely from early plan-making overheard from the eavesdropping.

It could be presumed that law enforcement is already monitoring the phones of activists whom they consider to be persons of interest. But those activists who volunteer to be police liaisons in effect offer up their responsibility for their compatriots’ actions. They represent themselves as authority sufficient to try to steer protests from trouble. Liaisons as much as formalize their participation in the outcomes that eventually develop.

Should some terrible illegal act be committed, be it real or a frame-up, have the liaisons bound themselves to subsequent conspiracy charges that an investigation would trace in order to declare guilty parties? Imagine if such acts were terrible enough to warrant calling the organizing body a terrorist entity. Would the formalized police liaisons be considered its de facto signatories? Whoever would imagine that peaceful protesters exercising their right to assemble to petition their government for redress of their grievances should fall under the scrutiny of the Department of Homeland Security?

LA police attack peaceful May Day rally

We are not alone in Colorado Springs of having a pattern of police abuse of citizens exercising their right to assemble peacefully. This Tuesday Los Angeles saw a police ambush of the predominantly Hispanic crowd during the May Day rally there.

See this youtube video for good footage of this May Day attack Also see Video as police go after cameraman and kick him to ground. And less one think that this police violence in LA is anything less than routine, then check out this video of the LA police in action in 2006.

However, there is city government condemnation in LA of what happened there May Day, unlike with how Colorado Spring’s city government is currently relating to how its police have acted in their attacks on peaceful citizens in events here.

150,000 march through downtown Chicago

2003 police over-reaction under-revisited

In March of 2003, as an invasion of Iraq loomed ever imminent, citizens of 800 cities worldwide mounted the largest peace rally in history. In Colorado Springs three thousand people assembled in Palmer Park to urge President Bush to chose diplomacy instead of war. The participants were peaceful, but the police incited frustrations by diverting traffic from Academy Boulevard which prevented drivers from seeing the anti-war banners and eventually used tear gas to prompt the crowd to disperse.

Colorado Springs was one of only two peace rallies in the world where police used tear gas that day. Many Springs families with small children were caught with no way to escape the gas. After a subsequent review, the CSPD admitted it had overreacted. As part of a legal settlement with the people they had arrested, the department agreed to host a public meeting to discuss matters of police conduct with respect to a citizen’s right to assemble peacefully. The meeting would involve a panel discussion on the issues and would be videotaped for public broadcast and for purposes of training incoming police officers. After four years of legal wrangling, the meeting is finally scheduled to happen this Friday, May 4th, at the Senior Center on Hancock and Uintah.

What an unfortunate coincidence that the arrests this Saint Patrick’s Day happened before Friday’s citizen-police meeting. As we are now well familiar, on March 17 at the annual parade, forty five permit-holding participants were prevented from carrying peace banners in the Saint Patrick’s Day parade. Ten of them were brutally removed and seven of those were arrested; I was among them. The police and parade organizers still admit no wrongdoing, but bystander videos and photographs captured the police display of excessive force.

In the aftermath of the arrests, the Pikes Peak Justice and Peace Commission has asked the Colorado Springs City Council to hold a public meeting to address police department policy with regard to what happened that day. As yet they’ve only agreed to meet in private, to acquaint themselves better with peace activists.

While we welcome a better acquaintance, the PPJPC is not interested in obtaining a permission slip to exercise our right to self expression. We are interested in every American’s natural rights and civil liberties. We hope to establish an understanding that our city police department will implement a policy to honor and respect those rights. For that purpose we are requesting a public meeting where Colorado Springs residents who were alarmed by the heavy handed law enforcement can voice concern and give their input. The meeting on Friday will only address the police misconduct of 2003.

The Saint Paddy’s Day Seven, as we are being called, currently face charges in Municipal Court for obstructing a public event. The American Civil Liberties Union has agreed to represent us because at play are violations of multiple amendment rights. The police use of illegal choke holds, menacing with a taser and reckless brutality causing physical injury fall under illegal search and seizure and citizenship rights.

We are called called the Seven but in reality we are the Saint Patrick’s Day Forty Five, because forty five of us were deprived our first amendment right to freedom of speech. The parade is described as a private event, but it is held on public property and is underwritten with public resources. “Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

We are called the Saint Patrick’s Day Seven, but we are in reality the Saint Patrick’s Day Forty Thousand, who saw that day the attempted abridgment of a fundamental American right. A right which Americans aspire to extend to all people of all nations. Many of us watching that day had no idea we would have to fight for that right here.