Police Abuse

UF study: One quarter of female drug offenders report experiencing police sexual misconduct

Published: December 12th, 2013
Category: Gender, Health, Research

GAINESVILLE, Fla. — A new University of Florida survey suggests that police misconduct against female drug offenders may be more pervasive than previously thought.

The survey of more than 300 St. Louis-area women who had been charged with substance-abuse violations found that 25 percent of the respondents reported experiencing police sexual misconduct in the form of trading sex for favors.


It is believed to be the first systematic study to assess sex trading between police officers and female offenders from the women’s perspective. The findings appear online ahead of print in the American Journal of Public Health.

“It’s important that the police force acknowledges that sexual misconduct may exist among the force, so that it can be stopped and eventually prevented,” said lead investigator Linda B. Cottler, a professor and chair of the department of epidemiology in the UF College of Public Health and Health Professions and the UF College of Medicine.

In 2009, 1.3 million American women were incarcerated or under correctional supervision, up from 600,000 in 1990, according to the Bureau of Justice Statistics. Previous research has shown that female offenders have higher rates than the general female population of physical or sexual abuse as a minor, childhood household dysfunction and adolescent pregnancy.

Data for the UF study on police sexual misconduct were gathered as part of the Sisters Teaching Options for Prevention, or STOP, project, led by Cottler while she was on the faculty at Washington University in St. Louis. Funded by the National Institute of Nursing Research, STOP was an HIV prevention study conducted from 2005 to 2008 to reduce high-risk substance abuse and sexual behaviors among women in drug courts. Prior to beginning the study, researchers conducted focus groups with women in a medium-security institution.

“During our conversations the women revealed that their sex partners included police officers and it wasn’t a long time ago, it was happening quite recently,” said Cottler, the associate dean for research and planning at the College of Public Health and Health Professions. “These focus groups formed the basis for the addition of a dozen or so questions that we inserted into our study questionnaire.”

The study involved 318 participants, age 18 or older, who were under the supervision of a probation or parole officer for a non-violent offense. Study recruiters were stationed in two St. Louis-area drug courts during dockets that included women charged with substance-related violations. The women completed surveys led by trained interviewers with information collected on demographics, drug-use history, psychiatric disorders, stressful life events and experiences with police sexual misconduct.

One quarter of study participants reported a lifetime history of police sexual misconduct. Of those women, 96 percent said they had sex with an officer on duty, and 24 percent reported having sex with an officer while the officer’s partner or another officer was present. Only half said they always used a condom with an officer. Fifty-four percent of the women said the officer offered favors in exchange for sex, such as to avoid arrest or being charged with a crime, and 87 percent said officers kept their promises. About one-third of the women who had experienced police sexual misconduct characterized the encounter as rape.

Women who were unemployed, had multiple arrests, adult antisocial personality and lifetime use of cocaine and opiates were at highest risk of trading sex with an officer.

The researchers stress that police sexual misconduct is likely perpetrated by a small number of officers and not by a large proportion of officers. They noted that because of the unequal distribution of power between an officer and a female offender, sex trading should never be considered consensual.

“This study is a call to action for law enforcement, and we need the law enforcement community to understand the vulnerability of women trying to change their high-risk behavior,” Cottler said. “We must have an open dialogue to address this issue through policies and trainings.”

Further research should look at the extent of police sexual misconduct among other populations, the researchers said.

Research reported in this news release was supported by the National Institute of Nursing Research of the National Institutes of Health under award number 1RO1–NR09180.

http://news.ufl.edu/2013/12/12/police-misconduct/
 
Protecting Killer Cops
Where’s the Body Count from Shootings by the Police?


by JAMES BOVARD
President Barack Obama, calling for new gun control legislation earlier this year, appealed to “all the Americans who are counting on us to keep them safe from harm.” He also declared, “If there is even one life we can save, we’ve got an obligation to try.” But some perils are not worth registering on Obama’s scorecard.

While the president frequently declaims on the dangers of privately-owned guns, his administration is scorning a mandate to track how many Americans are shot and killed each year by government agents. The same 1994 law that temporarily banned the sale of assault weapons also required the federal government to compile data on police shootings nationwide. However, neither the Justice Department nor most local police departments have bothered to tally such occurrences.

Instead, the Justice Department relied on the National Crime Survey of citizens to gauge the police use of force. But as Prof. James Fyfe, one of the nation’s foremost experts on police shootings, observed in 2001, that survey relies on “questions about how often the respondents have been subjected to police use of force. Since dead people can’t participate in such a survey, this work tells us nothing about how often police kill.”

Many police shootings involve self-defense against violent criminals or protection of people against dangerous culprits in the act of wreaking havoc. However, killings by police are not a negligible proportion of the nation’s firearms death toll. Shootings by police accounted for almost 10 percent of the homicides in Los Angeles County in 2010, according to the Los Angeles Times.

Jim Fisher, a former FBI agent and criminal law professor, compiled a database of police shootings and estimated that in the United States in 2011 police shot more than 1,100 people, killing 607. Fisher relied on the Internet to track the casualties, and the actual toll may be significantly higher. (Many police departments are secretive about their shootings and succeed in withholding either numbers or key details from the public.) Fisher’s numbers do not include cases of off-duty police who shoot acquaintances, such as the recent case of the married veteran D.C. policeman convicted of murdering his girlfriend and leaving their 11-month-old baby to die in an overheated SUV to avoid paying child support.

According to the FBI, 323 people were killed nationwide by rifles in 2011 — less than 4 percent of the total deaths by firearms. The official statistics are not broken down by the type of rifle, so it is impossible to know how many of the victims were slain with the type of weapons that Sen. Dianne Feinstein and presumably Obama classify as assault weapons. Nationwide, 10 percent of the killings with rifles were committed by law enforcement officers, according to the FBI. Ironically, the raw numbers of killings by police are tossed into the firearm-fatality totals that some politicians invoke to drum up support for confiscating privately owned guns.

Protecting killers

Not only do government agencies fail to track official violence against Americans; they also sometimes preemptively exonerate all such attacks. A 2001 Justice Department report, “Policing and Homicide, 1976–1998,” labeled everyone in the nation who perished as a result of a police shooting as “felons justifiably killed by police.” There were hundreds, if not thousands, of people shot unjustifiably by the police in those decades, but their innocence vanished in the flicker of a federal label. The Justice Department was so embarrassed by the report’s “lack of distinction between justifiable police shootings and murders, that it did not send out its usual promotional material announcing the report,” according to the New York Times.

The odds of an honest, thorough investigation of a police killing are the same as the odds that a politician’s campaign speech will be strictly assessed for perjury. At the state and local level the deck is often stacked to vindicate all police shootings. Police unions have strong- armed legislation that guarantees their members sweeping procedural advantages in any post-shooting investigation.

For instance, Maryland police are protected by a Law Enforcement Officers’ Bill of Rights that prohibits questioning a police officer for 10 days after any incident in which he or she used deadly force. “A lawyer or a police union official is always summoned to the scene of a shooting to make sure no one speaks to the officer who pulled the trigger,” the Washington Post noted in an exposé of the Prince George’s County, Maryland, police. “Between 1990 and 2001 Prince George’s police shot 122 people…. Almost half of those shot were unarmed, and many had committed no crime.”

Forty-seven people were killed by the P.G. police in that time. Among the shootings the P.G. police department ruled as justified: “An unarmed construction worker was shot in the back after he was detained in a fast-food restaurant. An unarmed suspect died in a fusillade of 66 bullets as he tried to flee in a car from police. A homeless man was shot when police mistook his portable radio for a gun. And an unarmed man was killed after he pulled off the road to relieve himself.”

The situation in Clark County, Nevada, which had one of the highest rates of police-committed homicides in the nation, is equally perverse. An excellent Las Vegas Review-Journal series in late 2011 noted, “In 142 fatal police shootings in the Las Vegas Valley over a little more than the past 20 years, no coroner’s jury has returned a ruling adverse to police.” But that nonconviction rate actually convicts the entire system. “The deck is stacked in favor of police well before the case gets to the [coroner’s] jurors. That’s because the ‘neutral arbiter of the facts’ is the deputy district attorney who already believes that no crime has been committed. In a comparison of inquest transcripts, evidence files, and police reports dating to 1990, the Review-Journal found that prosecutors commonly act more like defense attorneys, shaping inquest presentations to cast officers in the most positive light.”

Another problem is that, as Nevada lawyer Brent Bryson observed, “Frequently in fatal shootings, you just have officers’ testimony and no other witnesses. And most people just don’t want to believe that a police officer would behave wrongly.”

Investigations of shootings by police in Las Vegas were stymied in 2010 and 2011 because “police unions balked at inquest reforms, first by advising members not to testify at the hearings and then helping officers file a lawsuit challenging the new system’s constitutionality,” according to the Review-Journal. Las Vegas is so deferential to police that, in cases “where an officer shoots but only wounds or misses entirely … the district attorney looks at the case only if the shooting subject is being prosecuted,” the Review-Journal noted.

Federal cops

Federal agents who kill Americans enjoy similar legal privileges. The Justice Department’s view of the untouchability of federal lawmen is clear from its action in the Idaho trial of FBI sniper Lon Horiuchi. Horiuchi gained renown in 1992 after he shot and killed 42-year-old Vicki Weaver as she stood in the door of her cabin holding her 10-month-old baby. Horiuchi had shot her husband in the back moments earlier, though Randy Weaver posed no threat to federal agents at the time. The FBI initially labeled its Ruby Ridge operation a big success and indicated Vicki Weaver was a fair target; later the agency claimed that her killing was accidental.

Boundary County, Idaho, prosecutor Denise Woodbury filed manslaughter charges against Horiuchi in 1997. FBI Director Louis Freeh was outraged that a local court would attempt to hold an FBI agent legally responsible for the killing. He declared that Horiuchi had an “exemplary record” and was “an outstanding agent and continues to have my total support and confidence.” Freeh added, “The FBI is doing everything within its power to ensure [Horiuchi] is defended to the full extent and that his rights as a federal law-enforcement officer are fully protected.” Justice Department lawyers persuaded a judge to move Horiuchi’s case from a state court to a federal court, where federal agencies have far more procedural advantages. Although a confidential Justice Department report concluded that Horiuchi acted unconstitutionally, Justice Department lawyers argued vigorously that he was exempt from any state or local prosecution because he was carrying out federal orders at the time he gunned Vicki Weaver down.

Federal judge Edward Lodge found in 1998 that the state of Idaho could not prosecute Horiuchi for the killing, in a ruling focusing on Horiuchi’s “subjective beliefs”: As long as Horiuchi supposedly did not believe he was violating anyone’s rights or acting wrongfully, then he could not be tried.

The judge blamed Vicki Weaver for her own death, ruling that “it would be objectively reasonable for Mr. Horiuchi to believe that one would not expect a mother to place herself and her baby behind an open door outside the cabin after a shot had been fired and her husband had called out that he had been hit.” Thus, if an FBI agent wrongfully shoots one family member, the government somehow becomes entitled to slay the rest of the family unless they run and hide.

The greater the automatic presumption that government shootings are justified, the more arbitrary power police will have over Americans. And this growing sense of legal inferiority to officialdom will naturally make gun owners ever more attached to their own firearms. According to Obama and other anti-gun politicians, this is simply evidence of paranoia — and another reason to take away people’s guns before they do harm.

The federal government has no credibility condemning vast numbers of private gun owners as long as it refuses to compile the casualty count from government agents. Washington has deluged state and local law-enforcement agencies with billions of dollars in aid in recent years but will not even ask the recipients for honest body counts. No amount of political tub-thumping can change the fact that Americans are far more likely to be killed by police than by assault weapons.

James Bovard, a policy advisor to the Future of Freedom Foundation, is the author of author of Public Policy Hooligan, Attention Deficit Democracy, The Bush Betrayal, Terrorism and Tyranny, and other books. On Twitter – @jimbovard

http://www.counterpunch.org/2013/12/12/wheres-the-body-count-from-shootings-by-the-police/
 
The Whack ‘Em and Stack ‘Em Mentality of American Cops

by JEFFREY ST. CLAIR and ALEXANDER COCKBURN
Police work continues to be a relatively safe occupation. In the 1970s, an average of 220 officers died each year. In the 1980s, 185 officers were killed on average, with the average number dropping to 155 in the 1990s. The number of police deaths continues to decline, year by year. According to the publication Officer Down, there were only 95 “duty related” officer deaths in 2013. Forty-two of these fatalities were vehicle related. Another 14 deaths resulted from heart attacks while on the clock. Only 27 cops died from gunfire last year and several of those were shot by other cops.

Craig Floyd, chairman of the National Law Enforcement Officers Memorial Fund, contends that “law enforcement remains the most dangerous occupation in America today, and those who serve and make the ultimate sacrifice are true portraits in courage.”

This is nonsense. Compared to the daily perils of being a retail clerk in a 7-Eleven or toiling on a construction site, let alone working on a trawler in the Gulf of Alaska, logging in the Pacific Northwest or working in a deep mine, policing is a fairly invulnerable trade.

But as vividly recounted by James Bovard in a piece for CounterPunch this week, it has probably never been riskier to be pulled over by a cop on one of America’s roads. Bovard writes:

“Killings by police are not a negligible proportion of the nation’s firearms death toll. Shootings by police accounted for almost 10 percent of the homicides in Los Angeles County in 2010, according to the Los Angeles Times.

“Jim Fisher, a former FBI agent and criminal law professor, compiled a database of police shootings and estimated that in the United States in 2011 police shot more than 1,100 people, killing 607.”

The public apprehension that cops are often borderline psychotic, hair-trigger-ready to open fire on the slightest pretext, virtually immune from serious sanction, is growing apace, fueled by such incidents as the dog slaughter on an interstate in Tennessee. CNN featured grainy film of the episode taken from one of the police cruisers.

James Smoak plus wife Pamela and son Brandon were traveling from Nashville along Interstate 40 to their Saluda, NC, home on New Year’s Day when they noticed a trooper following them. In Cookeville, about 90 miles east of Nashville, the Smoaks were pulled over by the trooper and three local police cars. The cops ordered them out of the car, made them kneel and then handcuffed them.

At this point the Smoaks family implored the police to shut the doors of their car so the two family dogs couldn’t jump out. The cops did nothing. Out hopped Patton the bulldog. A cop promptly raised his shotgun and blew its head off, amid the horrified screams of the Smoaks family.

Of course, the cops later said Patton was acting in a threatening manner and that the uniformed shot-gunner “took the only action he could to protect himself and gain control of the situation,” but the film seems to show Patton wagging his tail the moment before he was blown away.

Why were the Smoaks stopped by the four-car posse? Mr. Smoaks had left his wallet on the roof of his car at the filling station, and someone phoned in a report that he’d seen the wallet fly off of a car and fall onto the highway with money spilling out. Well, Mr. Smoaks won’t make that silly mistake again.

Scroll through some Middle America websites and you’ll find much fury about what happened to Patton, as an episode ripely indicative of how cops carry on these days. Here’s “Police State in Progress,” by Dorothy Anne Seese writing in the sparky Sierra Times. The Times bills itself as “An Internet Publication for Real Americans.”

After relating the death of Patton, Seese brought up other recent police rampages:

“A couple of months ago, a woman was shot to death in her car at a drive-through Walgreens pharmacy for trying to get Soma by a forged prescription. The officer who shot the woman—who had a 14-month old baby with her in the car—claimed self-defense because the woman was trying to run over him. However, the medical examiner found she had been shot from an angle to the left and rear of her position in the driver’s seat. Self defense? The officer is under investigation for second-degree murder and has been fired from the Chandler police department. However, a child is motherless, a man has been deprived of his wife and companion, the mother of his child, because his wife tried to get a drug with a phony prescription. Florida Governor Jeb Bush’s daughter did the same thing and got a slap on the wrist. It seems the law now considers everyone guilty until proven innocent, with people in high places excepted. The number of horror stories increases daily in Amerika.”

There was a time when “Amerika” was a word solely in left currency. Not anymore, if the conservative, populist Sierra Times is any guide. Check out its Whack’em & Stack’em feature about killings by cops and you’ll sense the temperature of outrage.

This is a revised version of a story that originally ran in the January 2003 print edition of CounterPunch.

http://www.counterpunch.org/2013/12/13/the-whack-em-and-stack-em-mentality-of-american-cops/




Link to the Whack 'em and Stack 'em White Papers.
Sierra Times Classic- The Whack & Stack White Paper

Posted by johnjacobh on July 1, 2008
Yes, I FOUND it! The Sierra Times Whack & Stack White Paper by publisher and editor JJ Johnson.

Just as relevant today as it was when written seven years ago.

Complete Link:

http://web.archive.org/web/20010828203531/www.sierratimes.com/archive/files/aug/23/arws082301.htm

Update May 3, 2009. Here are archives of the Whack & Stack Incidents documented by Sierra Times:

http://web.archive.org/web/*/http://www.sierratimes.com/03/whackstack.php

Tantalizing excerpt:

The Whack’em & Stack’em White Paper
News Analysis by J.J. Johnson
Sierra Times 08.23.01

Since publishing yesterday’s Whack’em& Stack’em, Sierra Times has received many inquiries from folks, some wanting to know, “exactly what IS a Whack’em & Stack’em?”

Let us explain.

This is a term created here at Sierra Times to identify the ‘always justifiable’ law enforcement homicide, or fatal police shooting. The “whack” means to “kill”, and the “stack” means to just keep counting the bodies, and thanking the Good Lord that even though more people die in the country each year via cop bullets than in Russia, we can sleep easy knowing there is always a “good reason” for killing someone.

What we find so fascinating about this lethal art is the methods the justifications for whack & stacks are laid out to the public, and how. Of course, there is always a good reason, including the generic, “the officer(s) thought his/their life was in danger”. We have learned that this usually works as a catch all when ever a whack & stack is reported. In this whack & stack White Paper, we will use one of our most recent stories, and show you some things to look out for whenever there is a whack & stack in your neck of the woods. (Article in red; our analysis in black)

Update: Be sure to visit the Traffic Stop and Police Encounter Tutorial CLICK HERE

The Complete Column in Pictures:

http://johnjacobh.wordpress.com/2008/07/01/sierra-times-classic-the-whack-stack-white-paper/
 
If I post this thread on another forum, will guests be able to view it?

I honestly don't know. Should be in General Politics as far as I am concerned. Politics must have an enforcement arm so I do not know how the two could be separated.
 
I honestly don't know. Should be in General Politics as far as I am concerned. Politics must have an enforcement arm so I do not know how the two could be separated.

A couple of apologists made a racket about the "cop bashing" and these threads got sent to the dungeon.
 
x-posted upon request:

Step right up, place your bets......how many want to bet that charges will be filed against the offending pig? Nobody? Nobody? C'mon, surely someone on the forum still believes in cops...

Woman dies after errant shot during raid

CHILLICOTHE, Ohio — A 35-year-old Ross County woman is dead after she was shot in the head during a raid Wednesday on U.S. 23, and it appears the shot was fired from the weapon of a law enforcement officer, Ross County Prosecutor Matt Schmidt said Thursday.

The dead woman is 35-year-old Krystal Barrows, who was inside the home at 467 U.S. 23 South in Ross County when the U.S. 23 Task Force entered at about 10:30 p.m. Wednesday. Schmidt confirmed the death to the Gazette late Thursday.
Schmidt said the round was not intentionally fired (Is that a rug being lifted? Why, yes, yes it is!), and it’s unclear whether the gunfire was the result of a weapon malfunction or user error. He stressed that he was not at the scene and is not a spokesman for the Ross County Sheriff’s Office, but he does serve as its legal counsel.

Schmidt said it doesn’t appear any shots were fired at law enforcement officers from inside the home.

Barrows was shot in the head, according to Schmidt. She was taken from the scene by a medical helicopter, according to sheriff’s office spokesman, Lt. Mike Preston..
Six people were charged during the raid; two others were detained and questioned before being released. A total of 11 people, including a juvenile female, were inside the mobile home when the U.S. 23 Task Force arrived to serve the warrant.
According to a sheriff’s office news release, task force officers found “large amounts of heroin,” multiple guns, including pistols and assault rifles, a large sum of cash, drug abuse instruments and numerous items that task force officials say were likely stolen goods. No details on the seized items were given in the release.
Preston declined comment on the incident beyond what was mentioned in the news release. Sheriff George Lavender also was unavailable for comment.
The release said the raid was the culmination of a “lengthy and ongoing investigation by the sheriff’s office and the task force.”
Pursuant to policy, Lavender called the Bureau of Criminal Investigation to investigate the raid and what prompted the gunfire, Schmidt said.
“We’re relying heavily on BCI,” Schmidt said.
Multiple task force members were armed at the time of the raid, and all of their weapons have been seized so they can be analyzed to help determine who fired the shot, he said.
Six people were arrested during the raid:
• Rodney Tackett, 32, warrant from Pickaway County. A search of online court records for both the Pickaway County Common Pleas Court and Circleville Municipal Court found no information on a warrant for Tackett.
• Rodney Fyffe, 27, warrant from Pike County.
• Kaitlin Landrum, 24, warrant charging misdemeanor receiving stolen property from Chillicothe Municipal Court. She pleaded not guilty to the charge in court Thursday and was released on bond.
• Arnold Haney, 30, charged with felony possession of drug abuse instruments and a felony warrant out of Indiana
• Jason Hall, 34, warrant from Pike County.
• Ashley Rowley, 23, charged with endangering children. She pleaded not guilty to the charge — which court records list as a misdemeanor — Thursday and was released on bond.
In addition, the juvenile girl was released to her grandparents after Children’s Services was notified.
http://www.mansfieldnewsjournal.com/...ot-during-raid

Feel free to comment at the newspaper site. Here is mine:

Think the prosecutor will seek the death penalty against the offending pig? LOL....not a chance. It is unlikely that any charges at all will be filed. After all, it has already been pronounced "unintentional". May these corrupt pigs and their prosecutor buddy never in their life get another night's sleep for fear one or more of her friends or family members will seek justice.

edit: Notice how the pigs in the raid did not even arrest the shooter?

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Update.

The newspaper censored my comment on the original article and has now posted an update:

Sergeant placed on leave after fatal shooting

Sheriff: 'I absolutely believe this was an accidental shot'


CHILLICOTHE — A Ross County Sheriff’s Office sergeant is on paid administrative leave after a shooting that left a local woman dead.

Sgt. Brett McKnight, an 11-year-veteran with the department who recently was promoted, has been placed on leave while the Bureau of Criminal Identification and Investigation continues its investigation, Sheriff George Lavender told media Friday.
Lavender also has asked the Buckeye State Sheriff’s Association to do an internal investigation, specifically to take a look at training and policies and procedures.
The investigations come after Krystal Barrows, 35, was shot in the head while a search warrant was being served at 10:30 p.m. Wednesday at 467 U.S. 23. She died Thursday night in a Columbus hospital.
Lavender, who at times was visibly emotional, expressed condolences to Barrows’ family and explained his office and McKnight also are grieving about what happened. A counselor has met with his deputies as well as the Rev. Steve Schmidt, who has been appointed to act as a liaison between the sheriff’s office and Barrows’ family.

Lavender referred to McKnight as a “highly respected officer” and good employee who is “very straight-forward in what his beliefs are, his appearance, the way he conducts himself, the job he does.”
Lavender said McKnight has had additional training, like other members of the special response team. That includes tactical training with the North American Tactical Association Training, firearms simulator training with the Attorney General’s Office, and extra hours at the firing range each month.
During the BCI investigation, Lavender said it was discovered a bullet had accidentally been discharged from outside the door of the trailer, struck the door frame and went through the house toward the couch.

Lavender, who was at the scene, said he never heard an independent gun shot and believes McKnight’s gun fired as a second flash bang detonated just inside the front door.

“I absolutely believe this was an accidental shot. I really believe that the deputy that accidentally discharged his weapon was not aware of it at the time. You know, these are very emotional, high-stress situations. They’re going into a situation where they feel they could be shot and adrenaline is very high, emotions are very high,” Lavender said.
Lavender explained that as flash bangs detonate, a strong reverberation is felt, and he believes McKnight did not realize his weapon discharged.
At first they thought the flash bang might have caused pieces of a kerosene heater to strike Barrows, but then found a shell casing outside. At that point, Lavender said the guns used by the officers in the service of the warrant were secured and BCI was contacted.
As deputies went to the home to serve the warrant, they were armed with information that alleged a large amount of heroin was being sold from the home, that there were several weapons inside and that there was a guard at the front door with a rifle, Lavender said.
“Anytime someone is possibly loaded inside waiting for officers, it’s just like the military. Those people in the military fear for their lives, I’m sure my people do, too. I’ve been on the front line. It is dangerous, and you do have a sense of you have to protect yourself, but you’ve got to do what’s right,” Lavender said.

The sheriff’s office was back at the home Friday to continue processing it for evidence relating to the search warrant. In addition to the discovery of a large amount of suspect heroin, cash and guns, Lavender said they also have recovered a large amount of stolen items.
The shooting comes in the first months of an increased drug enforcement effort by the sheriff’s office they’ve called Stop Trafficking or Pay the Price (STOPP). Although shaken up by the shooting, Lavender said his office will continue its efforts and take into account any suggestions provided through the Buckeye State Sheriff’s Association.
“We started the STOPP initiative and we’ve got to continue with that. We have traffickers poisoning our children along with our adults,” Lavender said. “So many families have family members touched by drugs, and they’re not bad people. These users aren’t bad people. They’re addicted. This is a sickness like people (don’t) realize.”

“It’s not easy to get over. It’s not easy to deal with that. When people will go out and steal from their own parents, it shows you how bad it is. We have to separate the traffickers, of course, from the users ...I think we need more treatment centers. We need to get the users into treatment centers and get them away from this addiction that’s killing them.”
“My condolences are to the family. I can’t begin to think of how they are saddened, and we are saddened, too, because we did something and that has happened, but we also have people dying of drug overdose every day and if we fail to continue to do the enforcement effort, I think we’re failing this community in what we’re supposed to be doing."

http://www.mansfieldnewsjournal.com/...fatal-shooting


I commented:

How about at least some manslaughter charges against McKnight? And change department policy to end this stupid drug war and these ill-conceived raids. If people are stupid enough to do drugs, it should be their business. America is SUPPOSED to the land of the free, and that should include the freedom to be an idiot. Contrary to what Lavender thinks, he does NOT have the moral authority to INITIATE violence against anyone.

I'd bet with almost 100% certainly McKnight had his finger on the trigger and flinched when the flash grenade went off. Having your finger on the trigger before you have acquired a target is NOT the mark of an experienced marksman, it is a completely amateur mistake that comes from lack of training and the resulting muscle memory.

We'll see if it stays....
 
This is a rather long read but well worth it.

DM-TO-coverV2aug13-366x475.jpg


The Horror Every Day: Police Brutality In Houston Goes Unpunished

This story is the second in a two-part investigation into lack of accountability in the Houston Police Department. Read part one, “Crimes Unpunished,” originally published in the July issue of the Observer.

Sebastian Prevot watched helplessly as three police officers advanced on his wife. Prevot was handcuffed and bleeding in the back of a cop car. Half of his left ear dangled where it had been torn from his head. The Houston Police Department doesn’t deny that its officers gave Prevot these injuries during a late-night arrest in January 2012. The only dispute is whether he earned them.

Prevot had been returning home from a night out with a friend. He was two miles from his house when he stopped just past the white line at a four-way stop sign. Two officers in a patrol car tried to pull him over, but he kept driving. Prevot says he didn’t want to pull over and continued home—“going the speed limit, stopping at every stop sign”—because he knew he was about to be detained and have his car impounded.

“My kids had to go to school in the morning,” he told me. “My wife had to go to work.”

Prevot sits across from me in a noisy McDonald’s at dusk. He’s 30, married, with three little boys. In 2009 Prevot was one semester away from getting his bachelor’s degree in marketing when his wife, Annika Lewis, was promoted at her job with AT&T, and the family moved to Houston from Lafayette, Louisiana. Now he takes care of his sons, ages 7, 5, and 4, coaches youth sports and looks for work. His left ear still bears a crosshatching of paler brown where an emergency room doctor stitched it up on January 27, 2012, the night he should have stopped.

I ask Prevot why he anticipated trouble if all he’d done was roll past the line at a stop sign. He looks at me like I’m crazy.

“Obviously, it’s three in the morning,” he says, “so they’re gonna find something. Besides, the inspection sticker on my car was bad.”

Prevot didn’t say he expected to be arrested because he is black, but racial profiling is common. In 2012, almost half the Houstonians arrested during traffic stops were African-Americans, though they make up less than a quarter of the city’s population. Houston Police Department statistics show that white drivers are more likely than black drivers to be carrying contraband, but according to HPD’s annual report on racial profiling—which concludes, “The analysis provides no evidence that officers of the Houston Police Department engage in racial profiling”—officers performed “consent searches” on black drivers in 2012 more than four times as often as on white drivers. A consent search is specifically one made without probable cause.

“When they put those lights on,” Prevot says, “I automatically knew I was going to jail.”

Prevot also kept driving because he was scared. “I mean, I saw the cops,” he says. “I’m from Louisiana, and it was two white boys in the car in a dark area. I wasn’t about to stop nowhere close to there.”

“What were you afraid of?” I ask.

“Getting beat up,” he says. “The same thing that happened.”


As Prevot drove, more police cruisers joined the slow pursuit. By the time he arrived at his house, he estimates 10 cars had him surrounded.

“When I pulled in right in front of my driveway, I got out, hands in the air,” Prevot says. “They already had guns drawn on me. Then they put those up and attacked. From there, they was just beatin’ the bricks off me.”

What Prevot describes isn’t rare in Houston. According to citizens, community activists, a veteran Houston police officer and even the president of the local police union, the scenario of multiple officers beating an unarmed suspect happens nearly every day.

What’s rare is for the Houston Police Department to punish its officers for excessive force. An eight-month Texas Observer investigation found that during the past six years, Houston civilians reported officers for “use of force”—the department’s term for police brutality—588 times. The Internal Affairs division investigated each complaint and dismissed all but four.

More surprisingly, HPD rarely believes even its own officers when they claim to have witnessed unjustified violence against citizens. In the same period, Houston cops reported other officers for excessive force 118 times. Internal Affairs dismissed all but 11
.

In total, Internal Affairs sustained just 15—or 2 percent—of the 706 police abuse complaints the past six years, according to department records the Observer obtained through public information requests.

In at least 10 of the 15 sustained complaints, the incident was videotaped. Many say—and internal documents suggest—that videotaped beatings have prompted Houston cops to aggressively prevent citizens from recording their behavior.

But beatings take time. They make noise. Witnesses can gather and start filming. Shootings, on the other hand, are fast. They’re usually over as quickly as they begin, which may be one reason why, in the past six years, not a single Houston police officer has been disciplined for shooting someone.

Between 2007 and 2012, HPD officers were involved in 550 incidents in which either a citizen or animal was injured or killed by a police officer’s bullet, according to agency records.

Internal Affairs investigated each incident and determined that every single shooting was justified.


Some of these civilians were armed. Others weren’t. Mark Ames, 23, was unarmed and fleeing when he was shot and injured. Yoanis Vera, 26, was also unarmed when he was wounded. Kenneth Releford was unarmed, but HPD says he charged at an officer while keeping one hand behind his back. Releford, 38, was killed. All of those cases are from 2012.

Another citizen killed by HPD in 2012 was a wheelchair-bound man. Brian Claunch was mentally ill and had only one arm and one leg. Claunch was shot because he allegedly threatened an officer with a ballpoint pen.

Out of 706 complaints about excessive force, HPD disciplined only 15 officers. For 550 shootings, HPD disciplined none. The message is clear: Either Houston police almost never abuse their power, or they abuse it with impunity.


Prevot says after he surrendered, one officer “tackled me into my [car] door and threw me to the ground in the middle of the street. From there, all of them rushed me and started coming to beat me. Hit me with a stick, twisting my ankle in back. While the rest of them were beating me, there’s one in the back twisting my ankle the whole time. Tore tendons and everything. I still go to the doctor for that.

“One will get a lick in and another will get a lick in. It was many, many, many licks. Like, two officers tried to kick me—” his hand hovers over the table and he looks embarrassed—“in the gonads. And I’m out there yelling loud. I guess my wife finally heard me. She came outside with her camera phone. The whole time, they’re yelling, ‘Put your hands behind your back! Put your hands behind your back!’ But they’re standing on my hands. I’m trying to get them to the back like they’re telling me to, but they’re not allowing me. So meanwhile, they continue to whup the shit out of me.”


Jimmy reads the transcript of my conversation with Prevot quietly. Jimmy—not his real name—is a white man, has been an officer with the Houston Police Department for more than 10 years, and doesn’t want to disclose any more than that. He’s disturbed by what he describes as a culture of brutality and racism at HPD but says it’s not safe to criticize the department openly.

Jimmy reads as far as the beating and looks up. “Sounds about right,” he says. “Adrenaline dump, everybody’s chasing him, they all come piling after him. They tackle him, everybody gets their licks in and they put handcuffs on him. That makes sense. Whupping somebody that just ran, that’s like an everyday occurrence. Hell, I’d be surprised if they didn’t.”

I ask Jimmy if it’s plausible that cops would prevent a suspect from complying and putting his hands behind his back. “Yeah,” he says. “I don’t know that it’s normal, and I don’t even know that it’s necessarily deliberate. Could be bad communication. But it’s not exactly innocent either. Cops are starting to learn to perform for the camera. So they know that, like, maybe you can’t see all the details of exactly what’s going on in the scuffle, but if they’re yelling out things like, ‘Give me your hands,’ then it sure looks better after the fact.”

Handcuffing, Jimmy says, “may or may not bring it to a stop. Generally speaking, that’s the sort of limit, when you put the handcuffs on. But even then, it’s not…”

Jimmy trails off. Although we’ve talked many times over several months, he still occasionally seems surprised at what he is about to say. “It’s just, not everybody is necessarily done just because you’ve got the handcuffs on. People will typically stop at that point, but I have heard officers running up to a fight yelling, ‘Don’t put the handcuffs on yet!’ They want to get their licks in.”


“My wife caught all this on camera,” Prevot says. “So by that time, the guy twisting my ankle gave it a final twist.” Prevot mimes wrenching. “And he dropped my foot. The other guys kinda laid off. Then they were like, ‘Get up! Get up!’ And I told them, ‘I can’t get up!’ You know, I’m crying. So they picked me up. They got me in the cuffs now. They put me in the back of this car, and they go over to see what’s going on with my wife. In the back of this car, I could see everything that’s going on.

“Well, I’m looking at them going at my wife. She’s still got her phone. She’s in her own yard. She’s not nowhere near the streets. She’s not interfering or anything, she’s just recording what’s going on. I guess when they seen she was recording them, those three guys, they came behind her and they attacked her. One of them tried to grab the phone out of her hand. She wouldn’t let go, so they twisted her arm behind her and punched her a couple of times. They did her pretty bad. And she’s real short, real petite, like 4 [foot] 11, and at that time maybe 101 or 98 [pounds].

“They got the phone from her, cuffed her up, and put her in a car. They took the phone and took it all the way apart. She had an HTC Evo, and it’s not easy to get the memory card out of the back. They were there for about 10, 15 minutes trying to get it open. Took them a good while.”

Less than two weeks after Prevot’s arrest, the Houston Police Department distributed a memo reminding officers that “citizens have a right to photograph, record, or videotape officers while officers are doing their job. … Officers are further reminded not to initiate an investigative detention or ask for identification merely because a citizen is photographing or recording an officer.”

The memo adds, “If an officer believes a videotape or photograph may contain evidence of a crime, the officer shall consult with the District Attorney’s office to determine if a search warrant is needed to either seize the video or view the contents on the device in question.”

Jimmy says the last bit—don’t take someone’s phone without permission and a reason—is in response to a new tactic cops are using to fight citizen surveillance.

“Are you familiar with the drunk lawyer phenomenon?” Jimmy asks. “Like when you’re at the bar and your friend is giving you crazy legal advice about how to avoid DWI, and it has nothing to do with real law? Well, cops play that game, too, except it’s new ways to prevent people from recording us. Like now they’ll say, ‘Oh, that’s evidence’ and confiscate the phone and tag it into the property room for 18 months.” Jimmy says even if a phone does contain evidence of a crime, the department has equipment that can quickly copy its contents. “There’s no need to sit on it for a year and a half,” he says. “It’s purely punitive.”

But that depends on how you define “need.” The officers who arrested Prevot might have needed to take Annika’s phone to keep their jobs.

In 2011, local news station ABC-13 KTRK aired security camera footage of a dozen HPD officers punching and kicking an unarmed 15-year-old burglary suspect named Chad Holley. The video sparked outrage. National news outlets aired it and community organizers rallied around it as proof that Houston police officers abuse their power. Even the chief of police, Charles McClelland, said publicly that the video “made me sick to my stomach because it was an egregious use of force.”

Twelve officers were disciplined for the Chad Holley beating, seven of whom were fired. Three of those later got their jobs back through arbitration. (For more on HPD’s flawed discipline system, see “Crimes Unpunished,” in the Observer’s July issue.) Four of the fired officers were also indicted for misdemeanor official oppression. One was found not guilty—an all-white jury decided in May 2012 that Andrew Blomberg was not stomping on Holley’s hands but was trying to lift them with the back of his foot—one was found guilty and the other two pleaded no contest. All three received probation.

To Ray Hunt, president of the Houston Police Officers’ Union, those former cops are the real victims. “If Chad Holley had been in school and not burglarizing a house,” he told me, “those officers would still be in this department.”

I asked Hunt how often the Chad Holley scenario—one suspect, multiple officers and “a question about force”—happens.

Hunt, who was a Houston patrol officer for 18 years, replied, “That happens a lot. And I can tell you—myself, two paramedics, my old partner and another police officer were in a similar type thing with a 78-year-old woman on a scene one time. And if that had been videotaped, I can only imagine what people would have thought we were doing to this person. All’s we were trying to do was make sure that her knife was gone and she was handcuffed. … But yeah, a lot of times, when you’ve got a citizen that’s fighting with officers, it may take seven, eight, nine officers to subdue that person. The adrenaline’s going, and it can be bad.”

I asked, “Was the only difference between the Chad Holley scene and scenes that go on all the time that there just happened to be video?”

“Um, I think video is a lot,” Hunt said. Then he seemed to hear himself. “Let me clarify something. I would not say that you’ve got scenes going on all the time that you’ve got persons who are kicking or hitting suspects. I will say you’ve got situations a lot of times out there where you’ve got six or seven officers trying to handcuff a suspect. … Is it ever appropriate to kick or strike a suspect? Absolutely. … Is it ever appropriate to kick or hit a suspect who’s handcuffed and not resisting? Absolutely not.”

Hunt continued, “So then the question is, on Chad Holley’s situation, was he resisting or not? Is it resisting to say, ‘Put your hands behind your back’ and he has them here?” Hunt placed his hands above his head, as Holley did when he was face-down in the grass on the video. “He thinks he’s complying. The officer doesn’t think he’s complying.”

The Houston Police Department’s general orders governing use of force specify, “The circumstances justifying the initial use of force may change during the course of an event. It is the duty of all employees to constantly assess the situation and adjust the use of force accordingly.” But that’s exactly what Hunt says doesn’t happen during an event like Holley’s arrest.

“When that first person runs in,” Hunt says, “it’s very difficult for an officer to stand back and go, ‘Well, hang on, let me think of the penal code…’ You automatically assumed that that person was justified in going in whenever you go in and follow.”

Jimmy agrees. “You’ve got that groupthink going on. All it takes is for one officer to break ranks and go running up there and everybody else is like, ‘Well, I’m not gonna let him run up there by himself.’ There’s a lot of trusting each other’s judgment calls on that sort of stuff and the net result is a lot of piling on. One guy makes a bad call and everybody just goes for it.”

Hunt says this piling on isn’t just automatic—it’s obligatory. Of Holley’s arrest, Hunt said, “If anybody was standing there on the scene when you’re trying to get a felon into custody, I would question that person’s integrity to be a police officer.”

Hunt added, “I want to make sure I’m not quoted as saying we have situations all the time where we’ve got a situation exactly like Chad Holley where he’s being struck both with hands and being kicked. But I’m saying that a lot of times, you’ve got multiple officers trying to subdue a suspect.”

Video, as Ray Hunt said, is a lot. In many cases, the presence of video appears to determine whether a use-of-force complaint is sustained or dismissed.

One jail attendant, Roy Ferrer, had four complaints about use of force dismissed before cameras caught him seizing a handcuffed prisoner by the throat, forcing him to the ground, and kneeing him in the kidneys. That complaint was sustained. Ferrer received a 15-day suspension, according to department records.

Adam Anweiler received two excessive force complaints within a year of each other shortly after joining the Houston Police Department as a jailer; both were dismissed. Then a surveillance camera recorded Anweiler striking a prisoner in the groin, slamming the man’s face into the concrete, and twisting his arm until his shoulder dislocated and his arm broke. Anweiler was fired.

His supervisor, Captain Douglas Perry Jr., was also disciplined. After an employee reported Anweiler’s assault, Perry sent a letter to his superiors stating, “I have completed a thorough review of this incident that included reviewing all relevant documents and watching the video…” and “I’m confident that all Jail Policies were followed and no further actions [sic] is needed.”

Internal Affairs disagreed. When investigators asked Perry why he hadn’t reported the abuse, he claimed the lieutenant with whom he watched the video had “somehow skipped over the portions” that included the beating, according to HPD records. He was suspended seven days.

Officer Angela Horton was simply unlucky. Unaware that she was being filmed by a news helicopter, Horton sucker-punched a handcuffed teenager in the face as another officer led him away. In her official statement, Horton claimed she did not punch the teen but merely pushed his face. “Because the suspect was sweating profusely from trying to elude us,” she wrote, “…my hand slid off of his face.” Horton lost her job.

Through open records requests, the Observer obtained documentation on 11 of the 15 complaints about use of force sustained in the last six years. All but one of those incidents were recorded.

Jimmy, the HPD officer, says this isn’t a coincidence. Without video, he says, excessive force complaints go nowhere. “I’m having a hard time conceiving of any situation in which witness testimony would outweigh the testimony of officers on the scene,” he says. “You could almost have a busload of nuns come by and watch the whole thing, and Internal Affairs could still figure out a way to make it not sustained. They would say, ‘Oh, we don’t really know for sure. You know, the position they were sitting in, the distance they were away, they didn’t really see the full context of what happened.’”

Perhaps the most distressing part is not how many complaints about excessive force the Houston Police Department receives or how few it sustains, but what happens to all the ones they dismiss.

If a complaint is not sustained, it disappears. The complaint, and its investigation, can’t be reviewed by anyone outside HPD or another qualified government agency. Even with all identifying information redacted, members of the public can’t read what a complainant, witness, or officer said about an incident.

That’s because Texas’ Local Government Code allows Houston and other large cities to withhold information about a “charge of misconduct … not supported by sufficient evidence.” Because Internal Affairs decides what constitutes sufficient evidence, Jimmy says, the department has total latitude in cases that don’t involve, for example, publicly broadcast video of an incident.

With full control, Jimmy says, “If you want something to come out a particular way, you can contort the evidence to make an argument for that.”

One of the ways HPD justifies keeping all un-sustained complaints secret is by pointing to the Independent Police Oversight Board. The board comprises four panels of citizens who review every serious or criminal complaint against Houston officers and every allegation of citizen mistreatment. After an investigation is complete, HPD makes the file available to one of the four oversight board panels, which meets to discuss the case. If the panel finds something lacking in the investigation or disagrees with the conclusion, it sends the case back to Internal Affairs, which is required to issue a response.

But that’s the end of it. The Independent Police Oversight Board doesn’t review cases a second time to see if its concerns were addressed, and Internal Affairs isn’t obligated to do anything the board asks. “They’re not in the chain of command,” explains Executive Assistant Chief Michael Dirden, HPD’s liaison to the board. “It’s not a civilian review board with subpoena power and investigative power or anything like that.”

If an oversight board member feels a case is being mishandled, the board’s charter says he or she should report the case to the city’s inspector general. But the inspector general, whose office is responsible for investigating city employee misconduct, has no jurisdiction over HPD. Firefighters, yes, the mayor, yes, but Houston police are explicitly exempt. The inspector general can’t investigate alleged wrongdoing. He or she can only urge the police to do so.

“Under the City of Houston system,” Dirden says, “no one—neither the [oversight board] nor the inspector general or anybody—can tell the chief of police, ‘You know, we don’t like this and you’re going to change it.’ No one has that authority.”

From the police car, Prevot watched HPD officers release Annika. “All the guys are still out there,” he says, “all out laughing and smiling and so forth. Like it’s a big game or whatever.” After Annika went inside the house, “That’s when the guys came back to the car. They looked at me like, ‘Man, your ear’s hanging off!’ They were laughing and playing with it. My hands are cuffed. Everything was swolled up. I couldn’t feel a thing. I couldn’t even feel that. I don’t even know what’s going on, I just know blood’s everywhere. But they were playing with it, making jokes, like ‘Man, they’re gonna have to glue that back together or something!’ It was just a big fun time for them.

“So they drove off, took me straight to the jailhouse. When you’re booked at the jailhouse, there’s a doctor who checks everybody in. Doctor told them, ‘No, you can’t bring him in here. You gotta bring him to the hospital.’ So the officers said, ‘Oh man, you gotta be shittin’ me.’ And the doctor said, ‘No, you gotta take him to the hospital for that ear and everything else that’s going on.’ So they brought me to Ben Taub [General Hospital].

“These guys, they’re waiting on the physician to come and see me. We’re sitting in this room, and they came and took a picture with me. All beat up, handcuffed, ear hanging. … Like I was a freaking trophy head or something. This guy’s got his arm around my shoulder, taking a picture with me. We were waiting there for a while. They were talking noise … saying things like, ‘You were hollering like a bitch!’”

Jimmy reads this part of the Prevot interview and sighs. As a cop, he says, “you’re knee-deep in enough car wrecks, and you see enough bodies torn apart, and you’re around all this horror-show stuff enough times and, like, it just stops being so horrible after a while. You’re around a lot of people who are in horrific, awful, horrible pain and suffering, caused by other people, caused by you, caused by a lot of different stuff and…” He sighs again. “The human heart only has a certain capacity, right? You hit a limit in there somewhere, and it just shuts down. It quits working.

“I’m not going to say that’s not sick and twisted,” he adds. “But it’s a necessary response to the job. It’s a coping mechanism, especially for the guys in patrol. They’re up close and personal with the horror every day.”

In December 2012, the U.S. Department of Justice announced it would review six incidents in which Houston police officers used force against unarmed citizens. Prevot’s arrest was one; Holley’s beating was another; Angela Horton’s face-push was a third. Fourth was Anthony Childress, who says a group of officers stopped him while he was riding his bike and beat him so severely that he lost six teeth and needed 56 stitches. Childress filed an excessive force complaint that was dismissed.

In the other two cases, HPD officers killed people.

When Officer J. McGowan arrived at a reported assault in progress in July 2012, she didn’t know that Rufino Lara was the victim. The officer saw him walking away and followed him, ordering him to stop and show his hands. Witnesses say Lara, 54, turned around with his hands already in the air. McGowan says one hand was tucked into Lara’s waistband. Wherever Lara’s hands were, McGowan shot him dead. In his waistband, she found a beer.

Brian Claunch made violent threats against the officers who came to his home in September 2012 on a disturbance call. Claunch, 45, lived in a residence for disabled men with mental illness. He suffered from schizophrenia and was confined to a wheelchair because he had only one arm and one leg. Yet according to HPD, Claunch backed an able-bodied officer into a corner and jabbed at her with a shiny object. Officer Matthew Marin came to his partner’s aid and killed Claunch with one shot. The object in Claunch’s hand turned out to be a pen. HPD says the case is still under investigation, but a grand jury has already cleared Marin of any wrongdoing.

HPD records consider Brian Claunch to have been armed. The department counts his pen as a weapon. But 49 of the people Houston officers fired on during the past six years were unarmed, even by HPD standards. That’s one in five.

In most cases, the reason the department gave for officers firing on unarmed citizens was “posturing.” The news releases that accompany each HPD shooting use a specific vocabulary to justify the ones in which a suspect is unarmed. The officer “saw several suspicious males” in an area “known for narcotics activity.” The officer saw someone who “matched the description of a suspect” wanted elsewhere. The suspect “made furtive motions,” or “aggressively confronted the officer with one hand behind his back as if he was holding a weapon.” Most often, though, the suspect “appeared to place his hands down the front of his pants” or “began to make movements around his waistband” or “reached into his waistband, as if he was retrieving a weapon.” Why so many unarmed men would rummage in their pants at a moment of crisis is never addressed.

In one case, an off-duty officer saw a man walking up his driveway and suspected him a car thief. The officer says he grabbed his service weapon and ordered the man to show his hands but the man “instead began running at” him with his hands “concealed in his pockets.” The officer fired several shots. Because the suspect escaped, he must have charged the officer, hands in pockets, despite seeing the gun and hearing commands, then made a U-turn after the officer fired and dashed away.

No matter the reason an officer gives for firing, it’s always enough for Internal Affairs and the Homicide Division, which investigate every discharge of a service weapon. In the past six years, HPD officers killed citizens in 109 shooting incidents and killed animals in 225 incidents. In 112 shootings, officers wounded citizens; in another 104, they wounded animals. Of 550 shooting incidents with some kind of casualty, not one was found unjustified.



Hunt says the investigative process that finds all shootings justified is extremely thorough and fair. “When we shoot someone, [Internal Affairs] comes out, [District Attorney]’s office comes out, Homicide [Division], and our attorney comes out, and we agree to do a walk-through of the case,” Hunt says. “We oppose videotaping that walk-through and the reason is, all the facts out there show that two, three days [later], things will be recalled that the officer realizes took place that he didn’t realize that second when his adrenaline is sky-high and he just shot or killed somebody. … We don’t think it’s fair, then, for an officer who—and this routinely happens—two, three days later [to] say, ‘You know what? I forgot to tell y’all, something did happen out there. I remember this.’ … If the defense attorney shows a videotape of [the walk-through], saying ‘Well he didn’t say it here!’ you can’t convince all those jurors that people recall things later.”

But internal documents show that if a recording of an officer’s initial statement about a serious incident differs from a later statement, HPD trusts the earlier version.

Officer Paul Nguyen was off-duty when he got into a fight with a driver he thought was acting unsafely. According to HPD records, Nguyen grabbed the driver, Mr. Melchor, by the shirt, dragged him from the car and held him up by the throat. Then Nguyen calmed down and went home. Melchor called 9-1-1. Because this happened outside of HPD’s jurisdiction, a Harris County deputy constable responded.

In Nguyen’s official account, made well after the incident, he claimed that during the argument, “he saw Mr. Melchor’s hand drop to the right side of his body—which was more concealed—and led Officer Nguyen to believe Mr. Melchor was reaching for a weapon,” according to HPD’s report.

But the Harris County deputy constable who spoke to Nguyen right after the incident was wearing a body microphone. It recorded Nguyen saying he “was aware he had overreacted” and had, in his words, done a “stupid thing,” according to HPD’s report. “Further,” the records state, “Officer Nguyen did not mention or recount at any point his concern that Mr. Melchor was reaching for a weapon…”

Melchor’s excessive force complaint was one of the 15 that Internal Affairs sustained.



After the hospital, Prevot spent the night in jail. The next day, he filed an excessive force complaint against the arresting officers. Some months later, he got a letter in the mail saying his complaint had been dismissed. Prevot’s injuries were apparently a justified consequence of trying to escape. “They said I tried to run when I got out of the car,” Prevot says. “That’s ridiculous. There was no reason for me to run. My whole thing was to try to get back to that house.”

Prevot’s excessive force complaint was one of 691 the Houston Police Department dismissed in the past six years. By now, Prevot has stopped thinking that telling his story is of any use. He believed that when he filed a complaint about use of force, the officers responsible would be punished. But they weren’t. He believed that when the Justice Department said it would review his case, something might happen, but the investigation has already closed without explanation. At this point, Prevot is almost finished serving the two years’ probation he got for evading arrest. He wants to put that night behind him. But he can’t, because now his record bears a felony.

“It’s so hard,” he says. “I just had a great job with Samsung. Great job. They sent me to Dallas for training and everything. … I come back here and three days later, they email me. … They say, ‘We can’t hire you because your background check didn’t go through.’ And that killed me, you know, man? That just killed my little spirit. This happened just three weeks ago, four weeks ago. Now I’m back out there, looking for a job.”

I ask Prevot what he wants to happen. He says, “Can you get my car back? Because they took my car anyway, from in front of my house.” He hangs his head. “You know, it makes me want to cry just saying that because it defeats the whole fucking purpose. [The police] took my car, and I never got it back.”

While Internal Affairs ultimately found the officers’ behavior justified, the men themselves—if only for a moment—might know better.

Prevot says during their hours in the hospital together, the officers’ demeanor changed. “You’re looking at this guy you’ve been with all night long,” he says. “They listened to me talk. They know I’m not a bad guy. I don’t have a record. I didn’t have no weapons. … They knew the type of person that they were dealing with, versus the criminals.”

Prevot had been asking for a cigarette for hours. “By the time we was going to the jail, it was like seven, eight in the morning,” Prevot says. “The guys stopped at the Shell station on the way to the jailhouse and bought me a pack of cigarettes and a lighter. And neither one of them smoked. They were like, ‘Hey man, smoke ’em in the back of the squad car. Usually, you know, we’re not supposed to smoke in here, but we’ll let you do it. You know, whatever.’”

I ask, “Do you think they felt bad?”

“I know they did,” he says. “I mean, they didn’t act like they felt bad. But anybody would.”


Emily DePrang is a staff writer at The Texas Observer, where she covers public health and criminal justice. Her reporting has appeared in The Atlantic, Black Book, Bitch, Nerve, FHM, and others. A former nonfiction editor of the Sonora Review, DePrang has an MFA in Creative Nonfiction from the University of Arizona and a B.A. from the University of Texas at Austin. In 2013, DePrang won the Sigma Delta Chi award from the Society of Professional Journalists for public interest magazine journalism and was nominated for a Pushcart Prize for an essay published in Fourth Genre.

http://www.texasobserver.org/horror-every-day-police-brutality-houston-goes-unpunished/
 
If you're doing nothing wrong.........

Drug suspects had soap, not cocaine bricks
Pair spent month in prison before lab results came back.


December 13, 2013|By Manuel Gamiz Jr., Of The Morning Call

When a state trooper pulled the couple over along Interstate 78 last month, he said he stopped them because they were going 5 miles over the speed limit and hugging the side of the lane.

The trooper said he smelled marijuana. The driver of the new Mercedes-Benz, 26-year-old Annadel Cruz, told him she had smoked the drug before she left New York City, but had not done so in the car.

The trooper asked to search the car, and Cruz consented. When the trooper found two plastic-wrapped packages in the trunk of the car, Cruz told him they contained soap she had made herself.

The trooper field-tested them and Cruz and her friend, 30-year-old Alexander Bernstein, spent the next month in Lehigh County Prison after being arrested on cocaine-trafficking charges.

They got out this week after the Lehigh County district attorney's office dropped the charges because a state police lab tested the packages and found they contained boric acid or soap.

Attorneys for the couple are questioning the investigation, accusing the trooper of profiling the couple and botching the field test.

"I think it is a nice car with out-of-state plates and a Hispanic female behind the wheel" that prompted the traffic stop, said Josh Karoly, who represents Bernstein. "If it was me driving that car, this wouldn't have happened."

Cruz's attorney, Robert Goldman, said, "After this, everyone should pause about jumping to conclusions when a field test is said to be positive by law enforcement. There are people going to jail on high bail amounts based upon these field tests."

Bernstein was sent to prison under $500,000 bail and Cruz under $250,000 bail by District Judge Jacob Hammond.

Field tests are used by police departments to test substances believed to be drugs at suspected crime scenes. A sample of the substance is mixed with a liquid, causing a reaction and change in color that will indicate if it is an illegal drug, Karoly said.

That substance will then be sent to the state police lab for further analysis and testing.

Karoly said he believes the field test either didn't happen, it was lied about or something is wrong with how it was done.

"A young man spent a month in jail, spent a substantial amount of money to get out of jail and missed Thanksgiving with his 17-month-old son," he said. "To do that on a field test, we better be darn sure that these field tests are accurate."

Bernstein's bail was posted Tuesday, a day before the district attorney's office called to let him know they were dropping charges. Cruz, a community college student, was released from prison Wednesday, Goldman said. Goldman said Cruz had no criminal record before the Nov. 13 stop in South Whitehall Township.

While his client is happy to be released, Goldman said it will take time to recover from the stigma of being incarcerated as a drug offender.

"Her name is all over the place, making light of her defense that she was just transporting soap," he said. "She was labeled online as a drug dealer, she was incarcerated with people who do commit crimes.

"It's going to take her a good deal of time to get her good name back," Goldman said.

According to a criminal complaint:

A state trooper stopped Cruz, who was driving a new Mercedes-Benz, on westbound I-78 near the Cedar Crest Boulevard exit because she was approaching 60 mph in a 55 mph zone and was riding a traffic line for about a half-mile.

When questioned, Cruz told the trooper the car was a rental and they were driving from New York to Florida. The trooper told her he smelled marijuana and she said she had smoked earlier in the day, but not in the car. She gave police permission to search the car.

Bernstein told police he had a bag in the trunk and gave police permission to search it. In the bag, the trooper found two brick-size packages, which were covered in clear plastic wrap and red tape.

Cruz told police the packages contained soap she had made, but a field test revealed that the substance was cocaine. The packages weighed 5.2 pounds. Police said they also found a small amount of marijuana in Cruz's bra.

The couple were charged with possession with intent to deliver cocaine, possession of cocaine, conspiracy and possession of drug paraphernalia. Cruz also was charged with possession of a small amount of marijuana, disregarding traffic lanes and speeding.

The district attorney's office would only confirm that the state police lab determined the substance found in the car turned out to be soap, leading to the charges being withdrawn Thursday.

Attempts to reach state police Friday were unsuccessful.

Both attorneys accused state police of profiling.

Goldman said police stopped his client for barely going past the speed limit and getting close to the line, something almost every driver on the highway does at some point.

"Anybody who drives under 60 miles an hour on I-78 has the chance of getting rear-ended," Goldman said. "It was one of the worst probable causes for stopping."

Goldman said his client was taking the soap to a sister in Florida. He described Bernstein as her friend.

Karoly said this case is an example of rushing to conclusions.

"We are so cynical that we don't believe people," Karoly said. "We don't give people the benefit of the doubt."

Neither attorney said he has discussed civil litigation.

[email protected]

610-820-6595

http://articles.mcall.com/2013-12-1...nd-soap-20131213_1_trooper-drug-suspects-soap
 
AMERICAN CITIZEN LABELED “TRASH,” HANGED TO DEATH IN POLICE CUSTODY 5
GEORGETOWN

– A Brown County coroner has confirmed that a father who was hung to death in police custody was a victim of murder, according to reports.

Communities were initially told that Zachary Goldson’s death was due to a “suicide.”

But as they looked closely into the death, they discovered that officers had deleted key video footage that showed Goldson in the last 30 minutes of his life.

Footage shows officers initiating force on Goldson while Goldson was handcuffed and unable to defend himself. Reports state that they deleted additional footage that was "key" in showing what they did during the last minutes of Goldson's life.

It began in September after Goldson was arrested by officers on the claim that he had a .22 firearm and had fired it across a roadway near his home.

He was locked inside of a cell and faced up to 14 years for the gun charges.


Goldson maintained that he did “nothing wrong.”

Indeed, he had not harmed anyone, and the constitution guarantees the right of Americans to bear arms.

Related: Government Chemist Creates Fake “Evidence” to Give Prosecutors Convictions, Thousands of Innocents Imprisoned

Once in jail, Goldson wrote a revealing letter to his mother.

He expressed a future-based intention to see her again, a fact that became deeply mysterious in light of the claim that he was “suicidal.”

“Im just writin you to tell you I love you mom…I’m going to miss you both and Im prayin you are still around when I get out because I don’t want to loose my mom while im in jail.”

The letter is reproduced in its entirety below:

<Letter at link. >

About nine days after his initial arrest, Goldson was taken to a jail hospital after vomiting.

Jail documents claimed that he had “swallowed” a pen and some staples.

At some point during his transfer to the hospital, he attempted to free himself from captivity and return back home to his family.

Allegedly, he used his shackles to strike an officer during his escape attempt. That’s when officers piled onto him and restrained him once again.

He was accused of assaulting an officer.

A swarm of officers can be seen on a dashcam video surrounding Goldson.

They can be heard calling Goldson “trash” and stating a desire to “break his fucking neck.”

Moments later an officer seems to promise more violence upon Goldson: “This motherfucker is going to receive a welcome party at the jail.

WARNING: GRAPHIC CONTENT





Less than an hour later, Goldson was taken back to jail, a noose made of a bedsheet was tightened around his neck, and he was hung to death.

These factors led many to conclude that Goldson was murdered by the police, and that the police were trying to cover up the murder by claiming that it was a “suicide.”


But because officers deleted the jail footage showing what happened to Goldson during the last minutes of his life, investigators couldn’t be certain.

Now, in a newly released report by the coroner, Goldson’s death has been confirmed as murder by strangulation.

It would have been “physically impossible” for Goldson to have tied his own noose given how high the ceiling was, according to the report.


“At first I thought it was a suicide until all the information started coming in,” Goldson’s mother said. “But there was so much evidence, it became clear that something was wrong.”

Goldson leaves behind his mother and his 9-yr-old son, both of whom he had hoped to see again.


http://filmingcops.com/american-citizen/
 
Police Say Teen Shot Self in Head — While Hands Cuffed Behind Back
In yet another case of defying the limits of physiology, 17-year-old Jesus Huerta died in Durham police custody.

December 14, 2013 |

A strange phenomenon has been occurring in police custody around the U.S., which seems to defy both the laws of physics and the limits of human physiology. Young people of color, handcuffed with their hands bound behind their backs, are able to shoot themselves in the head. For the critical observer, belief is beggared.

As I noted last year, twice in six months, young men have managed to shoot themselves in the head while in handcuffs in the back of police cars. And now again, a North Carolina teen has died of a gunshot wound that police say was self-inflicted while the young man was in handcuffs.

Via local station WNCT9:

A Durham teen [17-year-old Jesus Huerta] died of a self-inflicted gunshot wound to the head, Durham Police Chief Jose Lopez said.

“I know that it is hard for people not in law enforcement to understand how someone could be capable of shooting themselves while handcuffed behind the back,” Lopez said. “While incidents like this are not common, they unfortunately have happened in other jurisdictions in the past.”

Huerta’s family released a statement following the press conference held by Lopez. The family of Huerta said the press conference did not release any new information to the public.

“How did Jesús end up dead in the parking lot at police headquarters in these circumstances? Searched. Handcuffed behind the back. How is it even possible to shoot oneself?” the statement reads.

http://www.alternet.org/civil-liber...shot-self-head-while-hands-cuffed-behind-back

THURSDAY, DEC 6, 2012 04:40 PM EST
Another handcuffed young man manages to shoot himself
A high schooler reportedly shot self in a police car, recalling a similar incident shrouded in controversy

A perturbing trend is emerging in the South. Twice in six months, young men have managed to shoot themselves in the head while in handcuffs in the back of police cars, after having been searched for weapons. For many critical observers, the circumstances beggar belief.

In August of this year, police in Jonesboro, Ark. claimed that Chavis Carter, 21, committed suicide while in the back of a patrol car. He was handcuffed at the time and had already been searched for weapons. Somehow, according to the police report, the searh missed Carter’s concealed handgun and the young man — found to be on a number of amphetamines and sedatives at the time — managed to reach around his back to shoot himself in the right side of his head, despite being left-handed. Dr. Isaac Richmond, national director of the Memphis-based Commission on Religion and Racism, called the police’s account “a cold-blooded calculated lie,” but a state autopsy fell in line with the suicide narrative.

Then on Wednesday in Texas, a police officer managed to overlook a very large gun when searching a high schooler he was taking in to custody. The 17-year-old, who was being detained by police after a friend reported him a suicide risk, reportedly shot himself in the back of the head while he was in the police cruiser in handcuffs. The young man did not die and is in a critical but stable condition in hospital. The police report in this latter case appears more credible than the Arkansas incident and investigators are probing why the student’s gun was missed when he was searched. It remains unlikely, however that the plausibility of a suicide in this case will clear up lingering questions surrounding Chavis Carter’s death in police custody.

http://www.salon.com/2012/12/06/another_handcuffed_young_man_manages_to_shoot_himself/
 
Article does not mention what sentences the policemen received. As far as I know the judge in question was not charged and merely resigned.


Two Georgia Police Officers, One Resident Convicted Of Framing Woman With Meth Possession

By Jonathan Wolfe, Mon, December 16, 2013

Two Murray County, Georgia police officers and a Dalton resident have been convicted of framing false drug possession and witness tampering. The men were all reportedly involved in an elaborate scheme to frame and discredit a woman who accused Chief Magistrate Judge Bryant Cochran of making inappropriate sexual advances towards her.

The incident started in July of 2012 when Murray County resident Angela Garmley held a legal meeting with Judge Cochran. Garmley alleged that Cochran made unwanted and aggressive sexual advances towards her during the meeting. She reported the advances to authorities.

Weeks later, on August 12, 2012, Cochran’s handyman and two Murray County police officers attempted to frame Garmley for methamphetamine possession. The scheme was supposedly set up at Cochran’s direction.

In order to frame Garmley, Cochran’s tenant and handyman Clifford Joyce planted a small metal box containing methamphetamine bags inside a wheel well on the woman’s car. Two days later, Murray County Deputy Sheriff Joshua Greeson purposefully pulled over Garmley to search her car for drugs. Of course, he found the methamphetamine bags. He was told exactly where they would be by Murray County Police Captain Michael Henderson.

Murray County prosecutors immediately filed narcotics possession charges against Garmley. But her attorney fired back and said his client had been set up by authorities in order to discredit her sexual advance claim against Judge Cochran. The Georgia Bureau of Investigation looked into the incident and, on August 24, 2012, dropped all charges against Garmley.

Both law enforcement officers were convicted of witness tampering and Joyce was convicted of conspiring to distribute methamphetamine. Joyce will now spend the next one and a half years in prison. United States Attorney Sally Quillian Yates spoke on the prison sentencing today.

“By planting drugs on an innocent woman’s car, Mr. Joyce attempted to use the criminal justice system to serve his own personal agenda,” Yates said. “In the end, however, it is Mr. Joyce, and not the Murray County woman, who will be headed to prison.”

Georgia Bureau of Investigation Director Vernon Keenan released a statement of his own. Here is an excerpt from it:

“Vindicating an innocent person is as important as convicting the guilty. The GBI will continue to work with our federal law enforcement counterparts to ensure criminal cases are thoroughly investigated so the innocent remain free and the guilty are held accountable.”

Sources: Atlanta Journal-Constitution, FBI

http://www.opposingviews.com/i/soci...dent-convicted-framing-woman-meth-possession#
 
http://freedominourtime.blogspot.com/2013/12/of-poker-and-plunder-commissarina-olson.html

Tuesday, December 17, 2013


Of Poker and Plunder: Commissarina Olson Strikes Again


In spite of the fact that he has not committed a criminal act, Boise resident Skinner Anderson faces three years in prison and a $250,000 fine. Wendy J. Olson, the Soviet-grade legal functionary who afflicts Idaho as U.S. Attorney, has wrung a guilty plea out of Anderson on a single charge of “misprision of felony” because a home he rented was used for what have been described as illegal poker games.

The federal statute under which Anderson was charged is obscure and seldom prosecuted. Private gambling is banned in Idaho by state statutes that are rarely enforced: Since 1975, fewer than 300 people have been arrested or cited in Idaho for gambling. No felony charges were filed following a raid carried out by a federally supervised task force last April. Fourteen people were charged with misdemeanors and issued citations by a state court.

Anderson’s only role in this affair was to receive rent payments from Kings Santy – the poker and billiards enthusiast who organized the games. Yet the landlord is the only defendant to face the prospect of time in a government cage.

Under the relevant provision of the Idaho State Code (18-3802), the worst that could be inflicted on him would be a misdemeanor fine for “knowingly” allowing people to play poker on his property.

Commissarina Olson, displaying the dishonesty and depraved ingenuity for which people in her profession have become notorious, contrived a way to charge him with a federal offense that involves guilty knowledge “of the actual commission of a felony cognizable by a court of the United States” – something he obviously didn’t do, because none of the people arrested last April has been charged with a felony.

Tellingly, Santy – who, once again, organized the “illegal” poker games -- was not charged with a crime. In fact, he wasn’t even arrested. Any time the police allow the “ringleader” to get off scot free, they are indisputably protecting an informant.

Apart from Olson and her band of state-licensed plunderers, Santy is the only individual in this matter who has committed a crime – specifically, an act of deception that injured the rights of another person. When he signed a lease on the home in 2008, Santy told Anderson that he intended to use the property to operate an auto repossession company. He has since admitted that this was a lie.

At some point – most likely immediately after he rented the home from Anderson – Santy became an informant. All of the “evidence” collected by Olson regarding Anderson’s supposed offenses is drawn from Santy’s self-serving conversations with FBI Agent Douglas Hart, who supervised the investigation.

According to Hart’s probable cause affidavit, “Anderson told Santy that he didn’t care what Santy was doing on his property as long as it didn’t cause Anderson trouble.” Presumably, “trouble” would have resulted – and an eviction most likely would have ensued -- if those games had become a neighborhood nuisance.

The raids in April were carried out by the valiant badasses of the Treasure Valley Metro Violent Crimes Task Force, who claimed to be responding to unspecified “complaints” about the poker tournaments. Once again, the only source of those “complaints” would be Santy. The ringleader/informant reportedly told Agent Hart that one of his dealers said a woman whose “husband or boyfriend lost their rent money from a poker game called Anderson to complain,” according to the Idaho Statesman.

This hearsay “evidence” offered by an admitted liar (remember, Santy deceived Anderson about his intent in leasing the house) is the only substantive link connecting the landlord to the “illegal” poker games conducted on his property. If Santy had been compelled to testify, he would have been eviscerated on the stand by a reasonably competent attorney.

Federal juries tend to be terminally credulous, and Olson – once again, following the protocols of her despicable profession – would most likely have multiplied the charges against Anderson and threatened him with decades in prison as punishment for exercising his right to a trial by jury.

As I’ve noted before, federal attorneys prefer extortion to prosecution.

“How much does the State weigh?” Stalin once asked a Soviet procurator frustrated by an unusually recalcitrant defendant who refused to sign a confession. As a federal prosecutor in the Soviet mold, Olson is adept at using the weight of the State to break innocent men and women. And in this case, as in so many others, Olson’s objective was to steal Anderson’s property through forfeiture: Before filing criminal charges against the beleaguered businessman, Olson filed a “forfeiture” motion to seize the “gambling house” where Santy had held the poker games.

Anderson was most likely told by his defense attorney that if he fought the charge the Feds – employing a widely used tactic -- would freeze his financial assets, leaving him destitute and unable to pay his legal expenses. Thus he was left with no choice but to submit to the demands of Olson and her comrades.

For his part, Santy remains at large to entrap other potential victims. He has plenty of company in Olson’s feculent stable of informants and provocateurs.

Now that a guilty plea has been extracted from Anderson, confiscating his property will be much easier. Olson has been a tireless evangelist on behalf of the gospel of collaborative plunder, and she has built a large and eager congregation among Gem State law enforcement agencies.

Forfeiture is a tremendously lucrative racket for Olson’s office, which boasted in an October 28 press release that it has seized $1.7 million in “forfeiture” proceeds, while kicking back $1 million to state and local police agencies “via the equitable sharing program.” Olson’s office reported a total take of $34 million for FY 2013 – an impressive figure, but a dramatic decrease from 2012’s record $84 million haul. This might help explain why Olson’s plunderbund went after Anderson so zealously: Grabbing a $200,000 home would get the new fiscal year off to a good start.

On the same day that Anderson was arrested and charged with gambling-related felonies, the state’s largest gambling syndicate began its biggest buy-in to date. The state government of Idaho – which will benefit from the seizure of Anderson’s property – announced its Mega Millions lottery jackpot. Tickets cost a dollar each, and are sold at retail outlets state-wide, thereby directly implicating hundreds of business owners – as well as the entire tax victim population -- in an activity that would be regarded as criminal if conducted privately.

Mr. Anderson, who had no direct involvement in a penny-ante poker tournament, may be sent to prison with the connivance of the same state government that -- in addition to the routine crimes of violence and fraud it perpetrates – maintains a multi-billion-dollar gambling operation.

To paraphrase the despondent Danish prince: In our prison society, there is nothing either good or bad, unless the state says so. Thus private poker is a "crime," state-licensed lotteries are a civic blessing, and officially sanctioned theft of an innocent man's property is "justice."
 
Illinois: Man Freed After Conviction Is Overturned

http://www.nytimes.com/2013/12/12/u...tion-is-overturned.html?src=recg&gwt=pay&_r=0

By THE ASSOCIATED PRESS
Published: December 12, 2013

A man who for decades insisted that Chicago police officers tortured him until he confessed to a 1982 rape he did not commit walked out of the Pontiac Correctional Center on Wednesday after 30 years in prison. The release of the man, Stanley Wrice, 59, came a day after a Cook County judge, Richard Walsh, overturned his conviction, saying officers had lied about how they had treated Mr. Wrice. It will be up to a special prosecutor to decide whether to retry him.
 
Illinois: Man Freed After Conviction Is Overturned

http://www.nytimes.com/2013/12/12/u...tion-is-overturned.html?src=recg&gwt=pay&_r=0

By THE ASSOCIATED PRESS
Published: December 12, 2013

A man who for decades insisted that Chicago police officers tortured him until he confessed to a 1982 rape he did not commit walked out of the Pontiac Correctional Center on Wednesday after 30 years in prison. The release of the man, Stanley Wrice, 59, came a day after a Cook County judge, Richard Walsh, overturned his conviction, saying officers had lied about how they had treated Mr. Wrice. It will be up to a special prosecutor to decide whether to retry him.

H/T/ to Originalist on this one AF (post # 399). Those that tortured the confession have gotten away. Free and clear. "Statute of limitations." There is no limitation for redress for those that still suffer. Plain and simple.
 
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