police corruption

What Law Enforcement Calls Justice

Seal of the Philadelphia Police Department.

This is what it gets us:

Currently, the Defender Association of Philadelphia is seeking to have more than 500 convictions involving Officer Christopher Hulmes reopened and tossed out. In 2011, Hulmes admitted to lying in open court in a drug-and-gun case against two black men who claim they were framed. He did so in front of a judge and prosecutor. But he was not charged with perjury until this April ....

Reporter Daniel Denvir brings to Salon reporting he has been working on all year, including an April article for the Philadelphia City Paper explaining:

Last Thursday, District At­torney Seth Williams an­nounced that Phil­adel­phia Police Officer Christopher Hulmes, a narcotics cop who admitted in open court to lying under oath, had been charged with perjury and other offenses.

It only took more than three years.

During that lapse, Hulmes continued to patrol the city’s bustling drug markets and to testify in criminal trials that likely sent many defendants to prison. Some of those convictions could end up being overturned and costing the city in civil settlements.

That Hulmes admitted in 2011 to lying multiple times in a drug-and-gun case is without question. But precisely what he intended to cover up, and why it took an August 2014 City Paper investigation to prompt prosecutors to file charges, is much more complicated.

It always is.

More complicated, that is.

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How We Do It (Freedom Forfeit Fried)

United States Department of Justice

So, you know, irony doesn’t really do any good for the people who have been hurt―

The Department of Justice announced this week that it’s suspending a controversial program that allows local police departments to keep a large portion of assets seized from citizens under federal law and funnel it into their own coffers.

The “equitable-sharing” program gives police the option of prosecuting asset forfeiture cases under federal instead of state law. Federal forfeiture policies are more permissive than many state policies, allowing police to keep up to 80 percent of assets they seize―even if the people they took from are never charged with a crime.

The DOJ is suspending payments under this program due to budget cuts included in the recent spending bill.

(Ingraham)

―but for the rest of us, that’s gotta be worth something. There are some days when we take what we can get, and if budget constraints will accomplish what justice cannot, well, what else do we expect? This is your federal government. These are your United States of America.

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Ingraham, Christopher. “The Justice Department just shut down a huge asset forfeiture program”. The Washington Post. 23 December 2015.

The Time to Show Your Unequivocal Support for Law Enforcement

Ah, Arizona!

“Sadly, the bloodshed will most likely continue until those in positions of power realize that the unequivocal support of law enforcement is required to preserve our nation.”

Fraternal Order of Police in Baltimore

Meanwhile, in Arizona, Debra Milke has been exonerated after spending twenty-two years on death row for apparent police and prosecutorial corruption:

Key to the case’s dismissal was prosecutorial misconduct, mainly that of a detective, Armando Saldate, who said Milke confessed to the crime to him — even though there was no witness or recording.

Prosecutors withheld from the jury Saldate’s personnel record which showed instances of misconduct in other cases, including lying under oath.

The two men with whom Milke was accused of conspiring were tried separately and are still on death row.

(Ahmed and Botelho)

What we have here is an accusation and conviction of murder and conspiracy, based on an apparent lie told by a detective, and prosecutors deliberately working to cover for that lie.

Twenty-two years.

Remember, we owe these law enforcement officials unequivocal support; if we don’t praise their corruption, America will not survive.

At least, that’s what a cop said.

You know, for whatever that is worth.

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WBAL. “Baltimore police union releases statement on NYPD shootings”. WBALTV.com. 21 December 2015.

Ahmed, Saeed and Greg Botelho. “Debra Milke, who spent 22 years on Arizona death row, has murder case tossed”. CNN. 24 March 2015.

The Strange Realm ‘Twixt Law and Justice

Detail of frame from 'Racist E-Z Cash', animation by Mark Fiore, 13 March 2015, via Daily Kos.

While it is generally considered unwise to sound as if I am joking about such grave matters―

Now that the Department of Justice report on Ferguson has been released, the veil has been lifted on a corrupt system that bled that town’s African-American citizens of their income, rights and freedom. Ferguson’s Municipal Court had become a criminal enterprise bent on increasing revenue by bleeding citizens dry.

The racist jokes and comments forwarded by city officials are the tip of the iceberg in this DOJ report. Though that sort of racism is abhorrent, extorting money under threat of additional fees, fines and jail time is what really boggles my mind. Funny how problems arise when you’ve got a judge who is also a prosecutor and defense attorney, all at the same time. (Not to mention the assorted co-conspirators who seem to be straight out of Idiot Racist Central Casting.)

Sure, Ferguson is a mess, but what is particularly tragic is that a system of debtors’ prisons festers nationwide. And while not every city or town robs citizens at the barrel of a (police) gun, racial disparities in the criminal justice system provide fertile ground for the abuses seen in Ferguson.

Mark Fiore’s post for Daily Kos is especially helpful, because we all know a few people who just cannot be bothered to comprehend those paragraphs, and in this case the editorial animator has been cool enough to provide a cartoon to explain it. And it even moves and talks. Just watch and listen.

So pass it along. Every little bit helps. Because this really is an example of the vast difference that can arise ‘twixt law and justice.

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Fiore, Mark. “Racist EZ-Cash”. Daily Kos. 13 March 2015.

The Buzzkill

‘Tis the season, but the season ain’t enough. A quick list of links to depress the hell out of you:

“I have a place I would like to take you where I hung your grandpa.”

Is this really how we do it in America?

• SOTU: Did you catch the part where President Obama made history? No, really, this is important, and comes on the heels of Eric Holder’s historic memorandum in December.

‘Oh, rascal children of Gaza’, by Sami Kishawi

• What does the phrase, “the eleven American nations”, mean?

• Something about “unequivocal support for law enforcement” goes here. And here. With an update here.

Yeah, sorry ’bout that. But do try to have a good day, anyway.

Pass/Fail

"TRUE OR FALSE: Objecting to certain police tactics is the same as hating all police officers."  (Jen Sorensen, 30 December 2014, via Daily Kos Comics)Remember how the cycle works.

It is a really simple idea: We would like to be able to support our law enforcement institutions and personnel.

This argument has been going on for a while; cartoonist Jen Sorensen asks an obvious question. Indeed, it is so obvious a question one need not wonder why the public discourse flees it in screaming terror.

So here’s the thing: When an ugly episode arises involving law enforcement, we are reminded that these episodes come about because of a proverbial few bad seeds. Yet these few seem rather quite protected by other police traditions that require the participation of the rest of those allegedly good officers. Didn’t see a thing, or the guy was definitely reaching for a gun, or what, do you want a guilty person to go free just because of a technicality?

But that is just a fallacy, a fundamentally dishonest reaction. It always seems to come down to an all-or-nothing proposition put before us by police supporters.

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Another Case of NYPD Public Relations Heartburn

NYPD-car

There are those who suggest there is no such thing as bad press, but Tinseltown wisdom does not necessarily carry over into other industries. Certes, there is an argument to be made on a case by case basis, but some days other things are clear. To wit, the New York Police Department probably doesn’t need more bad press right now.

Taken individually, the cases seem to be routine examples of differences between the police account of an arrest and that of the person arrested. But taken together, the cases — along with other gun arrests made in the precinct by these officers — suggest a pattern of questionable police conduct and tactics.

Mr. Moore’s case has already been dismissed; a judge questioned the credibility of one of the officers, Detective Gregory Jean-Baptiste, saying he was “extremely evasive” on the witness stand.

Mr. Hooper spent a year in jail awaiting trial, eventually pleading guilty and agreeing to a sentence of time served after the judge in his case called the police version of events “incredible.”

In another example, Lt. Edward Babington, one of the four officers in Mr. Herring’s case, was involved in a federal gun case that was later dismissed and led to a $115,000 settlement. In that case, a federal judge said she believed that the “officers perjured themselves.”

(Clifford)

You know, like that.

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Clifford, Stephanie. “In Brooklyn Gun Cases, Suspicion Turns to the Police”. The New York Times. 11 December 2014.

The Beeb on Ferguson, and Other Notes

Ferguson protests: How the shooting of a black unarmed teenager sparked days of unrest and made a nation look at itself.  (BBC)

As much as we might appreciate the sentiment offered by the BBC for its sentiment on the Ferguson outrage, I must unfortunately beg to differ: “. . . made a nation look at itself”? Right. Yeah, that’s exactly what happened. Right?

Okay, yeah, we know. Right. That’s not even funny. Still, though, we do appreciate the Beeb’s hopeful sentiment, despite how “un-American” introspection actually is. No, really, remember that we dope introspective kids up in order to make them knock it off.

Okay, look, the truth is that when we “look at ourselves”, what we actually do is not look in the mirror, but point fingers at one another and yell a whole lot. Well, unless you’re a cop; then you point ugly guns at people and yell a whole lot. But internationals need to understand, the current President of the United States isn’t allowed to express human emotions without the danger of a white-led race riot. Remember what happened last time, when he said what any parent might say of a tragedy, that Trayvon Martin could have been his son. And remember the howls about how racist that is. Obama may be many things, but an idiot is not on the list. While his right-flank detractors scream about the race-baiting of sending the Justice Department to look into what appears, prima facie to be a police-sponsored murder and attempted coverup, his left-flank detractors are angry because he’s not showing enough “black anger”α. Meanwhile, supporters of the accused killer remind that Officer Wilson is “innocent until proven guilty”, a right stolen from the late Michael Brown, and wag their fingers about “rule of law”, which in their opinion means a white cop can shoot whatever black person he wants, the department can try to lie about it, and there’s nothing suspicious to be seen in that.

Americans seem to think this is the better alternative. Apparently, we are supposed to be scared senseless of our own reflections.

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α As we noted last month:

In the shadow of what happened and is happening in Ferguson, I’ve noticed that even the days of the Trayvon Martin debacle are, apparently, forgotten in much of the press. Even the distinguished Marc Lamont Hill, disclaiming that he “didn’t have any unrealistic expectations for Obama”, seems to ignore history in order to complain that the president is somehow blind to “black anger”. In his CNN opinion piece, the Morehouse College professor seems to have forgotten the facts that (A) Mr. Obama is a politician, (B) Mr. Obama is a politician who holds an extraordinarily important and controversial office, and (C) the fact of Mr. Obama’s ethnic heritage effectively requires that he downplay “black anger”.

And let me be clear: “Black anger” would appear to be wholly appropriate; the question is whether Dr. Hill prefers quick gratification or real progress. Right or wrong, the fact is that justice for Americans with dark skin is still a long time coming; the trend is to respond to “black anger” by punishing black people. Dr. Hill’s desire for a cheap quickie apparently takes precedent over real progress.

Or does that seem harsh?

Even so, it is at least somewhat accurate. That is to say that while politicians might rush to empathize with victims of crime and other tragedy, a black president saying the same thing about a dead teenager that a lot of us might say in other situations about, say, a white teenager who died, became a controversy about racism—how dare a black president sympathize with the challenges facing the black community!

British Broadcasting Corporation. “Ferguson Protests”. 2 September 2014.

Hill, Marc Lamont. “Obama, can’t you see black anger in Ferguson?”. CNN. 15 August 2014.