Top Cop Tells NYers 'Prove You're Not a Terrorist'

See the original article and other great articles at: Tech Dirt

NYPD Sergeant Says 'Guilty Until Proven Innocent' Is Just The Price We Pay For A 'Free Society'

from the nothing's-more-'secure'-than-a-jail-cell dept

We've been dealing with the New York police department lately, thanks to the mayor and the police chief using the recent Boston bombing as an excuse to increase surveillance efforts and enact other policies to further encroach on New Yorkers' civil liberties. Whenever something terrorist-related occurs, it seems as though the NYPD's reps can't keep their opinions to themselves, even as the department itself drifts further and further away from being a sterling example of How Things Should Be Done.

In a recent Christian Science Monitor article dealing with "teenagers, terrorism and social media" (focusing on the recent Cameron D'Ambrosio arrest for making "terrorist threats" via some improvised rap lyrics posted to Facebook), Sgt. Ed Mullins of the NYPD shows up to make some very disturbing statements about your rights and responsibilities as a (mere) citizen. It starts with the worst kind of "policy" and goes downhill fast.

Using a zero tolerance approach to track domestic terrorists online is the only reasonable way to analyze online threats these days, especially after the Boston Marathon bombing and news that the suspects had subsequently planned to target Times Square in Manhattan, Mullins says. The way law enforcement agencies approach online activity that appears sinister is this: “If you’re not a terrorist, if you’re not a threat, prove it,” he says.

you’re not a threat, prove it,” he says. "Zero tolerance" is never "reasonable." It never has been and it never will be. In fact, it's the polar opposite. Zero tolerance policies simply absolve the enforcers of any responsibility for the outcome and grant them the privilege of ignoring mitigating factors. It allows them to bypass applying any sort of critical thinking skills (the "reason" part of "reasonable") and view every infractions as nothing more than a binary IF THEN equation.

Mullins goes even further than this, though, asserting that the burden of proof lies with the person charged, not the person bringing the charges. This flips our judicial system on its head (along with the judicial systems in many other countries) and, if applied the way Mullins views it, puts accused citizens in the impossible position of trying to prove a negative. This is just completely wrong, and it's a dangerously stupid thing for someone in his position to believe, much less state out loud. (Mullins also heads the Sergeants Benevolent Association, the second-largest police union in New York City.)

Believe it or not, Mullins is not done talking. What he says next doubles up on the "dangerous" and "stupid."

“This is the price you pay to live in free society right now. It’s just the way it is,” Mullins adds.

No. It isn't.

This is the price Mullins is charging to live in the NYPD's severely stunted version of a "free" society. The NYPD has been harassing young minorities at the rate of 500,000 impromptu stop-and-frisks per year for the better part of the last decade. For the past 10 years, the NYPD has been regularly trampling citizens' civil liberties simply because they attend a mosque. The NYPD and Mayor Bloomberg have worked ceaselessly to make New York the most-surveilled city in the U.S.

That's the price New Yorkers are paying. It has nothing to do with living in a free society. The NYPD takes liberties away and high-ranking cops like Mullins have the gall to suggest there's some sort of equitable exchange occurring. Mullins doesn't seem to understand (or just doesn't care) that if you take away freedom you no longer have a free society.

It has been said that eternal vigilance is the price of liberty, but "eternal vigilance" isn't shorthand for oppressive surveillance and zero tolerance policies that make freedom less "free." "Eternal vigilance" isn't treating the Constitution like a relic too worn and tattered to serve any purpose in these "dangerous" times. And being an officer of the law isn't an excuse to shut your intellect off and allow your brain stem and broad policies to "work" in concert in order to treat loudmouth teens on Facebook like a guy with a trailer home full of explosives.

This "vigilance" is supposed to be put to use by citizens in order to prevent authorities like Mullins from encroaching on our liberties. It's not solely limited to a united military effort against foreign powers. There are plenty of people apparently willing to attack our freedom from the comfort of the home front.

Grammy Winner Lauryn Hill to be Re-Educated by Court Order

Read related article at: InfoWars.com

D.A. Complicit In Brutality Coverup

I try to be as unbiased as possible when it comes to cases of police brutality. Indeed, I have made several posts here defending the police even when they have acted violently, because I understand that it is a difficult job and at times it does in fact require violence to get the job done. I am not squeamish and I am not prone to knee-jerk reactions. I have seen things from both sides of the line, having been both first-responder and victim of a vicious assault by police.

I must say though, that at the end of the day, I have little sympathy for police and the job they do when I hear stories like this one. This is not just about a few bad apples beating the crap out of innocent civilians. This is about institutionalized corruption and brutality. Let's check out the video, and I will continue below.


So we see there are two separate incidents here to discuss. In the first, we see police beat, tase, and strangle a woman who is handcuffed in the back of the police cruiser. Personally, I can't think of any legitimate reason why police should be beating on anyone in handcuffs. I can understand that suspects in cuffs can still be unruly and do things like start spitting in the backseat and so forth. I can see how that would make a police officer angry, but it really still does not excuse beating up a suspect in a punitive manner. It certainly does not excuse using the taser on someone, and it absolutely does not excuse choking a woman. Here in NY State, choking a woman is a crime in and of itself, aside from standard assault-type charges.

New strangulation statute proving an effective tool for law enforcement

Imagine for a moment that what you saw there was a man beating on his wife in that manner. If the public were to see something of that nature there would be absolute outrage in a community, calling for all sorts of horrible things be done to a man who would dare to do something like that to a woman. But because it is a police officer doing this to a suspect, the public is apathetic, as if in a trance, or even openly defend the actions of police in cases like this. But this wasn't just one officer either, it was two. Two powerful men beating the crap out of a woman in the back seat of a car in the middle of the night. Is there really any excuse for that?

With the new strangulation law on the books, I find it hard to believe that a man would be excused for simply choking a woman even if she came at him with a kitchen knife screaming bloody murder, much less pummeling and tasing a woman. Certainly there would be no excuse whatsoever for a man to do this to a defenseless, unarmed woman restrained in handcuffs, unless he was a cop of course.

Next we see the case of a man who had his rib cage crushed in for the crime of not understanding a police order. Instead of putting his hands behind his back as instructed, he puts his hands in the air. A typical reaction really for anyone who watches television and instinctively thinks "hands up" if they are ever in trouble with the police. It is also quite easy for a police officer to take a suspect into custody from that position. You simply snap the cuff on one wrist, guide the suspects arm down toward the buttocks, do the same with a firm grasp on the other arm, and lock the second wrist into the open cuff. Easy as that, suspect in custody.

Instead, one officer decided to body slam the suspect to the concrete, while the other decides to use a knee to blow out the man's ribcage. And of course, no police beating would be complete without the application of the taser a few times. Even if the man had been a little unruly, a bit uncooperative, not fully understanding what was happening, there was nothing there to show he was being violent, or to warrant that level of force that we saw used against him.

As a general rule, the police are expected to follow the Use of Force Continuum. Not every department uses the same model, and the standards are not universal among the different models, but generally speaking the principle is to only apply that force which is necessary to safely bring a suspect into custody. As safely as possible for the officer and the suspect I might add. I saw nothing in that video which showed the suspect was assaultive in any way. If there was intentional resistance at all, it appears to have been passive. I didn't see any active resistance as in attempts to break free or flee. Even if that were the case, once the suspect was down, that should have been the extent of the force necessary to pull the suspects arms behind his back and get the cuffs on. Tasing him and breaking five ribs is clearly an excessive use of force in this case.

So what we have seen there, yet again, are a few more instances of gratuitous, unwarranted violence by police against a civilian. Almost every day we see a new video of this nature pop up on YouTube, but we are still expected to believe that these are all "isolated" incidents, the work of  "a few bad apples." Never mind that thousands of cases like this never make it to the light of day. More often than not, the victim is not lucky enough to have a video camera rolling when they are pummeled by police. And without a tape, there is little chance of finding a lawyer who will bother to handle your case. Even with a tape, it is clearly an uphill battle to hold the police accountable for their crimes.

In one instance linked here, a reporter was facing 21 years in prison for airing an excessive force complaint. He was subsequently convicted on three felony counts of violating wiretapping laws, for posting the content on YouTube.

In another incident, a man was arrested and had his head split open by police simply because he asked for a complaint form.

Time and time again I have heard people say something along the lines of "well, if a bad cop does something to you, you should report it to their supervisor." The notion that a civilian can find justice when they are the victim of a crime at the hands of police, or that police will be held accountable for such crimes, is false. How could we possibly expect an officer's supervisor to take such a complaint seriously, when we see what happened in those two incidents above in the main video? The police charged the victims of their brutal assault with a crime, resisting arrest. Not just one "bad apple" but three police officers in these two incidents alone, not only covering for one another but actually participating in the violence. Their supervisors, right on up to the chief of police were well aware of what was on those tapes, yet the charges against the victims stood, and the officers were not held accountable in any way. Beyond the police department protecting their own, the county district attorney's office also saw the tapes, and failed in their duty to even investigate, much less to actually prosecute those officers for the brutal assaults.

How many other cases has the DA's office refused to prosecute over the years, simply because the perpetrators were police officers? How complicit is the top brass in any department, in any county, even in any state, in covering up crimes committed by cops? How many thousands, even millions of people have been viciously beaten, wrongfully prosecuted, and even killed by police, without anyone ever being held accountable and without justice ever being served?

Ladies and gentleman, this is not about running down the police for the sake of running down the police. This is the reality of the totalitarian police-state we now live in. The boys in blue today are no better than the "brown shirt" terrorists who put the Nazis in power. It makes no difference if you are a trouble-maker or an innocent person just going about your business. Any one of you reading this could find yourself, or a loved one, being beaten in the back of a police car in the middle of the night, having your rib cage shattered along some lonely road by a few thug cops, or worse, and there isn't a damn thing you can do about it.

EXTRA:

No sooner had I posted this article, another story popped up that just goes to prove that police can literally get away with murder even when they are caught and prosecuted.

Cop Made Chief After Negligent Homicide Conviction

34,000 People Framed By Drug Lab Tech

The Massachusetts legal system is reeling in the wake of a 27-count indictment against one of their leading laboratory technicians. 35-year-old drug lab worker Annie Dookhan has been accused of tampering with evidence and obstruction of justice.

The full impact of her alleged crimes may never be known, and cannot be overstated. In this day and age of scientific law-enforcement, with so much of the public convinced that laboratory work is the "holy grail" in any criminal prosecution, the integrity of those labs is the pinnacle of public trust; the very bedrock of how we have come to even define justice itself, in so many cases, in the modern era. Popular television shows reinforce this idea that laboratory evidence is irrefutable and absolute. Prosecutors are want to nurture this sentiment among jurors.

Of course, any reasonable person might consider that even in science there are errors from time to time. With DNA evidence for example, we sometimes hear the "odds" of accuracy. Sometimes as accurate as one in a hundred-thousand. Sometimes though, huge odds are defied as in the case of lab analyst Kathryn Troyer, who discovered a near-match defying 1-in-113 billion odds between two felons in the same state.

Accuracy of DNA "Matches" to Definitively Identify Suspects Questioned

What happens though, when we throw in a more human element to the science? Something that undermines even the very best science. Personally, I never really thought too much about it, but always sort of assumed that the relationships between lab staff and the legal system were kept sterile, to a large degree. I assumed that some measures were in place to ensure lab workers were not only ethically impartial, but also that systems of anonymity and lab-controls were in place to reinforce the ethical standard. I even assumed that lab work was double-checked. In other words, I foolishly believed in the system and never thought that something like this could happen. I certainly never thought I would ever see a case of this nature, of such magnitude.

Annie Dookhan began her career at the state's Jamaica Plains drug lab in 2003. In that time, she has handled evidence in more than 34,000 cases. Any convictions stemming from evidence she processed are now likely to be overturned. Worse, this has called into question the integrity of the entire lab, and countless more cases. The lab has since been shut down and numerous people have been fired or resigned, but not before the damage was done.

In June of 2011 she was caught improperly removing drugs from evidence storage in 60 different cases, but apparently her supervisors did nothing to stop her from being involved in more drug cases after that. Later that year she wrote in a private email to Norfolk Assistant ­District Attorney George ­Papachristos, “I have full access to anything and everything, one of the advantages, so some of the other chemists are resentful of me.”

The long and often quite personal email exchanges with Papachristos have been closely scrutinized and seen by many as unethical from both a professional and personal standpoint. Dookhan's marriage has been on the rocks since her husband uncovered emails back in 2009. The prosecutor has not been charged with any crime himself though, and it is not known if the flirtatious banner ever led to more than a handful of personal meetings. Nonetheless, it does show a much closer relationship than one might expect between a prosecutor, and a lab technician who is expected to be impartial. So much so, that Papachristos resigned from the DA's office.

Clearly, from her own words, impartiality was never even something she considered. She did not see her job as being a technician who processes evidence, but rather her stated goal was “getting [drug dealers] off the streets.” It should go without saying here, that this was certainly not her job as a lab technician. Nevertheless she was all too happy to do favors for prosecutors, while shunning defense attorneys even when she was required to give evidence to them. She saw herself as part of the prosecution team, as did many prosecutors themselves, with one declaring "No no no!!! I need you!!!" when Dookhan said she would not be able to testify in a case.

Dookhan is alleged to have lied on the witness stand in court about having a Master's degree in chemistry, and shot out emails giving herself grandiose job titles she simply did not have. In correspondence with various agencies she identified herself  with self-appointed titles like "special agent of operations” or "on-call terrorism supervisor." She even went so far as to create fake email conversations with a US attorney, who's name she misspelled, and forwarded to other recipients.

Assuming of course that all of these allegations are true, one has to wonder how such an obviously pathological liar could go on for so long without anyone bothering to consider that something like this might happen. Police and prosecutors were clearly willing to look the other way and even cultivate a close relationship with Dookhan, to encourage her, in order to secure easy convictions. As of yet, there are no criminal charges against anyone else aside from the lab-tech herself, but it seems clear that ethical and moral obligations were tossed aside in favor of making their jobs easier.

As a result, hundred of millions of dollars have been wasted. Entire careers have been built to be little more than sandcastles. And tens of thousands convicted felons are now poised to flood the streets of Massachusetts, then out across the country. If it was their intent to actually make the public safe, then the government certainly failed miserably in that mandate. Not only because of the threat posed by these potentially dangerous criminals being set loose upon society, but because of the threat posed by the government itself.

It may be all-too-easy to assume that all or even most of these convicts were actually guilty, but that simply does not hold up to the facts, and certainly carries no weight against the core values of our entire justice system. In the face of reasonable doubt, the presumption of innocence is paramount. Without these standards, we might just go ahead and just give the police a license to kill at will and close down the courts.

Understanding this, we must assume now that the government sent more than 34,000 innocent people to prison on the word of just one deluded lab technician. That my friends, is more dangerous than any drug dealer. Even if only in our hearts we assume that just some of these convicts were actually innocent, imagine for a moment that one of them happened to be you, your spouse, your parent or child. Imagine for a moment how many lives have been irreparably laid to waste by the lies of just one woman, and a government who did not care. A government that in fact has a vested interest in securing more convictions even if they are not justified. A government that encouraged this woman to commit her crimes against the people. A government that presumes guilt of anyone who crosses into their sights, and has even dispatched agents to threaten the hundreds of inmates who have already been exonerated.

"We tell them, 'Listen, we know what you were doing before and we're watching you.'" -Boston Police Commissioner, Edward Davis

Perhaps the most frightening aspect to all of this is that this can only be the tip of the iceberg. This woman was so clearly delusional and so easily cultivated this relationship with prosecutors, it begs the question how prevalent this sort of thing is throughout the country. Especially in labs and agencies where this sort of thing is likely done more discreetly. If there are no practical standards in place to prevent something like this from happening, how could we possibly trust that this sort of thing is not rampant? How many lab workers compromise cases for monetary gain, for romantic favors, for promotions, or to simply stroke their own ego? How many might even quietly carry on the work of a zealot in their own private war against people they see as evil? Are we supposed to ignorantly believe that this is simply an isolated incident, one bad apple, and assume that it would never happen again? Are we honestly supposed to believe that some fear of the law will prevent lab-techs from committing these sorts of crimes, when the government itself benefits from these crimes?

If convicted, will Annie Dookhan be sentenced to as much time in prison as the innocent people she put there would have done?


Here are two media stories on the case:

Indicted drug analyst Annie Dookhan’s e-mails reveal her close personal ties to prosecutors

Crime Lab Scandal Leaves Mass. Legal System In Turmoil


Also see these articles and videos:

Mexican drug lord asserts he was working for US government

Obama's Drug War

Afghan Opium Farming Flourishes Under US Protection

Man Shot Dead By Police Home Invaders

Cops Give Free Drugs To Teens For Training

Cocaine Cop Gets 3 1/2 Years

Cops Munch Pot Brownies