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  • Locked thread
Jarmak
Jan 24, 2005

Solkanar512 posted:

Weird, it got really quiet when I pointed out that other industries are held responsible when they're unable to validate their own materials.

Huh.

I've been too busy to be following this thread today, but implementing that sort of accountability requirements for dash/body cams is the absolutely correct way to go as far as reforms for this issue.

I'm curious if any of the lawyers in this thread think it's possible that the accused secured the video himself and him refusing to testify under the fifth is causing a chain of custody issue that prevents them from simply calling a technician. I'm just trying to spitball on what could cause the problem and besides the prosecutor being blindsided by the partner's Alberto Gonzales act it's the only scenario I can think of.

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snorch
Jul 27, 2009
Probation
Can't post for 5 hours!

Dahn posted:

Hmmm I read the article seems legit and not desperately trying paint someone in a bad light.

How loving rageblind do you have to be to miss the fact that it proves the point made?

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



To change the topic a bit, looks like criminal justice reform MAY be getting some traction. Some of the cosponsors/coauthors are names you seldom hear together, like John Cornyn and Sheldon Whitehouse. Too early to tell obviously, and of course there is still some opposition to it, but this could at least be a step in the right direction on that front.

http://www.theatlantic.com/politics/archive/2015/07/congress-obama-criminal-justice-reform/398045/

chitoryu12
Apr 24, 2014

Dahn posted:

Do you have psychic abilities, or are you just imagining these deleted abuses. Cause cops=bad and therefore there must be something secret and hidden.
OMG am I defending cops.


I just see ink Doc....just ink

This article provides multiple sources detailing how the Ferguson PD cleaned out officers' records. And it's known that Wilson had prior arrested a man for filming him and even outright told him that he doesn't have the right to record the incident (which he does).

Dahn
Sep 4, 2004

chitoryu12 posted:

This article provides multiple sources detailing how the Ferguson PD cleaned out officers' records. And it's known that Wilson had prior arrested a man for filming him and even outright told him that he doesn't have the right to record the incident (which he does).

quote:

The fact that Officer Wilson had no disciplinary record is different from the fact that he has no record of using excessive force. It could mean that he was not disciplined for use of force. Or that he never used excessive force. But the information that is coming out on him, in drips and drabs, makes me wonder.

Some of his fellow cops do bad things, so we 'imagine' that he must have done some of those things too.

This could be true.

chitoryu12
Apr 24, 2014

Dahn posted:

Some of his fellow cops do bad things, so we 'imagine' that he must have done some of those things too.

This could be true.

Did you not look at the second link where he arrested a guy for filming him and literally denied that he had the right to record? Like we have video proof that he abused his position.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.
I dont think this has been posted yet.

quote:

A new video out of Philadelphia shows a young Black man being severely beaten and tased by Philadelphia officers in what can only remind you of Rodney King.

On April 3 at approximately 7:30 p.m. Tyree Carroll, 22, was riding his bike on Locust Avenue in Germantown--near his home where he lives with his grandmother Nancy Carroll. According to family members, Tyree was stopped by a police officer for going the wrong way on a one-way street.

When he was stopped by the police officer, Tyree obeyed and got off of his bike and spoke with the officer. The officer then proceeded to put Tyree’s hands behind his back before four policemen were suddenly on top of him. One police officer put Tyree in a chokehold and wrestled him to the ground.

Officers repeatedly struck him with their fists. They kicked him and hit him with a nightstick.

The cops can be heard yelling “tase the motherfucker” and called Tyree a “piece of poo poo."

Before long the video shows that there were more cops participating in the beating, tasing, kicking and punching of a screaming Tyree. Tyree was screaming and yelling for his grandmother Nancy to come to the door and can be heard saying that he was sorry.

Witnesses counted 24 white and 2 Black police officers and 11 police cars at the scene. They say Tyree was tased 4 to 5 times before being placed in a police car and taken to Einstein Medical Center. Tyree's medical records have not been obtained by his family yet.

Two neighbors videotaped the vicious beating on their cell phones. One video was too dark to be useful, but the other captured the incident quite graphically and included a narration by the witness.

Tyree was initially charged with aggravated assault, simple assault, recklessly endangering another person, resisting arrest and several drug charges stemming from a small amount of crack cocaine allegedly found on him.

At Tyree's preliminary hearing on June 30 all of the charges were maintained, except for one of the assault charges which was reduced to a second degree felony. His case has been ordered to go to trial. The bail was decreased from $15,000 to $5,000 but Tyree was still ineligible to be released on bail due to a probation violation on a previous case. Tyree's next court appearance will be his arraignment hearing scheduled for July 21. He is currently being represented by a public defender.

I'm told that the arresting officer was John Ellis with the Philadelphia Police Department's narcotics squad. Ellis testified at Tyree's preliminary hearing that the incident began when he allegedly observed a couple of men doing what looked like a drug transaction on the corner of Chew and Chelten in Germantown. Ellis allegedly observed Tyree walking up to and speaking with the men. The officer said he saw no money or goods change hands. Ellis went on to explain when he later saw Tyree on his bike he stopped him saying he was riding his bike the wrong way on a one-way street. Another officer also testified at the preliminary hearing and both cops claim Tyree bit them while trying to get away and claimed they had to go to the hospital and were put on antibiotics. They both admitted to punching and hitting Tyree with billy clubs, but not kicking or tasering him as could be seen in the video. Ellis said he knows Tyree and that "he's a nice guy" and that when Tyree was in the back of the police car on the way to the hospital following the beating Tyree apologized to him saying "I bad, I bad."

The family is currently working with the public defender to try and get Tyree out of jail on bail and the charges against him dropped.

there is also video of ths whole thing. https://www.youtube.com/watch?v=i6tSl-Ff8Qs

http://www.nbcnews.com/news/crime-courts/philadelphia-police-investigate-video-man-beaten-cops-n389731

Terraplane
Aug 16, 2007

And when I mash down on your little starter, then your spark plug will give me fire.
The person chosen to lead the grand jury that will probably oversee the Waco biker shootout cases just so happens to be a Waco police detective. According to the city his presence is a result of their completely random method of picking jurors. It's just coincidental that, in a city of 120,000 people, a cop was picked. The article specifically mentions him entering the grand jury chamber wearing his gun and badge, which I'm sure couldn't be considered intimidating to anybody else on the jury.

As a layman, this seems like a rather massive conflict of interest. If it isn't blatant corruption, it's about how I imagine blatant corruption to look. Is this really an acceptable practice?

Link

Terraplane fucked around with this message at 21:12 on Jul 10, 2015

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
In California, LEOs are explictly banned from juries.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Terraplane posted:

The person chosen to lead the grand jury that will probably oversee the Waco biker shootout cases just so happens to be a Waco police detective. According to the city his presence is a result of their completely random method of picking jurors. It's just coincidental that, in a city of 120,000 people, a cop was picked. The article specifically mentions him entering the grand jury chamber wearing his gun and badge, which I'm sure couldn't be considered intimidating to anybody else on the jury.

As a layman, this seems like a rather massive conflict of interest. If it isn't blatant corruption, it's about how I imagine blatant corruption to look. Is this really an acceptable practice?

Link

It's the normal jury selection practice. There is nothing about it suggesting corruption.

Terraplane
Aug 16, 2007

And when I mash down on your little starter, then your spark plug will give me fire.
This is the jury that will (again, probably) be investigating not only the bikers, but the police response as well. I guess I'm more than a little shocked that this is ok, it's setting up a huge conflict of interest.

Eggplant Squire
Aug 14, 2003



The union president already talked about this one saying that the guy was clearly resisting.

quote:

I did view the video, and it shows that policing in Philly isn't pretty. He's fighting. He's waving his arms. He's biting the police officer at least twice. This is good policing. Their sole job in that moment was to police narcotics. You're allowed to use force at times,"¯ union president John McNesby told Newsweek in a phone interview. "Unfortunately, these guys were bit. You're allowed to use force to effect an arrest. They took narcotics off the street and took the man off the street.

Good policing boys!

Dahn
Sep 4, 2004

chitoryu12 posted:

Did you not look at the second link where he arrested a guy for filming him and literally denied that he had the right to record? Like we have video proof that he abused his position.

I had seen it before. His behavior is typical of cops in a low income neighborhood. Cops lie to people all day, they are not required to tell the truth, and they don't. I have lived in some poorer areas of town in the past (cause I was poor) and the cops were all Aholes.

This Darren guy could be a complete Dbag. I don't know him, and I never will cause I don't hang out with cops. (they all catch that "everyone is a potential criminal" disease)

There are a lot of people out there who searching for dirt on this guy. If he was such a total POS you think someone would have found something. Everyone need to justify their hatred of the man, and if he's just a typical cop that doesn't seem good enough.

Sorry but all your e-rage has been directed at normal cop in a lovely urban police department. That doesn't make you a bad person, just an angry one.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Terraplane posted:

This is the jury that will (again, probably) be investigating not only the bikers, but the police response as well. I guess I'm more than a little shocked that this is ok, it's setting up a huge conflict of interest.

a. This is the grand jury,

b. This is a randomly selected jury,

c. The judge listed him as qualified,

d. The system that this jury selection system replaced was laughably vulnerable to abuse.

Dahn
Sep 4, 2004

nm posted:

In California, LEOs are explictly banned from juries.

They automatically dismiss the cops in Texas too.
At least in every jury pool I have sat in here.

This seems odd.

Terraplane
Aug 16, 2007

And when I mash down on your little starter, then your spark plug will give me fire.

Discendo Vox posted:

d. The system that this jury selection system replaced was laughably vulnerable to abuse.

You say this is standard practice and I'll take your word for it, but I'd argue that a Waco cop leading a grand jury investigating other Waco cops indicates that we still have a system laughably vulnerable to abuse.

Kalman
Jan 17, 2010

Discendo Vox posted:

It's the normal jury selection practice. There is nothing about it suggesting corruption.

The failure to dismiss for cause, on the other hand...

Devor
Nov 30, 2004
Lurking more.

Terraplane posted:

You say this is standard practice and I'll take your word for it, but I'd argue that a Waco cop leading a grand jury investigating other Waco cops indicates that we still have a system laughably vulnerable to abuse.

If you randomly select someone who is biased, that's just like, the system man. Can't do anything about it. We can't change things, just have to roll with the punches.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Kalman posted:

The failure to dismiss for cause, on the other hand...
Honest question, do grand juries dismiss for cause? I was under the impression the defense didn't need to be present or even aware of grand juries.
edit:
Also I think this is the sort of grand jury that sits on multiple cases, so I'm unclear on how you would dismiss on a case by case basis.

twodot fucked around with this message at 22:00 on Jul 10, 2015

VitalSigns
Sep 3, 2011

If we're worried about conflict of interest or favoritism, all we have to do is wait for the results of the grand jury, if there's no indictment then we know there's no wrongdoing because that's what grand juries are for

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
After rereading the article, there will be a separate jury to review the police actions:

"A grand jury, at some point, also will review Waco police officers’ actions in response to the melee that broke out between rival biker groups that day."


On closer examination, no one knows whether or not this panel will hear either the cases against the gang members, or the cases reviewing police behavior.

The only reason it's news is because Texas was the last state to drop the old jury selection method, and this is one of or the first panels to be created since that change.

The detective works theft and has no identified ties to any of the defendants at issue.

twodot posted:

Honest question, do grand juries dismiss for cause? I was under the impression the defense didn't need to be present or even aware of grand juries.
edit:
Also I think this is the sort of grand jury that sits on multiple cases, so I'm unclear on how you would dismiss on a case by case basis.

Grand juries dismiss for cause. You are correct about the multiple cases issue- Terraplane and others appear to be taking the position that people with ties to law enforcement can never serve on grand juries. Some states bar law enforcement from being on grand juries, although I believe that practice has diminished over time.

Discendo Vox fucked around with this message at 22:06 on Jul 10, 2015

Dead Reckoning
Sep 13, 2011

Discendo Vox posted:

After rereading the article, there will be a separate jury to review the police actions:

"A grand jury, at some point, also will review Waco police officers’ actions in response to the melee that broke out between rival biker groups that day."

The detective works theft and has no identified ties to any of the defendants at issue.
Even if the detective has no apparent ties to the case, I think would be good practice to bar law enforcement from juries in order to avoid the appearance of impropriety or undue influence on the other jurors.

DARPA
Apr 24, 2005
We know what happens to people who stay in the middle of the road. They get run over.
It's been clearly stated by many in the thread that police officers understandably fail at their police duties when it concerns officers they know because they can't control their feelings. Can we really expect an officer to handle his jury duty without getting all worked up and irrational?

Dead Reckoning
Sep 13, 2011

DARPA posted:

It's been clearly stated by many in the thread that police officers understandably fail at their police duties when it concerns officers they know because they can't control their feelings. Can we really expect an officer to handle his jury duty without getting all worked up and irrational?
This would be a super relevant post if the officer remained on the jury despite personally knowing one of the defendants.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Dead Reckoning posted:

Even if the detective has no apparent ties to the case, I think would be good practice to bar law enforcement from juries in order to avoid the appearance of impropriety or undue influence on the other jurors.

There's a general movement against categorical bars to service on juries, especially grand juries- it's viewed as antirepublican and antidemocratic. A better focus would be on the rationale behind Head's selection as foreman- I think I'd need to know more about normal foreman selection practices and rationales in Texas to be able to evaluate that. The fact that this happened in Waco is not meaningful.

Discendo Vox fucked around with this message at 22:21 on Jul 10, 2015

Terraplane
Aug 16, 2007

And when I mash down on your little starter, then your spark plug will give me fire.

Discendo Vox posted:

After rereading the article, there will be a separate jury to review the police actions:

"A grand jury, at some point, also will review Waco police officers’ actions in response to the melee that broke out between rival biker groups that day."

I don't see how this indicates that it will be a different grand jury from the one we've been talking about though. The article does mention that the detective can step out while others vote if he has a conflict. That's fine, except that relies on him actually doing it and it still means that any jurors who might vote to indict a Waco PD officer will have to deal with a Waco PD officer before and after their vote. Maybe I'm just a big baby of an outlier but I would be hugely uncomfortable in that situation.

quote:

Terraplane and others appear to be taking the position that people with ties to law enforcement can never serve on grand juries.

Now that you mention it I think they probably shouldn't, but thus far my concern has really been that people with ties to law enforcement shouldn't serve on grand juries that will investigate members of law enforcement. I think that first part is simply a good idea, but the second part should be imperative.

Kalman
Jan 17, 2010

DARPA posted:

It's been clearly stated by many in the thread that police officers understandably fail at their police duties when it concerns officers they know because they can't control their feelings. Can we really expect an officer to handle his jury duty without getting all worked up and irrational?

No, like normal human beings we would expect them to show biases in dealing with people they know personally and should be dismissed because of those biases. (Again, like normal people.)

twodot posted:

Honest question, do grand juries dismiss for cause? I was under the impression the defense didn't need to be present or even aware of grand juries.
edit:
Also I think this is the sort of grand jury that sits on multiple cases, so I'm unclear on how you would dismiss on a case by case basis.

Yeah. Texas's rule is captured under Article 19 of their crim procedure rules. And you just dismiss them from hearing that case and seat an alternate; they come back for the next case.

chitoryu12
Apr 24, 2014

Dahn posted:

There are a lot of people out there who searching for dirt on this guy. If he was such a total POS you think someone would have found something. Everyone need to justify their hatred of the man, and if he's just a typical cop that doesn't seem good enough.

Okay, it's literally been proven that Darren Wilson worked for a police department that hasn't been properly recording and archiving incidents of abuse and violence with its officers and you just threw up your hands and went "Welp, if we can't find it the proof must not exist!"

I hope nobody ever lets you hit the backspace key.

Dahn
Sep 4, 2004

chitoryu12 posted:

Okay, it's literally been proven that Darren Wilson worked for a police department that hasn't been properly recording and archiving incidents of abuse and violence with its officers and you just threw up your hands and went "Welp, if we can't find it the proof must not exist!"

I hope nobody ever lets you hit the backspace key.

Actually, that is sort of what I said.

The difference between us is, you assume he is a bad cop cause he worked for a bad department. (they destroyed the evidence) This is not entirely crazy, but you are making some big assumptions.

I think that there is a whole bunch of people out there that have been trying to find dirt on this guy for almost a year, and so far nothing. "Welp, if we can't find it the proof must not exist!" So I entertain the idea that maybe he is just a run of the mill cop.

If they do discover that he was a cannibal rapist in another life, then I will be wrong (not the first time)

I don't get the backspace reference. Is that an internet curse? Am I supposed to throw salt over my shoulder, or kill a chicken to ward off the evil mojo.

Dirk the Average
Feb 7, 2012

"This may have been a mistake."

Discendo Vox posted:

There's a general movement against categorical bars to service on juries, especially grand juries- it's viewed as antirepublican and antidemocratic.

In this case though, they control everything leading up to the trial, so they have much more input than your average citizen. It's tricky because the more or less represent the state in matters of law enforcement, which makes it odd for them to be part of any case that involves the state.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Dirk the Average posted:

In this case though, they control everything leading up to the trial, so they have much more input than your average citizen. It's tricky because the more or less represent the state in matters of law enforcement, which makes it odd for them to be part of any case that involves the state.

That's...not even kind of how grand juries work, and law enforcement officers are not an undifferentiated mass of state representative entities. They're also individuals and citizens.

chitoryu12
Apr 24, 2014

Dahn posted:

Actually, that is sort of what I said.

The difference between us is, you assume he is a bad cop cause he worked for a bad department. (they destroyed the evidence) This is not entirely crazy, but you are making some big assumptions.

I think that there is a whole bunch of people out there that have been trying to find dirt on this guy for almost a year, and so far nothing. "Welp, if we can't find it the proof must not exist!" So I entertain the idea that maybe he is just a run of the mill cop.

If they do discover that he was a cannibal rapist in another life, then I will be wrong (not the first time)

I don't get the backspace reference. Is that an internet curse? Am I supposed to throw salt over my shoulder, or kill a chicken to ward off the evil mojo.

I assume he's a bad cop because he has proven, documented instances of abusive behavior (including, you know, killing an unarmed cigarillo thief) and is in a department that claimed that he was a sterling officer while simultaneously deleting or not keeping records of abuses. Like, it would be pretty dumb to assume that he's not a lovely cop after all of that. Just because denying people their rights and arresting them for spurious reasons isn't unusual in the United States doesn't mean he's no longer bad at being a police officer.

The backspace reference was a joke about how you apparently think that if something was deleted, it probably never existed in the first place because now nobody can find it.

Kalman
Jan 17, 2010

chitoryu12 posted:

I assume he's a bad cop because he has proven, documented instances of abusive behavior (including, you know, killing an unarmed cigarillo thief)

You didn't read DoJ's report on that, did you.

chitoryu12
Apr 24, 2014

Kalman posted:

You didn't read DoJ's report on that, did you.

This is gonna be rich.

Kalman
Jan 17, 2010

chitoryu12 posted:

This is gonna be rich.

Have you read it?

chitoryu12
Apr 24, 2014

Kalman posted:

Have you read it?

You haven't even said what your argument or point is. I'm not getting in a debate with you until I get more than a one-liner.

Kalman
Jan 17, 2010

chitoryu12 posted:

You haven't even said what your argument or point is. I'm not getting in a debate with you until I get more than a one-liner.

My point is that the DOJ investigation (which spent a lot more time on the topic than you did) contradicts your argument that what Wilson did was abusive, supported by numerous witnesses and forensic evidence. Also of note:

quote:

Witnesses Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Inculpate Wilson
There are no witnesses who fall under this category.

But I'm not summarizing a report which has a perfectly good summary built in. You should read it.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Adding to the idea that Obama might try to make CJ reform his final push in office, he's going to be visiting a prison for an HBO special soon.

http://variety.com/2015/tv/news/obama-prison-visit-vice-hbo-1201537726/

Dead Reckoning
Sep 13, 2011

Shooting Blanks posted:

Adding to the idea that Obama might try to make CJ reform his final push in office, he's going to be visiting a prison for an HBO special soon.

http://variety.com/2015/tv/news/obama-prison-visit-vice-hbo-1201537726/

Secret Service guys must be drinking whiskey straight from the bottle right now.

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OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

Kalman posted:

You didn't read DoJ's report on that, did you.

I liked the bit where one of the witnesses interviewed by the Feds described Brown as having the stature of the Giant. (Paraphrasing)

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