Cops Threaten a Blue Coup in New York City

by BAR executive editor Glen Ford

BAR's executive editor Glen Ford

BAR’s executive editor Glen Ford




 

And now a word from the Editors of The Greanville Post


FRIENDS AND FELLOW ACTIVISTS—

AS YOU KNOW, THERE’S A COLOSSAL INFORMATION WAR GOING ON, AND THE FATE OF THE WORLD LITERALLY HANGS ON THE OUTCOME.

THEIR LIES.
THEIR CONSTANT PROPAGANDA.

OUR TRUTH.

HUGE ISSUES ARE BEING DECIDED: Nuclear war, whether we’ll live in democracy or tyranny, dignity or destitution, planetary salvation or doom…
It’s a battle of communications we can’t afford to lose. 


So, we request that you do something.
Reading is not enough. Action of some sort is needed.

Start with something simple: Share our posts.
If you don’t, how can we ever neutralize the power of the corporate media?

And if you took the time to read this article, and found it worth SHARING, then why not sign up with our special bulletin to be included in our future distributions? And please tell others about The Greanville Post. 


YOUR SUBSCRIPTIONS (SIGNUPS TO THE GREANVILLE POST BULLETIN, SEE BELOW) ARE COMPLETELY FREE, ALWAYS. AND WE DO NOT SELL OR RENT OUR EMAIL ADDRESS DATABASES—EVER. That’s a guarantee.

 




Those Who Protect Bad Cops Have Blood On Their Hands, Perpetuate Criminal Cop Culture

PBA-PatrickLynchCelebratesJuryVerdict-GarnerCase

PBA’s Patrick Lynch denounces NYC Mayor de Blasio for “throwing cops under the bus,” while celebrating the grand jury verdicts, especially in the Eric Garner case. (YouTube screen grab)

By Rob Kall, Editor, OpEd News

[dropcap]For the culture[/dropcap] Pat Lynch, the head of the largest NY Police union– PBA– has blamed Mayor Bill de Blasio and US Attorney General Eric Holder for the killings of two police officers, saying their blood is on de Blasio’s hands. It ends up that Lynch has attacked every one of the past six mayors of NYC.

Lynch is an attack dog. Lynch is the one who has the blood of two police officers on his hands. Lynch has the blood of Eric Garner on his hands.


The negative reaction to the recalcitrant cops who continue to circle the wagons professing sanctimony and innocence in the face of undeniable evidence to the contrary has been noted in many social media, including YouTube.

Lynch is a huge part of the problem with police who kill. As leader of a large union, that makes the union a major part of the problem.

The union is unquestioning in its support of bad cops. It protects and fights for bad cops– criminal, murdering cops.


Published on Dec 4, 2014

In a press conference at PBA headquarters, PBA president Pat Lynch slammed Mayor de Blasio for “throwing New York City police officers under the bus” following a Staten Island grand jury’s decision not to indict P.O. Daniel Pantaleo in the death of Eric Garner.

For the culture that supports and defends criminality among police to change, the elements that maintain the culture must change. That means that the head of the “snake”– Pat Lynch has to go. Unions with mentalities that back up criminal police officers have to go.

The right wingers (figures like Rudi Giuliani) who run cover for bad cops need to be called out again and again. That should be the job of the mainstream media. They could at least offer an equal voice to people protesting against police killings. [Of course, they rarely do.—Eds)

Until the police and their unions and supporters make it clear that they acknowledge that there ARE bad cops and they have to be held accountable, ALL police are going to get a bad rap that they don’t deserve.

As Rabbi Michael Lerner has said, until grand jury prosecutors start doing their jobs, THEY are putting good cops at risk. THEY are giving all cops a bad reputation. This should be an idea that gets more attention.

I hope there are some police officers who get it that Police union head Pat Lynch really does have blood on his hands, that every police union leader, ever prosecutor, every mayor, every pundit and politician who makes excuses for bad cops who kill is contributing to the murders of cops.

So speak out. Tell the police you see on the street that if they are honest that they have to police their own, that the old ways are bad for police, bad for America. And since the USA sets a very bad example that will be cited by police all over the world. A bad cop in NYC or Ferguson can lead to victims in every continent on the planet.

But if you do speak to police, do it nicely, from your heart, not from anger. This is a very touchy issue that has police feeling very defensive. So, don’t do it if you’re stopped by a cop. Do it when you see a cop in a place where you are not at risk of being mistreated or abused.


ABOUT THE AUTHOR

Rob Kall is the founding editor of Opednews.com– which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from a predominantly authoritarian matrix to a bottom-up one (egalitarian, local, interdependent, grassroots). 


Source: http://www.opednews.com/populum/printer_friendly.php?content=a&id=186225


PBA Blasts “Anti-Police Rhetoric” After Eric Garner Death

Published on Aug 5, 2014

By: NY1 News Updated 8/5/2014 – 6:01 PM

Leaders of two police unions had some strong words Tuesday over what they are calling anti-police rhetoric in the wake of the death of Eric Garner last month.



APPENDIX I

Surprisingly
, the mainstream media, including the NYC metro tabloids that pretend to care for the working class have been divided by Lynch’s deranged accusations. The New York Post, a filthy tabloid controlled by Rupert Murdoch, the master of Fox News, an unmatched massmind polluter, has not surprisingly sided with Lynch, but the equally influential Daily News actually came out speaking in critical tones of the PBA’s chief.


BELOW, SEE EXCERPTS FROM THE DAILY NEWS EDITORIAL AND OTHER MEDIA ON LYNCH’S RHETORIC, INCLUDING THE VOCALLY CRITICAL, AND SPOT ON, GAWKER.COM ANALYSIS.
[learn_more caption=”Cop leader Pat Lynch recklessly targets enemies, including Mayor de Blasio
“]

Police union chief Pat Lynch recklessly targets “enemies,” including Mayor de Blasio

NEW YORK DAILY NEWS

Friday, December 19, 2014, 4:05 AM

“Apparently believing his own angry, divisive rhetoric hasn’t done the trick, Patrolmen’s Benevolent Association President Patrick Lynch has moved into calling on cops to split New York into their friends and their enemies. A recording of Lynch addressing PBA delegates reveals that he is also pointing his members toward an unlawful rule-book slowdown as a tactic in warring with Mayor de Blasio.

“If we won’t get support when we do our jobs, if we’re going to get hurt for doing what’s right, then we’re going to do it the way they want it. Let me be perfectly clear. We will use extreme discretion in every encounter,” Lynch said, adding: “Our friends, we’re courteous to them. Our enemies, extreme discretion. The rules are made by them to hurt you. Well, now we’ll use those rules to protect us.” He went on: “There’s a book they make for us where, if you carried it with you, you won’t need to go to the gym. Every time there’s a problem, they tell us what we can’t do. They tell us what we shouldn’t do. They never tell us what we can do. “We’re going to take that book, their rules, and we’re going to protect ourselves, because they won’t. We will do it the way they want us to do it. We will do it with their stupid rules, even the ones that don’t work.”

READ THE REST


For its part, Newsweek, struck a more conciliatory tone, posting a more polished essay on Lynch, suggesting some explanations of why he sees the world through such a thuggish  fascistic prism:

It takes Patrick Lynch a very long time to get around New York: Merely walking to his SUV, parked around the corner from his office at the tip of lower Manhattan, can take 15 minutes. That’s because Lynch makes a point of shaking hands with every police officer within about a 20-foot range. A more distant officer will get a wave and a shouted greeting. The flesh-pressing is mostly just saluting the troops, but it is also good politics, since Lynch is up for reelection next year (his fifth term). With his graying hair perfectly slicked back and a pinstripe suit outlining solid features, Lynch has neatly transitioned from policing to politics.

The PBA’s communications director, Al O’Leary, believes Lynch is the most powerful police union chief in the world: His union has twice as many members as Chicago does police officers. Lynch’s loudest critics—for example, a city councilman who had once been a Black Panther and deemed the PBA the “Police Brutality Association” after the Stansbury shooting—would be dismayed to know how little impact they have on his ironclad convictions. He is not reflective, nor is he paid to be. His job is to be the strident, unflagging voice of his beat cops in contract talks and grievance hearings.

But as crack dens become condominiums, memories fade. In recent years, police officers have frequently found themselves vilified both by poor minorities pushed by gentrification into ever-more-distant neighborhoods and by the upper-middle-class whites who have replaced them in “up-and-coming” areas.

Perhaps that’s because cops serve as an uncomfortable reminder of what it takes to make Brooklyn a playground for the Lena Dunhams of this world. Like teenagers, we chafe at them, doubly so because we badly need them. Not that those who enforce the law always abide by it. To an unabashed cop defender like Lynch, what he says are rare instances of police misbehavior have received an inordinate response that points to a deeper antipathy, a growing ingratitude. “Maybe we’re forgetting what it felt like to be afraid,” he says with something approaching bitterness.

‘A Bunch of Thugs… ’

Patrick Lynch, now 51, was reared in Bayside, Queens, the last of seven children in an Irish-Catholic family. He went to Monsignor Scanlon High School, in the Bronx. There, he met Kathleen Casey, who became his wife. They have two sons. One is a police cadet. The other is a police officer. Lynch still lives in Bayside, close to where he was raised.

Nevertheless, recent events have provided a vexing challenge to Lynch: New York has never been safer, and the police have never been less popular. Last spring, the NYPD’s social media team encouraged city residents to use the #MyNYPD hashtag to tweet selfies with police officers. Within hours, Twitter exploded with photographs, coded with the hashtag, of NYPD officers looking like brutal foot soldiers of the 1 percent, swinging fists and crushing windpipes. Many were outraged by the social-media subversion, with the Daily News suggesting, in an editorial titled #ourNYPD, that the image of the NYPD as “a bunch of thugs haphazardly wielding force is gross, sloppy and plain wrong.” Yet a point had been made, in the plain sight of millions.

Lynch thinks that maybe it got too “good on the streets,” and that people have forgotten that they need the police. He thinks they will soon remember. He says he has seen an uptick in graffiti while driving around Brooklyn and Queens, a sure sign that the bad old days are returning.

A Slap in the Face

BY  ALEXANDER NAZARYAN  / OCTOBER 22, 2014)

Finally, for this roundup, we repost here some passages from a fraternal site, gawker.com. In a piece signed by J. K. Trotter, gawker.com stated,

“Patrick Lynch is the 51-year-old president of the Patrolmen’s Benevolent Association, the largest and most influential union of the New York City Police Department. You might recognize his name: Over the weekend, Lynch blamed Bill de Blasio for the Saturday deaths of two Brooklyn cops who were murdered by a lone gunman from Georgia. “That blood on the hands,” he said at a press conference, “starts on the steps of City Hall, in the office of the mayor.” 

To understand why he would say something so wrong and inflammatory, you need to delve into Lynch’s long, checkered history of issuing similarly insane statements. His public declarations over the past 15 years are essentially pro-police agitprop: Cops can do no wrong, while victims of their state-sanctioned violence always had it coming. They are also a deep well of masculine anxiety, hurt feelings, and barely disguised racism…”

Trotter proceeded to provide a list of Lynch’s big mouth “hits” over the years. He advised, “Please consult them whenever he opens his mouth in the future.”

[/learn_more]




 

And now a word from the Editors of The Greanville Post


FRIENDS AND FELLOW ACTIVISTS—

AS YOU KNOW, THERE’S A COLOSSAL INFORMATION WAR GOING ON, AND THE FATE OF THE WORLD LITERALLY HANGS ON THE OUTCOME.

THEIR LIES.
THEIR CONSTANT PROPAGANDA.

OUR TRUTH.

HUGE ISSUES ARE BEING DECIDED: Nuclear war, whether we’ll live in democracy or tyranny, dignity or destitution, planetary salvation or doom…
It’s a battle of communications we can’t afford to lose. 


So, we request that you do something.
Reading is not enough. Action of some sort is needed.

Start with something simple: Share our posts.
If you don’t, how can we ever neutralize the power of the corporate media?

And if you took the time to read this article, and found it worth SHARING, then why not sign up with our special bulletin to be included in our future distributions? And please tell others about The Greanville Post. 


YOUR SUBSCRIPTIONS (SIGNUPS TO THE GREANVILLE POST BULLETIN, SEE BELOW) ARE COMPLETELY FREE, ALWAYS. AND WE DO NOT SELL OR RENT OUR EMAIL ADDRESS DATABASES—EVER. That’s a guarantee.




Taking the Initiative Back For the Movement After the Brinsley Killings

by BAR managing editor Bruce A. Dixon


Mayor de Blasio has been vilified by police mouthpieces, who are darkly insinuating they won't protect the Mayor. Fascistic thuggery under the guise of the First Amendment and defense of union rights.

NYC Mayor de Blasio has been vilified by police mouthpieces, who are darkly insinuating they won’t protect the Mayor or anyone who does not condone police’s implicit call for a lack of accountability. Fascistic thuggery under the guise of the First Amendment and defense of union rights. (Flickr)




 

And now a word from the Editors of The Greanville Post


FRIENDS AND FELLOW ACTIVISTS—

AS YOU KNOW, THERE’S A COLOSSAL INFORMATION WAR GOING ON, AND THE FATE OF THE WORLD LITERALLY HANGS ON THE OUTCOME.

THEIR LIES.
THEIR CONSTANT PROPAGANDA.

OUR TRUTH.

HUGE ISSUES ARE BEING DECIDED: Nuclear war, whether we’ll live in democracy or tyranny, dignity or destitution, planetary salvation or doom…
It’s a battle of communications we can’t afford to lose. 


So, we request that you do something.
Reading is not enough. Action of some sort is needed.

Start with something simple: Share our posts.
If you don’t, how can we ever neutralize the power of the corporate media?

And if you took the time to read this article, and found it worth SHARING, then why not sign up with our special bulletin to be included in our future distributions? And please tell others about The Greanville Post. 


YOUR SUBSCRIPTIONS (SIGNUPS TO THE GREANVILLE POST BULLETIN, SEE BELOW) ARE COMPLETELY FREE, ALWAYS. AND WE DO NOT SELL OR RENT OUR EMAIL ADDRESS DATABASES—EVER. That’s a guarantee.

 




The Black Panthers Had the Right Idea

Who will Protect and Defend Black Life?

 Black Panther Party - 1960s
CLICK ON IMAGES TO ENLARGE

THANDISIZWE CHIMURENGA 

[dropcap]It’s kind of fitting[/dropcap] that police officers Darren Wilson and Daniel Pantaleo, murderers of Mike Brown in Missouri and Eric Garner in New York, were cleared of criminal wrong-doing in the last several weeks. The eruption of protest, activism and organizing in response to the (bad) decisions of legal bodies to not hold these officers accountable for their crimes has occurred at a time of special significance for the legacy of the Black Panther Party (BPP).

October 15th saw the 48th anniversary of the birth of the BPP in Oakland, CA.  Originally named the Black Panther Party for Self-Defense, the BPP had a self-defense strategy against the brutal terror of the police. The strategy unashamedly and unapologetically maintained that Black people have human rights that are to be respected, including the right of armed self-defense, and BPP members had a right to intervene with those arms if necessary when law enforcement – those touted as the ones whose job was allegedly to protect and serve – violated those rights. In Los Angeles, the month of October also saw the deaths of Ronald and Roland Freeman, brothers who were co-founders and leading members of the Southern California Chapter of the Black Panther Party.  Ronald and Roland, who were born one year apart and died one week apart, were also survivors of the Dec. 8, 1969 shootout with the Los Angeles Police Department’s SWAT team on 41st Street and Central Avenue. The pre-dawn attack, the SWAT team’s first major engagement, lasted 5 hours and saw 13 members of the BPP stand trial for attempted murder of police officers. All 13 of the Panthers would eventually be acquitted of all charges in December, 1971 due to the illegal actions of the LAPD.

One day after the New York grand jury failed to indict Pantaleo (Dec. 4) came the 45th anniversary of the murders of Mark Clark and Fred Hampton by Chicago Police. The pre-dawn “shoot in” was the result of collusion between the local police, the Federal Bureau of Investigation and the Illinois State’s Attorney’s office to neutralize Hampton and the work of the Illinois Panther Party.


BPP3-PoliceFrisk-Humiliate

Images from films and popular culture saturate our consciousness of stern-looking, black leather-jacketed and black beret-wearing young men (predominantly) holding shotguns, some with bandoliers strapped across their chest.  Those images are intended to instill fear and, in today’s climate, a bit of incredulousness.  Along with those images are the mischaracterizations and outright lies that the BPP wanted to kill whites and police officers. Racist white police officers – overzealous in the performance of their “duties” – often bore the brunt of the Panthers’ strategy but the BPP understood it was not about individual officers but a system that allowed for violations of Black life.  With law texts in one hand and guns in the other, police officers that were observed violating the human rights and dignity of Blacks were confronted with a choice.  The majority of those confrontations were resolved without fanfare or gunplay.

Protecting Black Life

black_panthers_in_marvel_uThe Panthers’ self-defense strategy is primarily ridiculed and condemned as militarist and adventurist but rarely acknowledged as a central tenet of human rights activism. If we focus on the idea of the Black Panther Party for Self Defense and not the image we have been given, the idea makes perfect sense.

Imagine that, instead of bystanders filming CHP Officer Daniel Andrew mercilessly beating a helpless Marlene Pinnock by the side of the I-10 freeway last August, a handful of those bystanders had trained their weapons on Andrew, demanded he cease and desist, handcuffed him and waited until a commander from the CHP arrived on the scene?

Another scenario: imagine if, in addition to Ramsey Orta filming the murder of Eric Garner by Pantaleo, bystanders had intervened and subdued Pantaleo who continued to keep Garner in a chokehold after Garner was on the ground and complaining of not being able to breathe?

Or: if some of the residents of Canfield Green Estates in Ferguson, MO, had surrounded Officer Darren Wilson after he had emptied his service weapon in a populated apartment complex in broad daylight, killing Mike Brown with six shots; what if those residents had surrounded Wilson and demand that he cease and desist, disarmed and handcuffed him, and then delivered him to the Ferguson Police Department? In spite of the shenanigans of the Ferguson PD, imagine: in all instances, Black lives could have been spared; abusive police officers would have been immediately neutralized; and the citizens themselves would have played a role in maintaining a safe and secure environment for themselves and their families.

Imagine.

BPP2

Thousands of people rally at the Hall of Justice in downtown Los Angeles December 11, 1969, three days after the LAPD’s SWAT unit illegally attacked the Southern California Chapter of the Black Panther Party headquarters on 41st Street and Central Avenue in South Los Angeles (Los Angeles Herald Examiner Newspaper).

The characterization of the BPP via popular culture and law enforcement lies does not match the current reality of police murders occuring today. The overwhelming majority of police murder victims that activists have been calling attention to were either unarmed or nonthreatening at the time of their deaths, calling into question why there was a need for police presence at all; or the officers lied and/attempted to cover-up their crimes. In both instances, the legal system which claims both moral authority and jurisdiction over such matters has failed to hold police accountable for their crimes or secure a modicum of punishment for the officers’ crimes. That translates into a lack of respect for and protection of Black life.

Who will protect and defend Black life when those who are charged with protecting and serving are the very ones who violate our right to life … unjustifiably and with impunity?

Who?

The murders of Garner, Brown and countless others have unleashed a fury of activism and organizing not seen since the BPP was on the American landscape.  This current iteration of activity, like many of its predecessors, has connected the dots of racism, militarism and economic exploitation that Dr. Martin Luther King, Jr. talked about. They have linked the heightened militarism and terrorism of local police with U.S. foreign policy, and laid bare a domestic policy that relies on punitive measures such as stop-and-frisk and.over-incarceration to the shredding of a social safety net. The bulk of the activism and organizing of these young people has involved direct-actions and civil disobedience. The majority of their actions have been nonviolent. The majority of actions in opposition to them – by law enforcement and right-wing, white supremacist organizations such as the Ku Klux Klan – have been violent or encouraged the use od violence. This is unacceptable.

black-panthers-seattle-1969-armed-on-capitol-steps-600x350

Huey Newton and Bobby Seale, co-founders of the BPP, believed the organization to be following in the logical footsteps of Malcolm X who believed in the sanctity and the assertion of Black peoples’ human rights “by any means necessary.” Malcolm X was seen as a necessary – and scarier – counterbalance to Dr. King. In order for this new movement to be successful, a movement currently challenging the failure of the legal system to hold its officers accountable for the murders of Black people, this new generation could also use a counterbalance.

They shouldn’t have far to look for some ideas.


Killing Trayvons: an Anthology of American Violence, and to the forthcoming Hands Up Don’t Shoot: Collected Essays/Stories on the Racialization of Murder.


THEIR LIES.
THEIR CONSTANT PROPAGANDA.
OUR TRUTH.
HUGE ISSUES ARE BEING DECIDED: Nuclear war, whether we’ll live in democracy or tyranny, dignity or destitution, planetary salvation or doom…
It’s a battle of communications we can’t afford to lose. 


So, do something.

If you took the time to read this article, and found it worth SHARING, then why not sign up with our special bulletin to be included in our future distributions? And please tell others about The Greanville Post. Share our posts. If you don’t, how can we ever neutralize the power of the corporate media?


YOUR SUBSCRIPTIONS (SIGNUPS TO THE GREANVILLE POST BULLETIN) ARE COMPLETELY FREE, ALWAYS. AND WE DO NOT SELL OR RENT OUR EMAIL ADDRESS DATABASES—EVER. That’s a guarantee.

 




Missouri AG Confirms Michael Brown Grand Jury Misled by St. Louis DA


WEEKEND EDITION

[dropcap]S[/dropcap]ubsequent to a previous report from Lawrence O’Donnell the Missouri Attorney General has confirmed with Last Word that they instructions given the Michael Brown Grand Jury describing the Police “use of force” laws was incorrect and misleading.Video from Program

The background of this situation is that Lawrence O’Donnell reported that after reviewing the transcripts of the Darren Wilson Grand Jury, his analyst discovered that Assistant District Attorney’s working for Bob McCullough gave the Jurors an outdated copy of Missouri Lawthat all that was required for an Officer to use deadly force is their “reasonable belief” that there was a threat.

directly before Darren Wilson’s testimony giving the impression that all that was required under the law for Wilson to kill Michael Brown was his belief that he was in danger, without the additional requirement of probable cause for such a belief.

The Missouri AG now proclaims that was wrong and the Missouri Law needs to be changed and updated to reflect the Supreme Court’s ruling.

Continue over the fold to read more.

O’Donnell: The Missouri Attorney General says “The Police Use of Deadly Force Law in Missouri must be changed.” in response to my question to the Attorney General he said:”Among the problems tha Ferguson has brought to light is the need to update Missouri’s use of deadly force statute.  This statute is inconsistent with the Supreme Court’s holding in Tennessee v. Garner.  Consequently, it is important this statutue be amended by the Missouri legislature to incorporate the Garner decision to avoid confusion in the criminal justice system”

Chris Koster
Missouri Attorney General

O’Donnell: As I have stated on this program there should be no confusion in the criminal justice system because the United States Supreme Court clarified the proper, and legal, and constitutional use of deadly force by police, 29 years ago.

There are two clear possibilities here.  Either the St. Louis County District Attorney’s Office was aware of this conflict and deliberately attempted to give the Grand Jury a false impression of the law, only to slip in a unclear, unexplained “correction” at the last minute which would be far too weak to override the prevailing impression gained from weeks of testimony which had been reviewed through a jaundiced lens…Or…

The St. Louis County and other DA’s throughout the state have been regularly misleading juries and grand juries with the mistaken and wrong impression that probable cause is not required for law enforcement before deliberate deadly force can be deployed legally because they just don’t know any better.

And worse even still, are Officers walking the streets of Missouri – or other states – also under this incorrect impression that all they need to use deadly force is to “feel threatened”?

This of course begs the question of what happens then when you get people like Rudy Giulianior Joe Scarborough or Bill O’Reilly or Ted Nugent or -pick a conservative, any conservative- telling everyone that Young Black Men are, by definition, A Threat? (see video below)

I think we can see what you get from that, even when controlling for demographics young black men are about seven times more like to be killed by law enforcement than just about any other group.

Considering the fact that Darren Wilson has made public statements that he actually went through the thought process: “Can I Legally Kill This Guy?” and then in about 3.5 seconds decided for himself that he could when his judgement on what was truly legal in that situation, like that of the DA, may have been factually and constitutionally wrong – it begs yet another critical question, has this statute been updated in New York?

Could that, or a similar issue, be a factor in the decision by the New York Grand Jury not to indict Officers involved in what the NY Medical Examiner’s Office called “A homicide”?

Naturally since New York’s Grand Jury law’s don’t allow their testimony or deliberations to be revealed to the public we don’t know what they were told, or what they weren’t told.

What the New York Daily News Reports is this:

Under New York State law, police officers can use force to affect arrests, prevent escapes and to protect themselves and others from physical harm. New York law further provides that citizens may not physically resist. Arrests are to be challenged in court, not on the street….

As a practical matter — on the basis of past cases — the grand jury would likely indict only if it found malice or some intention to hurt Mr. Garner or that a gross disregard for Mr. Garner’s well-being is what created the tragic ending during this routine arrest. Finding that the officer was careless or that the arrest was bungled will not rise to the level of a crime.

So if the office doesn’t “intend” harm, they can’t be charged – which essentially means they can’t get away with Murder, but they still can potentially get away with Manslaughter.It’s “Ok”, if they didn’t really mean it and all that really requires is not getting caught bragging about it afterward, right? Sure.

Unlike the Wilson case, Officers in New York clearly didn’t make the deliberate decision that the subject was “a threat” and chose to use deadly force, they were – as best we can tell from the Snuff Film we’ve all seen by now – just trying to make an arrest with a difficult subject and in the process violated NYPD Policy in using a choke-hold and piling onto him while ignoring the subjects repeated signs respiratory of distress.

I can’t breath.  I can’t breath. I can’t breath…

But they didn’t “mean” it – so, whatever.The National Institute of Justice states that:

Police officers should use only the amount of force necessary to control an incident, effect an arrest, or protect themselves or others from harm or death.Police should also:
Ensure that those injured receive medical aid.
Ensure that the family of any injured person is notified.

So, no – not Murder, but someone was definitely slaughtered, yet no one has been held accountable for it.Again.

What I additional found was the actual New York Statute of Police Use of Force to Effect an arrest, and the quick answer to the question of whether it reflects the Constitutional Case Law, just as Missouri’s law did not, is IMO… “No!”

1. A police officer or a peace officer, in the course of effecting  or
attempting  to  effect  an  arrest,  or  of  preventing or attempting to
prevent the escape from custody, of a person whom he or  she  reasonably
believes
 to  have committed an offense, may use physical force when and
to the extent he or she reasonably believes  such  to  be  necessary  to
effect  the  arrest,  or  to  prevent  the  escape  from  custody, or in
self-defense or to defend a third person from what he or she reasonably
believes  
to  be  the use or imminent use of physical force; except that
deadly physical force may be used for such purposes only when he or  she
reasonably believes that:
(a) The offense committed by such person was:
(i)  a  felony  or  an attempt to commit a felony involving the use or
attempted use or threatened imminent use of  physical  force  against  a person; or
(ii)  kidnapping,  arson,  escape in the first degree, burglary in the
first degree or any attempt to commit such a crime; or
(b) The offense committed or attempted by such person was a felony and that, in the course of resisting arrest therefor or attempting to escape from custody, such person is armed with a firearm or deadly weapon; or
(c) Regardless of the particular offense which is the subject  of  the
arrest  or  attempted  escape,  the  use  of  deadly  physical  force is necessary to defend the police  officer  or  peace  officer  or  another person  from  what  the  officer  reasonably  believes  to be the use or imminent use of deadly physical force.

IANAL, but I don’t see any mention that the Officers need probable cause for their “reasonable belief” that deadly force is necessary. Would that have made a definite difference to the St. Louis or New York Grand Juries?  I honestly don’t know, but having the law be incorrect in two states where this has happened doesn’t make me all that confident about Justice being reached fairly in Ohio [Jonathan CrawfordTamir Rice], Utah [Darrien Hunt] or other states.This may not be the last case – even in the last 12 months – where people feel compelled to take to the streets in protest because the police and the DA and the courts and various legislatures have grossly failed in their duty to protect all of our citizens equally.

But… and there is a big butt… the NY statute also says this.

2. The fact that a police officer or a peace officer is  justified  in
using deadly physical force under circumstances prescribed in paragraphs
(a)  and  (b)  of  subdivision one does not constitute justification for reckless conduct by such police officer or peace officer amounting to an offense against or with respect to innocent persons whom he  or  she  is not seeking to arrest or retain in custody.

[Having re-read that last section I realize the “reckless conduct” limitation only applies to “innocent persons…who aren’t being arrested”. So what happens when the reckless conduct is against people they are trying to arrest? This right here, could be the loophole Officer Pantaleo and others escaped through.]What both of these cases, as well as others, have shown is that the Constitution we think we are governed by, and the laws that are supposed to be put in place in consistency with that Constitution – aren’t being followed by our legislatures, aren’t being correctly implemented by our police and aren’t being enforced by our DA’s and Grand Juries.

And that, Ladies and Gentlemen, is a problem.  A big problem.

2:37 PM PT: Lawrence mentioned this during the full segment and I don’t want to leave it out:

This is not usually a problem as the relevant case law is often attached to the statute when it’s provided to juries or grand juries.  This is partly why legislatures don’t constantly revise all their laws everytime the SCOTUS makes a decision, the courts and DA’s are supposed to keep up to date and handle it.

Less so the Officers on the street.

The point here is that St. Louis County DA, either by accident or by design, didn’t provide the case law until 6 weeks later after all the testimony and exhibits were done.

2:58 PM PT: Officer Pantaleo stated to GJ, due to some partial releases, that he was trained at the academy to use that particular choke maneuver.  The first problem with that is that choke-holds were supposedly banned as part of NYPD policy after the choke-hold death of Anthony Baez in 1994, which led to Officer Francis Livoti being prosecuted Federally – after being indicted twice then acquitted in State Court – and was ultimately sentenced to 7 years in prison. Pantaleo is only 29 years old, so since the entire time that he’s been on the Force, and when he went through the Academy, the choke hold has been banned by NYPD.

The second issue is that he’s doing it wrong.  The point of the carotid choke hold is to restrict blood flow to the brain and render the subject unconscious by compressing the arteries, It’s not to put pressure on the windpipe which can be crushed in the process. From the video Pantaleo is putting his full weight directly on Garner’s windpipe, not on his carotid arteries which are on the sides of the neck.  This mistake a major reason by many PD have banned the practice for decades. What Pantaleo, and the other officers who piled on top of Garner thus further compressing his chest and helping to asphyxiate him, was a public hanging without the rope.

3:11 PM PT: Not to pile on, but Police took seven minutes to give Garner CPR after they took him down.


NOTICE: YOUR SUBSCRIPTIONS (SIGNUPS TO THE GREANVILLE POST BULLETIN) ARE COMPLETELY FREE, ALWAYS. AND WE DO NOT SELL OR RENT OUR EMAIL ADDRESS DATABASES—EVER. That’s a guarantee.