Thursday, February 28, 2008
Thursday, February 21, 2008
Tuesday, February 19, 2008
Monday, February 18, 2008
Wednesday, February 13, 2008
Case No. 07-1745MN
Leonard Peltier v. Federal Bureau of Investigation
U.S. Court of Appeals for the 8th Circuit
University of St. Thomas School of Law
Frey Moot Courtroom
1000 LaSalle Avenue
On June 8, 2007, Peltier attorneys filed with the U.S. Court of
Appeals for the Eighth Circuit an appellate brief asking the Court to
review and release some 11,000 pages of documents related to the
investigation and prosecution of Leonard Peltier. The FBI continues
to withhold those documents, claiming that their release would violate
promises of confidentiality made to informants and would, incredibly,
endanger the national security of the United States. In the brief, it
is argued that the FBI's promises to its informants expired long ago,
and were waived when those informants testified publicly. It is
asserted that the virtually unprecedented public interest in the case
of Leonard Peltier warrants careful judicial review of the withheld
documents. In addition, it is demonstrated that the FBI's historic
misconduct in this case, coupled with its continued misrepresentations
about Peltier's case, shows sufficient bad faith to require the most
searching inquiry into any claims of privilege.
The government's response was to categorically insist that there is no
degree of governmental misconduct toward a FOIA litigant that could
cause a court to "question the good faith of the agency," Cox v
Department of Justice, 576 F2d 1302, 1312 (8 Cir. 1978) unless the
litigant can prove misconduct in the FOIA proceedings themselves.
On October 9, 2007, attorneys Ron Kuby and David Pressman filed a
reply brief with the United States Courts of Appeals for the Eight
Circuit. According to the Peltier attorneys:
"The government's assertion that it can wave away its sordid history
of proven FBI and prosecutorial misconduct toward Peltier with a 'what
have we done to you lately' nonchalance rests entirely on the
government's own insistence. More significantly, the government
conflates Peltier's lengthy, documented, proven history of the most
serious governmental misconduct with some fanciful, gauzy grievance
made by some hypothetical litigant. The government again demonstrates
that it does not now, nor has it ever, taken seriously any of the
courts that have admonished it about the treatment of Leonard Peltier.
It has been proven that the FBI withheld exculpatory evidence,
manufactured inculpatory evidence that it knew to be false, coerced
witnesses and engaged in an over reaction to Wounded Knee sufficiently
grave to cause a Senior Judge of this Court to opine that the
Government shares responsibility for the firefight that led to the
death of the two FBI agents. The government has shown no solicitude
for the enormous 'burden on the judiciary' that its own malfeasance
Time to set him free... Because it is the RIGHT thing to do.
Friends of Peltier
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Tuesday, February 12, 2008
February 12, 2008
Who's really protecting us?
What is a populace to do when those sworn to uphold the law exhibit criminal disregard for the law?
A federal lawsuit filed by five high-ranking veteran African American Minneapolis Police Officers has garnered some attention in the Twin Cities (http://www.startribune.com/local/minneapolis/12081986.html), drawing attention to what the officers describe as “a hostile work environment” within the department, which has been plagued for years by cases of criminal misconduct and brutality. As details emerge from the suit (http://www.charityadvantage.com/CUAPB/Lawsuit%20by%205%20Cops.pdf) about the climate for officers of color, more information as been made available to Blacklogic.blogspot.com concerning police relations with the community at large.
Below we list samples of atrocities committed by the Minneapolis Police Department according to their own Internal Affairs records from 2003 to 2006.
Blacklogic recently obtained internal complaint forms from the MPD citing incidents, officers involved in said incidents, and the complaint allegations. Taken as a whole these forms illuminate a culture of violence, patronage, disdain and disregard for the citizens the MPD are sworn to serve and protect.
Internal Affairs Case No# 05-27 – Date of Incident, 2/6/05
“The complainant (Demiteras Cooper) alleges that during his arrest on 2/26/05 excessive force was used. Officers used profanity and racial slurs towards the complainant. He was kneed, kicked and punched during the arrest. He was stomped on his head causing his teeth to break. The complainant alleges that he was tazed unnecessarily during the arrest. Officers did not provide the complainant with medical attention.”
The complaint was sustained, and for their actions Officers Clinton Letch and William Woodis were both given 40 hour suspensions, or were docked one-weeks work for violating the MPD professional code of conduct (MPD R/R 5-105), deadly force (MPD R/R 5-307) and use of force/injury reporting (MPD R/R 5-308).
Internal Affairs Case No# 05-53 – Date of Incident, 8/19/05
Name/Badge: Officer James Brickley # 00771
“It is alleged that on 8/19/05, Officer James Brickley, while off-duty, was involved in a single vehicle accident involving his personal vehicle while under the influence of alcohol. It is alleged that Officer Brickley had in his possession an off-duty loaded firearm when the incident occurred. Officer Brickley was place[d] (sic) under arrest for two counts of gross misdemeanor DWI and one count misemeanor for carrying a weapon while under the influence. Officer Brickley's BAC tested .25.”
The complaint was sustained with a 20 day suspension.
Internal Affairs Case No# 06-01 – Date of Incident, 1/5/06
Name/Badge: Officer Mark Kaspszak
“It is alleged that Officer Mark Kaspszak was arrested by White Bear Lake Police on 1/5/06 while operating his personal vehicle while under theinfluence of alcohol.”
Sustained with a 30 hour suspension.
Internal Affairs Case No# 06-13 – Date of Incident, 3/04/06
Name/Badge: Officer Richard Muro #4899 & Officer Lonnie Hoffbeck #03063
“It is alleged that Officers responded to an assault and failed to take the appropriate action to do an adequate on-site investigation and/or attempt to identify or apprehend the perpetrators of the crime.”
Both Officers were served with 10 hour suspensions each.
Internal Affairs Case No# 06-31 – Date of Incident, 5/13/06
Name/Badge: Officer Daniel Ungurian #7362
“It is alleged that Officer Ungurian was operating his personal motor vehicle off-duty in Mlle Lacs County while under the influence of alcohol. Officer Ungurian was arrested by the MN State Patrol and subsequently charged with 4th degree DWI. As a result of this arrest, his driving privileges were [r]evoked.”
Sustained with a 30 hour suspension.
Internal Affairs Case No# 06-51 – Date of Incident, 6/05/06
Name/Badge: Officer Steven Manhood #4323
“Complainant stated that an Officer responded to an inebriated man at their bar. The man was unconscious. The complainant alleged that the Officer slapped the man in the face and head trying to wake him up. The complainant asked the Officer not to hit the man so hard and to bring him out in the rain. The Officer got angry and used derrogotory language towards the complainant and a witness. The ambulance arrived and took the inebriated man to the hospital.”
Sustained with... a letter of reprimand! Oooohh.
Internal Affairs Case No# 04-22 – Date of Incident, 5/21/04
Name/Badge: Officer Heidi Eisenbeis #7619, Officer William Barta #0323
“Complainant alleges that he had properties, i.e. Timberwolves game tickets valued at $315.00 taken from him and that he was not arrested nor issued any citations for any violatons of the law and that these tickets were subsequently used by unknown persons to attend the event.”
Sustained: Officer Barta terninated, Officer Eisenbeis not terminated.
Internal Affairs Case No# 04-18 – Date of Incident 4/22/04
Name/Badge: Officer James Brickley (again) #0771
“Officer Brickley while off duty was arrested and charged with operating a motor vehicle while under the influence of alcohol.”
Sustained with a 20 hour suspension.
Internal Affairs Case No# 04-15 – Date of Incident 4/05/04
Name/Badge: Officer John Sullivan #7007
“Officer Sullivan while on duty and performing his duties as a police Officer encountered indivuduals at the above time and location and used language considered derogotory based upon race.”
Sustained with a 10 hour suspension.
Internal Affairs Case No# 04-06 – Date of Incident 1/28/03
Name/Badge: Officer Kelly O'Rourke #5575
“Officer O'Rourke has failed to respond to Garrity Notices (Second Notices) regarding Civilian Review Authority.”
No consequence cited.
Internal Affairs Case No# 04-04 – Date of Incident, 2/28/04
Name/Badge: Officer Michael Arett
“Officer Arett is alleged to have violated MPD R/R 5-106 On Duty Code of Conduct, “Officers shall respond without delay to calls for police service unless otherwise directed by proper authority. Emergency calls for service shall take precedence. However, all dispatched calls shall be answered as soon as possible consistent with departmental procedures.””
Sustained with a 20 hour suspension.
Internal Affairs Case No# 03-28 – Date of Incident, 10/12/03
Name/Badge: Officers Jeffrey Jindra #3289, Todd Babekuhl #0246, Michael Killebrew #3716, Francisco Porras #5785, and Patrick Daly #1421.
“Officers were alleged to have sexually assualted a party with a plunder. During the course of the investigation other allegations of misconduct were alleged to include throwing of paintballs, throwing of food and dishes, use of inappropriate language, inappropriate use of force.”
No discipline cited.
Internal Affairs Case #03-23 – Date of Incident, 7/24/03
Name/Badge: Officer John Mills #4802
“Officer Mills, while on duty, is alleged to have placed a female street prostitute in his Minneapolis Police squad car and transported her to a location in the Third Precinct where he took lewd photographs of her.”
Sustained – Terminated.
Internal Affairs Case No#04-23 – Date of Incident, 3/28/02
Name/Badge: Lt. Lawrence Doyle, Officer James Brickley (again!), Officer Todd Lappegaard, Officer Lance DuPaul.
“It is alleged that on 3/28/02, Officer[s] improperly engaged in a police vehicle pursuit and that this pursuit was ended with the improper use of deadly force. This use of deadly force resulted in the fatal injury of a non-involved pedestrian.”
Sustained – letter or reprimand for Lt. Doyle only.
Internal Affairs Case No# 04-28 – Date of Incident, varies
Name/Badge: Lt. Richard Thomas #7182
“Complainant alleges that Lt. Thomas engaged in an extra-marital affair with her. Complainant further alleged that at the conclusion of the affair Lt. Thomas provided false information to the Anoka County Sheriff's Office when completing a police report.”
Sustained with a 16 hour suspension.
Internal Affairs CaseNo#04-30 – Date of Incident, 6/22/04
Name/Badge: Officer Daniel Anderson
“It is alleged that Officer Daniel Anderson tried to elude Oklahoma City Police when they attempted to stop him for speeding. Officer Anderson was arrested in El Reno, OK., for eluding police and endangering the life of another. Officer Anderson's passenger, Jeffery Lupient, is a convicted felon. It is alleged that Officer Anderson knowingly associates with a person involved in criminal behavior.”
Sustained – 40 hour suspension.
Internal Affairs Case No# 04-31 – Date of Incident, 6/6/04
Name/Badge: Officer William Barta #0323
“On 6/6/04 Eric Henderson was arrested near 4th Street and First Avenue North by Officer Barta and susequently monies were removed from his person. These monies were not placed in inventory until four days after the arrest, nor was any receipt issued (amount was over $200), as required by policy, nor was there any mention of the monies in CAPRS reports also required by policy.”
Sustained – Terminated.
Internal Affairs Case No# 05-25 – Date of Incident, 10/2/03 – 6/2004
Name/Badge: Officer Brian Potocnik #5790
“It is alleged that beginning in October of 2003, Officer Potocnik engaged in an inappropriate relationship with a minor female whom he met while working off duty at Roosevelt High School in his capacity as a Minneapolis Police Officer. This relationship was both romantic and sexual in nature; it is alleged that Officer Potocnik engaged in sexual activity with the female both on and off-duty over a period of approximately 14 months. It is alleged that Officer Potocnik consumed alcoholic beverages with the minor female including one occasion when he socialized with the minor female and her friend at a bar whle all three consumed alchololic beverages, although both girls were under 21. It is also alleged that Officer Potocnick failed to comply with the conditions of his relieved of duty status on 7/08/05 when he failed to remain at his home during work hours. Officer Potocnik was untruthful when asked about the matter by a supervisor.”
Sustained – Terminated....but before that....
Internal Affairs Case No#05-24 – Date of Incident, 2/23/05; 4/27/05; 5/01/05
Name/Badge: see above
“Officer is alleged to have not attended special duty training and failed to notify a commander of his absence.”
Sustained – Two day suspension.
Internal Affairs Case No# 03-22 – Date of Incident, 8/04/03
Name/Badge: Officer Ryan Chancellor
“Officer Chancellor is alleged to have obtained and been in possession of child pornography on his personal computer. Officer Chancellor is also alleged to have sent electronically a picture of himself in MPD uniform in conjunction with sexually explicit chat dialogue. Officer Chancellor has refused to give a compelled statement and in any way cooperate with the Internal Affairs Investigation.”
Sustained – Terminated.
Not included in this report are findings from the Minneapolis Civilian Review Authority, which whom the MPD has a long, antagonsistic history (http://blogs.citypages.com/blotter/2005/10/same_old_story_mpd_ignores_civ.php).
Some Minneapolis advocates for social justice have long advocated federal receivership of the MPD instead of being subjugated to a department overtly hostile to diversity, communities of color, and to providing equal justice under the law. After being given many reprieves with the PCRC, it may be time to support the justice advocates' claims. A criminally minded police department is paradoxical to the needs of all people.
Blacklogic welcomes reader comments at blacklogic.blogspot.com
Sunday, February 10, 2008
Saturday, February 09, 2008
Wednesday, February 06, 2008
Febuary 6, 2008
Second Chance Day on the Hill
February 13, 2008
11:00 a.m. rally
12:00 noon lobbying
State Capitol Rotunda
75 Rev. Dr. Martin Luther King, Jr. Dr., St. Paul
Transportation available: see below
Over 50 organizationsincluding CUAPBare coming together for the first ever Second Chance Day on the Hill to demand justice system reforms that will make it easier for ex-offenders to reintegrate into society. Over 1000 ex-offenders, their families and supporters of justice reform will be present to highlight the importance of second chances. We will be raising statewide and national attention to barriers facing individuals with criminal records that affect the social, civic and economic stability of families and communities. For more information on the events of the day, go to http://www.employexoffenders
There are currently 155,000 Minnesota adults under some form of correctional supervision; 142,000 on probation, 4,200 on some level of supervised release, and 9,100 in prison. And there are at least as many with a criminal record who have satisfied all the requirements of their sentence. This equates to one in every sixteen Minnesotans having the stigma of a conviction they must overcome to qualify for housing, employment and student loans, among other things. Legislatively we have created nearly 200 collateral sanctions over and above the penalties associated with a conviction. For a report on these sanctions, go to http://www.employexoffenders
These collateral sanctions limit the ability of people to reintegrate into society and to survive in the mainsteam economy and are the leading cause for recidivism. CUAPB is proud to be part of this organizing and we urge you to attend this important event.
There will be a bus at each of the following Minneapolis locations:
Sabathani Community Center, 310 E 38th Street
Minneapolis Urban League, 2100 Plymouth Avenue
Buses will load at 10:00 am from both locations and leave at 10:15 for the Capitol
Buses will load at 1:00 PM at the Capitol and leave at 1:15 PM to return to Sabathani and the Urban League.
Please contact Elena Gaarder if you have any questions.
by Charles Hallman
Originally posted 1/30/2008
There are currently 155,000 Minnesota adults under some form of correctional supervision 142,000 on probation, 4,200 on some level of supervised release, and 9,100 in prison. At least 95 percent of those in prison will eventually be released.
“The actual prison population is overwhelmingly male, and overwhelmingly minority,” noted Sarah Walker, director of juvenile services at 180 Degrees, a Minneapolis-based organization that runs a halfway house. Eighty percent of all male prisoners have a child, she said, adding that the number of female prisoners has been rapidly increasing in the past 10 years.
Getting a second chance often becomes an elusive goal for too many ex-offenders, who must face housing and employment barriers upon their re-entering society. Even getting a student loan can be difficult for someone wishing to pursue an education who possesses a criminal record.
These barriers are the reason for the “Second Chance Day on the Hill” scheduled for February 13 at the State Capitol in St. Paul. On this day, several organizations, many of which are heavily involved in criminal justice issues, are calling for the Minnesota Legislature and the general public to seriously begin looking at “Second Chance” legislation.
Representatives from these organizations have met weekly over the last few months to plan this event. Organizers are anticipating that at least 1,000 ex-offenders, their family members, and supporters of criminal justice system reform will attend.
“This is the first time in many years that I have seen so many diverse organizations come together for one issue,” Walker said. “I think we wouldn’t be having this conversation 10 years ago. What we have now is a window of opportunity to look at things [in] a pragmatic way.”
“The Day” organizers also want the general public to be aware of the importance of Second Chance legislation, continued Walker. “Second chances are about public safety,” she pointed out. “If you want to increase public safety, you need to facilitate successful re-entry [of ex-offenders].
“Everyone gets scared, and everyone wants to feel safe in their community. All I am saying is to give someone a second chance, you are going to make your community safer.”
Among the principles the Second Chance supporters emphasize are:
• Providing ex-offenders with fair access to housing, employment, credit, and higher education, along with restoring their voting rights;
• Making sure all criminal background checks are accurate and up-to-date;
• Providing treatment programs in correctional facilities, including improved prison mental-health intervention programs, and providing diversionary community-based programs for first offenders;
• Eliminating collateral punishment so that once offenders have served their time, they do not face unnecessary and unfair side effects once they are back in society;
• Providing rehabilitative opportunities for offenders while incarcerated, and preparing willing individuals to become productive members of their communities when they are released;
• Ensuring that punishment falls on the offender and not on the offender’s children, other family members, and communities; and
• Developing pragmatic and cost-effective approaches to public safety.
Upon their release from prison, most ex-offenders then experience a vicious cycle of circumstances, Walker explained. “If you don’t have stable housing, you have trouble finding a job because you don’t have a regular residence. However, you have trouble finding stable housing if you don’t have any income.
“I think the two most important things [facing ex-offenders] are barriers to employment and opportunities to stable housing,” said Walker.
A University of Minnesota doctoral student, Walker has been involved in criminal justice issues for a long time. “I have been interested in this all through my undergraduate years,” she noted. “Criminal justice is where all issues of disparity come in: poverty, mental health, inequality and racism. If you want to address all these issues, they all end up in prison.”
Also, Walker has a personal stake in second chance issues. “I stole something, and I ended up in big trouble,” she admitted. “I was able to not go to prison or spend any significant time in jail.”
Nonetheless, Walker now has a criminal record. “I am still not eligible for many types of employment. There were many schools who wouldn’t accept me [for graduate school] because I have a criminal record.”
The U.S. House of Representatives last November passed a Second Chance bill (H.R. 1593). Now awaiting U.S. Senate action, the bill calls for federal funding for ex-offender reentry services and job training.
Now it is Minnesota’s turn to do something as well, Walker concluded.
Charles Hallman welcomes reader responses to email@example.com, or read his blog, www.wwwchallman.blogspot.com
Communities United Against Police Brutality
3100 16th Avenue S
Minneapolis, MN 55407
Hotline 612-874-STOP (7867)
Meetings: Every Saturday at 1:30 p.m. at Walker Church, 3104 16th Avenue South
What a great disservice to our children -- there are actual role models they could have chosen, but a lying, stepping and fetching war monger seemed to fit their bill.
Tuesday, February 05, 2008
"...Power elites have an arsenal of weapons to control and manipulate social, political and economic systems globally: corruption of public officials that make elections a sham; corporate mainstream media that turn news into propaganda; manipulation of financial markets that create fear for the public and profits for the privileged; false free trade globalization that destroys the middle class; rising economic inequality that keep the masses time-poor and financially insecure; intense marketing of pharmaceuticals that keep people passive; and addictive consumerism, entertainment and gambling that keep people distracted and pacified.
"The biggest challenge for dissidents and rebels is to avoid feel-good therapeutic activism having virtually no chance of removing evil and tyranny. Idealism without practicality tactics without lofty goals, and symbolic protests pose no threat to power elites. Anger and outrage require great strategic thinking from leaders seeking revolution, not mere change..."