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joeb

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Reply with quote  #76 



How Colorado laws give fired police officers from other states a second chance here
Colorado Attorney General's Office refuses to release database that would help shed light on second-chance officers from other states


http://www.denverpost.com/news/ci_28952022/colorado-home-second-chance-police-officers-from-other

Posted: 10/11/2015 12:01:00 AM
As a Los Angeles police officer, David Guiterman shoved a handcuffed homeless man into a squad car and leaned in to drench his face with pepper spray.

Video of the incident showed Guiterman closing the car's door, a move that cut off ventilation and created what critics later called a "gas chamber" of horror. The mentally ill suspect pleaded for help, his face twisted in pain.

Despite Guiterman's past in California, which also included a $50,000 settlement of an excessive-force lawsuit, he found work across state lines.

He ended up in Colorado, a state that does relatively little to keep cops with blemished records from being rehired in law enforcement. Soon Guiterman was causing controversy again after his new employer, the Vail Police Department, arrested him on charges of domestic violence and stalking.

Colorado is vulnerable to officers such as Guiterman coming from other states seeking to resurrect their careers, according to experts. Only a criminal conviction on a felony charge or certain misdemeanors automatically bar a cop from getting hired in law enforcement in Colorado, a lesser standard than in many states.

But the extent of the problem is unknown, in Colorado and nationally.

"We know it happens," said Roger Goldman, a nationally recognized expert on officer misconduct who has helped write laws establishing state police review panels. "But we don't know how frequently it happens. Anecdotally, we know there have been high-profile cases of it."

He noted that malpractice litigation and adverse licensing actions are tracked federally for physicians, but no such system exists for law enforcement officers, who have the power to take a life and make arrests.

"We have it for docs but not for cops," Goldman said. "That's a problem."

The Denver Post made multiple requests for a state database of certified and decertified law enforcement officers from the state attorney general's office to research the backgrounds of those trained in other states. The office refused to release key information to enable that analysis.

The state provided limited data that revealed that nearly 1,100 of the officers who held police certificates in Colorado in the past 10 years had received their original training outside the state.

But the attorney general's office refused to identify those officers still working or the state where they received their training. Also excluded were all the agencies where those officers had worked in Colorado.

In a letter denying the newspaper's request for information, David Blake, Colorado's chief deputy attorney general, said making the database available to the public risked revealing the identity of officers working undercover. He refused to redact those undercover officers from the database.

"While the public has a right to inspect certain public records involving criminal justice matters, it does not have the right to pursue them at the expense of the safety of officers or when it may compromise ongoing investigations," Blake said in his letter.

The Post has argued the information should be released as a matter of public safety.

"I find it unconscionable that our state attorney general's office takes the position that it has no obligation to produce to The Denver Post or to a member of the public these database records," said Steven Zansberg, the lawyer who represented The Post in its negotiations with the state's lawyers.

Taxpayers helped build the database. A recent contract shows the state plans to spend up to $820,000 on upgrades to the database through 2018.

"The additional, highly disturbing aspect of this entire set of negotiations with the attorney general's office and The Denver Post, aside from the amount of time it took to get them to dribble out any amount of information, is that they take the position that the public, who helped maintain and create this database, has no right to access those records," Zansberg said.

National database

Despite the obstacles from the state, The Post found examples of officers who were hired in law enforcement in Colorado after getting into trouble in jobs in other states.

Guiterman resigned from the Los Angeles Police Department and was hired in Vail in 2005 before the completion of an internal affairs investigation into the pepper-spray incident, the results of which remain sealed. Vail Police Chief Dwight Henninger said he was aware of the incident when he hired Guiterman.

The officer successfully defended a federal lawsuit over that arrest in Los Angeles, which prompted national outrage when a lawyer released video of the spraying after Guiterman resigned. In sworn testimony, Guiterman said he used the pepper spray to subdue an uncooperative suspect he feared would spit on him. He resigned from the Vail police force in 2009, nearly a year following his arrest on the domestic violence charges in Colorado. Guiterman did not respond to Denver Post efforts seeking comment.

In 1991, the police department in Davenport, Iowa, fired Anthony Chelf after authorities found he used excessive force when he beat a man with his department-issued flashlight. Records show the man ran a red light on a motorcycle, and Chelf gave high-speed chase. Chelf beat the man with his flashlight after other officers had subdued him, facedown, on the ground, according to court records.

It was the second time Davenport authorities found Chelf had used his flashlight with excessive force. After his firing, Chelf found police work in Colorado. The Ouray Police Department hired him, and he went on to become police chief there. He retired in 2011 and now works as a security supervisor at a casino in Iowa.

"I had a very successful career in Ouray and was very involved in the community," said Chelf, who added that he disclosed his Davenport firing before his hiring in Ouray.

In a court challenge, Chelf argued his firing was politically motivated, but the Iowa Supreme Court upheld the termination.

The issue of troubled officers moving across state lines attracted the attention of President Barack Obama's task force on policing, formed in the wake of the fatal shooting of an unarmed black man by a white officer in Ferguson, Mo. Among its recommendations, the task force urged the U.S. Justice Department to bolster a piecemeal police decertification database that agencies can use to check applicants.

So far, only 37 states, including Colorado, feed information to the database. And the laws for what warrants a decertification vary widely from state to state. While Florida and Arizona allow decertifications for personnel transgressions or misconduct, others, such as Colorado, have no state investigative authority and allow decertification only for criminal convictions. Six states don't allow for the decertification of officers at all.

Surveys show only about 20 percent of police agencies even know the database exists. "We don't have the money to advertise it," said Mike Becar, executive director of the International Association of Directors of Law Enforcement Standards and Training, which maintains the database.

High threshold

In Colorado, where a criminal conviction is required to decertify a cop, an officer with a history in other states of lying under oath, past misconduct, even brutality is eligible to find work here.

Colorado's laws also provide little guidance to smaller, often rural, agencies struggling to find qualified applicants to patrol the streets. Unlike Arizona, which requires rigorous background investigations of those seeking police work, Colorado for the most part leaves the thoroughness of such investigations up to local authorities.

At least 39 states have laws that make it easier to ensure a rogue officer never polices again in those states, The Post found.

In Oregon, dishonesty or misconduct on the job is enough to bring an end to a career in law enforcement. State officials there have no qua
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joeb

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Reply with quote  #77 




October 15, 2015
Officer says he's being punished for speaking with FBI


http://www.miamiherald.com/news/article39261711.html
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joeb

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Reply with quote  #78 
This means creation a volunteer civilian police review board
with subpoena powers.


The board will not work without subpoena powers and a Volunteer
civilian membership.
Otherwise the hacks will appoint their favorite predators.



http://www.latimes.com/local/cityhall/la-me-crime-stats-20151015-story.html


LAPD underreported serious assaults, skewing crime stats for 8 years


LAPD officers arrest a suspected gang member in 2009, during the period when violent crimes were underreported by 7%.
The Los Angeles Police Department misclassified an estimated 14,000 serious assaults as minor offenses in a recent eight-year period, artificially lowering the city's crime levels, a Times analysis found.

With the incidents counted correctly, violent crime in the city was 7% higher than the LAPD reported in the period from 2005 to fall 2012, and the number of serious assaults was 16% higher, the analysis found.

When presented with the findings, top LAPD officials acknowledged the department makes errors and said they were working to improve the accuracy of crime data reporting.

NEWSLETTER: Get essential California headlines delivered daily >>

"We know this can have a corrosive effect on the public's trust of our reporting," said Asst. Chief Michel Moore, who oversees the LAPD's system for tracking crime. "That's why we are committed to ... eliminating as much of the error as possible."
Assaults drop

The Los Angeles Police Department misclassified an estimated 14,000 serious assaults from 2005 to 2012. Even with the errors factored in, serious assaults and violent crime still showed a decline.

The misclassified cases often involved attacks that resulted in serious injuries, such as a 2009 incident in which April L. Taylor stabbed her boyfriend in the stomach with a 6-inch kitchen knife during a domestic dispute, police and court records show.

Police arrested Taylor, who later was found guilty of assault with a deadly weapon. In the LAPD's crime database, however, the attack was recorded as a "simple assault." Because of this, the case — like other misclassified incidents — was left out of the department's tally of violence in the city.

The errors occurred during a time when the LAPD was reporting major drops in crime across the city. The Times analysis found the misclassified cases were not numerous enough to alter the overall downward trend.

Still, the findings are a mark against a department that has long been viewed as a national leader in usi
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joeb

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Reply with quote  #79 

http://www.latimes.com/local/lanow/la-me-ln-federal-officer-shooting-20151018-story.html


Federal officer arrested after fatal shooting of boyfriend in Chula Vista
Fatal shooting


October 18 2015



A U.S. Customs and Border Protection officer has been arrested on suspicion of fatally shooting her boyfriend in their apartment in Chula Vista.
Tony PerryContact Reporter

A U.S. Customs and Border Protection officer was arrested Saturday on suspicion of fatally shooting her boyfriend in their apartment in Chula Vista.

Melissa Hayes-Spencer, 30, was arrested after a daylong investigation into the early
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joeb

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Reply with quote  #80 





Time for more oversight of police in Pasadena: Larry Wilson


http://www.pasadenastarnews.com/opinion/20151020/time-for-more-oversight-of-police-in-pasadena-larry-wilson
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joeb

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Reply with quote  #81 

http://m.nydailynews.com/news/crime/rapper-inmates-solitary-confinement-20-years-article-1.2406526



Rapping inmates get solitary confinement for almost 20 years
NEW YORK DAILY NEWS Updated: 10/21/2015 11:44 PM ET

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joeb

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Reply with quote  #82 
FBI director: Planes over Dearborn not for mass spying
By Daniel Bethencourt, Detroit Free Press


October 22 2015


http://www.freep.com/story/news/local/michigan/wayne/2015/10/22/dearborn-spy-plans-fbi-james-comey/74431132/
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joeb

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Reply with quote  #83 

http://www.postandcourier.com/article/20151023/PC1002/151029736/

Federal watchdogs need access to agency records

BY MICHAEL E. HOROWITZ
Oct 23 2015 12:01 am

One of the most significant post-Watergate reforms was the passage in 1978 of the Inspector General Act, which has put in place 72 federal inspectors general to serve as agency watchdogs responsible for ensuring the integrity and efficiency of our government’s operations.

An inspector general’s ability to accomplish that ever-challenging mission depends on the bedrock principles enshrined in the IG Act: independence and access to all an agency’s records without interference. I emphasize “all” because unrestricted access to agency records ensures that our essential functions cannot be thwarted.

Over the past 35 years, that access has empowered IGs to root out government corruption and save U.S. taxpayers billions of dollars.

For decades, there was no controversy over what the words “all records” meant. But that changed in 2010 when FBI attorneys suggested, soon after several critical reports by my office as inspector general at the Justice Department, that “all records” might not include some records the FBI was seeking to withhold. This was the first time anyone in the department had asserted that the broad powers of the IG Act did not apply fully to our oversight.

Not surprisingly, once the FBI started raising legal challenges, several other federal agencies challenged their IGs’ independent oversight authority.

For example, when the Peace Corps inspector general sought to review the agency’s response to sexual assaults against corps volunteers — oversight that was mandated by Congress — the agency put in place policies that prevented IG access to key records.

Making matters worse, recently an arm of the Justice Department issued a 68-page opinion that supported the FBI’s position and concluded that IGs do not have the right to independently access certain records involving grand jury testimony, wiretap information and some credit reports, no matter how critical they might be to our oversight.

Indeed, these kinds of records have been central to some of our most significant reviews of FBI and Justice Department programs, and for more than 21 years the department had provided them to us without once accusing us of not properly safeguarding them. As a result of this decision, it is now up to agency officials to decide whether to grant, or refuse, an IG permission to review these types of records.

This leads to the absurd situation where the words “all records” in the IG Act no longer mean “all records.”

Without independent access to agency records, our ability as IGs to conduct the kind of sensitive reviews that have resulted in widespread improvements in the effectiveness of government programs will be significantly compromised.

For example, since 2010, many of my office’s most important reviews, including those affecting public safety, national security, civil liberties and even whistleblower retaliation, have been impeded or delayed.

Allowing officials whose agencies are under review to decide what documents an inspector general can have turns the IG Act on its head and is fundamentally inconsistent with the independence that is necessary for effective and credible oversight.

This safeguard was vital when Congress passed the IG Act in 1978, and it remains vital today. Actions that limit or delay an inspector general’s access can have profoundly negative consequences for our work:

They make us less effective, encourage other agencies to raise similar objections and erode the morale of our dedicated professionals.

As chair of the Council of Inspectors General, I know that inspectors general everywhere are deeply concerned about this attack on our independence.

Thankfully, a substantial bipartisan group in Congress shares our view that the IG Act must not be interpreted in a way that would render it toothless. Pending legislation in the Senate and the House would restore inspectors general independence and empower IGs to conduct the kind of rigorous, independent and thorough oversight that taxpayers expect.

I urge Congress to pass legislation quickly that clarifies that “all records” means “all records” and reject any interpretation that would allow government agencies to shield their misdeeds from inspector
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joeb

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Reply with quote  #84 
Criminal justice system in need of help

http://www.dailystarjournal.com/opinion/article_1501d01e-0780-5e71-9058-8c5180c9bfb2.html

Posted: Saturday, October 24, 2015 6:00 am


The Republican Party, like Sisyphus, is again putting its shoulder to a boulder, hoping to make modest but significant changes in the Electoral College arithmetic by winning perhaps 12 percent of the African- American vote. To this end, they need to hone a rhetoric of skepticism about, and an agenda for reform of, the criminal
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joeb

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Reply with quote  #85 
Branstad Announces New Division Designed to Help Wrongly Convicted People
Posted 4:53 pm, October 26, 2015,

http://whotv.com/2015/10/26/branstad-announces-new-division-designed-to-help-wrongly-convicted-people/


DES MOINES, Iowa -- Governor Branstad announced he's launching a new division designed to help people who are wrongly convicted of crimes.

“We also know in a system operated by humans, mistakes can be made including wrongful convictions,” Branstad said.

The Wrongful Conviction Division will focus on hair comparison analysis. The FBI recently admitted to serious errors in testimony on those tests, many times overstating how close hair from a crime scene matched a defendant.

The FBI trains the Iowa Division of Criminal Investigation on hair analysis methods, so the Public Defender's Office wants to review cases where hair comparison analysis was used.

They’re looking at cases from 1980-2000, which was a time when DNA analysis wasn't widely used.

“One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will
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joeb

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Reply with quote  #86 
South Carolina
South Carolina sheriff's deputy on leave after dragging student from her desk


http://www.theguardian.com/us-news/2015/oct/27/south-carolina-sheriffs-deputy-on-leave-after-forceful-classroom-arrest


Video shows officer making forceful arrest in case that stokes tensions among black and white parents in Richland County School District Two
Sheriff’s deputy manhandles high school student in classroom arrest.


Tuesday 27 October 2015 10.51 EDT
Last modified on Tuesday 27 October 2015 11.16 EDT


Video of a South Carolina sheriff’s deputy manhandling a black student in a high school classroom has prompted an investigation by local authorities after the footage was widely circulated on Monday.

The video shows a school monitor reported to be Ben Fields – who is also a Richland county sheriff’s deputy – confronting the female student.

When she refuses to leave her seat in a classroom at Spring Valley high school in Columbia, he tells her: “I’ll make you.” He then wraps his arm around her neck, flips her desk backward, then drags her across the floor. He arrested both the girl, and a male student.

According to a classmate, the student in question had peeked at her cellphone during class. When the teacher tried to take the phone away, the student refused to hand it over, and when a school administrator told her to leave the class, she stayed at her desk, which is when Fields was summoned.


The sheriff’s department has placed Fields on administrative leave while it investigates the case.

A spokeswoman for the school district, Libby Roof, said on Monday night that the administration was “deeply concerned”. “We are investigating it, along with the sheriff’s office,” she said.

A spokesman for the Richland county sheriff did not immediately respond to requests for comment.

Steve Benjamin, the mayor of Col
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joeb

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Reply with quote  #87 
2 stories


1.



FBI agent talks to students about dangers of drugs

Sixth through eighth grade students at Horizon Montessori III in Harlingen attended a presentation by an FBI agent as part of their Red Ribbon Week activities.



http://www.valleymorningstar.com/news/local_news/article_04ab64b4-7d8c-11e5-8c66-8f4ff0966837.html?mode=jqm





Sixth through eighth grade students at Horizon Montessori III in Harlingen attended a presentation by an FBI agent as part of their Red Ribbon Week activities.

All week long the students took part in drug prevention and awareness programs. They wore red clothes on Monday to show they were "RED-y to be Drug Free."

Another day they wore tropical/Hawaiian clothes to send the message that students and teachers "Lei Off Drugs."

Today the students heard from an FBI agent and



2.

FBI agent who stole heroin sentenced to 3 years in prison - The ...



https://www.washingtonpost.com/local/crime/ex-fbi-agent-who-stole-heroin-sentenced-to-3-years-in-prison/2015/07/09/5bd82e8c-262c-11e5-aae2-6c4f59b050aa_story.html




Jul 9, 2015 - A onetime FBI agent who fed his drug addiction by stealing heroin seized as evidence in criminal

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joeb

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Reply with quote  #88 



Agents admit filter to screen private attorney-client emails had holes


http://www.sltrib.com/home/3116874-155/agents-admit-filter-to-screen-private?fullpage=1

October 28 2015
FBI agents didn't filter out attorney email addresses, law firm Internet domain names or the names of associate attorneys and support staff when processing emails seized from the accounts of indicted St. George businessman Jeremy Johnson, according to testimony in federal court on Thursday.

And an agent on the team prosecuting Johnson said he went through a database that contained emails even before those involving at least two of Johnson's attorneys were filtered out.

The agents testified Thursday at a federal court hearing called to gather evidence about whether the prosecution had access to, or read, private emails between Johnson and his attorneys after gathering them up through a sealed search warrant.

Communications between attorneys and their clients are considered privileged in the U.S. legal system, meaning they are normally supposed to be private, so prosecutors, investigators and outside parties are not to have access to them.

But in Johnson's case, where he and three other officers in his online marketing company face charges related to bank fraud, the FBI used a May 17, 2013, search warrant to obtain emails from Johnson's Gmail accounts, including thousands between Johnson and his attorneys.

FBI Special Agent Randy Kim, who works at the agency's local computer forensics lab, said after receiving the emails from a member of the prosecution team he filtered out those that contained the names of attorneys from a list provided by another agent. But under questioning from Johnson attorney Rebecca Skordas, Kim said he filtered out emails using names only.

"So if there were email addresses associated with these individuals you didn't do a search of those addresses?" Skordas asked.

"Correct," Kim responded, answering the same way when asked about the domain names of law firms and names of others associated with those firms such as paralegals.

Skordas is expected to file a motion to dismiss the case based on assertions the team of prosecutors and investigators violated Johnson's attorney-client privilege by gathering and then having access to thousands of his emails with attorneys.

FBI Special Agent Jason Henrikson, who obtained the warrant that sought evidence of alleged witness tampering by Johnson, testified that he was aware that the search warrant would gather up all Johnson's emails from those accounts, including ones with attorneys.

Henrikson said he provided Kim with discs from Google and a list of attorneys for filtering that he had obtained from the U.S. attor
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joeb

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Reply with quote  #89 



see link for full story



http://www.nytimes.com/2015/11/02/us/fbi-tool-to-identify-extremists-is-criticized.html?_r=0


F.B.I. Tool to Identify Extremists Is Criticized

NOV. 1, 2015



There is a difference between mentally ill mass murderers and fundamentalist religious murderers, although the lines may seem blurred at...
Shireen 32 minutes ago

I think this is a good opportunity for the people of the FBI to examine their biases. It is making them blind to serving in the best way.



The F.B.I. is about to introduce an interactive program it developed for teachers and students, aimed at training them to prevent young people from being drawn into violent extremism. But Muslim, Arab and other religious and civil rights leaders who were invited to preview the program have raised strong objections, saying it focuses almost entirely on Islamic extremism, which they say has not been a factor in the epidemic of school shootings and attacks in the United States.

The program, according to those who saw it at F.B.I. headquarters, called “Don’t Be a Puppet,” leads the viewer through a series of games and tips intended to teach how to identify someone who may be falling prey to radical extremists. With each successful answer, scissors cut a puppet’s string, until the puppet is free.

In the campaign against terrorists such as the Islamic State, law enforcement agencies have been stepping up efforts to identify those susceptible to recruitment. The agencies have enlisted the cooperation and advice of religious and community leaders. But the controversy over the Federal Bureau of Investigation’s new online tool is one more indication that there is no consensus on who should be involved in detecting and reporting suspects, and where to draw the line between prevention and racial or religious profiling.

“The F.B.I. is developing a website designed to provide awareness about the dangers of violent extremist predators on the Internet,” a spokeswoman for the agency said late Sunday, “with input from students, educators and community leaders.”

The F.B.I. had told the community organizations that the program would be available online as soon as Monday. The organizations’ leaders spoke to a reporter only after learning that the F.B.I. was likely to proceed despite their concern that the program would stigmatize Arab and Muslim students, who are already susceptible to bullying.

“Teachers in classrooms should not become an extension of law enforcement,” said Arjun S. Sethi, an adjunct professor of law at the Georgetown University Law Center. Mr. Sethi, who specializes in counterterrorism and law enforcement, was invited by the F.B.I. to give feedback on the program.

“The program is based on flawed theories of radicalization, namely that individuals radicalize in the exact same way and it’s entirely discernible,” he said. “But it’s not, and the F.B.I. is basically asking teachers and students to suss these things out.”

He said the F.B.I.’s program amounted to “misplaced priorities.”

“The greatest threat facing American schoolchildren today is gun violence,” he said. “It’s not Muslim extremism.”

Teachers do not always have the training or judgment to identify extremists, said several religious leaders who mentioned the Muslim student in Texas who was detained and handcuffed after taking a clock he built to school.

The F.B.I. held several meetings last summer to present the online program, along with a larger strategy for involving community leaders in preventing radicalization. The Arab and Muslim groups received an email inviting them to a meeting to give feedback on Oct. 16.

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About six organizations representing American Muslims, Arabs, Yemenis and Sikhs were at the meeting, where they were given a quick run-through of portions of the online program. It covered different types of violent groups and ideologies, and enumerated some personality changes that might indicate radicalization, according to those who attended. It showed a map of places terrorists have targeted, and included interviews with victims of terrorist attacks.

Abed A. Ayoub, the legal and policy director for the American-Arab Anti-Discrimination Committee, recalled: “They were getting blowback from everybody. It was a very tense meeting.”

“They wanted teachers in social studies, civics and government classes to show this to their students,” said Hoda Hawa, the director of policy and advocacy for the Muslim Public Affairs Council. “But the website will be accessible by anyone.”

She and others interviewed were particularly troubled by a question that she said asked the user to identify which of four or five posts on social media should raise alarm. Among the choices were a person posting about a plan to attend a political event, or someone with an Arabic name posting about going on “a mission” overseas. The correct answer was the posting with the Arabic name.

“What kind of mission? It could have been humanitarian. It could have been religious,” Ms. Hawa said.

Mr. Ayoub said, “If this is shown to middle and high school students, it’s going to result in the bullying of these children.”

A report issued by the 9/11 review commission in May suggested that the F.B.I. , as a law enforcement and intelligence agency, was not “an appropriate vehicle” for producing prevention programs to counter violent extremism.
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joeb

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Reply with quote  #90 



FBI Agent Convicted of Assault Caught on Camera Knocking Teen ...


November 5 2015
An FBI agent has been found guilty of second-degree assault after jurors saw a cell phone video of him knocking a teenager to the ground .
Jack Cloherty

Nov 4, 2015, 5:43 PM ET
http://abcnews.go.com/US/fbi-agent-convicted-assault-caught-camera-knocking-teen/story?id=34972374


An FBI agent has been found guilty of second-degree assault after jurors saw a cell phone video of him knocking a teenager to the ground and threatening him with his service weapon.

The video, made public by the court late Tuesday, shows Gerald Rogero appearing to forcefully shove the teenager in the chest, sending him flying backwards and then landing on his back. Moments later, the video shows Rogero pulling out his gun and shouting at the 15-year-old, "If I have to shoot you I will. Don't make me shoot you."



The incident began as an argument over a child custody hand-over in Chevy Chase, Maryland, last December, authorities said. Rogero, his fiancée, and a woman he said is the child's mother, had been waiting for the child. The video shows Rogero aggressively berating Edward Moawad, the father of the little girl, for being late. Rogero was off-duty, in plain clothes, and did not identify himself on the video as an FBI agent to Moawad or the people with him -- Moawad's fiancée and her 15-year-old son.

The argument escalated as Moawad's fiancée repeatedly asked Rogero who he was, according to the video, which also shows Rogero responding, "Who are you?" When told the custody exchange was not his business, he is seen on the video saying, "I'm making this my business." When the group moved outside, the bickering turned belligerent, and the teenager stepped up to Rogero, angrily confronting him.

"Don't act stupid or you are going to get yourself locked up," Rogero told him.

But the arguing continued, and apparently expletives were exchanged -- the exact words are bleeped out of the video released by the court. Following the harsh language, Rogero shoved the boy to the ground, then scuffled with him after the teen got back on his feet. Finally, the boy followed Rogero's order to "get on the ground" face down, and was handcuffed. The boy was not arrested.

The jury convicted Rogero of second-degree assault on Friday, but acquitted him of the more serious charges of first-degree assault and a gun charge. Rogero was back in court Tuesday to set a sentencing date, and for a ruling on whether he could continue to carry his weapon. The judge decided Rogero would get to keep his service weapon -- at least until he is sentenced on Jan. 20.

Rogero's attorney, Marlon Wheat, told ABC News in a statement today that "Agent Rogero exercised his right to defen
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joeb

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SEE IT: Controversial scheme that saw Connecticut cops steal from cars to teach locals a lesson stopped after one day



Saturday, November 7, 2015, 4:43 AM


http://www.nydailynews.com/news/national/connecticut-cops-steal-cars-controversial-scheme-article-1.2426633

A controversial scheme that saw Connecticut police breaking into cars to teach locals a lesson has been halted after just one day.

Cops were stealing valuables from vehicles to warn people not to leave their cars unlocked – and leaving a note to let them know where they could reclaim their belongings.

But the controversial scheme has now been stopped after just one day, with one lawyer insisting the program was illegal.

"In effect what they're doing is stealing these people's property,” said John Williams, a New Haven civil rights attorney, told Q13 Fox.

“They have no right to enter their car at all because just because the fact it's not locked doesn't mean it's not your private property."
New Haven police are stealing valuables out of cars if they have left their doors unlocked to teach locals a lesson. Q13 Fox News
New Haven police are stealing valuables out of cars if they have left their doors unlocked to teach locals a lesson.

Williams claimed the pilot program is a violation of the fourth amendment and added: “They ought to get sued."

Police said the idea was to highlight the importance of being keeping cars locked ahead of holiday season.

“I thought it was a brilliant initiative but the city was concerned that it could have legal complications,” Chief Dean Esserman told the New Haven Register.

“So, I asked our officers to stop that initiative but keep on working on car break-ins.”
"In effect what they're doing is stealing these people's property,” said John Williams, a New Haven civil rights attorney. Q13 Fox News
"In effect what they're doing is stealing these people's property,” said John Williams, a New Haven civil rights attorney.

City representatives had argued there is a "caretaker" provision in state law that allowed them to carry out the scheme.
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Reply with quote  #92 
http://www.usatoday.com/story/opinion/2015/11/09/police-shootings-immunity-federal-state-prosecution-supremacy-column/75213044/


Bureau of Alcohol, Tobacco, Firearms and Explosives agents near Ruby Ridge in 1992.

Do federal agents need a license to kill in order to protect us? Unfortunately, federal judges are giving law enforcement agents blanket immunity when they shoot Americans while the agents are on the job. It would be difficult to imagine a greater violation of equal rights under the law or a bigger mockery of due process.

After Larry Jackson, Jr., of Austin, Texas, was killed by a policeman in 2013, a local prosecutor indicted the policeman on manslaughter charges. Jackson’s family claimed that he had been executed by the policeman but a federal judge granted immunity from prosecution because the policeman “was acting in his capacity as a federal officer.” The ruling in the Austin case could extend federal immunity from prosecution for shootings to “hundreds, if not thousands, of state and local police officers who participate in federal task forces,” the Washington Post noted.

Federal officers have been involved in 33 killings so far this year. The Justice Department almost never prosecutes federal agents for shootings in the line of duty, and the feds have invoked the Supremacy Clause of the Constitution to block state and local prosecutions of federal agents in recent decades. The ruling in the Austin case “raises the question of when, if ever, a federal law enforcement officer can be charged with a crime for killing someone in the line of duty,” the Post noted.

The best-known case of immunity for federal officers involves Lon Horiuchi, the FBI sniper who in 1992 gunned down 42-year-old Vicki Weaver as she stood in a cabin doorway in Ruby Ridge, Idaho holding her 10 month-old-baby. Horiuchi previously shot her husband, Randy Weaver, who was outside the cabin and under indictment on a federal firearms charge. A confidential Justice Department report condemned Horiuchi for taking a shot with a high-powered rifle through a cabin door when he believed someone was standing behind it. But other Justice Department and FBI officials warned that permitting Horiuchi to be prosecuted would have “an enormously chilling effect on federal operations, especially law enforcement.” A local prosecutor indicted Horiuchi on manslaughter charges anyhow.

But federal judge Edward Lodge ruled in 1998 that Horiuchi could not be tried for killing Vicki Weaver because he was a federal agent on duty, and thus effectively exempt from any jurisdiction of state courts. Lodge focused on Horiuchi's "subjective beliefs": as long as Horiuchi supposedly did not believe he was violating anyone's rights or acting wrongfully, then he could not be guilty. The judge even blamed Vicki Weaver for her own death. Lodge decreed that "it would be objectively reasonable for Mr. Horiuchi to believe that one would not expect a mother to place herself and her baby behind an open door outside the cabin after a shot had been fired and her husband had called out that he had been hit." Thus, if an FBI agent unjustifiably shoots one family member, the government apparently receives a presumptive right to shoot any other family member who fails to hide.


POLICING THE USA: A look at race, justice, media

The U.S. Marshals Service has been involved in 18 killings this year — more than any other law enforcement agency in the nation. But U.S. marshals enjoy de facto immunity for any use of force in the line of duty. Marshals Service spokesman Drew Wade told the Washington Post that “he could not recall a case that led to criminal charges.”

Prior to Horiuchi killing Vicki Weaver, 14-year-old Sammy Weaver and a family friend encountered a team of three undercover U.S. marshals who had taken up a "defensive position" not far from the Weaver's residence; one of the marshals fatally shot Sammy. According to the friend, Sammy was leaving the scene when he was shot.

Even though the marshals’ statements and testimony on the conflict were riddled with contradictions, the Marshals Service gave its highest valor award to the marshal who killed the young boy and the other undercover marshals who provoked a firefight (in which one marshal was killed).



Judges tend to presume that killings by federal agents are immune from prosecution even though agencies are notorious for covering up the confrontations. As the Post noted, “details about shootings involving federal officers tend to be particularly closely held.” It took the Post almost two months to simply learn the name of a man killed during a recent FBI pornography raid in Chester, Penn.

It is absurd to presume that police are guilty any time they shoot a private citizen during a confrontation. But it is equally absurd to presume that all law enforcement agents are sacrosanct and all their killings justified. America is at risk of becoming a two-tiered society: those whom
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Reply with quote  #93 




Victims' hopes for justice fade as rape kits are routinely ignored or destroyed

Tens of thousands of boxes have collected in ‘rape kit backlog’ as some states lack rules on how long evidence should be kept while some police departments destroy kits after a year
Tens of thousands of rape kits have created a ‘rape kit backlog’ over decades.

Tuesday 10 November 2015 07.30 EST
Last modified on Tuesday 10 November 2015

Susan Kendrick Shuenemann was on the phone with her sister blocks from her new home in Savannah, Georgia, when a man interrupted and asked for directions. She didn’t know the area, and told him so.

She was watching him walk away when he turned, snapped his fingers and marched back. She turned away from him. Moments later she heard a pistol cock next to her head.

She said he forced her to the backyard of an abandoned house, made her undress, and shot her in the gut. He dragged her under the vacant building and raped her in a filthy crawlspace, she said. Then, he walked away.

She made her way to an ambulance hours later after performing a grim mental calculus: if she died right here, would her family find her?

“Just help me to survive it,” she thought when she passed out in the back of the ambulance. “Now, that would change over the course of time, because you become aware that it would have been easier to not have survived it.”

Shuenemann was just 19 years old then, a beauty school student in Savannah in 1985. She passed out for most of her ambulance ride and some time at the hospital, as doctors worked to remove a bullet that pierced her liver and colon, fragmented and lodged a quarter-inch from her spine.

She wouldn’t find out for nearly 20 years, working on another rape victim’s case at the Barrow County district attorney’s office, that doctors collected evidence in a rape kit that night, and that it made it all the way to the Georgia bureau of investigations. It would be almost two years more before she discovered it was destroyed, discarded by police in 1988. She said she reported her assault to police at the time, but her case was closed less than a year later. Savanah-Chatham police did not comment on Schuenemann’s allegations, despite multiple requests.

“There was always the question, and there’s still the question honestly, could it still exist somewhere? But I do believe that Savannah [police] and the GBI as well as the DA’s office have looked thoroughly,” she said. “I drove myself crazy for a couple years about it, because it was so hard to fathom. To find out it once existed, and to find out it was gone – it was devastating.”
Advertisement

Her case is not uncommon.

For decades, tens of thousands of boxes of DNA evidence that nurses meticulously gathered from the bodies and clothing of sex assault victims sat stacked in storage rooms, ignored. Later, this mountain of untested evidence would be known as the “rape kit backlog”.

As scrutiny of disregarded rape kits mounted, a portrait of a more difficult to tally sort emerged – rape kits police destroyed. As with the rape kit backlog, there is no national tally of the kits police destroyed. But increasingly, local media have published reports of police destroying rape kits in states as disparate as Utah, Kentucky and Colorado.

In some cases, police destroyed kits because they deemed allegations unfounded, alleged that victims didn’t cooperate or arrested suspects without the benefit of DNA. In others, victims never filed a police report and relinquished DNA to a group of anonymous rape kits known as non-reporting or “Jane Doe” evidence, collected in case they one day decide they can report.

In 2013, in Aurora, Colorado, police department workers derailed a prosecution when they destroyed a rape kit from a 2009 assault. The error was discovered when a detective got a hit on an offender DNA profile, went to pick up the rape kit and was told it no longer existed. Shortly thereafter, police stopped all evidence destruction while they investigated, and found workers destroyed evidence in 48 rape cases between 2011 and 2013.
Advertisement

In Salt Lake City, 222 of the 942 kits collected between 2004 and 2014 were destroyed. Of those, just 59 were tested and went to court.

In Hamilton County, Tennessee, sheriff’s employees destroyed rape kits with marijuana and cocaine from drug busts, angering the local prosecutor who said he wasn’t consulted.

In Kentucky, the state auditor discovered some police departments routinely destroyed rape kits after a year, even though the state had no statute of limitations for rape. The perpetrators could have been prosecuted as long as they were alive. He wouldn’t hazard a guess at how many kits had been destroyed by police.

“You may have a hit against the national DNA database, and when law enforcement or prosecutors are notified, [they] find out evidence has been destroyed,” said Kentucky state auditor Adam Edelen. “That’s a scandal – it’s a tragedy.”

The destruction of rape kits comes as lawmakers take a keen interest in adding arrestee DNA to CODIS (short for the Combined DNA Index System). That national database was designed to serve as a bank of DNA from both suspects and from crime scenes. Advocates, however, contend that the destruction of rape kits represents the nation’s prioritization of offender DNA over crime scene DNA.

“[What] we are seeing is very retarded movement in the testing of crime scene evidence. In other words, you can collect all the offender evidence you want; if you have nothing to compare it to – in other words, crime scene evidence – you’re going to solve very few crimes,” said Rebecca Brown, policy director at the Innocence Project. Studying evidence retention policies was one of her first projects when she started at the agency in 2005, she said.

Most state lawmakers, she said, fail to provide guidance on when to test and retain crime scene evidence, which in the case of a sexual assault is a rape kit.

Alabama, for example, collects DNA from everyone arrested for any felony, and from people arrested for some misdemeanor sex crimes. But the state has no statute governing how long police should keep DNA evidence collected from crime scenes, such as rape kits, according to the National Conference of State Legislatures and the National Center for Victims of Crime (both in 2013).

“We are seeing huge changes in policy around the collection of evidence from offenders: in other words, a huge increase in the collection of swabs of people,” she said.

Experts said about half of states have laws to tell police how long to preserve evidence, everything from DNA to handguns involved in serious crimes, but even those tend to focus on keeping evidence after conviction. That leaves unsolved crimes in legal limbo.

Contrast Alabama’s lack of a statute with Mississippi: there, evidence must be preserved for the length of time a crime is unsolved or until a convicted person is released from custody, the National Center for Victims of Crime reported. This kind of statute, advocates say, provides greater protection not just for victims of crimes but for the wrongfully convicted.

States lacking evidence retention laws are not split between liberal or conservative, nor are they geographically grouped. They span from Vermont to Tennessee and from Pennsylvania to Utah.

“There is no rhyme or reason,” said Brown. “We can’t even divine a pattern to share with you. We’ve seen good laws in states like Texas … My home state [of New York] has no [evidence] preservation law, so there’s just an incredible mix.”

One kind of kit in particular, called a “non-reporting” or “Jane Doe” kit, is particularly vulnerable to destruction. Beginning in 2009, the Violence Against Women Act required states accepting grant money to provide a way for women to undergo a rape exam without reporting a crime to police. VAWA also allowed states to determine how long to keep those kits, who offers them and where they are kept.

The provision, meant to encourage rape victims to preserve evidence, even if they weren’t ready to report, means that thousands of anonymous kits sit untested in rape crisis centers, hospitals and police departments for as little as a month or indefinitely.

For example, in Florida, policies for how long to keep anonymous rape kits varied widely between crisis centers where they were collected. As of 2009, kits at a Tampa Bay Area clinic were kept for as little as 30 days, but kits from victims in Escambia and Santa Rosa counties will be held for up to four years by the sheriff’s department, according to data collected by the Florida Council Against Sexual Violence.

Shuenemann said her case was closed within nine months of the incident, after she couldn’t identify her perpetrator from dozens of mugshots. A former police chief, Michael Berkow, told the Denver Post in 2007 that the loss of her evidence was a failure.

“Think about all of the cases, not just rape but any form of sexual assault, murder, all the cases where evidence has not
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joeb

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Reply with quote  #94 
http://www.theguardian.com/society/2015/nov/10/sexual-assault-rape-kit-backlog-ignored-destroyed



Victims' hopes for justice fade as rape kits are routinely ignored or destroyed

Tens of thousands of boxes have collected in ‘rape kit backlog’ as some states lack rules on how long evidence should be kept while some police departments destroy kits after a year
Tens of thousands of rape kits have created a ‘rape kit backlog’ over decades.

Tuesday 10 November 2015 07.30 EST
Last modified on Tuesday 10 November 2015

Susan Kendrick Shuenemann was on the phone with her sister blocks from her new home in Savannah, Georgia, when a man interrupted and asked for directions. She didn’t know the area, and told him so.

She was watching him walk away when he turned, snapped his fingers and marched back. She turned away from him. Moments later she heard a pistol cock next to her head.

She said he forced her to the backyard of an abandoned house, made her undress, and shot her in the gut. He dragged her under the vacant building and raped her in a filthy crawlspace, she said. Then, he walked away.

She made her way to an ambulance hours later after performing a grim mental calculus: if she died right here, would her family find her?

“Just help me to survive it,” she thought when she passed out in the back of the ambulance. “Now, that would change over the course of time, because you become aware that it would have been easier to not have survived it.”

Shuenemann was just 19 years old then, a beauty school student in Savannah in 1985. She passed out for most of her ambulance ride and some time at the hospital, as doctors worked to remove a bullet that pierced her liver and colon, fragmented and lodged a quarter-inch from her spine.

She wouldn’t find out for nearly 20 years, working on another rape victim’s case at the Barrow County district attorney’s office, that doctors collected evidence in a rape kit that night, and that it made it all the way to the Georgia bureau of investigations. It would be almost two years more before she discovered it was destroyed, discarded by police in 1988. She said she reported her assault to police at the time, but her case was closed less than a year later. Savanah-Chatham police did not comment on Schuenemann’s allegations, despite multiple requests.

“There was always the question, and there’s still the question honestly, could it still exist somewhere? But I do believe that Savannah [police] and the GBI as well as the DA’s office have looked thoroughly,” she said. “I drove myself crazy for a couple years about it, because it was so hard to fathom. To find out it once existed, and to find out it was gone – it was devastating.”
Advertisement

Her case is not uncommon.

For decades, tens of thousands of boxes of DNA evidence that nurses meticulously gathered from the bodies and clothing of sex assault victims sat stacked in storage rooms, ignored. Later, this mountain of untested evidence would be known as the “rape kit backlog”.

As scrutiny of disregarded rape kits mounted, a portrait of a more difficult to tally sort emerged – rape kits police destroyed. As with the rape kit backlog, there is no national tally of the kits police destroyed. But increasingly, local media have published reports of police destroying rape kits in states as disparate as Utah, Kentucky and Colorado.

In some cases, police destroyed kits because they deemed allegations unfounded, alleged that victims didn’t cooperate or arrested suspects without the benefit of DNA. In others, victims never filed a police report and relinquished DNA to a group of anonymous rape kits known as non-reporting or “Jane Doe” evidence, collected in case they one day decide they can report.

In 2013, in Aurora, Colorado, police department workers derailed a prosecution when they destroyed a rape kit from a 2009 assault. The error was discovered when a detective got a hit on an offender DNA profile, went to pick up the rape kit and was told it no longer existed. Shortly thereafter, police stopped all evidence destruction while they investigated, and found workers destroyed evidence in 48 rape cases between 2011 and 2013.
Advertisement

In Salt Lake City, 222 of the 942 kits collected between 2004 and 2014 were destroyed. Of those, just 59 were tested and went to court.

In Hamilton County, Tennessee, sheriff’s employees destroyed rape kits with marijuana and cocaine from drug busts, angering the local prosecutor who said he wasn’t consulted.

In Kentucky, the state auditor discovered some police departments routinely destroyed rape kits after a year, even though the state had no statute of limitations for rape. The perpetrators could have been prosecuted as long as they were alive. He wouldn’t hazard a guess at how many kits had been destroyed by police.

“You may have a hit against the national DNA database, and when law enforcement or prosecutors are notified, [they] find out evidence has been destroyed,” said Kentucky state auditor Adam Edelen. “That’s a scandal – it’s a tragedy.”

The destruction of rape kits comes as lawmakers take a keen interest in adding arrestee DNA to CODIS (short for the Combined DNA Index System). That national database was designed to serve as a bank of DNA from both suspects and from crime scenes. Advocates, however, contend that the destruction of rape kits represents the nation’s prioritization of offender DNA over crime scene DNA.

“[What] we are seeing is very retarded movement in the testing of crime scene evidence. In other words, you can collect all the offender evidence you want; if you have nothing to compare it to – in other words, crime scene evidence – you’re going to solve very few crimes,” said Rebecca Brown, policy director at the Innocence Project. Studying evidence retention policies was one of her first projects when she started at the agency in 2005, she said.

Most state lawmakers, she said, fail to provide guidance on when to test and retain crime scene evidence, which in the case of a sexual assault is a rape kit.

Alabama, for example, collects DNA from everyone arrested for any felony, and from people arrested for some misdemeanor sex crimes. But the state has no statute governing how long police should keep DNA evidence collected from crime scenes, such as rape kits, according to the National Conference of State Legislatures and the National Center for Victims of Crime (both in 2013).

“We are seeing huge changes in policy around the collection of evidence from offenders: in other words, a huge increase in the collection of swabs of people,” she said.

Experts said about half of states have laws to tell police how long to preserve evidence, everything from DNA to handguns involved in serious crimes, but even those tend to focus on keeping evidence after conviction. That leaves unsolved crimes in legal limbo.

Contrast Alabama’s lack of a statute with Mississippi: there, evidence must be preserved for the length of time a crime is unsolved or until a convicted person is released from custody, the National Center for Victims of Crime reported. This kind of statute, advocates say, provides greater protection not just for victims of crimes but for the wrongfully convicted.

States lacking evidence retention laws are not split between liberal or conservative, nor are they geographically grouped. They span from Vermont to Tennessee and from Pennsylvania to Utah.

“There is no rhyme or reason,” said Brown. “We can’t even divine a pattern to share with you. We’ve seen good laws in states like Texas … My home state [of New York] has no [evidence] preservation law, so there’s just an incredible mix.”

One kind of kit in particular, called a “non-reporting” or “Jane Doe” kit, is particularly vulnerable to destruction. Beginning in 2009, the Violence Against Women Act required states accepting grant money to provide a way for women to undergo a rape exam without reporting a crime to police. VAWA also allowed states to determine how long to keep those kits, who offers them and where they are kept.

The provision, meant to encourage rape victims to preserve evidence, even if they weren’t ready to report, means that thousands of anonymous kits sit untested in rape crisis centers, hospitals and police departments for as little as a month or indefinitely.

For example, in Florida, policies for how long to keep anonymous rape kits varied widely between crisis centers where they were collected. As of 2009, kits at a Tampa Bay Area clinic were kept for as little as 30 days, but kits from victims in Escambia and Santa Rosa counties will be held for up to four years by the sheriff’s department, according to data collected by the Florida Council Against Sexual Violence.

Shuenemann said her case was closed within nine months of the incident, after she couldn’t identify her perpetrator from dozens of mugshots. A former police chief, Michael Berkow, told the Denver Post in 2007 that the loss of her evidence was a failure.

“Think about all of the cases, not just rape but any form of sexual assault, murder, all the cases where evidence has not
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Reply with quote  #95 
http://minnesota.cbslocal.com/2015/11/10/fmr-fbi-agent-early-wetterling-investigation-was-a-bad-mistake/




FBI Agent: Early Wetterling Investigation Was ‘A Bad Mistake’
November 10, 2015 10:38 PM

MINNEAPOLIS — A former FBI agent who supervised the Jacob Wetterling investigation says the agency botched how it first handled the man now considered a person of interest in the case.

Al Garber wrote in “Striving To Be The Best,” his out-of-print 2009 memoir, that the FBI’s encounter with Danny Heinrich in 1990 was a “comedy of errors” and “a bad mistake.”

The book details Garber’s career, including his work as an FBI supervisor in charge of the Wetterling investigation from 1989 to 1992.

While Garber does not identify Heinrich by name, the account matches details in documents made public when Heinrich was arrested last month.
(credit: U.S. Attorney's Office)

(credit: U.S. Attorney’s Office)

It was on Dec. 14, 1989, seven weeks after Wetterling’s kidnapping, that the FBI announced they believed there had been another victim.

“These facts match up with Jacob’s abduction,” FBI Special Agent Jeff Jamal said in 1989.

That victim was 12-year-old Jared Scheierl. Nine months before Wetterling, Scheierl was abducted, sexually assaulted and let go in nearby Cold Spring.
Jared Scheierl (credit: CBS)

Jared Scheierl (credit: CBS)

Scheierel told us in 2014 that his abductor let him go after threatening him.

“I was dropped off and told to run,” Scheierl said. “Don’t look back or he would shoot.”

At that same press conference in 1989, investigators unveiled a sketch that Scheierl had helped create — which bears a striking resemblance
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Reply with quote  #96 








https://personalliberty.com/fbi-agents-busting-ass-to-blow-the-top-off-hillary-clintons-email-problem/



FBI infiltrated nonvoilent protest outside Georgia army base

Young people join a rally during the SOA Watch protests outside Fort Benning, Ga., Nov. 22, 2009.





Nov. 12, 2015
A Freedom of Information Act request has revealed that School of the Americas Watch, a nonviolent human rights organization founded by a Maryknoll priest, was investigated and infiltrated by the Federal Bureau of Investigation for at least a decade.

The 429 pages of documents, which were obtained by Washington D.C.-based lawyer Mara Verheyden-Hilliard, also show SOA Watch was under surveillance by a consortium of law enforcement agencies that included the FBI’s counter-terrorism division, said Loyola Law School Professor Bill Quigley of the SOA Watch Legal Collective, and who is referred to in one FOIA document without mentioning his name.

In comments to NCR, Quigley, who authored a summary of the FBI documents, said the FBI surveillance has had a chilling impact on some SOA Watch activists. “Even people who have been involved in this movement for a long time were chilled by the fact that they were being subject to counter-terrorism monitoring and surveillance,” Quigley said.

The released files, which are heavily redacted and did not include 75 pages that were withheld from the release, cover the years 2001-2010. The report was released just a week prior to the SOA Watch’s 25th anniversary gathering at Ft. Benning in Columbus, Ga., where most of the FBI’s surveillance was conducted.

The annual protest, began as an effort to close the U.S. Army School of the Americas, an Army training school for Latin American soldiers, some of whom carried out human rights abuses and murders in their native countries. The school is now called the Western Hemisphere Institute for Security Cooperation. SOA Watch was founded in 1990 by former Maryknoll priest, Fr. Roy Bourgeois, a former Latin American missionary.

Support the independent Catholic news source that's on the ground bringing you the full story. Subscribe to NCR today!

In a document, dated Oct. 3, 2005, the FBI requested that the SOA Watch protest be designated as a “Special Events Readiness Level” (SERL). Quigley said SERL events involve coordination between local law and state law enforcement, the Department of Homeland Security, the FBI, and the Federal Emergency Management Agency “with the U.S. Secret Service designated as the lead agency.”

Despite no incidents of violence over the multi-year period of the gatherings, the FBI justified its activities by claiming that other groups, such as anarchists, could join SOA Watch events and cause problems. “The peaceful intentions of the SOA Watch leaders has been demonstrated over the years,” the 2005 report noted. “The concern has always been that a militant group would infiltrate the protestors and use of the cover of the crowd to create problems. At this time, there are no specific or known threats to this event.”

An Oct. 23, 2003, FBI memo refers to “The Americas Anarchist Movement” and notes that the bureau was “concerned that factions of a radical cell will travel to [the SOA protest] and may implement or instigate violent and destructive behavior.”

Past media accounts in NCR have shown that nothing like that has ever occurred at any of the two dozen annual SOA Watch protests at Ft. Benning.

Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, the group that made the FOIA request, said the FBI has an institutional history of justifying its actions as necessary to prevent otherwise nonviolent groups from being infiltrated by those with bad intentions.

“When you criminalize dissent or make peaceful dissent have the appearance of criminal character because of its response to it, it can’t help but impact people’s ability to come out and express their point of view,” Verheyden-Hilliard told NCR.

“But at the same time, the FBI and Department of Homeland Security engage in this following a long tradition of American law enforcement and intelligence agencies acting this way against political and social justice movements in the United States. …

“It’s basically where federal and local enforcement begin to set themselves up as if they’re engaged in paramilitary operations against peaceful protesters.”

Verheyden-Hilliard said the SOA Watch files show a pattern used by the FBI to justify its actions from year to year.

“Every year they acknowledge that it’s peaceful and just about every year they have some type of alarmist warning that ‘While it’s peaceful, you never know when something will turn unpeaceful. While it’s peaceful you never when someone will infiltrate it and more radical groups will show up.’ And by that logic every single mass gathering in the United States could be deemed by the FBI to have potential terrorist activity,” she said.

Verheyden-Hilliard said the FBI’s monitoring of SOA Watch was “a significant expenditure of taxpayer dollars” used to monitor the activities of what she called a group of “pacifist nuns.” Ironically, said

Verheyden-Hilliard, “SOA Watch is an organization that had dedicated itself to actually trying to find U.S.-trained terrorists, who are then sent to other countries. They’re as far from terrorists themselves as you can get.”

FOIA documents show that in September 2004 the FBI communicated with a confidential informant who handed over a “compiled manual for affinity groups, with telephone number of Legal Advisor from Loyola University (Louisiana)” and provided the FBI with the names and email addresses of people associated with SOA Watch.

“To have this event and this movement for human rights categorized as subject to counter-terrorism and these sorts of things is scary to people, and it’s very sad,” Quigley said.

Bourgeois said local law enforcement and other groups like the FBI, were never able to show that SOA Watch was anything but peaceful.

“Our actions were always rooted to nonviolence; connected in solidarity with the people of Latin America, Bourgeois said. “Our goal to shut down the School of the Assassins as it became known. There were times that I felt they [law enforcement agencies] were kind of hoping maybe to find something they could use to discredit us. They never did.”

SOA Watch has made all 429 pages from the FBI files available on its website along with a summary of the material.
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Reply with quote  #97 
couple of reads



1.

FBI launches investigation into rancher killed by deputies
POSTED: 10:57 AM MST Nov 13, 2015
http://www.localnews8.com/news/fbi-launches-investigation-into-rancher-killed-by-deputies/36428714


The FBI has launched a separate investigation into the death of an Idaho rancher who was shot and killed by sheriff's deputies after one of his bulls was hit by a car and charged emergency crews.

Jack Yantis died Nov. 1 ago after an altercation with two Adams County deputies. Police say the deputies were planning to shoot the animal when the 62-year-old rancher



2.


The F.B.I. Deemed Agents Faultless in 150 Shootings
JUNE 18, 2013


http://www.nytimes.com/2013/06/19/us/in-150-shootings-the-fbi-deemed-agents-faultless.html?_r=0


Photo
An apartment complex in Orlando, Fla., where Ibragim Todashev was killed by an F.B.I. agent last month.



F.B.I. Shooting Incident Reviews, 1993-2011JUNE 18, 2013
document F.B.I. Shooting Database Overview, 1993-2009JUNE 18, 2013


WASHINGTON — After contradictory stories emerged about an F.B.I. agent’s killing last month of a Chechen man in Orlando, Fla., who was being questioned over ties to the Boston Marathon bombing suspects, the bureau reassured the public that it would clear up the murky episode.

“The F.B.I. takes very seriously any shooting incidents involving our agents, and as such we have an effective, time-tested process for addressing them internally,” a bureau spokesman said.

But if such internal investigations are time-tested, their outcomes are also predictable: from 1993 to early 2011, F.B.I. agents fatally shot about 70 “subjects” and wounded about 80 others — and every one of those episodes was deemed justified, according to interviews and internal F.B.I. records obtained by The New York Times through a Freedom of Information Act lawsuit.

The last two years have followed the same pattern: an F.B.I. spokesman said that since 2011, there had been no findings of improper intentional shootings.
Photo
Differing accounts have emerged about the shooting of Mr. Todashev. Credit Orange County Corrections Department, via Associated Press

In most of the shootings, the F.B.I.’s internal investigation was the only official inquiry. In the Orlando case, for example, there have been conflicting accounts about basic facts like whether the Chechen man, Ibragim Todashev, attacked an agent with a knife, was unarmed or was brandishing a metal pole. But Orlando homicide detectives are not independently investigating what happened.

“We had nothing to do with it,” said Sgt. Jim Young, an Orlando police spokesman. “It’s a federal matter, and we’re deferring everything to the F.B.I.”

Occasionally, the F.B.I. does discipline an agent. Out of 289 deliberate shootings covered by the documents, many of which left no one wounded, five were deemed to be “bad shoots,” in agents’ parlance — encounters that did not comply with the bureau’s policy, which allows deadly force if agents fear that their lives or those of fellow agents are in danger. A typical punishment involved adding letters of censure to agents’ files. But in none of the five cases did a bullet hit anyone.

Critics say the fact that for at least two decades no agent has been disciplined for any instance of deliberately shooting someone raises questions about the credibility of the bureau’s internal investigations. Samuel Walker, a professor of criminal justice at the University of Nebraska Omaha who studies internal law enforcement investigations, called the bureau’s conclusions about cases of improper shootings “suspiciously low.”

Current and former F.B.I. officials defended the bureau’s handling of shootings, arguing that the scant findings of improper behavior were attributable to several factors. Agents tend to be older, more experienced and better trained than city police officers. And they generally are involved only in planned operations and tend to go in with “overwhelming


Also see


Why the FBI Shouldn't Be Trusted to Investigate the Death of Ibragim ...
http://www.theatlantic.com/national/archive/...fbi...to-investigate.../277040/
Jun 20, 2013 - Implicit in those calls is a judgment that the FBI itself can't necessarily ... In most of the shootings, the F.B.I.'s internal investigation was the only ...
The FBI's Nearly Unbelievable Record of "Justified" Shootings - Slate
http://www.slate.com/.../ibragim_todashev_shooting_fbi_says_its_never_unjustifi...
Jun 19, 2013 - The FBI's Nearly Unbelievable Record of "Justified" Shootings. In this booking photo provided by the Orange County Sheriff's Office, Ibragim Todashev poses for his mug shot after being arrested for aggravated battery May 4, 2013 in Orlando, Florida. ... We're still waiting for the FBI ...
The FBI's License to Kill: Agents Have Been Deemed "Justified" in ...
http://www.democracynow.org/2013/6/21/the_fbis_license_to_kill_agents
Jun 21, 2013 - "The F.B.I. Deemed Agents Faultless in 150 Shootings. ... what happened; they defer to the Federal Bureau of Investigation to investigate itself.
Ibragim Todashev investigation: FBI agent still anonymous ...
articles.orlandosentinel.com/.../os-ibragim-todashev-investigation-2014032...
Mar 28, 2014 - A report on the FBI shooting of Ibragim Todashev answered a number of ... "When you have an agency investigating itself, there is a natural ...
Report to shed light on what really took place when FBI shot Ibragim ...
http://www.theguardian.com › US News › Boston Marathon bombing
Mar 24, 2014 - But on May 22, an FBI agent shot Ibragim Todashev – a 27-year old former ... by state and local police as well as the FBI shooting investigation. ... That homicide is itself one of the great counterfactuals of the case: an extensive ...
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joeb

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http://www.alternet.org/news-amp-politics/all-50-states-were-given-corruption-test-all-3-made-ds-and-fs


All 50 States Were Given a Corruption Test, All But 3 Made D's and F's
Eleven states flunked the 2015 State Integrity Investigation.
By Andrew Emett / The Free Thought Project
November 14, 2015

A recent study found that 47 state governments scored a D or lower in providing transparency and accountability while repeatedly engaging in public corruption.
Photo Credit: The Free Thought Project

A recent study found that 47 state governments scored a D or lower in providing transparency and accountability while repeatedly engaging in public corruption. The only three states
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joeb

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Reply with quote  #99 




Column

http://www.latimes.com/opinion/op-ed/la-oe-1115-mcmanus-candidates-mizzou-yale-20151115-column.html


Despite sound bites, presidential candidates are resisting the urge to polarize on police violence

In August, Sen. Marco Rubio called growing resentment in the African American community toward the criminal justice system "a legitimate issue." (John Raoux / Associated Press)

Are we heading back to the 1960s, when cities and campuses spiraled into chaos and conservatives won elections by demanding law and order? In a period that has seen riots over police conduct in Ferguson, Mo., and Baltimore, attacks on police officers in New York and other cities, and now student protests, it sometimes feels that way.

Last week, several Republican candidates sounded as if they were reviving the tough justice theme that helped Ronald Reagan and Richard M. Nixon rise to power almost half a century ago. Donald Trump derided university presidents who bow to student demands as “weak, ineffective people,” and said he wouldn't have quit if he had been in charge at the University of Missouri. Ben Carson warned that if society coddles students, “We will move much further toward anarchy than anybody can imagine.” And Chris Christie said it was all President Obama's fault: “This is a product of the president's own unwi
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joeb

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couple of Orwells coming your way..,,.




http://www.newsweek.com/jamar-clark-federal-agencies-investigate-police-involved-shooting-minneapolis-395812


FBI Agrees to Investigate Officer-Involved Shooting of Minneapolis Black Man Jamar Clark
11/18/15 at 9:28 AM

A makeshift memorial is seen at the location where Jamar Clark was shot by police in Minneapolis, Minnesota, on November 16. Todd Melby/Reuters
Filed Under: U.S., Minneapolis, Minnesota, Police, Shootings, Black Lives Matter, U.S. Department of Justice

The FBI will conduct a criminal civil rights investigation into a police-involved shooting of a black man in Minneapolis



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http://m.democracynow.org/stories/13727




FBI’s License to Kill: Agents Have Been Deemed "Justified" in Every Shooting Since 1993


New documents reveal the FBI has cleared its agents in every single shooting incident dating back two decades. According to The New York Times, from 1993 until today, FBI shootings were deemed justified in the fatal shootings of 70 people and the wounding of 80 others. Out of 289 shootings that were found to be deliberate, no agent was disciplined except for letters of censure in five cases. Even in a case where the bureau paid a shooting victim more than a million dollars to settle a lawsuit, the internal review did not find the agent who shot the man culpable. The issue of FBI accountability has recently re-emerged following last month’s fatal shooting of Ibragim Todashev during questioning by agents in Orlando, Florida. He was reportedly unarmed. We speak to Charlie Savage, the Pulitzer Prize-winning New York Times reporter who co-reported the story.

JUAN GONZÁLEZ: As President Obama prepares to nominate James Comey today to head the FBI, the agency is facing new questions over how it handles shootings involving FBI agents. A new look at the FBI’s internal investigations has found the bureau has cleared its agents in every single shooting incident dating back two decades. According to The New York Times, from 1993 until today, FBI shootings were deemed justified in the fatal shootings of 70 people and the wounding of 80 others. Out of 289 shootings that were found to be deliberate, no agent was disciplined except for letters of censure in five cases. Even in a case where the bureau paid a shooting victim over a million dollars to settle a lawsuit, the internal review did not find the agent who shot the man culpable.

AMY GOODMAN: The issue of FBI accountability has recently re-emerged following last month’s fatal shooting of Ibragim Todashev during questioning by agents in Orlando, Florida. A Chechen native, Todashev who was interrogated over his ties to one of the suspects in the Boston Marathon bombing. The Washington Post and several TV news organizations reported he was unarmed, citing unnamed law enforcement officials.

Well, on Thursday, I spoke to Pulitzer Prize-winning journalist Charlie Savage, the Washington correspondent for The New York Times who co-wrote the recent article called "The F.B.I. Deemed Agents Faultless in 150 Shootings." I began by asking Charlie Savage to lay out what he found.

CHARLIE SAVAGE: Well before this recent shooting incident in Orlando, which remains murky—you said that the FBI admitted he wasn’t armed. That’s one story. Another version is, oh, he was—attacked an agent with a knife. And yet another one says he was brandishing a pole. All these, of course, cited to anonymous law enforcement officials, so who knows what happened in that room at this stage?

But well before that incident, I had been looking into FBI shooting incidents over many years. And, in fact, we filed a Freedom of Information Act lawsuit to obtain the internal records of FBI shooting reviews—every time an agent pulls a trigger, they conduct an internal review of that incident—for all deliberate shootings dating back to 1993. And, of course, now it was suddenly very timely, because the FBI had just shot this man under very murky circumstances. And as typically the case when the FBI kills someone or shoots someone, local homicide detectives—in this case, the Orlando Police Department—are not conducting an independent investigation to try to figure out what happened; they defer to the Federal Bureau of Investigation to investigate itself.

And what this enormous pile of documents that we eventually obtained, all shooting—deliberate shooting incidents going back to 1993, showed was that in every instance in that 20-year span, so presumably for some time beyond that, but that’s all we have, where an FBI bullet hit somebody and either killed them or wounded them, that was deliberately fired, the agency cleared the agent of any wrongdoing, found that it was a justified shoot, a "good shoot," in agent’s parlance. There were five supposed, what they would call "bad shoots," where agents did get letters of censure for doing things like firing a warning shot above a crowd. None of those incidents, though, involved anyone getting hit by a bullet.

AMY GOODMAN: Charlie Savage, you quote Professor Samuel Walker, who teaches criminal justice, about the problem with this.

CHARLIE SAVAGE: Yes. See, this is a professor who studies internal law enforcement investigations, and he said that this very low rate of finding bad shoots, basically zero when someone was actually hurt, or an animal, for that matter—a subset of these are shooting dogs that were menacing while serving an arrest warrant for something—was suspiciously low, in his words. But, of course, you don’t know that it means that in fact something was wrong; it’s just suspiciously low. And one of the problems in evaluating this document set—this is over over 2,000 pages of documents—is because, as I mentioned earlier, there’s very often, overwhelmingly often, with very few exceptions, no independently produced investigative report by some other authority where you could put the two reports side by side and see: Is this an accurate portrayal of what happened or not?

And, you know, there’s good reason to believe that the FBI would have a generally low rate of bad shootings, because unlike a city police force, FBI agents tend to be older, better trained, more experienced, and perhaps most importantly, they’re not patrolling the streets and responding to in-progress crimes and chaotic situations. When they go into sort of arresting people and so forth, it tends to be preplanned operations where they go in with overwhelming force, and that’s going to minimize chaos. And yet, they still killed or wounded 150 people over 20 years, and it’s kind of remarkable that not once in all that time, even in an instant where the bureau ended up paying over a million dollars to someone who was shot by an agent, did they find internally that that was not a justified shooting.

AMY GOODMAN: Charlie Savage, you referred in this piece to the settlement of a million dollars of a man shot in 2002. Can you describe that case?

CHARLIE SAVAGE: Yes, and let me first preface this by saying why this is a case worth looking at. It’s not that this case is particularly, you know, different than others, although there are some oddities about it, but for—and it’s over a decade old. But what’s interesting about it is it’s a rare exception to the rule that there’s nothing to look at but the FBI’s own narrative of what happened. In this case, there was an independent investigation by a local police detective with the Anne Arundel County police, and there was a lawsuit that led to discovery before it was finally settled, and there were some additional investigations that were conducted as part of that litigation. And so, there was a lot of alternative information to put alongside the FBI’s own version of events to see at least whether they dovetailed or there were some discrepancies. And there were discrepancies.

So, this was a bizarre case. The FBI was looking for a bank robbery suspect that they thought was going to be coming by a convenience store in a white baseball cap in a car driven by his sister. And, unfortunately, another man fitting that description, who was innocent, Joseph Schultz, came by in a white baseball cap in a car driven by his girlfriend. And so the FBI thought he was the bank robbery suspect and chased the car down, turned on the sirens, swarmed around it, forced it over, surrounded it with guns, and just a moment later shot Mr. Schultz—an agent shot Mr. Schultz in the face. And he miraculously survived. The bullet deflected off of a piece of metal on the clip that holds the seat belt, and so it sort of hit his jaw rather than his hea


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http://www.nytimes.com/2013/06/19/us/in-150-shootings-the-fbi-deemed-agents-faultless.html?_r=0

The FBI Deemed Agents Faultless in 150 Shootings - The New York ...
http://www.nytimes..
Jun 18, 2013 - In most of the shootings, the F.B.I.'s internal investigation was the only official inquiry. In the Orlando case, for example, there have been ...
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