by Brian A. Wilkins
8/31/2010

While Fox News and "right wing" groups are screaming for a repeal of Sec. I of the Fourteenth Amendment (the Citizenship Clause; in an effort to prevent anymore Mexicans from becoming U.S. citizens), the Eleventh Amendment continues encouraging and protecting the malfeasant, criminal behavior of judges, prosecutors, police, and many other government officials across the country.

The Eleventh Amendment of the U.S. Constitution was ratified on February 7, 1795, two years after an infant U.S. Supreme Court ruled in the case of Chisolm v. Georgia. In that case, which was an early test of the differences between U.S. law and British law, the Supreme Court ruled that States are not immune from suit brought by private citizens. During the Revolutionary War (1775-1783), a South Carolina merchant named Robert Farquhar sold supplies on credit to the State of Georgia. Georgia refused to pay back the debt because they later learned Farquhar was a loyalist to England. Alexander Chisholm, the executor of Farquhar's estate after he died, filed a lawsuit vs. Georgia in the U.S. Supreme Court, which back-then, was permitted by law and procedure.

The State of Georgia refused to answer the federal complaint, claiming it had sovereign immunity from lawsuits or any other prosecution brought by a citizen. Article III, Sec. 2 of the U.S. Constitution says otherwise, and the Supreme Court ruled in favor of Chisholm in 1793. Less than a year later, the U.S. Congress passed the Eleventh Amendment (ironically, the government's FIRST AMENDMENT after the Bill of Rights) and it was ratified on February 7, 1795, voiding the Chisolm decision and laying the foundation for criminal behavior among state officials. And since its ratification, the Bill of Rights, meant to protect citizens of the United States, has progressively lost the power the American people thought it gave them.

The term "the State" has been made synomymous with certain individuals, particularly prosecutors and judges, who are the only people in the United States who can LEGALLY break the law, because they are "the State." The Eleventh Amendment provides absolute immunity from all civil actions brought by U.S. citizens against malfeasant, criminal state officials, and it gives said corrupt officials a constitutional hiding place when they know they've done wrong.

The United States Supreme Court has repeatedly ruled (e.g. in Imbler v. Pachtman [1976]) that all judges and prosecutors are protected by absolute immunity (via the Eleventh Amendment or British tradition, depending on who you ask) from any and all civil actions and, for the most part, criminal prosecution as well. The Court has also repeatedly ruled that it is "in the public's best interest" for judges and prosecutors to have absolute immunity, aka no accountability, for their actions. Cops, jail guards, and probation/parole officers, and U.S. agents are all given the more practical "qualified immunity,"  which is what all government officials should have.

Qualified immunity is a simple concept: don't violate American citizens' WELL-ESTABLISHED Constitutional rights, while acting as a cop, U.S. agent, etc., and you'll QUALIFY for immunity from virtually all prosecution. In other words, respect our First Amendment rights to freedom of speech, press, and religion; our Sixth Amendment rights to a speedy trial and to competent counsel when "the State" prosecutes American citizens; etc. These aforementioned individuals are "disqualified" from this constitutional perk when our rights are blatantly violated. But it takes years of litigation and money for an attorney that most Americans cannot afford, to actually attempt holding the malfeasant official accountable, thus the criminals will get away with it anyway.

Police all the across the U.S.A. frequently rape, murder, and assault American citizens and are rarely given a punishment remotely close to the crime. There are currently at least three cases pending in state courts where cops have murdered an American citizen, and were either only charged with involuntary manslaughter or only found guilty of involuntary manslaughter. This is the unspoken, unwritten perk of "qualified immunity": a cop can kill someone while on duty and, as patterns and U.S. tradition dictate, they will be charged with a crime such as "involuntary manslaughter" as opposed to the murder charges and potential death sentence you or I would face.

The "absolute immunity" for judges and prosecutors is even scarier. Republicans love Ronald Reagan so much because of his 1986 crime bill, his privatization of prisons, and the subsequent money grab from cheap prison labor and unpayable fines and "restitution" to thousands of unwitting Americans.


President Ronald Reagan's (1981-1989) policies are
responsible for the incarceration of at least 70 percent
of current prisoners in the USA.

And in one of the more disgusting cases in recent memory (and a rare occurrence of acountability), Judges Mark Ciavarella and Michael Conahan, two former Pennsylvania judges, locked up children for years...for money.



Reagan's crime bill, which could have been fixed by Democratic President Bill Clinton's 1994 crime bill (but political pandering prevented that), neatly incorporated the Imbler decision, shielding state and federal prosecutors from any sort of accountability for their actions, which resulted in an astronomically creepy spike in the U.S. prison population from the time Reagan was inaugurated. The numbers don't lie.

While both sides of the political spectrum casually demand "transparency in government," the concept remains impossible because of Eleventh Amendment immunity. Our Declaration of Independence is not only hypocritical, when it declares "all men are created equal "(note: women are noticeably absent from this statement), but is flat-out false because of the Eleventh Amendment. When a class of people are immune to the same justice system which will imprison you five years for having a joint in your pocket, it becomes a real-life comedy, as opposed to the "comity" the state and federal judiciaries protect one another with.



The bottom line is that the Fourteenth Amendment renders the Eleventh Amendment unconstitutional. The Fourteenth Amendment clearly states,  "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Let's break this down so the U.S. Supreme Court can understand this: the Eleventh Amendment, in and of itself, "abridge[s] the privileges or immunities of citizens of the United States" because it allows certain citizens of the U.S. to be immune from the same laws, treatises, and codes we are all made to abide by. States frequently "deprive any person of life, liberty, or property, without due process of law" when a criminal-minded judge or prosecutor has an agenda and convicts an otherwise innocent citizen of manufactured crimes, and there is no re-course for the victim.

And finally, and obviously, there is no "equal protection of the laws" because if that were the case, you and I could lie under oath, file false police reports, kill, rape, and assault people, and either not be charged with a crime at all, or be sentenced to a fine and/or community service. In fact, former Major League Baseball pitcher Roger Clemens, who is currently facing federal prosecution for perjury, and his attorney should argue in court that judges and prosecutors are allowed to lie in court, so he should be able to lie under oath as well, pursuant to the Fourteenth Amendment's "equal protection clause."


Athletes such as Roger Clemens (L), Marion Jones, and Barry Bonds (R) have all faced federal prosecution
for "lying under oath."

It is not unprecedented for one U.S. Constitutional Amendment to void another (see the 18th and 21st Amendments) when it is clearly in the best interest of our country. But the reason the Eleventh Amendment will always stand is because we, a citizens, are asking the very judges whom are protected by this constitutional perk, to give up this virtual "get out of jail free" card they all enjoy. Nearly all U.S. Senators and Congress people have been lawyers and/or judges before, and thus would also never ratify an amendment relinquishing their immunity.

We, as the people of the United States, must elect officials who view accountibility as an absolute necessity in goverment, and not an option, and that would include support for repeal of the Eleventh Amendment's absolute immunity clause. When now-former New York State Supreme Court judge Thomas J. Spargo was convicted last year of extortion, Assistant U.S. Attorney General Lanny A. Breuer paid us all lip service and stated the obvious, in declaring "fair and impartial judgment by those entrusted to carry out the laws is the bedrock of our legal system. When those sworn to uphold the law violate it, they will be held accountable. We cannot and will not allow the public's faith in our legal system to be shaken by judicial corruption."

It will take an entirely new generation of Congress to make something like this, so favorable to the citizens of this country, actually happen. Tea parties, liberal parties, and all the constituents of other parties should unanimously have one thing in common, and that is repeal of the Eleventh Amendment and the creation of true transparency of government. But as long as "criminal justice" remains profitable, and the conspirators are comforted by the fact they will get away with it, and voters blindly keep putting the same 'ol politicians in office, this will never happen.

        

by Brian A. Wilkins
7/14/2010
on behalf of
PHOENIX COPWATCH




Mr. Jermaine Walmsley and his wife, Lurinda Hatathli

Arizona governor Jan Brewer recently said, in defense of her signing SB1070 (the state's new illegal immigration law), that people simply "must trust the police" to enforce the laws with integrity. What happened to Mr. Jermaine Walmsley in the early morning hours of June 12 not only proves why Brewer is a simple-minded puppet to the Arizona "all-boys" GOP, but also why Americans need to become more vigilant with Second Amendment Rights, and protecting themselves against police state henchmen.

It was around 2 a.m. that Saturday morning when Mrs. Lurinda Hatathli called Mesa Police after she and her husband, Mr. Jermaine Walmsley got in an argument and she wanted him to leave. When police arrived, Mr. Walmsley, 36, was outside the couple's apartment building on Mesa Drive, just north of Main Street, sitting on a curb with two of the couple's children. As soon as Mesa cops arrived, one of them, "Officer" Pascarella, immediately pulled out a Taser and aimed the red laser pointer at Mr. Walmsley's throat, and ordered him to put a cigarette out that he was smoking. Mr. Walmsley, who had a cell phone in one hand and the cigarette in the other, put his arms parrallel to the ground, and started kneeling down to put the cigarette out, according to witnesses. Mr. Walmsley slipped and stumbled slightly as he was trying to put the cigarette out, which caused the police to go into a primitive rage which far too many Americans have experienced.

The three cops who were on the scene (Pascarella, along with "officers"  E. Fire and J. Gardner), unprovoked, attacked Mr. Walmsley, all of them throwing closed-fist punches at the victim's face (as his children and wife watched) until he fell to the ground unconscious. One of the cops then jumped on the unconscious victim's back, grabbed the back of his head, and slammed his face into the concrete sidewalk at least three times, according to witnesses. There are still pieces of Mr. Walmsley's face in the sidewalk.

Of course, in keeping with standard U.S. police state protocol, the cops tell an entirely different story. According to Mesa Police, "Officer" T. Pascarella (badge # 16789) pulled out his "X26 Taser" because Mr. Walmsley would not cooperate with an "order to sit down." (see PDF of the police report here). This Pascarella continued, saying he re-holstered his Taser and "decided to go hands-on with Jermaine." Pascarella continued in this narrative, saying his intention was to do a "side cast takedown" (cop-speak for "justified" assault and battery) and admitted to "delivering three closed fist strikes" to Mr. Walmsley's face. "Officer" J. Jones (badge # 16927), who witnesses confirmed was not even at the scene during the attack, also said he "delivered three punches to Walmsley's face as a softening technique."

When it was all said and done, Mr. Walmsley was left unconscious for a few hours, before waking up with a "closed head injury" and a "zygoma fracture," according to records we've obtained. For those of you unfamiliar with what a "zygoma" is (I always thought a "zygote" was the youngest of human embryo), it is those parts of the human skull that form your orbital bones (around your eyes). Here is a scientific look at what it is.


Photo from emedicine.medscape.com.

Or the pictures of Mr. Walmsley after the brutal assault he endured at the hands of these gangsters posing as "officers" might tell the story better.


Mr. Jermaine Walmsley, in a Scottsdale Hospital after the attack.

Mr. Walmsley, of course, was charged with resisting arrest, "criminal damaging," and several other arbitrary felony "crimes." And what's really scary about this latest police state incident in Arizona (since the state is now right up there with Louisiana and California police state policies) is that the worst is yet to be told regarding the victim.

Maricopa County justice soon took over for Mr. Walmsley, as he would spend the next 28 days in Maricopa County Jails, with a broken face needing plastic surgery and other "adjustments" immediately. And he was left to rely on Sheriff Joe Arpaio, who is being criminally and otherwise investigated by the Justice Department and FBI, and Arpaio's Correctional Health Services, which of course lost its national accreditation from the National Commission On Correctional Health Care almost two years ago.

Mr. Walmsley was denied medical treatment for his broken face and denied any sort of pain medication besides aspirin for the entire 28 days. And now, as a result of Maricopa County jail medical personnel, and their "who gives a damn" attitude about pre-trial, non-prisoner citizens' health and well-being, Mr. Walmsley will have to endure even more pain to fix his face.The victim was told that he would have to have his face "re-broken" and re-assembled, as a result of Maricopa County's deliberate indifference. The bones started to heal the wrong way within days, as again, Mr. Walmsley was in need of immediate plastic surgery after the attack by Mesa Police.

But lets forget for a moment about this first nightmare Mr. Walmsley has to worry about. The reasons he didn't get the treatments he needed were Mesa Police and Maricopa County justice. Mr. Walmsley and his wife, Lurinda, were told by "Officer Jones," via telephone voice message from Jones, that Mr. Walmsley would not be arrested because of his severe injuries. But don't take my word for it...listen to the voicemail yourself. CLICK HERE for the MP3.

You heard it correctly. Jones said Mr. Walmsley would be "long-formed" and not put in jail because of the obviously serious nature of his facial trauma. It appeared that Jones wanted to be human at first, but was overruled, and subsequently instructed by all the other cops at the scene. It appears that Mesa Police forced Jones, who is "black," to say he was part of the gang beating, so the true fact that three "white" cops brutally assaulted Mr. Walmsley, stays in the subconscious. Again, witnesses did not see Jones at the scene until the aftermath.

We'll make a long, disgusting story short, as far as the "justice" that  took place. Mr. Walmsley was arrested by Mesa Police while being treated at Osborn Hospital, in the Old Town area of Scottsdale. Not only did Mesa Police arrest Mr. Walmsley outside of their jurisdiction, but then seized his cell phone, which Mr. Walmsley had recorded audio of the entire incident via the camera on his phone. He was taken to jail in downtown Phoenix and offered a "plea bargain" of 1.5 years in prison by Maricopa County prosecutors before a judge ever said a word to him. As of today, Mesa Police are still claiming they do not and never have had Mr. Walmsley's phone (obviously, it was "conveniently lost").

The next four weeks would see Mesa Police's story completely unravel. The story these cops conjured was dissected by an ambitious Maricopa County public defender (a rarity in these parts) Chellie Wallace, when "Officer" Jhonte Jones was the only cop to show up to the preliminary hearing on Tuesday, July 6, and did a poor job on the stand. We're told Jones stuttered through questioning and contradicted himself to the point that Maricopa County judge Jerry Bernstein dismissed the case for lack of evidence on all charges (see PDF here). And though Mr. Walmsley was ordered released immediately, he did not finally get out of jail until four days later, Saturday, July 10.

Mr. Walmsley and Mrs. Lurinda Hatathli have said they may file claim notices not only against the City of Mesa, but also Maricopa County and Sheriff Joe Arpaio, for the obvious Fourth and Fourteenth Amendment substantive due process violations. We informed wife and husband that they have six months to file state claim notices and two years to file federal claims.

Of course, our call to the Mesa Police Department was transferred several times before we gave up. A message left with "Officer Jones" was never returned.

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Phoenix Copwatch is a citizen's group formed in 1998 to combat abuse by the police in our community. We use a variety of means to fight police abuse, including community patrols, videotaping of police activity, and education. Copwatch is completely independent from the police, all other law enforcement agencies, the government, and all political parties. Although Copwatch groups exist in many other cities around the world, they all operate independently, and there is no national or international body that oversees our organization. All of our members are unpaid volunteers who freely dedicate their time to ending police abuse.

        

by Brian A. Wilkins
7/6/2010


Maricopa County Sheriff Joe Arpaio (L) and former county
attorney Andrew Thomas.

The federal criminal investigation into Maricopa County Sheriff Joe Arpaio may be nearing completion, and there may literally be a new sheriff in town in the coming weeks.

A source very close to the federal grand jury proceedings told us they believe the FBI will take receivership of the Maricopa County Sheriff's Office by the end of this month. Receivership is basically a court-ordered takeover of subject property and/or offices used to preserve any and all evidence which may be used against someone involved in a criminal or civil prosecution. The source also told us that the grand jury proceedings are ongoing, that they are in constant contact with the FBI and U.S. Department of Justice, and that witnesses testified in front of the grand jury as recently as two weeks ago.

Another source within Maricopa County has also told us that Loretta Barkell, the chief executive of business operations at the sheriff's office is "missing in action." We're told she has not been to work for the past 10 days, cleaned out her desk and is not answering anyone's phone calls, as she's apparently in hiding to avoid Arpaio and his chief deputy Dave Hendershott; or she simply is on the run, fearing being arrest by the feds. But another source believes she spoke with the federal grand jury and now fears for her life.

I believe this would be an unprecedented move by the feds, as far as them taking over an entire sheriff's or police department due to an ongoing criminal investigation against the chief executive (in this case Arpaio). This cannot be good news for former Maricopa County attorney and current Arizona Attorney General candidate Andrew Thomas either. The facts that Thomas is also involved in the misspending spree of the federal RICO funds in question (like Hendershott buying a home in Honduras with said funds), and that he and Arpaio are BFFs can only lead us to believe Thomas will be on the same chopping block. Thomas is also being investigated by the Arizona State Bar and may lose his license to practice law, due to his corrupt, illegal practices.

We will continue to update this story as we learn more.

        

UPDATED 6/29/2010: U.S. Magistrate Judge Mark Aspey Recommends The Federal Courts Assume Jurisdiction If The Arizona Court Of Appeals Does Not Reverse The Illegal Conviction (see PDF of the ORDER here)

This in no way mean the federal district court will reverse it either, but it does, however, guarantee that I will finally get legitimate review of this malicious, illegal conviction. Now the Arizona Court of Appeals is kind of backed into a wall: they cannot simply "deny review" of the currently pending petition for review in their court, as they, the Arizona Supreme Court, and Maricopa County trial court have repeatedly done throughout this two-year persecution. If the Arizona Court of Appeals does what I expected before today's recommendation by Judge Aspey (which is deny the petition without review), it will leave open further federal review of all Arizona's malfeasance and criminal behavior at every level of government. As we've pointed out, Sheriff Joseph M. Arpaio and former Maricopa County attorney Andrew Thomas are already being investigated by the feds.

The final say in this matter will come from U.S. District Judge Mary Murguia, when she decides whether or not to adopt Judge Aspey's recommendation and stay the federal habeas proceedings until the Arizona Court of Appeals issues a ruling.


by Brian A. Wilkins
6/22/2010

Next month will mark two years since the illegal, unconstitutional arrest I endured at the hands of the Tempe Police Dept. and their adulterer/lying leader, Chief Tom Ryff. A post-conviction relief petition, a special action petition, and a petition to the Arizona Supreme Court all have been denied without being reviewed by any of those alleged "judges" at all level of the Arizona judiciary. And of course, my first petition for federal habeas corpus was denied because I "did not properly exhaust state remedies" when it was filed back in April of 2009.

RELATED LINKS:
Federal Judge Orders Sheriff Joe Arpaio, Maricopa County to Answer Wilkins Federal Claims (12/23/2009)
You Decide: My Pro-Se Petitions In The Arizona Supreme Court  (12/29/2009) 
Federal Habeas Corpus Denied, Must Exhaust "Rule 32" Proceedings  (6/9/2009)

So here we go again with a second federal Petition for Writ of Habeas Corpus, which I filed in the U.S. District Court of Arizona on March 1, 2010 (See PDF HERE). U.S. District Judge Mary Murguia, on April 7, 2010, ordered the State of Arizona to answer the claims contained in the petition, including several Sixth Amendment violations (right to public, speedy trial; right to self-representation) and several more Fourteenth Amendment violations, including judicial misconduct by Maricopa County judges Gary Donahoe, Teresa Sanders, David K. Udall, and Emmet Ronan (See PDF of the order HERE). After the State of Arizona was ordered to answer, I filed a supplemental brief (See PDFs here and HERE) and 140+ more pages of exhibits which clearly show several illegal, unconstitutional acts by Maricopa County/State of Arizona.

But of course, even though the judge ordered that the Arizona Attorney General must ANSWER the petition and "not file a dispositive motion in place of an answer," you can probably guess what Arizona did. Yes, Sarah Heckathorne, the attorney for the State, filed a DISPOSITIVE MOTION to dismiss the petition on April 29, 2010 (See PDF HERE) without answering any of the claims. They claim I failed to exhaust state remedies, which in their minds is why the petition should be dismissed.

What many Americans don't realize is that the reason it is now so difficult to get a federal judge to review a malicious state conviction is because of Oklahoma City bomber Timothy McVeigh, President Bill Clinton, and the latter's signing into law of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996. The baby of then Speaker of the House, Republican Newt Gingrich, AEDPA basically made it a legal, accepted practice for state governments (in this case Arizona) to create a circus of appellate hoops defendants must jump through ("exhaust") before a federal judge, via habeas corpus, can review obvious, blatant, unconstitutional, illegal acts by a state's judiciary. In a series of bad legislation signed into law by President Clinton (also see NAFTA and today's illegal immigration problems), AEDPA destroyed every other Americans' right to due process - including people like myself who never have and didn't hurt anyone, take any property, or damage any property - because of a maniac murderer who bombed a federal building and killed over 150 people. AEDPA is simply knee-jerk, irrational legislation, similar to George W. Bush's Patriot Act, which place the rights of American citizens in a toilet full of feces.

Speaking of not hurting anyone, many of you know I was first charged with aggravated assault with a deadly weapon and several other major felonies by the Tempe Police; than convicted of disorderly conduct (without a trial) by Maricopa County. But here's where the AEDPA hurts innocent people. First, Maricopa County, via prosecutor Lynn Krabbe and Pansy Andy Thomas, said I allegedly hurt "multiple victims" in these alleged crimes (see PDF here). However, the Tempe Police clearly stated in their "report" that there was ONE alleged victim in these alleged crimes (see PDF here). But finally, after I served a year of probation and did 224 hours of slave work (which they call "community service"), Maricopa County finally admitted on the court record that there were in fact NO ALLEGED VICTIMS in these alleged crimes (see PDF here, bottom of page 4). But again, because of the AEDPA and Arizona's kangaroo appeals processes, this, along with all the other obvious illegal and unconstitutional acts by Maricopa County, may never be reviewed by a federal judge. And what's even funnier is Maricopa County truly believes they will get $2000+ from me for "fines" and what not. I'd advise their little government not to hold their breath.

Really the only hope people like myself have is that the federal judges who oversee these habeas petitions review the merits of each case and decide from there. I would expect, at worst, the U.S. District Court will stay the habeas proceedings until the Arizona "Court of Appeals" submits its pre-determined "denied without review" disposition for the pending appeal I have in there. Hell, even that Maricopa County attorney androgyny (Andrew Thomas) spilled the beans about HIS OWN courts, when he confirmed that decisions made by the Arizona Supreme Court have "pre-determined results." Regardless, the fight against the criminal syndicate government of Arizona will continue, but I won't expect much.

RELATED: PEOPLE AGAINST ANDREW THOMAS FOR ARIZONA ATTORNEY GENERAL (on Facebook).

And now we'll turn our attention to my federal lawsuit vs. Maricopa County, Sheriff Joseph M. Arpaio, and Detention Officer Darren "I love men's genitalia" Dauch. Instead of this thing being a legitimate forum for litigation, it has turned into a personal crusade by Maricopa County's counsel, Sherle Rubin Flaggman, against my writing and her depending on U.S. Magistrate Judge Lawrence O. Anderson to help her through this case.

RELATED: Observations From a Federal Rule 16 Conference (3/3/2010)

There's always been some truth to the stereotypes that "blacks" like fried chicken and "Jews" are good lawyers (Flaggman uses her "Jew" status frequently to get favors from Anderson). The previous, as it pertains to me is spot-on; the latter as it pertains to Flaggman probably has resulted in disappointment from her brethren not only back in that Euro-British-American colony they call "Israel," but among her fellow lawyers as well. But I must say, this Flaggman has been the entertainment I've needed throughout this persecution.

Several times since I filed this lawsuit last year, Flaggman has repeatedly referred to my "blog" as evidence of...well, I'm not quite sure. Her humorous antics went as far as her "telling on me" to Judge Anderson, in a whiny brief which complained because I said she "needs to get laid" and that "the only thing she has going for her is..." her cute paralegal/legal assistant in the above-linked "Rule 16" blog entry. (see PDF here). Flaggman went as far as to ask her friend Judge Anderson to "sanction" me for practicing my First Amendment rights. Regardless, as I predicted, interesting times have resulted from Flaggman and former Maricopa County judge-turned federal magistrate Anderson. 

Flaggman filed a motion to compel, which asked Judge Anderson to order every medical provider I've ever seen to disclose all medical records from my entire 35-years of life (see PDF here). I responded by citing HIPAA (Health Insurance Portability and Accountability Act of 1996) statutes and Ninth Circuit Federal Court of Appeal precedent, which establish physician-patient privilege and privacy of medical records for private citizens (see PDF here).

The problem with Flaggman's motion is that she cited no legal authority which backed her desire to raid 35-years of my medical history, so Judge Anderson ordered that she provide some/any legal authority in a supplemental brief or the motion would be denied (see Anderson's order here). Flaggman filed her supplemental brief (see PDF here), which again, provided no legal authority backing her desire to raid my 35-year medical history, as I outlined in my reply brief (see PDF here). Regardless, and though Judge Anderson acknowledged Flaggman provided no legal authority in her supplemental brief, he granted her motion anyway, and provided obsolete legal authority from 1995, backing his decision (see the order here). Again, I'd have no problem with Anderson's decisions if they are legally and otherwise correct; and if Flaggman actually argued the points that Anderson made FOR her. Regular Americans can only hope a judge will be on our side like that.

The only good thing about this is that I'm now forced to learn how to file interlocutory appeals with the Ninth Circuit, since Judge Anderson, in my researched, rational opinion, again, provided obsolete legal authority for his decision, failed to properly and fully adjudicate my motion for sanctions (see PDF here) as required by Federal Rule of Civil Procedure 11(c), and overstepped his authority as the "impartial decision maker" a judge is supposed to be. I outlined this in a emergency stay motion in the Ninth Circuit (see PDF here), but I totally forgot to put the jurisdictional statement in there (why the Ninth Circuit has authority to hear the appeal), so I have to file that soon.

So today, Flaggman will get to interrogate all my medical providers, which again, I don't really care about, but its against the law, so I simply expect the law to work (which we all know does not in Arizona). Because of this, and the fact Maricopa County and the State of Arizona do not mind destroying innocent, hard-working people's lives (such as myself...sans the "innocence" in a social sense), it's only fair I did an extensive background investigation into Flaggman too, since she's defending this Arizona criminal syndicate. And my Spider-sense was correct...this chick DOES need to get laid, and now its obvious why she acts the way she does.

Though I'm not sure whether or not they are still married, Flaggman's [ex]-husband, Steven Daniel Flaggman, who WAS a real-estate lawyer, was obviously the spice in the Flaggman household, and has enjoyed the privileges of being the husband of a Maricopa County attorney. According to court records, Steven Flaggman, who is from Michigan just like Sherle, was convicted in Maricopa County Superior Court of "criminal possession of a forgery device," a Class 6 felony in October of 2007 and sentenced to 3 years probation (see PDF here). Then while on probation, in September of 2008, Steven Flaggman was charged and convicted again...this time of "attempted acquisition or administration of narcotic drugs," a Class 4 felony (see PDF here).

According to the Arizona State Bar, Steven is a pain-killer and Ritalin addict, and it appears his law license was reinstated by the bar this month. Good thing for Stevey his "Jewish" wife is buddies with pansy Andy Thomas and all the Maricopa County judges. This dude, as a repeat felony offender who committed the second felony while on probation, would have gotten five years in prison if any of the aforementioned demographics were even slightly different. The Michigan State Bar also suspended Steven's law license until at least 2012. (see PDFs here and here). I guess Sherle is attracted to "bad boys" and somehow avoided being indicated in any of these criminal acts (she can probably thank pansy Andy for that...remember, the guy along with Joseph M. Arpaio, who are being investigated by the feds).



It appears Stevey and Sherle have also been squabbling over child support, custody, and a bunch of other mess since 2005. According to court records, there is a status conference on August 10, 2010 at the Northeast Regional Court Center, 18380 N. 40th St. Suite 120 in Phoenix, regarding all kinds of nasty, messed up stuff that comes with the territory of a criminal family with kids. It will probably make for some compelling theater and Operation Nation will likely dispatch an EYE to report on it. We may also continue to follow Defendant Darren Dauch's little family matters as well. According to court records, the Department of Economic Security is involved in Dauch and his (I think) ex-wife's and children's affairs. We'll withhold comment until we get the actual court documents, but it appears this "officer" not only owes several attorney thousands of dollars, but also his ex-wife does not want him around his own children at all. But again, we'll update this when the information gets to us.

The chances of me winning the case vs. Maricopa County and Arpaio are slim, simply because I have no money. And the chances of this illegal, unconstitutional conviction being overturned is even slimmer because of Timothy McVeigh and the Oklahoma City bombing, even though the circumstances of me and the maniac bomber are apples and oranges. I'm sure Flaggman will use this article as an exhibit in an upcoming court brief, so I just want to say hello to Judge Anderson (who I haven't lost TOTAL faith in yet); hello to Ms. April Demarbieux (the paralegal); and say that you Maricopa County people need to experience that Mea Culpa at some point. I may not have the power and money to make you people pay for what you've done to me and hundreds of thousands of others, but I'll do my best to make sure people across the planet know who and what you are.

        

by Brian A. Wilkins
6/7/2010

Branstad's son, Eric, killed two people following a car "accident" in 1991.


Iowa GOP Gubernatorial Candidate Terry Branstad

This article must be prefaced with the fact that, as an Iowan born and raised, and in my 30s now, I grew up only knowing one governor, and that is Republican Terry Branstad, who served as the state's chief executive from 1983-1999. It seemed Iowa was doing pretty well in his years, but then again, I was just a kid and really didn't care much about politics. But with voters heading to the polls tomorrow in the Republican primary, Branstad's possible preferential treatment for his family when it comes to crime will always tarnish his legacy.

It was Sunday afternoon, August 18, 1991, when Eric Branstad, Terry's then-16-year-old son, was driving to a friends house he was staying with near Granger, IA, while the governor and the rest of the family were in Seattle for a National Governors Association meeting. While driving up Highway 141, a two-lane highway, Eric pulled into the other lane to pass a car when the coast was obviously not clear. One car avoided a head-on collision by quickly swerving onto the shoulder. A second car was sideswiped when it tried to drive between Branstad's van and the car he was trying to pass. The third car, and its passengers, would not be as lucky.

A van driven by Mr. Charles E. McCullough, 65, and his wife, Jean M. McCullough, 60, collided head-on with Branstad's van, which Iowa State trooper Mario Feck said later confirmed was traveling at least 10 miles above the speed limit. Mrs. McCullough died at the scene, while her husband, a retired truck driver, died a short time later at the hospital. Branstad suffered only minor injuries.

The people of Iowa were subsequently made to believe that alcohol was not involved and that Branstad was sober, but this is just hard to believe when the 16-year-old who only had his license for a little over a month, almost hit three cars before killing the Des Moines couple. The news media continually referred to the deceased husband and wife as "the elderly couple" and/or "the older couple" while solely reporting on the condition of Branstad.

Eric was ultimately charged with a misdemeanor traffic violation and ordered to pay a $15 fine. The McCullough family was obviously shocked and outraged by the case's disposition. Then Dallas County Attorney, David Welu said of his decision to only press a traffic charge, "filing only traffic charges in fatal accidents is common, provided drunken, drugged, or reckless driving was not involved." The McCullough family, as many other Iowans did, felt that since Branstad was driving at least 10 miles over the speed limit and almost struck another car, and sideswipped another before killing Charles and Jean McCullough, is more than enough evidence of recklessness.

It was also the response by Iowa authorites which had the family even more upset. Officials at Iowa Methodist Medical Center and Mercy Hospital first told the public that both Branstad and Mr. McCullough were air lifted to Methodist via a Mercy Air Life helicopter, but it was later learned that only Branstad was air lifted, while McCullough was transported by ground ambulance, even though he was far more seriously injured. When Mercy spokeswoman Linda Montet was asked about the decision to air lift Branstad and not Mr. McCullough, she said she could not respond to that because it would "violate patient confidentiality." And though a Methodist "Life Flight" helicopter was also at the scene of the accident, it also failed to air lift Mr. McCullough.

A firestorm would ensue for the next few months. Governor Branstad was asked by a young boy at a Governor's Youth Conference luncheon in November of 1991, "what do you think about your son getting let off the hook so easily when somebody else would be charged with manslaughter?" Branstad responded by saying the question was unfair and that it simply was not true that his son was "let off." That same year, ironically, Governor Branstad pushed for a limited death penalty in Iowa for minors who commit "certain crimes."

A columnist for the Des Moines Register wrote a piece that month as well, entitled, "Did Eric Branstad Get A Break?" The article compared what Branstad did to another car accident in Clinton County, when 18-year-old Jason Van Scoyoc ran off the road and struck a family of four while they were sleeping in a tent, killing all of them. He was charged with four counts of vehicular homicide.

The Branstad's ultimately paid the McCullough's $200,000 on January 22, 1992, to avoid being sued in court. This settlement would also open a can of worms Branstad did not want open. It was learned that the van Eric was driving that struck and killed Mr. and Mrs. McCullough was actually purchased by Governor Branstad's campaign committee and thus owned by the campaign.

Anybody who still believes Eric Branstad was not drunk the night he killed the McCullough are either suffering from tunnel-vision, or are simply Branstad apologists. A little over a year after the fatal car crash, on September 21, 1992, Eric Branstad was arrested in the West Des Moines Dowling High School parking lot on charges of public intoxication. While those charges were pending, Eric was charged on January 20, 1993, with using a fake i.d. to buy beer. On June 7 that same year, Eric was charged with illegal possession of alcohol after yet another car accident which, the Branstad's say, Eric's friend was driving when it crashed into a utility poll. The Jeep Cherokee which the friend crashed, however, was in Governor Branstad's name.

With all of said charges pending, Eric plead guilty to mere alcohol possession and was given a year of probation by a Polk County judge and sent to Wentworth Military Academy in Lexington, MO, by his parents. Eric Branstad never spent one day in jail through all of his criminal shenanigans, even though he turned 18 and was no longer a "minor" on July 18, 1993. But this reality did not stop the young Branstad, as he always knew somehow his father would get him off (sounds kind of like George H.W. and George W.).




We can only hope Eric doesn't somehow try and "follow in his father's footsteps" anytime in the future.

In 2001, Eric Branstad was convicted of operating a vehicle while intoxicated (OWI), according to court records. He was sentenced to probation again, and Terry Branstad was not even governor at the time. He had also been charged with possession of a controlled substance, but that charge was dismissed. Eric was also cited for driving while suspended in 2005 in Scott County.

Terry Branstad campaigned in the 1990s on enacting the death penalty for minors for certain crimes. Though his agenda never made it into law, what this says is that your children can be killed by the State of Iowa for screwing up, but his kid is given pass after pass. It would be an upset if Branstad is not "re-elected" as governor, simply because of his name recognition in Iowa. But if Branstad will let his son skate after killing two people, what other political malfesance has he been a part of...or will he be a part of if re-elected? Sarah Palin recently endorsed Branstad for governor of Iowa, which will also help his plight among the "right" and "tea party" voters (though Palin followers on Facebook don't seem pleased with the endorsement). Terry Branstad is not a bad human being; just another bad politician who will bend the rules of law for his own agenda and people.

Branstad comfortably leads his GOP opponents, Sioux City business consultant Bob Vander Plaats and state Rep. Rod Roberts of Iowa's 51st District, in recently polls. We'll  update once we learn the results.

        

UPDATED 6/6/2010: Killer Cop's Name is Gahiji Tshamba

And this isn't even the most disturbing part of this update. This police thug Tsamba was involved in yet another drunken, off-duty attack on an American, when he shot a man in the foot outside a bar in September of 2005. Somehow, Baltimore Police ruled the shooting "justified" even though Tshamba was drunk and off-duty at the time. This same cop was also a subject of a federal lawsuit in 2001, after a woman he arrested was improperly strip-searched. The case settled out of court. And after both these incidents, this cop still had a job, which further displays the kind of people U.S. police departments employ to "protect and serve" communities. No charges have been filed as of today, but now that some new information that has come to our attention, we believe charges will be filed, and they will likely include a murder charge.

Watch a report and interviews with Mr. Brown's family on WJZ CBS 13 In Baltimore:

 

by Brian A. Wilkins
6/5/2010


Mr. Tyrone Brown

All I can say is this: if the police thug who murdered this man is rewarded with a paid vacation and not charged with murder, all out anarchy against the government of the United Police States of America should ensue.

It was 1:30 this morning at Eden's Lounge in Mount Vernon - a neighborhood just north of downtown Baltimore - when Mr. Tyrone Brown was about to leave, following a typical American Friday night of drinking and dancing. Mr. Brown, who is a former Marine and served four years in Iraq, was being drunk and silly, when we grabbed a woman's butt on his way out of the bar. The woman's police thug boyfriend - who was drunk, off-duty, and carrying a gun - chimped out in a drunken rage, fired 13 shots at Mr. Brown, hitting the 32-year-old military veteran at least six times, killing him instantly. The police thug, who name is being protected by the City of Baltimore, was not immediately rewarded with a paid vacation, but instead "re-assigned" to desk duty.

In typical Euro-American media fashion, new outlets have tried to find a "prior criminal record" for Mr. Brown, since this is their way of justifying murder under color of law. They also continually refer to the killer as "officer" and believe an "investigation" is necessary in this obvious case of first-degree, pre-meditated murder. But there are several indisputable facts in this murder: Mr. Brown grabbed a woman's butt in a bar (which probably happened 10 million other times last night at bars across the country), the police thug refused to make a statement after the murder, the police thug refused a breathylizer test, and the police thug was not arrested and booked into jail after the murder. This is good news in a way for Baltimore residents...this means if police thugs puts their hands on you in any way, you may shoot and kill them, not be arrested, and refuse a breathylizer, and I encourage all residents of Baltimore to follow this precedent. Oh wait I forgot, COP (COnstitutionally-Protected) thugs are divine heroes in this society and have different rules than the rest of us.

Euro-American media have also said the killer never identified himself as a cop. I'm not even sure why this matters, unless you buy into the police state policies of our country (which we will not dignify by listing here). However, we will give Baltimore Police a small token of credit until murder charges are pressed (though we know this is not likely). Terrence McLarney, the head of the homicide unit for the Baltimore Police, has been assigned to "investigate." They only get this small token because it is being treated as a homicide investigation. But had this been you or I who shot and killed someone, while drunk at a bar, we would also be in a maximum security unit of a jail either without bond or one approaching $5 million, unlike the killer cop in this case.

Mr. Brown, like many other military vets, had trouble adjusting to life when he returned from the war zone. He and his wife separated, but recently have tried to reconcile. Mr. Brown's two children, an 8-year-old daughter and 14-year-old son, will now grow up without a father because of the brutal murder by police. Baltimore Police have 48 hours to identify the killer to the public.

Our thoughts are with Mr. Brown's family and friends. We will continue updating this story as more infomation is released.

        

by Brian A. Wilkins
6/1/2010


Thug Pinole Police Deputy Chief Peter Janke

The only explanation for this murder of an American citizen is the same one virtually all of these killings have proverbialized: two police thugs wanted blood and a paid vacation; and were going to get it no matter what.

The latest murder of an American citizen by thug cops happened in Pinole, CA - a bedroom community with 19,000 residents, about 20 miles northeast of San Francisco. Last Friday afternoon, May 28, Pinole Police allege that Mr. Michael "Mickey" Welch was involved in some sort of violent crime and wanted to question him. Police say they "approached" Mr. Welch, who was apparently just minding his own business in his neighborhood, and say he "reached for his waistband" - one of the most common fabrications police thugs across the country use to justify murder. The two cops, whose names are being protected by the City of Pinole, fired at least eight bullets at the 20-year-old young man, killing him instantly. Both killer cops were rewarded with paid vacations (aka "paid administrative leave").

Watch a report from KTVU Fox Channel 2 in Oakland.



This Nazi, pedophile-looking "deputy chief" Peter Janke seems to believe that because Mr. Welch was "on probation," this gave his goons the right to murder the young man. Many Euro-American media outlets have referred to the young man as "parolee," "gangmember," and "felon" to help the police thugs justify the murder. It took the police thugs three days to confirm the obvious: that Mr. Welch was unarmed. One of the witnesses, Mr. Michael Baum, after hearing the gunshots from his home, exited his home with a video camera, and started filming.

He shared parts of the video with ABC 7 News in San Francisco.



The kangaroo investigations by the Pinole Police Department and Contra Costa County District Attorney's Office should conclude within a few weeks, with the inevitable "justified" findings. Mr. Welch leaves behind a young child who will now grow up without a father.

Americans need to realize that police thugs have the green light from Congress, the U.S. Department of Justice, and the U.S. Supreme Court to murder, assault, and/or rape you and not face any consequences for it. Last time I checked, that is the definition of a police state, and that is what our country is. This is no different than what goes on in North Korea, Somalia, and Russia. Every time you encounter one of these gangsters in badges, you risk your life, well-being, and dignity. The concept of "protect and serve" is long obsolete and Americans must become vigilant to protect themselves from these government-protected thugs.

Our thoughts are with the Welch family.

        

by Brian A. Wilkins
6/1/2010
on behalf of
PHOENIX COPWATCH




Ms. Robin Sword

It was a little more than a year ago today, when Ms. Robin Sword trekked down from Las Vegas to Lake Pleasant, AZ; one of the more scenic camping/boating/fishing destinations in the state. Located about 50 miles NW of downtown Phoenix, Lake Pleasant also happens to be within the jurisdiction of Maricopa County Sheriff Joseph M. Arpaio...you know, that guy who is currently being investigated by the U.S. Department of Justice, and the County Board of Supervisors. The feds and supervisors can now add the story of Ms. Sword to their volumes of evidence.

The first night of the trip, May 22, 2009, was exactly what Ms. Sword expected...sun, fun, and friends. But it was the following afternoon when the 20-year-old daughter of Ms. Sword's friend called her mother and said she would be joining the two of them at the lake. The daughter arrived with several friends, all of whom were under the age of 21. Ms. Sword grew uncomfortable with the situation not only because she did not know any of the new arrivals, but because her friend gave the minors permission to drink beer. But the damage had already been done, as someone in the area called police to report minors drinking.

It was 1:30 that Saturday afternoon when Maricopa County Sheriff's "Sergeant" Brad Licking and "Officer" Ben McNevins infringed upon the camp site. Ms. Sword, who is an 18-year veteran of the U.S. Air Force/reserves and former police officer of 15 years in Idaho, immediately recognized that Licking and McNevins were rogues and were not going to leave without arresting and/or charging someone with something. The two cops began interrogating the minors, and Ms. Sword, knowing that her and/or her friend were going to be charged with a crime, began crying.

McNevins started threatening Ms. Sword, telling her she'd better stop crying or she would be arrested. This alleged "police officer" even went as far as threatening to use a Taser on Ms. Sword if she did not stop crying, which only frightened her more. Licking asked Ms. Sword and her friend which one of them gave the minors permission to drink. Robin's friend raised her hand, admitting what she had done. Licking then asked which one of them bought the beer, which Ms. Sword said she did. The "officer," after determining who did what, allowed the woman who admitted giving alcohol to minors to leave without being cited.

Ms. Sword, now even more upset, continued crying and saying, "I didn't do anything." Licking began writing her a citation for contributing alcohol to minors, and for some reason, asked Ms. Sword for her social security number, even though the two cops already had her state issued driver license. When Ms. Sword refused, Licking violently threw the ticket book onto the patrol car, and McNevins slammed Ms. Sword face-first into the ground, twisting and bending her arm in ways human limbs are not supposed to bend, before placing handcuffs on her. After begging McNevins to stop before he snapped her arm, the cop finally obliged. As Ms. Sword stood up, McNevins conjured an excuse for his brutality, telling the assault victim he was forced to rough her up because she "used a chair as a weapon," which obviously never happened. She was given a citation and order to appear in court on June 30.

The next day when Ms. Sword was driving back to Las Vegas, an intense pain in her left arm sharpened as the hours passed. She went to an emergency room upon arrival, where doctors determined her elbow was sprained with possible ligament damage as a result of the assault by McNevins. Ms. Sword also had bruises on her face and arms, and endured four months of physical therapy after her arm was removed from the splint.


Ms. Sword wore a splint for several weeks, while healing from her other injuries.

It is at this point that Maricopa County justice would begin for Ms. Sword. She requested a copy of the incident report, which took Arpaio's office seven weeks to produce (see redacted PDF of the report here). But it is the content (or lack thereof) contained within the report which is disturbing. "Sergeant" Licking made no mention of Ms. Sword being assaulted by "Officer" McNevins; makes no mention of Ms. Sword's friend admitting to giving the minors permission to drink; and the report makes no mention of McNevins being present at all.

Ms. Sword hired a Phoenix-area lawyer to represent her in court. She admitted, however, that her lawyer "was not very good." He first called in Licking for questioning. Licking not only lied when he said McNevins did not arrive on the scene "until everything was over," but continued their story that Ms. Sword "used a chair as a weapon." The lawyer then contacted McNevins and got a deposition from him (listen to the deposition here...note from about 3:30-4:15 in the deposition, there is static noise covering up what is being said). McNevins completely discredited Licking's account of what happened when he says "I stood by and watched what he was doing."

However, none of this conflicting testimony and lying would matter. Ms. Sword would finally go to court on December 17, 2009, where neither Licking nor McNevins showed up for the hearing. The prosecutor said Licking was "the lead investigator in a heart attack case," and asked for a continuance based on that. The judge denied the request and dismissed the case with prejudice (the charges are permanently dropped).

Since then Ms. Sword tried filing a formal complaint with Arpaio's office when she contacted "Lieutenant" Fred McCann in January. Not only did it take McCann two weeks to return her calls, but she still has not heard back from him (five months later), as far as any pending investigation, if there even is one truly happening. Ms. Sword spoke to McCann via email in April and gave him the remaining information he requested. She has still heard nothing about the complaint as of today.

Now Ms. Sword has learned the long, hard way that if she wants justice, she is going to have to take it by her own initiative and then simply hope the laws of the land really work like they're supposed to. The latter is something Ms. Sword is very skeptical about after being assaulted by those sworn to protect and serve.

"This situation is completely horrendous and has totally ruined my belief in the justice system," the former police officer and Air Force reserve said. "If there was any justification for them throwing me to the ground, I would have been taken to jail on the spot."

Ms. Sword has until May of 2011 to file a federal lawsuit seeking redress for the obvious violations of her Fourth and Fourteenth Amendment rights. The pictures above say plenty, but the fact that several witnesses could contradict the MCSO's allegation that Ms. Sword "used a chair as a weapon" is more than enough evidence to hold Arpaio, Maricopa County, Licking, and McNevins liable for damages (since there is no chance in this U.S. Justice System that the police who assaulted Ms. Sword will be charged with any crimes).

A message left at the Maricopa County Sheriff's Office for comment was never returned.

------------------------------------------------------------------------------------------
Phoenix Copwatch is a citizen's group formed in 1998 to combat abuse by the police in our community. We use a variety of means to fight police abuse, including community patrols, videotaping of police activity, and education. Copwatch is completely independent from the police, all other law enforcement agencies, the government, and all political parties. Although Copwatch groups exist in many other cities around the world, they all operate independently, and there is no national or international body that oversees our organization. All of our members are unpaid volunteers who freely dedicate their time to ending police abuse.

        

by Brian A. Wilkins
5/28/2010


New York Assemblywoman Annette Robinson

The list is long, sickening, and a constant reminder that police thugs can murder any "regular" American citizen anytime they want, and have a 99 percent chance of facing zero repercussion.

Mr. Amadou Diallo was 24-years-old, unarmed, and murdered by NYPD thug cops Sean Carroll, Brendan Murphy, Edward McMellon, and Kenneth Boss back in 1999. Though Mr. Diallo was shot 41 times, the police thugs were acquitted of all charges. Mr. Patrick Dorismond was 26-years-old, unarmed, and murdered by NYPD thug cop Anthony Vasquez back in 2000. No charges were filed against the killer. Mr. Timothy Stansbury was 20-years-old, unarmed, and murdered by NYPD thug cop Richard Neri, Jr. back in 2004. No charges were filed against the killer cop. Mr. Sean Bell was 22-years-old, unarmed, and murdered in 2006 by NYPD thug cops. Though Mr. Bell was shot at 50 times, all of the police thugs, including Michael Oliver, who shot 31 of the 50 bullets, were acquitted of all charges. Mr. Omar Edwards, a former NYPD cop himself, was gunned down while off-duty by NYPD thug cop Andrew Dunton last year. Dunton said he "mistook" Mr. Edwards for a "black" "criminal." Of course, no charges were filed against the killer cop.

All the aforementioned murder victims have only two things in common: they were all classified as "blacks" in this society and thus expendable, and all of them lived in New York City. And the sad part is that this list is far from complete.

Finally, after decades of unabated murder by police thugs, New York State Assemblywoman Annette Robinson, D-Bedford Stuyvesant, introduced Assembly Bill A02952, which has been dubbed the "minimun force" bill by some, and as the "don't kill bill" by police thugs and their apologists. The bill in part reads:

Regardless of the particular offense which is the subject  of  the arrest  or  attempted escape, the use of deadly physical force is necessary to defend the police officer or peace  officer  or  another  person from  what the officer reasonably believes to be the use or imminent use of deadly physical force; PROVIDED, HOWEVER, HE OR SHE USES  SUCH  FORCE WITH  THE  INTENT  TO  STOP, RATHER THAN KILL, A PERSON FROM ESCAPING OR RESISTING ARREST, AND USES ONLY THE MINIMAL AMOUNT OF FORCE NECESSARY TO EFFECT SUCH STOP.

[A] POLICE OFFICER OR PEACE OFFICER WHO KILLS A PERSON BY USE OF A LOADED WEAPON, FOR A PURPOSE OTHERWISE JUSTIFIED BY LAW, WITH THE INTENT TO KILL, RATHER THAN STOP, SUCH PERSON, AND  BEYOND THE MINIMAL AMOUNT OF FORCE NECESSARY TO STOP THE PERSON [IS GUILTY OF MANSLAUGHTER].

Police thugs, cop suckers, and all their apologists are outraged about the bill. On Policeone.com, the number one cop sucking website out there, commenters are calling the bill "stupid," "outrageous," and something that only happens in the movies. The New York Post said the bill "could handcuff the brave officers involved in life-and-death confrontations every day."

All the anger and outrage from the cop sucking community is because the bill would take away one of the police thugs' favorite recreational activities (murdering American citizens), and at the same time deprived cop apologists of the opportunity to try and justify on blogs why X-"black" man was shot 50 times.

The "minimum force" bill, which is co-sponsored by Darryl Towns, D-East New York, would be the first instance in American history that I know of that police would actually be held criminally accountable via a state statute for murder. Just like Fox News and other media and government outlets have urged people to read the entire context of SB1070 (Immigration) in Arizona, people need to read this entire bill.

Deadly force would not be illegal under the new law, if it is the "minimal amount of force necessary" to stop a suspect. Shooting someone 50 times would not be justified; shooting an unarmed person would not be justified; in other words, its all common sense stuff. However, cop suckers are simply upset at the fact their heroes will no longer be able to indiscriminately kill people in New York without repercussions.

It will be interesting to see where this bill goes. It is currently being considered by the Assembly, but will likely be revised, if it survives a full vote. Regardless, I applaud Mrs. Robinson and Mr. Town for having the guts to listen to their constituents and introduce this bill. We'll  keep you updated on any progress or changes to this law, which will save lives and commence integrity which never existed in the NYPD.

RELATED ARTICLES AND VIDEOS:

Reality Check: "Whites" Killing "Blacks" Is Legal In the USA  (9/7/2009)

        

by Brian A. Wilkins
5/27/2010


Police Thugs Michelle Salentine (L), Platteville (WI); Shandy Cobane, Seattle; Maynard Richardson, Des Moines (IA) (R). 

I swear everytime I take a small break from writing about the daily cop thuggery across the United Police States of America, I have to write one of these summary stories just to get everyone caught up. And to those of you still dumb enough to call these Constitutionally-Protected (COP) thugs for help, as my mom would say, may God help you.

We start in Plateville, Wisconsin; a small town of about 10,000 located in the SW corner of the state, just east of the Mississippi River. Crackhead cop Michelle Salentine (pictured above) was arrested by the FBI on Monday, April 26 after being tipped off by a witness that she was smoking crack on duty 4-6 times per week. Watch the report from WMTV Channel 15 (NBC) in Madison.



To the (relative) credit of Platteville Police Chief Doug McKinley, he has since asked for an outside investigation of the entire department; this of course after giving crackhead Salentine a paid vacation (aka "paid administrative leave") while she sits in a federal prison awaiting trial. On the flipside, the clown show known as the FBI investigated and executed this arrest of a small town crackhead cop in a matter of months...while they sit back and allow killer cops, rogue sheriffs, lying prosecutors, and corrupt judges in larger cities and beyond to continue their play time without repercussions.

Salentine faces up to 20 years in federal prison if convicted.

We next take you to Seattle, WA, and inbred whiteboy thug Seattle cop Shandy Cobane (pictured above), who should have been fired a long time ago because his name is "Shandy." The attack by the police thug which took place on April 17  has now been widely disseminated on a viral internet video taken by a freelance photographer (good job sir).  In a nutshell, thug Cobane kicked a young man in the head while he was lying on the ground, and added some monkey whiteboy comments, when he told the Latino victim, "I'll beat the Mexican piss out of you homie."

Watch a report from KIRO Channel 7 News in Seattle.



Note the stank female police thug, who wanted to be "one of the guys," by also kicking the young Latino man after "Shandy" did. Nobody seems to be talking about her though. But the best part of this story is thug Shandy's laughable apology a few days later, which is by far some of the worst acting caught on tape in the history of the world.



Both Shandy and his skank partner were rewarded with paid vacations (aka "paid administrative leave") while Seattle Police perform one of those proverbial kangaroo "internal investigation." Shandy and Skank will likely be re-assigned to other cop jobs as "punishment."

Next we head to my home state of Iowa, where another dumb "black" cop (this time in Des Moines) had to learn the hard way that "black" cops are not given the same preferential, "hero" treatment as their rapist, killer "white" counterparts. House negro cop Maynard Richardson (pictured above), who is originally from Alabama, stopped a female drunk driving suspect on February 5. The drunk woman pleaded with Richardson, saying she would "do anything" to avoid getting arrested for DUI.

Thug Richardson took this literally, drove to a warehouse on the eastside of Des Moines, climbed into the back of his car with the woman, and proceeded to fondle and kiss her. She called police a few hours later, Richardson was arrested, and then fired on February 24. Polk County prosecutors originally charged Richardson with felony attempted sexual assault, but of course he signed a plea agreement on May 17 , for two misdemeanor charges. Prosecutors are recommending probation and counseling.

Watch a news conference from the Des Moines Register, which Richardson believes he was wronged and should be able to get his job back.



Rapist Richardson is scheduled for sentencing on June 1. But again, if Richardson were a "white" cop, like his former co-workers Mersed Dautovic and John Mailander, he would not have been charged with any crimes. The aforementioned Des Moines police thugs attacked Mr. Octavius Bonds back on September 13, 2008, which resulted in a broken arm, a broken hand, and eight staples to his head to close a wound. Mr. Bonds was charged with several crimes (but subsequently acquitted), while the victim of thug Richardson rapist fantasies was not charged with DUI. Also, thug Richardson was charged with crimes, but his "white" counterparts, Dautovic and Mailander, were not. Hmmm...

And speaking of "black-and-white," how can we forget Philadelphia police thug Robert Ralston.


Philadelphia Police Thug Robert Ralston

Of course, this is the douche cop who, on April 5, shot himself in the shoulder, but told his police buddies that "a black man" shot him. A manhunt ensued for the phantom "black man" who was obviously never found...in fact nobody was even questioned. Thug Ralston ultimately admitted that he lied and said he did so because he wanted to be re-assigned to a different position. But of course he confessed with an agreement that he would be immune from prosecution. His only punishments for this outright lie were that he has to pay for the manhunt and he was fired.

Then there is Summit County (Akron, OH) rent-a-thug cop Jeffrey Dempsey, who on February 21, viciously attacked a DUI suspect in the Summit County jail. The thug jail guard then berated the man with several insults. Watch the following video of the incident.



Thug Dempsey, of course, was not charged with aggravated assault, but instead was suspended for 10 days and ordered to counseling. If only we, as American citizens, would attack these cops the same way without repercussion. 

The February 11, 2010 "raid" of Mr. Jonathan Whitworth's by Columbia (MO) police thugs also got widespread attention. If you haven't seen this video, I warn you that its pretty sick. The police thugs, armed with military-like weapons, busted into Mr. Whitworth's home in the middle of the night, because he allegedly had "several pounds of marijuana." The problem is, all Mr. Whitworth had was a bong and a enough weed to maybe get two people high that night.



Yes, you heard right. The police thugs shot both family dogs, a pit bull and a corgi, right in front of Mr. Whitworth's wife and 7-year-old son. Columbia Police Chief Ken Burton stated the obvious in his spin-control of his thugs' chimp-out session when he said, "we realize we did some things wrong."


Ken Burton has been Columbia
Police Chief since April of 2009.

He further stated that he "hates the internet" and also cleared his own department of any wrongdoing after one of those proverbial kangaroo "internal investigations." But to his credit, he did say, to a marijuana reform reporter, that he supports legalizing marijuana so he and other departments do not waste time (and dogs) with pursuing pot smokers.



Oh and by the way, the "big-time drug dealer" Mr. Whitworth plead guilty to misdemeanor possession of paraphernalia and was fined $300.

Police thugs around the country are becoming more and more embolden to practice their apparent Constitution right to murder, assault, and rape America citizens, without fear of prosecution. The only Americans these police thugs are here to protect are the rich and other government officials who have Constitutional immunity from prosecution. Congress must pass that Operation Nation terms the REPO Act (Reform for the Education of Police Officers...see our home page) and overturn Eleventh Amendment "qualified" and "absolute immunity" for police thugs, rogue judges, and lying prosecutors. If Congress will not do this (which we all know they won't), than we as American citizens must take matters into our own hands to protect our families from government thugs.

Arm yourselves now and be ready when the time comes.