Not jumping high enough

And why would a group of U.S. Marines urinate on the bodies of dead Taliban fighters? For the same reason cops beat people who don't jump high enough.

Because they can.

Maybe you think it's okay because the dead were Taliban soldiers. Terrorists even.

But that makes as little sense as saying it's okay for the police to beat up a person arrested on suspicion of murder or rape or driving while intoxicated.

Were there just a few bad apples in the squad? Was it a lack of supervision or adequate training? Was it the very culture of war?

I don't know. But the same questions apply whenever we see footage of police brutality. I don't mind telling y'all that I think it has more to do with the culture of the organization than it does with a couple of cops (or soldiers) acting like thugs.

Of course you could say that it doesn't matter anyway because they were dead. Just remember that it cuts both ways. What would be your gut reaction if you saw video of someone else desecrating the bodies of dead American youth sacrificed for the greater good of American politicians and U.S. corporations?

Police attack protesters in San Antonio

The Alamo? Forget about it.

Police in San Antonio shut down the Occupy! protest in HemisFair park on Monday, arresting at least five protesters and hitting a legal observer with a patrol car.

Unlike protesters in other cities, the protesters in San Antonio complied with the demands of the police and the city during the occupation, which began on October 6.

But, citing the default explanation - unsanitary conditions - the police gave protesters 15 minutes notice on Monday before shutting down the camp. Steven Baum, commander of the park police, first said protesters were being evicted because they violated the city's no camping ordinance, but later said the city had to prepare the park for a New Year's Eve celebration.

Baum said the group was asked to relocate so that preparations can be made for "Celebrate San Antonio", the city's annual New Year's Eve bash. 

"We have the fencing coming in today," he said. "We have other operations that are going to come in to build up toward the celebration."

Meanwhile, Carlos Villalobos, a legal observer with the National Lawyer Guild from Houston, was struck by a police car. Officers on the scene refused to call for help, identify the officer driving the car or take a report. Park police chief William McManus denied Mr. Villalobos had been struck and claimed that he had thrown himself in front of the police car.

Mr. Villalobos was transported by friends to a local San Antonio hospital for treatment.

The use heavy-handed police tactics on nonviolent protesters is an abomination. That local governments go along with, and sanction, the use of violence on the part of police is criminal. We may have the First Amendment to protect us, but the price of dissent is certainly not free. Just ask protesters in New York, Oakland, Los Angeles, Philadelphia, San Antonio, Houston...

Standing by and twiddling their thumbs

The atrocities committed by UC-Davis police have been covered excellently by more than a few of my colleagues. The entire incident seems almost surreal and worthy of condemnation.

With the news that two of the officers have been suspended, my only question is whether they were suspended for what they did or for bringing embarrassment upon the department. But for video, would these men have faced any sanction at all?



The arrogance of, Lt. John Pike, the cop who waved the cannister above his head before unloading, makes my stomach turn. None of those kids deserved to get that shit sprayed in their face. They were just sitting there blocking a sidewalk.

Were these officers just "rotten apples?" Or are they the face of the police? Are the police here to protect and serve or are they here to make sure that the have-nots don't get out of line? Is it their job to prevent chaos from breaking out or is it their job to quell dissent by whatever means necessary?

I can tell you that what happened at UC-Davis is not some isolated incident. It just happened to be performed in front of a bunch of kids armed with smart phones and an internet connection. What happens when the cameras aren't rolling? What happens when it's the word of the cop versus the word of the person he arrested for (fill-in-the-blank)?

What makes it worse is that no one stopped him from unleashing the pepper spray into the faces of those kids. Not one other officer had the guts to stand up and do the right thing. They just stood and watched.

That's the scary part.

See also:

• "The kids on your baseball team," Simple Justice (Nov. 20, 2011)
• "UC Davis: perfectly reasonable, completely wrong," Simple Justice (Nov. 20, 2011)
• "UC Davis: sauce for the gander," Defending People (Nov. 20, 2011)
• "Because the proper response to 'jump' is 'how high': The UC Davis edition," Gamso for the Defense (Nov. 20, 2011)
• "It's time for a national conversation on law enforcement," Criminal Defense Blog (Nov. 20, 2011)

Police union targets city official who spoke out against police brutality

It would seem that Houston city councilwoman Jolanda Jones is paying the price for speaking out against the police. Ms. Jones has spoken out repeatedly about the problem of police brutality in Houston. She also raised concerns about the way the department operated its crime lab.

Now the Houston Police Officer's Union is striking back. Union vice president Ray Hunt has sent a letter to Harris County District Attorney Pat Lykos asking her office to look into whether or not Ms. Jones was practicing law without a licence last month.

This isn't the first time Mr. Hunt has been involved in lodging a complaint against Ms. Jones. He is the one who pointed out that Ms. Jones put her city office phone number on her business card. He alleged that she was using city resources to operate her private law firm. Ms. Jones was cleared of those charges when the DA's office announced there wasn't enough evidence to prove any wrongdoing.

The latest allegations stem from two legal documents signed by Ms. Jones after her license to practice law had been suspended for her failure to pay her bar dues and occupational taxes on time.

This fight isn't about Ms. Jones' ethics. This fight is about whether or not the city is going to turn a blind eye to police brutality. Earlier this year I sat with Ms. Jones at a forum on police brutality. She was the only elected city official to appear at the town hall meeting. Her willingness to speak out in such a forum spoke volumes.

Mr. Hunt and his group are involved in the classic misdirection play. Instead of focusing on the issue of police brutality, Mr. Hunt would rather throw mud at Ms. Jones in an attempt to discredit her. If you can't debate the issue on the merits, go for the dirt.

The problem with Mr. Hunt's tactics is that the cat is out of the bag now. We've seen the videos. We know that  the police beat suspects for no reason. They do it because they can and because they think they can get away with it. And for a long time they did. The city turned a blind eye to the problem - as long as it could be made to go away.

Mr. Hunt is playing the public like a little child. We all know the punishment for contempt of cop. I've had clients who have been punched, kicked or tased multiple times. If there was no video camera or eyewitness willing to testify, it was just a perp's word against a police officer. And guess who judges and juries believed.

Maybe Ms. Jones has skirted the rules. Maybe she hasn't acted ethically. Maybe she did practice law without a valid license. Those are issues with which Ms. Jones must deal. But none of that changes the fact that the police beat suspects and Ms. Jones called them out on it.

Don't fall for the misdirection play. Keep your eye on the ball.

Today on candid camera...

I guess sometimes the ol' eyes in the sky work to the benefit of the folks getting arrested.



Angela Horton, who was relieved of her duties as a police officer for the City of Houston, said she regrets hitting a suspect in the face while he was handcuffed. Ms. Horton's attorney said she let her emotions get to her when she slugged the suspect in full view of the camera in a news helicopter. Of course, she also wants us to know that  police officers must make split-second decisions out on the street.

I'm not sure that hitting a defenseless man in the face is one of those decisions.

Now for anyone who doesn't think police officers succumb to high levels of adrenaline following a chase, think again. For anyone who doesn't think that suspects are beaten by police, think again.

Judges, juries and prosecutors don't want to believe that the boys (and girls) in blue ever cross the line in doing their jobs. Judges, juries and prosecutors are wrong. It's just that most of the time it happens off camera. And if there's no video -- no one believes the defendant.

We are trained from a young age to trust the police. And, no matter what anyone on the panel says, jurors are going to give more credibility to the word of a police officer than to your client. We all know it. But we play the charade that something's that been burned into someone's brain can be erased by the judge saying a few words.

No one should be shocked by what Officer Horton did that night. We should only be shocked that someone got it on camera.

Confronting police brutality

Tuesday was the day to speak out against police brutality at the weekly meeting of the Houston city council. As I was scheduled to appear in court down on the island, I was unable to attend the meeting. My colleague, Robert Fickman, past president of the Harris County Criminal Lawyers Association, was on hand, however, and provides us with this guest post.

I attended today's City Council Meeting along with my officemate Vivian King. Altogether I am sorry to report that the meeting left me largely disappointed. However, my resolve to fight police brutality has never been stronger. 

First,  I had called upon our fellow members of the Harris County Criminal Lawyers Association to attend. I thought that some of our 500 plus members would want to join us in speaking out against police brutality. 

I was mistaken. Vivian and I were the only two members of the Defense Bar there.

 I have worked for a number of years to build HCCLA and  the voice of the defense bar. I am disappointed  that some of our leaders  think it's not our place to speak out against police  brutality.  Additionally, the membership's  apathy toward police brutality is also disappointing. Our clients are the victims of the brutality. HCCLA, in my opinion, is currently adrift, rudderless,  which makes me quite angry. 

There  was a large turnout at City Hall. Those, like myself, who came to speak out against police brutality were made to wait until more important topics like historic preservation and sewers were discussed. After an hour or so they finally got to us.  Reverends Dixon and Coffield were quite forceful in their presentations. Minister Muhammed was eloquent and warned that if the City did not take serious steps to end police brutality the community reaction would only get worse. Each of these men and others presented compelling arguments urging the city to take action. Quanell X was sick an unable to attend. His voice was missed. 

Unfortunately, with few exceptions mostly what we heard from Council was semi- patronizing lip service and statements about how they had done all they could do. Council Members Bradford and Jones seemed to be the only two on Council who were in touch with the community outrage. Curiously Councilwoman Wanda Adams spent much of the meeting, posturing  on her desk phone.

I spoke. I told the Mayor and Council that the Harris County District Attorney's Office were largely responsible for the problem. I pointed out that  except for rare occasion the District Attorney's Office had failed for three decades to prosecute police brutality. I urged the Mayor to contact the Attorney General of the United States and ask him to form a special task force to investigate and prosecute police brutality in Houston.

In response to my call for federal intervention,  City Attorney David Feldman pointed out that the City had already contacted the Justice Dept regarding the Holley case and  they were taking a wait and see position. I  think they  missed my point. I was not speaking about the Holley case. I was speaking about  all police brutality cases in Houston. Having pointed out the historic failings of the DA's Office on these cases, I was calling on the Mayor to call on the feds to form a task force to handle all police brutality cases in Houston. I pointed out that it took the power of the federal government to end segregation, and I believed it would take the power of the federal government to end police brutality. 

I intend to follow up with my own letters. HCCLA's leadership, members, and Council may choose to stick their collective heads in the dirt while our community suffers daily police abuse; I will not. I will not be silent on the issue of police brutality. We need strong deterrents and punishments to stop the abuse.  The longstanding history of murderous rogue cops needs to end on Our Watch. 

I don't know what the solution is. A civilian review board sounds nice - but in reality, do they really do any good? The boards tend to be made up of politically-connected folks who don't really want to go out on a limb. Even if you give the board subpoena power, what would you accomplish? Would the board be tasked with seeking out the truth - and forgoing criminal prosecution? Would the board's job be to uncover evidence and turn it over the the DA's office? Would members of the board have any idea what they were doing?

A "rogue" grand jury that was interested in investigating complaints of police brutality might be the best opportunity to bring these matters to light. Of course, since the Harris County DA's Office would then be in charge of any criminal prosecutions, it's very likely that nothing would change under that scenario. The DA's Office has shown its complete indifference toward police brutality over the years. The last thing that Ms. Lykos wants is for those sitting on jury panels to realize what happens to a person when they've pissed off a cop.

The more things change, the more they stay the same

I sat on a panel at a community meeting on police brutality on Tuesday night and listened as dozens of folks spoke of incidents in which they or their loved ones were the victims of police intimidation or brutality. One of the speakers was Janie Torres, the youngest sister of Jose Campos Torres, who was beaten by the police and then dumped into Buffalo Bayou in handcuffs back in 1977.

We heard from a young man who was working at a local grocery store late one night when the police made a traffic stop. He stopped to watch. Apparently the officer didn't appreciate someone watching him and he approached the young man -- who was wearing his work clothes. He told the young man he looked suspicious (he was sweeping around the gas pumps). He searched the young man's car - and even put a drug dog in the car - looking for anything he could use to arrest him. After trashing the car he escorted the young man inside the store and continued to harass him. The young man told the officer he had a concealed handgun license and when the officer asked for the gun, the young man pointed to his bag. The officer then took the gun and pressed it to his head before leaving.

We heard from a mother whose 52 year-old son suffered from a mental disorder. She called 911 while he was in the midst of a psychotic episode expecting a crisis intervention team to respond. The police came instead. Her son was tased 18 times before he was handcuffed and beaten. When it was all over, her son was dead. The officers had broken his neck while beating him.

Another woman told us of how her daughter, who also suffered from a mental disorder, was killed by the police as she walked down the street. Again, instead of a crisis intervention team, five patrol cars responded to the call. She was shot at close range. The official story? She had a gun. There was no gun.

We also heard from a mother whose son was involved in a car with HPD officers in 1998. When he was finally stopped, seven officers surrounded his truck and fired more than 50 rounds into the cab. She found out about the shooting while watching the news. When she asked the department what happened, no one would speak to her.

From Jose Campos Torres to Randall Webster to Ida Delaney - police brutality has been a way of life in this city for a very long time. The fact that Chad Holley was beaten by the police isn't new. The fact that there was  a video of the assault on this young man is.

The Harris County District Attorney's Office seems to think that all they can do is charge the officers involved with misdemeanor assaults. I would suggest that Ms. Lykos open up her copy of the penal code and look at Chapter 22:

AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Section 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the offense is committed:
(1) by a public servant acting under color of the servant's office or employment;
(2) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(3) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime.
(c) The actor is presumed to have known the person assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

Mr. Holley suffered neurological damage to his face as a result of the beating. Mr. Holley was struck by a patrol car. The officers were armed. I'm curious to know if the officer who thought it was a good idea to kick Mr. Holley repeatedly was wearing steel-toed boots.

If the state wants to allege that a car is a deadly weapon in an intoxication manslaughter case, why isn't the patrol car considered a deadly weapon in this case? You can believe that if a citizen were accused of assaulting another and he was carrying a gun, he would be charged with aggravated assault -- whether or not he used the gun. But if an officer commits an assault while carrying a weapon the DA's Office just turns a blind eye, holds up their hands and claims they did all they could do.

The old saw is that the DA could indict a ham sandwich if he wanted. Since the state is the party presenting cases to the grand jury, the state decides how hard to push a case. If the DA wants a case to go away -- just present it to the grand jury and let them know the DA doesn't care if the case is indicted. Then, when the grand jury no-bills it, the DA can tell the public that she had nothing to do with the case being dismissed. Marc Brown, who presides over the 180th Judicial District Court, presented the Holley case to a grand jury. The officers were charged with misdemeanor assaults. This is the same Marc Brown who campaigned that he had integrity and was tough.

When this issue of police brutality is raised at a city council meeting, the mayor, Annise Parker, waves her hand and tells the council and the audience that a public meeting is not the correct forum to discuss police brutality. What then, Ms. Parker, is the correct forum? We all know it happens. Until we acknowledge that fact, nothing will be done to stop it.

As Robert Muhammad told the crowd "Police chiefs, mayors and district attorneys come and go, but the problem persists."

See also:

"Houston residents outraged over videos of police brutality," Reuters (Feb. 15, 2011)
"Town hall meeting on HPD violence draws hundreds," Houston Chronicle (Feb. 16, 2011)

Casting a light on the underbelly of the city

For months the Harris County District Attorney's Office fought to prevent the video of Chad Holley being beaten by members of the Houston Police Department from the public.

I'm a criminal defense attorney. It's my duty to defend the Constitution - regardless of how unpopular the cause might be. Some of my colleagues are defending the officers accused of beating Mr. Holley while he was down and defenseless.

One of my colleagues, Mr. Chris Tritico, wrote an opinion piece for the Houston Chronicle yesterday in which he argued against the release of the video. He argued that the video should have been kept under wraps until the officers stood trial for their alleged misdeeds.

I was as disturbed by the images on the Holley video as anyone. That is why Harris County District Attorney Pat Lykos got it right the first time. This video should have been seen for the first time in the courtroom. The court of public opinion is not the place to try these officers or anyone else.

Unfortunately Mr. Tritico aligned the interests of the Harris County Criminal Defense Lawyers Association (of which I am a boardmember) with that of the Harris County District Attorney's Office. Ms. Lykos did not "get it right" when she fought tooth and nail to prevent the public from seeing that video. Ms. Lykos wasn't concerned with whether or not the officers involved received a fair trial. That's never been the concern of the DA's office.

Ms. Lykos was scared of how the public would react to seeing what those of us in the courtroom know happens more often than anyone cares to admit. She was scared to death of how the public would react to the knowledge that those who are sworn to protect us and uphold the law are a lawless force unto themselves. She was scared that juries, having seen the video, would believe defendants who testified that they were beaten by the police. She was scared that juries wouldn't give the boys in blue the benefit of the doubt when questions arose regarding the legality of a search. She was scared juries wouldn't put their blind trust in the testimony of a police officer on the witness stand.

The release of this video, its airing and the rush to judgment by those who know better is a direct assault on the Bill of Rights. Lawyers on both sides of the docket have opined after the video was made public that these defendants will have a hard time getting a fair trial now. They are absolutely right.

The airing of the video is not an assault on the Bill of Rights. The video was obtained through the discovery process in a civil proceeding. A private citizen provided local television stations with copies of the video. The video ran on the evening news. There was no state action to deprive the officers of their right to a trial by a jury of their peers. There was no illegal search. The officers' right to remain silent was not violated.

A civil judge need not be concerned with the goings-on at the criminal courthouse. A criminal judge has no more authority than a civil judge.

The assault on the Bill of Rights is a daily battle fought at 1201 Franklin. The police, prosecutors and judges are all complicit in laying siege to our constitutional rights.

Our Constitution will be rendered a nullity the day that we take away any of the rights given to the people simply because we do not like what someone has been accused of doing. This includes the right to a public trial by an impartial jury and the fact that everyone accused of a crime is presumed innocent until proven guilty by that same impartial jury.

Our Constitution will also be rendered a nullity should we decide to ignore the First Amendment because the information may not be favorable to our position. Outside a protective order in the civil case, no agency of the state had any authority to prevent the video from being shown on the local news.

And, make no mistake about it, this is news. From a young age we are told the police are here to help and protect us. Most folks still believe that. Those of us who work in the trenches know the truth. We know that officers lie under oath. We know that officers plant evidence. We know that officers bend the truth in their offense reports. We know that officers beat and kill people. It's an ugly truth. It's a truth that I fight with when my daughters ask me about the police. If no one trusts the police society begins to break down.

I can assure Mr. Tritico that there will be twelve citizens who have no clue whatsoever what happened to Mr. Holley. There are plenty of people in this city who haven't the slightest idea what's going on outside their little bubble.

Lest anyone be confused, although I serve on the board of the HCCLA, in no way do I represent that I speak for the organization. I speak for myself.

Police brutality in action

Courtesy of KTRK-13 in Houston and Quannel X, this is the actual video footage of the beatdown of burglary suspect Chad Holley by members of the Houston Police Department.

You will see Mr. Holley getting clipped by a patrol car, falling to the ground, rolling onto his stomach and putting his hands behind his head. Then you will see members of Houston's finest kicking and punching Mr. Holley while he is on the ground.

Anyone who thinks this is an isolated incident is naive. It's just that, more often than not, these incidents take place away from security cameras.



I had a conversation with a client's mother today who couldn't understand why the prosecutor wouldn't dismiss a case against her son. I told her it was because when a prosecutor reads an offense report, he takes it as the gospel truth. Prosecutors either don't realize, or don't care, that offense reports, particularly the reason for the encounter, have more in common with historical fiction than the truth.

Of course when the only person who can challenge the assertions made in the report is the person who arrested, you can almost lie with impunity -- so long as there's no video camera around.