Tag Archives: Kangaroo Court

Is “The Fix” In on the Tamir Rice Investigation?

Commented that the two “experts” hired by the DA were questionable, at best in my last blog on this. In June, a judge found “ample probable cause” for the DA to file charges…But so far no charges have been filed.

Further, in the Kangaroo Grand Jury, neither officer has been requested to testify.

Things appear to following the path of the Michael Brown Grand Jury.

Is the grand jury process stacked in favor of the cop who killed the 12-year-old?

Tamir Rice’s sister and mother at the park where the 12-year-old was gunned down.

On Saturday, October 10, the prosecutor overseeing the Tamir Rice grand jury investigation released two reports authored by independent experts and concluding that Timothy Loehmann, the cop who killed the 12-year-old African American boy in Cleveland last November, acted within the law. The Cuyahoga County prosecutor, Timothy McGinty, knew this was an unusual move to make during grand jury proceedings. “Historically, the norm in most places has been that there’s an incident, and then a long investigation shrouded in secrecy, followed by a conclusion that sometimes mystifies large segments of the public,” a spokesperson for McGinty’s office told Mother Jones regarding the publication of the two reports. “We’re trying to break that pattern.”

But the reports have sparked outrage from Rice’s family and supporters, who saythe grand jury investigation amounts to “a charade aimed at whitewashing” and are demanding that a special prosecutor take over the case. Some legal experts suggest that the reports could improperly influence the pool of people serving on the grand jury, who began hearing evidence in recent weeks and will ultimately determine whether Loehmann should face charges. The development adds to a cloud of questions hanging over the case ever since Rice’s death almost a year ago—including why Loehmann and his partner who drove the squad car, Frank Garmback, have never spoken to investigators.

Delores Jones-Brown, a former prosecutor in New Jersey and a professor at the John Jay College of Criminal Justice, says it was unusual that McGinty enlisted a Colorado prosecutor and a former FBI agent to analyze the evidence and then release their findings. “I have never seen an incident in which that happened before,” she said, adding, “Normally it would be the defense attorney’s responsibility to get those kinds of experts.”

Tim Young, the director of Ohio’s public defenders office, sees McGinty’s release of the reports as “a measured attempt to try and reduce potential backlash” if the grand jury decides to not indict Loehmann. “The idea that this is somehow making it more fair and transparent, I think, is disingenuous. They’re still going to present this case in a private proceeding that you may or may not get to see the transcript of. We won’t know how they present Tamir.”

As fatal officer-involved shootings have fueled a nationwide debate about policing and racial injustice in America, prosecutors and grand juries have come under scrutiny. Some prosecutors have taken unconventional steps in response to criticism; after a grand jury declined to indict Ferguson police officer Darren Wilson for the shooting death of Michael Brown, St. Louis County prosecutor Robert McCulloch released the evidence reviewed by jurors in that case. In August, California became the first state to ban the use of grand juries in officer-involved shootings.

Prosecutors are now in a tough position, says Dave Klinger, a former police officer and a criminologist at the University of Missouri-St. Louis. “No matter what happens, the prosecutor is going to get criticized,” he says. The use of outside investigators by a prosecutor, he adds, is not unheard of in grand jury proceedings. “The goal in a situation like that is to explain to the grand jurors in detail about things that perhaps the prosecutor really doesn’t know him or herself, about police training, practice, or tactics, so that the jurors can have a better understanding of what it is that officers are supposed to do.”

The experts who reviewed Loehmann’s use of deadly force, Colorado prosecutor S. Lamar Sims and former FBI agent Kim Crawford, emphasized that the circumstances leading up to and immediately following the shooting were not relevant to their findings. “To suggest that Officer Garmback should have stopped the car at another location is to engage in exactly the kind of ‘Monday morning quarterbacking’ the case law exhorts us to avoid,” Sims wrote. Some policing experts have said that Garmback’s pulling up to within 10 feet of Rice just seconds before Loehmann shot him was among glaring tactical errors made by the two officers. And neither Sims nor Crawford mentioned the fact that for several minutes following the shooting, Loehmann and Garmback stood around without administering first aid to Rice while he lay bleeding on the ground.

“To say that the actions were constitutional does not [necessarily] relieve the officers of negligence or recklessness,” says Jones-Brown. That decision is ultimately up to the prosecutor and the grand jury, she says, adding that a special prosecutor should be appointed. “I’m afraid the damage may have already been done by disseminating these reports.”…Read the Rest Here

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Posted by on October 28, 2015 in BlackLivesMatter


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The Fix is in! Chicago fires investigator who found cops at fault in shootings

Well…The fix is in in Chicago. Not really surprising considering he city’s history of police brutality and corruption. This isn’t a first, as we all saw this movie in Ferguson and a number of other places. Seems that big city cops are immune to the very laws they are supposed to enforce. A situation which isn’t true everywhere…But in far too many places.


City fires investigator who found cops at fault in shootings

A Chicago investigator who determined that several civilian shootings by police officers were unjustified was fired after resisting orders to reverse those findings, according to internal records of his agency obtained by WBEZ.

Scott M. Ando, chief administrator of the city’s Independent Police Review Authority, informed its staff in a July 9 email that the agency no longer employed supervising investigator Lorenzo Davis, 65, a former Chicago police commander. IPRA investigates police-brutality complaints and recommends any punishment.

Davis’s termination came less than two weeks after top IPRA officials, evaluating Davis’s job performance, accused him of “a clear bias against the police” and called him “the only supervisor at IPRA who resists making requested changes as directed by management in order to reflect the correct finding with respect to OIS,” as officer-involved shootings are known in the agency.

Since its 2007 creation, IPRA has investigated nearly 400 civilian shootings by police and found one to be unjustified.

WBEZ asked to interview Ando, promoted last year by Mayor Rahm Emanuel to head the agency. The station also sent Ando’s spokesman questions about sticking points between IPRA investigators and managers, about the agency’s process for overturning investigative findings, and about the reasons the agency had reversed many of Davis’s findings.

The spokesman said there would be no interview and sent this statement: “This is a personnel matter that would be inappropriate to address through the media, though the allegations are baseless and without merit. IPRA is committed to conducting fair, unbiased, objective, thorough and timely investigations of allegations of police misconduct and officer-involved shootings.”

The performance evaluation covered 19 months and concluded that Davis “displays a complete lack of objectivity combined with a clear bias against the police in spite of his own lengthy police career.”

Davis served in the police department for 23 years. As a commander, he headed detective units, the department’s Austin district and, finally, its public-housing unit. He retired from the department in 2004.

“I did not like the direction the police department had taken,” Davis said. “It appeared that officers were doing whatever they wanted to do. The discipline was no longer there.” …More

This one in Harrisburg,  Pennsylvania –

Cop Arrested After Video Shows Her Shoot Unarmed Man in Back Lying Face Down in the Snow

Harrisburg, PA– Hummelstown police Officer, Lisa J. Mearkle was charged with criminal homicide on Tuesday in the shooting death of 59-year-old David Kassick on February 2.

Mearkle shot Kassick as he laid face down on the ground in the snow, unarmed, during a routine traffic stop gone awry.

Mearkle had attempted to pull Kassick over for an expired inspection sticker, but the situation escalated when Kassick attempted to flee from the officer.

Eventually Mearkle caught up to the motorist close to his sister’s home where he was staying, but Kassick got out of the vehicle and fled on foot.  As he was attempting to run away, he was incapacitated by the officer’s taser which she held in her left hand. With her right hand, she unnecessarily pulled out her service gun and shot the unarmed man twice in the back as he lay face-down on the ground.

The 36-year-old officer claims that she shot the unarmed man because he would not show his hands and she was concerned he may have been reaching in his jacket for a weapon, but the recording from the deployed taser paints a different picture.

District Attorney Ed Marsico has stated that it appeared from the recording that Kassick was simply trying to remove the stun gun probes from his back before his life was taken.

“At the time Officer Mearkle fires both rounds from her pistol, the video clearly depicts Kassick lying on the snow covered lawn with his face toward the ground, furthermore, at the time the rounds are fired nothing can be seen in either of Kassick’s hands, nor does he point or direct anything toward Officer Mearkle,” the arrest affidavit reads….More



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Obama Deals Body Blow to Congressional Republican Kangaroo “Court”

Look like Republican Congressman Darrel Issa’s Kangaroo trial of Attorney General Eric Holder just got derailed.

In a move that hopefully signals the development of a backbone in the Obama Administration, President Obama has exerted “Executive Privilege” for the first time in his Presidency. The fact that he had to do so to derail Issa’s Kangaroo “trial” of AG Eric Holder says more about Republican racism and political vendettas than legality. Post the 2008 Election with a Democrat Majority in Congress, Democrats cut a deal with the Devil not to pursue the illicit, illegal, and treasonous crimes of Bush, Cheney, and their accomplices – including Mr Issa, in an attempt to tone down the political acrimony which had brought the country to its knees during the Clinton investigations, and enabled 911. The deal further saved the country from the embarrassment of having a former President, Vice President, and senior Cabinet Ministers placed in Orange Jumpsuits to spend long terms in prison.

Like the parable about the Scorpion and the Frog, the only thing you can expect from a starving rabid dog when you try and feed him is to get bit.

I hope this is a sign that President Obama is willing to wield that proverbial 2 x 4 in his second term.

Obama Executive Privilege Asserted Over Fast And Furious Documents

President Barack Obama has asserted executive privilege in response to requests made by Rep. Darrell Issa (R-Calif.), chairman of the Committee on Oversight and Government Reform, who has embarked on a controversial investigation into the Department of Justice’s Operation Fast and Furious gun-walking program.

The invocation of executive privilege allows the president to defy requests and subpoenas by members of the legislative and judicial branches for information the White House deems sensitive. Obama’s decision will allow him to refuse to provide certain documents pertaining to the Fast and Furious program.

The Oversight Committee has threatened to hold Attorney General Eric Holder in contempt, and Issa had scheduled a vote on the matter for Wednesday morning. A committee aide told Reuters that Issa would proceed with the contempt vote even after Obama’s action. Issa later declared that the decision to assert executive privilege “falls short of any reason to delay today’s proceedings.”

Deputy Attorney General James M. Cole addressed Issa in a letter on Wednesday morning.

“We regret that we have arrived at this point, after the many steps we have taken to address the Committee’s concerns and to accommodate the Committee’s legitimate oversight interests regarding Operation Fast and Furious,” he wrote. “Although we are deeply disappointed that the Committee appears intent on proceeding with a contempt vote, the Department remains willing to work with the Committee to reach a mutually satisfactory resolution of the outstanding issues.”

Holder, who met with Issa Tuesday in an attempt to reach an agreement on how many and which documents related to Fast and Furious he would turn over, had formally written Obama requesting that he exercise executive privilege…(A copy of that letter is here)

In an email to The Huffington Post, an administration official noted that former President George W. Bush asserted executive privilege six times, while former President Bill Clinton did it 14 times. This is the first time Obama has exercised this authority. The Republican National Committee was quick to point out Wednesday that then-candidate Obama criticized Bush for using the practice in 2007…


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