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Justice

California Police Beat Man Nearly To Death For Asking To Read His Ticket

Olegs Kozacenko after the police assault. (Credit: NBC Bay Area)

A Berkeley truck driver is suing the California High Patrol for a brutal assault that brought him to the brink of death — provoked, according to a report by the local NBC affiliate, only by the man’s request to read the ticket he was being given before he signed it.

 

On September 2nd, 2011, Russian immigrant Olegs Kozacenko was driving his truck when he was pulled over by Officer Andrew P. Murrill of the California Highway Police. Murrill attempted to ticket him for driving too many hours in the truck. Kozacenko refused to sign the ticket before reading it.

At this point, NBC Bay Area reporters learned, Murrill decided he needed to make a “forcible arrest.” He and his partner, Officer Jim Sherman, claim that Kozacenko was “actively resisting” and “exhibiting extraordinary strength” in doing so. The consequences were “life-threatening injuries including a crushed left orbital eye socket, multiple facial fractures, a broken left arm, a concussion, unconsciousness and possible neurological damage.”

Kozacenko nearly died, as the nearest hospital did not have an emergency room advanced enough to treat his injuries.

According to court testimony obtained by NBC, Murrill concedes that Kozacenko was not even guilty of the offense he was attempting to ticket the driver for:

In his testimony during an evidentiary hearing on a defense motion to suppress evidence gathered after the ticket was written, officer Murrill admitted that he was confused, either by the law governing the hour limits for truck drivers or by reading the truck driver’s log book. Murrill also admitted on the witness stand that he was not a trained commercial vehicle specialist and did not call to ask for a commercial vehicle specialist to help at the scene. And he admitted on the stand that the hours Murrill was reading on Kozacenko’s truck driver log book were recorded two days earlier when Kozacenko was driving through Nebraska, Iowa and Wyoming.

NBC reports that “the Valley Division, where Murrill works, led the state in the number of disciplinary actions against officers for 2011, the same year of Kozacenko’s arrest.” Police officials claim that there is no video of the altercation and that all associated radio logs have been deleted by system malfunctioning for this time period.”

Murrill and Sherman remain employed by the CHP. Olegs Kocazenko is currently unemployed and seeking legal redress from both the Highway Patrol and the state of California.

LGBT

Transgender Woman Arrested For Exposing Breasts Jailed With Men

A transgender woman from New York was visiting Georgia last week when she was arrested for indecent exposure for allegedly exposing her breasts. However, once Ashley Del Valle, who has lived as a woman for two decades, arrived at police facilities, she was determined to be “technically a male” because of her genitalia and she was held in isolated cells in a facility that houses men. Roy Harris, Deputy Chief of the jail, admitted misgendering her, continuing to inaccurately use male pronouns to describe her:

HARRIS: First off, Ashley is still a man. I think he’s had some surgery, breast implants. But technically he is still a male which poses a problem. We do have a policy in place. Typically we put them in isolation. We do take particular caution with inmates such as this. We’re a nationally accredited jail and have a policy for this.

According to Del Valle, deputies referred to her as “thing,” “brotha,” and “nigga” and other male inmates harassed her throughout her visit:

DEL VALLE: They didn’t know where to put me. The young men there were out of control. They kept beating on my cell. It was pure torture. [...] I felt like I just wasn’t being treated like a human being.

She was held for three days before family members paid $3,500 to bail her out.

Though Del Valle was kept in a private cell, the fact that she was still surrounded by men still made her vulnerable to harassment. An isolation cell can also be a different form of torture, depriving an individual of any social contact. Whatever transgender policy the jail supposedly has, misgendering her and endangering her in such ways did not prioritize her safety nor convey even the most basic respect for her identity.

LGBT

French Anti-Equality Protesters Challenge Police Barricades Using Children As Shields

Opponents of marriage equality staged a march in Paris over the weekend that ended violently as protesters attempted to challenge police barricades. The city had originally denied the anti-equality group a permit to march down the famed Champs-Elysées because of safety concerns, so organizers proposed an alternative route. Though the march of some 300,000 proceeded mostly peacefully, it took a violent turn when a group of 100-200 protesters insisted on returning to the original route. Police countered with tear gas to hold them back from the prohibited area.

The French National Assembly approved marriage equality in February, and the Senate is expected to easily pass it in early April. Despite the size of Sunday’s protest in addition to January’s similar protest, polls show that the issue is not as controversial as the media portrays it, with 63 percent supporting marriage equality.

Among the protesters challenging the barricade was at least one man who insisted on using his own young child as a kind of human shield to challenge the police. Other young people can be seen nearby. Below are two clips of the violence, and the negligent father can be seen at the end of the second.

Justice

Feds To Investigate Cleveland Police After 137 Shots Fired In 59-Car Chase

On November 30, 2012, what began as a routine police drug patrol in Cleveland, Ohio ended in an unauthorized 59-car police chase in which 137 shots were fired and two unarmed individuals were left dead. The department-wide malfunction has prompted an investigation by the Department of Justice into the city police department’s use of excessive force and the “the adequacy of CPD’s training, supervision, and accountability mechanisms.”

In spite of a police policy that no more than 2 vehicles be involved in a chase, more than 59 vehicles joined the pursuit “without the sector supervisor’s knowledge or permission,” according to a state investigation of the incident. The chase began after a car pulled over for a turn signal violation drove away, and was later identified by several other officers driving at a high speed. Due to faltering communication, and the misimpression that the individuals were armed and fired a shot, the incident escalated until one-third of the police department had joined the chase.

During the pursuit, many of the officers had not followed instructions about switching their radios to the main communications channel and therefore did not hear orders to discontinue the chase. In a state report investigating the incident, officers described a scenario in which bullets were flying all around them, several officers had not put on their bullet-proof vests and one described it as the “scariest thing that I’ve seen in my whole life.”

They had also requested other means to stop the suspect, including spike strips to halt the car, and aviation support. However, neither of these resources were available to the officers. The state report describes the incident:

What you have just heard is a tragedy — a tragedy for Timothy Russell, a tragedy for Malissa Williams, and a tragedy for their families. This has also been very tough for each of the law enforcement officers involved. [...]

The large number of vehicles involved contributed to a crossfire situation at the pursuit’s termination that risked the lives of many officers. It is, quite frankly, a miracle that no law enforcement officer was killed.

Clearly, officers misinterpreted facts.

They failed to follow established rules.

However, by failing to provide the adequate and necessary structure and support, the system, itself, failed the officers.

Police officers have a very difficult job. They must make life and death decisions in a split second based on whatever information they have in that moment. In a situation like this, they are under tremendous stress. But, when you have an emergency, like what happened that night, the system has to be strong enough to override subjective decisions made by individuals who are under that extreme stress.

Policy, training, communications, and command have to be so strong and so ingrained to prevent subjective judgment from spiraling out of control. The system has to take over and put on the brakes.

On November 29, 2012, the system failed everyone.

In announcing the investigation, DOJ Civil Rights Division head Thomas Perez made clear that the investigation is civil, not criminal, looking at system-wide reform of a department that has facilitated violent and uncoordinated practices. Poor practices like these can lead to over-policing of drug and other crimes and end in more violence than that they are trying to prevent. Just this week, New York Police Department officers shot dead 16-year-old Kimani Gray in a controversial incident in which witnesses have said he was unarmed.

Alyssa

‘Kick-Ass 2′ And The Arms Race Between Superheroes and Supervillians

It’s absolutely true that the Kick-Ass franchise is cartoonishly violent, and the plotline in the first movie in which Dave saves a white girl from menacing black drug dealers was downright racially irresponsible. That said, I’m really relieved that there’s at least one franchise out there that’s focused on the problem of escalation between superheroes and supervillains:

In a way, the arms race between superheroes and supervillians is like the real-world cycle in which police forces get more militarized in response to the perception that they’re outgunned by criminals, something that’s been a glancing subtext of pop culture since Hans Gruber took out the LAPD’s armored truck with a rocket launcher. In the end, nobody wins. You just get fireballs. Or two women in a pickup truck getting shot up by the cops, and a police department that then can’t even be bothered to replace their vehicle. Kick-Ass 2, like all superhero movies, will end up shying away from the idea that shutting down this escalatory cycle is a good thing, if only because the entertainment value—or, shall I say, kick-ass value—of it is so high. But more than most other franchises, Kick-Ass is comfortable at least acknowledging that there’s real ugliness there, and testing how comfortable we are embracing that.

Alyssa

‘Golden Boy’ Could Have Been A Network Version Of ‘The Wire,’ But That Is Not The Case

During the first episode of CBS’s new police procedural Golden Boy, which premieres tonight at 10 PM, Walter Clark (Theo James) tells a reporter who is interviewing him about his rapid rise from street cop to police commissioner, “Inside me there are two dogs at war. One good and one evil. Now which one wins?” The reporter knows the answer immediately: “The one you feed the most.”

The language might sound a bit stiff. But it’s a great premise for a television show. Many major problems in law enforcement today are the results of gorging the evil dog, from the profits police departments can make from asset forfeiture, the kinds of quotas that were the subject of the third season of The Wire, and an arms race between police departments and criminals that have made it more likely cops will bring military-style force to bear on civilians. Golden Boy, which flashes back and forth between Clark’s arrival in the Homicide department seven years before his appointment as Commissioner and his early days performing his duties in that new post, sets itself up as the story of how Clark acquired the principals that guide him in his post. It could have been a fascinating—and dark—look at how someone acquires the sense of power that allows them to become former New York Police Commissioner Bernard Kerik, who is currently in jail for committing conspiracy, mail fraud, and lying to the Internal Revenue Service, or to see how The Wire‘s Ervin Burrell turned into the kind of craven career-hound he was.

But Golden Boy doesn’t have the guts to go there. Instead, the show is the story of Walter Clark’s journey from hotheadednes to sober spouter of aphorisms. Commissioner Clark is the kind of man who says of confidential informants “They’re an important part of the job and they die forgotten…It’s doubtful his associates know he was a snitch. It might bring trouble to the family,” failing to acknowledge the kind of pressure that police departments put on suspects to turn them into confidential informants, and once they’re doing that job, that the incentives can encourage such sources to bring in false information. He is, apparently, the police brass equivalent of television’s bevy of moderate Republicans, a guy who turns his back on the Mayor to meet with victims’ advocates because he’s appalled by the suggestion that he’d “Blow off a victim’s advocate for a guy I don’t like?” As a fantasy of police immunity from political pressure goes, this dream practically comes spangled in My Little Pony-style rainbows and sparkles, it’s so sweet optimistic. And the show seems to exist in a world where there’s no such thing as a bad police shooting like the ones we saw in the Los Angeles Police Department’s hunt for Christopher Dorner—Walter’s shooting of a suspect in the case that made him a hero was good, and as Commissioner, he tells a shaky female cop not only that “Preliminary investigations indicate it was a clean shooting in a difficult situation. In my view, that makes you a hero,” but that she should get all the PTSD treatment she needs before coming back to work.

This is an irritating enough framework. But Golden Boy, despite its innovative framing of police questions, falls into cliches in its execution. Initially, it looks like the show’s use of Chi McBride as Detective Don Owen, Walter’s older partner, is promising. When the two of them first go out on assignment, Walter leaving their office building through a haze of reporters eager to cover him as a tabloid-moving Hero Cop, Walter mistakes Don opening a car door as a courtesy. “Who am I, Morgan Freeman?” Owen asks him. “Open your own damn door.” And when Walter breaks into a suspect’s apartment to try to advance the case against him, Owen tells him that “All this information: useless. If this gets out, this guy is going to walk,” and points out that Walter’s endangered Owen’s prospects for a secure retirement, being careless with the man who is suposed to mentor him in an already-difficult situation. But he quickly devolves into aphorism, revealing himself to be Walter’s union delegate when he’s caught talking to a reporter, an event that apparently has no real effect on their relationship. Owen, it seems, is mostly there to admit minor personal flaws for the sake of drama and to steer Walter in the right direction.

Structurally, the show couldn’t have him reject his protege or really dislike him, but I wish it would at least engage with why someone like Owen couldn’t be police commissioner while Walter can. Is it race? Ambition? Does Walter’s willingness to bend the rules to bring in big collars and more media attention make him a more attractive candidate than someone who wants to do the job with integrity? Golden Boy would be a much more interesting show for posing these questions, and for offering up a different, but more discomfiting, end result.

Alyssa

‘Homeland’ Open Thread: Everybody Talks

This post discusses plot points from the October 28 episode of Homeland.

“How about a movie?” Finn Walden asks Dana Brody as they arrange their first date in this week’s episode of Homeland. “Once Upon a Time in America is playing in Dupont Circle…He’s an Italian director who specializes in wide-screen agony.” That’s pretty lofty taste for a high school student, even the son of the Vice President, but it’s no mistake that Henry Brommell, who wrote this episode, put a movie full of assumed identities and betrayals in Finn’s mouth. This is a craft episode of television, full of cultural allusions and subtle parallels, as Carrie breaks down Brody and builds him back up into a potential double agent.

I’ve loved the introduction of Peter Quinn (Rupert Friend, wisely underacting opposite Claire Danes) as a sardonic foil to Carrie who speaks in pop culture koans and is willing to employ violence that she isn’t. All the interrogation scenes in this episode are just beautifully written, but Peter’s confrontation with Brody started with a blunt and useful delineation of where power lies in the room—and of how this scene would be different from the exchanges we’re used to seeing on television. “I’m a United States Congressman. You can’t just kidnap me and shackle me in the fucking floor,” Brody insisted. “Actually, we can. Thanks to your colleagues we have fairly broad powers,” Peter reminded him. “I want a lawyer,” Brody insisted. “Well, life is full of disappointments,” Peter told him.

I think this episode of Homeland may end up being interpreted as pro-torture, given Peter’s calm use of much of the latitude awarded to him—it’s telling that the CIA has a medical team on hand to treat Brody’s hand immediately. But it’s telling that Peter’s stabbing of Brody’s hand, his spitting rage, are almost immediately revealed to be an act. “Every good cop needs a bad cop,” Peter tells Saul, and it’s true. It’s the emotional connection Carrie has with Brody that allows her to break down the central lie he repeats first to Peter and then to her, that he wasn’t wearing the vest. But for that to work, Brody had to be goaded to feel his connection with Carrie, and Carrie had to believe that her expertise was being underestimated and her emotional connection to Brody treated like it was evidence of her hysteria.

Carrie’s interrogation may seem emotional at first blush, but with the benefit of watching the episode a couple of times, it’s impressive how systemic it is. Carrie beings by evoking Brody’s guilt at the sin both of condemning her and not loving her quite enough. She gives him water, a kindness. She reminds him of their shared damage from the war. She delineates the difference between him and Abu Nazir. And she reminds him that he’s still worthy of love, and of doing the things that make someone worthy of the love of a daughter, or a lover, or a wife. “It was hearing Dana’s voice that changed your mind, wasn’t it?” Carrie asks him. “She asked you to come home, and you did. Why? Maybe because, maybe because you finally understood that killing yourself and ruining Dana’s life wouldn’t bring Issa back. Maybe because you knew then how much you loved your own child. Maybe you were just sick of death. That’s the Brody I’m talking to. That’s the Brody that knows the difference between warfare and terrorism. That’s the Brody I met up in that cabin.” If you doubt her intentionality, even for a moment, it’s so striking that she moves from the finale piece in her emotional portrait, “That’s the Brody I fell in love with,” to the question “What is Abu Nazir’s plan?” From that moment forward, Brody tells her the truth, about Roya, about the vest, about the fact that there is a coming plan. A blade through the hand produces resistance. But love is undeniable. The question that hangs over the episode is whether the latter could have done its work without the former.
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Alyssa

‘Alex Cross’ And Our Tolerance For Violent Rogue Pop Culture Cops

“Can you stop talking about politics and be a cop, please?” Detective Alex Cross (Tyler Perry) snaps at his boss, high-ranking cop Richard Brookwell (John C. McGinley) near the end of Alex Cross, an adaptation of James Patterson’s novel Cross, about a brilliant, African-American detective. In the immediate context, Cross is asking his boss to be more aggressive in his efforts to protect Leon Mercier (Jean Reno), an industrialist who is heading up the Detroit Fund, a major effort to revitalize the failing city, from Picasso (Matthew Fox), a dedicated and unnervingly skilled assassin. But much of Alex Cross raises the question of what it means to be a pop cultural cop at a deeper level, and reaches some disturbing answers.

In movies and television, being a detective or beat cop has often meant that you can break rules, beat or threaten suspects, shoot people and almost always get away with it after a semblance of a review—and even if you don’t, you can retain the audience’s sympathies. In Alex Cross, it also means that you can beat your colleagues, steal evidence, drop a murderer off a roof rather than bring him to trial, and frame someone for a death penalty offense without regret or compunction. From a liberal perspective, it’s always made sense to be skeptical of glamorizations of this kind of power for reasons of both self-protection and principle. There’s no question that much of the popular appeal of tough cops lies in the fact that their violence and corruption is deployed against people who are coded as distasteful or decadent, be they people of color who are presented as gang-bangers or terrorists, or hippies who are harbingers of anarchy a la Dirty Harry. And while it’s easier to dismiss these violations of the order when these tactics are turned on people we’ve been taught to hate and fear by people movies and television tell us we can trust, if we bother to think clearly, it’s awful to imagine that brutality straying beyond what we’ve defined as acceptable targets—which should tell us how awful it no matter who is the subject of renegade police violence.

Alex Cross spends a great deal of time establishing its titular character as someone we can trust to deploy violence, and to transgress the rules that constrain him in his work as a police detective. He believes in rehabilitation and innocence, visiting a young prisoner who’s taken the rap for two murders committed by her uncle, who tells him “You can’t save everybody, Doctor Cross,” only to have him remind her that “I’m not trying to save everybody. I’m just trying to save you.” He is an intellectual, a man who plays chess in the prison yard by starlight, and who offers his daughter suggestions for how to improvise during her piano practice. He is a loving father, one who is delighted when he finds out his wife is unexpectedly pregnant, and plans to transfer to a desk job with the FBI so he’ll be able to earn a better living and stop risking his own safety on the streets. He is affectionate with his mother-in-law, Mama (Cicely Tyson), who appears to be channeling Ruby Dee’s performance as the mother of drug lord Frank Lucas in American Gangster, if with somewhat staticky reception. If nothing else, it’s a virtue that Alex Cross makes so transparent the process of cinematically signaling who is a legitimate employer of extreme violence and legal manipulation and who is a legitimate target of those abuses.

The targets, in this case, are a constellation of decadent white men, and two Asian women the movie treats with astonishingly callous disregard. The first of these men is Picasso, who enters the movie by putting himself on a card for a cage fight that’s being held in an abandoned church, and betting heavily on his own performance. If that weren’t enough of a signifier that Picasso has deviated from commonly-held sensibilities and morality, he’s swiftly revealed to be a sexual sadist. Picasso takes home an attractive Asian woman he met at the fight, but when they’re in bed, he asks her “Do you like it?” When she says yes, he tells her “Well, I can’t have that,” and proceeds to paralyze her and cut off her fingers one by one to torture information out of her. “There is no way it takes all ten fingers,” Cross’s partner and boyhood friend Tommy (Edward Burns) declares at the crime scene the next day. “The other nine were for fun,” Cross tells him. That they later make a macabre joke out of using her severed fingers to open her safe apparently isn’t meant to sully our respect or affection for Tommy and Alex, though we are, of course, supposed to be revolted at the man who committed the initial violence against her.
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Justice

Police Awake Homeless Man With Beating At Brooklyn Jewish Youth Center

Two Brooklyn police officers were captured on video Monday beating up a young homeless man at a Jewish youth center, just minutes after waking him from sleep.

The incident began when a volunteer security guard found the man, identified as Ehud Halevi, asleep and apparently intoxicated.

Though the New York Daily News later confirmed that the man had been given permission to sleep, police tried to arrest Halevi. When he fought back a bit, the beating began:

According to CrownHeights.info, police are charging Halevi with trespassing, resisting arrest, harassment, and assaulting a police officer.

Justice

Philadelphia Police Throw Fundraising Party For Cop Fired For Punching Woman

Last week, Philadelphia Police Commissioner Charles Ramsey suspended police Lieutenant Jonathan Josey “with the intent to dismiss” after viral video emerged of Josey punching a woman in apparent reaction to someone else throwing water at him. In response to this suspension, the Philadelphia lodge of the Fraternal Order of Police plans to host a fundraiser for Josey:

The police union will fete the 19-year veteran with a $30-per-person benefit Oct. 28. “Come On Out and Support ONE OF OUR OWN” reads a flier inviting officers to the five-hour, Sunday-afternoon event at the FOP Hall on Spring Garden near Broad. Proceeds will help Josey with living expenses, because he no longer gets a paycheck, FOP President John McNesby said.

“You’re kidding me, right?” City Councilwoman Maria Quinones-Sanchez said of the benefit.

“While I understand that the FOP has to defend one of its own, I am extremely disappointed because this will appear that they are condoning the very visible actions of Josey, which hurts the image of their good officers,” added Sanchez, who represents the district where the incident occurred.

Let’s be clear. Violence against women is unacceptable, and it is the job of police to prevent it — not to cause it. McNesby complains that Josey must receive a full investigation, and McNesby is right. But the appropriate time to host a benefit for Josey is if that investigation clears him of wrongdoing and he is reinstated. In light of the video evidence against Josey, such an outcome appears unlikely:

Moreover, Scott Walker could not have asked for a better gift in his next campaign to undermine the essential work public sector unions do in preserving the dignity and security of unionized workers than the FOP’s decision to host this particular party. More than just creating a very harmful appearance about the police force’s priorities, the police union undermines its essential mission when it appears to stand on the side of police brutality.

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