Rules for Recording Police

Some of you may remember this article I wrote back in 2010 about an encounter I had with the Palo Alto Police Department after filming a traffic stop (not involving myself). I left the scene before the traffic stop was even finished and I was literally chased down the road and given a “fix it” ticket for having no front license plate.

Clearly, I was pulled over because Officer Ghilarducci wanted to know why I was filming him. The ticket was obviously given to me in response for filming him (I bought the truck brand new from the dealership in 1999 without a front plate and in eleven years was never given a ticket).

The ONE time I have EVER filmed a police officer, it ended up being a bad experience. Hopefully, this will never happen to you. To that end, I’d like to pass along an article that I read today over at Gizmodo.com. The name of the article is “7 Rules for Recording Police” and you can find it here.

The article give some great tips to keep in mind when you are exercising your fifth amendment rights in the great state of California. All of the “rules” outlined are great and while the last one might be common sense, it could save your life: “Don’t Point Your Camera Like a Gun”.

Great advice, thanks Gizmodo!

For more information on this subject see  below:

Can We Tape? A State by State Guide. “Slowly we turn step by step”

Open letter to the family of Trayvon Martin and Prosecutor Angela Cory

Angela Corey

I support the call for justice for Trayvon Martin and his family. I want the truth of this case to be pursued–in a public courtroom for all of America–and the entire world to see.

I am a retired public defender and spent 25 years in the courtroom representing indigent individuals charged with crimes–to the best of my ability. I know all too well–up close and personal–just how broken our criminal justice system is.

Here in Santa Clara County–California –the home to the best and the brightest innovators in the high tech world (Apple, Facebook, Oracle, Hewlett Packard, et al) and with some of the  greatest institutions of learning  in the world ( Stanford, UC Berkeley and others) we have still not come to grips–or been able to do away with–a criminal justice system plagued by racially discriminatory practices–at all levels–from the raw exercise of police powers in the streets–at the arrest stage–to the filing patterns of our prosecutors–to the disproportionately  long sentences given to African–Americans—and other people of  color–by our judges.

The system has made some small efforts to change–but we still have miles to go before we will truly see anything close to the equal application of the law.  We are–here in Santa Clara County–if I am to speak the truth–part and parcel–of what author and Professor Michele Alexander calls The New Jim Crow“.

In my experience prosecutors potentially wield extreme and extraordinarily subjective power over the lives of all of us–by way of their exercise of prosecutorial discretion—and it is incontrovertible –that here in the center of the high tech world– race still matters and plays the crucial and central role re who is charged with a crime and who is not.

Black men in particular are charged with crimes that whites are much less often charged with–and on the same facts–and there remains a huge disparity in the severity of sentencing that Blackmen–and other men of color–receive as compared to whites. And–sadly– the same racial divide applies to women in the criminal justice system.

When I request justice for Trayvon Martin, from the state of Florida–I am not pointing a finger at you.  I don’t need to travel to Florida to find injustice in our criminal justice system—injustice based on race–happens just the same way here in Santa Clara County—everyday.  So when I call-out for justice for Trayon Martin–I call out for all of the Trayvon Martin’s of America. All of the Trayvon Martin’s of Santa Clara County.

As a fellow member of the legal profession–I call on you prosecutor Angela Corey to look carefully at the evidence in this matter–ask yourself–if the race of the alleged victim and the alleged killer were reversed–would charges have already been filed? I think we both know the answer. So–it is time for you–Prosecutor Angela Corey–to do the right and thing–file murder charges against George Zimmerman.

Once charges are filed make certain that a jury–that represents a cross–section of the community is selected–and that the case is tried by a prosecutor with a track record for fairness to all parties involved.

I ask that Mr. Zimmerman–if he does not have money to employ the private attorney of his choice–be appointed the most able public defender available–one who will provide Mr. Zimmerman a zealous defense–and one who will ensure Mr. Zimmerman–and all of us–that he/she will act through-out the legal proceedings with an undivided loyalty to Mr. Zimmerman’s cause.

I know that Trayvon Martin’s family wants nothing to do with a lynch mob mentality directed at Mr. Zimmerman–this would not further the cause of justice for any of us–or honor the memory of their son–Trayvon Martin.

In the end, it will it will be incumbent on the legal profession, the community–Trayvon Martin’s family–and all of us–to all come together–to ensure a fair and fully transparent jury trial in this matter. That’s all I ask for. America can ill afford anything less.

See related stories and links below:

Special to the Mercury News – By Raj Jayadev: Justice For Trayvon Martin and America hinges upon two words: prosecutorial discretion

For Trayvon Martin And America, Justice Hinges on Two Words: “Prosecutorial Discretion”

For Trayvon Martin, Justice Hinges on “Prosecutorial Discretion”

45 Days After Killing Trayvon Martin & Sparking National Outcry, George Zimmerman Finally Charged

How Lawyers Got Nation Talking About Martin

Zimmerman to be charged in Trayvon Martin case

Trayvon Martin case: Poll finds stark racial divide

Miami Heat players: Arrest in Trayvon Martin case brings some closure

The “Rorschach” Facts in the Killing of Trayvon Martin

Trial in Martin Case, Filled With High Emotion, Would Draw a News Swarm

Who Killed Trayvon Martin?

Will George Zimmerman get out of jail today?

Experts: Zimmerman attorney made smart move

George Zimmerman released from jail on bond in Tyayvon Martin case

Live: George Zimmerman Released From Jail on $150K Bail

From Rodney King to Trayvon Martin: Let’s Not Miss Another Opportunity to Progress

Leonard Pitts: Silence isn’t peace; racial prejudice exists

The New Jim Crow

Trayvon Martin shooting: Witnesses change stories ahead of Zimmerman trial

 

Shocking new details emerge in the police killing of Kenneth Chamberlain, Sr.

With the national spotlight already intensely focused on the murder of the unarmed African-American youth Trayvon Martin-age19—at the hands of a neighborhood vigilante– by the name of George Zimmerman—another equally troubling murder of an unarmed African–American male–68 year-old Kenneth Chamberlain—a former marine and corrections officer–this time by members of  the White Plains New York  Police Department–has started to draw national attention.

Democracy Now’s Juan Gonzalez –in an article in the New York Daily News—has uncovered new and shocking details– in a case that was already considered a police murder and cover-up,  with some of the vilest and most despicable facts that can be attributed to a high profile police brutality case and murder.

The Kenneth Chamberlain police murder–coupled with the Trayvon Martin case–provides us with an opportunity/vehicle  to demand full accountability from our government officials –particularly–those in control of our criminal justice system.

Are these two cases going to finally wake-up America to the full extent that our criminal justice system has failed to provide equal– or even minimal justice– to African- Americans, the poor and other people of color?

We must demand justice now in both cases and not rest until this goal is achieved . We need to stay informed–our knowledge is our power.

Marine veteran Kenneth Chamberlain, Sr. Killed after clash with police who responded to his medical emergency

Exclusive: Cop in Fatal Shooting of Ex-Marine Kenneth Chamberlain ID’d, Sued in 2008 Racism Case

 

Judge Appointed by Obama Cheats to Conceal Crimes of Palo Alto Police and Others – Approves of Police Violating the Constitution

Mr. President Obama, Mariano-Florentino Cuellar was working in the White House for you in 2010 when you appointed Mr. Cuellar’s wife, Lucy Koh, to the federal bench.  President Obama, did you knowingly appoint Judge Lucy Koh to the federal bench in order to conceal the crimes committed by Palo Alto Police Chief Dennis Burns and his subordinate officers?

Federal Judge Lucy Koh overturned California Superior Court Judge Thang Barrett’s decision in my case stating that it is lawful for police officers to violate the Constitution during vehicle stops.

President Barack Obama, since you appointed Judge Koh to the bench, I was wondering if you agree with her legal rational and interpretation of the Constitution regarding vehicle stops.

ONE: For clarity, do you believe that it is constitutionally legal for Police Officers to violate the Constitution so long as they do so during vehicle stops as Judge Koh has concluded?

Additionally, Judge Koh ruled that Police Officers can knowingly use falsified videos and other evidence in order to incriminate a citizen of a crime simply if the citizen is not capable of obtaining expert testimony.

Even after exposing Judge Koh’s unlawful Acts, she continued to refuse to vacate her bogus rulings and recuse herself from the case:  FILED MOTION TO DISQUALIFY

TWO: Do you agree with Judge Koh that Police Officers can use falsified videos in order to incriminate a citizen with a crime because the citizen does not possess the financial resources to pay an expert?

Stutchman’s Report https___ecf.cand.uscourts.gov_cgi-bin_show_temp.pl_file=7384829-0–29335

Given your recent comments regarding the potential “overreach” by an “unelected,” (supreme), court should the court overturn your health care overhaul, I would think you would want to weigh in on my case as well.

Four taser probes were fired from two separate taser guns during the incident but only one firing from one taser gun is captured on the videos.  Thus, the video footage of the second firing has been removed from the videos.

In addition to the above Judge Koh committed the following acts as well:

1. Judge Koh contradicted herself numerous times in order to mislead me and undermine my right to present my case in a thorough manner during a Motion for Summary Judgment.

2. Judge Koh actually changed officer testimony to justify dismissing the 4th Amendment Claim, (Ofc. Temores testified that he did not detain me to justify his presence, Judge Koh ruled that he did detain me).

3. Judge Koh knowingly and deliberately violated federal rules of civil procedure by suppressing and concealing evidence in her chambers.

4. Judge Koh acknowledged that Attorney Steven Sherman and Police Chief Dennis Burns submitted falsified taser gun activation to the court, but ruled that because there was falsified data from the March 15, 2008 incident within the reports she would accept them.

5. Judge Koh made false statements in her ruling to dismiss my case and refused to correct them once it was pointed out to her. (She falsely stated that I did not present any relevant case law).

6. Judge Koh had a conflict of interest in protecting her co-worker from the Department of Justice, Michael Gennaco, and perhaps current Palo Alto City Councilman Sid Espinoza.

7. Judge Koh’s boss, Judge James Ware has a conflict of interest due to close relationship with Palo Alto Councilman Larry Klein.

8. Judge Koh made her bogus ruling on the evidence of falsifying the evidence in contradiction to the Ninth Circuit’s ruling in Harper v. City of Los Angeles 2008.

9. Judge Koh contradicted U.S. Supreme Court Decision in MELENDEZ-DIAZ v. MASSACHUSETTS June 25, 2009 denying me the constitutional right to cross-examination of expert testimony.

10. Judge Koh covered up many violations of court rules and state bar rules violated by attorney Steven Sherman.

11. Judge Koh made these Unconstitutional and bogus rulings because she knows that the evidence is overwhelming and if I or YOU, the ATTORNEY GENERAL, were to present the evidence to a jury the jury would conclude that the Palo Alto Police did in fact edit and falsify videos and taser gun activation data.

12. Judge Koh cannot refute the fact that there are scenes of video footage missing from Temores’ MAV video and the Taser videos which is why she refused to acknowledge or even address the missing footage in her decisions.

THREE:   Mr. President do you believe that a Judge who suppresses and conceals evidence in violation of F.R.Civ.P. 5(d)(2)(B); who makes false statements in rulings; who refuses to accept empirical evidence from a Plaintiff that is no different the what the defendants submitted; who believes that it is Constitutional for police officers to violate the Constitution under certain circumstances; who believes that it is okay for police officers to use falsified evidence against citizens to incriminate citizens of a crime?

FOUR:   If you don’t, will you take any action to remove Judge Koh from the bench for her unethical and unlawful conduct, Cannon 3 B (5) of the Guide to Judiciary Policy, Ethics and Judicial Conduct? Will you file a Complaint of Judicial Misconduct or seek impeachment?

“In framing a government which is to be administered by men over men the great difficulty lies in this: You must first enable the government to control the governed, and in the next place, oblige it to control itself.”  — Alexander Hamilton

I for one believe the Judge Lucy Koh should be impeached by the House and tried in the Senate and removed from her position on the bench, for no one should be a judge who knowingly and intentionally makes false statements and violates federal rules of civil procedure should be a judge.

You can find all of the evidence corroborating the above allegation of Judicial Misconduct and the falsification of videos at:

www.injusticesystem.weebly.com Also see:  www.harrisandrosen.weebly.com

In 2009 I informed you President Obama and Eric Holder what California attempted to do.

In 2009 through 2010 Lucy Koh’s husband, Mariano-Florintino Cuellar, Tino, was working in the White House for you. You appointed Judge Koh to the federal bench in January 2010.

Prior to her appointment, Judge Koh was a Superior Court Judge in Palo Alto, the same court where my criminal case was heard.
Judge Koh’s Husband is a professor at Stanford University and all three of you attended Harvard University.

I filed my federal lawsuit against the Palo Alto Police in June of 2009. My case was assigned to Judge Jeremy Fogel who presided over it for a year.

Lucy Koh was confirmed by the Senate and took her seat on the Bench in San Jose California. Prior to that Judge Koh was a Superior Court Judge in Palo Alto, CA.

Within days of taking her position on the federal bench, my case was reassigned to Judge Koh contrary to standard procedure and actually contrary to Cannon 3 A (2) of the Guide to Judiciary Policy, Ethics and Judicial Conduct which states a Judge is to remain on the case to the end.

FIVE: President Obama, given that Mariano (Tino), Cuellar, Lucy Koh and Eric Holder, (through Mark Kappelhoff), were all informed of my case and lawsuit against the Palo Alto Police prior to you appointing Lucy Koh to the bench, were you aware that she intended to cheat, lie, suppress evidence and violate the Constitution in order to dismiss my case and thereby conceal the crimes of the Palo Alto police when you appointed her for Judgeship?

Once I was made a aware of Judge Koh’s unconstitutional ruling in the Victor Frost case and her former working relationship at the Department of Justice with Palo Alto Independent Police Auditor Michael Gennaco I requested that Judge Koh recuse herself but she refused.

See: www.gennacobarcomplaint.weebly.com

See. www.larkinbarcomplaint.weebly.com

Below is a list of evidence that proves my allegations of evidence tampering that I have provided to Santa Clara District Attorney Jeff Rosen, Attorney General Kamala Harris, and U.S. Attorney General Eric Holder through Mark Kappelhoff and Loretta King:

1. Two police officers present during the March 15, 2008 altercation have admitted that video footage is missing from Temores MAV video.

2. Chief Dennis Burns has admitted to destroying two of the four taser probes fired during the incident without ever securing or documenting the taser probes into evidence, a confession of violating Penal Code 141b.

3. 14 hours after being shot Officer Ken Kratt apologized to me for what Burger did to me.

4. In order to cover up their crimes and to wrongfully incriminate me, the PAPD edited and falsified the videos and taser gun activation data.

5. Three verifiable scenes missing from Temores’ MAV video.

6. Empirical proof that dialog has been edited out of Burger’s MAV recording.

7. Empirical proof that dialog has been added to Burger’s MAV recording.

8. Numerous editing flaws strewn through-out Temores MAV video, (black spots where the illuminated taser wire was erased, Burger’s arms missing, Ciampi’s leg missing, Temores in two places at once, Ciampi in two places at once, Burger’s body merging with Wagner’s body etc….

9. Empirical proof that a taser gun firing has been edited out of Temores’ MAV video, Temores’ Taser video and Temores’ taser gun data port. This evidence is verified by Ofc. Burger himself.

10. Empirical proof that the PAPD destroyed two of the four taser probes fired in order to conceal the second firing.

11. Empirical proof that video footage has been removed from Burger’s and Temores’ taser videos.

12. Empirical proof of editing flaws in Burger’s taser video, (blackened taser wire and Ciampi’s leg is missing).

13. Empirical proof that Ofc. Temores falsely stated the number of times he discharged electricity during a court hearing.

14. Empirical proof that Ofcs. Temores and Burger knowingly made false statements under penalty of perjury during a court hearing.

15. Empirical proof that Chief Burns lied about the number of taser guns used and activations that occurred during the incident in an official report to the Palo Alto City Council

16. Empirical proof that Chief Burns destroyed the taser videos downloaded to a CPU in violation of department policy.

17. Empirical proof that Chief Burns submitted falsified taser gun activation reports to the court.

18. S.C. Crime Lab Analyst Mario Soto verified that the hash values on the taser videos did not match verifying that the video files have been edited.

19. S.C. Crime Lab Analyst Christopher Corpora verified that FOUR seconds are missing from Temores’ Taser video.

20. S.C. Crime Lab Analyst Christopher Corpora verified the audio on Temores’ MAV recording picked up an audio recording that cannot be heard due to electronically controlled low volume level.

21. S.C. Crime Lab Analyst John Bourke verified that some of the individual frames of Taser video have been improperly indexed, (they are not in chronological order).

22. Deputy District Attorney Deborah Medved helped suppress the Taser gun activation data in violation of P.C. 1054.1 and 1054.5 and initially stated that the Taser Videos did not exist.

23. Deputy District Attorney Javier Alcala refused to show Judge Thang Barrett any of the videos in order to support the charges against me, however he did who Temores’ MAV video to the media prior to Judge Barrett making his ruling. Why would DDA Alacala show the video to the media and not to the judge.

24. Chief Burns first stated that Taser Camera V06-015542 did not exist that Burger used Taser Camera V07-065373.

25. S.C. Crime Lab Analyst John Bourke stated in his report that V06-015542 was the camera used by Ofc. Burger.

26. Chief Burns retracts his previous statement and claims that V06-015542 was used by Burger to record the incident.

27. The 2008 PAPD taser gun download report states that Ofc. Burger used Taser camera V07—065373 during the March 15, 2008 incident.

28. Andrew Hinz of Taser International was hired to examine the evidence and initially concluded that Taser Camera V06-015020 was the camera Ofc. Burger used during the incident.

29. Andrew Hinz then stated that Taser Camera V06-015020 was destroyed by taser international.

30. Andrew Hinz has stated under penalty of perjury that taser camera V06-065373 was first sent to the Palo Alto Police on November 26, 2008, yet the 2008 PAPD taser gun download report states that Ofc. Burger used Taser camera V07-065373 during the March 15, 2008 incident 7 months prior to 11/26/08 contradicting Andrew Hinz.

31. Andrew Hinz stated that taser camera V07-065373 had never been returned to Taser International, however, Palo Alto Police Lt. Sandra Brown stated that taser camera V07-065373 was sent to Taser International for repair during a court hearing.

Despite all of the above evidence, no one from the justice system has been willing to recover the original unadulterated video files from the hard drives, not that I would trust anyone now in putting forth an honest effort to obtain the original videos.

DA Jeff Rosen has a mirrored image of the taser video hard drives, yet refuses to recover the original videos. He even refuses to release the taser gun activation data that the crime lab ostensibly downloaded from the taser guns as a part of its investigation. The taser gun activation data which not one of the three separate crime lab analysts cite as a part of their investigations which I can only assume that the reason is because they did not like what they saw.

Ultimately I am gathering material for a book which I intend to publish in the near future of which this inquiry to you will be a part of. It is a true story about how the Palo Alto Police, the Santa Clara County District Attorney and the State of California attempted to incriminate a citizen, me, of a crime by knowingly using falsified videos and taser guns and how Judge Lucy Koh made false statements, cheated and violated federal rules of civil procedure to justify dismissing my case in order to conceal the crimes of the Palo Alto Police by preventing me from presenting my evidence to a jury of our peers.

For clarity there are five specific questions I have put forth that I would appreciate a response.  Olmstead v. United States 277 U.S. 438 (1928)– “Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy..”

Stripped down version of our 4th amendment

Supreme court Justices approve Strip-Searches for Any Offense—no matter how minor, i.e. violation of a leash law—without requiring probable cause.

The US Supreme Court today –in a 5-4 decision (Florence v. Board of Chosen Freeholders of County of Burlington) —ripped at the heart of our of 4th Amendment –our right to be free of illegal and unreasonable searches and seizures; and our right to insist that before the government invades our privacy, our homes, our cars, our bodies—that they must have probable cause to do so.  Today’s decision does away with the probable cause requirement for strip-searches– for even the most minor offense i.e., violation of a leash law.

Today’s decision states only that jail officials may strip-search anyone arrested who will subsequently be placed in the general population of a jail or prison –even for the most innocuous offense—not that they have to or must be strip-searched.  The decision leaves wide-open discretion to jail officials to determine who and under what circumstances someone shall be subject to an invasive strip-search.

Now—more than ever, it will be incumbent on local community activists/watchdogs to ensure –as the dissenters in this US Supreme court decision declared – that strip-searches only occur if there is reasonable and probable cause to believe that the person being admitted to jail/prison —may be secreting and or attempting to bring illegal contraband into the jail facility– and or constitutes some other articulable health or safety concern.

We need to know what the current standards are in our county for carrying out evasive strip-searches and insist that probable cause still be the standard —before folks are strip-searched and humiliated after being arrested for an offense that doesn’t justify a strip search or justify shredding a way the personal dignity of any human being without serious cause.

See related story links below:

Justices approve broader premise for strip search

Supreme Court Says Jails Can Strip Search You – Even for Traffic Violations

How the US uses sexual humiliation as a political tool to control the masses

Strip Search Nation (Including The authoritarian Catechism

 

Open letter, petition, reaction to the police murder of Kenneth Chamberlain, Sr

April 1, 2012

Dear Westchester County District Attorney Janet DiFiore:

This is an outrageous case of police brutality and murder of a proud former marine, retired correction’s worker (20 years in law enforcement), and a senior citizen who was simply sleeping in his own house– when his heart alert warning device went off accidentally. Police were told by the victim–and the service provider of his heart alert device–that there was no need for the police–or anyone else to respond.

The police ignored Kenneth Chamberlain, Senior’s pleas and instead broke into the victim’s home–brutally tasering him and ultimately shot and killed this unarmed senior citizen–after engaging in racially biased policing.

Please prosecute the responsible parties/police officers in this matter to the full extent of the law. Please exercise your prosecutorial discretion to bring all of the charges supported by the facts in this matter. If we are truly to have equal justice in this country–no one–including our police–can be allowed to stand above the law.

Sincerely

Aram James

Abjpd1@juno.com

P.S. I draw your attention to the relevant language from Justice Louis Brandeis’s famous dissent in Olmstead v. United States 277 U.S. 438 (1928)–I don’t think anyone has said it more eloquently:

“Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy..”

Below is an email from Kenneth Chamberlain Jr., whose father, a 68-year-old veteran of the U.S. Marines, was killed in his home by the police in White Plains, NY, on November 19, 2011. Kenneth created his petition on SignOn.org, a new site that allows anyone to start their own online petitions. You can read more about his father’s death here.

Dear MoveOn member,

On November 19, 2011, my father, 68-year-old Kenneth Chamberlain Sr., was shot and killed in his home in White Plains, New York.

My father was a 20-year veteran of the Westchester County Department of Corrections and proudly served the United States of America as a Marine. He stood about 5 feet, 9 inches tall, and he suffered from a heart condition.

The events that led to his killing began around 5 a.m., when his medical alert device was accidentally set off, sending a call to the City of White Plains Department of Public Safety. Everything that happened after that was recorded by an audio device installed in my father’s home as part of his medical alert system.

When the police arrived at my father’s home, he and the staff for his medical alert service told them that there was no medical emergency and asked them to leave. And yet they insisted that my father let them into his home, banging loudly on my father’s door for over an hour. On the recording, the police can be heard calling my father a “nigger.”

Ultimately they broke through his apartment door and first shot him with a Taser. He was wearing nothing but boxer shorts when the police began their assault against him. Shortly after that, he was shot with two 40-caliber rounds and killed.

My family is asking the Westchester County District Attorney to bring a criminal indictment, and we call on the United States Department of Justice or the New York State Attorney General to prosecute this as a hate crime.

Will you sign our petition? Click here to sign and please share with your friends: 

http://www.moveon.org/r?r=273615&id=38418-6199198-CTTDgyx&t=3

The petition says:

This petition is regarding the upcoming grand jury hearing in the case of Kenneth Chamberlain Sr., an unarmed elderly black citizen who was shot to death by the White Plains Police Department.

This case not only brings into question the policies and practices of this department; but it is an open question whether it was inevitable, particularly in light of the audio tapes and video tapes witnessed by Mr. Chamberlain’s family members and attorneys where racial slurs and expletives were used before ultimately shooting him twice in the chest and killing him.

It is imperative that those tapes be made available to the grand jury, and that all other evidence be presented as well. I am concerned that secrecy so far—for example, the names of officers involved have not been released—bodes badly for transparency in this case as it moves forward. Nor am I aware of any public statements about the case from elected officials calling for openness.

Members of Mr. Chamberlain’s family and community—and a much wider circle of people who need to know there is fairness in the criminal justice system—seek reassurance that, no matter what the verdict, the process has been open, honest, and just.

We, the undersigned, implore Westchester County District Attorney Janet DiFiore to no longer allow police misconduct, brutality, or criminality to happen in this community and ask that these officers be indicted and charged with murder and civil rights violations.

Will you sign the petition? Click here to add your name, and then pass it along to your friends:

http://www.moveon.org/r?r=273615&id=38418-6199198-CTTDgyx&t=4

Thanks!

–Kenneth Chamberlain Jr.

The text above was written by Kenneth Chamberlain Jr., not by MoveOn staff, and MoveOn is not responsible for the content. This email was sent through MoveOn’s secure system, and your information has been kept private.

Want to support our work? MoveOn Civic Action is entirely funded by our 5 million members—no corporate contributions, no big checks from CEOs. And our tiny staff ensures that small contributions go a long way. Chip in here.

Palo Alto Police Department, “I’m sorry we can’t provide more assistance or take a report to help you…”

Elder abuse, fraud and kidnapping! The Palo Alto Police Department by all outward appearances seems to confirm at least some of these events having occurred right in our backyard and yet, acting police captain Ron Watson has refused to take a police report.

The included below intercepted email outlines a labyrinth of bizarre incomplete events which seems to have originated in the greater Los Angeles area with a connecting crime stop in Palo Alto.

It seems these alleged crimes cut right across multiple justifications. What does not make sense at all, is that if you or I were the victims of elder abuse, fraud and kidnapping and the alleged crime spree stopped momentary here in Palo Alto you would think the PAPD would assist in taking a police report and assist the other outlining policing agencies in capturing the perpetrators. i.e. international drug ring or sex trade…..etc.

Can and should our local police department pick and choose the better crime in which to get involved in based on budgetary or staff limitations?

We would like to think a crime is a crime no matter if it occurred in New York or Hawaii and especially with alleged connections to Palo Alto.  And we would also like to think that the reporting of seemly serious crimes would be worthy of taking a report.

At least Mr. Watson’s email response to Mr. Diesel seems to have validated the very existence of crimes having occurred partially here in Palo Alto.

However, we’re deeply dismayed at leaving Mr. Diesel to fend for himself. The crimes which Mr. Diesel alleges sound bizarre enough. But what sounds even more bizarre is Mr. Watson’s concluding comments….

“I wish you well, I’m sorry all this happened to you and your partner, and hope all this works out over time.”

See, acting captain Ron Waton’s email response to Mr. Diesel’s request for police assistance on crimes having been allegedly committed against him.

On Thu, 1/26/12, Watson, Ron wrote:
Date: Thursday, January 26, 2012, 6:45 PM

Mr. Diesel,

After receiving your email inquiry, Chief Burns asked me to review the materials, investigate the matter, and respond to your inquiry.

I reviewed the email below and all the attachments.

In summary, it appears as part of a large fruad and elder abuse sceme you were kidnapped from your home in the City of Los Angeles in 2010. After being kidnapped you were held for an extended period of time by your kidnappers and transported to various locations throughout the state where you were forced to assist the kidnappers in their efforts to steal money and commit various crimes includng fraud, insurance fruad, elder abuse and perhaps others. You also mention a couple situations that might be described as abuse or medical malpractice from a Chiropracter in San Mateo and at a hospital in Los Angeles.

After thoroughy reviewing the material, I don’t see a substantial jurisdictional connection to the City of Palo Alto. The only mention of Palo Alto is that while you were under kidnap, you were brought to a location in Palo Alto for an undescribed continuation of the crimes described above.

While I don’t see a clear crime that would fall under our jurisidiction, even if there was a portion of this situation that fell within the juridisction of our city, it appears it would be an anciliary piece of a larger conspiracy of much more substantial crime. Given that, I’m afraid based on what you have described, we will not be able to help you.

Without having a substantial or significant piece of this activity or the more substantial crimes of what sounds like kidnapping and robbery, we would not have the resources to adequately investigate events that primarily occured throughout the state in other jurisdictions.

We can certainly work with the Los Angeles Police Department regarding the kidnapping, false inprsinment, robbery, and fraud case that started when you were kidnapped from your home. If you can provide a copy of their investigation or at minimum their case number and the detective who is working on the case, we could work with them to supplement thier investigation regarding your travcels through Palo Alto and the stop at a restaurant.

I also have some other recommendations that might seem appropriate given some of the events you described. Some of the events you described might fall under the jurisdiction of several State agencies and I would encourage you to seek assistance or advice from them. The State Insurance Commissioner could certainly play a role regarding the insurance fruad. The State Medical Board would ceertainly have a role regrading any abuse or medical malpractice by doctors. Another consideration might also be the Security and Exchange Commission at the federal level for any securities fruad.

I’m sorry we can’t provide more assiatance or take a report to help you, but I hope my suggestions can assist with your efforts as you go forward. Feel free to email me the Los Angeles Police Department information if you would like us to supplement their investigation.

I wish you well, I’m sorry all this happened to you and your partner, and hope all this works out over time.

Ron Watson
Acting Police Captain
Palo Alto Police Department
275 Forest Avenue
Palo Alto, California 94301
(650) 329-2131