A Lesson In Hypocrisy - No Justice For Tommy McClain

[UPDATE :: Take a look at Eureka's morally & ethically corrupt - read the comments too.] NOTE: Be aware, the people that write this referenced blog are NOT champions of truth, transparency or law. Eureka Police Chief Andrew Mills is only a symptom of the disease. He merely represents the Eureka Elite's Imperialist Ways to control and dictate. The death of that boy was initiated by the thuggish bullying of those officers to enforce their legitimacy. While Chief Mill's EPD is waging war consistent with what his predecessors did for decades on: "So….be careful Eureka. Chief Mills has made it clear. The poor, the homeless, and the downtrodden will face the new wrath of Mills EPD" it is every person that lives, works and comes into or passes through Eureka that is in mortal danger. It is NOT about "Mills EPD is about getting rid of those who don’t fit in." "Those who don't fit in" are obviously no threat to the EPD or the Eureka Elite. It IS about forcing everyone to submit to their right to enforce the law as THEY want - the way that legitimizes and protects them.

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Murder is a crime. It is as simple as that. Normally criminals are arrested, charged, judged, convicted and then sentenced, or not, if found innocent. That is, unless you are a police officer.

Once again the Tuluwaa Crier spouts the euphemistic needs to deal with the contradictions, and disparities of Eureka Police Chief Andrew Mill's responses to and resolution of the police killing of Tommy McClain as expounded in their latest post based upon the article written October 9, titled, "Unanswered" in the North Coast Journal: EXPERT: “IT’S A BAD SHOOTING, PERIOD”. (THE DEATH OF TOMMY MCCLAIN).

While their observation about local interest and media coverage is spot on and works for a police chief working to absolve his officers of any crimes, they leave the serious, concerned reader rather empty. They would have the reader believe they are the only ones in Eureka that really care. Yet, while they tout the need for justice and truth this is the best they can come up with:

The only way for at least some of the truth of this murder to be brought to light is for the McClain family to file a wrongful death lawsuit against the City. Even though this Chief and the officers involved in this tragedy may never face consequences within EPD, maybe some justice can be brought forth in the civil court system. [Emphasis mine]

What happened to truth and justice through criminal prosecution of the law? Did they forget about the law? What nonsense is this, "never face consequences within EPD"? Like never get fired? Taking the matter to civil court, providing they are successful, forces the tax-paying people of Eureka to pay for this crime. Once again reinforcing police impunity in Eureka, guaranteeing more killings of innocent people. This dodge is nothing more than tacit support for Andrew Mills, the Eureka Police Department and the Eureka Status Quo. They are slick. The Tuluwaa Crier are as two-faced hypocrites as you can get.

--Joe

The Myth of "Protect and Serve"

This morning, Thursday, May 26, 2011, we're confronted with some intersting prospects as we consider our ever-changing community. What caught my attention today were the words on page A3 of the Times-Standard newspaper right under four pictures of Eureka Police officers' swearing in ceremony that said, "Eureka Police Department: To protect and serve."


To Protect and Serve

Click to Enlarge

Makes you all warm a fuzzy when you see the new officer's girlfriend giving him his new badve. First impressions makes you think the police are there working for our needs, for the best interests of of all us law-abiding citizens, property owners and business people, doesn't it? On the same page, just two days earlier,  we were confronted with this picture and these words: "Suspect with felony warrant arrested." That picture make you feel all safe and secure? This is what happens to BAD GUYS in Eurkea California! 

To read this, you'd think the police had a "felony warrant" in their hands, went out and found this "suspect" and forcefully arrested him on the spot. To see the picture and the headline you would also think our fearless police officers were arresting a really bad person, wouldn't you? Officer Leonard LaFrance has his knee on the guy's head and his other knee on his leg pinning him while wrenching his arm behind his back jamming his body apparently on his other arm. For whatever reason, he is reported to be striking the "suspect" on the back with his fist. All of this is happening to only a "suspect." Notice the report: "He was detained and was found to have a felony warrant for his arrest." They did not know at the time of the arrest that this guy had an outstanding "felony warrant." Since he's a wanted fellon, all is justified.

Think this couldn't happen to you? If so, try "thinking" again.

In view of the above, and how the police edict is that has moved away from "Protect and Serve the tax-paying public citizen" to "Protect and Serve police self-interests," it would be good to review a couple of articles dealing with this very issue and how it is impacting every community across America. When considering these issues it would be good to keep in mind the implications of the Secret Patriot Act that was pushed through right after 9/11/2001 and congress is extending for another four years. Juan Cole concludes:

Congress is set to extend the unconstitutional law, which contravenes the 4th Amendment, for 4 years without debate.

So an elective dictatorship is imposing a dictatorial and unconstitutional law on Americans without so much as a discussion.

Couple that with the recent Supreme Court decision that basically gives the police the legal right to enter your home without a warrant. Not that little technicality really served as much of a protection.

Now read what John W. Whitehead lays out in his article: The Changing Face of the Police and the Death of the Fourth Amendment - This, the complete article, is a REAL EYE-OPENER. He starts by saying:

In early America, citizens were considered equals with law enforcement officials. Authorities were rarely permitted to enter one’s home without permission or in a deceitful manner. And it was not uncommon for police officers to be held personally liable for trespass when they wrongfully invaded a citizen’s home. Unlike today, early Americans could resist arrest when a police officer tried to restrain them without proper justification or a warrant – which the police had to allow citizens to read before arresting them. (Daring to dispute a warrant with a police official today who is armed with high-tech military weapons and tasers would be nothing short of suicidal.) This clear demand for a right to privacy was not a byproduct of simpler times. Much like today, early Americans dealt with problems such as petty thievery, murder and attacks by foreign enemies. Rather, the demand for privacy stemmed from a harbored suspicion of law enforcement officials and the unbridled discretion they could abuse.

The Fourth Amendment, which assures that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated," was included in the Bill of Rights in response to the oppressive way British soldiers treated American colonists through their use of "Writs of Assistance." These were court orders that authorized British agents to conduct general searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations. The powerful new court orders enabled government officials to inspect not only shops and warehouses, but also private homes. These searches resulted in the violation of many of the colonists’ rights and the destruction of much of the colonists’ personal property. It quickly became apparent to many colonists that their homes were no longer their castles.

Revolutionary patriot James Otis was Advocate-General when the legality of these warrants came under question by the colonists. Called upon to defend that legality, he promptly resigned his office. After living through an age of oppressive policies under the British empire, those of the founding generation, such as Otis, wanted to ensure that Americans would never have to face intrusive government measures again.

Fast forward 250 years and we seem to be right back where we started, living in an era of oppressive government policies and a militarized police whose unauthorized, forceful intrusions into our homes and our lives have been increasingly condoned by the courts. ...

Read the complete article.

The paranoid fears of some improbable "terrorist" attack are small potatoes (unimportant, insignificant) compared the the occupying army we confront every day as they "Protect and Serve."

--Joe

Police State Example Served Up Locally

This is an update to the following post: Is The U.S. Really A Police State?

Since the 9/11/2001 incident after George W. Bush took control of the United States government this country has sunk deeper into a lawless state of anarchy. The Ruling Elite, a small group of wealthy individuals and corporations encompassing all relevant political parties, has literally trashed the U.S. Constitution. That universal Law is only as good as the people make it. Unfortunately, they've decided the Rule of Man is more to their liking and subsequently have co-opted, corrupted and perverted the Law and the Courts with their arrogant, self-serving lawlessness. Glenn Greewald has a timely article today: Guantanamo death highlights U.S. detention policy - You may think that what happens to a few "rag-head" Arabs that supposedly hate our guts has nothing to do with you or your family and the long-held belief that our home is our castle and we are always safe there, you may want to re-think your beliefs.

Thursday's February 3, 2011, Times-Standard has an extremely revealing expose by Jeffrey Schwartz in the My Word: Up in arms: Search warrant folly. You may think the we are people with certain, guaranteed rights with honorable, decent and just men stationed in high offices to protect those rights. Armed to the teeth, masked gunmen can't just cave your door in sometime in the early morning, shouting police, drag you and your family out of bed, providing you didn't do something stupid, like trying to defend yourself and your family in your own home, on your own property, and get shot dead, or can they. Mr. Schwartz says they not only can, but do on a regular basis right here in Humboldt County.

Today we see people living in the more brutal, domineering totalitarian police states beginning to stand up for their personal and collective rights as equal human beings - both men and women. What's becoming more and more widespread in this country has been going on in these other countries for decades. All with American blessings. Considering the fact that Mr. Schwartz had the courage to write that article, making us all aware of what's going on in our names, tells me we won't wait decades to put a stop to this lawless corruption.

What puts everyone's life, liberty and citizenship in jeopardy is who Mr. Schwartz says is responsible for this, what I consider criminal conduct and perversion of the law, the gutless and sycophantic District Attorney and Superior Court Judges. They legitimize this outlandish police action, what amounts to a pure, raw act of terrorism, without any apparent substantive evidence of probable cause other than someone's unproven accusation. This situation puts everyone under the gun and at risk.

What is to stop anyone, an irate neighbor, a family member or anyone else from calling the police and telling them some wild, unsubstantiated lie about you? Mr. Schwartz says:

But if you own a handgun or rifle, just imagine this: A judge issued a warrant to search your house because someone you know saw you with it and they don't know whether or not you have a license to own it.

Sadly, Jeffrey Schwartz doesn't offer much hope for all of the common, law-abiding people that live in this county, other than to say:

"It remains to be seen if it is OK with the higher courts and juries in civil rights actions against law enforcement officers." [Emphasis added]

 "Higher courts." Our history tells us where that goes. Courts (Judges) protect themselves in these kinds of situation involving police power. And "juries in civil rights actions against law enforcement officer"? The problem is NOT with the "law enforcement officers." It is with the District Attorney and the Superior Court Judges.
For the complete article: Up in arms: Search warrant folly click the link or continue reading.

Is The U.S. Really A Police State?

[UPDATE :: Police State Example Served Up Locally]

In view of the latest spontaneous eruptions against totalitarian rule in Tunisa and specially in Egypt, the lynch pin of American dominance in the Middle East, the following article posted on Juan Cole's website, "Informed Comment" is very timely. If you think what's happening in Egypt couldn't  happen in America . . .

Kolin: How the US Became a Police State

Posted on 01/31/2011 by Juan

Andrew Kolin writes in a guest column for Informed Comment
You can click on the link above to go to his website or read the article here: