The Flip-Flop on the Torture Photos

Mr. President, this is a wrong move.

This goes against transparency in government.

Folks need to SEE what has been done in the name of America.

President Obama on Sri Lanka and Detainee Photos from White House on Vimeo.

Jon Burge Arrested

From The Chicago Sun-Times:

After decades of accusations, Burge finally faces charges
October 21, 2008
BY NATASHA KORECKI

After decades of accusations of torture, former Chicago police commander Jon Burge finally appeared before a judge to face charges against him.

Dressed in a blue denim short-sleeved shirt and still sporting a shock of thick blond hair, Burge sat quietly in a Tampa federal courthouse, chatting with a court security officer and politely answering questions.

His friend, former Chicago Police Officer Thomas Brady who lives half a mile from Burge, handed his friend glasses he retrieved earlier from Burge’s Apollo Beach stucco home.

Burge put on the glasses, leaned back in his chair and started reading the indictment against him when the judge walked in. The judge asked if he had read the charges against him.

“I just started reading it when you got on the bench, your honor,” Burge answered in a thick Chicago accent.

U.S. Magistrate Judge Thomas B. McCoun III gave him time to read it and explained to him he was charged with crimes “dating back to the city of Chicago police department,” saying the allegations have to do with torture or physical abuse of inmates or detainees.

When I heard the news on the radio this morning, I couldn't believe it. I couldn't believe that the law had finally caught up with that sadist Burge. I'm from Illinois, the state that put 13 INNOCENT MEN ON DEATH ROW.

John Burge, and the false confessions he obtained from TORTURE, was responsible for several of those DEATH ROW SENTENCES.

Those were the ones caught in time.

I have cried tears for those that were not.



Related Articles:

A Good Day For Justice

Faith Restored

Read the indictment

Timeline of Burge Torture Accusations

State's Attorney Report

Judge Faces Torture Claims

Archive of Burge Stories

Tasers: Not As Simple As Black & White

I'm a little torn on the issue of taser use. I have a clear understanding of use-of-force issues from my experience in the God forsaken private security industry and from my college studies. The Taser was adopted as an alternative to pepper spray and the asp, or as sort of a middle ground between the two, designed to be a more effective means of controlling suspects. On one hand, the taser can be an effective law enforcement tool and has been shown to be safe in some studies. On the other hand, high profile deaths, and misuse by police officers have raised too many questions in the last few years.

Black bloggers have started a campaign of sorts against the use of tasers. They are looking at this problem through the narrow prism of race, as a Black/White issue. I take more of a middle ground. I have been in situations where I have had to fight & wrestle with suspects and I wished I had a taser. My life and well-being aren't worth putting at risk for the job.

I am glad they are raising this issue, although I may not agree with all of their conclusions. I know the problem of Taser abuse and misuse can't be completely separated from the wider problem of police misconduct and Race, but there have been plenty of people from all stripes who have been victims of taser misuse. Recently they have framed several deaths after police/taser encounters as racially motivated incidents where victims were "tasered to death". While I understand their frustration, these depictions may not be accurate. Framing this problem as a race issue doesn't move the discussion forward. Race will always dominate the discussion while issues of public policy, improving procedures, and finding solutions will be overshadowed.

There are three fundamental problems with how the issue of tasering is being viewed by some bloggers, Black bloggers in particular.

1. These cases are clumsily lumped together. But each tasering incident is different....they come with different facts and circumstances and should be looked at individually, free from bias and prejudgment.

2. In most cases, suspects do not die from the actual tasering, but they die from some other circumstance, such as known or unknown medical conditions, drugs, a form of trauma, or from a complication of the taser that is not yet well understood (I will come back to that later). But to say in blanket fashion that people are being "tasered to death" is probably inaccurate. In years past, there have actually been more injuries from asps and batons. In fact, a Canadian study found just that- more injuries from batons than from Tasers. This is a fact that is often missed in the discussion.... many of those who are looking at this issue and who are critical about tasers don't have this important point of reference and therefore many of the discussions lack the proper perspective.

3. Many don't consider the acts of the suspects. What events led to the tasering? In most cases, critics are reading newspaper articles or they are getting information from one side. Video may not be available in all cases. Bloggers may be too quick to take the side of the suspect. Critics are not at every scene where a taser is employed, and video is not always sufficient. They are not at these events, yet they make blanket statements as if they were eye witnesses. And they also bring their bias to each event.... (and I point back to item #1... look at the merits of each individual case.).

Woman tasered multiple times



Austin Officer Thomas O'Connor's Misuse of Taser



With all that being said, I believe that there is a serious problem with tasers. A few years ago, I thought that tasers were a great tool that would end confrontations quickly and more safely. However, it is pretty clear that taser misuse is a growing problem (seems to be growing as more police departments are getting these devices). One of the biggest problems that I see is the problem of stupid police officers. How do you fix that? That seems to be a problem that is systemic and institutional. Add to that a lack of training, and lack of national guidelines on taser use, and you have the mess that we are seeing now. The taser is simply a toy to the police officer who always wanted to shoot his gun on duty, but could not. With a taser, he/she is, in a way, given a green light to play Cowboys and Indians on the job. The lack of common sense seems to be widespread. Now I understand that there are some cases where officers may not know (and cannot possibly know) the complete medical history of a suspect...or know if every female suspect is pregnant, particularly in the first few months of pregnancy. They don't have time to do a pregnancy test when they are attempting to arrest an unruly suspect. Whenever you read the newspaper reports, the headlines usually read, "police taser pregnant woman". All of the other facts surrounding the incident that may provide perspective always seem to be missing. And responsibility never rests with a pregnant suspect who should not be involved in activity that may put herself at risk. I have seen plenty of pregnant women who commit crimes, shopliftings, assaults, and will fight when approached by police or security. Who's fault is that?

But there are other cases where Police have clearly acted in an irrational, unprofessional manner, often violating their own policy on taser use. One case that is a perfect example of improper taser use, is the case of Phillip McDuffy, who was tased on an overpass in Columbia Missouri, while clearly at risk of falling. The McDuffy case showed a complete lack of common sense on the part of police. The second shot from the taser (as well as McDuffy walking out onto the edge of the overpass) led him to fall more than 15 feet, causing serious injury. Or the case like the one above where the male officer tases a female suspect repeatedly, despite the fact that she is putting up minimal resistance, and he probably outweighs her by close to 200 pounds. One other thing I noticed from that particular video is they way that he is telling her to put her hands behind her back...as she is being electrocuted. Barney clearly did not understand that she did not have control over her motor skills at that point and could not possibly comply. It was his job to place her in handcuffs after the first or second shot from the taser. Then there is Eugene Snelling and his encounter with Austin Police Officer Thomas O'Conner on Thanksgiving Day 2006. Even O'Conner's fellow police officers agreed that the use of the taser was inappropriate. O'Conner received a suspension and reprimand for the incident.

Possible Solutions

1. There is a need for more robust and more frequent medical studies on the consequences of taser use on the body. How does it affect the heart, the Central Nervous System, breathing, etc.... Can it knock the heart out of rhythm?

2. There needs to be clear national guidelines on taser use. Currently, there are different policies from State to State, County to County, and from police department to police department. One blogger, The Villager, was nice enough to post the Use-o-Force Continuum...a Universal guide for Use of Force in the United States. But even this seems inadequate. There have been too many cases where the Use of Force standards have been ignored. The problem seems to run deeper than Use of Force guidelines and the lack of adherence to them. There must be specific rules and laws for the use of tasers. The Use-of-Force Continuum is simply a framework for how officers can control a situation. Officers are given a long leash regarding how they want to use that framework. That's why most departments who use the taser had to create additional policies, specifically for taser use.

But there needs to be a national standard. Once a clear national standard is in place, it will be easier for victims of taser misuse to hold officers and departments legally liable. This alone will have a certain deterrent effect against officers who may want to misuse the taser.

3. Limit the number of police officers who can carry a taser. Only senior officers and Supervisors who have the proper training & good judgment should carry these devices.

4. Increase police officer training. It is clear that officers know how to use this device, but many don't seem to understand when & under what circumstances they should use it.

5. Only Police Departments that have reached a certain standard (as a department) should be allowed to have tasers. Why? If you allow any Mayberry Police Department to have tasers and they don't have adequate hiring standards and training standards... they should be nowhere near a taser. Even if they can train their officers on how to use it, the hiring standards may be so bad that the weapon will be placed in the hands of someone who does not have the proper judgment to have possession of it in the first place.

6. Taser use by police should be given nearly the same oversight as gun use. The use of the Taser should be subject to some of the same review procedures as a police shooting, and conversely, the administrative (and sometimes legal) penalties for improper use should be just as serious. The officer should not be in an environment where he/she is second guessed every minute, but they must be able to justify the use of this device, each and every time.

7. A ban on the use of these devices on women should be considered. Officers often have no way of knowing whether a female suspect is pregnant or not, especially if she is in the first trimester. More medical studies are needed regarding the impact of tasers on pregnant women.

The issue of taser use is not as simple as Black & White, both in terms of its complexity as an issue, and in terms of the racial perspective. Each case has to be looked at individually, and the proper perspective must be given. I can recall all of the problems surrounding the use of Pepper Spray. People died from that too...or they died as an indirect result of being sprayed, especially suspects who had heart conditions, Asthma or other respiratory problems. And the asp and nightstick sometimes left broken bones.

I believe the taser issue has become a particularly big issue because of the "I-Report", "Caught on Camera" culture that we live in today. There are cameras everywhere... they have pretty much become standard on cellphones now. This was not the case 20, 15 or even 10 years ago. The same goes with the cameras in police vehicles. We are in a Big Brother culture now. But it also may be creating a situation of distorted perspectives. Cameras have highlighted the few bad cases of taser use, the few that are shaping public opinion, while the majority of cases, which have been safe and justified are ignored.

On the other hand, there are clearly problems with the way these devices are used. And these problems go beyond just tasers.... they have to do with hiring standards, training, legal and administrative oversight, common sense, and judgment, as well as a lack of a national standard for taser use.

_________________________

Problems with Wake Forest Study?
(which is why more research is needed)

Another Post on Tasering, including several incidents of misuse

From Purple Zoe

John Yoo -- Remember this name

Justice is turning slow with regards to the issue of torture and the United States, but it's turning. For future reference, remember the name John Yoo.

Who is John Yoo?

Well, here's who The Political Muckraker says he is.

Post: Ashcroft Didn't Sign Off on Yoo Pentagon Torture Memo
By Paul Kiel - April 4, 2008, 2:17PM

More evidence that John Yoo was the most powerful deputy assistant attorney general in the Justice Department's history. The Washington Post reports this morning that when Yoo issued his now-infamous March 14, 2003 memo to the Pentagon, neither Attorney General John Ashcroft, nor his deputy Larry Thompson "were aware."

As Marty Lederman has pointed out, the fact that the memo was issued under Yoo's own name is further indication that this was a back door authorization of interrogation practices.

The Post also sheds light on Yoo's earlier October 23, 2001 legal memo, the one that declared that the Fourth Amendment had "no application to domestic military operations." The memo "focused on the rules governing any deployment of U.S. forces inside the country 'in the event of further large-scale terrorist activities' by al-Qaeda" according to "a Justice Department official." Just what that sort of operation that might have been discussed or how long that memo remained in effect are unclear. In fact, it's unclear whether it might still be relied upon:

Although the memo has not been formally withdrawn, the Justice Department yesterday repudiated the idea that there are no constitutional limits to military searches and seizures in a time of war, saying it depends on "the particular context and circumstances of the search," according to a statement.

All that is clear is that Department officials are insistent that that memo had nothing to do with the warrantless wiretapping program. But as the AP has shown, that appears not to be entirely true.

This is a story that is slowly gaining steam, and crawling through the muck, but I'm beginning to believe that something will happen, and those who turned the United States down this horrendous path will be brought to justice.

City paying nearly $20 million to settle police-torture lawsuit

City paying nearly $20 million to settle police-torture lawsuit
By Gary Washburn Tribune staff reporter
4:59 PM CST, December 7, 2007

The city will pay $19.8 million to settle with four African-American men who allegedly were tortured for their confessions by former police Cmdr. Jon Burge.

The settlement total, which is expected to be considered by the City Council next week, exceeds the amount paid to the family of LaTanya Haggerty, who mistakenly was fatally shot by police in 1999. They received a record $18 million in 2001.

In typical City Hall fashion, the news of the big payout came on a Friday afternoon, and also while Mayor Richard Daley was out of town and unavailable for comment. The Daley administration insisted the timing was coincidental.

The City Council's Finance Committee is expected to consider the settlement when it meets on Monday, setting the stage for approval by the full council on Wednesday.

"I am euphoric," declared Ald. Ed Smith (28th), one of several mostly minority aldermen who for months have been calling for a settlement. "We have been pushing for a long time. . . . We have been pursuing it vigilantly, and it's about time it reaches fruition."

Officials must now find a way to bring criminal charges against Burge and strip him of his city pension, Smith said.

"These [victims] will have to live with what this man did to them for the rest of their lives, and he is living off the fat of the land."

Burge, who was dismissed, is now retired, collecting his pension and living in Florida.

A tentative $14.8 million settlement that reportedly was hashed out earlier this year by city attorneys and lawyers for Leroy Orange, Stanley Howard and Madison Hobley—all of whom won pardons and were released from Death Row—never was recommended for council approval by Daley. Attorneys for Aaron Patterson also had been negotiating with the city on a settlement.

Back in September, the City Council's Finance Committee met in a rare, closed-door session after aldermen demanded to know why a proposed settlement of the Burge cases was derailed.

When First Deputy Corporation Council Karen Seimetz said she was barred from discussing settlement information by a judge's order, an angry Ald. Howard Brookins (21st) declared: "We [the council] are the client. She cannot be precluded from telling us what happened in court. She represents us."

That's when Ald. Edward Burke (14th) adjourned the meeting behind closed doors, where committee members were briefed by attorneys for the city.

After emerging, aldermen declined to reveal the information they got, citing warnings they received not to violate the court order.

At the end of September, U.S. Atty. Patrick Fitzgerald said his office would look into whether any of the Burge case officers lied under oath or obstructed justice as part of the civil litigation resulting from the torture allegations. Fitzgerald also confirmed a surprise disclosure from the Daley administration's top attorney that federal prosecutors have launched an investigation into the fatal 1987 fire that led to Hobley's conviction in state court.

Rest of article HERE.

When discussing why African-Americans do not trust the PO-Lice, if you live in Chicago, and can go a minute and a half without saying the name Jon Burge as Example 1A, then you have made an effort. This animal tortured - and I do mean -TORTURED - OVER 200 BLACK MEN.Some of those men wound up on DEATH ROW. Yes, I said, DEATH ROW. Men, who were INNOCENT of the crimes that they were convicted of and sent to DEATH ROW. That he STILL gets his pension is utterly criminal.

There is a complicitness, by the media, who still don't publicize this story. This story was dropped onto the SATURDAY edition...I want to know why it couldn't have been above the fold in the SUNDAY editions. Just how many MILLIONS have the Chicago Police Department, as well as other Police Departments, had to pay out because of their abuse of the Black community?