Wednesday, November 26, 2014

Malicious Prosecution

There is a legal term called Malicious Prosecution:
While the two claims are similar, malicious prosecution and abuse of process claims have some essential differences. A plaintiff can sue for abuse of process when a defendant starts a legal process with the intention to obtain results for which the process was not designed. A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he or she doesn’t have a case. In addition, the plaintiff must have already obtained a “favorable termination” of the defendant’s malicious case before he or she can sue for malicious prosecution.
Anyone familiar with this legal concept understands why the DA spent so much time with a grand jury and why the DOJ will be unable to do anything to Wilson other than make a lot of noise for public consumption
Essential Elements of Malicious Prosecution
A successful malicious prosecution claim requires all of the following:
beginning or continuing a criminal or civil legal proceeding
without reasonable grounds to believe the allegations of the proceeding with a purpose other than simply getting a judgment in the proceeding, and that
the proceeding has terminated in the favor of the person being prosecuted or sued (i.e. the future plaintiff in the malicious prosecution suit must first win the suit against him or her).
As we can see what Crump and others have been asking the DA to do is to engage in malicious prosecution. Also by calling on the feds, they are trying to get that entity to engage in malicious prosecution.
Even if the people bringing the criminal or civil proceeding think they have a winning case and are suing for a legitimate reason when they begin the case, they can be guilty of malicious prosecution if they discover a reason they cannot win during the case, but continue the case for improper motives anyway. [ My underlines]
What Benjamin Crump and others have been calling for is for the DA to try a case "just because" rather than by following the law. Had the DA done so, the city could have been sued for abuse of process. And example of a city being sued for malicious prosecution

#Ferguson: The Very Definition of First World Problem

Three things stood out to me:

1) Apparently a lot of people in Jamaica were talking about Ferguson.

2)Most of Africa had nothing to say. Most of Africa is not online. Similar for South America. Similar for South-East Asia.

3) Barely blip in Russia and I believe that was the sole doing of Russia Today.

Tuesday, November 25, 2014

They Never Wanted Justice

Matt Walsh over at The Blaze tells that hard truth:
This decision is not what you wanted, I realize, but that’s only because you never wanted justice at all. You wanted a certain outcome, and you have demanded that outcome from the very beginning, before listening to the other side, before looking at the evidence, before hearing from all of the witnesses, before giving the dust a chance to settle. You came to a conclusion based on rumor and conjecture, and you have not strayed from that conclusion or adjusted it or even acknowledged that any other conclusions are possible. This, my fellow citizens, is not the behavior of people who want justice and fairness. This is the behavior of a lynch mob. This is the behavior of tyrants who are perfectly willing to send an innocent man to jail if it means winning some kind of bizarre ideological victory. This is behavior that ought to be exposed and shamed, in no uncertain terms.
I'd end up quoting the entire piece. There is no escaping this logic.

Witness 14

One of the two most credible witnesses I've read thus far. Had this gone to a trial, this witness along with witness 11 would likely have sunk the prosecutions case. While I disagree with this witnesses assertion as to what was "necessary". I applaud and deeply respect his stated motives for coming forward and telling his story.
..and so after uh, weighing ourselves, and I'm not coming forward, what I'm coming forward now now because it's weighing on me. You know, but uh, the reason I hadn't, I hesitated is because one I live in the area, two if the things that was said by other people who, which is not really what happened and I was a eye witness to it...by living out there if you go against what they are saying, I think they might nut up. Uh, go crazy...
Allow me to stop here for a minute. This guy has stated unequivocally that what was being said in August by "other people" was wrong. I repeatedly pointed out various outlets and characters who were repeating information that was wrong. These outlets and "reporters' ought to be named and shamed and put out of work. Secondly, it is a sad commentary that our so called "black leadership" helped to create and/or foster an environment where truth tellers had to hesitate before telling their truths. That is completely unacceptable.
If I see it at any time that this is gonna cause or bring....or bring any drama towards us or...., it's ended.

Okay?

I'm sorry.

It's ended. Okay.

....

So, uh after talking to.....cause....was adamant for me not to say anything. not going to say anything but is really scared. Um, I talked it over with another fan....the other family members and let 'em know that it was weighing on me and uh I decided after seeing and hearing certain civil lead...civic leaders say certain things that I know, they were true but not quite accurate. And I want to set it straight, because the family needs to know what actually happened.... Okay, on the day of the incident I always sit, I stay on the floor, my bedroom window. I can look straight down Canfield towards west Florissant. And I was at that time, I was looking out the window and I happen to see two young men coming down the street, but they were in the middle of the street and I was like what the heck are they doing? Why are they in the middle of the street? I didn't really think much of it because a lot of people walk out in the street. I've walked it, but a closer to the curb, but I have walked in the street. A lot of us do that. And then I saw the police truck and he passed him a few feet and then he backed up. When he backed up I knew something was about to happen, so I got up and went to the door and I came out and stood on the porch. By the time I got there they were tussling, in the car, it looks like, I don't know if the officer had grabbed him or the boy reached into the car. I didn't see that part. But, I dispute the fact that the officer was out of that truck. He was not. They were wrestling in the truck, 'cause when he was wrestling with him I saw something fly. I don't know it if was a hat or something, then I heard a shot. "Pow." The boy backed up and ran and I'll show you in a diagram. And he got to a certain spot which was maybe 25 30 feet maybe more. You can measure it, I'll show you. And when he turned to face the officer he raised his hands but he didn't raise them all the way up. He raised them up and looked and you could see that something was on his hands and he looked down like he was looking at his side and he looked at, and then he turned and faced the officer like what happens why ya know. I gonna, I don't know what was going through his mind but if I had a guy shot I would have came at like why did you shoot me or ya know whatever. The officer exited the vehicle came around back he's about, at the, well I can't say he was on the passenger side but he wasn't quite at the end of the truck-....

The officer the boy was still standing on the, on the, on the partially on the parking lot and on the grass. 'Cause he had ran that way. The officer came out came around got into his stance. And he said "stop."

I'm gonna pause here for a minute.

Right here we have felony assault on a peace officer. Then we have what can be reasonably thought to be attempted murder of a police officer and on top of that failure to obey police commands to stop moving.

Because the boy looked up at him and he took two steps, about two or three steps. Pow, pow he fired off about three rounds and he hit him the boy kinda wiggled. And when he came back up he had the weirdest look on his face and he started coming forward. Not in a, like he was trying' to attack him, it's like he's coming to him like to plea with him stop. The officer did say, "stop, stop, stop." Well after the third time, he let loose. And the boy was coming forward slowly. Real slowly. But you could see that he was hurt, 'cause he was like this. And rocking back and forth. He wasn't in a upright position he was kinda hunched over. And as he was coming forward and he fired off the volley he was falling. He didn't fall to his knees, he fell straight down. And as he was going, he kept firing. He kept firing. Until he hit the ground. Okay.
Now this witness is a witness meaning he really cannot speak to whether the Officer viewed Brown as threatening. What is significant here is that he says that Brown was ordered to stop 4 times and ignored those commands. What person in their right mind looks at a cop with a firearm pointed at them, telling them to stop and still moves towards the cop?

Was Brown suicidal? I'm going to skip a bit of the statement.

..And after that it was everyone started coming from the back, saying "oh my God. He had his hands in the air, tellin' him don't shoot, don't shoot, don't shoot." He never uttered a word [ my underlines]
This credible witness to the entire event has demolished the "don't shoot" narrative.
,because after hit that that that second boll...first vole, he could. it was like he couldn't talk. He was like, cause he couldn't believe what was happening. You know. And he was kinda and I'm going to say it again. He was walking forward. But not in a menacing way [note: Once told by a police officer to stop, any walking movement in any direction is seen as a threat], he was coming to him as if to....help me, stop or something. It awe, after he said the last time the officer said stop, he just let loose. To me he was already injured. If he had not fired that last volley, I think the boy might have survived. "cause it looked like he hit him here, okay. But as he was going down, I don't know where the bullets hit him. You know, all I saw was his body going down and the guy, and he was steady firing. Okay he st...he never came out of his stance. You know and I know you, do both of you know what I am talking about?

Okay, and like I said when that happen that's when everyone come back and all of them start saying things like oh he was on his knees, and when they shot him he shot him on his knees. Uh, then they came by and and they said oh he was laying down and the officer came and shot him in his head. No, he may have, if he does have a head shot it was because he was coming down [Note: I already diagrammed exactly how that head shot would have happened. This witness who saw the events supports that supposition]. That's the only way I could see it. Okay, I've fired weapons, I've been training myself, I've gone to gun ranges and everything else. As he was coming down that the only way I could see that...if he was hit in the head, it was as he was falling. He did not intentionally shoot him, walk up and shoot him in the head but he did not have to fire that last volley [note: in his opinion but he wasn't the peace officer so his opinion doesn't mean anything.]. That's what killed him, to me. Because he didn't look like he was ready. You know. He was, to me and I'm going to say it, he was executed. He had made up his mind he was going to kill him. Because he was a big guy but that big guy was on his way down after that first volley. He wasn't getting ready to go down. And then when he started shooting again he was really coming down. And that's all I have to say about that. [ My underlines]

This is where I diverge from the witness. The peace officer doesn't have the luxury of being on the porch watching it all go down and then like quicksilver from X-Men, jump up and move shit around. By the witnesses own words, Brown was told to stop four times. That he was still moving after the first volley rather than, you know, stopped, he brought that second set on himself. Also, by the autopsy, we know that the other shots hit him in the arm. That may have hurt but that was not going to bring him "down".
And I'm going to re-iterate, when he fired that last volley which he did not have to do [note: in his opinion], that boy was gonna go down [note: he knows this how?] And he might have lived because if they could have got the EMT's to him they, right then he may have lived. [note: by the autopsy that is a correct statement since brown only sustained other shots to the arm]...He had no intention of letting him come, move [note: which is how police operate]. None. Maybe he got caught up in the heat of the moment or whatever was his intention I cannot read that officer's mind, but he did not have to fire that last volley [note: because though he cannot read the officer's mind, he can read the officer's mind as to know that the officer didn't think it was necessary.]

Witness Intimidation In Ferguson

Witness 46:
He told me that he needed to talk to me with you all and to state what I seen and told him I was scared because I've been gettin' a lot of calls that's threatening me and only thing, I don't even know these people. I don't stay, I used to live in Ferguson, I have a cousin live in Ferguson I go over and see him in them apartments[emphasis and underlines added]
Wait till I post up Witness 14....

"Did I Actually Witness A Police Officer Being Murdered?"

As the witness testimony rolls in, the the eternal shame of many so called "respectable" news media, all of whom should be sitting down their so called reporters and explaining how unemployment benefits work, we find Witness number 10:
I seen Mr. Brown in the window of the police car looked...it appeared as they were wrestling through the window and one gunshot had let off. And, Mr. Brown took off running and my first thought was like "oh my gosh" did I actually just witness a police officer being murdered because it took a while for the police officer to get out of the car and pursue the suspect. And I wanna say maybe six seconds, but it seemed like it was forever after the the the first gunshot. So, tyne police officer exited the vehicle with his weapon drawn pursuing Mr. Brown. Mr. Brown was quite a distance and he stopped and when he stopped he didn't get down on the ground or anything. He turned around and he did some type of movement. I never seen him put his hands up or anything. I can't recall the movement he did. I'm not sure if he pulled his pants up or-or whatever he did but I seen some type of movement and he started charging towards the police officer. The police officer then returned fire. Well, not returned fire on Mr. Browm. Um, if I had to guess the shots and the-the distance between him and, a, Mr Brown, it would have to be five to ten yards and the shots that were fired was four, five to six shots fired and Mr. Brown was still standing up. Um, and my thoughts was while he's missing this guy this close, is he-is he hitting him or because Mr. Brown there was no reaction from him to show that he had been hit. Um, after that, Mr. Brown then paused. He-he-he stopped running and when he stopped running the police officer stopped firing. And, then Mr. Brown continued, started again to charge towards him and after that the police officer returned fire and um well not returned, I'm using the wrong...a started to fire once more at him. Um, if I had to guess the rounds that were fired then it would be four to five more shots and after that Mr. Brown collapsed and fell to the ground.

Grand Jury Documents

For those of you interested in those pesky things called facts and documentation.

I. Told. Y'all.

Saturday, November 22, 2014

Not An Accident

Forget Ferguson. This right here is the real deal.

Unlike Mr. Brown, this guy hadn't just tried to rob a store and assault the manager.

Unlike Mr. Brown, this guy didn't grab up a police officer and grab up that officer's gun.

No. This guy was taking the stairs in a building (something the author does all the time).

The police are saying that this was an accident. This is unacceptable. Unless they can show that there was either a crime in progress or that the police had reason to believe an armed person had entered the stairway after or on the way to commit a crime, there is no reason for this officer to have had his gun drawn and chambered.

Currently there is talk about how he can be fired because he was on probation as a new cop. But this here looks very much like criminally negligent homicide. He was walking in a stairway where unarmed residents come and go. Again. Short recordings that a crime was occurring or that a suspect had fled into the stairwell, this guy should be seeing charges.

A panicked rookie cop in a pitch-black housing project stairwell killed an unarmed man with a single gunshot to the chest as the officer fumbled around in the darkness with a flashlight and a handgun.

The fatal shooting, which officials described as a tragic accident, happened during a vertical patrol late Thursday — months after the superintendent of the Brooklyn development asked NYCHA to fix the stairwell lights

And note:
I shot him accidentally,” the devastated cop confessed to his colleagues. His partner Landau never pulled his weapon from its holster.

Bratton and de Blasio agreed the shooting was a terrible mistake — although Liang had yet to tell his story to police.

Never pulled his weapon. This means there were no suspects that they were looking for or a crime they were responding to. Otherwise Landau would have had his gun drawn covering their back.

Friday, November 21, 2014

Not Surprising In The Least Bit

From RT.com:
He took to the university campus waving an infamous black-and-white flag - the emblem of the Islamic State (IS, formerly known as ISIS/ISIL). “ISIS is misunderstood. We just want our own state. Why does America keep bombing us? America and Western imperialism are to blame, not ISIS,” he was shouting in the video released by Fox news on Wednesday

However, the students, who Horowitz says in his blog “clearly have a lot of intellect,” didn’t react at all.

“A couple of thousand students walked by me and not saying anything negative. In fact, there were some positive responses. [It] really blew me away,” he said in an interview with RT. “Not a single person has a negative response. It was completely shocking.”

There was no harsh condemnation of the group and no one mentioned the IS’ beheading of three US citizens.

One passerby nodded towards Horowitz and said, “Good luck.”

And then.
he returned with an Israeli flag, trying to show the ‘tolerance’ of Berkeley students.

However, he received less-than-warm reception as the students started assailing him with hatred.

“F*** Israel,” exclaimed one man, “You’re killing kids,” said another.

“All of Israel are killers,” added a woman.

“That flag you wave is the psychological genocide of this planet. This institution is part of the people who enslaved the whole planet,” one of passerby said in a tirade.

In his RT interview, Horowitz said that one student told him that Israel is “the worst country in Europe,”

I'm not at all surprised by this. There is this disease on the left in which being critical of imperialism means that one cannot also be critical of the actions of those either under imperialism.

When it comes to black folks it is similar. One is free to discuss White Supremacy at length. One may not however discuss the dysfunctional habits of black folks because black folks under White Supremacy have no agency.

Now to be fair, I don't have a foundational problem with ISIS wanting it's own state and engaging in revolution to get to that end. This is how countries and nations have been created and changed throughout history. I do object to the means by which ISIS deals with it's enemies and it's fundamentalism.

Simply put one can condemn the settler state that is Israel AND the actions of ISIS. This is not hard people.

Wednesday, November 19, 2014

Maybe I Missed Something

From the Daily News:
Students at Booker T. Washington High School in Norfolk and the NAACP slammed Amy Strickland ― a former teacher of the year ― for retweeting an offensive joke apparently mocking interracial couples, WAVY reported.
So, so far a person re-tweeted a tweet without commentary. I don't see what the problem is.
The tweet featured a photo of high school couples posing for a prom photo: Each of the girls were white, and all of the guys were black. The photo’s caption read, “Every white girl’s father’s worst nightmare.”
Which wasn't HER caption. It was the caption on the original photo. So again. I don't see what the problem is.
Students told the school’s principal about their find ― and planned the Monday walkout when the school failed to take action.
So they found a retweet on her page with a caption they considered offensive and ran to the principal to get her in trouble.

So in essence if you retweet a tweet of someone else without commentary YOU are now the author of the original tweet? Really?

“I could have been any one of the boys in the picture,” junior Michael LeMelle told the TV station Monday. “And I really don’t see myself … as anyone’s worst nightmare.”
Ok. That's nice. See so what you do is retweet with a comment to that effect or AT the original tweeter and say "Nah". Problem solved.
On Tuesday, the school board said it was investigating.

But the probe ― which was announced only after the student walkout ― should have launched days ago, activists said.

What is there to investigate. A RT (retweet) without commentary is neither an endorsement or refutation of the original statement. It is merely passing it through your account to your followers (if private) or the public (if public). Anyone else is free to look at or further interact. I note the conspicuous absence of any mention of any commentary by the assistant principal.
While Dillard applauded the students for their peaceful protest, he urged the school to reprimand Strickland and take control of the school
Reprimand her for what? What exactly is there to reprimand her about? They don't like what she retweets? Hello, can we say "prior restraint of speech" (if that is a public school)? They will be lucky if it turns out that they are dealing with yet another white guilt having white person ready to fall down sobbing and apologizing. They will he VERY unlucky if this woman has any backbone and sues the pants and skirts off anyone who touches this case. She will win if she does

Friday, November 14, 2014

"Because They Did Not Believe He Was Armed"

Two officers approached Mr. Gonzalez with their firearms pointed at him and told him to stop. He continued running, and the officers decided not to use lethal force because they did not believe he was armed.
And
The officer put his finger on the trigger of his gun, pointed it at Mr. Gonzalez as he came up the stairs, and told him to stop. But, Mr. Gonzalez continued running and the officer did not shoot because he did not believe Mr. Gonzalez was armed. It was later discovered that Mr. Gonzalez had a knife.
And
“After attempting twice to physically take Gonzalez down but failing to do so because of the size disparity between the two, the officer then attempted to draw her baton but accidentally grabbed her flashlight instead,” the report said. “The officer threw down her flashlight, drew her firearm, and continued to give Gonzalez commands that he ignored.”
Ferguson: Unarmed man shot because he posed a threat to officer.

White House: "Unarmed" man NOT shot because he posed a threat to the president.

One of these scenarios is wrong.

Question: Do any of these people actually have orders to shoot threats? Or do they just talk to them and hope they comply?

Anything Could Happen But The Odds Are...

From Clergy reach out to wary high school students in wake of Brown shooting
How many of you had that thought it could have been me?” said the Rev. Robert White, a St. Louis pastor, to nearly 50 students in the library of East St. Louis High School Thursday.
This is a heavily loaded question. If one is talking about a totally random event like a car running off the road into a sidewalk then INDEED it "could" have been you.

However when an event is determined by the behavior of more than one party, the "coulda been me" argument starts to fall apart. On the one hand in the real of possibility, ANYTHING can happen. But when we analyze situations we often find that the probability falls or rises based on other items. The problem with a lot of common black thought is that race in and of itself mediates certain outcomes with police when they actually do not.

“Tell me,” he said to a girl at a front table. “Why are you saying that could have been you?” “Because I’m black,” Monecia Hudson, a junior, told him. “It really doesn’t make a difference what gender you are. Police — they don’t care who you are. If they feel you’re doing something wrong they’re going to do whatever they feel.”
Let me stop off race and turn to gender. I usually upset certain women when I discuss the issue of women hitting men and men hitting those women back such as what happened recently on the F Train in NYC. A large number of women (and men) are quick to condemn those men who strike back and say that those persons who agree with that support violence against women. My only comment to such persons are as follows: Are you the type who would strike a man (or anyone else for that matter) for any reason other than self defense? If not then why are you supporting those persons who DO strike men (or other people) for reasons other than self-defense? Secondly do YOU engage in such behavior? if not then you have nearly zero chance of finding yourself in such a situation even IF you were involved with a man disposed to striking back.

The result is universal: Silence.

Similar logic works here. Brown is not dead because he is black. He is dead because he acted inappropriately to someone with a firearm who was ALSO a peace officer. Brown would be alive today and likely in jail or probation, if her had done the following:

1) Did not walk down the middle of the street obstructing traffic. 2) Did not attempt to take and use Wilson't firearm even IF Wilson had grabbed Brown up through the car window or "hit him with his car door". 3) Upon running and being fired upon, stopped with his hands WAY over his head, not only to his side as some witnesses stated, 4) Not moved towards to officer but stood still.

With this in mind, the proper question that should have been asked of the students should have been:

How many of you would assault a police officer? How many of you would run away from a police officer after assaulting him? How many of you would disregard an order to stop and continue to move towards an officer you just assaulted?

Seen this way none of the hands should have gone up. And that is the real lesson of "could have been me".

Civilization requires a certain level of responsibility and behaviors. The same way we expect, as we should, a certain level of behavior from police, we should also expect and require a certain level of behavior from citizens.

Back Story: Get It Right LA Times

So while awaiting the grand jury decision the LA Times decided to post a "back story" on the events in Ferguson. Of course there were problems.
St. Louis County grand jury is expected to decide soon whether to indict a white police officer who fatally shot an unarmed 18-year-old black man on Aug. 9 in Ferguson, Mo., setting off protests and unrest. Here’s what we know about the deadly encounter involving Michael Brown and Officer Darren Wilson, and what’s likely to happen next.
Well unlike August when he was a "teen" the unfurling narrative still presents the "unarmed" angle. Though anyone with sense knows full well that an "unarmed" person is not the same as a "non-threatening" person. And also never mind that Brown was already on tape assaulting the manager. See, this is what we call the Set Up. The implication here is that Brown is innocent (because he's black) and that Wilson is guilty because he is white and therefore racist.
Wilson has not spoken publicly about what happened, and no direct video of the shooting has surfaced.
Because? Because Ferguson police do not use dash cams or body cams. In most police misconduct (and citizen misconduct) cases, the cameras are turned on after the initial contact. Someone getting stopped by a police officer doesn't cause a camera to be turned on but a cop hitting someone after the stop does. So absent the video (which the ghost thinks should be mandatory for all law enforcement personnel) We have witness statements and forensics. We already know through research that witness statements are not entirely reliable. So forensics gets a higher weighting than "I swore I saw so and so do such and such".
the confrontation began when Wilson, on patrol, spotted Brown and a friend, Dorian Johnson, walking in the street.
Well actually the confrontation started when Wilson, who was called to respond to a report of a strong arm robbery at a convenience store came upon Brown and Johnson walking in the middle of the street obstructing traffic which included a now emergency vehicle. This part is important because "on patrol" implies that Wilson was simply driving around looking for someone to mess with. The actual case shows that Wilson was in a state of high alert trying to get to a scene of a crime. Entirely different mindset.
Wilson “observed the two individuals, he requested that they get out of the roadway. The deceased became belligerent towards Officer Wilson,” the report stated.
"Observed" is standard police speak. Of course he "observed". they were likely in his way as he was responding to the reported crime. "requested" is also police speak. It is likely that he yelled at them. He likely had his siren and/or lights on (though that was never mentioned and would actually be relevant). Of course Wilson would not be 'nice" as he is trying to get to a scene of a reported crime.
"As Officer Wilson attempted to exit out of his patrol vehicle the deceased pushed his door shut and began to struggle with Officer Wilson, during the struggle the Officer’s weapon was un-holstered. The weapon discharged during the struggle.
Of course this leaves out pertinent information such as the fact that AFTER yelling at Brown and Johnson, Wilson continued on to the location of the reported crime. It was AFTER he heard the description of the suspect, and the description matched one of the persons he just yelled at, that he turned around to confront Brown Secondly, by pushing the door onto officer Wilson, Brown committed assault on a peace officer. You'd think that noting that would be relevant to the "back story". Secondly the fact is that the gun discharged twice in the vehicle and that witnesses say that Johnson took off running after the first shot. Which would imply that he could not have seen everything that transpired after that first shot.
Johnson says that when the incident began, Wilson used profanity to tell the young men to get out of the street, hit Brown with his car door while trying to open it, then grabbed Brown by the neck.
So Wilson, sitting in his vehicle, after cussing at Brown, attempted to knock Brown down with his door. Then failing to exit his vehicle, reached out the window to grab up Brown? Do those events even sound right to you. If anything the order would have to have been "Grabbed first, opened door after". And even in that case why would a police officer entrap his arm in a car door window grabbing onto a suspect when he knows he has to lose contact when the door is fully opened? Reader: Try that at home. Get a buddy. Grab him by the neck out your car window and then open the door and see how that works out for you(Convertible owners exempted).
“They’re not wrestling so much as his arm went from his throat to now clenched on his shirt,” Johnson told MSNBC. “It’s like tug of war. He’s trying to pull him in. He’s pulling away, that’s when I heard, ‘I’m gonna shoot you.’”
Lets take this at face value. If Wilson in fact did this, it would be an epic training fail on his part. What purpose does pulling Brown into the driver's side front seat serve for Wilson? Is he gonna shoot Wilson in the head while his head is in the driver's seat? Knock him out with his gun? "Then he heard 'I'm gonna shoot you." He heard who say that? A police officer who is being assaulted WILL say "stop or I'll shoot". Since Wilson was being assaulted it is highly likely that he said something to that effect. Therefore it still cannot be seen as evidence of malice for him to be heard saying "i'll shoot." because we know he's in a scuffle. Secondly, if Wilson was interacting with Brown after realizing that Brown fit the description, that would explain why his gun was unlatched or unholstered when Brown reached for it. Professionals do not unlatch their guns because they KNOW that a 'free" gun is an invitation for an opponent to become armed.
After the first shot wounded Brown, Johnson said, Brown ran and Wilson chased him. Wilson then shot Brown in the back, and Brown stopped, turned with his hands up, and said, “I don’t have a gun, stop shooting!” according to Johnson’s account to MSNBC.
Of course the autopsies (there were 3 done)showed that Brown was not shot in the back. The LA Times should have noted right there and then that Johnson't statement in that regard was false. Secondly, even IF Brown said anything like "I don't have a gun" it does not follow that he is not a threat. He is still obliged to follow all police directions and it is HIGHLY unlikely that Wilson told Brown to walk towards him. Police tell you to lay down on the ground with your hands on your back.
As Wilson stood face-to-face with Brown, the officer shot him several more times, Johnson said.
Of course johnson's testimony was contradicted by other witnesses.
No. Among the earliest details to provoke fury from residents and demonstrators were witnesses’ statements to the media that Brown had his hands raised in surrender when Wilson shot him.
Well they may have thought that was what they saw. So far the leaked GJ evidence and the autopsy indicates that Brown's hands were at his sides, elbows near his hips which is a far cry from hands over his heads claims made by others and which I demonstrated could be indicative of someone attacking someone
One witness, Tiffany Mitchell, told MSNBC that Wilson shot at Brown as he was running away, and Brown’s body jerked as if he had been shot. Mitchell said Brown “turned around and put his hands up, and the officer continued to walk up on him and shoot him until he goes all the way down to the ground.” Another witness, Piaget Crenshaw, gave a similar account.
With all due respect to Tiffany Mitchell, her testimony is contradicted by other accounts.

But by all means LA Times, don't let these other witness accounts get in the way of your narrative.

The Washington Post sparked controversy last month when it reported that several black witnesses had provided testimony to the grand jury that largely supported Wilson’s account of events.
Controversy. Why is that controversial? Now THAT would make for a good news story.
After the grand jury’s decision is released, McCulloch’s office has promised to release all evidence and testimony from the proceedings, which are conducted in secret. The prosecutor would have to seek a judge’s approval for such a move, however, and if there is an indictment, some of the information might remain confidential until trial.
If they do release this information then I hope they take every precaution to make sure that the witnesses who spoke truthfully have their identities protected. The reason GJ activities are secret is to protect both the reputations of those under investigation but also to protect the witnesses from retribution.
Missouri law provides wide latitude for police to use deadly force, particularly if the officer believes it’s necessary to protect his or her safety or the safety of others. But that law might not shield Wilson. “If Michael Brown was trying to surrender at the time, that makes this defense not applicable,” Washington University law professor Peter Joy said. “So the question is: Was Michael Brown clearly trying to surrender at the time that the fatal gunshots were fired?”
No, actually the standard is whether Wilson, the accused believed his life was still in danger, not whether someone thinks Brown was surrendering. I'm surprised a law professor misunderstands this point. If the witness statements that Wilson took steps back as Brown stepped towards him, then it goes to show Wilson's belief that he was in danger.

Wednesday, November 12, 2014

Taxpayer Paid Part of JP Morgan's "Penalty" Because...

The government made sure to not call it a "penalty".
Taibbi noted that $7 billion of the settlement was tax deductible, meaning “American taxpayers coughed up $2.4 billion of this settlement for JP Morgan Chase. An ordinary person, when they suffer a criminal penalty, they cannot deduct that from their taxes… because the government very specifically did not call this a ‘penalty’ in the settlement … that allows the bank to deduct that money, which means all of us get to pay a big chunk of that fine for them. Which is incredible.”