Sunday, August 24, 2014
Ferguson Cops Were Caught in a Bloody Lie: The officers got the wrong man, but charged him anyway—with getting his blood on their uniforms after beating him to a pulp
“On and/or about the 20th day of Sept. 20, 2009 at or near 222 S. Florissant within the corporate limits of Ferguson, Missouri, the above named defendant did then and there unlawfully commit the offense of ‘property damage’ to wit did transfer blood to the uniform,” reads the charge sheet.
The address is the headquarters of the Ferguson Police Department, where a 52-year-old welder named Henry Davis was taken in the predawn hours on that date. He had been arrested for an outstanding warrant that proved to actually be for another man of the same surname, but a different middle name and Social Security number.
“I said, ‘I told you guys it wasn’t me,’” Davis later testified.
He recalled the booking officer saying, “We have a problem.”
The booking officer had no other reason to hold Davis, who ended up in Ferguson only because he missed the exit for St. Charles and then pulled off the highway because the rain was so heavy he could not see to drive. The cop who had pulled up behind him must have run his license plate and assumed he was that other Henry Davis. Davis said the cop approached his vehicle, grabbed his cellphone from his hand, cuffed him and placed him in the back seat of the patrol car, without a word of explanation.
But the booking officer was not ready just to let Davis go, and proceeded to escort him to a one-man cell that already had a man in it asleep on the lone bunk. Davis says that he asked the officer if he could at least have one of the sleeping mats that were stacked nearby.
”He said I wasn’t getting one,” Davis said.
Davis balked at being a second man in a one-man cell.
“Because it’s 3 in the morning,” he later testified. “Who going to sleep on a cement floor?”
The booking officer summoned a number of fellow cops. One opened the cell door while another suddenly charged, propelling Davis inside and slamming him against the back wall.
“I told the police officers there that I didn’t do nothing, ‘Why is you guys doing this to me?’” Davis testified. “They said, ‘OK, just lay on the ground and put your hands behind your back.’”
Davis said he complied and that a female officer straddled and then handcuffed him. Two other officers crowded into the cell.
“They started hitting me,” he testified. “I was getting hit and I just covered up.”
The other two stepped out and the female officer allegedly lifted Davis’ head as the cop who had initially pushed him into the cell reappeared.
“He ran in and kicked me in the head,” Davis recalled. “I almost passed out at that point… Paramedics came… They said it was too much blood, I had to go to the hospital.”
A patrol car took the bleeding Davis to a nearby emergency room. He refused treatment, demanding somebody first take his picture.
“I wanted a witness and proof of what they done to me,” Davis said.
He was driven back to the jail, where he was held for several days before he posted $1,500 bond on four counts of “property damage.” Police Officer John Beaird had signed complaints swearing on pain of perjury that Davis had bled on his uniform and those of three fellow officers.
The remarkable turned inexplicable when Beaird was deposed in a civil case that Davis subsequently brought seeking redress and recompense.
“After Mr. Davis was detained, did you have any blood on you?” asked Davis’ lawyer, James Schottel.
“No, sir,” Beaird replied.
Schottel showed Beaird a copy of the “property damage” complaint.
“Is that your signature as complainant?” the lawyer asked.
“It is, sir,” the cop said.
“And what do you allege that Mr. Davis did unlawfully in this one?” the lawyer asked.
“Transferred blood to my uniform while Davis was resisting,” the cop said.
“And didn’t I ask you earlier in this deposition if Mr. Davis got blood on your uniform?”
“You did, sir.”
“And didn’t you respond no?”
“Correct. I did.”
Beaird seemed to be either admitting perjury or committing it. The depositions of other officers suggested that the “property damage” charges were not just bizarre, but trumped up.
“There was no blood on my uniform,” said Police Officer Christopher Pillarick.
And then there was Officer Michael White, the one accused of kicking Davis in the head, an allegation he denies, as his fellow officers deny striking Davis. White had reported suffering a bloody nose in the mayhem.
“Did you see Mr. Davis bleeding at all?” the lawyer, Schottel, asked.
“I did not,” White replied.
“Did Mr. Davis get any blood on you while you were in the cell?” Schottel asked.
“No,” White said.
The contradictions between the complaint and the depositions apparently are what prompted the prosecutor to drop the “property damage” allegation. The prosecutor also dropped a felony charge of assault on an officer that had been lodged more than a year after the incident and shortly after Davis filed his civil suit.
Davis suggested in his testimony that if the police really thought he had assaulted an officer he would have been charged back when he was jailed.
“They would have filed those charges right then and there, because that’s a major felony,” he noted.
Indisputable evidence of what transpired in the cell might have been provided by a surveillance camera, but it turned out that the VHS video was recorded at 32 times normal speed.
“It was like a blur,” Schottel told The Daily Beast on Wednesday. “You couldn’t see anything.”
The blur proved to be from 12 hours after the incident anyway. The cops had saved the wrong footage after Schottel asked them to preserve it.
Schottel got another unpleasant surprise when he sought the use-of-force history of the officers involved. He learned that before a new chief took over in 2010 the department had a surprising protocol for non-fatal use-of-force reports.
“The officer himself could complete it and give it to the supervisor for his approval,” the prior chief, Thomas Moonier, testified in a deposition. “I would read it. It would be placed in my out basket, and my secretary would probably take it and put it with the case file.”
No copy was made for the officer’s personnel file.
“Everything involved in an incident would generally be with the police report,” Moonier said. “I don’t know what they maintain in personnel files.”
“Who was in charge of personnel files, of maintaining them?” Schottel asked.
“I have no idea,” Moonier said. “I believe City Hall, but I don’t know.”
Schottel focused on the date of the incident.
“On September 20th, 2009, was there any way to identify any officers that were subject of one or more citizens’ complaints?” he asked.
“Not to my knowledge,” Moonier said.
“Was there any way to identify any officers who had completed several use-of-force reports?”
“I don’t recall.”
But however lax the department’s system and however contradictory the officers’ testimony, a federal magistrate ruled that the apparent perjury about the “property damage” charges was too minor to constitute a violation of due process and that Davis’ injuries were de minimis—too minor to warrant a finding of excessive force. Never mind that a CAT scan taken after the incident confirmed that he had suffered a concussion.
Schottel has appealed and expects to argue the case in December. He will contend that perjury is perjury however minor the charge and note that both the NFL and Major League Baseball have learned to consider a concussion a serious injury.
Schottel figures the courts might take the problems of the Ferguson Police Department as more than de minimis as a result of the protests sparked when an officer shot and killed an unarmed 18-year-old named Michael Brown on the afternoon of Aug. 9.
“Your chances on appeal are going up,” a fellow lawyer told him.
At least one witness has said that Brown was shot in the back and then in the chest and head as he turned toward the officer with his hands raised.
“I said, ‘Well, that doesn’t surprise me,’” Schottel told The Daily Beast on Wednesday. “I said I already know about Ferguson, nothing new can faze me about Ferguson.”
Schottel has also deposed the new chief, Thomas Jackson, who took over in 2010. Jackson testified that he has instituted a centralized system whereby all complaints lodged against cops by citizens or supervisors go through him and are assigned a number in an internal affairs log. Schottel views Jackson as “not a bad guy,” someone who has been trying to make positive change.
“He wants to do right, but it was such a mess,” Schottel said Wednesday.
Jackson has seemed less than progressive as he delayed identifying the officer involved in the shooting for fear it would place him and his family in danger. Jackson would only say the officer is white and has been on the job for six years. This means that for his first two and most formative years the officer might have been writing his own force reports and that none of them went into his file.
“It’s hard to get people to clean things up, especially if they’re used to doing things a certain way,” Schottel said.
On Friday, police finally identified the officer as Darren Wilson, who is said to have no disciplinary record, as such records are kept in Ferguson. We already know that he started out at a time when it was accepted for a Ferguson cop to charge somebody with property damage for bleeding on his uniform and later saying there was no blood on him at all.
The photographer who captured the iconic image of Ferguson was arrested
CNN reports "Broken Eye Socket" didn't happen to Ferguson officer who shot unarmed teen as reported
However, on CNN Thursday, Don Lemon reported that Wilson did not suffer a fractured or broken eye socket and was rather treated at the hospital for swelling around his face and eyes. Noting that that specific injury has not been reported by CNN, “but is making its way around other media organization,” Lemon cited a “source close to the investigation” who told CNN that Wilson’s x-rays came back negative for a fractured eye socket.
“That source says it is not true, at all, he did not have a torn eye socket,” Lemon said. “Unequivocally
US says American held in Syria has been freed
An American journalist kidnapped and held hostage for nearly two years by an al-Qaida-linked group in Syria was released Sunday, less than a week after the horrific execution of American journalist James Foley by Islamic militants.
The freed American is 45-year-old Peter Theo Curtis of Massachusetts, who wrote under the byline Theo Padnos.
White House national security adviser Susan Rice said Curtis is now safe outside of Syria. Secretary of State John Kerry said Curtis was held by Jabhat al-Nusra, also known as the Nusra Front, an al-Qaida-linked militant group fighting the government of Syrian President Bashar Assad.
A senior administration official said Curtis was released in the Golan Heights, where he was met by U.S. government personnel who were transporting him to Tel Aviv. The official was not authorized to speak by name and discussed the release on the condition of anonymity.
It was not known what prompted Curtis' release or if any of the captors' demands had been met.
In a video obtained by The Associated Press and dated July 18, 2014, Curtis sits cross-legged on a floor with his hands bound, and appears to read from a sheet placed in front of him on the floor. Addressing the U.S. and European governments, he pleads for them to contact a named intermediary before it is too late.
"They have given me three days to live," he says as a man holding an assault rifle and dressed in camouflage stands next to him. "If you don't do anything, I'm finished. I'm dead. They will kill me. Three days. You have had 20 days, and you've done nothing. "
He does not specify any demands, only urges Western governments to make contact with the intermediary.
His family said they believe Curtis was captured in October 2012, shortly after crossing into Syria.
"My heart is full at the extraordinary, dedicated, incredible people, too many to name individually, who have become my friends and have tirelessly helped us over these many months," Curtis' mother, Nancy Curtis, said in a statement from the family. "Please know that we will be eternally grateful."
Curtis, under the Theo Padnos byline, has written for the New Republic and in 2011 wrote a book called "Undercover Muslim: A Journey Into Yemen," which studied the radicalization of disaffected youths.
Before leaving for Yemen in 2005 to study Islam, he worked in the Vermont prison system teaching teenage inmates. That experience resulted in the book "My Life Had Stood a Loaded Gun."
"He seems to be in good health," Curtis' cousin Viva Hardigg said in an interview. "We are deeply relieved and grateful for his return and the many people who have helped up secure his freedom. At the same time, we are thinking constantly of the other hostages who are still held and those working to help them be freed. We want to do everything we can to support their efforts."
In another video from June 30, 2014, a man with a beard and disheveled hair identifies himself as Peter Theo Curtis from Boston, and says he is being treated well.
"I have everything I need. Everything has been perfect — food, clothing, even friends now," he says. He appears to be reading from a script.
Curtis' release was first reported by Al Jazeera.
Kerry, a former senator from Massachusetts, voiced relief and gratitude for Curtis' release, "particularly after a week marked by unspeakable tragedy."
"Theo's mother, whom we've known from Massachusetts and with whom we've worked during this horrific period, simply refused to give up and has worked indefatigably to keep hope alive that this day could be a reality," Kerry said.
He added that over the past two years, Washington had "reached out to more than two dozen countries asking for urgent help from anyone who might have tools, influence or leverage to help secure Theo's release and the release of any Americans held hostage in Syria."
Foley was beheaded by Islamic State militants who released a video last week blaming his death on U.S. airstrikes against their fighters in Iraq. Foley's captors had demanded $132.5 million (100 million euros) from his parents and political concessions from Washington. Neither obliged, authorities say.
Officials said Curtis' captors were members of the Nusra Front, an al-Qaida affiliate. Islamic State is an al-Qaida splinter group and the two organizations have parted ways. U.S. officials say Islamic State is the far more ruthless organization.
For al-Qaida and some other militant bands, ransoms paid to free kidnapped Europeans over the past decade have surpassed donations from private supporters as a source of funding, according to the United States and Britain.
The British government, like the U.S., adheres to a longstanding policy against paying ransoms to extremists. A senior Obama administration official said last week the Islamic State had made a "range of requests" from the U.S. for Foley's release, including changes in American policy and posture in the Mideast.
Al Jazeera reported that mediators from Qatar helped secure Curtis' release. The energy-rich Gulf nation, which is a leading supporter of the Syrian rebels fighting to oust President Bashar Assad, has been involved in mediating hostage releases in Syria over the past year.
In March, the Qataris helped negotiate the release of more than a dozen Greek Orthodox nuns held by the Nusra Front. Late last year, Qatar also helped broker a deal that saw nine Lebanese pilgrims held in Syria by rebels go free in exchange for the release of two Turkish pilots held hostage in Lebanon.
Saturday, August 23, 2014
Friday, August 22, 2014
Casting Southern California Teams of 2 for Competition Show
Casting So Cal Teams of 2 for Competition Show
We are searching for COMPETITIVE, ATHLETIC PEOPLE to compete in a pilot for a brand new Adventure Competition TV show for a major cable network. We're looking for teams of two who are ready for the ultimate rush that will test your wits and endurance - for the chance to WIN $$$$!!! Race against the clock in this fun and challenging miles long obstacle course. We need a variety of pairs. So, grab your Mom/Dad, Aunt/Uncle, Cousin, Sibling, Spouse, Neighbor, Boss, Friend, Co-worker... TO SUBMIT ericahenderson.casting@gmail.com 1. Names of you and your teammate (first and last names) 2. Ages for each of you 3. Contact phone number for each of you 4. City/Zip where you live (must be SoCal) 5. What is your relationship to your teammate (friend, co-worker, sibling, etc.) 6. Recent photos of you and your teammate (jpg format please) 7. Optional - a big plus if you can - ALSO SUBMIT a 1-2 minute video telling us why you would be great for the show! This is your chance to shine! Show us your personality and why you stand out among the rest. You can shoot this with the camera on your phone, don't worry about video quality - what's most important is that we see your personality! |
Thursday, August 21, 2014
Nick Cannon Confirms Separation From Mariah Carey
Nick Cannon and Mariah Carey are indeed separated, the Real Husbands of Hollywood star confirmed on Thursday. One day after reports surfaced that the couple of six years are headed for a split, Cannon tells The Insider that he and his wife have been living apart for some time.
"There is trouble in paradise," Cannon, 33, told The Insider of his marriage to the Grammy-winning pop diva. "We have been living in separate houses for a few months."
While Cannon wouldn't elaborate on the cause of their separation, he did dismiss the idea that his rumored infidelity was a factor. The actor/comedian/host also added, "my main focus is my kids."
Cannon and Carey tied the knot in a surprise ceremony in the Bahamas in 2008 after less than a month of dating. The couple have two children, twins Morroccan and Monroe.
Wednesday, August 20, 2014
Former Titans LB Tim Shaw 'overwhelmed' with support after revealing his ALS diagnosis
"It was very difficult to go public," Shaw said. "But it was made very clear to me that the time was right. I had waited for months, and needed to process it on my own and figure out what my message was going to be. Because if I had just come out right away, I wouldn't have known much about it. I wouldn't have known what I am really going to stand for against this in my life."
Following training camp practice on Wednesday, every Titans players and the coaching staff accepted that Ice Bucket Challenge, collectively dumping ice water over their heads as Shaw smiled while watching. He was then greeted with hugs and words of encouragement by many of his former teammates.
"I am overwhelmed just by the support," said Shaw, 30, a seven-year NFL veteran who played for the Titans from 2010-12. "It has been unbelievable. I have always loved attention, but not this kind of attention. I knew it was something that I needed to do. I knew it was something that would be beneficial, not for me, but for the cause.
"So, that's why I did it. It has been amazing support, an amazing response. The human race is so powerful in what we can do when we pull ourselves together and put our minds to something. It's really amazing."
Commonly referred to as Lou Gehrig's Disease, Amyotrophic Lateral Sclerosis (ALS) is a progressive neurodegenerative disease that affects nerve cells in the brain and spinal cord. There is no cure for the debilitating disease that often leads to paralysis and/or death.
According to the ALS Association website, it has received $31.5 million in donations as of Wednesday as a result of the Ice Bucket Challenge. That compares to $1.9 million raised during the same time period last year. Donations have come from existing donors and 637,527 new donors.
"It's an important cause," Titans coach Ken Whisenhunt said. "It's a terrible disease. I have a lot of respect for Tim. It's horrible that he has to go through this. But anything we can do to raise awareness for it, to help get a cure, that's important."
Shaw said he started feeling symptoms of the disease in late 2012 and early 2013. He was released by the Titans during training camp last year when the team made its final roster cut to 53 players. A 2007 fifth-round draft pick of the Panthers, he also played for the Jaguars (2008) and Bears (2009), before playing 48 games in three seasons with the Titans.
"It showed itself in my muscles," Shaw said of early ALS symptoms. "You could see my legs twitching, my muscles twitching. And it showed itself in weakness in my muscles, and it showed itself in loss of some athletic ability that I have always had. Those were the early signs."
Following the end of the 2012 season and leading to training camp in 2013, Shaw worked with Titans staff and doctors trying to find a cause for his ailments.
"While I was playing here, that whole 2013 offseason, the Titans' staff were analyzing me for different things and trying to figure out what sports injury I was suffering from and to just no avail," Shaw said. "I don't blame anyone. It's just something that you don't think about. There were tests done, and there were doctors seen. So, it just never crossed anyone's mind to go that direction."
Titans linebacker Derrick Morgan was Shaw's teammate all three seasons he played for the Titans. He said today it was difficult to see Shaw and what he was going through, but also expressed admiration for how Shaw is handling the disease.
"I have been praying for him ever since I found out," Morgan said. "Tim is such a good guy, so you hate to see somebody who's a good guy with a good heart going through something that harsh. It really hurts to see him, but his resolve has been very impressive.
"He is remaining positive and making the most out of his opportunity and his platforms that he has. We have to keep encouraging him, keep him in your prayers, and hopefully a miracle will happen and he will get healed."
Shaw said that he does not blame playing football and its physical nature as a factor in having ALS.
"I love the game of football," Shaw said. "From the time I first played it as a 12-year-old, this game was for me. No doubt about it in my mind, not a single regret. The game of football has given me so much. It's brought me so many different places and so many avenues and opportunities, I wouldn't take it back."
But Shaw said that the game of football at all levels needs to improve its approach when it comes to prevention, diagnosis and care for all kind of injuries, including those to the brain.
"I do think that we need to get smarter as we continue with this game," Shaw said. "I think we do need to learn more about what it is doing to our bodies and heads and things like that. I don't blame the game. I'm not a doctor. I don't know. People get this disease who never play football."
Shaw said that he is currently taking an approved drug to slow symptoms of the disease. He also meets with physicians every three months, but vows to continue to living life as he always has.
"It's the hardest thing I ever had to hear," Shaw said of learning he had ALS just a month after turning 30. "So, every thought runs through your mind. But as a man, you have a choice. What are you going to do? Are you going to stand up and fight for your life? Or are you going to accept what someone else tells you is reality and just fade away?
"And so, as staggering as that news was and as shocking as it is to hear and to say, I made that choice to stand up and live life to the fullest like I believe I always have."
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US mission to rescue hostages in Syria failed
Officials said the rescue mission was authorized after intelligence agencies believed they had identified the location inside Syria where the hostages were being held. But the several dozen special operations forces dropped by aircraft into Syria did not find them at that location and engaged in a firefight with Islamic State militants before departing.
"The U.S. government had what we believed was sufficient intelligence, and when the opportunity presented itself, the president authorized the Department of Defense to move aggressively to recover our citizens," said Lisa Monaco, Obama's top counterterrorism adviser, in a statement. "Unfortunately, that mission was ultimately not successful because the hostages were not present."
Officials disclosed the rescue operation a day after the militants released a video showing the beheading of Foley and threatened to kill a second hostage, Steven Sotloff, if U.S. airstrikes against the militants in Iraq continued.
Despite the militants' threats, the U.S. launched a new barrage of airstrikes against Islamic State targets in Syria Wednesday. The Obama administration did not rule out the prospect of a military operation in Syria to bring those responsible for Foley's death to justice.
The disclosure of the rescue mission marks the first time the U.S. has revealed that American military personnel have been on the ground in Syria since a bloody civil war there broke out more than three years ago. Obama has resisted calls to insert the U.S. military in the middle of Syria's war, a cautious approach his critics say has allowed the Islamic State to strengthen there and make gains across the border in Iraq.
A number of militants but no Americans were killed in the firefight in Syria. One American sustained a minor injury when an aircraft was hit, officials said.
"As we have said repeatedly, the United States government is committed to the safety and well-being of its citizens, particularly those suffering in captivity. In this case, we put the best of the United States military in harms' way to try and bring our citizens home," Pentagon spokesman Rear Adm. John Kirby said in a statement Wednesday night. "The United States government uses the full breadth of our military, intelligence and diplomatic capabilities to bring people home whenever we can. The United States will not tolerate the abduction of our people, and will work tirelessly to secure the safety of our citizens and to hold their captors accountable."
Administration officials would not say specifically when or where the operation took place, citing the need to protect operational details in order to preserve the ability to carry out future rescue missions. They did say that nearly every branch of the military was involved and that the special forces on the ground were supported from the air by fixed wing, rotary and surveillance aircraft.
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