Protesters denied access to attorneys, forced to march in leg shackles, ACLU charges

[ToxicVomit]

Protesters denied access to attorneys, forced to march in leg shackles, ACLU charges

Richard Myers
Colorado Indymedia
August 29, 2008

The videographer inquires at the police line, "why are we being contained?"

The policeman gestures upward with his automatic weapon as he responds, "you’re not, you can leave." *

But the detainees are surrounded by overwhelming force, and there is no escape. A similar question at a different point in the line will elicit a similar response. To any free spirit trapped behind the lines, the tone is mocking, dismissive. To the protesters, journalists, and legal observers, the message is clear: your government’s intent to control ideology is every bit as absolute as is its monopoly on force. As minutes pass into hours, the lesson becomes its own form of punishment.

In the streets of Denver, we have witnessed the systematic criminalization of any ideology that is not mainstream. If you dare to exercise free speech in the streets, then your government will make that the battleground between mainstream and "corrupting" ideas.

Political speech may be free when restricted to the realm of thought, but in this society, political speech is not free in the dimension of cost. Your "aberrant" ideology comes with a price which you will pay, personally. Via police phalanxes administering pepper spray and batons, via random, unprovoked arrests and the humiliation of detainees, the police force becomes the instrument of instruction: you are slaves to the system, and if you rebel, your dissidence will be punished.




Some will argue that the police were doing a necessarily brutal job, that it was important to exhibit overwhelming force in order to prevent anarchists from damaging property. This is property-above-people fetishism; it asserts that the broken heads of many innocent activists, journalists, and bystanders are preferable to the mere possibility of broken windows. (Someone who was involved with the planning sessions relates to me that there was never a plan to break windows…)

The standoff, in which the Denver police corralled an entire protest march into "pens" of heavily armored police lines reinforced by cavalry and armored vehicles, was broadcast to the world via the Denver Post’s streaming video, and by other means. Its significance will likely be debated for years to come. To those of us who were in one way or another involved, it reinforces the conviction that there is little difference between the two mainstream parties.

The mayor of Denver is a Democrat. The Governor of Colorado is a Democrat. This was a confrontation at the convention of Barak Obama’s party, and he cannot have been oblivious. His interest should have been felt personally. If Barak Obama was really one of the people, he would have dropped whatever he was doing Monday night and flown to Denver. The Barak of the people would have walked through the ranks of heavily armed soldiers, past the cadres of cossacks and the armored vehicles, and he would have offered some of his magical phrases to calm the jets on both sides. It is the dilemma of our society that in doing so, he would have dismissed any chance that he would take office next January. Even as he identified himself with the plight of the people in the street, he would have signified to the party that he was no longer mainstream.

As in Mao’s Hundred Flowers Campaign, the state allows you certain freedoms, then attempts to crush the spirit that animates such free thinking. Any deviance from mainstream acceptance is to be punished with political failure. But if you go too far, (i.e., take to the streets) then you face imprisonment, humiliation, beatings. Implicit in the message is the Orwellian concept that your government knows best; it is good for you to acknowledge this, even if the government must force you to such an understanding.

* The words are verbatim from Aaron Cantrell’s video

http://colorado.indymedia.org/node/1101

[SkullyHB]

I'm sure this guy did great in his creative writing class - perhaps he should try a journalism class some day. He sounds bitter.

And what does the title have to do with the article? It never says.

[ToxicVomit]

I'm sure this guy did great in his creative writing class - perhaps he should try a journalism class some day. He sounds bitter.

And what does the title have to do with the article? It never says.

He does sound bitter, but I believe rightfully so. I posted some video in the blog section, check it out if you like.

The title is playing on how the protesters were "free" to go and keep moving, but were still basically surounded by police with batons and tazers being guided along.

[SkullyHB]

He does sound bitter, but I believe rightfully so. I posted some video in the blog section, check it out if you like.

The title is playing on how the protesters were "free" to go and keep moving, but were still basically surounded by police with batons and tazers being guided along.

But the title is 'Protesters denied access to attorneys, forced to march in leg shackles, ACLU charges'. Being surrounded by police is not the same as being denied access to attorneys, or wearing leg shackles. If in fact that happened, he never mentions it. 'Playing' on themes rather than reporting on facts discredits the writer, and makes any point he was trying to make unbelievable. And these are the same people who probably accuse the media of 'sensational' jorunalism. They make mainstream media look so much more legitimate by comparison.

I haven't seen the video and probably won't. I don't like having to watch video when there is an accompanying article. If the video presents something different, it shouldn't be paired with the article.

[ToxicVomit]

My fault......I left this part out: (and this one actually reports on one who did have to wear shackles in court)


Protesters denied access to attorneys, forced to march in leg shackles, ACLU charges
Saturday, August 30th, 2008

By John Byrne | The ACLU issued a stinging rebuke to the Denver Police Department Wednesday, alleging that the department may have violated laws and constitutional rights of protesters arrested outside the Democratic National Convention.

In the letter, obtained by RAW STORY, the ACLU revealed that the police refused those arrested access to attorneys. Police did not let detainees use phones unless they posted their own bonds, and even failed to provide shoes, in one case marching a protester into court in bare feet and leg shackles, according the ACLU.

What’s more, police are said to have tricked protesters into pleading guilty, by giving them the impression they had to plead guilty in order to post bond. This meant that no one was allowed to make a phone call unless they plead guilty, thus making it impossible for arrestees to even call a lawyer until admitting guilt.

Most ominously, the ACLU letter claims that protesters were told they would be “facing ‘years’ in jail for a conviction of a single particular charge.”

“In fact, all the charges were municipal court violations that do not carry such penalties,” the ACLU added in a footnote.

Charges for arrestees were issued on pre-printed forms, where police were told to “cross out” charges that they were not facing. In many cases, police failed to cross out inappropriate charges, and so the detainee would be charged with “begging, loitering and throwing stones and missiles,” the ACLU said.

Nor were protesters even given the chance to back down before they were arrested.

“It is not clear whether any order to disperse was given. No Legal Observer [sic], witness or arrestee on the scene we’ve debriefed heard any order to disperse,” wrote Taylor Pendergrass, a staff attorney for the ACLU of Colorado. “Numerous persons, including Legal Observers, asked to be able to leave the blockaded area and were refused.”

“After the arrests, attorneys from the People’s Law Project and the ACLU arrived at the [Temporary Arrestee Processing Site to conduct confidential attorney-client consultations," Pendergrass continued. "The City refused to provide any access to allow these persons to meet with attorneys."

Perhaps the most outrageous charge, however, is that one protester was forced to march barefoot into court in leg shackles.

"Arrestees were kept barefoot at [the detention center],” Pendergrass wrote. “I personally saw one such arrestee later at the City and County Building. I saw her marched from the elevator to the courtroom in bare feet and leg shackles. I saw her appear in bare feet and leg shackles.”

“Some arrestees who could not make their own bond spent 6, 7, 8, or more hours waiting at TAPS before being transferred to court,” he added.

Pendergrass also elaborates on the detainees being kept from being able to talk to a lawyer. The only opportunity lawyers had to speak with those arrested was in front of the jury gallery or in open court in front of the judge.

“The only access we were given to those clients was to whisper,” he wrote.

Among the seemingly more minor complaints, Pendergrass also notes that many detainees weren’t able to eat because they were vegetarian or vegan and the city mostly provided meat-based food.

In addition, he said that the city was well aware that the ACLU and other groups had arranged for attorneys to be present. “Attorneys were at the court from 11 pm on the night of Aug. 25, 2008 and were staying until each and every arrestee came to the City and County Building.”

In conclusion, the ACLU demands the City permit attorney access at the detention facility; provide blankets, shoes and slippers; allow phone calls immediately upon entering the facility; permit detainees to use restrooms individually and privately; and permit confidential attorney-client consultations in the City and County Building.

Last week, New York City agreed to pay $2 million to settle a lawsuit claiming 52 Iraq war activists were unjustly arrested.

The activists were arrested in April 2003 outside the Manhattan offices of a military contractor, the Carlyle Group.

Lawyers for the activists charged that the tactics used by police at the demonstration were similar to those used a year later when hundreds of activists were arrested during the 2004 Republican National Convention at Madison Square Garden.

The city of New York and police department faced backlash after the convention, with critics claiming the aggressive response showed a blatant disregard for the demonstrators’ civil rights.

PDF OF FULL ACLU LETTER CAN BE READ AT THIS LINK http://rawstory.com/images/other/aclu82708.pdf

http://rinf.com/alt-news/activism/protesters-denied-access-to-attorneys-forced-to-march-in-leg-shackles-aclu-charges/4490/

[SkullyHB]

My fault......I left this part out: (and this one actually reports on one who did have to wear shackles in court)

That was a pretty big omission - thanks for correcting it.

[ToxicVomit]

That was a pretty big omission - thanks for correcting it.

It was a separate article on a separate page - I was looking at different sources and happened to use the wrong one...........OOPS!!!

[xdipsomaniacx]

Alright Toxic, before I go searching, are you posting any articles on the arrests and raids currently happening on protesters and videographers in MPLS & St Paul right now due to the RNC?

[ToxicVomit]

Alright Toxic, before I go searching, are you posting any articles on the arrests and raids currently happening on protesters and videographers in MPLS & St Paul right now due to the RNC?

I haven't yet......I came across a few, but have not posted any yet...

[SkullyHB]

Alright Toxic, before I go searching, are you posting any articles on the arrests and raids currently happening on protesters and videographers in MPLS & St Paul right now due to the RNC?

Apparently they aren't even waiting for the protesters to show up before arresting them in St. Paul:

Police target protesters at RNC convention (http://www.msnbc.msn.com/id/26471627/)

[ToxicVomit]

Apparently they aren't even waiting for the protesters to show up before arresting them in St. Paul:

Police target protesters at RNC convention (http://www.msnbc.msn.com/id/26471627/)

"Four people were arrested at two Minneapolis homes and booked on probable cause of conspiracy to commit a riot"

Guilty before you can be proven innocent.....same old story. People being arrested before a most-likely peaceful protest so they are silenced prior to the event:

I believe that the happenings of the DNC and the RNC will be a great example of a possible up and coming police state.

[SkullyHB]

"Four people were arrested at two Minneapolis homes and booked on probable cause of conspiracy to commit a riot"

Guilty before you can be proven innocent.....same old story. People being arrested before a most-likely peaceful protest so they are silenced prior to the event:

I believe that the happenings of the DNC and the RNC will be a great example of a possible up and coming police state.

Or, it could be over zelous police departments who are willing to bend the rules in order to avoid the embarassment of not being able to stop the kind of violent protests that often accompany political conventions, particularly when the country is so strongly divided. Cops everywhere have a long history of arresting people on charges that cannot possilby be prosecuted once it goes to court - it has the short term benefit of getting people off the streets, even if they're guaranteed to be released.

I wouldn't worry about a 'police state' just yet. Police aren't that bright.

[ToxicVomit]

Alright Toxic, before I go searching, are you posting any articles on the arrests and raids currently happening on protesters and videographers in MPLS & St Paul right now due to the RNC?

Actually, I forgot that I posted this blog earlier today (It has a video):

Police Seize Journalists Notes About RNC Protest Plans

[ToxicVomit]

Or, it could be over zelous police departments who are willing to bend the rules in order to avoid the embarassment of not being able to stop the kind of violent protests that often accompany political conventions, particularly when the country is so strongly divided. Cops everywhere have a long history of arresting people on charges that cannot possilby be prosecuted once it goes to court - it has the short term benefit of getting people off the streets, even if they're guaranteed to be released.

I wouldn't worry about a 'police state' just yet. Police aren't that bright.

Of course police aren't that bright.....they follow orders regardless of constitutional interruption, which is what is counted on for them to follow orders in this manner in a more extreme form without question (at least many of them).

[SkullyHB]

Of course police aren't that bright.....they follow orders regardless of constitutional interruption, which is what is counted on for them to follow orders in this manner in a more extreme form without question (at least many of them).

So if this is part of the plan of a police state imposed by the same organizations that control the mainstream media, why did they publish the article?

[jonhomeowner]

I can't take the original article seriously as they couldn't even be bothered to correctly spell Obama's first name.

How hard is it to check that out?

[ToxicVomit]

So if this is part of the plan of a police state imposed by the same organizations that control the mainstream media, why did they publish the article?

I didn't say it was part of any plan, I said that it is a good example of an up and coming police state.......in other words, this extreme policing could become common if a polic state does eventually come into play.

The DNC and the RNC is being covered by so much media, including independent media, that it would be more difficult to deny these actions. This has been done already to reporters themselves - see my blog (even though you don't like seeing an article with an attached video).

[xdipsomaniacx]

Apparently they aren't even waiting for the protesters to show up before arresting them in St. Paul:

Police target protesters at RNC convention (http://www.msnbc.msn.com/id/26471627/)

Yeah, I know a lot of people that are afraid to even go out of the house this weekend. 5 houses were reported raided yesterday where they seized tacks, tires and paint cans from the garages. Apparently, those are tools for a riot? They also seized the property of some videographers that are known for taping police brutality. They were walking from a bus stop to a house and they were stopped first for burglary, then for walking in the rail yard, which is a threat to homeland security. They weren't arrested or ticketed, but their computers and cell phones were seized. That is most likely how they got the names and addresses of the protesters houses that they raided.