Static on the Line?

Static Phone Line


Yesterday, I received a phone call from a Fresno County Sheriff’s Deputy.

The stated purpose of the call was to follow up on whether or not I am a threat about which the Sheriff’s Department should be concerned. The unstated purpose appeared to be “evidence gathering.”

For what, I don’t know. I would have thought my “Overlords” post would have clarified to anyone who misread the post that started this mess that I am not a threat. At least, it would have clarified it as well as anything I could say during the phone call would.

What concerns me is that, once law enforcement sets their minds to a particular conclusion, nothing — no evidence, no personal statement, no historical data — seems to have much of an impact. What constitutes “investigation” and “follow up” too often is: “I came up with this idea, and then I kept looking for something to prove I was right.”

I want to keep this as short as possible — a man whose judgment I trust more than my own has suggested 500 words or less — so let me get right to the point:

I did not threaten anyone. However much some may wish to interpret my words to mean something different than I meant them when I wrote them, that wish, and your interpretation, does not inform my intent.

Furthermore, I am not currently, nor do I plan to become, a threat to anyone, if by “threat” one means “intending to inflict evil, injury, or damage” in any way that would be illegal in the State of California, or under federal law.

Nor do I intend to encourage anyone else to become a threat to anyone, using that same definition.

No interpretation of the words that I wrote is contrary to what I just said in the block-quote above, unless you add something that I did not include.

If you believe differently, then you are mistaken. One of the unfortunate things about blog-writing is that, to keep things short, you can’t always include all the detailed background to your statements that you might wish. My views on our society, how it does law, who administers the law and how, and whether or not we achieve our stated goals, among other things, are nuanced; they are not black-and-white. I am also a colorful and often deliberately provocative writer. But what I wrote the other day did not say – because I did not intend it to say — that anyone should physically harm any law enforcement officer, or anyone else. 

It is perhaps unfortunate that in the same post, I wrote that gang members should stop fighting and killing each other and should fight (but, notably, not “kill”) those who keep them down. It is also unfortunate that English readers no longer understand the use of the subjunctive “if.”

Since my “Overlords” post was apparently not clear enough, I tried to make this clear during yesterday’s phone call.

Hopefully, there was no static on the line.


Reasonable Doubt & The Word of a Police Officer

Corruption


This post is going to be hard to understand if you are a black-and-white thinker. In fact, it’s so difficult for many who visit this blog to understand that I’m going to start with the disclaimer that I often use when discussing police officers and honesty:

Not all police officers are bad. Not all police officers lie. Not all police officers plant weapons, drugs, or other evidence. Not all police officers ignore the rights of citizens. Not all police officers “bend,” or ignore, our laws. Not all police officers will give someone a tune-up for speaking their mind.

Police officers are human beings. Admittedly, there is a police culture that has shifted in a way that lying and planting drugs and ignoring rights and laws has become common. But because police officers have to be selected from the same species as the rest of humanity, there will always be officers who honestly try to do the best jobs they can possibly do, in the most ethical and law-abiding way.

The problem, of course, is that these days you just can’t tell, by looking at a particular law enforcement officer, whether a particular law enforcement officer is one of those who is being honest, or whether he is one who will lie (especially in court), or plant evidence, or ignore rights, or follow the law.

Therein lies the problem.  [Read more...]


Because They Can

Lie Detector


An article in yesterday’s New York Times caught my attention.

It wasn’t so much because of the topic: the pervasiveness of police officers who lie. I’ve written about that a number of times myself, most notably in my blog article, “Testilying.”

No, it was something else. I’ve always thought that I knew just how bad things are when it comes to the police, but last week I had an opportunity to observe a police encounter up close in a poor neighborhood where I’m pretty sure I may have been the only white person for at least anywhere within easy walking distance. (Even the officer was Hispanic.)

And things are way worse than I thought.

[Read more...]


To Serve & To Protect

Protect, Shoot


Once upon a time, Americans actually valued life. Hell, we even valued liberty. And the purfoot of happyness.

Legally, that’s still true; in practice, not so much.

[Read more...]


A New Kind of System

Angry Officers


Scott Greenfield may not be blogging anymore, but he’s still a good resource for keeping up with things.1

“If you or I did that to somebody on the outside, you’d be sitting in jail talking to (an attorney)” Arcesi said.

But, as I mentioned in yesterday’s post, those responsible for enforcing our laws take a different approach when it comes to their own behaviors.  [Read more...]


Endnotes:
  1. Yes, the original tweet came from Radley Balko, who I also follow, but I wouldn’t have seen it without Scott’s tweet. []

The Pain of Knowing

Making sausage


Last night, after a conversation with another attorney about politics, the direction the country is taking, and how the attitudes developing drive law enforcement and the distortions we see in the criminal “justice” system, I published a blog post.

Don’t look for it: I’ve de-published it.

The post was a wonderfully fulfilling piece of venting.

I woke several times in the night, however, thinking about it and considering that it might not be what I wanted for my blog.

What I want for my blog is to use it to explain and to show that what is happening in the world of criminal “justice” is not at all what you — and I’m hoping by “you” that I’m targeting ordinary people; not just attorneys; not just the choir — really want.

[Read more...]


Why Veterans Exist

Soldier salutes graves


These days, I have a hard time blogging. For the most part, it seems a pointless exercise — at least, it seems pointless to do the kind of blogging that changes minds and convinces people that we really do need to examine our lives, our attitudes, and our public policy, to understand how we might return to being the great nation we once were — and now only fool ourselves into thinking we still are.

Oh, sure, we’re still a strong country, if strength is measured by how many of our people can kill multiples of someone else’s people before a few of ours must die.

But our kids — and let’s remember, most of our soldiers dying are our kids — didn’t enlist in an effort to show the rest of the world who the real bad assholes badasses of the world are.

At least, I hope that’s not why we have veterans.

[Read more...]


If Your Only Tool Is A Hammer

Horsemint


There’s an old saying:

It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.

The quote is attributed to Abraham Maslow and I have neither a reason to doubt that, nor consider it important enough to look up.

I don’t know if it’s original with him, but, not to be outdone, San Francisco writer, speaker and broadcaster Merlin Mann, recently tweeted:

When your only tool is a hammer, every problem looks like a reason to buy a way nicer hammer.

Both statements have applicability to the rather funny story — which also highlights a problem — that I write about today.

[Read more...]


The Gates of Hell


Today’s San Francisco Chronicle, in a story titled “Gates 911 tape raises more issues in case,” is important because it mentions — and I’d like to highlight — something that happens every day.

And no, it’s not that the police are prejudiced and immediately suspect, stop and harass African-American males for being in the wrong place, any time.

[Read more...]


Absence of Law


I have a difficult time these days referring to myself as a defense lawyer. It’s not because of the usual negativity that one encounters as a defense attorney. Many people on hearing that someone is a criminal defense lawyer will have an automatic negative reaction and ask “how can you defend criminals?” I’m used to that. (Forget the fact that a large number of people charged with crimes in Fresno are actually not guilty.)

No, the problem is my ongoing encounter with law enforcement officials and judges who literally do not care what the law is. They’ve made a decision about what they think should happen with a particular defendant and — by God! — they’re not going to let the facts or the law stand in their way.

Makes it easier to understand how it’s possible for a police officer to believe that making a woman strip and submit to a body cavity search on a busy roadway is a legitimate exercise of his power. But I digress…

[Read more...]