OFFICER FRIENDLY TO G.I. JOE! (CNN): FERGESON, MISSOURI, MICHAEL BROWN SLAYING; COMMENTS, LEGAL OVERVIEW, HOPED FOR OUTCOME--WITH THE WORLD WATCHING THE CONFLICT RESOLUTION OVER RACE, HAS LASTING IMPLICATIONS THAT APPLY TO THE ISRAELI, PALISTINIAN CONFLICT, WITH HAMAS WEIGHING IN, ISIS IN IRAQ AND SYRIA, PRO-RUSSIAN INSURGENTS ON EASTERN BORDER OF THE UKRAINE, AND OTHER HOT CONFLICT AREAS AROUND THE WORLD--ENGINEERING A PEACEFUL RESOLUTION TO RACIAL CONFLICTS OF ALL KINDS, UP TO AN INCLUDING THOSE BASED ON RELIGIOUS BELIEFS, CAN THE FIRST AMENDMENT TAKE THE HEAT--MY BET IT CAN!

Totality of the Circumstances in Fergeson--Racial Distrust

I am sitting at the University of Las Vegas Law School, 3rd Floor Library, on a school computer, giving me barely 90 minutes per session, having left my personal computer in Montana, almost a month ago, thus the lack of blog entries and postings--this, however, is an issue, I would be amiss to dismiss or fail to address . . . their are too many issues I feel strongly about, and might be able to shed some, somewhat educated light on, having formerly been, staff attorney for the Utah Prosecution Council, in the Criminal Enforcement Division of the Utah Attorney Generals Office, switching sides, being a constitutional law attorney, having not only done criminal defense work, but also done civil litigation, with civil rights, 1983 actions, not only against the state of Utah, Department of Commerce, Division of Securities, and state officials acting in their official capacities, under color of law, for violating federal and constitutionally protected civil rights, while working for the state, in addition to suing Iron County, Utah, narcotics task force, police, sheriffs, the county attorney, and the Division of Child and Family Services, for like civil rights violations, perpetrated by local and state officials, in their official capacities, while working allegedly under color of law . . . or with the force of law behind them; therefore, having somewhat of a bird's eye view, having worked on both sides of the fence!

They Say, The Most Powerful Person in the World is a Turn-Coat

Case in point, Edward Snowden, ratting out the NSA, as one of their own agents, privy to the programs, methods, and violations of constitutional rights . . . I fall into that same category with prosecutors, cops, and even judges, not lacking in credentials, up to an including a bar membership in the United States Supreme Court bar . . . character assassinations aside, they have done little to stop me from voicing my opinions and power punching cops and prosecutors of all levels, in addition to clocking a few judges on my way to the top of the legal world.  So, for what it is worth, here are a few of my comments and observations on the Fergeson, murder of Michael Brown and tangentially connected issues . . .

Smart Move on Gov. Jay Nixon's Part, Appointing Officer Ron Johnson, Home Town Boy

I have been totally impressed with Highway Patrol Officer, Ron Johnson, who has reached out to a grieving community, walked with those who morn, cried, not afraid to admit sorrow, sadness, apologize, and do all that he can in a professional, humanitarian, kind, rational, and sympathetic way, yet as manly as you can get, strong presence, voice, stature, command and willingness to work with the protestors and cops alike . . . someone who can stand as a role model for cops, nationwide.   

There are multiple levels of cops, agencies, and levels involved in this conflict, shooting, involving a white police officer and a black teen, with an already frustrated and mistrusting community, if not the state, other states, cities nationwide and the world watching . . . I think it wise to take the local police chief, who is too close to the situation out of the equation, as well as the county sheriff's department.  Many don't know that the highway patrol are state cops, police, are city, and sheriffs are county . . . FBI, of course is federal.

Often, there are jurisdictional issues, resentment from local and state law enforcement, when the federal agents step into the situation, with the state highway patrol, being, in my mind, the least conflicting, on those turf issues, with all the law enforcement agencies involved, and perhaps the least interested on an agency basis, having more to do with statewide issues, highways, protection of state officials, and working with state issues.  That is just my personal opinion . . . so a great move jurisdictionally, racially, professionally, locally, bringing in someone who knows many of the local leaders in this crisis and community.

I was most impressed with Officer Ron Johnson, when he said that after the church meeting yesterday, that he would go see if black son, who wore his pants baggy, baseball hat to the side, with tatoos, relaying to the parents, not only of Michael Brown, but those living with teens themselves, who are struggling with the anger, the aggression, the youthful invisibility, of teens who were not only Michael's friends, grieving his death, but worried about their own chances of survival with the deaths of Trayvon Martin, Sean Bell, Davis, Gardner, and another black teen shot after he and friends, were ordered off the BART subway system in San Francisco, to get up against a wall, when one youth demanded his rights, and he was wrestled to the ground, man-handled, cuffed, and then shot execution style, in front of his five friends, who were questioned after someone merely called in about a disturbance on the train . . . the four burly officers just assumed it must be this group of young black boys!

Remember What These Deaths Have Been the Result of . . .

Martin . . . walking home from the store, with all rights, privileges, property, and self defense, who thought Zimmerman was a sexual predator following him home!  Gardner, chocked to death for selling unwrapped, single cigarettes!  Subway youth for asking or even demanding his rights to be questioned . . . what happened to probable cause, my point, I guess their blackness was the PC that led the officers to believe they had been the ones who committed the disturbance!  And now, Officer Friendly, Wilson, going for broke after Michael and his friend didn't immediately get off the street, when ordered to!  Some of us, actually were watching from the first minutes after this murder was witnessed, while the eye witnesses, who not only pulled their cars over, stopped in their apartments, but took videos of the incident, being so out of the ordinary, during broad daylight, on a Saturday afternoon!

I don't care if Michael had robbed the convenience store, or had traces of marijuana in his toxicology report from the state medical examiner . . . in our system, he could have left a dead body in the store, and he is still entitled to due process and equal protection of the law!  Nothing justified the shooting, not attitude, not even walking toward him . . . which is not what any of the first hand witnesses said!  Nine days later, through a leak, by the officer's friend, it is coming out, that Michael "bum rushed" the officer, who was sitting in his cop car, with a gun for god sake!  Get real . . . in fear of his life?  A gun, is the ultimate equalizer, between men of differing sizes, men and women, cops and alleged assailants!  In fear of eminent danger, when you are protected by a squad car, with a gun in your holster?  REALLY?

What the hell are you doing being a cop?

By All Means . . . Dismiss the Prosecutor, Often Seen as Hired Gun of the Cops

One of the biggest complaints I have of prosecutors, is they are letting the tail wag the dog!  Too often, the cops will come to the prosecutor, and strong arm them into taking a case, when the prosecutor's job is to be the gateway to justice, not find a way to substantiate anything the cops tell them is a crime!  The prosecutor has gone to four years of college, in any field, and then to an additional 4 years of college to get to the point of understanding the law . . . while there are many officers with college degrees, in criminal justice, there are just as many with little training at all, and that is sad.  However, I have personally offered law enforcement agencies, free of charge, legal training on constitutional issues, that they often become tangled with in times of arrest, serving warrants, searching vehicles and homes . . . etc.

Many don't know, that most judges, come up through the ranks and files of the prosecutor offices, and there is nothing wrong with that; however, from being on both sides of the criminal justice system, there is a saying, and it is also in the defense attorneys' bible . . . you have prosecutor number one, the prosecutor, and prosecutor number two, the judge!  There is a certain mentality that goes with prosecutors and defense attorneys, and I am not sure that is good!  The prosecutors tend to wear their golf shirts and dockers to conferences, have an arrogant attitude, as if they have never done any wrong, and their shit doesn't stink . . . defense attorneys, wear shorts, flip flops, and Hawaiin shirts, and swear, much like I do.

Prosecutors have all the levels of cop agencies, plus the judge on their side, if you want to know the truth, and the defense attorneys, stand alone, armed only with the U.S. and state Constitutions, to protect their clients, and I have had jury instructions go from 9 the night before trial, to 23, throwing out not only the Constitutional protections of my client, but mine, or his own defense attorney's arguments, with unseen prosecutors, working on jury instructions, from behind the scenes, while the prosecutor I am in court with, and the judge, are with me, so who in the hell had time to write me and the Constitution out of the jury instructions . . . the 4 other prosecutors who are watching the trial from short circuit TV?

I have also had the county attorney, who has been recused from the case, even show up at a 1 a.m., not 1 p.m., jury deliberation, looking over the members, implying, you are next, if you dare let JoAnn win!  I have also had the press, point blank, while interviewing me on a hot case, being told by the prosecutor, if JoAnn wins, you can't publish it in the newspaper!  So hell, yes, get rid of the fucking prosecutor . . . who had a father, who was shot as a cop, who mentions his father at times, and failed to find anyone, cops, guilty of the killing of two black men in the community.  Even though the prosecutor has been elected, and around since 1991, doesn't mean he has been the gateway to justice, he may have run unopposed, people generally, don't know the prosecutor, or they fear, they may get someone worse!

Militarization of Cops & Protestors . . . Motives?

Militarization of the cops, a police state, armed with M-Raps, BearCats, riot gear, tear gas, etc., don't belong on the streets of America!  This is all Patriot Act, bull shit . . . many of said, of the trouble makers in the crowd of peaceful protestors, that they are outsiders, coming in from other states, or are they paid by the cops, or supporters of totalitarian governments, police states, tyranny, oppression, facism?  In both Israel, and the Ukraine, the trouble makers, those breaking the rules, shooting down planes, ignoring peace or times when both sides of agreed not to shoot, or no strike zones, or times, there have been members, who have stirred up trouble, but seem to be, not associated with either side, just causing trouble . . . remember, there is money to be made, Haliburton to get paid, government contractors, military complexes with interests in all of this, keeping the battle going!

There is a figure or a protestor, CNN often shows at the beginning of a parade, with a black shirt, that says, God before Money!  We are One Nation Under God . . . we need to focus on resolving the issues, with UNITY, LOVE, AND FREEDOM IN MIND!  Cops, as are attorneys, power hungry, and power driven, so a police state, tyranny, militarization, only feeds the egos of law enforcement, who literally freak out, when a jay walker, doesn't immediately hop to, and obey his command to get out of the street!  Is this really what we want in law enforcement?  Do we want to give them more power than they already have?  It is a sad day for law enforcement, peace officers, and their counterparts, of all levels, when people are more afraid of them, than the criminals, these public servants are hired to protect the citizens from . . . I am white, female, and I never, ever, think about a rapist, murderer, an assault, sexual assault, because, as a constitutional law attorney, who has sued cops, prosecutors and gone up against judges, all legally, constitutionally, and lawfully, it is the cops, who terrify me, why?  Because, they have the legal power, abused generally, to make my life a living hell . . . and they have.