Ding-Dong, the Witch is Dead . . . Oh, Hell, She Is!
Of course, in a post-script, last blog, before, I got the flu, thinking I will never get sick, and couldn't write for two days, I reported that after Google, the NSA, the Mormons, or sister/fake attorney, computer hackers, shut my blog down a week or so ago, after splitting, burying, dividing, and taking the money and running, that my numbers were back up, as of the other day, at about 1.6 million per 35 seconds, now that is roughly, 3 million hits or results, per minute, times 60 seconds to a minute, and 60 minutes to an hour, times 24 hours in a day, not too bad for this little bad ass con law chick and her blogs! Anyway, the world is reading it, no matter, how the cookie crumbles, or how the pie is divided, and they will be all the better for it.
I am not alone in my disdain for the bull shit that is cropping up all over the criminal justice system, if you still want to call it that, I would call it the arbitrary and capricious, a huge standard of review, for taking a case up on appeal, bull shit standards, that never, never, never, apply the same standards to cops, that they do to other people, and give them a vacation, while allegedly on administrative leave, while their buddies in internal affairs, or a county attorney, who is basically considered, the hired gun for the cops, now days, determine, whether to charge a cop for shooting a citizen or not, never, when the tail wags the dog, rather than the other way around, the guy with the law license, used to calls the shots, not any more, in this police state, we call America, while desecrating, all the sacred rights and protections, this country, and the United States Constitution was founded on, the Patriot Act allows the cops, to write their own warrants, search your house while you are not home, and shot to kill, if they want, without charges, as well documented and protested against, in the recent months, while shootings in Montana have almost double, in that same time period!
George Will's, Great Article, Well Researched, Well Written!
You have to remember that George Will is a nationally syndicated news journalist or columnist, with a staff of researchers, and gets paid to run his articles, in newspapers all over the United States, and may be other countries, I am an attorney, hack, without a staff, no research, comes right off this little, while trained, brain of mine with little research, but a hell of experience in dealing with cops, prosecutors and judges, watching the system I love, go down hill in a hand basket. I could not have written, or covered, nor supported, a better article myself, and I hope, that every person, in this country, and abroad, who longs for freedom and rights in their own country, reads, Will's article . . . locally, in the Montana Standard, not a standard article at all, on page 4A, the OPINION section, Wednesday, 14, 2015, called Questions for a nominee highlight festering problems. I think I could have come up with a more related title, but, none the less the content in excellent, to absolutely wonderful.
Some of the topics, the columnist covered, worth noting, not exhaustive, because I don't have a copy of the article, too lazy, or sick to go downstairs and remind myself, but I will attempt from memory, to give you an idea of what types of research and discussion was covered, that should be a concern to every person, and it looks, like by the title of the article, it is addressed to future, presidential candidates, who are considering a run at the White House, since, it is not, 2015, it is 2016, at the race is on!
- the erosion or the basic rights and protections, listed in the Bill of Rights, United States Constitution, protecting citizens, dual rights, covered under federal and state, constitutions and statutes, of life, liberty and property, if not happiness! Under the fucking Patriot Act, life is cheap, unless your in the right circles, and a covered agency, or related to someone in the cops world!
- he covers racial profiling, or the disproportions of blacks and Hispanics, incarcerated, in this country . . . tough calls, when the whole population is black hair, brown eyes, in both! Hitler rules, in the ranks and files of police and sheriff departments, that are overly represented by the white, Aryan nation, dudes, who pick up any person of color, target them, suspect them, stop, frisk, detain, arrest and jail, because of the color of their skin! I guess in Montana, where there are few blacks, they are trying to prove, see, we can get away with shooting whites too!
- comparisons, with American incarceration rates, compared to other developed, or wealthy countries, members of the G8 or G7, with sanctions against Russia, bumping them out of the ranking, but we are 10 to 14 times, other countries, considered in our class of countries! That is a pretty sad statement or pathetic set of facts! I am constantly shocked, at the levels of jail time, connected with crimes that are better handled, like they used to be, like, license, registration, insurance, that used to be fix it tickets, that with, license plate scanning, has become big business for cops shops, and for jails, at $1,000 for bail, $500 to $800 for impounding the vehicles, and jail time, one southern Utah county, Washington, raked in $1.8 million, just for scanning . . . and anyone wonders while my car was blown up with a pipe bomb, two years ago, after I tried to stop the Utah Legislature from purchasing new scanners, that could violate drivers 4th amendment rights to protections from unreasonable searches and seizures, based on probable cause, knowing fucking well, that your registration or insurance is lapsed, rather than depending on some lame ass piece of equipment, that I have found, on four clients, the gap in both, were from human error, computer error, and a glitch in some system, no fault of the drive, who is now out of a job, money, time, and whatever!
- the writer goes on to bring up civil forfeiture, a subject, near and dear to my heart, since, I started the ball rolling to kill, cop and prosecutor's legislation, in Utah, spreading to 27 other states, who voted to take away, cop incentives, for as Will puts it, good and plan, is nothing other than highway robbery, theft, and stealing property of citizens, with fucking no rights to protect that property, no due process, nor equal protection! These cleaver bastards that came up with the terminology, civil forfeiture, do so, because we have two legal systems in America, one is civil and the other is criminal. It is in the criminal arena, that the constitutional rights, kick in, so, let's just call it civil, so we don't have to deal with that pesky United States Constitution, protecting citizens, from cop theft, and we can have our way with them and their property, and we can steal what we want, and then sell the rest of it, as cop surplus, and keep the money, rather than the worthless property, we don't want! They justify, doing more, under the mask of civil forfeiture, because they can get away with more, call a warrant or subpoena, an administrative subpoena, and we can go in, violate rights a will, just like they did with the doctors, and the financial planners, but used the threat of criminal charges,without, invoking, in their minds, constitutional rights and protections, that would save liberty and property of the professions, just as targeted as the alleged drug dealers!
- he criticizes, drug interdiction programs, that have never, never, never work, just made, law enforcement, a law unto themselves . . . Nancy Reagan's, Just Say "NO" to drugs, has proven to be the most effective deterrent to drug use . . . drug interdiction programs, have just become a game between the cops and the drug dealers, ending them up on the same side, because there is so much money involved, enough for the alleged good cops and the bad drug dealers . . . a cut please, or we will run it across the borders, and you give us a cut! All the militarized vehicles and that shit, that was allegedly give by grants from the feds, comes from drug money, so the locals and state cops will work for the feds. In Utah, I killed asset or civil forfeiture, back in 1997 and 1999, but, the incentives continued to roll, not to the state school fund, where they were suppose to go, but they, the cleaver, cleaver, as a toilet leaver, cops, launder the money, up through the feds, and down through, the FBI Youth Program, or someway, to circumvent, ever getting to the attention of the state auditor, for accountability, and disbursement to the legislative dictates, less that one cent has gone where the money should go, and you can't tell me that there have been no forfeitures! I used to know, entities, who claimed credit for what I did--who tracked the forfeiture, having worked on it after I did, but since I disappeared for 9 years, while all my work was attributed to other sources, just like this blog, and cases, water compacts, and legislative aid, like the expungment work will go to them, the lame brain chicks, with tit and who are easy scores, for the cops! Whatever . . . blah, blah, blah, you know the drill!
- read the article, you can't be an involved citizenry, without reading the newspaper, digesting what is said, and doing something, like call you local mayor, police chief, sheriff, county attorney, county commissioner, governor, attorney general, legislature, and do something about this before, we have not rights left, and we are all incarcerated! And I am not kidding!
Missoula Cop Shoots Citizen to Show Off for Wife & Son!
One of the last times, I was chased out of Missoula, was when, I stepped into a hotly contested or hard fought, battle between the sheriffs department, who had just been sued by several members of the police department, and had just won, with the winner of the lawsuit, which sounds very suspicious to me, but, whatever, if the city doesn't care, that $60,000 from the lawsuit, $45,000 going into to the campaign, which I believe was settled by the country commission, with a member of the commission, showing up at the kick off of one of the cops involved in the lawsuit, now running for sheriff, a million ways to launder money for campaigns these days, not knowing any of this was going on, and backing an undersheriff, for sheriff, because I read a great letter to the editor, about the man, Josh Clark, I think, if I remember, a good man, and someone who stands by his oath of office, to preserve, protect and defend the U.S. Constitution, a sure winner, in my book, with those attributes getting rarer and rarer now days, as seen in the new crew, who took their wives, son, on a ride along as a symbolic frolic, on probably the biggest drinking night of the year, and dangerous, at best, other than being in Butte, on St. Paddy's Day! This was to be the last time, Officer, Tony Rio, was to ride this beat, as I recall . . . the bad thing about law school, is you have to skim read to get through 200 pages or so a day, in text books, therefore, you learn to skim, and sometimes, I miss the details, but here is my version of what happened, and my legal analysis!
CONCEPTUAL FRAMEWORK & FOUNDATION FOR THE SHOOTING
I read the articles, and also saw, Undersheriff Johnson, one of the benefactors of the lawsuit, talk about the incident of the shooting, on New Years Eve, 2014, when the shooting occurred. There were actually two cops, who took their wives along on a ride along, one, also had his son, with cops, as I have done myself, but for a damn good reason, to write the cop portion of the manual, I got an award from President Clinton, Domestic Violence 101 . . . a national model on domestic violence and sexual assault, and I can't imagine, even as a member of the Criminal Enforcement Division of the Utah Attorney Generals Office, staff attorney for the Utah Prosecution Council, ever seeing a shooting by the officers I was with, who took me into the deepest, darkest crime ridden streets of Salt Lake City, to see, watch and learn, how they handled domestic violence calls, that are no more dangerous, than they were back in the day, when cops, did good old cop work, and handled a situation without SWAT and militarized vehicles, or worse, shooting or killing the very people, that they are paid to serve and protect!
This was a domestic call, that the officers were responding too. My first criticism, would be the night, they chose to take their wives, and son, on a ride along . . . everyone and their dog, knows that New Years Eve is a high drinking night, therefore, generally, a more charged and amped up night at home, alcohol, is usually involved, in most domestic disputes. So, poor judgement call for a night for a ride along! I am all about symbolism, and use it all the time, but, there are times, when the day before the drinking and celebration, could still have been symbolic of their last ride on their beat, as city cops, but spared the risks, associated with bringing family members along on that dangerous, night, traditionally speaking.
The officers, the attorney, hired gun, who said, they found no wrong doing in the shooting . . . really, said, they followed the policy for doing a ride along. But, what are the qualifications for a ride along. I would say, that legally, in the civil liability and negligent case, would be, considering who was riding along, to be a frolic, and in the torts, world, or wrongful acts, would be something that was not covered by an insurance policy and would be considered negligent at best. This was not official police work, nothing like what I was doing, and I would not think that any time a wife or a child wanted to ride along with dad, they can just sign a waiver and go for a ride along! I would think that some type of streamlining, would be a better policy, not a husband and wife date night in a cop car, nor a family night out, with the officer shifting allegiance from the citizen, the wife of the alleged abuse, he is sworn to protect, and handle the abuser, in whatever way the situation merits, rather than, as was stated, he shot the guy, protecting his wife, son and HIMSELF! This is a new phenomena in cop work . . . wink, wink, nod, nod policies of the fuckers, who are trying to take me down, before, I take the Patriot Act down, all about SEX! Oh, poor officers and their wives, deserve to be together on New Year Eve, and the last ride along on their beat, so, nostalgic, so romantic . . . NOT what we are paying your sorry asses for, keep it for the bedroom! And we got to watch daddy, play hero, and shoot the bad guys, even better!
SHIFTING OF PRESUMPTIONS, UNDER THE PATRIOT ACT
One of the things that I forgot to mention, under the George Will, portion of this blog, under the bullets, that I just remembered, was the change of presumptions, long held near and dear to the American public, that of the presumption of innocence, until PROVEN guilty. Now, I am not sure what transpired, other than it was stated, that the man was in his vehicle, as I understand, because both cops, wives, and kid, were present. Did the wife call the cops, and the husband fled the home? I am not sure, what brought the alleged or accused abuser to his car, but knowing domestic violence, a nation's expert, at least back in 1996, when my manual, was a nation model on the subject, I would suspect, there was drinking going on, New Years Eve, and both parties, could have exchanged words, or even punches, and sometimes, the wife is the primary aggressor, pushing the husband to his limits, until he snaps, some of the issues of self-defense and other evidence that would indicate, who was the primary aggressor, and who was the instigator, and started the fight, with the husband, due to size, usually blamed, but not necessarily, the one who caused the fight, that many times, just a phone call to cops, as peace officers, not law enforcement officers, will cause the parties to stop fighting, problem solved, unless there are serious injuries, but that was not determined, because the officers never went to the home, to look at the evidence, or the injuries, if there were any, and just the threat alone, may have sent the husband running, is my guess.
So, the officer, just getting the call, somehow, run into the fleeing husband, whom they decide to shoot, not because he is a threat to his wife, or girlfriend, not because he has a gun, or is brandishing it at him and the others in the cop car, but, because, the officer, in all his wisdom, decides, with the precious load in his car, to protect the ones he loves, rather than do good police work, take the time to talk to the alleged victim and caller, and see if there is any merit to her story, any injuries, proof of abuse, or any type of superior cop work, at all, and the lazy ass fuckers, just because cops have been getting away with killing, shooting and getting administrative leave while their buddies all clear them of any wrong doing, take the cheap shot, lazy ass, way to handle this situation, and not only shoot him, but charge the victim with resisting arrest or some "throw the book at the guy" so he can't come back on you, generally, leave not witnesses is the mantra . . . he needs to sue!
The fact that there were two officers, and their wives, suggests to me, that this was a double date night! That alone makes me suspicious of their intentions, motives, and mind-set, when they shot this guy. The call, was a bother, and they thought this was the quickest way to take care of the report, just shoot the guy. As if husbands and wives, don't have a right to fight! A fight is one thing, abuse it another, and I bet, cops, who are some of the worst abuser, fight with their wives too. People deserve the benefit of the doubt, they deserve to have officers, who are being paid to handle situations like this, not be on a double date with their best friend and his wife, and kids, to see what the deal is, not just gun the husband, who may have been innocent, just scared, he may have had a warrant, or something, or just was scared about the call, and ditched out, the Nazi cops now days, are not people, people dig dealing with, they are not far, don't need to do a good job, and they just shoot, ask questions later, and how to leave no witnesses. With all the money from the feds, all the militarization, and all the drug money incentives, cops work has suffered, gone down hill, and is approaching the level of what we see in this incident, symbolically, in fact, all for the cops!
SO, TO BREAK THIS DOWN TO THE SIMPLEST ANALYSIS
Cops of all levels, and the most intimate, is probably the city cop, who deals with the majority of people within the city limits, sheriffs, county, with other duties, but their main job, is to protect the health, safety and welfare, of the cities or the jurisdictions that they are responsible to serve and protect. I don't see anywhere, that cops are to protect themselves against the citizens. That is not in their job description. Now, just as in traditional, self-defense statutes or laws, everyone, is entitled to protect themselves, when a threat is apparent, historically, a retreat, was included in lethal use of force, if you could back away from a deadly force situation, you had to do it . . . officers are in a unique job, where, they are called into a scene, to protect, someone from someone else, and officers have been called to the scene, to restore the peace, or to investigate, to determine if a crime has been committed. And at times, domestic disputes are tough, due to the connection, attactment, dependence of a victim on her abuser, making his or her arrest sticky, at best, leaving the officer or officers, stepping between a husband/wife, or boyfriend/girlfriend, and they may end up at the end of the stick, when loyalties, kick in, once order and peace are restored.
Many times, the victim, simply wants the abuse, the yelling, the fight, to stop, wants the abuser, or even the other side of the argument gone, even if just for a few hours for tempers to cool, and calmer times to be restored. They don't necessarily want someone arrested, handcuffed or jailed, maybe just a warning to stop the fighting, the drinking, to threats. There may be no crime committed, and women are not angels, and just because of size, they can often blame the larger male for, what they started and pushed to the limits themselves! Good cop work, can go in on a scene, calm it down, determine if there are injuries, or what is called for in the situation, and then leave, with or without an arrest, but peace, as in peace officers, which is what they used to be considered, and called, as evidence by P.O.S.T., PEACE OFFICERS STANDARDS AND TRAINING, not law enforcement, which conjures up different results, just by the terminology used. Too many times, the officers, under the law enforcement mantra, think they need to arrest someone and charge someone with a crime, not always the case, domestic is tough, and takes smart cops to make the right call. I don't think, a cop, from his squad car, with wife and son, on a ride along, joy ride, can do his job!
Just my two cents worth, for what it is worth, clarify those policies on ride alongs, could make a difference, between being sued, and not being sued!
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