Two OPD Officers Disciplined, Fed Judge considers sanctions

(Updated 2/1/12)

CITIZEN JOURNALISM WORKS

Remember this video by BLK PXLS shot on the night of the General Strike in Oakland (11/2/11)?

It showed Officer John Hargraves concealing his uniform nameplate, in clear violation of CA Penal Code 830.10, and supervising officer Lt. Clifford Wong asking Hargraves to remove the tape.

The Bay Citizen reports:

The Oakland Police Department has disciplined two officers for violating department policy during the Occupy Oakland protests, The Bay Citizen has learned. The suspension of one officer and the demotion of his supervisor are the first known disciplinary actions OPD officials have taken in the wake of hundreds of police misconduct complaints following the Occupy demonstrations.

The department suspended Officer John Hargraves for 30 days for covering his name badge with a piece of black tape, a violation of California law. Lieutenant Clifford Wong was demoted to sergeant for failing to properly report the incident, according to police sources.

Read more: The Bay Citizen (
http://s.tt/15b88
)

Judge Henderson Considers Sanctions Against Oakland

East Bay Express reports:

On January 9, Judge Thelton Henderson heard a motion brought by Riders’ plaintiffs attorneys John Burris and James Chanin that sought federal sanctions for officers who had covered their name plates during Occupy Oakland eviction actions by the Oakland Police Department. City attorneys argued that this was an isolated incident that did not represent a systematic violation of policy and that the officers’ superiors acted swiftly to investigate fully.

City attorneys also argued that it would be improper for the federal court to intervene in this instance since discipline had already been ordered for the two officers . . .

At the end of the hour-long hearing, Judge Henderson stated that he would take all of the arguments under submission and issue a written order. There is also a regularly scheduled quarterly status hearing scheduled in Judge Henderson’s court room on January 26.

Read more.

UPDATE 1/11/12:  More officers hiding badges

OCCUPIED Oakland Tribune: Officers Hiding Badge Names Widespread

UPDATE 2/1/12:

Judge: Covering Police Badge Is Serious Misconduct
Officers involved in incident during Occupy protest may each have to pay $5,100 in fines
Source: The Bay Citizen (
http://s.tt/15uls
)

Occupy Media: Police repression / How to Film a Revolution / Occupii Network

As police in New York and elsewhere continue to target journalists in violation of their own policies around the public’s right to know, it’s important that citizen journalists stay vigilant and informed, and that people stay connected to what’s going on.

NY Times reports on repeated acts of police brutality and threats toward journalists, and the “perversely counterintuitive” excuses given by the mayor and police commissioner for the ongoing abuse:

Mayoral press representatives stoutly insisted that the police acted properly. “It is impossible to say the reporters were not breaking the law”…

New York State Senator (and retired police captain) Eric Adams is quoted:

“If the police and the mayor won’t follow their own rules, whose rules will they follow?” he says. “And very few people ask any questions.”

New York, Mr. Adams says, “is leading the way in not wanting to know where it’s going.”

How to Film a Revolution

An introductory tutorial for aspiring citizen journalists to consider before next entering the field. You are needed more than ever, to bring the people direct truth, taking out the middle man in the archaic mainstream media. Each camera is a new set of eyes we all share in near real time – no one can take this from us, so it is imperative we refine and develop new skills and strategies to capture the missteps of power. Let us know if you have any ideas for a follow up video about how to better film a revolution! Dedicated to the Citizen Journalist, who is just as important as the Protester in bringing about real change. Directed by Corey Ogilvie.

It offers 5 practical pointers on how to film safely and strategically when police turn peaceful protest into state violence:

1. Call out for cameras:  get people over, the more the merrier
2. Don’t film vertically:  self-explanatory and super frustrating for editors
3. Keep your distance:  you can’t film if you are injured or break your camera
4. Protect yourself:  watch out for advanced weaponry (pepper spray, toxic tear gas, phosphor flash grenades, rubber bullets, wooden batons, sound cannons, and raging horses)
5. Defend your rights:  stand up for yourself as a journalist

It also diagrams strategic formations for multi-camera coverage in various situations, and gives useful advice on video sharing for maximum value.

Related posts/links:

• How to successfully Resist Police Intimidation and Defend Your Rights
• ACLU Know Your Rights: Photographers and Videographers
• How to Live Stream from Cell Phone

Occupy now has its own Social Network

Occupii.org, the new social network site for all things Occupy has launched today. (via The Daily Occupation)

UPDATE 1/5/12

The Nation: What Are the Rights of Reporters Covering Protests?

What rights do reporters have to gather the news? Do they need credentials? Do reporters have the right in public places to record police activity? If a police officer unlawfully interferes with a reporter while she’s gathering the news, can the reporter sue the officer? Below, Jonathan Peters, an attorney specializing in First Amendment law, explains.

Occupy Berkeley: Police threaten to shoot videographer, beat protesters

Updated 12/23/11  10:24pm

Good News!

Yay! @OaklandElle is free! yfrog.com/h6jb4gtj #OO #OccupyOakland #OWS #p21—
Spencer: For Hire (@OakFoSho) December 24, 2011

Pic of BPD cop who threatened to shoot videographer point blank:

BPD's "Li'l Sgt. Napoleon Complex": watch him in action below (around 1:50 mark)

Original Post (12/22/11)

It’s still going on right now, watch it live on OakFoSho’s ustream.

Reports from independent journalists and eyewitnesses describe mishandling of Occupy Berkeley raid by Berkeley Police Department:

Occupy Berkeley raided by police; officer threatens to shoot videographer

In this graphic Youtube clip (courtesy of OccupyNewsandMedia), one officer threatens to shoot an activist for not backing up in a timely fashion and another officer can be seen hitting an activist in the face with a baton.

The threat takes place at about 1:50 mark in the following clip:

After police arrest, use batons on protesters, Occupy Berkeley encampment remains

@OaklandElle is a medic at #OO and has stood in solidarity with #OSF and #OBerkeley, she tweets:

#BPD ofc. C.W. Flores, #49; grabbed, yanked, & shoved me; hit another protester in face. #OccupyBerkeley #Anonymous http://t.co/1onrVfn3—
Elle of Oakland (@OaklandElle) December 23, 2011

Dustin Morillas uses his baton to hit women, #medics. Internet, please expose this coward #BPD #OccupyBerkeley #OO #OSF http://t.co/FhBpCtcA—
Elle of Oakland (@OaklandElle) December 23, 2011

Another shot of #DustinMorillas, who struck me as I tried to go help my partner & a journo knocked to ground by #BPD http://t.co/Ujk2U8oe—
Elle of Oakland (@OaklandElle) December 23, 2011

The raid has reportedly left many homeless and tentless, the city’s shelters are full, and temperatures are expected to plunge into the 30′s tonight.

Sprinklers in the park had not been in regular use during the occupation.  Now they are on and flooding the park, which is on its way to becoming another lake, in the fashion of Oakland’s Ogawa-Grant Plaza.

It’s still going on right now, watch it live on OakFoSho’s ustream. 

[They arrested @OaklandElle for standing on the sidewalk, 10:43pm]

What’s going down now in Berkeley is a continuation of the abuse of authority that we’ve seen globally, which is why it’s important not only to continue to bear witness, but to webcast it as it happens:  HOW TO LIVESTREAM FROM CELL PHONE

They think they can get away with it, but that’s not how justice plays out.  @punkboyinsf‘s graphic sums it up:

Enough Bullshit. twitpic.com/7wymp0—
J'Tao (@punkboyinsf) December 23, 2011

Occupy Congress January 17th, 2012

Criminalizing Citizen Journalism in New York

UPDATE:  Video of NYPD targeting media on #D12

Original Post:

Heard reports that NYPD targeted observers with cameras for arrest yesterday, in their raid on a day of action targeting Goldman Sachs.  Here’s an account.

Salon.com:  Busted for Tweeting, by Molly Knefel

Several cops pushed me away as I asked, “What is he being arrested for?  He was taking pictures.”  A cop said, “He didn’t produce an official press pass, so that means he was resisting arrest.”  I quite literally didn’t understand, so I said, “What?”  At that point, the same cop said, “If you don’t step back immediately, you will be arrested too.”

[. . . ]

A protester next to me was yelling at the cops, something about free speech or unnecessary force or any number of logical things to say at a time like this, I was too distracted to pay attention.  But then, an officer said to him, “Get out of my face.  I have a gun, and I don’t need people up in my face like this.”

Read more.

How to successfully Resist Police Intimidation and Defend Your Rights

Via Occupy Eden

Not credited but pretty sure the videographer harassed by police is Mike Bonanno of the Yes Men, which just goes to show that they are not mere pranksters, not that there was ever any doubt.

The Yes Men have been engaged in an ongoing series of actions since the first week Occupy Wall Street began, including a bullfighting video posted previously.

UPDATE:

From witness.org:
Top 10 Tips for Filming #Occupy Protests, Arrests & Police Conduct

East Coast live streams: DC and NY

Streaming Now

OccupyWashDC

OccupyDC Medics: #occupydc housers being arrested a few at a time.. Fate of those on roof TBD pic.twitter.com/rGS0BALU

NY: The Other 99

More on Citizen Journalism:

Citizen Media Guild:

“Citizen journalists’ ethics of covering #ows: ‘Are you with us or agin’ us?’“

“Press passes? We don’t need no steenkeeeng press passes- or do we?“

boingboing.net: “The dronecam revolution will be webcast: Interview with Tim Pool of “The Other 99“

Gigaom: “Occupy my TV: The birth of the citizen video reporter“

Village Voice: “Occupy the Airspace: Surveillance Drones for the 99 Percent“

Ustream: “Become a Citizen Journalist with Ustream Mobile Broadcasting Applications“

Wesleyan Argus: “Occupy Movement Inspires New Generation of Journalists

CNN: “CNN Lays Off Photojournalists, Citing the Accessibility of Quality Cameras“

LAPD handpicks media to cover Occupy LA, on what authority?

LAPD joins other police departments across the country in a growing practice of criminalizing journalism.

LAist: “Censorship Warning: LAPD Handpicks Media to Cover Occupy LA“

Occupy LA, Ruth Fowler’s blog:  “LAPD Made Sure The Whole World Ain’t Watching“

AT 5:30pm yesterday, LAPD announced a 7:15pm meeting for a lottery for a “media pool” to be  comprised of a very limited number of members of the media (3 media outlets for each of three media: print, tv, radio — no internet?) authorized to cover Occupy LA.  Members of the press otherwise not authorized will be subject to arrest once an unlawful assembly dispersal order is given.

What Brutality Looks Like: video of OPD beating vet Kayvan Sabeghi (and more)

Guardian UK, 11/18/11
Occupy Oakland: footage shows police beating ‘peaceful’ Iraq war veteran

"Get the f**k out of here! Did you hear?" OPD officer to US war vet Kayvan Sabeghi, prior to beating him to the ground. Sabeghi was hospitalized with a ruptured spleen.

Oakland Police Department’s beating of non-violent protester Kayvan Sabeghi the night of the General Strike in Oakland has been reported previously, including on this blog, but this is the first video to show the actual beat down.

From The Guardian:

Video footage has emerged of a police officer beating an Iraq war veteran so hard that he suffered a ruptured spleen in an apparently unprovoked incident at a recent Occupy protest in California.

The footage, which has been shared with the Guardian, shows Kayvan Sabehgi standing in front of a police line on the night of Occupy Oakland‘s general strike on 2 November, when he is set upon by an officer.

He does not appear to be posing any threat, nor does he attempt to resist, yet he is hit numerous times by an officer clad in riot gear who appears determined to beat him to the ground.

Sabehgi, 32, an Oakland resident and former marine who served in Iraq and Afghanistan, has since undergone surgery on his spleen. He says it took hours for him to be taken to hospital, despite complaining of severe pain. Police have told the Guardian they are investigating the incident.

The footage was recorded by artist and photographer Neil Rivas, who said Sabehgi was “completely peaceful” before he was beaten. “It was uncalled for,” said Rivas. “There were no curse words. He was telling them he was a war vet, a resident of Oakland, a business owner.”

Read full story

Many images are circulating of the brutality at OWS #N17 yesterday, including towards journalists, only a couple linked here.

"New York City police drag young woman through the street" (The Raw Story, 11/17/11). (Video courtesy of CNN)

While peaceful protesters across the country are getting maced, pepper sprayed, dragged by their hair, and beaten to the ground, those on Wall St. whose deliberately fraudulent practices caused millions of Americans to lose their homes not only walk free, noses held high, but enjoy the obscene largesse of enormous bonuses courtesy of taxpayer bailout.

It is through their shocking brutality that police around the country are helping the OWS movement to wake people up to what is really wrong.

UPDATE: via boingboing.net
Report: NYPD cop pushes New York Supreme Court Judge into wall
By Rob Beschizza at 6:59 am Friday, Nov 18

Democracy Now quotes New York Supreme Court Judge Karen Smith:

I was there to take down the names of people who were arrested… As I’m standing there, some African-American woman goes up to a police officer and says, ‘I need to get in. My daughter’s there. I want to know if she’s OK.’ And he said, ‘Move on, lady.’ And they kept pushing with their sticks, pushing back. And she was crying. And all of a sudden, out of nowhere, he throws her to the ground and starts hitting her in the head,” says Smith. “I walk over, and I say, ‘Look, cuff her if she’s done something, but you don’t need to do that.’ And he said, ‘Lady, do you want to get arrested?’ And I said, ‘Do you see my hat? I’m here as a legal observer.’ He said, ‘You want to get arrested?’ And he pushed me up against the wall.

[via Felix]

Trying to Catch Up with Occupy

Dizzying amount of activity ongoing, yes!  A brief sampling:

San Francisco:  MAYOR NEGOTIATES IN BAD FAITH, CITY ADMITS BLUNDERING COMMUNICATIONS, OccupySF News

Portland: Protester arrested, Steel Bridge (pic)

LA: Demonstrators occupied street in LA financial district (pics)

Berkeley: UC Berkeley School of Law faculty condemn police actions at Occupy Cal, Daily Cal

Boston: Judge Temporarily Bars Eviction of Boston Protesters, NY Times

Latron Price, 37, an organizer of Occupy Atlanta, said Tuesday he believed the raid on Occupy Wall Street was a sign that the protests had struck a nerve.

“To see that happen in New York shows we’re on the right track,” he said. “These arrests will only strengthen the protests elsewhere.”

And of course, OWS #N17: follow The Other 99%’s awesome livestream — citizen journalists’ coverage of the movement in general (from NY to Oakland) marks a turning point in public access to the media and the truth, truly deserving of a Pulitzer.

NY Deputy Mayor: press don’t have the right to report in vicinity of NYPD ops, via boingboing.net (watch video from 9:45 in-point)

While the national wave of evictions and police repression, and associated corporate media spin, may seem depressing, it is evidence that the power of the movement has become a force to be reckoned with, in accord with the widely tweeted quote attributed to Gandhi:

“First they ignore you, then they laugh at you, then they fight you, then you win.”

UPDATE:

More #N17 Awesomeness:
#O’Nashville infiltrates Rumsfeld speech

OCCUPY NASHVILLE Press Release: For Immediate Release Occupy Nashville Infiltrates Rumsfeld Speech Shouting “I call upon you to surrender yourself as a war criminal” in a ballroom filled with Nashville’s moneyed elite, members of Occupy Nashville infiltrated an elaborate gala Thursday night where former defense secretary Donald Rumsfeld gave a keynote address. Protesters mingled amid [...]

ACLU Know Your Rights: Photographers and Videographers

In the spirit of promoting Citizen Journalism, here’s important empowering info from ACLU regarding taking photos and video in public.

Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties. Unfortunately, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs from public places, and harassing, detaining and arresting those who fail to comply. >>Learn more

Your rights as a photographer:

When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. (more)

When you are on private property, the property owner may set rules about the taking of photographs. (more)

Police officers may not generally confiscate or demand to view your photographs or video without a warrant. (more)

Police may not delete your photographs or video under any circumstances.

Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations. (more)

Note that the right to photograph does not give you a right to break any other laws. (more)

It’s recommended to read the whole article, which includes what to do if you are stopped or detained, special considerations for videographers, and shooting at airports.

UPDATE: SF Chronicle, “Flap over Oakland cop who covered name tag,” 11/14/11

The city of Oakland violated a federal consent decree to reform its Police Department when an officer (John Hargraves) at a recent Occupy Oakland protest was captured on videotape with the name on his uniform covered in black tape, an attorney said today.

Oakland should pay $5,100 in sanctions because of the incident, which was filmed by a civilian, attorney Jim Chanin said.

Chanin said officers have to display their name tags and that (Lt. Clifford) Wong apparently did not report the incident to internal affairs, as mandated by the consent decree.

Read more

Note:  This means that not only Officer John Hargraves, but also his superior officer Lt. Clifford Wong, appear to have violated policy and engaged in misconduct.