Jeffrey Epstein escapes federal jail

Posted on August 29, 2019 by Eric Verlo

Even petty blackmailer extortionists know to warn “if anything happens to me, incriminating evidence will be released to the media.” Billionaire sex offender Jeffrey Epstein is already fading from the news and not one manila envelope has dropped. What does that tell you about what “happened” to Jeffrey Epstein? It didn’t. You might think his suicide was really a murder, but let’s remember he counted the most powerful pervs among his friends. Fat chance any of them wanted their friend and primo procurer killed. Before his suicide, Jeffrey Epstein signed a will, his last legal opportunity to do so, then he did El Chapo one better. With allegedly dozing guards (one of them a temp with a shorter personnel record, maybe more easily impersonated), and under faulty surveillance cameras, El Epstein disappeared from federal custody into his own self-financed witness protection plan. What’s it take? An anesthetic cocktail for the short gurney ride, not that many parties to pay off or knock off later, your body is released to an unnamed “Epstein Associate,” and it’s party time again at your Virgin Island! Pretty damn obvious.

Iraq War embed Rob McClure, witness to war crimes he didn’t report, suffers phantom pain in gonads he never had.

Posted on November 28, 2017 by Eric Verlo

DENVER, COLORADO- Today Occupy Denver political prisoner Corey Donahue was given a nine month sentence for a 2011 protest stunt. Judge Nicole Rodarte’s unexpected harsh sentence came after the court read the victim statement of CBS4 cameraman Rob McClure, who said he still feels the trauma of the uninvited “cupping [of his] balls” while he was filming the 2011 protest encampment at the state capitol. Donahue admits that McClure was the target of a “nut-tap”, but insists it was feigned, as occupiers demonstrated their disrespect to the corporate news crews who were intent on demonizing the homeless participants even as Denver riot police charged the park. Though a 2012 jury convicted Donahue of misdemeanor unwanted sexual contact, witnesses maintain there was no physical contact.

Of course simply the implication of contact would have humiliated McClure in front of the battalion of police officers amused by the antic. That’s authentic sexual trauma, just as a high school virgin is violated when a braggart falsely claims to have of engaged them in sexual congress. Donahue was wrong, but how wrong? Can professionals who dish it out claim infirmity when the tables are turned?

Ultimately the joke was on Donahue, because his mark turned out to be far more vulnerable than his dirty job would have suggested. The CBS4 cameraman who Donahue picked on was a louse’s louse.

Off limits?
While some might assert there is no context which would excuse touching a stranger’s genital region, I’m not sure the rule of no hitting below the belt is a civility to which folks facing riot cops are in accord. Protesters can’t shoot cops, they can’t spit at cops, in fact protesters have to pull all their punches. Some would have you believe demonstrators should do no more than put daisies in police gun barrels, all the while speaking calmly with only pleasant things to say.

Let me assure you, simply to defy police orders is already a humiliation for police. What’s some pantomimed disrespect? Humiliating riot cops is the least unarmed demonstrators can do against batons and shields and pepper spray. Should the authorities’ private parts be off limits for a public’s expression of discontent? Jocks wear jock straps precisely because private parts aren’t off sides.

It’s tempting to imagine that all cops are human beings who can be turned from following orders to joining in protestations of injustice and inequity. This is of course nonsense. But it’s even more delusional to think corporate media cameras and reporters will ever take a sympathetic line to the travails of dissidents. Media crews exploit public discontent just as riot cops enjoy the overtime. Media crews gather easy stories of compelling interest from interviewees eager to have their complaints be understood.

Corey Donahue
On October 15, 2011, Rob McClure turned his camera off when the narrative wasn’t fitting the derogatory spin he wanted to put on the homeless feeding team which manned Occupy Denver’s kitchen, dubbed “The Thunderdome.” Donahue observed the cameraman’s deliberate black out of the savory versus the unsavory and reciprocated with the crowd pleasing nut-tap. In the midst of this circus, Colorado State Troopers, METRO SWAT, and city riot police charged the encampment and made two dozen arrests.

It was hours later, perhaps after reviewing police surveillance footage, that McClure conferred with police commanders and agreed to press charges for the nut-tap. Corey Donahue was one of the high visibility leaders of the crowd. He’d been involved in multiple arrests, but this time his bond would be higher and harder to post because instead of the usual anti-protest violations, Donahue would be charged with sex crime.

Ultimately Donahue sought political asylum in South America rather than face having to report for the rest of his life as a sex offender. The offense was only a misdemeanor and his trial was a miscarriage of justice. Attorney friends later convinced Donahue to return to the US because this crime was arguably not sex related and was likely to be overturned on appeal. Likewise, a sentence was unlikely to exceed time served as the “nut-tap” paled in comparison to the police brutality and excessive force which has since ensued. Neither Judge Rodarte or victim Rob McClure got the memo, and it wasn’t the first time McClure failed to frame public outcry in the context of brutal militarized repression.

It turns out McClure’s own self respect was probably way too fragile to have ventured to cast stones at the slovenly homeless occupiers.

Rob McClure
Cameraman Robert McClure had been an embedded reporter in Iraq in 2004. You might expect such a experience to have toughened him up, or expanded his empathy for critics of US authoritarian brutality, but that is to underestimate the culpability of the corporate media war drum beaters.

And McClure’s guilt ran deeper that that. According to his CBS4 bio, McClure was reporting from a major military detention center. It turns out McClure covered Abu Fucking Ghraib. In 2004 McClure’s assignment was to distort what happened there as rogue misconduct. No thanks to fuckers like McClure, the Abu Ghraib techniques were later confirmed to be standard protocol. The US torture and humiliation of prisoners was systemic.

McClure’s coverage for CBS4 specifically glorified Dr. Dave Hnida, otherwise a family physician from Littleton, but in the service of the military as a battlefield surgeon assigned to treat prisoners of war. While it sounds commendatory to attend to the health of our sworn adversaries, in practice that job involves most commonly reviving prisoners being subjected to interrogation. Hnida’s task was to keep subjects conscious for our extended depredations. Medical colleagues call those practitioners “torture docs”. They shouldn’t be celebrated. They should lose their medical licenses.

So that’s the Rob McClure who wrote Judge Rodarte to say that after all these years, having witnessed unthinkable horror and sadistic injustice, while still spinning stories to glorify American soldiers and killer cops and power-tripping jailers, the memory of Corey Donahue’s prank made his balls hurt.

Who is this El Paso Sheriffs undercover infiltrator provocateur? We don’t care!

Posted on October 25, 2017 by Eric Verlo

COLO. SPRINGS– Lawyers for the city are fighting defense team efforts to expose who, how, when and why local law enforcement agencies infiltrated a campus political activist group. The 2017 undercover operation was revealed in CSPD bodycam videos, but city courthouse lawyers and judges are preventing the evidence from being made public.

Alerted to the October 17 evidentiary hearing meant to shed light on the bodycam video, journalists and news crews instead witnessed stonewalling by city attorneys but made to look like a disorganized defense. They saw municipal Judge Kristen Hoffecker blame the defendants for not submitting to a sham proceding, when the judge should have confessed that the defense’s subpoenas had not been honored.

Today the city learned that our defense team went around them and served the subpoenas directly, requiring the responsible law agency parties to testify as witnesses at an evidentiary hearing on November 3. Now the city wants to use a November 1 status hearing to quash the subpoenas.

What’s the big deal? The city asserts the confidential identity of its undercovers is a stake. That is of course the least of it.

The city’s own evidence against the defendants, accused of marching in the street on March 26, 2017, documents police officers deciding to issue tickets. What’s clear from the video is that the police issued tickets, not to cite wrongdoers, nor to halt law-breaking, but to 1) “identify everyone”, 2) arrest an undercover agent, and 3) disperse a lawful assembly. It’s all on tape.

When defendants first grasped what they were seeing on the bodycam video, they brought it to the attention of the various municipal court judges who take turns directing the daily court matters. Asked to produce the written reports generated by the officers on the video but missing from the discovery evidence, the judges declined. Asked to subpoena the officers involved, the judges declined. After each defendant’s pro se arguments were rebuffed, one motions hearing after the other, the defendants sought legal help. Actually Judge Hayden Kane II did eventually grant a hearing to look into the video, but he told us he’d already watched it in private and was not inclined to find it relevant, so defendants were not encouraged that his opinion would change.

In the meantime civil rights lawyers were highly interested in the police activity documented by the video. They submitted 20 pages of argument for the dismissal of charges against the defendants, citing outrageous police misconduct in violation of the Code of Federal Regulations, part 23. They requested that the sheriff, the police chief, the commander of CSPD intelligence, and others named and unnamed, be subpoenaed to testify at an evidentiary hearing on October 17. That didn’t happen, as everyone saw. The subpoenas didn’t even go out.

The October 17 hearing misfire was simply the latest of months of attempts by the defendants to bring this story to light.

This time around the city wasn’t given the chance to sit on the subpoenas, they’ve been served directly. On November 1, will Judge Hoffecker invalidate the subpoenas two days before the witnesses are compelled to appear? The question reporters can ask is should she?

The city’s argument will be that the police undercover operation, however illegal, does not have anything to do with the guilt or innocence of the socialists charged with marching in the street. Outrageous police misconduct is a matter for federal court, that’s true. But have a look at the video. Notice that the first marcher fingered for arrest, the only one assigned an arrest team, was the undercover “Mark Jackson.” When the police shouted their warning that all who remained in front of City Hall would be issued citations, their only unequivocable target was Jackson.

Without the motive of arresting Jackson, whether it was to provoke the crowd or to embed their infiltrator, and until the order “LT wants everyone identified”, the police weren’t going to make any arrests. What does that say about the supposed guilt of the accused?

The police had already told the socialists “you’re free to carry on with your rally so long as you don’t step back unto the street.”

What the socialists were doing on March 26 was the essence of protected speech. But senior officers not on the scene had a crime of their own up their sleeves, and they needed an arrest or two to set it into motion.

Should we get to the bottom of this story, or let the city pretend it didn’t happen until the defendants get to turn the tables in federal court?

One presumes that undercover agents are only performing the intelligence function of surveillance, monitoring protest activity for hints of criminal behavior. At worse, we call them agent provocateurs, trying to encourage illegality, and believe that everyday nonviolent activists should know better than to be entrapped into illegal acts.

But undercover officers are much more disruptive than that. Undercovers sow dischord and mistrust among strangers who’ve come together to advocate for a common cause. Infiltrators pit activists against each other and confound organizers with sabotage. They volunteer for responsibilities then drop the ball. They complicate discussions with irrelevant, impractical, or illegal suggestions. When their ideas are rejected they express frustration by demeaning their fellow participants for being unmotivated. When “Mark Jackson” was found out, and it took many weeks for everyone to become convinced he was an undercover, he berated everyone for every personal failing in the book. He accused individuals of paranoia, ineptitude, or lacking courage. “Get back to me when you decide you want to DO SOMETHING” were his parting words.

Police infiltration harms every citizen effort to organize. The Code of Federal Regulations mandates that police agencies have suspicion of real crime before embedding infiltrators.

If CSPD or the El Paso County Sheriff’s Office or the Department of Homeland Security or the Colorado Bureau of Investigation has proof of a crime brewing among the Colorado Springs Socialists, wouldn’t we all benefit to know about it? We would if their motive is truly crime prevention.

The real identities of “Mark Jackson” and his partner “Aimee Walter” doesn’t matter at all. Who they work for is paramount. Are they “with the Sheriffs” or contracted or embedded from another agency? As the video shows, Jackson’s jittery hyperactive behavior while detained in the cruiser doesn’t give one much confidence about who law enforcement is entrusting with a loaded weapon in a crowd they hope to be inciting to riot.

The city’s determination to quash the question of whether or not such evidence exists points to police malfeasance, not the Socialists’.

Justice delayed is justice denied. Colorado Springs police infiltration operations against social justice activism should be brought to heel sooner rather than later.

OCTOBER 27 UPDATE:
According to Judge Hoffecker’s order: November 1st at 2:30pm will be the city’s next chance to quash the subpoenas. If they do not succeed, the evidentiary hearing is scheduled for November 3rd at 8:15am.

Why should you attend the Denver Nalty-Byfield ENTERPRISE TRIAL?

Posted on September 25, 2017 by Eric Verlo

Why support the “We The People” public-oath sticklers who the state is prosecuting like a criminal enterprise? A few reasons: Solidarity. Because as hardheaded as they might be, defendants Stephen Nalty and Steve Byfield are still JUDICIAL REFORM ACTIVISTS. Sense of fair play. Half the courtroom gallery is filled with Colorado Attorney General staffers and FBI special agents chumming it up with jurors and briefing their THREE FBI UNDERCOVER WITNESSES while the defendant pariah side of the audience is warned by the judge that even a whisper will result in ejection. Thrills. Where else are you going to see this many federal agents pushing their weight around, barking at you in the hallways, swaggering gleefully about how much smarter they are than the defendants? Pathos. Come watch the Assistant Fucking Colorado Attorney General, Robert Shapiro himself, lead a team of prosecutors against the unrepresented defendants, watch Shapiro belittle them, lecture them, trivialize their difficulties defending themselves in jail, and pretend they can review “tens of thousands” of pages of evidence and “hours and hours” of undercover surveillance tapes in a single day. Because you can make a difference. Come push the FBI-guys’ buttons. Come witness and document the abuses of the overbearing prosecution team. Come lend public pressure on the judge, whose conscience is already bothering him about how unfair this sham trial has become.

Liens
You don’t have to agree with how Nalty and Byfield went about trying to reform the judicial system, but aren’t they mostly right? Judges ARE corrupt. Local officials ARE NOT accountable to the people. Law enforcement WON’T pursue charges of their own corruption and the media certainly won’t side with the reformers. When Nalty, Byfield and Co, served commercial liens valued at billions and trillions of dollar against officials who hadn’t filed oaths of office, it was an effort of last resort to get someone’s attention. No one was thinking, hey, maybe this eleven-figure dollar demand will slip through the cracks and the billions will be ours!

Each lien was calculated to represent the sum defrauded from and owed to the American People. Prosecutors can tap these defendants for conspiring and racketeering and extorting and attempting to influence public officials, but they can’t say the defendants aimed to obscond with one single penny. Throwing three undercover infiltrators at a twenty member judicial reform group, putting thousands of manpower hours into locking these defendants away, is gross abuse of authority and it’s hubris.

Authentic transgressions
As the sham trial goes on, the pieces are coming together on the cases of Nalty and crew. It turns out federal investigators labeled them “sovereigns” because they’ve held themselves not responsible for paying traffic tickets, property taxes, and the like. In the end I’ll grant you Nalty’s group may be guilty of those. I say “may” because such citations may have been retaliatory for their political beliefs.

As to the punishment, I believe adjudicators should take into account that the defendants acted not to enrich themselves, nor to flaunt the law per se, but to assert political rights about which they may have been misguided. Again I say may because the defendants are being tried, after all, according to a set of laws, which enforce a social contract, the terms of which the parties do not agree.

I use the word misguided as a nod to those who think the Nalty gang have acted like idiots. That’s easy to say, and easy to laugh, but no one’s yet figured out how to emancipate labor from the yoke of capital. You may regard interest and rent as your inherent debts. These sovereigns don’t and they’re trying to say so.

Economic slavery
Ours is a system of peonage to which this crew feels they never indentured themselves. The ersatz writs and liens they spammed to every official they encountered were the legal loopholes they thought could break the bank and liberate everyone from financial tyranny. While Nalty’s scheme intended insurrection, it wasn’t against democracy or the republic, it was against taxation without representation, the same beast Americans pretend to have overthrown with the Declaration of Independance.

Instead of tea into Boston Harbor, this crew dumped a bunch of junk paper unto the reception counters of Colorado public offices. Charge Nalty’s crew with littering maybe, at most, vandalism, though it’s hard to say these vandals caused even a scratch. Every public official who testified as a victim said they didn’t take the ersatz documents seriously.

The writs and liens looked officious, but weren’t attributed to known government or banking institutions. Likewise signatures were signed in red. Red was chosen to represent the signer’s blood, even though red is a color which automated banking systems reject as unreadable, therefore invalid.

Not one witness expressed confusion about the validity of the papers. They mentioned too the rambling diatribes in the text block.

To call the defendants “paper terrorists” wildly overstates the effect they achieved. They didn’t terrorize anyone. Governments like to accuse rebellious insurgents of “terrorism”, but that’s another paralegal threshold with which most common citizens, and certainly these “sovereigns”, disagree.

Real funny money
These guys did the equivalent of feed Monopoly Money into ATMs. No bank balances were changed and no real money came out. Counterfeit currency is one thing, but denominations of your own handywork pretending to be only that does not qualify as funny money in the illegal sense. I’m guessing forms submitted in a language foreign to bank clerks would be rejected out of hand. How are these any different? Irregular submissions, as one witness called them, need not generate calls to the FBI or the Colorado Joint Terrorism Task Force. I’ll bet that ATMs know to reject Monopoly Money. If they don’t, whose problem is that?

The trial of defendants Stephen Nalty and Steve Byfield is due to wrap up Friday. The prosecution will have taken seven days to present its case and Assistant Attorney General Robert Shapiro intends to object if the defense rebuttal takes more than a half day, maybe a whole. This trial is meant to intimidate the other defendants to convince them to take pleas.

Next in the pipeline is Bruce Doucette whose trial starts October 16. Defendants Harlan Smith and Dave Coffelt have hearings on October 18. If they do not take deals, Shapiro intends to enjoin their cases, to save time and money. He’s already convinced defendant Brian Baylog to take a deal and turn state’s evidence. Baylog is scheduled to testify against Nalty and Byfield shortly.

By now the condemnation of Nalty’s commercial lien scheme will have cost Colorado millions in man hours and legal expenses. You can fine a graffiti artist for having to restore an edifice to its original lustre, but you can’t expect him to bear the full cost if you chose a cleanup crew that wears Gucci loafers, most of whose jobs is to pat the other on the back.

Colorado’s overkill with federal agents and counter-terrorism experts is a problem of its own making.

The Nalty-Byfield trial continues through this week 8:30am – 5pm, at Denver’s Lindsey Flanigan Courthouse, in Division 2H, ironically, “Juvenile Court”.

FBI undercover rats on sovereign pals, says they planned to seize small county jails, except he was their lone soldier.

Posted on September 25, 2017 by Eric Verlo

DENVER, COLORADO- Very interesting testimony Friday at the trial of sovereigns Stephen Nalty and Steve Byfield. The prosecution’s latest witness was FBI INFORMER Marshall Ringer. Not a sovereign citizen type turned by government agents, Ringer is a disgraced police officer hired by the FBI and inserted into the so-called “enterprise” to report its activities and propose courses of action conducive to arrests. Ringer calls himself a “self-employed security expert.” His handler FBI Special Agent Ryan English calls him an “embedded confidencial human source”. His targets gave him the title “Continental U.S. Marshall”. They hoped he would recruit like-minded sovereigns to the cause of correcting what they saw as a corrupt judicial system. Ringer’s FBI codename was “Earp”.

The accusations corruption hinged on the understanding that according to Article VI of the US Constitution, positions of public authority must take an oath secured by a bond. The “enterprise” had discovered that many Colorado judges and prosecutors and sheriffs and other elected officials didn’t have oaths or bonds on file. If this expectation was indeed a misconception, and Article VI is inapplicable, you’d think the remedy might be to tell the would-be reformers, “no, that is not a requirement, here’s why, etc.” Strangely that was never done. Neither to their person, in a handout, or to reporters looking into this sad case. An undercover would present an excellent opportunity to huddle with the enterprise and say “hey guys, I was looking into this oath stuff and discovered that according to such and such law, or ruling or whatnot, oaths and bonds are no longer mandatory, end of story!”

But “Earp” didn’t. Nobody did. Nobody has yet to spell it out, even in this courtroom. When the defendants have tried to put Article VI into the trial record, they’ve been refused. So the issue is certainly a curious one.

Instead of using an undercover to diffuse the oath-seekers by presenting the incontrovertible truth of their error, the FBI and the state prosecutors instead gathered evidence to ridicule their character. We’re told they met in trailerhomes, they struggled to cobble enough money together to give their marshall a pair of handcuffs. They dreamed of putting together a network of De Jure judges to replace the corrupt ones currently alas De Facto.

Tapes
You might think the taped conversations of the sovereigns would be damning. The defendants certainly seem to be embarassed by them, but they’re less incriminating than disarming. When “Earp” asked what was he to do with the officials he arrested, he was told, nothing, for now. Do not take any action on your own. Wait for instructions from the People’s Grand Jury. Every time “Earp” goaded his colleagues about what he could do, they’d tell him to wait until matters could be addressed democratically and judicially.

The most interesting information to come from the undercover testimony was about how the FBI wires up its informants. Colorado law requires that at least on person in a conversation consents to being recorded. As a result, every recording presented to the court begins with the person wearing the wire dictating this preamble: “This is confidential human source X, on such and such date, etc” before that informant gets out of his car or enters a meeting area.

This offers potential targets a remedy for how to avoid intrusive surveillance by authoritarian law enforcement agencies IN COLORADO. Before every meeting, have everyone say out loud: “I do not consent to being recorded.” In unison is fine. Then a leader can then ask: “Was that everyone?” To which everyone can answer in unison: “Yes.” Provided that everyone said it, that meeting cannot be recorded. Such a method not only invalidates a recording being used as evidence later, it makes the recording a crime and the agency undertaking it and in possession of it, cupabe. If an undercover continues with the recording, he’s committing a crime.

In the case of te sovereigns, and likely your scenario as well, the government’s criminal act will far exceed in severity what they thought they were recording you doing.

We’ve yet to learn how, but apparently this undercover was discovered by the defendants early in 2017. They outed him by accusing him of making recordings and giving them to the FBI. That’s when he extracted himself and the indictments and arrests happened immediately thereafter.

The Enterprise
However you may feel about these perhaps misguided judicial reformers, their adversaries are behaving every bit the corrupt villains they pretend not to be.

The accused called themselves the People’s Grand Jury, the Indestructible People’s Trust, The Colorado Supreme Court, the Continental US Marshalls, the De Jure whatnot, or simply We The People. There seems to be no end to the permutations but they never called themselves “The Enterprise”. Yet that is what their accusers call them. In fact, for the duration of the prosecution’s case, a posterboard has been left in the center of the courtroom, beneath the judge’s dias, from which the jury cannot look away, it’s titled The Enterprise, with photos of ten member now-defendants, like employees of the month, except with mugshots, ranked in order of their title or prominence. Another ten members didn’t warrant photos or arrest, yet are listed as culpable parties, guilty by association and without the chance to . You wonder if that is legal. It certainly is prejudicial. Never mind if the witness testimonies don’t add up, there is The Enterprise, like it’s a thing instead of a characterization fashioned by frame-up artists.

MONDAY UPDATE:
On Monday defendants were given one day’s recess to review the evidence for their defense, which being incarcerated has impeded. So FBI informer Marshall Springs will resume his testimony tomorrow. But the courtroom also heard that the prosecution plans to bring TWO MORE UNDERCOVERS to testify, plus two cooperative witnesses, one of whom is a co-defendant who’s taken a plea to turn STATE’S EVIDENCE.

So that makes THREE undercover officers infiltrating “the enterprise” of not much more than a dozen conspirators, two of whom have become so intimidated they’ve changed their minds about what they were trying to achieve.

The next few days should prove enlightening and heartbreaking because although prosecutors have been documenting what the defendants did, they haven’t demonstrated the acts were crimes,. As much as defendants conspired, organized and racketeered, they didn’t aim to make one cent profit, illicit or otherwise. To what offenses did the cooperative witnesses plead guilty and what accusations do they make toward their friends?

So Nalty and Byfield have the rest of the day to study the evidence against them. The jail has not provided the paper and pencils ordered by the judge. The jail hasn’t afforded the defendants access to the case evidence either. Nalty indicated today that he’d spent a sum total of 45 minutes with the electronic files. He asked for a break of four days to prepare for the rest of the trial.

Both are in Denver jail, though their legal papers were not transferred with them when the defendants are on loan from Adams and Arapahoe Counties respectively. All the defendants being charged with conspiracy are being detained in different jails to prevent them talking to each other. But the problem is they don’t have their case papers or filings, and are in Denver’s customary 22 hour lockdown in their cells, which inhibits using the jail computers which are confined to the jail law library.

Prosecutor Shapiro responded to the defendant’s complaints of the jail not providing paper and pencils by cavalierly handing them writing pads, which they grasped with handcuffed hands, with polite thankyous. Though Shapiro no doubt know they won’t be allowed to take these into the jail. Then he condescendingly bragged that he’d resolved that complaint by providing “brand new” pads to each defendant. Defendant Byfield’s pad had a couple sheets missing, so he immediately pointed out that his pad wasn’t new. I couldn’t help but burst out with a laugh.

The judge thought there was merit to Nalty’s complaint Both defendants have scant access to the jail computers necessary to see the evidence. By the prosecutor’s own admission, the “tens of thousands of pages” would have been prohibitive to provide on paper, and the “hours and hours of taped testimony” likewise can only be provided electronically.

Prosecutor Shapiro acquiesced to allowing the defendants one day to catch up, though it sounds like he is well aware that analyzing tens of thousands of pages and hours and hours of evidence would take longer than that. Shapiro told the judge he calculated the state had wiggle room to allow a one day delay and still finish with the case by Friday. Here’s what he calculated: The state figures to rest its case by Thursday afternoon. That should leave a day and a half, less closing arguments and jury instructions and jury deliberations, to finish the trial on Friday. The prosecutors’s case will have taken six and a half days, but Shapiro thought the extra day needed to look over the evidence could come out of the defense’s day planned for defense.

To help the defendants prepare, Shapiro volunteered a preview of the witnesses to expect to testify to close out their case. Coming up we have four Gilpin County administrators, but we have also two more government undercovers, and the two cooperating witnesses. One of them co-defendant Bryan Baylog.

DPD commander reveals arrest threat is a regular “ploy” to disperse protest

Posted on February 21, 2017 by Eric Verlo

DENVER, COLORADO- We heard on Friday that US judge William Martinez needed more time to craft an opinion on a temporary injunction of DIA’s enforcement of their free speech permit. He commited to a decision early this week, and frankly we don’t know what to expect. From challenges he posed to attorneys at Wednesday’s hearing, the judge appears to think DIA needs some degree of “notice” about potential disruptions. He is unlikely to rule against the permit altogether because he opened the hearing already proclaiming that DIA is a “not a public forum” and thus has discretion about what expression to allow. DIA can limit subject matter, but not viewpoint, and can constrict assemblies. Judge Martinez’s starting point was based on US Supreme Court precedent set at JFK and Dulles airports, ignoring that both of those facilities are decentralized and lack DIA’s literal public square. Ironically, neither JFK or Dulles attempted to quash their Muslim Ban protests as did DIA. I’d like to mention some other details revealed at the preliminary injunction hearing.

For starters, the person in charge of approving permits has a highy subjective attitude about viewpoint. To him, pro-military messages are not oints of view at all, they’re just patriotic. They don’t require permits. Also, his department hasn’t declined to issue permits. They work with applicants to arrive at accommodations suitable to the airport. For example, the American Islamic Society was recently granted a permit, the airport requires they limit their participant numbers to FOUR.

DPD Commander Tony Lopez explained why he needs advance notice of protest actions, to be able to schedule officers without having to pay short-notice overtime. Lopez revealed that his optimal staffing numbers are a one to one ratio with activists. Small wonder he was demoted to DIA from downtown District Six. Lopez also testified that he often threatens to make arrests “as a ploy” to make a crowd disperse. And “it usually works” he said. A next step is to mobilize his officers to appear to be targeting particular activists, to increase the intimidation, without an actual intention of making arrests, or justifying them. His testimony confirmed what I described to the court, of officers often threatening to arrest us, even when they had no legal basis, and telling us we needed a permit when none was required.

From the attitude of the city attorneys and the DIA personnel, one became uneasily aware that administrators don’t even blink at sacrificing civil liberties for the interests of security. If airport surveillance can’t size you up as either a traveller or meetor-greetor, they can’t predict your behavior and you’ve suddenly become a security risk. Airport customs and TSA lines are already areas inhospitable to personal freedoms. Apparently airport managers would like all their hallways and public centers to be as restricted. If cops had their way, public streets and sidewalks would be single-purpose conduits as well.

We await a federal judge’s ruling for now, with optimism in judgement superior to that of petty administrators, city lawyers and police. Seeking protection from the courts is contigent on the premise that if needed, the wisdom of the US Supreme Court could be brought to bear. Of late it’s hard to regard those justices as the brightest minds or uncorrupted. We have the Citizens United decision as an example. To which I would add, the terrible compromise that airports are not public forums.

As President Trump considers a follow-up executive order to replace his first Muslim Ban now stymied by the courts, it’s interesting to note we just marked the anniversary of FDR’s order to put Japanese-Americans, the “others” of his day, into internment camps. The supreme court of his day upheld his order. Technically that legal precedent still stands.

March on DC with your own protest message, not one dictated by NGOs. Yes, you’ll need a banner and poles.

Posted on January 18, 2017 by Eric Verlo

Organizers of the post-inaugural WOMEN’S MARCH in Washington DC this weekend are telling participants not to bring poles for signs or flags, or even knapsacks. Ha ha ha. As you travel across the country to march, remember who’s making the real sacrifice. The march coordinators are paid. You are spending the time and expense because you have something to express. Bring it. The only reason organizers want you unequipped is so your [rogue] message won’t stray from theirs. Does that sound democratic? They also have a different goal than you. Their mission is to pull off a smooth event. Yours is to make history.

As a veteran of countless protest marches, national, regional and international, I encourage newcomers to stick to their nonconformist inclinations. Independent critical thinking is what led you to take action in the first place.

To begin, THIS IS YOUR MARCH.
Washington DC belongs to you. Inauguration Day and its aftermath belong to you. Just because someone squats a Facebook event on a day conducive to public gathering doesn’t give them dibs to call the shots. A stand-alone call to arms, such as MLK’s Million Man March or CodePink’s A Billion Rising, is another matter. Spontaneous uprisings against historic events are no one organization’s to control or temper. Especially if they begin with capitulations to the state.

Here’s the usual pattern. After a FB event goes viral, nonprofit activist groups jump in to offer their expertise, resources and manpower. The nonprofits thus dominate the details and the event originators have little ground to object. Thrilled to see “their” event succeed, these new-to-the-spotlight activists don’t know that street protest is anathema to nonprofits whose existential foundation is not to disrupt politics as usual. Falling into the trap of coordinating ineffective demonstrations is often blamed on newbie error, but in Washington DC, newbies making the newbie mistakes are employees of nonprofits seeded to pretend the event had a grassroots origin. What the NGOs are really doing is setting a prescribed burn, or backfire.

Backfire: a fire set intentionally to arrest the progress of an approaching fire by creating a burned area in its path, thus depriving the fire of fuel.

Bastards! Fortunately backfire has a further meaning, probably not unrelated to the sketchy forestry strategem.

Backfire: rebound adversely on the originator; have the opposite effect to what was intended.

Just as DC lobbyists monopolize your representatives, professional activists have staked out the capitol and squatted on what is the public’s only access to speak to power. Accept their invitation to come to DC. Thank them for their legal support, their logistics and water bottles, but you’ll handle your messaging thank you.

NOTES FOR NEXT TIME
(If you’d prefer not to dwell on criticism, please skip to the section on RULES. For me, these counterproductive “mistakes” set us back every time we give them a pass.)

1. Telling participants they can’t bring stuff like food or chairs! The event’s duration is being throttled to what can be endured between meals, without a pause for rest. Do you go to meetings without chairs? In the cold outdoors one can’t even sit on the ground.

2. Hiring private security contractors, “some identifiable, some undercover”. WTF? DC’s cops, National Guard, Secret Service, and “Shadow Teams” aren’t enough?

3. Coordinating with police. What? What?! To whom Black Lives Can’t Even Matter? Sorry no.

4. Stifling expression with limits on how to carry signs. Without sticks. “Flags but without poles.” Restricting marchers to signs reinforced with only cardboard tubing. Viewed from a perspective to show the numbers, the march will bear no legible message at all.

5. Telling marchers they must handcarry small bags. You’d think they don’t want marchers’ hands free to carry signs at all.

6. Stooping to a permit, as an excuse to self-police and make participants feel honor bound to unecessary concessions (the permit terms). You don’t need a permit for First Amendment activities. NGOs use permits to effectively reserve public areas and restrict their concurrent use by others. It’s a means to control public space.

7. Scheduling the march on the day after the main event, in time to disrupt nothing. Diluting the inherent outcry, expending from everyone’s discretionary resources to converge on DC. As a result we’ll have two mobilizations. Both massive, hopefully, intead of one which could have TIPPED THE SCALE.

RULES ARE
Meant to be broken. Permit holders can enforce rules within the confines of their event area, with the assistance of authorities if needed, but not outside it. Organizer “rules” can’t be enforced on Metro, or on public streets, or along march route. DC police may pretend they have that authority but they don’t. Cops lie. Know your rights.

To hold a sign where it’s visible in a march, and big enough to where it can be seen among multitudes, you need poles.

BRING POLES.
There is no safety reason whatsoever, in Washington DC, for forbidding the use of sign poles. We’ve seen pole restrictions attempted at national conventions, in close-in urban areas with vulnerable storefront windows, but Washington’s boulevards and setbacked facades evolved with political marches. Demonstrations, parades and motorcades are everyday for DC. Your sign poles pose zero threat and you don’t have to relinquish them. Not Post-911, nor in the Age of Trump. If an NGO-deputized cop won’t allow your entry to their rally, their privatized-park, have someone wait with the contraband outside its bounds. Banners are best seen on the edges of rallies anyway. When attendance numbers reach overload, you’re golden. Move with the numbers. Otherwise wait and join in as the march departs from the rally.

What’s best for poles? Lengths of bamboo from garden nurseries. Bamboo is stiff, light, and utterly non-threatening. Eight footers will hold a banner above marchers’ heads while still allowing you to rest the poles on the ground when the march lags. Six foot lengths give you adequate leverage to keep the banner taut but are more work. Either are cheap and expendable. Bring extra. Bamboo are thin enough to hold reserve pieces bundled. You can grasp a bundle of three as readily as a single pole. Those extra poles can be allocated as you see other marchers in need.

Let’s rule out pipe, lumber and dowels for being too heavy. Broom handles are expensive. Wooden stakes are uncomfortable and too short, and apparently, too “pointy”.

Various widths of PVC are rigid enough to about eight feet. Steel electrical conduit can give you ten feet. Both are cheaply available at neighborhood hardware stores. The baggage holds of charter buses can’t accommodate pieces over eight feet.

Alternatives to fixed lengths poles would be telescoping poles such as hiking sticks or monopods. Usually these do not extend beyond five feet. Longer telescoping tool handles used for painting for example extend but won’t contract to shorter than five feet or so.

Sectional poles such as geodesic tent poles can be folded to different length permutations. Depending on the weight of your banner material, multiple tent poles may be required to provide sufficient stiffness.

The benefit of collapsible poles is that you can conceal them until you are ready. Provided you have a BAG.

BRING A BAG
There are plenty of ordinary reasons to need a bag. Lunch. Extra layers of clothing. Hat, sunglasses, bandana. Extra gloves, hand warmers, snacks, literature to share, stuff handed you at the rally.

As a banner holder you’ll need supplies like duct tape, markers and string to fix signs, and those aforementioned extra tent poles. Maybe a backup banner or gag props for an alternative photo op.

We bring bags to work, school and play. Who expects that a day traversing DC doesn’t call for a bag?

Don’t be fooled into believing that for safety reasons all bags must be clear plastic. DC surveillance can spot the excess heft of dangerous materials such as explosives or weapons, without having to see them. What they’re really looking for are items like ropes, carabiners, harnesses, goggles, which activists can use for nonviolent fun, to mix things up and entertain, provide media moments and get attention.

Besides which, clear bags will make for unsightly messy photos. Neither does your bag need to be restricted in size. Bring a backpack or knapsack. Leave your hands free to carry that sign!

The best reason for you to shoulder an ordinary opaque knapsack is to give cover for others to bring bags with necessities you overlooked. Cameras, accessories, extra socks, bullhorns, batteries, umbrellas etc.

There’s nothing so heartbreaking as a mass of people who’ve come from across the country to participate in a march that goes nowhere. An uneventful demonstration garners no press, wins no recruits, and only burns out those who thought they came to DC to effect change.

I watched half a million hispanic Americans assemble on the National Mall for Immigrant Rights. Many of those half million took a great risk marching in DC. It’s possible many as a result were deported. They could only follow the rules of course, received no media coverage, and accomplished fuck-all.

BRING CHAIRS
Come to DC with a demand, but bring more than the leverage of numbers. Carry with you the potential that you might LINGER. That’s the pressure the media can’t ignore.

Chairs, umbrellas, canopies, tents, enhance your stamina and protect you from the elements. The longer your protest runs, the more time there will be for latecomers to join in. That’s the momentum the state is worried about. Project that.

“Power concedes nothing without a demand. It never did and it never will.” – Frederick Douglass

Douglass also said: “If there is no struggle, there is no progress.” Your march organizers have promised their DC colleagues a toothless beast. It’s not what they tell their donors, nor how they phrased their invitation to you. You brought your physical body to DC to support the cause. Is it theirs to squander?

Enbridge Dakota Access Pipeline and U.S. Army Corps of Engineers stopped by who else but Standing Rock Sioux

Posted on August 24, 2016 by Eric Verlo

Native American activists have been converging in North Dakota to stop the Dakota Access Pipeline which is encroaching without permission on tribal lands. They’ve delayed construction though the industry already secured an injunction against them. Their main complaint is that it threatens their water. Fittingly the first step authorities took against the growing protest was to take their water. Purportedly because some campers were allegedly endangering corporate surveillance planes with laser pointers.

BREAKING: Denver judge rules DPD “Shadow Officers” will be compelled to testify in Guy Fawkes protest case

Posted on July 12, 2016 by Eric Verlo

DENVER, COLORADO- Judge Theresa Spahn ruled this morning that Commander Fountain of DPD Intelligence, and “Shadow Team” Lieutenants Mitchell and Jimenez, will be compelled to testify in the case of Selayna Bechtold, a 19-yr-old arrested at last November’s Guy Fawkes Day march. Selayna was accused of obstructing the roadway and was among nine jailed that night, out of one hundred who marched. Curiously, a document accidentally released into one of the defendant’s discovery evidence revealed that 27 of those 100 were “shadow officers”. That march was 27% cop. From a leaked DPD crowd management manual we know that undercover shadow teams assist the arrest teams by pointing out “persons of interest”. What Cmdr Fountain and his men can testify to is how the undercovers pretend to be protesters. Do they take the streets? Do they pretend to assault policemen? Do they ingratiate themselves with real protesters by encouraging or leading in acts of unlawfulness? The city lawyers lost their bid to quash the subpoena motion of the intelligence and shadow personnel, but they will probably keep resisting defense efforts to shine the light on Denver’s heavy handed suppression of public protest. Even funnier: have them watch surveillance footage of the march and ask them to identify those seen misbehaving. Which are protesters and which are cops? If neither side know, there’s a 27% chance they are cops!

UPDATE: This afternoon, after the jury was seated and after opening arguments were made, the city lawyers told the judge they finally had the chance to review the defense evidence, which included a video of Selayna being jumped from behind, dragged across the street, tugged this way and that until eventually piled upon by riot officers. Based on that video, the city no longer wished to proceed. That video had been posted to Facebook within minutes of Selayna’s arrest November 5th of last year. It’s remained online for nine months. Count me among activists who thought the authorities scrutinized social media more closely. Was this the reason or did higherups spend lunchtime discussing what shadow officers were going to reveal? The testimony of shadow officers will have to wait until the next pending tials, five remain and all the defense lawyers have now motioned to subpoena these gentlemen. Selayna’s courtroom by the way was filled with Denver city attorneys preparing for those upcoming cases…

The Lindsey Flanigan Courthouse Plaza protest timeline (July 2015 – present)

Posted on June 23, 2016 by Eric Verlo

UPDATED: This is a timeline of the legal battle which began in July 2015 over activists’s right to protest in the Lindsey Flanigan Courthouse Plaza. It explains why activists with Occupy Denver did not believe they were being given lawful orders when commanded to stop and why activists still believe the DPD were wrong to make their arrests. The city’s charges of “encumbrance” and “obstruction” appeared calculated to circumvent a federal injunction protecting the public’s First Amendment rights.

July 27, 2015
Mark Iannicelli and Eric Brandt distribute jury nullification literature at Lindsey Flanigan Courthouse (LFC) plaza. Mark Iannicelli is arrested and jailed for two days, charged with seven felony counts of jury tampering. #15CR03981 (charges dismissed 12/16 by Judge Plotz).

Aug 7
Warrant is issued for arrest of Eric Brandt for same incident, same charges. Eric Brandt is arrested and jailed #15CR04212 (charges dismissed 12/16).

Aug 14
Colorado 2nd Judicial District Chief Judge Michael A. Martinez issues order CJO-1 barring protest, including structures, in LFC plaza. (The Chief Judge later explained that his motivation was to preempt racial unrest on occasion of potential death sentence being given to African American Dexter Lewis, so soon after Aurora Theater Shooter James Holmes, who is white, had been spared the death penalty.)

Aug 17
Through attorney David Lane of Kilmer, Lane & Newman, plaintiffs Eric Verlo, Janet Matzen & Fully Informed Jury Association file complaint for federal injunction protection against continued arrest of jury nullification pamphleteers in LFC plaza

Aug 19
Having become apprized of CJO-1 posted at courthouse, Verlo et al file amended complaint to include a challenge of the “plaza order”. US District Court Judge William J. Martinez grants an injunction hearing for August 21.

Aug 21
1. An AMENDED CJO-1 is posted to courthouse entrance. Colorado Chief Judge Martinez amends PLAZA ORDER prohibitions to apply only to “highlighted area”, not entire plaza.

2. US Judge Martinez hears oral arguments on federal injunction. LFC plaza is stipulated to be not just a “designated” free speech zone but a “traditional” free speech zone.

Aug 25
US District Judge William Martinez grants preliminary injunction, strikes first paragraph from amended plaza order. He rules the prohibitions in the highlighted area cannot limit non-amplified speech, the accosting of passersby, or the distribution of literature.

Aug 26 FOUR ARRESTS
8am: New REDACTED amended CJO-1 [Plaza Order] is posted on glass door of Lindsey Flanigan Courthouse. Occupy Denver activists initiate an all-day protest to distribute FIJA fliers.

10am: Protesters erect a popup canopy which is immediately confiscated by DPD citing activist lack of permit. Other materials confiscated include table, chairs, drums, banners, signs and jury nullification brochures. However there are no arrests or citations.

1pm: City Attorney Wendy Shea agrees to have DPD return confiscated property. DPD equivocates (for two days), citing lack of a specific person to whom property should be released.

3pm: Plaintiffs Verlo et al file motion to hold DPD in contempt of federal injunction for the confiscations. (DPD was later found not to be in contempt because evidence was not conclusive that literature had been confiscated.)

9pm: Occupy Denver erects three tents. DPD and SWAT seize the tents. Four protesters arrested for “obstruction”: William Hall #15GS012195 (took a plea deal: probation and area restriction), Adrian Brown #15GS012196 (trial 3/8, not guilty obstruction & failure to obey, guilty interference, 20 days jail, on appeal), Fred Hendrich #15GS012197 (case dismissed 6/13), Eric Verlo #15GS012198 (trial 1/11, guilty obstruction & interference, 20 days jail, on appeal)

10pm: Remaining protesters stay overnight in sleeping bags awaiting release of arrestees. (Thus begins a 24-hour protest which continues for 56 days.)

Aug 28 ONE CITATION, TWO ARRESTS
4pm: After further calls to city attorney, the canopy is reclaimed from DPD property, and is erected immediately. DPD confiscates it as “encumbrance”. Citation is issued for dog off-leash to Caryn Sorado #15GV552914 (dismissed 11/24 via plea deal)

7pm: Immediately after his delayed release from jail, Adrian “Monk” Brown erects a tent. Within half hour, while walking his dog at South end of plaza, Brown is arrested by DPD and tent is confiscated. #15GS012303 (trial 11/16 w Rodarte, jury finds Brown NOT GUILTY)

8pm: Eric Brandt protests Brown’s arrest, chases DPD Commander Lopez car, arrested. #15GS012304 (trial 8/24 w Spahn)

Sept 1
8am: Hearing before US judge Martinez to hold DPD in contempt. Paying a visit to the Denver Department of Pubic Works, activist learn that there is no permit required for “free speech activity” and furthermore the department does not have jurisdiction over the Lindsey Flanigan Courthouse plaza.

4pm: Activists erect three empty tents marked with bold letters “JURY NULLIFICATION TENTS”. At 6pm, DPD arrives in force to confiscate the three tents, and pass out paper notices [Encumbrance Notice] which read:

“!!Notice!! It is illegal to place ANY encumbrance on the public right of way. An encumbrance is defined as “any article, vehicle or thing whatsoever” which is on “any street, alley, sidewalk, parkway or other public way or place.” D.R.M.C. § 49-246 et. seq. The manager of Public Works may order all encumbrances in the public right-of-way to be removed. The failure to remove items so ordered is a criminal offense; the maximum possible penalty for which is up to one year in the county jail and/or up to $999 fine. PLEASE REMOVE ALL PERSONAL ITEMS FROM THIS AREA. If personal items are not removed immediately, you may be subject to an order of removal at which time all items will be subject to removal by the Denver Police Department. Agency – Denver Police Department”

The Denver ordinance cited above reads:

“§ 49-246. The manager of public works or the manager’s designee (hereinafter in this article, “manager”) is authorized to remove or to order the removal of any article, vehicle or thing whatsoever encumbering any street, alley, sidewalk, parkway or other public way or place (any such thing hereinafter in this article to be called an “encumbrance”). The manager may prescribe appropriate methods, specifications, placement and materials for encumbrances in the public right-of-way.”

Sept 3
US District Court Judge William Martinez rules DPD is not in contempt because evidence was not conclusive that literature had been confiscated. (Note: plaintiff’s order to show cause was filed on 8/26 before that evening’s arrests.)

Sept 7
In the LFC Plaza, city workers install steel signs in center of plaza which read: “NOTICE In reference to DRMC Sec. 49-246 this plaza must remain free from all encumbrances/obstructions – Denver Public Works”

Sept 8
4:30pm: DPD conducts sixth raid on protest, confiscating everything that can’t be gathered and held by activists.

Sept 11
Night raid, to avoid arrest everyone must stand and gather personal items as if to leave.

Sept 12
DPD Night raid. Everyone made to stand, no arrests.

Sept 13
Night raid, stop and frisk of Timothy Campbell because he “looked threatening” to an HSS security guard. Campbell is handcuffed but released. Michael Moore is issued a citation for having his dog Lizzie off leash #15GS013171 (1/5 plea deal, six month probation).

Sept 14
DPD confiscates “encumbrances”: chairs, flags, banners, toilet paper

Sept 15
While Michael Moore is loudly protesting at doors of jail about delayed release of Eric Brandt, jail deputies assault Moore and attempt to take him into custody. DPD arrives and delivers Moore to Detox. No arrests.

Sept 16 ONE ARREST
Surveillance operator observes Jose “Pedro” Trejo urinating in public. DPD force arrives, Pedro arrested #15GS013298 (Plea deal, time served, $50 fine).

Sept 17
1am night raid makes 12th raid. DPD threaten arrest for “violation of urban camping ban”

Sept 18 FOUR ARRESTS
While activists are celebrating 4th anniversary of Occupy Wall Street, DPD evict assembly citing encumbrances, arrest Eric Brandt #15GS013512 (trial 8/29 w Spahn) and confiscate majority of protest equipment and personal property, warn others to leave and face arrest upon return. Activists return and DPD arrest three more: Adrian Brown #15GS013537 (dismissed 3/18), Jay Maxwell #15GS013517 (plea deal, year probation), and Timothy Campbell who is tackled and charged with assault #15CR05088 (jailed 4 days, charges dropped 9/22).

Via their attorney, plaintiffs Verlo et al receive Spoliation Letter to preserve all correspondence, media, eg. evidence of activities in plaza, from August 2015 onward.

Sept 19 ONE ARREST
2:38am: Later that night, Mark Iannicelli is arrested for not removing his chair from plaza #15GS013527 (District court considering motion to dismiss)

Sept 24 THREE ARRESTS
Possible police agent sent into camp to provoke fight. Arrest of Adrian Brown #15M08835 (charges dropped) and Matthew Lentz #15CR05197 (jailed 5 days, charges dropped 9/28). Brandt arrested for interference #15GS013823 (6/13 trial ended in hung jury. Retrial is 8/1 w Faragher).

Sept 25
Adrian Brown files motion for expanded discovery on 8/26 tent arrest case (#15GS012196). Sept 25 is before the 30 day period after which HALO camera footage is regularly overwritten. (Other 8/26 defendants will be told their discovery motions were filed too late to prevent destruction of HALO surveillance video. Although all motions were similarly worded and requested the identical evening’s footage at Brown.)

City challenges temporary injunction with US Court of Appeals.

4pm: CURFEW notice posted by City workers who install eight steel signs on periphery of plaza declaring a curfew. Signs read:

“NOTICE The grounds of the Lindsey-Flanigan Courthouse and the Denver Detention Center are closed to the public from 8:30PM until 7:30AM. Except to conduct official business within tne facilities. Violators are subject to citation or arrest pursuant to D.R.M.C 38-115”

7:25pm: Activist are driven off the plaza by DPD. Protest continues overnight on sidewalk along Colfax Ave. DPD conduct night raid forcing everyone to stand and gather sleeping bags as usual.

Sept 26
Protest relocates across Colfax Ave to triangle shaped park on Northwest corner of Tremont and Colfax.

Sept 28?
After an activist discussion of an alternative fallback location being the plaza in front of the Wellington Webb Building, we discover curfew signs have now been posted there too.

Sep 30
City of Denver files motion to dismiss injunction.

Oct 6 ONE ARREST
Possible infiltrator disrupts camp by stealing property. She is ousted by Caryn Sodaro but later files a complaint in municipal court seeking a protection order against Sodaro. Warrant is issued for Sodaro’s arrest #15GS014734 (11/18 plea deal, 150 days jail).

Oct 9
Plaintiff files response to motion to dismiss.

Oct 16
Reply brief by plaintiffs

Oct 21 ONE ARREST
On first day of rain since plaza protest began, DPD effects full eviction of COLFAX CAMP. Confiscates personal property and protest materials. Hauls much of it in a garbage truck. Eric Brandt is arrested for obstruction and interference #15GS015407 (trial 9/7 w Spahn)

Oct 26
Reply from plaintiffs.

Nov 12
Reply in support of defense

Nov 16
Jury finds Monk Brown no guilty of 8/28 obstruction. Judge Nicole Rodarte in 3G. Deputy city attorney prosecuted the case.

Nov 17
Oral arguments to court of appeals, courtroom III

Dec 16
Denver District Court Judge Kenneth Plotz dismisses Jury Tampering charges against Mark Iannicelli and Eric Brandt (city does not appeal).

Jan 11
8/26 tent arrestee Eric Verlo found guilty of obstruction and interference, 20 days jail. Represented by public defender. On appeal based on ineffective assistance of counsel.

Jan 13
City makes first request for plaintiffs to show documents to defendants, as per spoliation letter. (Meanwhile activist defendants have received discovery motion responses that surveillance video is overwritten and all of city correspondence is privileged.)

Feb 1
Plaintiffs Verlo et al are informed that US District Judge William Martinez wishes to hold a full trial to consider a permanent injunction. Depositions will be recorded on Feb 12.

March 8
8/26 tent arrestee Monk Brown found not guilty of obstruction and failure to obey, but guilty on interference, sentenced to 20 days jail, on appeal based in inconsistent verdict.

March 16
Mark Iannicelli arrested again distributing JN fliers #16GS003320. He’s detained and cited for harassment and violation of CJO-1. Released within hours, charges dropped are 3/18.

May 2
Verlo et al file motion to show cause why former Denver defendants should not be held in contempt of court for the March 16 arrest of Mark Iannicelli. Filing was delayed because city refused to produce discovery evidence. Plaintiffs had to file a CORA request to learn facts of Iannicelli’s arrest.

May 11
Deposition of Chief Justice Michael Martinez

May 31
Order received from Federal Judge William Martinez:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Per D.C.COLO.LCivR 7.1(d) and Federal Rule of Civil Procedure 6(d), the Denver Defendants’ deadline to respond was May 26, 2016. Denver filed nothing on that date, and has since filed nothing. Accordingly, the Court could deem the motion confessed. Solely in the interests of justice, however, Denver is ORDERED to file a response on or before June 3, 2016. No reply will be accepted without prior order or leave of Court. SO ORDERED by Judge William J. Martinez on 05/31/2016.

June 1
Motion to dismiss 8/28 chair arrest of Mark Iannicelli moves case to district court. Dismissal expected.

June 3
City responds to motion to show cause.

June 13
Fred Henrich 8/26 tent case dismissed.

June 20
Federal judge William Martinez responds:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Given the nature of the alleged violation of this Court’s preliminary injunction, and given the lack of evidence that the alleged violation presents an ongoing problem, the Court sees no pressing reason to address potential contempt at this time. Plaintiffs are therefore DIRECTED to file a notice, no later than June 24, 2016, explaining why the Court should give priority to their motion. Otherwise, the Court intends to set this matter for a hearing immediately following the bench trial scheduled to begin on April 17, 2017 between Plaintiffs and the Second Judicial District. SO ORDERED by Judge William J. Martinez on 06/20/2016.

June 22
Jury trial for Eric Brandt’s 9/24 interference arrest results in hung jury. Retrial scheduled for 8/1 w Judge Faragher.

—-

NOTES:
A. List of 2015-16 plaza arrests (20) & citations (2)

No. Name: Date: Offense: Result:
1. Mark Iannicelli 7/27 (jury tampering) DISMISSED 12/16
2. Eric Brandt 7/27 (jury tampering) DISMISSED 12/16
3. William “Reno” Hall 8/26 TENT (obstr.) PLEA, prob., area restriction
4. Adrian “Monk” Brown 8/26 TENT (obstruction) NOT GUILTY obstruct & failure, GUILTY interference
5. Fred Hendrich 8/26 TENT (obstruction, interference, failure to obey) DISMISSED 6/13
6. Eric Verlo 8/26 TENT (obstruction, interference) GUILTY, 20 days jail, on appeal
7. Caryn Sodaro 8/28 (DOG citation) PLEA deal
8. Adrian “Monk” Brown 8/28 TENT (obstruction) NOT GUILTY 11/17
9. Eric Brandt 8/28 (failure to obey) ***trial 8/24
10. Michael Moore 9/13 (DOG citation) PLEA deal
11. Jose “Pedro” Trejo 9/16 (urinating in public) PLEA deal
12. Eric Brandt 9/18 TARP (obstruction) ***trial 8/29
13. Jay Maxwell 9/18 HANDCART (obstruction) PLEA deal
14. Adrian “Monk” Brown 9/18 A COOLER (obstr) DISMISSED 3/8
15. Tim Campbell 9/18 (assault/resisting) DROPPED
16. Mark Iannicelli 9/19 CHAIR (obstruction) to be dismissed
17. Matthew Lentz 9/24 (assault) DROPPED
18. Adrian “Monk” Brown 9/24 (assault) DROPPED
19. Eric Brandt 9/24 (interference) ***hung jury, retrial 8/1
20. Caryn Sodaro 10/6 (disturb, threats) PLEA deal, 150 days concurrent
21. Eric Brandt 10/21 WET PILE (obstruction) ***trial 9/7
22. Mark Iannicelli 3/16/2016 (harassment, violation of CJO-1) DISMISSED

B. Running tally:
Cases dropped or dismissed: 9
Not guilty verdict, obstruction: 2
Guilty verdict, interference: 1
Guilty verdict, obstruction & interference: 1
Plea deals: 6
Cases outstanding: 4

3. Trials still scheduled:
August 1, Eric Brandt (9/24 interloper interference), RETRIAL, LFC 3H
August 24, Eric Brandt (8/28 Lopez failure to obey), jury trial, LFC 3F
August 29, Eric Brandt (9/18 tarp obstruction), jury trial, LFC 3F
September 7, Eric Brandt (10/21 Tremont obstruct.), jury trial, LFC 3F
April 17-19, 2017, Verlo v Martinez, permanent injunction, Araj Federal Courthouse Rm A801

You won’t see Michael Marshall in his jail death video because his body is obscured by five deputies killing him

Posted on January 21, 2016 by Eric Verlo

DENVER, COLORADO- Never mind the video showing the in-custody killing of trespass suspect Michael Marshall, says Denver District Attorney Mitch Morrissey, “Most of Mr. Marshall’s body is not visible in the majority of the video footage after he is taken to the floor because the deputies bodies’ block the view of the camera.”

That’s right, it took five sheriff deputies to keep the 112 lb. Marshall floored. “He was surprisingly strong” said one of the deputies, which is the same compliment deputies paid to Marvin Booker, another 135 lb. 50 year-old African American man whose schizophrenic episode was treated with a lethal dose of dispassionate elbow grease.

The Denver DA announced today he had no plans to prosecute the dentention center deputies for Marshall’s sudden involuntary release from confinement. The DA ignored terrifying details from the earlier coroner’s report but adds previously unknown facts which will be revealed when the video is made public later this week. He reports that “OPN devices (nunchucks) were used on Mr. Marshall’s ankles” and “a leg chain was placed on his lower legs.” Michael Marshall “struggled on the floor for over 2 minutes before he went limp.” and it took deputies 13 minutes and 20 seconds before Marshall was placed into a restraint chair where nurses discovered he wasn’t breathing.

Ignored completely are the damning details listed by the medical examiner: the blood in Marshall’s lungs and pulverized muscle tissue consistent with beating.

Instead Morrissey concentrates on aspiration as cause of death. Did it cause Marshall’s death or did others factors contribute? By other factors he’s not talking about the 900lbs of deputees.

As with Marvin Booker, police experts blame not the excessive use of force but the victim’s exertions against the force, struggling to breathe under a pile of officers very specifically. I’m reminded of the adage, it’s not the fall that kills you, it’s the sudden deceleration at the end. Michael Marshall couldn’t breathe, he kept trying alegedly, and the officers weren’t going to loosen their hold until he was comatose.

The city attorneys office plans to release the jail surveillance video tomorrow. You won’t see Michael Marshall but you’ll see the deputies who wrestled the slight-built Marshall to his death. The DA report lists their names: sheriffs deputies Bret Garegnani, Carlos Hernandez, Smajo Civic, Thanarat Phuvapaisalkij, and Sarah Bautista.

Marshall’s death hasteners join Marvin Booker’s killers, deputies James Grimes, Kyle Sharp, Kenneth Robinette, and Sgt. Carrie Rodriguez, all still on the jailhouse team. Except Deputy Faun Gomez, who was disciplined for another excessive force infraction and now serves with the highway patrol.

Motion hearing for 4/29 protest arrest brings out affinity of cops and judges.

Posted on December 9, 2015 by Eric Verlo

DENVER, COLORADO- A local activist flipped off a municipal court judge. Yes, it’s not done, but the consequence was more severe than even the judge intended. She was attending a motions hearing of a fellow protester accused of disobeying a cop. During DPD testimony an officer was narrating a surveillance video which the audience was unabe to see. She tried to shift seats but was told to sit down. After two admonishments, she complied in silence but made a disrespectful gesture where she sat behind the flat screen monitor, where she thought the judge wouldn’t see. But a clerk did see the gesture and told the judge. Judge Nicole Rodarte, no friend of political activists and facing a roomful of them, immediately had her held in contempt of court for the remainder of the hearing. Contrary to instructions, the unnamed activist was taken across to the jail to serve a sentence of ten days. We’re not sure yet who was complicit with the mixup. Here’s what happened:

It was a hearing no Denver street activist wanted to miss. Habitual free-speech offender Jesse Benn is accused of disobeying a lawful order, being on the street, failure to disperse, etc, etc, at the April 29 march solidarity march for the people of Baltimore upset about the in-custody murder of Freddy Gray. Jesse’s jury trial will follow shortly.

At this motions hearing, the unpopular motorcycle cop Michael Rispoli was testifying as to the evidence against Jesse. Officer Rispoli is uniformly reviled for his tendency to ram his motorcycle into peaceful marchers. At the April 29 march, Rispoli dropped his motorcycle, feigning having been pushed by bicyclist Michael Moore. A SWAT crew piled on Moore, protesters rushed to his defense, this precipitated more arrests and prompted the police to pepperspray the crowd which included a number of small children. Justified by the attack on Officer Rispoli. Jesse Benn recorded the video which proved Rispoli’s lie. All charges were dropped against Moore, but the rest of the arrestees are being prosecuted, including Benn.

Rispoli by the way has been reassigned to DIA. After six years on the downtown motorcycle crew, monitoring and herding political demonstrations, he’s been demoted to the airport.

So at this hearing Bad Cop Rispoli was proudly testifying about the crowd-control techniques of the motorcycle unit. Very, very informative. At one point the prosecution played a police surveilance video so that Rispoli could give the play by play, point out offenders, and share his strategy. Except the audience couldn’t see the video screen. The content wasn’t forbidden, the judge just saw no need to make a screen available to the public. This being a public hearing.

It was frustrating, and said audience member rose to move about to catch a glimpse of the video. Judge Rodarte told her to sit down. She explained the problem, the judge only repeated her warning. She returned to her seat and apparently formed a finger with her left hand, thrown down behind the large screen monitor, where we couldn’t see, nor even the judge. The courtroom clerk spotted it however and told the judge.

Judge Rodarte promptly asked the deputees to remove the activist to an adjacent room used for in-custody defendants. She informed us that the activist was being held in contempt and her case would be handled at the close of the hearing, hopefully before the lunch break. The hearing resumed without further incident, except more lies from Rispoli. One lie prompted defendant Benn to hold a notepad aloft, for the audience’s eyes only, on which he’d scribbled “perjury!”

The hearing ended before lunch. Judge Rodarte excused herself to review the activist’s criminal record. Rodarte emerged from her chambers to announce that the matter would be addressed after lunch.

When court resumed at 1:30pm, Offender X was brought back in from the side door. Judge Rodarte gave a brief lecture about how X’s act had insulted the integrity of her courtroom and the justice system, etc. She asked if X had anything to say in anticipation of sentencing.

X gave a similarly brief speech about what she’d witnessed in Rodarte’s courtroom and the affront it represented to the public. X closed by declaring she welcomed whatever consequence the judge wanted to throw at her.

“I sentence you to two hours, time served” said Judge Rodarte. She ordered the sheriffs to release X, when they were done with her, or words to that effect.

We went to the jail to await X’s release, anticipating the usual booking delay. We eventually learned that X was supposed to serve a ten day sentence for contempt of court. It took us 35 hours before the error was sorted out. The detention center staff had admitted X with absolutely no authority to do so, certainly no documents remain on file. There is no paper trail and the Office of the Independent Monitor and Internal Affairs are trying to sort it out. Stay tuned.

The case against activist Jesse Benn raises the penultimate question about the right to march in protest. Jesse Benn is charged with being in the street. Traffic laws favor cars over people in the use of public roads, but does a vehicle’s right of way always abridge the people’s right to assemble? Hundreds of demonstrators marching to seek redress of grievances need the road too. Very often authorities tolerate protesters taking the streets for that very reason. Or because authorities have already blocked the streets. It’s complicated, and Jesse Benn might be being punished here because he took the video that implicated a bad cop. The system wants to use Jesse Benn as an example. Activist need to use Benn as their example, to teach the city a lesson about wrongful arrest and our civil liberties.

Who okayed Chicago’s $5 million hush payment for killing Laquan McDonald? Did buck stop with Rahm Emanuel?

Posted on December 2, 2015 by Eric Verlo

Laquan McDonald’s murder was covered up for over a year, five million was paid to his family to keep the killing under wraps. The Chicago police officer who shot McDonald was only charged after the video came to light. Laquan McDonald was killed on October 20, 2014, two months after Michael Brown. Ferguson protests were in full swing. Imagine if the communities of South Chicago had seen the video when Black Lives Matter was in ascendance. It’s hard to say from how high heads should roll over this scandal. Were the Ferguson and Baltimore riots countered from above? Was riot police strategy coordinated by agencies above municipal hierarchies like Chicago’s? We know the Baltimore protests were monitored by FBI surveillance flights. Chicago mayor Rahm Emanuel most certainly should be forced to resign, but the authority which quashed the Laquan video is no doubt sitting on others, and this abuse extends beyond racism. Laquan McDonald’s killing and coverup didn’t just happen 400-odd days ago. It happened in the thick of Black Lives coming to Matter. Chicago cops were deleting Burger King security camera video while Ferguson solidarity protests were happening in Chicago.

Police raid Occupy Denver camp, issue citation for having OD leader off-leash.

Posted on August 29, 2015 by Eric Verlo

DENVER, COLORADO- Occupy activists had no sooner retrieved their pop-up canopy, which the Denver police had been ordered to return, and re-erected it, when riot cops marched in again to re-confiscate it! After tearing down the now usual “encumbrances” Friday morning, this time the canopy, table and chairs, and not also the handcart, drums, signs, banners, brochures, water, and personal items, the officers were determined to issue a citation. But for what? Apparently LIZZIE had been spied off-leash on the city’s Halo surveillance cameras.

Lizzie’s owner was not on the scene, but the humble Canis Lupus Coracinus had been entrusted to fellow Occupier Caryn Sodaro, who swore to break pig skulls before she would ever surrender Lizzie to the pigs. Behind the SWAT team and shielded riot cops, two officers were approaching with a black leash.

Onlookers have described the strange tiptoeing that’s overtaken the latest dances between activists and the DPD, but witnesses to this scene can attest they were bracing themselves for both Caryn and Lizzie’s abrupt demise. Fortunately the DPD deescalated and wrote a citation as other Occupiers took photographs of the surreal show of force. The circus, a literal circus, was calculated no doubt to overcome Occupy’s well broadcasted Oppositional Defiant Disorder.

It’s presumed DPD Intelligence knew that Lizzie had been anointed the newest leader of Occupy Denver. Their recordings would also have reflected that we expected she be accorded diplomatic immunity from the city leash law. Lizzie is the successor of Shelby, the border collie who made news in 2011 as the inaugural “leader” of Occupy Denver, when Colorado Governor John Hickenlooper wouldn’t accept a leaderless movement.

Is Dzhokhar Tsarnaev guilty of a worse crime than US forces commit overseas?

Posted on May 12, 2015 by Eric Verlo

Does the “Boston Marathon Bomber” look like he deserves the death penalty? Funny, you don’t even know what he looks like. US authorities have been meticulous about controlling images of Dzhokhar Tsarnaev since the manhunt for the teen and his older brother ended in extrajudicial firing squads which teen Dzhokhar survived. He’s been in custody since then and the only more recent image his captors released was of Dzhokhar giving the finger to a jail cell surveillance camera. This to influence the jury to give the death penalty. Why the embargo on images? Are authorities afraid the public will feel sympathy for the disfigurement Dzhokhar suffered from his fusillade? Where defense attorneys not permitted to submit images of Dzhokhar smiling? Is the image ban in effect a media blackout? Remember how Saddam Hussein’s trial was broadcast without sound? Now US dumb justice has become literally blind, all Star Chambers and spectral evidence.

Is Dzhokhar Tsarnaev guilty of a worse crime than US forces commit overseas? If an American sniper turned in the Tsarnaev brothers headcount, he’d be handed a potato peeler and punished with kitchen duty. Dzhokhar Tsarnaev is a small fry. US drone pilots eat massacres like the Boston Marathon for breakfast.

Five Rag-Tag Protestors Beat On Plastic Buckets and the Rich Shit Their Pants

Posted on May 8, 2015 by David Lee Anderson

As Chris Hedges observed below, you can’t have a revolution while sitting at home in front of the TV watching the next installment of Kim Kardashian.

If you can find the courage to skip just one show, go to the streets; what you find, might surprise you, Likeminded people, just like yourself. That is what the people of Baltimore discovered. Some people saw only rioting, but that was the corporate media spoon feeding the citizens. What really happen was the citizen got really pissed off at the system and went to the streets demanding change; it made the rich panic to the point that they indict some of the policemen. I remind you, they were only charged not convicted. This was a tactic used to defuse and distract the organized citizens.

If you think the rich did not panic over the citizens in the streets of Baltimore, you need to read about the federal surveillance.

This week in Denver; Tattered Cover 5 Receive Mixed Verdicts, One Courtroom Observer Arrested.

Of all the courtrooms and trials I have set through, I don’t believe I ever saw a grander puppet show. The rich used all of their power in the system to stop a few protesters from beating on a plastic buckets. The long and short of it; these 5 rag-tag protestors, beating on their plastic buckets, scared the shit out of the rich.

The rich used their puppet policemen and prosecutor, all at the expense of the taxpayer.

At this mockery of justice, I observed something I had never seen before, the policeman, who was the prosecutors star witness, and supposed to be impartial (you know; only doing his duty) sat between the two prosecutors for the entire trial as though he were a back up prosecutor.

In those famous word of Martin Luther; “How Long?” and the people responded, “Not Long”.

Many cities in America watched as the sleeping giant in Baltimore awoke from a slumber and this is what made the “Rich Panic”. There is more of us then there is of them and they know it.

Time to turn the corporate TV off and organize.

Make the Rich Panic
Posted on May 3, 2015
By Chris Hedges

“This is called revolution. It is about ripping power away from a cabal of corporate oligarchs and returning it to the citizenry. This will happen not by appealing to corporate power but by terrifying it. And power, as we saw in Baltimore, will be terrified only when we take to the streets. There is no other way.”

“The fundamental law of revolution, which has been confirmed by all revolutions, and particularly by all three Russian revolutions in the twentieth century, is as follows: it is not enough for revolution that the exploited and oppressed masses should understand the impossibility of living in the old way and demand changes, what is required for revolution is that the exploiters should not be able to live and rule in the old way. Only when the “lower classes” do not want the old way, and when the “upper classes” cannot carry on in the old way —only then can revolution win”

The frequently cited St Paul Principles had their time and place: ST PAUL

Posted on May 3, 2015 by Eric Verlo

In my circle they’re called “Saint Paul’s Principles” because my colleagues think the edicts are Catholic I guess. The St Paul Principles came from St Paul Minnesota, circa 2008, and were formally adopted by the varied groups organizing to disrupt the Republican National Convention of 2008. They’ve lived on as guiding principles for activists of all ilk. In 2011 many Occupy encampments ratified the StPP as their own code of conduct, indifferent to whether they were applicable or even beneficial. Let’s examine the well intended dogma. Do they apply universally? Are they constructive? And how did they work out for St Paul? The last one is easy. As you may remember, disruption of the 2008 RNC failed spectacularly.

The St. Paul Principles

1. Our solidarity will be based on respect for a diversity of tactics and the plans of other groups.

2. The actions and tactics used will be organized to maintain a separation of time or space.

3. Any debates or criticisms will stay internal to the movement, avoiding any public or media denunciations of fellow activists and events.

4. We oppose any state repression of dissent, including surveillance, infiltration, disruption and violence. We agree not to assist law enforcement actions against activists and others.

It’s hard to argue against this elegant expression of solidarity. With the SPPs, the protest organizers aimed at preempting COINTELPRO style disruption from generating conflict within the movement. The implicit condemnation of violence was of state sponsored violence, not authentic barricade defense. And no snitching. The SPPs addressed the problems which were already scuttling Denver’s 2008 DNC protests. In Denver, “Recreate ’68” planners let the press infer they meant to revive the Chicago riots of 1968, prompting almost every traditional social justice group to circulate a contract which everyone was expected to sign. It was a vow of nonviolence. Organizations who refused to sign were ostracized and could expect the violent police clobbering they invited.

Essentially the SPPs aimed to unite the nonviolent and non-nonviolent activists, to ensure neither denounced the other, and that physically neither wound up caught in each other’s fights or sit-ins. Probably the chief concession was being asked of the nonviolent crowd: Please, as long as we promise not to shroud your family atmosphere and your baby strollers in tear gas, please let the Black Blocs do their thing without your repudiation. Please. We share the same goals.

Can you begin to see where such a strategy might fail to lead?

But the St Paul organizers did share the same goals. Their aim was to disrupt the RNC via a strategy they called “3S” actions. SWARM, SEIZE. STAY. It’s easy to see why three years later Occupy Wall Street was attracted to these directives. “3S” defines Occupy and another three years on, OWS activist followed the 2014 Climate March with an action called “Flood Wall Street” the instructions for which rephrased 3S aquatically.

The “movement” to which the SPPs refer shared a goal, to disrupt the RNC, by means of swarming, seizing, and staying, by whatever tactic each member group wanted. They shared a further agreement, that the city of St Paul was to be partitioned in sectors allowing groups to conduct their actions in isolation, united in time, but separated geographically so that red zone, yellow zone and green zone participants needn’t mix and find themselves out of their respective confort zones.

The groups organizing against the 2008 RNC shared one more thing in common, bound as they were to the St Paul Principles, they were all signatories to the principles.

Do the St Paul Principles apply universally?
It’s easy to see that the 2011 OWS occupations in major cities across the country shared a similar goal. It was, if perhaps more vague than to prevent a party convention, to disrupt the wheels of commerce by means of encampments; the “3S” tactic now reduced to a single verb “Occupy”. Allies such as unions and antiwar organizations, while sympathetic, cannot be said to have shared the same determinaton to disrupt. Even MoveOn with their “99% Spring”, FireDogLake with their merchandizing, and Adbusters had to relent with the revolutionary rhetoric. Eventually OWS spinoffs like Occupy Sandy Relief began to serve functions diametrically opposed to disruption. Did they expand the “movement”? Of course. But did the more inclusive “movement” outgrown the capacity for St Paul Principles to maintain its unity? Are activists bent on disruption expected to respect and support activists determined to prevent disruption?

I know it’s lovely to imagine every social justice effort as anti-authoritarian, and whether nonviolent or indulgent, each comprises a unique wing of a broad anti-government movement. If you are prepared to pretend that everyone’s aims are progressive, we share similar enough goals and we are reformists. But if some aims are revolutionary, explicitely anti-Capitalist for example like Occupy Wall Street, then reformists are counterrevolutionary. If you think reformists aren’t Capitalism’s first line of defense, even as they consider themselves activists, then you don’t know your adversaries from your allies. To imagine that activists shouldn’t address such chasms of understanding in favor of upholding popular delusion is going to get a movement nowhere.

At last year’s Climate March in NYC, the prevailing sentiment was against Capitalism. The organizers didn’t want to mouth it, but a vast number of marchers began to grasp instinctively that Capitalism has no solution for Climate Change. The anti-Capitalist movement can become “the movement” but reformists will have to understand they are obstructionists before they as individuals can be said to share the common goal.

The St Paul RNC Welcoming Committee aimed to disrupt the Republican National Convention for a WEEK. Can activist groups as they grow and transform over years and compete for membership and community resources expect that they shouldn’t be critical of one another’s missteps or aggressions even as their goals diverge?

How scalable are the St Paul Principles? Do they apply to no matter who considers themselves part of a greater “movement”. Do they apply to signatories and non-signatories alike?

Are the St Paul Principles constructive?
I would argue: Hardly. While it seems safer to segregate the Black Bloc from the civil disobedients from the family picnic crowd, you’re not going to reach critical mass with each on its own. With public dischord still in its infancy and while we have nowhere near the numbers to defend against or deter violent repression, perhaps it is only reasonable to program our street protests according to color zones, as if marches were amusement rides for protest tourism.

If you’re satisfied to lead combatants to jail and probation for mere symbolic shows of defiance, and you’re prepared to let nonviolent activists subject themselves to brutality which even when filmed will not awaken the conscience of the sociopathic oligarchs, and you’re resigned to let the masses burn themselves out with boredom given nothing to challenge their apathy, then the St Paul Principles are for you.

CASE DISMISSED! City of Denver drops charges against Occupier Patrick Jay

Posted on March 16, 2015 by Eric Verlo

DENVER, COLORADO- Prosecuting attorneys for the City of Denver were granted their own motion to have their case against Patrick Jay dismissed for lack of evidence! Prominent civil rights lawyer David Lane was informed this weekend that all charges against Patrick have been dropped.

Patrick was arrested last December while returning to his car after a ?#?BlackLivesMatter? protest. He was seized by SWAT officers while VIDEOTAPING the snatch and grab arrest of fellow activist Max Mendieta. Patrick was charged with obstructing traffic while marchers staged die-ins at prominent Denver intersections. *

According to police, HALO cameras recorded Patrick and others blocking vehicles. The cameras might also have confirmed that their actions prevented cars from running over the marchers laying prone on the pavement. We’ll never know because the DPD now says the footage is gone. After defendants declined to take plea deals, Patrick’s defense attorney David Lane learned the HALO footage would not be available for discovery because the surveillance files had been accidentally overwritten! In view of this, David Lane motioned for a dismissal, but city attorneys assured the judge that there were DPD officers enough to bear witness against Patrick Jay. Lane vowed to compel those officers to first have to pick Patrick from out of a line up. Patrick’s jury trial was set for April, but last week city attorneys tendered their own motion for a dismissal and that motion was granted.

Patrick Jay’s charges were dropped and his First Amendment rights were vindicated, but of course the Denver Police achieved their goal of intimidating activists who have to brace themselves for arbitrary arrest even though they know their rights. Over the course of many months of marches, participation has suffered attrition not just because people are frightened, don’t want to or can’t subject themselves to arrest, but some activists who had no alternative but to take plea deals now cannot risk violating the terms of probation which forbid their participation in protests.

Only a few days after Patrick’s arrest, he and I were leaving another anti-police-brutality march when multiple DPD cruisers swooped up to us on the sidewalk. This time instead of jumping off and unto us, an officer in the lead vehicle shouted from his rolled-down window: “Scared you?!”

Yes, officer, you did. **

Arrests and harassment have helped the DPD reduce protest numbers. Because of favorable plea deals or inadequate legal representation, no one has yet had the chance to challenge the veracity of their charges, until now. Several cases, including Max Mendieta’s, are still pending. Max is also represented by David Lane. Hopefully the recognition of Patrick’s arrest being unwarranted will turn the tide.

————-
NOTES:
* PATRICK’S ARREST WAS SURREAL. Everyone was returning to their cars, putting signs into trunks etc, when the police SUV carrying riot cops on its sideboards made a slow pass. This was a development we began to notice at earlier events. Even though the officers in riot gear might not have had to show themselves during a march, they would emerge afterward on their SUVs to cruise by our vehicles, almost to a stop as if scanning our cars looking for suspicious occupants. We didn’t think much of it except this time they stopped and the entire gang lept off to seize one of our group, Max Mendieta, as he walked the few solitary steps to his car. Patrick started to film the whole incident, from when police forced Max to the ground until they hauled him into custody. We’d reconstituted into a small group of less than a dozen, activists eager to dissuade further arressts, but the riot cops elbowed past us to seize another, which Patrick filmed, and then they grabbed Patrick. Patrick asked what they were arresting him for, but the officers wouldn’t say, only that it would be listed on his arrest warrant.

Ironically their irreverant answer turned out to be incorrect. But first I want to tell you what happened when the police drove off. They left an officer behind. The SUV loaded with riot cops, minus one, stopped several car lengths away when someone noticed the error. Their sargeant had been left on the street, in his cumbersome riot gear, unable to fit in the ordinary cruisers, and barely able to catch up with the waiting SUV. I guess the SUV driver didn’t want to risk backing over his sargeant, so the fat man lumbered slowly back to his perch, his riot gear clinking with every plodding step, like a minuscule robocop, the crowd barely able to sustain its “nah-nah-nah-nah” chant for laughing so hard.

Perhaps as payback, the arrestees that night -there were four total- had to wait sixteen hours “for their fingerprints to clear.”

Back to Patrick’s undeclared charges. Due to what we could only construe to be a typo, Patrick’s citation read “database-error” where the offense was supposed to be. Patrick had to sit in jail for 16 hours, post bail, await arraignment, and seek a lawyer, knowing only that he was charged with database-error. When the magistrate asked if he pled guilty, Patrick said “To what? Database error?” “No.”

** YES THERE’S MORE TO THIS STORY TOO. After the DPD pulled their gag, the officers watched as we walked to the building under which we’d parked our vehicle. The hour having become late, we discovered the stairwell doors locked. We imagined the officers laughing as they saw us circle the office building testing every door. We soon realized that our only recourse was to descend the car ramp to the parking area, but we were afraid that the police would follow and corner us there, out of view of other late night passersby. Security cameras or no, we feared what two dozen or so cops could do to two pedestrians; what we know often happens to homeless indigents in back alleys and poorly lit spaces; what happens to African Americans in broad daylight while they scream “I Can’t Breathe!” So we waited until the police cars lost interest before we ventured down the ramp.

Not being able to count on even our own police to obey the law, knowing the brutality of which police are capable, and witnessing the capriciousness of police abuse of authority, is the terror that defines living in a police state.

US torture industry defends its murder of Marvin Booker at Denver federal courthouse

Posted on October 9, 2014 by Eric Verlo

Stop whining murderous crybabies
DENVER, COLO- Well, you’ve almost missed the most compelling courtroom drama this side of television. Although even on TV you don’t see a judge having to repeatedly admonish the audience to refrain from reacting with audible incredulity at the clueless ambivalence, awkward dissembling, and brazen lies being told on the stand by sheriff deputies and their witnesses concerning the death of Marvin Booker, 56, in their custody on July 9, 2010. National law enforcement experts have been flown in to defend the Denver Sheriff’s Department policies. It’s been quite a laugh and the jury seems wise to the scheme. Closing arguments begin Friday. If you’ve followed the Denver Post coverage you can skip the next paragraph, but those who’ve been packing the federal courtroom these past three weeks can assure you, you haven’t been treated to the half of it.

Four years ago Marvin Booker, an itinerant African American street preacher who weighed 135 pounds, died under a pileup of Denver Sheriff deputies simultaneously restraining him, kneeling on his prone body, twisting his wrists, contorting his ankles with nunchucks, choking him by the neck, and Tasing him. All of these methods are permitted means of “pain compliance”. Denver County Jail deputies assert they were trying to stop Booker from struggling. Asked one juror: “Could you keep still if you thought you were being killed?”

They held Marvin Booker in a carotid choke hold for two and a half minutes, and tased him for up 27 seconds.

Perhaps you’ve heard about the anomalies. The deputies met afterward to get their stories straight. Surveillance footage is missing, video of inmate witness testimony is missing, the taser is missing! Now everyone’s memory has gone missing too, they even try the excuse in the present. “No I don’t recall seeing myself do that in the video just now.” But most of what may be damning video is gone. The deputies were said to be high-fiving themselves afterward in an area where the camera footage is missing.

The significance of the missing taser means follow-up investigations can conclude its use is unproved. Another taser with a timestamp indicating it was deployed at an event forty minutes later, was fired for eight seconds. The video and inmate witnesses suggest Booker was tased for 27 seconds, but because the first taser surrendered to investigators hadn’t been fired at all, authorities are allowing for the implausible: that Booker wasn’t tased at all.

[work in progress]

September 11 marks 13th anniversary of a pinnacle of American ignorance

Posted on September 11, 2014 by Eric Verlo

9/11- Could Joseph Goebbels have conceived a more preposterous lie? Modern skyscrapers felled by aluminum aircraft, steel structures melted by mere jet fuel, hijacked planes not intercepted, black boxes vanished, at the Pentagon an entire plane not only vaporized but invisible to surveillance footage, a third WTC building was demolished by no impact at all, conflicting testimony from the authorities involved, air traffic control evidence destroyed, the official investigation foreshortened, and media gatekeepers ensuring that skeptical viewers are marginalized as “truthers.” Does it take an engineer or scientist to understand that the Twin Towers fell to demolition charges and not airliners? Apparently under-educated Americans think so and are willing to outsource all heavy thinking. I don’t subscribe to the theory that “if Americans only knew” our empire could change its stripes, but I do believe that unmasking “9/11” as a false-flag propaganda event in the mold of the Reichstag Fire could shed light on the fascism behind our Kabuki democracy.

Sorry, Edward Snowden is not leaking “allegations” open to USG refutation

Posted on November 4, 2013 by Eric Verlo

Corporate media doesn’t want to do its job investigating or reporting on security state mechanisms and excesses, and it’s not going to let Edward Snowden do it either. Isn’t it curious that they’re able to allege Snowden’s leaks are “allegations” instead of …LEAKS? Of course they’ve only got their corrupt selves for peer review. The US press leaves the foreign papers to break Snowden’s documents after which it can accurately say the conclusions are “reported”, giving US officials a premise to dismiss the “accusations”. Except they’re not accusations, or allegations or conclusions, they’re unveiled fact. The US security agencies aren’t reportedly violating the privacy of citizens, they ARE! And no, “everyone is[n’t] spying on everyone” the security states are spying on their peoples. Neither you, nor I are spying on anyone, except maybe via Facebook. Our oligarchs and their world security apparatus are keeping close tabs on us via wildly illegal surveillance, to the bemusement of media talking heads.

NMT has for some time been writing about how the NSA is recording all phone calls and internet transmissions, not merely “meta” data. Of course our reports were suppositions, so THANK YOU EDWARD SNOWDEN for the confirmation. Any credible response to Snowden’s revelations, whether from the White House or Angela Merkel, must begin with expressing gratitude for the moral superiority of a brave whisteblower.

“Turn off your cellphone” or police will light you up like the next Chris Dorner

Posted on April 19, 2013 by Eric Verlo

STREAMING OF CONSCIOUSNESS ON BOSTON MARATHON BOMBING DENOUEMENT: DID YOU KNOW that law enforcement can tell you “If you want to live, turn off your cell phone.”? That was shouted to an AP reporter tonight in Watertown, just before he heard officers shout “Fire in the hole” as they encircled a suspect. So they’re chasing a marathon attendee whose face matches the surveillance video, who they can refer to as a suspect with impunity if he’s dead so they’re about to Dorner his ass (Remember Chris Dorner? Remember Waco? The gov-lit inferno, not the gov-neglected “Waco” redux.) to beyond facial recognition. Boston Marathon Bombing solved.

Do cellphone beacons mess with police pyrotechnics like we pretend they do aviation electronics? Or was the officer concerned the reporter might be tweeting, enabling a suspect to triangulate his encirclement on Twitter? I bet the officer just wanted to shoot the reporter if he didn’t jump on command.

We know police have the authority to tell television reporters to turn their cameras away lest they jeopardize a SWAT stakeout. Apparently cameras also endanger oil spill cleanups. Are media reporters complicit or simply that stupid? A recent consensus of journalists asserted to me “they’re stupid” but that’s probably a cop-out, odd expression that, to protect media assets who are as enslaved by the system as police officers or oil workers.

Who knows what’s going on in Boston, er, Watertown. Major sports teams are attributed to greater metropolitan areas. Crimes are branded to satellite communities like Watertown, Mayflower, Aurora, Littleton, aka Boston, Little Rock, Denver, Denver. The point of a press pass is that your objective is supposed to be respected by the authorities. In a police state it means they can treat you like an embedded bitch.

Update: “First suspect” reported to be in custody was captured, released, and also killed. A police briefing just clarified all three congruent incongruities. Police scanner suggests the captured suspect detonated himself in custody. Twitter beat television media by an hour in relaying the development that the first suspect was killed.

Update 2: Hospital which admitted suspect won’t reveal his identity, or extent of his injuries, or his age. They were embarrassed sufficiently to admit they could confirm his gender. Most interesting, the doctor who addressed the press would not say if he worked on the suspect, but described how he had witnessed the gun fight from his home, then dressed and reported to the emergency room before the suspect was transported there. Hmm.

Now they’re evacuating blocks of Watertown, so it’s going to be a MOVE climax. Follow police instructions yes, but call them on bullshit. So far the entire narrative has come from authorities, including the inconsistencies which go unchallenged.

Crowdsourced Boston Marathon pics point to usual paramilitary suspects

Posted on April 18, 2013 by Eric Verlo

YES, MORE CSI DIY CROWDSOURCING PHOTO-ANALYSIS! If you could anticipate that criminologists would scrutinize surveillance videos for who left what at the scene, or who behaved oddly after a bomb blast, you could probably plan to evade detection, by, for example, bringing a larger bag to conceal the bag you’re going to drop off.

A soft bag would be least suspicious but would need a reinforced shell to pretend it wasn’t empty afterward. That might explain some of the bag photos cropping up online, some of them dismissed because they’re mistaken for before shots that were really taken after. It turns out the after photo of the Craft/Seal Special Ops at the Boston Marathon Bombing isn’t problematic because their full packs appear to be weightless. Yet the bags are bulging at the same time. Would your elbow be bent, or would you be rocking on your heels, bearing a full load? What are they packing, parachutes?

No need to compare their uniform backpacks with scraps of bags shredded by the bomb inside. We need to ask, what WERE these guys carrying, before then after? Obviously it wasn’t first aid equipment or anything that came in handy for this deployment, apparently. Don’t you find it disturbing that the unspeakable happened at the Boston Marathon, everyone’s scrambling to be helpful and these two authorized attendees don’t appear to have anything to do?

DPD used riot gear in dead of night to arrest camp singing national anthem

Posted on October 14, 2011 by Eric Verlo

DENVER- When Occupy Denver threatens to make a difference is when authorities have to shut it down. The sweep tonight is a good sign.
I’m not worried about Occupy Denver. I have a tent booked for this weekend, the police attack tonight will just raise occupancy rate is all. Now I’ll have to move up my check-in date to be assured a space. Colorado Police have already lost this engagement. The mere threat of arrest tonight only enlarged the protest, it didn’t frighten it off. Middle of the night arrests and tent-clearing are of little consequence. At height of the crowd strength, the police backed down. Tents will go up everywhere tomorrow. There’s not enough riot gear in the US to occupy the multitude of protest occupations. Denver state capitol here we come!

Gov Hickenlooper’s use of State Troopers to clear the capitol lawn in the middle of night probably preempted actions by other Occupy camps to draw police resources away. Next time how can they distract the popo legally? Follow Occupy Denver’s lead. Apparently peaceful, nonviolent free speech is enough to bring clampdown.

GA earlier in evening reaffirmed that movement is not about having messages heard, to be ignored per usual, but SHUTTING DOWN THE SYSTEM. It’s is not about speaking truth to power. Power already knows the truth. What it doesn’t know is extent of peoples’ determination. Denver GA wasn’t won over by voices content to keep occupation as daily sidewalk protests, lasting into winter, to usual no effect. You want protracted Wall Street protest? Antiwar vigils have been ongoing for 10 years…

Tents ARE key issue for all Occupy protests. What is your right to peaceably assemble if you can’t protect yourself from cold? Does 1st Amendment only apply in summer, during the day, and when authorities aren’t too bothered by your dissent? Thinking this movement is about getting your issues heard is to pretend #OccupyWallStreet means “Voice Off to Wall Street.” Nope. Tents are needed in Denver, Wall Street and everywhere because this movement needs to stop the system, not hector it until we lose energy & body temp.

The Denver Post doesn’t have a live camera from their building which overlooks the capitol and Occupy camp. They’re not press, they’re criminals. What they have is nominal, the view above actually, but a low rez surveillance webcam is poor excuse for a media outlet.

Those who think Occupy Denver should have decamped and gone home, are not thinking of the homeless -the fullest victims of Wall Street. Hopefully Occupy members who were praising the Denver Police so warmly in earlier GAs will stick around on sidelines at least to get lesson in police state. Of course all the members who chose to flee DPD intimidation will be welcomed back tomorrow. But voicing their next 2-cents worth? Not so much.

Police are people too, but they have a job to do. By coincidence it’s to stop you from stopping Wall Street. Yep it’s a dilemma. It’s probably no surprise that pro-fracking, pro-coal, pro-war, anti-immigrant, anti-union gov of Colorado would be against Occupy Denver. Issuing a warning of arrests to be made between 11-5am is extortion, threatening unlawful arrest is police state terrorism. Do we accept police raids tonight on Denver and Seattle camps? Protest is civil right, shelter is human right. Police state is fascist wrong.

Something to thing about: Whole crowds can be subdued by one tyrant with a gun, if they remain nonviolent. Numerical superiority counts where people have courage to act. When people say there’s strength in numbers, it’s not if you’re queued obediently to have your eye put out, or shot, or for rigged elections.

Colo. State Troopers are wearing riot gear to face Denver protesters, because post-curfew peaceful campers equals RIOT in Fascist police state.

Iraq & Afghanistan should have thought to require US to withdraw occupation every night. Military bases must violate some vagrancy law.

Cops sympathetic to 99% could have shown their mettle if they’d occupy their sick leave, occupy off-duty, occupy right to refuse unlawful orders. Otherwise state troopers are dumbasses and do not represent Colorado or 99%. I know by regulation cop IQ has max limit, didn’t know cowardice was also requisite.

Occupy Denver was won Oct 14 at 11:01PM, regardless what happens now. Threat of arrest enlarged crowd, didn’t shrink it. The movement’s momentum is proved.

Mid-night raid won’t matter. Cops wouldn’t face crowd at its largest, the Occupy protests have been emboldened past critical mass.

The 40 minute warning given to the protesters is actually the police giving themselves 40 minutes to shit their pants. The OWS juggernaut is on the move and the popo have chosen to side against 99%. Denver officers, you’re marching against the 99%. Occupy Denver will forgive you and blame your bosses. But you’ve probably heard of Anonymous’ motto.

Riot gear worn by Colorado police concedes conceit that Occupy Denver issue is illegal camping. OWS protest camp is free speech and assembly.

Who has got their boot on Rawesome Foods and the CA organic movement?

Posted on August 15, 2011 by NMT

It’s tempting to urge organic growers to push ahead with sustainable health communities, agents of the corporate food distopia be damned, but here’s what happened to Rawesome Foods: raided by Feds, food stocks destroyed, arrests and prohibitive fines. How do you combat a police state prohibiting all breaches of Big Agra’s strangle-hold on world health? Natural News has an idea, publicize the names of the Federal Agents persecuting the raw dairy evangelists. Friends and loved ones might be able to talk some sense into them. Remember, in principle these health regulators are the good guys. So whose office has got their boot on the California organic food movement? Scarlett Treviso, Terrence Powell, Kelly Sakir, Siobhan Delancey, Michelle LeCavalier, & FDA Commissioner Margaret Hamburg. Here’s how to contact them, this is your local farmer’s time of need.

Unless they’re an appointee from an industry lobby group, a professional who pursues a career in public health is more than likely interested in the public’s health. It’s up to you to bring them up to nutritional speed.

Scarlett Treviso, Senior Special Investigator, (mastermind of first raid on Rawesome Foods, heavily involved in intimidation tactics against raw dairy farmers across California) California Dept. of Food and Agriculture, Milk and Dairy Food Safety division. Office phone: 949-716-8913, Email: [email protected]

Terrance Powell, Bureau Director, Specialized Surveillance & Enforcement Bureau of Los Angeles County Department of Public Health. 5050 Commerce Drive, Baldwin Park, CA 91706, Phone: (626) 430-5150, Fax: (626) 851-3758. Email: [email protected]

Kelly Sakir, assistant District Attorney of Los Angeles County. Phone: 213-582-3394. Supervisor: Steve Cooley. Phone: 213-974-3512. Public Information Officer: Sandi Gibbons. Phone: 213-974-3525

Siobhan DeLancey FDA Press Officer, participated in the investigation of Rawesome, covers Center for Food Safety and Applied Nutrition. Phone: 301-796-4668. Email: [email protected]

Michelle LeCavalier, Environmental Health Specialist III at the Department Of Health Services: 1501 Capitol Avenue, Suite 6001, Sacramento, CA 95814-5005. Supervisor: Jesus Urrutia, Chief EHS, 6851 Lennox Ave. # 310, Van Nuys, CA 91405. Phone: (818) 902-4470

Angelo J. Bellomo, Director of Environmental Health for the County of Los Angeles, 5050 Commerce Drive, Baldwin Park, CA 91706. Phone: (626) 430-5100. Fax: (626) 813-3000. Hotline: (888) 700-9995. Email: [email protected]

Margaret Hamburg, FDA Commissioner. Phone: 301-796-5000. Main FDA number: 888-463-6332. Email address #1: [email protected]. Email address #2: [email protected]

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