| The Silence Worse Then Katrina |
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| by Rufus Shaw | Fri, Jul 27, 2007, 11:56 AM |
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On July 24th in a On October 8, 2005, on the world famous Bourbon Street, a 64 year old Black man was brutally beaten by three (3) New Orleans police officers and two (2) FBI agents. The law enforcement officials claimed they were trying to arrest the tourist. The beating was caught on tape. The tape left little doubt that the officers used excessive force to subdue a man of average size and advanced age. Yet, a Nothing is more volatile in this country’s racial history then a police beating of an innocent Black citizen. It wasn’t that long ago that Police brutality, a questionable criminal justice system, a racial beating, and media silence regarding the whole matter have combined to damage the image of
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written by randye , July 27, 2007 Joseph Bruno, the attorney for Davis, said his client does not believe the assault was racially motivated. "I know there is a big temptation to go there, but my client firmly believes that is not what is involved here," Bruno said in an interview. Instead, Bruno said, Davis believes he was assaulted by "a couple of rotten apples that need to be dealt with." CNN
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written by Caroline Walker , July 27, 2007 I think we need to tap the brakes here. There are different accounts of what happened that night. The judge apparently felt that the version offered by the accused officer, Evangelist, was more in keeping with what's actually pictured on the videotape: it took four officers five minutes to cuff this guy. You had the two NOPD officers, Schilling and Evangelist, who were the beat cops who tried to take Davis aside for intoxication. Then he resisted, apparently fiercely. Two other officers -- FBI agents -- happened to be nearby and came to their aid. No racial conspiracy, no premeditated punching party. The two FBI agents were never charged -- in fact they were cleared in an internal investigation. Officers Schiller and Evangelist, however, were fired. Schiller committed suicide in June. Evangelist's career is over, despite his not guilty verdict. It was Evangelist who opted not to have a jury trial. Judge Frank Marullo sided with the defense -- saying the video "did not show the brutal beating decried by prosecutors but instead that Davis was resisting the officers' attempts to handcuff him." "I don't even find it was a close call," Marullo said. "I saw five minutes of struggling to put on the cuffs." An expert called by the defense said, after viewing the tape, that he felt the officer "had sufficient cause to escalate more quickly than he did...Officers Evangelist and Schilling used a tremendous amount of restraint." No question it was a horrible incident. Davis broke his nose, among other injuries. He also would not submit to being patted down. I would hope we'd use more caution before presuming the response was racially motivated. Here's a link to the article: www.nola.com/timespic/stories/...xml&coll=1 In today's Times Picayune, for example, comes news that charges have been dropped against the man accused of robbing and shooting rock n roll legend Ray Davies in 2004. (Ray Davies of The Kinks.) Apparently, the DA's office only gave Davies 3 days notice that he had to appear in court to testify: Davies lives in London. Is that justice? Incompetence, perhaps. Is it any wonder Orleans Parish is finding it hard to recruit officers?
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written by Dallas Perfect Voter , July 28, 2007 The NO police department has a large percentage of black officers. The French Quarter is full of drunken and crazy people and those officers who work the beat there are assaulted regularly, and deal with their own fair share of abuse. Every police force has rotten apples, and there is NEVER any excuse for police brutality at all. It's indeed a tragedy in this case you had one suicide and another destroyed officer, so the Court of public opinion and peer pressure seemed a worse fate than the judicial system. Judge Marullo is known to be a fair Judge. It is also interesting to note that the DA (who is Black) ended up in Federal court for hiring all Black (and firing all White) lawyers. The big question here is what's Mayor Nagin's position on the recent verdict?
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written by DallasBlackBlog.com , July 28, 2007 To those who refuse to believe this story captured on videotape for all to see. The 64 year old retired teacher was beaten beyond any reasonable cause or justification. A black victim called white New Orleans police officers "ignorant, unprofessional and rude." They beat him to the ground. Davis did not 'break his nose, among other injuries.' The police broke his nose and fractured his eye. And the prosecutors believed him. You forgot to mention the two white eyewitnesses who testified for the black victim. Guess their eyes were lying. They recalled seeing the officers repeatedly punching Davis in the body and face. They saw the victim "knocked to the ground" and an officer kick him in the back of the head. A female witness testified she saw several officers punching him repeatedly against the wall. "I went up to them and yelled at them to stop." This was a miscarriage of justice and an outrage. Police officers are not exempt from restraint just because some are ready and willing to turn a blind eye to what their mistaken eyes must clearly be showing - the indefensible face of pure unadulterated police brutality caught on video tape. How many excuses for this kind of rank police abuse would you provide if you or your relative had been the victim? Are you aware of Texas Penal Code §9.31. Self-defense - where it states in Subsection (c); (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. Perhaps elected representatives of the past knew that there had been,and would be abuses of police authority when they wrote Section 9.31 of the Texas Penal Code. This means there is a limited right to resist an officer's unlawful use of force. It is certainly not advisable for a black victim of brutality to assert this right since the threat of deadly force is always present. Here is a link to a different case of a Anglo man who beat two deputies with their own Taser gun he took from them because the officers were illegally abusing his wife at his own Florida home. The Florida Judge released him stating he had 'a right to resist.' http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070314/NEWS/703140547
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written by randye , July 29, 2007 I don't doubt the possibility that this is an outrage and miscarriage of justice. It just seems to me that Mr. Shaw's questions about "where is..." should start with Mayor Nagin and the Black Superintendent of Police. And maybe in this case it is time to stop feeling so sorry for the people of New Orleans that we infantilize them as permanent victims rather than giving them the dignity of the chance to handle this themselves.
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written by Jonathan Green , July 30, 2007 To Caroline Walker; albeit you did your research by providing well documented fact to the readers. However, as I read your comments my mindset was wondering exactly who's facts you quote are crediable facts. You see, what was viewed on that tape was a beating, a beating a Black Man who prehaps was provoked with threats, leading this gentleman to fear for his life. Carolyn, I was also wondering to myself, if you are Black and have had the vicarious experience to see first hand how just being Black you can be racially profiled and provoked into a similar type experience just being Black. America saw the facts, however one Public Official based on his decision on factors I personally believe were designed to protect the fragile image of New Orleans. In addition, I never saw this gentleman fight back, resist, shout obscenties to the officers, honestly pose such a threat to cause such a beating. Howver, in agreeing with Mr. Shaw, Politician opted not to touch this primarily to protect the fragile image of New Orleans. As disgraceful as this verdict was, its the Judge that now needs to be singled out. Write comment
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