EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
Professor Braseth contacted me soon after the incident and we have been discussing the case. Here is an account on a radio program where an alleged officer calls to suggest that Braseth was not only committing a crime by filming on CTA property but that he had some weird interest in teenage boys — a ridiculous personal attack that the host wisely slaps down. Braseth was producing a documentary on African American teenagers from the Southside that gather on Michigan Avenue on Saturday nights. He was shooting an arrest on Saturday, November 12, 2011 when he says officers spotted him and took him to their cruiser. They allegedly asked for his camera and erased the arrest footage and “told me I was lucky I wasn’t going to jail and let me go.” Notably, in the complaint below, Braseth notes that not only the other officer but the CTA camera system could supply corroboration for his claims. This account is troubling in itself, but Chicago has a history to pursuing citizens for filming officers in public(here and here). The Cook County’s State Attorney Anita Alvarez and other prosecutors in the state show little concern for the constitutional rights of citizens in such taping or the obvious effort to deter citizens from recording evidence of possible police abuse. This is ironic since Chicago is one of the cities installing hundreds of cameras to film citizens in public, as discussed in this recent column.
Braseth has now filed the complaint below with the Chicago Police Department. It is an important case raising core constitutional and journalistic values. I have no reason to doubt the account of Professor Braseth, though the officer deserve a full opportunity to respond. If found to be true, this is a cautionary lesson for his students at Loyola, but he is teaching by example by taking action in this way. Obviously, the CPD should immediately move to preserve the CTA film and separately question the officers in the incident so that the allegations can be fully investigated. We will be following the case closely.
It appears that we are drifting toward a society in which the right to privacy is to be limited to police officers in the public performance of their duties.
Mayors’ Strategy Against Occupations: Let Them Eat Snow or Pepper Spray
By: Jon Walker Tuesday November 15, 2011 9:50 am
“The recent actions by Mayor Bloomberg in New York City shows he is trying to combine the two tactics into one strategy now that it appears winter alone may not put an end to the occupation. On the day of the first snow fall in the New York, the police took Occupy Wall Street’s generators. Now that winter is fast approaching, last night Bloomberg launched a major raid to clear out Zuccotti Park. The tents and tarps were torn down, with the claimed intent that protester would be allowed to return but without new tents or any other protections from the winter weather. The protesters were first pushed out with overwhelming military style force that resulted in over a hundred arrests, with the plan to freeze out anyone who might dare to come back.”
http://firedoglake.com/
Lets hope that neighboring residents may have video of these events. Any individuals who have evidence of police wrongdoing will need to be cautious about how to release it as their location can presumably be identified and they will risk police retribution.
In this environment it is important to send video and images up to the cloud in real-time so that agents of the government cannot easily erase evidence. Applications to do this include JustinTV, USTREAM, and Qik.
I talked about this here:
It is getting scary. Where is the Justice Department when you need them? Mr. AG Holder, are you reading the internets?
Judge Lucy Billings, who signed the order this morning, is off the case. Bloomberg and the banksters have immense power, even over the judiciary. They want the best rulings money can buy.
http://www.nydailynews.com/news/national/judge-lucy-billings-signed-occupy-wall-street-order-aclu-veteran-article-1.977725
The mayor had this raid start at (1) am this morning and the restraining order was issued about 8:30 this morning shortly after the mayors news conference had begun.By that time all of the protestors belongings had been thrown into dumpsters and hauled down to an area around 57th street and probably the 12th ave area.
You can get your stuff if you can sort through the massive pile of stuff dumped there.
What becomes of the hundreds of thousands of dollars that had been donated to the effort and who has control of that money,for it was put the Amagamated bank(a union bank)and Credit unions.Stay Tuned.Caught everyone in Liberty Square off guard.
The city has ignored the restraining order and is currently challenging it. The mayor has overridden the law. Word is out (on the BBC) that at least 18 cities coordinated their police attacks on OWS protesters. Police are currently beating OWS protesters and trying to black out the press.
You think this might be a police state yet?
“Occupy Wall Street: NYPD attempt media blackout at Zuccotti Park
Journalists report aggressive treatment as media blocked from protest camp during surprise police raid
New York police attempted to impose a media blackout as they cleared Occupy Wall Street protesters from Zuccotti Park late last night.
As police swooped on the park in the early hours of Tuesday, the city closed airspace in lower Manhattan to prevent news helicopters taking aerial shots of the scene. Vans were used to obscure views of the park and a police cordon effectively blocked accredited media from reaching the site. Some of those members of the press who were in the park or were able to get there say they were arrested, pepper sprayed or treated aggressively.
One of the few reporters on the scene when the police moved in was Josh Harkinson, a writer for Mother Jones magazine. As police used tear gas to remove the last protesters from the park Harkinson identified himself as a member of the media and was physically dragged out of the park. He was told that reporters had to stay in a “press pen”.
Reporters tweeted their frustration using the hashtag #mediablackout and said police were ignoring and even confiscating press passes.
A New York Post reporter was “roughed up” according to the New York Times’ Brian Stelter. Lindsey Christ, of local cable-news channel NY1, said on-air this morning that “the police took over, they kept everybody out and they wouldn’t let media in. It was very planned.” (Guardian)
“News blog
“11:20am: The New York public advocate, Bill de Blasio, an elected official who acts as a sort of watchdog for the city of New York, has issued a strongly worded statement condemning the actions of mayor Michael Bloomberg in evicting Occupy Wall Street protesters from Zuccotti Park. He said:
Protecting public safety and quality of life for downtown residents, and guaranteeing free expression are not exclusive of one another. Mayor Bloomberg made a needlessly provocative and legally questionable decision to clear Zuccotti Park in the dead of night. That some media and observers were prevented from monitoring the action is deeply troubling.
I know of no one – protesters included – who desires a permanent occupation of lower Manhattan. But provocations under cover of darkness only escalate tensions in a situation that calls for mediation and dialogue. I call on the Mayor to find a sustainable resolution –as other cities have done – that allows for the exercise of free speech and assembly, with respect for the rights of all New Yorkers to peaceful enjoyment of our great city.”
The Guardian blog
When confronted by a man with a gun the rational persons thinks quickly, “I don’t know this guy. I’ve done nothing wrong. Is he crazy enough to shoot me?”
When that man with a gun can, through intimidation, in this case a badge, coerce you to into his vehicle then you really have to consider, “Is this guy crazy enough to shoot me?”
When a man with a gun has forced you into his vehicle taken your personal property from you and destroyed your work, your question has been answered.
This cop had a gun, he had a badge, he had a vehicle that could serve as a cell. What law was he enforcing? None. He did it simply because he could and that makes him no better than the junkie in the parking lot who sticks a gun in your face, forces you into your car and robs you.
More here on the news blackout. Police closed the airspace over the park to news helicopters so aerial shots could not be obtained. Several reporters were arrested and roughed up. One city councilman was injured and arrested.
http://www.huffingtonpost.com/2011/11/15/occupy-wall-street-raid-journalists-arrested_n_1094564.html#s474011&title=raindrift
Bloomberg had a deliberate news blackout last night during the raid at Zuccotti Park. That included isolating reporters from the major news networks so they could not get video or see what was going on. “For their own protection,” according to the police. These are reporters who have been covering wars, for Pete’s sake.” They are to be protected from…what? A bunch of DFH sleeping in tents or praying?
Barbara Morrill has the story:
http://www.dailykos.com/story/2011/11/15/1036622/-A-media-blackout-on-Michael-Bloombergs-raid-on-Zuccotti-Park?via=blog_1
Prof. Braseth is doing a great job in teaching his students the value and importance in standing up and challenging your government when they cross the line. I am hopeful that the courts will do the right thing, but I do not hold out any hope that the CPD will sanction the cop. Was the Professor using a phone to video it? Could he have emailed the video to someone or downloaded it to Facebook before he deleted if for the police?
The Chicago police officers should be sued personally (42 USC Sec. 1983) for destroying the video and harassing Professor Braseth.
I did not see a link to the complaint … perhaps that will be sufficient without going to the courts.
Interesting that the news reports I heard, on all 3 am ‘news’ shows, in the news segment, stated they would be allowed to go back but never mentioned the court, as though it was Bloomberg and the city. Similar stories leave out the legal issues on side of protestors or those that do not portray ows, in other cities, as the bad guys, Huff post had article entitled Occupy Oakland murder – had to go down in story to read that police believed was ‘normal’ Oakland violence having nothing whatsoever to do with Occupy. The ‘press’ is anti neutral, only helps a police state to mobilize, inciting the people against those who are protesting.
DonS,
I think he would have to personally violate the order by ordering it to be ignored.
I have heard some reports on the ground that some police are refusing to comply, but they may not have received a copy of the order yet.
FWIW, any possibility of a contempt citation against Bloomberg?
Yes Dredd,
The police state banned news reporters from covering the removal of OWS. They shut down the Brooklyn Bridge, the subway, told news helicopters to stay out etc. Reporters were arrested.
This is what a police state looks like.
New York is in strong competition with Chicago to see who can eradicate the constitution first.
A court has ordered New York Mayor Bloomberg and the NYPD to allow the Liberty Park OWS to return after NYPD removed them last night.
Link To Order
Ok Chicago courts, your turn to step up.
Chicago…Honor… Integrity…Police Department….You Betcha….wink…wink…Chicago has the distinguished reputation for having the Best Justice….Money can buy….