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Rough Ride? Lawyer Says Fatally Injured Arrestee Lacked Belt

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A protestor holds a sign outside of Baltimore's City Hall before a march for Freddie Gray, Thursday, April 23, 2015, in Baltimore. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (AP Photo/Patrick Semansky)

A protestor holds a sign outside of Baltimore’s City Hall before a march for Freddie Gray, Thursday, April 23, 2015, in Baltimore. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (AP Photo/Patrick Semansky)

JULIET LINDERMAN, Associated Press
CURT ANDERSON, Associated Press

BALTIMORE (AP) — No video captured what happened to Freddie Gray inside the police van where officers heaved him into a metal compartment after pinning him to a sidewalk. The cause of his fatal spine injury has not been revealed.

But a troubling detail emerged as hundreds of protesters converged on City Hall again Thursday: He was not only handcuffed and put in leg irons, but left without a seat belt during his trip to the station.

Unbelted detainees have been paralyzed and even killed by rough rides in police vans.” It even has a name: “nickel rides,” referring to cheap amusement park thrills.

Police brutality against prisoners being transported was addressed just six months ago in a plan released by Baltimore officials to reduce this misconduct. Department rules updated nine days before Gray’s arrest clearly state that all detainees shall be strapped in by seat belts or “other authorized restraining devices” for their own safety after being arrested.

Gray was not belted in, said attorney Michael Davey, who represents at least one of the officers under investigation.

But he took issue with the rules.

“Policy is policy, practice is something else,” particularly if a prisoner is combative, Davey told The Associated Press. “It is not always possible or safe for officers to enter the rear of those transport vans that are very small, and this one was very small.”

Commissioner Anthony Batts said there are no circumstances under which a prisoner should not be wearing a seatbelt during transport.

“He wasn’t wearing a seatbelt and that’s part of our investigation,” Batts told The Associated Press on Thursday. “It’s our responsibility to make sure people are safely transported, especially if their hands are behind their back.”

Batts also said another man who was in the van during the tail end of Gray’s ride told investigators that Gray was “was still moving around, that he was kicking and making noises” up until the van arrived at the station.

But Batts was careful to say that the investigation includes “everything the officers did that day.”

The Gray family’s lawyer, Billy Murphy, said “his spine was 80 percent severed” while in custody. It’s not clear whether he was injured by officers in the street or while being carried alone in the van’s compartment.

But if it happened on the way to the station, it wouldn’t be the first such injury in Baltimore: Dondi Johnson died of a fractured spine in 2005 after he was arrested for urinating in public and transported without a seat belt, with his hands cuffed behind his back.

“We argued they gave him what we call a ‘rough ride,'” at high speed with hard cornering, said Attorney Kerry D. Staton. “He was thrown from one seat into the opposite wall, and that’s how he broke his neck.”

Staton obtained a $7.4 million judgment for the family, later reduced to the legal cap of $200,000.

It also has happened in Philadelphia, where police in 2001 barred transportation of prisoners without padding or belts after The Philadelphia Inquirer reported that the city had paid $2.3 million to settle lawsuits over intentionally rough rides, which permanently paralyzed two people.

Gray fled on foot and was captured on April 12 after an officer “made eye contact” with him outside a public housing complex, police said. Videos show Gray screaming on the ground before being dragged, his legs limp, into a van. Witnesses said he was crying out in pain.

Kevin Moore, a friend of Freddie Gray’s who recorded video of his arrest, told The Baltimore Sun that police had Gray’s legs bent “like he was a crab or a piece of origami.”

Police procedures require officers to get immediate medical help if detainees need it, and to avoid aggravating any injury.

In Gray’s case, he repeatedly asked for help during the trip, but the driver instead diverted to another location to pick up another prisoner.

For the first time, the fire department released a timeline for paramedics’ response. Gray was arrested at 8:42 a.m. Paramedics received a call for an unconscious male at 9:26 a.m., Baltimore City Fire Department spokesman Captain Roman Clark said.

Medics arrived at the police station at 9:33 a.m., but didn’t leave for the hospital until 9:54, arriving roughly an hour and 20 minutes after his arrest. Clark didn’t say why it took more than 20 minutes to leave for the hospital once paramedics arrived.

“How did his injuries occur?” said Robert Stewart, a former chief who consults with police and the Justice Department on use of force. “These guys are picking up someone who is obviously injured.”

The driver also has a responsibility to refuse to take a seriously injured prisoner to the station if he belongs in a hospital, Stewart said.

“If I’m the officer in the wagon, if the guy’s hurt, I’m not taking him,” he explained.

All six officers involved in Gray’s arrest have been suspended with pay while under criminal investigation. Davey, whose firm is on contract with the Baltimore Fraternal Order of Police Lodge 3, said five of the six officers gave voluntary statements the day of Gray’s arrest, and one — he didn’t say who — declined to speak with investigators.

It’s quite common for prisoners to yell and complain, saying they’ve been injured or feel sick or that their handcuffs are too tight.

“You have to make a judgment call: is this a tactic, something to distract me?” said Lt. Luis Fuste of the Miami-Dade Police Department. “You’re taught that these things are often done with an ulterior motive.”

Yet Fuste and other law enforcement experts say rough rides aren’t typical, and aren’t worth the trouble to officers.

“Once he is a prisoner he is absolutely your responsibility,” said Peter Moskos, a former Baltimore officer who teaches law and police science at John Jay College of Criminal Justice in New York. “Even if there was no malign intent, even if there was no assault, he’s your prisoner. He goes into the wagon alive, he can’t come out dead.”

The Department of Justice is investigating whether Gray’s civil rights were violated, and an internal police investigation will be delivered by May 1 to the state’s attorney’s office, which will consider filing any criminal charges.

But some details have already been made public as authorities try to restore trust with a community demanding transparency and justice.

Commissioner Anthony Batts said Monday that officers repeatedly ignored Gray’s requests for medical attention before he was hospitalized in critical condition. “He asked for an inhaler, and at one or two of the stops it was noticed that he was having trouble breathing,” Batts said. “We probably should have asked for paramedics.”

___

Associated Press Writers Dave Dishneau and Jeff Horwitz contributed to this story from Baltimore. Anderson reported from Miami. They can be reached at http://twitter.com/Miamicurt, http://twitter.com/ddishneau and http://twitter.com/JulietLinderman

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

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It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.
It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

 

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.

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Oakland Post: Week of April 10 – 16, 2024

The printed Weekly Edition of the Oakland Post: Week of April 10 – 16, 2024

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