New Jersey State Trooper Fires Gun at Teens for Mistakenly Knocking on his Door
By Carlos Miller | PINAC | July 30, 2015
Three teens mistakenly walked up to the home of a New Jersey state trooper at 2 a.m. last Sunday and began knocking on the door, thinking it was their friend’s home, who lives on the same block.
But when a man on the other side of the door began yelling and cursing at them, they realized they had the wrong home and began walking back to their car.
When the angry man stepped out of the home, they began running and hopped in their car.
And when they saw him aiming a gun with a laser pointer towards them, they stepped on the accelerator to make their escape down the street in front of the home.
But the off-duty trooper, whose name is Kissinger Barreau, stepped into the street and fired three shots, including one that struck the tire.
“We realize it’s a gun and we panic. I’m like ‘dude, dude, dude, accelerate,’” Jesse Barkhorn told NJ.com.
What they didn’t realize was that the man who shot at them was a cop, which meant that his buddies were going to do everything they could to justify firing a gun at three teens who were not even on his property anymore.
About a mile-and-half away from the trooper’s home, once they believed they were safe from the crazy gunman, they stopped the car and one of the teens called his mom to tell her what had happened. He then called police to tell them what had happened.
Minutes later, when the teens noticed police helicopter and police dogs conducting a search in the area, they figured the cops were looking for the trigger-happy gunman.
But then they found themselves surrounded by cops, who searched and handcuffed them before leaving them in the back of a patrol car for hours on accusations that they had attempted to burglarize his home.
They were then driven down to Sparta police headquarters where they were photographed and placed in different cells.
Then they were transported to State Police Barracks where they were handcuffed to a steel bench for five hours before they were interrogated.
During that interrogation, police kept trying to get the teens to say they drove the car towards the cops, which, of course, would have made him fear for his life and justify the shooting.
But the teens just wouldn’t take the bait.
“That’s the exact opposite of what we were trying to do. We were just scared and trying to get out of there with our lives,” Barkhorn told the local news site.
The teens were eventually released when the cops confirmed that they did have a friend living on the same block and realized they were not going to admit to something they did not do.
And that was unfortunate for them because it meant they had to investigate their fellow trooper and we know they don’t like doing that. At least not very thoroughly.
The investigation is now being conducted by the state attorney general’s office, who are predictably taking a very pro-cop stance.
According to NJ.com:
The state attorney general’s office says its preliminary investigation has found an off-duty state trooper fired three shots from his personal gun as three teens fled his street in a car early Sunday morning — an account that’s largely consistent with what one of the teens has told NJ Advance Media.
But not entirely consistent.
Both say the teens knocked on the trooper’s Whispering Woods Lane door late at night after mistaking his home for a friend’s. Both say the trooper came downstairs with a gun — the AG’s office says it was his personal handgun. What the AG’s office describes as a “verbal exchange through the door,” teen Jesse Barkhorn, 18, describes as yelling and cursing by the trooper.
And both say that as the teens got in their car and fled, the trooper entered the street with the gun.
Where they notably differ: According to the AG’s office, the trooper says he identified himself as a trooper and pursued the teens on foot as they fled. Barkhorn says the trooper never identified himself.
It’s going to be interesting to see how this pans out because it appears that the only way to justify the shooting would be to criminalize the teens, either accusing them of trying to run the cop over or fleeing the scene even after they were told he was a cop, which should not make a difference considering anybody can claim they are a cop when they are out of uniform.
Obama and Kerry Play with Fire on Iran Agreement
By Sheldon Richman | Free Association | July 29, 2015
Barack Obama and John Kerry are playing with fire. They presumably want Congress and the American public to accept the nuclear agreement they and four other governments struck with Iran, but they work against their own objective by accepting the false premise of their opponents: namely, that Iran’s regime is untrustworthy, dangerous, bent on becoming a nuclear power — and containable only by a U.S. readiness to wage war.
Who knows if the president and secretary of state really believe this? But they ought to know that this premise is wrong.
Their incentive to accept the false premise is obvious. Neither wants his obituary to declare that his greatest achievement was to persuade Iran not to develop a weapon it had no intention of developing.
On announcing the deal Obama said, “Today, because America negotiated from a position of strength and principle, we have stopped the spread of nuclear weapons in this region. Because of this deal, the international community will be able to verify that the Islamic Republic of Iran will not develop a nuclear weapon.”
Likewise in remarks to the Senate Foreign Relations Committee last week, Kerry said, “So this isn’t a question of giving them [Iran] what they want. I mean it’s a question of how do you hold their program back, how do you dismantle their weapons program….”
Hence, Obama and Kerry endorse the claim that Iran was seeking to build nuclear weapons. The long negotiating process was based on that premise. So they must now insist that the agreement contains leak-proof verification, because like their opponents, Obama and Kerry say the Iranians cannot be trusted. But the hawks demagogically ignore that part of the administration’s case and claim the agreement does depend on trust; Iran can and will cheat, the hawks say, no matter what verification measures are in place. They can even quote Wendy Sherman, leader of the U.S. negotiating team, who once told a Senate committee, “We know that deception is part of the [Iranian] DNA.”
That’s some great way for Obama and Kerry to sell their agreement.
It would be better for Obama and Kerry to tell the truth for once: Iran has not been seeking a nuclear bomb. This has long been well-understood by American and Israeli intelligence and military agencies. As former CIA analyst Ray McGovern points out, George W. Bush had to give up plans to attack Iran in 2007 because a National Intelligence Estimate signed by all 16 U.S. intelligence agencies found that Iran had stopped (alleged) research on nukes four years earlier. This conclusion was renewed regularly in subsequent years. In fact, as Gareth Porter notes, “US national intelligence estimates during the Bush administration concluding that Iran had run such a program, including the most famous estimate issued in November 2007, were based on inference, not on hard intelligence.”
We have many other indications of Iran’s non-interest in nukes, all of which are documented by Porter, the man who literally wrote the book on the case. (See Manufactured Crisis: The Untold Story of the Iran Nuclear Scare.) We know, for example, that Iran’s Supreme Leader, Ali Khamenei, issued a religious edict (fatwa) against nuclear weapons. We know that when Iran could have bought weapons-related equipment from an illegal Pakistani network, it did not. We know that for years Iran tried every way to avoid having to enrich uranium for its power plants but was thwarted each time by the U.S. government. Finally, we know that when the Iranian government could have made chemical weapons to retaliate for Iraq’s U.S.-backed chemical warfare against Iran in the 1980s, then-Supreme Leader Ruhollah Khomeini forbade it on religious grounds.
Despite this, it is open season on Iran. Most everyone feels he can level any charge against it without providing a scintilla of evidence. Most common is the charge that Iran is the “chief state sponsor of terrorism.” But does anyone bother to prove it? It requires no proof. It’s the Big Lie, and it serves the war party’s agenda. (For evidence to the contrary see these two pieces by Ted Snider.
The P5+1 agreement, though unnecessary, is preferable to war. Obama and Kerry should stop thinking about their legacies and start leveling with us.
Scientific studies, data and history refute Pentagon’s climate/national security claims
Climate Depot’s Rebuttal
By Marc Morano – Climate Depot – July 29, 2015
Pentagon Spent $22,000 to Write 14-Page Report on Climate Change
If any Americans actually believe the climate claims linking ‘global warming’ to a rise in conflicts, no amount of evidence, data, logic or scientific studies will likely persuade them. But given the high profile nature of the Pentagon report, a rebuttal is necessary.
Obama has claimed that climate ‘deniers’ were a huge part of the problem. Obama explained: “Denying it, or refusing to deal with it, endangers our national security and undermines the readiness of our forces.”
Obama seems to be borrowing his claims from Rolling Stone Magazine :
Also see: Paper: ‘Osama bin Laden cared more about global warming than GOP Sen. James Inhofe’
But actually believing the above statements endangers our capacity for rational thought and evidence based research. Actually believing Obama and his Pentagon’s climate claims, undermines our nation’s ability to distinguish real threats from politically contrived nonsense.
UN climate treaties and EPA climate regulations will not prevent wars, conflicts or impact the creation of terrorist groups.
The President seems to believe every modern malady is due to ‘global warming.’
President Obama claimed that man-made climate change was partly responsible for the civil war in Syria. “It’s now believed that drought, crop failures, and high food prices helped fuel the early unrest in Syria, which descended into civil war in the heart of the Middle East,” Obama said.
First off, extreme weather is not getting more ‘extreme.’
Scientists reject notion that human-caused climate change led to war in Syria – ‘Human-influenced climate change impact on the drought conditions was almost certainly too small to have mattered’
2014 Study: ‘The humanitarian crisis of the late 2000s largely predated the drought period.‘ – ‘Focusing on external factors like drought and climate change in the context of the Syrian uprising is counterproductive as it diverts attention from more fundamental political and economic motives behind the protests and shifts responsibility away from the Syrian government.’ […]
Global warming is not a threat to the world, but global warming ‘solutions’ are. The estimated 1.2 billion people in the world without electricity who are leading a nasty, brutish and short life, will be the ones who “will pay” for global warming solutions that prevent them from obtaining cheap and abundant carbon based energy.
Simple historical facts undermine the President’s claims about global warming and national security concerns.
Small Sampling of evidence countering President Obama’s claims.
Lord Christopher Monckton, Former Thatcher Adviser issues point-by-point rebuttal to Obama: ‘Does the ‘leader’ of the free world really know so little about climate?’ – ‘If this Obama speech was the very best that the narrow faction promoting the extremist line on global warming could muster for their mouthpiece, then the skeptics have won the scientific, the economic, the rational, and the moral arguments – and have won them hands down.’
‘All Large European Wars Occurred With CO2 Below 350 ppm’ Via Real Science website- Most Of The World’s Wars Occurred Below 350 PPM CO2 — ‘Now that we know that war is caused by global warming, I was very surprised to discover that the vast majority of wars occurred before 1988 – including the War of 1812′
UN Climate Chief: Middle East Was Peaceful When CO2 Was Below 350 PPM — UN’s Christiana Figueres: ‘Food shortages and rising prices caused by climate disruptions were among the chief contributors to the civil unrest coursing through North Africa and the Middle East’
Scientific studies comprehensively debunk the notion that rising carbon dioxide will lead to more wars.
Flashback: Debunked: the ‘climate change causes wars’ myth –Peer-reviewed paper ‘thoroughly eviscerates’ climate war claims — ‘The primary causes of civil war are political, not environmental’
‘A total takedown’ of myth by the Center for Strategic and International Studies — ‘Since the dawn of civilization, warmer eras have meant fewer wars. The reason is simple: all things being equal, a colder climate meant reduced crops, more famine and instability. Research by climate historians shows a clear correlation between increased warfare and cold periods. They are particularly clear in Asia and Europe, as well as in Africa’
Scientific American : ‘Greens Should Stop Claiming More Warming Means More War’
Conflict Deaths and Global Warming – ‘The problem is that the conflicts that are cited as examples of the phenomenon are located in areas known for both frequent conflict prior to the current warming period and for historical patterns of extreme climates similar to those seen today.’
Even BBC features harsh criticism of new study: ‘Their strong statement about a general causal link between climate and conflict is unwarranted by the empirical analysis that they provide’ — BBC: Rise in violence ‘linked to climate change’ — ‘Changes in temperature or rainfall correlated with a rise in assaults, rapes and murders’
Climate Depot Round Up Counters global warming/war claims:
Climate Depot’s rebuttal to Sen. John Kerry’s climate change/national security claims
Study: Cold spells were dark times in Eastern Europe: ‘Cooler periods coincided with conflicts and disease outbreaks’ –Published in the Proceedings of the National Academy of Sciences’: ‘Some of Eastern Europe’s greatest wars and plagues over the last millennium coincided with cold periods’ — ‘The Black Death in the mid-14th century, the Thirty Years’ War in the early 17th century, the French invasion of Russia in the early 19th century and other social upheavals occurred during cold spells. The team suggests food shortages could explain the timing of some of these events’
Global Conflict Not Linked to Global Climate Change — ‘Wars in Burundi, Chad, the Dominican Republic, Indonesia, Peru, the Comoros, Congo, Eritrea, Niger, and Rwanda are so numerous that I could probably make a statistical argument that one in five wars are due to the AFC winning the Super Bowl’
Discovery News: Cold times led to angry runts, famine, and war; warm times led to The Renaissance
Remarkably sane article in Science : Warm periods are good, cold periods are bad
Time Mag reports: ‘Peaks of social disturbance such as rebellions, revolutions, & political reforms followed every decline of temperature’ — ‘Number of wars increased by 41% in Cold Phase’ — ‘Peaks of social disturbance such as rebellions, revolutions, and political reforms followed every decline of temperature, with a one- to 15-year time lag’
Undercover policing inquiry must not ignore spying on trade unions, activists warn
RT | July 29, 2015
A public inquiry into undercover policing is at risk of becoming an “establishment whitewash” if it does not include scrutiny of the surveillance of trade unionists, activists have warned.
In its current form the inquiry overlooks evidence of collaborative spying by big business and the police, Blacklist Support Group secretary Dave Smith told the Morning Star on Tuesday.
Smith’s concerns echo those of Britain’s largest union Unite, which called for an inquiry into alleged links between police and the “blacklisting” scandal in the construction industry that was exposed in 2009.
The inquiry into undercover policing was launched by Chairman Lord Justice Pitchford on Tuesday, four months after Home Secretary Theresa May announced the investigation.
Opening proceedings in London, Pitchford said the inquiry will be “the first time that undercover policing has been exposed to the rigor of public examination.”
However critics argue the terms of the investigation overlook corporate espionage.
Speaking to the Morning Star, Smith said: “Neither Theresa May nor Lord Justice Pitchford has specifically referred to trade unions, despite the fact there is documentary evidence that they were spied on using covert surveillance tactics.”
“The terms of reference state that the inquiry will only cover spying by the police. But if this is to be a genuine, independent investigation, it needs to look at evidence of collaboration between big business and the police.
“Corporate spying is endemic and, if it is not properly investigated, this will just turn into another establishment whitewash,” he added.
Unite assistant general secretary Gail Cartmail called for a probe into allegations police handed information about workers’ trade union activities to construction companies, who then added them to a blacklist database.
The existence of a blacklist was exposed by a raid on a firm called the Consulting Association by the Information Commissioner’s Office in 2009.
Cartmail said: “We need the inquiry to probe what the undercover police involvement was in relation to links with the ‘blacklisting’ scandal in the construction industry. So far, I think we are just seeing the tip of the iceberg – and Judge Pitchford will have to dig deep.
“The reports that they infiltrated campaign groups and trade unions are true, as police officers were deployed as covert human intelligence sources.
“We need to know who authorized the infiltration of trade unions – how high up does the buck stop when it comes to accountability? And who authorized the payments to these undercover officers to pay their union dues?”
May launched the inquiry into undercover cops after an investigation into claims of human rights abuses committed by police officers unearthed “serious historical failings.”
In some cases, undercover police used the names of deceased children and established long-term sexual relationships with their targets.
Lawyers investigating the allegations for the Home Office say they have discovered more than 80 possible legal breaches relating to undercover policing.
Russia to veto MH17 tribunal draft at UN Security Council
RT | July 29, 2015
Russia is expected veto a draft UN Security Council resolution calling for an international tribunal to be formed to probe the downing of a Malaysian airliner last year. President Putin said he regretted that a compromise deal could not be worked out.
The Russian president explained to Dutch Prime Minister Mark Rutte why Russia would not support the establishment of a tribunal into the downing of Malaysia Airlines flight MH17 in a phone call, the Kremlin said.
Moscow opposed the draft document submitted by Malaysia and supported by several nations, including The Netherlands and Ukraine, saying that its description of the tragedy as a threat to international security is a strained interpretation meant to subject it to the council’s authority.
“We believe it is not in the UN charter. The UN Security Council is not supposed to deal with issues like this,” Russian UN envoy Vitaly Churkin said, adding that Russia would veto the document.
The Security Council ordered creation of special tribunals to tackle several cases, including war crimes committed during the Balkan wars and the genocide in Rwanda. But Russia believes it would be wrong to treat the MH17 downing differently from other similar incidents with civilian aircraft, such as the downing of Iran Air flight 655 by the US in 1988 or the downing of Korean Air Lines flight 007 by Soviet Union in 1983. The call for a tribunal is confrontational, Moscow believes.
An alternative draft resolution proposed by Russia and seen by RT called for more transparency in the ongoing investigation of the MH17 incident by the Dutch authorities. It also criticized UN Secretary General Ban Ki-moon for a failure to appoint a special representative to tackle the case.
Malaysia Airlines flight MH17 was shot down on July 21 as it was flying over a war zone, where Ukrainian armed forces were fighting against rebels, who rejected the new government imposed by an armed coup in Kiev. The tragedy has been the subject of much speculation, with Kiev and its foreign sponsors accusing the rebels of taking down the plane with a Russia-supplied missile.
The rebels rejected the accusations and blamed the Ukrainian army for the downing. Moscow denied supplying anti-aircraft missiles to the rebels and made public evidence of Ukrainian military activities in the area.
A preliminary report by the Dutch investigators in September 2014 confirmed that the Boeing airliner was taken down by an outside force, but did not indicate which side could have carried out such an attack even what kind of weapon was used. The final report is still being completed.
READ MORE: ‘A year without truth’: MH17 relatives, independent investigators want ‘facts not propaganda’
Turkey still backing ISIL, says top Iraqi commander
Press TV – July 27, 2015
The commander of the Iraqi volunteer forces fighting the ISIL Takfiri group says there is no evidence that Turkey has altered its stance against the terrorist group and is still supporting the militants.
“Turkey has not changed its stance; it carried out operations against the PKK (Kurdistan Workers’ Party), which is fighting with the Kurds against ISIL in Syria,” Hadi al-Ameri said on Monday.
Ameri made the remarks after a meeting between Iranian Foreign Minister Mohammad Javad Zarif and his Iraqi counterpart Ibrahim al-Jaafari in the Iraqi capital Baghdad.
Turkey launched a military campaign against what it claims to be ISIL targets in Syria and PKK positions in northern Iraq last week, after an ISIL attack in the southwestern Turkish town of Suruç claimed the lives of at least 32 people on July 20.
“Turkey still supports ISIL right now,” said Ameri, adding “I think [the strikes] Turkey carried out were to support ISIL and not what some had imagined,” said Ameri.
Ankara blames the PKK for a string of attacks against its security forces in recent days and has vowed to continue fighting ISIL, which has taken over parts of land in Syria, Iraq and Libya.
Turkey’s pledge to confront ISIL Takfiris comes despite its longtime support for the militancy against Syrian President Bashar al-Assad, with reports showing that Ankara actively trains and arms the Takfiri extremists operating in Syria, and also facilitates the safe passage of foreign terrorists into the Arab country.
Iraq’s army has been joined by Kurdish forces, Shia volunteers and Sunni tribesmen in operations to drive the ISIL terrorists out of the areas the Takfiri militants have seized.
The American Nightmare: The Tyranny of the Criminal Justice System
By John W. Whitehead | Rutherford Institute | July 21, 2015
How can the life of such a man
Be in the palm of some fool’s hand?
To see him obviously framed
Couldn’t help but make me feel ashamed to live in a land
Where justice is a game.
—Bob Dylan, “Hurricane”
Justice in America is not all it’s cracked up to be.
Just ask Jeffrey Deskovic, who spent 16 years in prison for a rape and murder he did not commit. Despite the fact that Deskovic’s DNA did not match what was found at the murder scene, he was singled out by police as a suspect because he wept at the victim’s funeral (he was 16 years old at the time), then badgered over the course of two months into confessing his guilt. He was eventually paid $6.5 million in reparation.
James Bain spent 35 years in prison for the kidnapping and rape of a 9-year-old boy, but he too was innocent of the crime. Despite the fact that the prosecutor’s case was flimsy—it hinged on the similarity of Bain’s first name to the rapist’s, Bain’s ownership of a red motorcycle, and a misidentification of Bain in a lineup by a hysterical 9-year-old boy—Bain was sentenced to life in prison. He was finally freed after DNA testing proved his innocence, and was paid $1.7 million.
Mark Weiner got off relatively easy when you compare his experience to the thousands of individuals who are spending lifetimes behind bars for crimes they did not commit. Weiner was wrongfully arrested, convicted, and jailed for more than two years for a crime he too did not commit. In his case, a young woman claimed Weiner had abducted her, knocked her out and then sent taunting text messages to her boyfriend about his plans to rape her. Despite the fact that cell phone signals, eyewitness accounts and expert testimony indicated the young woman had fabricated the entire incident, the prosecutor and judge repeatedly rejected any evidence contradicting the woman’s far-fetched account, sentencing Weiner to eight more years in jail. Weiner was only released after his accuser was caught selling cocaine to undercover cops.
In the meantime, Weiner lost his job, his home, and his savings, and time with his wife and young son. As Slate reporter journalist Dahlia Lithwick warned, “If anyone suggests that the fact that Mark Weiner was released this week means ‘the system works,’ I fear that I will have to punch him in the neck. Because at every single turn, the system that should have worked to consider proof of Weiner’s innocence failed him.”
The system that should have worked didn’t, because the system is broken, almost beyond repair.
In courtroom thrillers like 12 Angry Men and To Kill a Mockingbird, justice is served in the end because someone—whether it’s Juror #8 or Atticus Finch—chooses to stand on principle and challenge wrongdoing, and truth wins.
Unfortunately, in the real world, justice is harder to come by, fairness is almost unheard of, and truth rarely wins.
On paper, you may be innocent until proven guilty, but in actuality, you’ve already been tried, found guilty and convicted by police officers, prosecutors and judges long before you ever appear in a courtroom. Chronic injustice has turned the American dream into a nightmare. At every step along the way, whether it’s encounters with the police, dealings with prosecutors, hearings in court before judges and juries, or jail terms in one of the nation’s many prisons, the system is riddled with corruption, abuse and an appalling disregard for the rights of the citizenry.
Due process rights afforded to a person accused of a crime—the right to remain silent, the right to be informed of the charges against you, the right to representation by counsel, the right to a fair trial, the right to a speedy trial, the right to prove your innocence with witnesses and evidence, the right to a reasonable bail, the right to not languish in jail before being tried, the right to confront your accusers, etc.—mean nothing when the government is allowed to sidestep those safeguards against abuse whenever convenient.
It’s telling that while President Obama said all the right things about the broken state of our criminal justice system—that we jail too many Americans for nonviolent crimes (we make up 5 percent of the world’s population, but our prison population constitutes nearly 25% of the world’s prisoners), that we spend more money on incarceration than any other nation ($80 billion a year), that we sentence people for longer jail terms than their crimes merit, that our criminal justice system is far from color-blind, that the nation’s school-to-prison pipeline is contributing to overcrowded jails, and that we need to focus on rehabilitation of criminals rather than retribution—he failed to own up to the government’s major role in contributing to this injustice in America.
Indeed, while Obama placed the responsibility for reform squarely in the hands of prosecutors, judges and police, he failed to acknowledge that they bear the burden of our failed justice system, along with the legislatures and corporations who have worked with them to create an environment that is hostile to the rights of the accused.
In such a climate, we are all the accused, the guilty and the suspect. As I document in my book Battlefield America: The War on the American People, we’re operating in a new paradigm where the citizenry are presumed guilty and treated as suspects, our movements tracked, our communications monitored, our property seized and searched, our bodily integrity disregarded, and our inalienable rights to “life, liberty and the pursuit of happiness” rendered insignificant when measured against the government’s priorities.
Every American is now in jeopardy of being targeted and punished for a crime he did not commit thanks to an overabundance of arcane laws. Making matters worse, by allowing government agents to operate above the law, immune from wrongdoing, we have created a situation in which the law is one-sided and top-down, used as a hammer to oppress the populace, while useless in protecting us against government abuse.
Add to the mix a profit-driven system of incarceration in which state and federal governments agree to keep the jails full in exchange for having private corporations run the prisons, and you will find the only word to describe such a state of abject corruption is “evil.”
How else do you explain a system that allows police officers to shoot first and ask questions later, without any real consequences for their misdeeds? Despite the initial outcry over the shootings of unarmed individuals in Ferguson and Baltimore, the pace of police shootings has yet to slow.
For those who survive an encounter with the police only to end up on the inside of a jail cell, waiting for a “fair and speedy trial,” it’s often a long wait. Consider that 60 percent of the people in the nation’s jails have yet to be convicted of a crime. There are 2.3 million people in jails or prisons in America. Those who can’t afford bail, “some of them innocent, most of them nonviolent and a vast majority of them impoverished,” will spend about four months in jail before they even get a trial.
Not even that promised “day in court” is a guarantee that justice will be served.
As Judge Alex Kozinski of the Ninth Circuit Court of Appeals points out, there are an endless number of factors that can render an innocent man or woman a criminal and caged for life: unreliable eyewitnesses, fallible forensic evidence, flawed memories, coerced confessions, harsh interrogation tactics, uninformed jurors, prosecutorial misconduct, falsified evidence, and overly harsh sentences, to name just a few.
In early 2015, the Justice Department and FBI “formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period…. The admissions mark a watershed in one of the country’s largest forensic scandals, highlighting the failure of the nation’s courts for decades to keep bogus scientific information from juries, legal analysts said.”
“How do rogue forensic scientists and other bad cops thrive in our criminal justice system?” asks Judge Kozinski. “The simple answer is that some prosecutors turn a blind eye to such misconduct because they’re more interested in gaining a conviction than achieving a just result.”
The power of prosecutors is not to be underestimated. Increasingly, when we talk about innocent people being jailed for crimes they did not commit, the prosecutor plays a critical role in bringing about that injustice. As The Washington Post reports, “Prosecutors win 95 percent of their cases, 90 percent of them without ever having to go to trial…. Are American prosecutors that much better? No… it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they ‘would be disbarred in most other serious countries….’”
This phenomenon of innocent people pleading guilty makes a mockery of everything the criminal justice system is supposed to stand for: fairness, equality and justice. As Judge Jed S. Rakoff concludes, “our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.”
It’s estimated that between 2 and 8 percent of convicted felons who have agreed to a prosecutor’s plea bargain (remember, there are 2.3 million prisoners in America) are in prison for crimes they did not commit.
Clearly, the Coalition for Public Safety was right when it concluded, “You don’t need to be a criminal to have your life destroyed by the U.S. criminal justice system.”
It wasn’t always this way. As Judge Rakoff recounts, the Founding Fathers envisioned a criminal justice system in which the critical element “was the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny.”
That shield against tyranny has long since been shattered, leaving Americans vulnerable to the cruelties, vanities, errors, ambitions and greed of the government and its partners in crime.
There is not enough money in the world to make reparation to those whose lives have been disrupted by wrongful convictions.
Over the past quarter century, more than 1500 Americans have been released from prison after being cleared of crimes they did not commit. These are the fortunate ones. For every exonerated convict who is able to prove his innocence after 10, 20 or 30 years behind bars, Judge Kozinski estimates there may be dozens who are innocent but cannot prove it, lacking access to lawyers, evidence, money and avenues of appeal.
For those who have yet to fully experience the injustice of the American system of justice, it’s only a matter of time. America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause, and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government’s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.
Without courts willing to uphold the Constitution’s provisions when government officials disregard them, and a citizenry knowledgeable enough to be outraged when those provisions are undermined, the Constitution provides little protection against the police state.
Philly Cop Punches Handcuffed Suspect in Face, Social Media Catches Officer Planting Weapon
By Cassandra Fairbanks | PINAC | July 24, 2015
Social Media is ablaze with allegations that a Philadelphia police officer can be seen planting a weapon on a man he had just punched in the face while handcuffed.
Philly cops charged the suspect with a firearms violation in 2010 but it was dismissed in 2013.
The pair of officers were well aware that they were being filmed, as they proceeded to punch the detained man, twice.
The video shown below was originally posted to social media in 2010, but has resurfaced with people claiming that the officer can be seen pulling a weapon from his pocket approximately 30 seconds into the video- before waving it before the camera and telling the witness to get that on film.
“Watch very carefully from seconds 32 to 36 the officer reaches into his right pocket and pulls out a small silver handgun. Watch it in slow motion. Planted it right on him. I shared this to my wall the other day but I just noticed that a few minutes ago,” Facebook user Tony Soto wrote.
“Did I just watch that cop pull a small gun out of his pocket, then try to act like he found it???” Another user, Meredith Goerlich asked.
Those commentators are referring to a portion of the video where it appears that the officer wearing a tie is trying to plant the weapon and the man yells.
Philly Cop rests his plant weapon on partner’s back
While the suspect’s hands are bound behind his back by the first officer’s cuffs, the Philly cop wearing his black tie can be seen sucker punching the suspect.
At the sudden noise, his partner tosses him to the ground.
That’s when the dandy officer in his black tie pulled a weapon from his police pants pocket and began rubbing it all over his partner’s back to keep balance.
The weapon then vanishes behind his partner conducting the collar on the suspect.
Magically, the gun conspicuously reappears at that moment and if you weren’t sure what was happening, even longtime cop watchers at PINAC were shocked by the brazen move the officer in the black tie pulled next.
The officer in question then waves the gun around and shows the weapon to the camera guy, “like he caught a fish in a barrel,” PINAC editor Grant Stern noted.
Following the resurfacing of the video, the Philadelphia Police Department issued a statement, which reads in full:
“Many citizens have sent our department inquires about the attached video (screenshot below), and we do appreciate the concern regarding the video.
We would just like to inform all concerned citizens that this video was originally posted on April 19, 2010, involving an incident in which a male was arrested for Violation of Uniforms Firearm act- VUFA (illegal .22 caliber handgun).
Five (5) years ago when this video was posted, our department was notified and conducted an Internal Affairs investigation into the incident. Internal Affairs sustained the allegations of verbal and physical abuse against the Officer.
In accordance with the collective bargaining agreement between the City and the FOP; the department’s Internal Affairs Unit sent this case to the Police Board of Inquiry with the recommendation for disciplinary action against the officer.
Once this case was heard before the PBI, they concluded that no disciplinary action should be given. The original arrest against the male was dismissed in July 2013.
This department maintains the commitment to address these types of incidents. We will continue to educate our officers to conduct themselves in a professional manner and provide them with the training to treat all citizens fairly and impartially.”
If there was no wrong-doing on the part of the officers, why were charges dismissed against the man who allegedly had an illegal weapon?



