Friday, July 2, 2010
ACLU of Northern California Statement on Mehserle Trial and Upcoming Verdict
Politics / People / Law Enforcement & Crime Robert Gammon — Fri, Jul 2, 2010 at 1:05 PM
Statement of Kelli M. Evans, ACLU-NC Associate Director:
The shooting of Oscar Grant by BART police officers in January 2009 remains a tragic reminder of the need for serious efforts to rebuild trust between law enforcement and communities of color. No matter the verdict in the Mehserle trial, the need to rebuild community trust in law enforcement will remain. In too many American cities, racial tensions between the community and law enforcement run deep. Police oversight remains a critical issue in truly ensuring both public safety and public trust.
No doubt, Oakland residents and other people following the trial will have a wide range of emotions. Following the verdict, community members need to be able to peaceably exercise their First Amendment rights to demonstrate and to express their opinions about the ruling.
Any police response to demonstrations must respect the rights of the people to peacefully exercise their freedom of speech, no matter who they are or the reason for their protesting. It’s important to be mindful that violence is never protected speech, but it is also important to remember that neither the mere possibility of violence, nor the bad acts of a few, can justify the blanket suppression of peaceful demonstrations and protests.
Comments (7)
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Glendale Police in Glendale California is oppressive to anyone that is not on their corrupt force. Harassment is the norm no matter what the color of your skin is.
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As the wife of a police officer I know personally many, many officers of all races and NOT one of them is racist they all work together and desire to serve the community they work for to the best of their ability. What happend is a tragedy to all of them, but it is not only a tragedy for the Grant family it is a tragedy for everyone involved including Mehserle. No matter if he is convicted or not he has to live with the fact that he shot someone...something NO officer ever WANTS to do. I truly believe it was a horrible accident and that no one should have to go to jail for an accident. Crime involves intent...he did not intend to kill anyone only to control and out of control situation. If you are driving a car legally and turn a corner and hit a small child you would feel horrible, and should not also have to be tried for murder if that child should die. You would be responsible and liable, but you did not commit a crime even thought it turned into a horrible tragedy. This is the same thing on the Grant case it is not because he is a cop that Mehserle should get off...it is becaue it was a horrible, terrible accident and not a crime. Please try to put yourself in the shoes of those that work hard every day many times for very long hours to try to protect and serve this us. Who never truely are off-duty because that are technically peace officers 24 hours a day. I feel horrible that this situation has happend and maybe evenyone can learn from it, but that does not make Mehserle guilty of a crime and that is true whether he was a peace officer or a citizen and regardless of the color of anyone's skin.
I live in the flatlands in Oakland—some call this the ghetto. I am white. My neighbors are white, black, Hispanic and Asian—we are working class, poor, and some professionals. Crime is a concern. The police are here a lot. The only killing that occurs here is civilian-related: young men murdering young men for the most part. Senseless killing, the details of which I am not privy, but word of mouth usually has it that it was related to "turf" or drugs or, sometimes, because one boy looked side-ways at another boy's girlfriend. As a suburban white man who moved to what some refer to as the ghetto, I was surprised to find that the area is NOT divided and frightening. I do not experience a tense, racially divided neighborhood. People are not afraid and suspicious of each other. I almost feel like there are a minority of people in Oakland WHO WANT the dissonance, mistrust and division. And if they don't see it, theyre gonna make it happen.
Oakland had a terrible period in the 60s: economic downturn; "white flight"; racial turbulence; the stories of bad cops and racially motivated arrests are legion. In the 90s, the rough riders and their little scheme screwed Oakland royally. Unforgiveable.But those were 4 cops- 4 corrupt men.
I've lived in the flats for 5 years. I've met Oakland cops--all colors and ages. They were good people. They loved Oakland and clearly did not want harm to come to any citizen. Oakland is ripe with drug sales and the violent crime associated with that. Sneaker pimps are up and down W. Macarthur and in other areas. The idea that there is a Gestapo-like police force ransacking the city and billy-clubbing innocent citizens is hard to swallow. If I thought Oakland was a place where the police ran reckless, I wouldn't live here.
The carte blanch comment --- not sure where you would get that. It's inflammatory. And it isn’t true. If you have personal experiences with the police that are unacceptable then ne passionate and productive. Write about it; speak up. Be heard. March if you need—but peacefully.
It would be one thing if a corrupt, bully-thuggish white Oakland cop roughed up an innocent black boy and shot him out of hatred. In our case, we have a transit cop on New Years' Eve on public transportation amidst a crowd of revelers --many of whom were drunk (possibly tweaked/high). Some were fighting. I have no clue what Oscar Grant was doing that night; or whether he was detained for something legit or not....but I've been in a loud, boisterous, drunk crowd before at late hours. It can be terrifying and confusing. (I was in the Castro when someone was murdered). Clearly, this transit cop was not qualified to be in that position--whether he is unable to think clearly under pressure or whatever.....
A tragedy occurred. A young man is dead. Let’s compensate the family and honor his memory...But not with a riot that results in physical injury and the devasastation of black-owned businesses. How does that honor Oscar grant?
There are a minority of people with a longstanding hatred for Oakland Police. There are a minority of cops who are racist and vengeful. This isn't about the Oakland Police and it isn't about an Oakland boy. This was not a lynching and trying to make it the spark for someone else's revolution, is irresponsible and will only create more division in Oakland.
I guess I have to ask again (from Oakland. I'm sitting in downtown right now) what people are supposed to do when the police have carte blanche to kill people? I agree that violent protest doesn't achieve anything but when the JUSTICE SYSTEM allows someone to shoot someone else and get off, just because he's a cop...you propose marching?
First Amendment Rights cover speech. Inciting a riot is a criminal offence. One uses, initially, speech to incite a riot. So, law enforcement must exercise prudence and judgment in how to respond to those who speak, in the context of a large public, legal gathering, in a manner that encourages other people to move from violent speech (by definition legal) to violent behavior (illegal).
There are among us many whose hearts seek peace and justice. There are others who seek justice but care not for peace. We hear less and less of non-violent action. The words of MLK, JFK, RFK, Gandhi, the Dali Lama (and ultimately Malcolm X).....now largely fall on deaf ears among urban activists. Demonstrators today wear Che Guevara shirts and wave flags emblazoned with his image---indicating a shift in thinking among the activist community that tolerates violence as a means to peace.
Oakland-- of all cities in this nation---can attest to the failure of violent protest. Violence -- by police, by black panthers, by agitators from afar who came to assault the army induction center.......it all lead to blood and tears.
Let's not repeat this. Wake up. Are there no 50-somethings left in Oakland to raise their voices, from experience, against this?
Tasers shouldn't be designed in any way, shape, or form like deadly sidearm guns in holsters. Anything with a "point and shoot" trigger might be confused again. Why can't they make 'em push-button? Or pull-strap? My kids play xbox, & not one day goes by that theyu don't misfire a left hand "weapon" when they meant to hit a right one, sending smoke granades in Call of Duty instead of whatever they meant to send. I'm not defending Mehserle-- but cops will ALWAYS come up with this "confusion" excuse until WE demand that they change the design and location of tasers.
I think the real question is, "Will a police officer who denies intent ever be convicted, even if caught red handed?" Probably the answer is, "No". Seems to be a pretty gaping hole in our system, even if we trust police officers, trusting every individual 100% is ridiculous. If he's aquitted, we won't have to wonder why people are rioting. The police have a blank check to do whatever they want.
