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Archive for September, 2020

Relative to the death of Ronald Greene back in May of 2019, maybe, they really are circling the wagons over at Louisiana State Police headquarters, as that retired state trooper said on Saturday.

Otherwise, why try to shield an internal report by LSP some 16 months after the fact? How long does it take to complete an investigation, anyway? And why not release the report to the public and even the attorneys for Greene’s family?

The explanation by LSP legal counsel Faye Morrison that the report is “pending review with the Lincoln/Union Parish District Attorney’s Office just doesn’t wash. (Greene’s death at the hands of six state troopers and a sheriff’s deputy occurred in Union Parish and both Union and Lincoln parishes comprise the 3rd Judicial District.)

Morrison also explained in denying a public records request by LouisianaVoice that LSP’s “administrative investigation into the same is ongoing.” Seriously? After 16 months? Tom Clancy wrote his 700-page spy novels in something like three months.

And why did it take LSP 15 months to decide to place one of those involved – that’s right, only one – on leave? And was it paid or unpaid leave?

Why was Greene’s autopsy performed out-of-state? That’s a really interesting question that needs to be answered. Perhaps there’s a perfectly logical reason but we’ve yet to hear an explanation.

Why did officers inform Greene’s family that he’d been killed when his car struck a tree when in fact, he only sideswiped a tree, causing minor damage to the rear driver’s side of his vehicle and despite it being learned later that he’d exited his vehicle under his own power and attempted to apologize for not stopping when State Trooper Dakota DeMoss first tried to pull him over in Ouachita Parish?

For that matter, what prompted DeMoss to initially try and pull Greene over? We’re told it was after DeMoss observed Greene commit “a traffic violation”? What, specifically was that violation?

Why did officers claimed that Greene was intoxicated when a post-mortem toxicology examination revealed there were no drugs or alcohol in Green’s system?

Why did officers continue to tase and beat Greene after he was handcuffed and lying on the ground, presenting no threat? A retired state trooper told LouisianaVoice that procedures call for a suspect, once cuffed, to be taken immediately to a patrol car.

Finally, and this is a really curious question that no one has asked yet: Why was an LSP captain (John Peters) involved in the pursuit at midnight? Pursuits are not that uncommon, according to a second retired state trooper interviewed by LouisianaVoice and almost never involve command-level personnel.

A lot of questions remain unanswered, but we’ll see how well officials respond now that CNN is taking an interest of the story in light of other reports of deaths and beatings of Blacks at the hands of law enforcement personnel.

Of course, Ronald Haley of Baton Rouge and Mark Maguire of Philadelphia, attorneys for Greene’s family, having now filed a wrongful death action in Louisiana’s Western District federal court, will demand all the pertinent documents, including reported text messages between Union Parish sheriff’s deputies and state police under the rules of discovery.

Other answers will likely come when the six troopers and Union Parish deputy Christopher Harpin are deposed.

In the meantime, the wagons have been circled.

 

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“Bill Barr has the chance to be the greatest of all time, but if he wants to be politically correct, he’ll be just another guy, because he knows all the answers, he knows what they have, and it goes right to Obama and it goes right to Biden.”

—Donald Trump, desperate to get what he believes will be a favorable report on his investigation into the origins of the Russian interference investigation out before the election. [Sounds like Trump’s getting a little antsy with his lapdog Barr. Maybe Barr should call Jeff Sessions for advice.]

 

“There is clear evidence that this motion reflects a corrupt and politically motivated favor unworthy of our justice system. The government’s failure to defend its own pretextual reasoning is matched by its silence on the subject of abuse of power,” the ex-judge added. “The government makes virtually no effort to deny or rebut the powerful evidence that its…motion improperly seeks to place this Court’s imprimatur on a corrupt, politically motivated favor for the president’s friend and ally.”

—Former federal judge John Gleeson, arguing on Friday that the Justice Department’s efforts to drop the case against former national security adviser Michael Flynn.

 

“It’s been 72 hours since I released 11 years of state and federal ta returns and challenged Jaime Harrison to do the same. Crickets. What is he hiding?”

—Donald Trump apologist Lindsey Graham, calling on his Democratic opponent to release his tax returns. [Yep, and it’s been 4 years since Donald Trump promised to return his. Crickets. What is he hiding?]

 

“The status quo is irrevocably altered once those documents are disclosed, even to the district attorney, because, you know, quite obviously you can’t make them forget what they learned. You can’t un-ring that bell.”

—Trump lawyer William S. Consovoy, arguing against the release of Trump’s tax returns. [Um, exactly. And that’s why we deserve a peek at what he’s trying to keep everyone from learning.]

 

“To put it bluntly: he didn’t have the guts to make tough choices ― he left that to governors and the states. Now he’s decided he doesn’t have to respect our state’s laws. As usual, he doesn’t believe the rules apply to him,”

—Nevada Gov. Steve Sisolak, on Trump’s defiance of Nevada’s prohibitions of gatherings of more than 50 people, a policy based on White House recommendations, after Trump held a large indoor rally in that state Sunday night. {But…he’s only trying to play the coronavirus down – just like he told Bob Woodward.]

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“They never said who they were. I didn’t know if I was going to be seen again. I didn’t know what was going on. But I could tell that I was being arrested or detained or something.”

—Evelyn Bassi, 30, a lifelong Portland resident, on being swept up by men in cammo who never identified themselves during protests in Portland, Ore. In July.

 

“This transfer that took place on June 2 was ordered by ICE headquarters. I do know that the local field office pushed back and attempted to refuse the transfer, and they were overridden by officials in Washington.”

— Jeffrey Crawford, the director of the Farmville, Va. Immigration jail, told Farmville’s town council on Aug. 12, after the Trump administration circumvented restrictions on the use of charter flights for employee travel by employing the ruse that detainees were being “transferred.” Among the Department of Homeland Security detainees were dozens who tested positive for COVID-19 who, in turn, infected 300 inmates of the Farmville facility, one of whom died. [The subterfuge by Trump allowed the rapid transfer of ICE agents employed to put down protests in Washington.]

 

“CDC to me appears to be writing hit pieces on the administration. CDC tried to report as if once kids get together, there will be spread and this will impact school re-opening . . . Very misleading by CDC and shame on them. Their aim is clear. The reports must be read by someone outside of CDC like myself, and we cannot allow the reporting to go on as it has been, for it is outrageous. Its lunacy. Nothing to go out unless I read and agree with the findings how they CDC, wrote it and I tweak it to ensure it is fair and balanced and ‘complete.'”

—Donald Trump appointee Paul Alexander, aide to Health and Human Services spokesperson Michael Caputo, in typical attack on the CDC’s weekly Morbidity and Mortality reports on COVID-19 by unqualified, non-scientist political hacks. [The attempts by Trump to deflect attention away from his epic failure in responding to the coronavirus continue long after his bombshell revelation to Bob Woodward.]

 

“The ballots in Nevada on election night should be seized by federal marshals and taken from the state. They are completely corrupted. No votes should be counted from the state of Nevada if that turns out to be the provable case. Send federal marshals to the Clark county board of elections, Mr. President!”

—Roger Stone, in an interview on Alex Jones’s Infowars, Sept. 10. [Stone also said Trump should seize total power and jail Bill and Hillary Clinton, Mark Zuckerberg, Harry Reid and Apple’s Tim Cook, and form “an election day operation using the FBI, federal marshals and Republican state officials across the country to be prepared to file legal objections ([to results) and if necessary, to physically stand in the way of criminal activity.” [This, and the quote below, are prime examples of Third-World patriotism.]

 

“We’ll put them down very quickly if they do that. We have the right to do that. We have the power to do that if we want. Look, it’s called insurrection. We just send in and we, we do it very easy. I mean, it’s very easy. I’d rather not do that, because there’s no reason for it, but if we had to, we’d do that and put it down within minutes, within minutes.”

—Donald Trump, in interview with Fox News’ Jeannine Pirro, on Saturday. [If this dangerous rhetoric doesn’t serve as a would-be dictator’s desperate attempt to cling to power, nothing does.]

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Question: How long should it take to complete an investigation of an “in custody death” involving Louisiana State Troopers LSP) and a deputy from the Union Parish Sheriff’s Office?

Well, in the words of one retired state trooper, such investigations are normally carried out “quick, fast, and in a hurry.”

So, why have details of the death of Ronald Greene at the hands of six troopers and deputy Christopher Harpin of Union Parish taken 16 months and counting?

Because “they’re circling the wagons,” says the retired trooper (I’ll call him Bob, though that’s not his real name. He prefers not to be quoted by name, but he did admit he viewed part of the body cam video of Greene’s take-down and describes it every bit as bad as the GEORGE FLOYD (the man who died as a Minneapolis Officer held his knee on Floyd’s neck) death. The infamous photo that showed Derek Chauvin calmly holding Floyd down with his knee until he died has sparked more than three months of protests.

Bob told LouisianaVoice that he “saw part of the video” and “overheard part of the conversation” of LSP investigators as they reviewed the video. “There were several troopers in the room as I walked past. Any time there’s lethal-force death, it’s pushed up the chain of command. They were talking about something being wrong.

He said he paused at the door and observed officers holding Greene on the ground. “I’ve never recalled holding anybody on the ground once he’s cuffed. We’re not trained to do that. We’re trained to get them cuffed and into our unit (patrol car). I asked if he (Greene) was cuffed and they (the investigators) said yeah.

“That really gets to me,” he said. “It’s no different than it’s ever been. A simple solution is to be honest, but they’re not doing that.”

LouisianaVoice made a public records request for the investigation report, disciplinary records stemming from Green’s death and all text messages between deputy sheriffs in Union and Ouachita parishes and any of the six troopers involved.

The request for text messages was based on reports LouisianaVoice received that such exchanges pertaining to the Greene death did, in fact exist, though the content of the messages is unknown.

We first received the stock answer that records would be reviewed and redacted as necessary and if deemed public, the records would be ready in 45 days – an abnormally long time to respond to a public records request.

I emailed a response from Faye Morrison’s administrative assistant expressing my displeasure at such a long wait:

From: Tom Aswell
Sent: Friday, September 4, 2020 3:40 PM
Subject: RE: PRR – Ronald Greene

Please convey to Ms. Morrison that 45 days in unacceptable. You can redact an entire book in fewer than 45 days. Please have the requested documents prepared and ready for examination by close of business on September 17. That’s 10 working days. This is not negotiable.

LSP attorney Faye Morrison also informed me that an investigative report (and all related documents) “is pending review with the Lincoln/Union District Attorney’s Office (both parishes are in the 3rd Judicial District).”

Following is the latest communication LouisianaVoice received from attorney Morrison:

From: Faye Morrison <Faye.Morrison@la.gov>
Sent: Thursday, September 10, 2020 2:05 PM
To: ‘louisianavoice@outlook.com’ <louisianavoice@outlook.com>
Cc: Nick Manale <Nick.Manale@la.gov>; Chavez Cammon <Chavez.Cammon@la.gov>
Subject: PRR to LSP for documents related to the “pursuit, arrest and death of Ronald Greene”

Dear Mr. Aswell:  Please be advised that the information you seek in your public records request for:

All audio and/or video recordings taken during the pursuit, arrest and death of Ronald Greene in Ouachita and Union Parishes on the night of May 09/May 10, 2019;
·           All investigative reports conducted by Louisiana State Police of said incident;
·           All records of disciplinary actions taken against any and/or all Louisiana State Troopers involved in the incident, including but not limited to Trooper Dakota DeMoss, Master Troopers Chris Hollingsworth and Kory York, Sgt. Floyd McElroy, Lt. John Clary and Capt. John Peters;
·           All text messages between any deputy sheriffs from Union or Ouachita Parishes, particularly Union Parish Deputy Christopher Harpin, and any and all of the aforementioned members of LSP, in reference to Ronald Greene
,

is not considered public at this time pursuant to La. R.S. 44:3(A)(1).  LSP conducted a criminal investigation into the incident and that investigative report (and all related documents) is pending review with the Lincoln/Union Parish District Attorney’s Office.  Our administrative investigation into the same is ongoing. (Emphasis mine) As you know, this office does not maintain standing requests due to the volume of requests we receive.  That being said, please feel free to request an update at any time.  fdm

To date, only one trooper, Chris Hollingsworth, was placed on LEAVE – but not until last month, 15 months after Greene’s death.

A lawsuit has been filed by attorneys Ronald Haley of Baton Rouge and Mark Maguire of Philadelphia against the six troopers, Harpin and a “John Doe” corporation that manufactures Electronic Control Weapons (tasers allegedly used on Greene). Troopers’ statements given about the incident are conflicting and inconsistent, giving us sufficient doubt about events leading up to Greene’s death. Text messages, if they exist, could give insight into officers’ attempts get their stories straight. (Haley also represents the family of Trayford Pellerin, who was killed by Lafayette police on Aug. 21. About 100 persons gathered at the State Capitol on Friday to protest that and other police shootings of Black people.)

That possibility, by itself, casts yet another cloud on LSP, which has experienced several negative news stories over the past six years, beginning with attempts by former LSP Superintendent Mike Edmonson and then-Sen. (not State Rep.) Neil Riser to circumvent regulations that, if successful, would have given Edmonson more than $100,000 per year in additional retirement benefits.

Greene initially fled from State Police in Ouachita Parish and did not stop until he sideswiped a tree in Union Parish, doing minor damage to the rear driver’s side of the vehicle. He exited his car under his own power and began apologizing for not stopping initially

Among the discrepancies:

  • Greene’s family was initially told by police that Greene had died after hitting a tree;
  • A call for Emergency Medical Services concealed the face that lethal force had been used;
  • The police report failed to indicate the use of force;
  • Officers claimed that Greene was intoxicated before leaning that a toxicology exam found no alcohol or drugs in Greene’s system;
  • Greene’s body was transported out of state for an autopsy, thereby denying the family’s right to have a representative observe the autopsy;
  • An emergency room physician at Glenwood Hospital in West Monroe said, “Upon obtaining more history from different law enforcement, personnel, history seems to be disjointed and does not add up. Different versions are present…family states they were told by law enforcement that patient died on impact with tree immediately after motor vehicle accident, but law enforcement state(ed) to me that patient far out of the car and running and involved in a fight and struggle where…he was tased three times.”

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 “Things are happening on our watch that are clear signs of authoritarianism, and we have to push back.”

—Vanita Gupta, president and CEO of the Leadership Conference on Civil and Human Rights.

 

“We have relied on democratic norms and expectations for years that now turn out to be very weak in the face of somebody with an authoritarian bent. The electorate is becoming more diverse, and one group is trying to hold on to power by making it harder for Black, Latino and other minorities to vote.”

—Michael Waldman, president of the Brennan Center for Justice.

 

“A set of actors in the Trump administration and the Republican party have made it very clear that their intention is to hold on to political power at the expense of democratic institutions. It sounds outlandish to say that in an American election one party would refuse to admit the legitimacy of the result, but that’s very much where we are and all the rhetoric right now is about creating the atmospherics that would enable that kind of power grab on 4 November. Distrust is being stoked and weaponized, and a huge chunk of the country has been primed to disbelieve the legitimacy of the result – whatever that result is.”

—Sabeel Rahman, president of the thinktank Demos.

 

“We have not seen this level of intentional overt exclusion since the 50s and 60s.”

—Derrick Johnson, NAACP president, on voter suppression efforts by the Trump administration.

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