Wednesday, February 06, 2008



Assault victim arrested and stripped by police

I am thoroughly disgusted by this story. There are people who continue to insist that the police are just really lovey-dovey types out to help us. Rubbish. Here is an utterly digusting video tape of police officers stripping a woman by force.

Let us put this in context. The woman in question, Hope Steffy was assaulted and a friend called the police to report the assault. The sheriff appeared and, instead of seeing the woman as the victim of an assault, he arrested her. She was the one requesting help from the police -- and the sad fact is, that if you are a victim of a real crime calling the police may make you a victim a second time.

When Hope was approached by the sheriff, according to witnesses, the sheriff threw her against the police vehicle -- remember this is the woman who was reported to the police as the victim of the assault. He then demanded ID from her. She meant to hand her license over and accidentally gave him the license of a sister who had died -- she was keeping the licence to remember her sister. Hope begged for the licence back and was instead arrested for "resisting arrest". I find that odd. You can't resist arrest without being arrested for something other than resisting arrest. The resisting can only take place as an actual arrest is being implemented. If the actual charge is resisting arrest without another charge being applied then it strikes me as a bogus charge imposed to try to cover up what was really going on.

Hope is then taken to jail. So after being assaulted she calls the police who arrest her and then jail her. In jail, and the video shows this, the police begin stripping Hope of all her clothes. This included male sheriffs officers holding her while she is stripped. This is specifically contrary to police policy and Hope is suing, and I hope she wins. In the law suit they demanded all video evidence regarding the arrest. They got one video. But there are is other video that has clearly gone missing or was never taken.

During the original callout the deputy sheriff did not video tape his approach to the victim, as demanded by policy. At the very least the only video available is that of the woman after she was arrested. So we have the deputy's word against that of the witnesses who dispute his claims.

But there is clearly a second video tape that has gone missing. A section of the video that was shown on the news the next night shows a deputy sheriff following the woman in jail as she is being put into a cell just prior to the assault where she is stripped of her clothes entirely -- and left nude for six hours with nothing to cover her but some toilet paper. In that video clip you can see this deputy is video taping this woman and what is happening. That video tape has gone missing and was not turned over to the woman's lawyers.

Watch the videos yourself. I contend, again, that the evidence is overwhelming that American cops are out of control. The police are not your friends and even if you have been a victim of a crime, calling in the cops puts you even more at risk. Only in the most dire circumstances, where the evidence is absolutely clear that you are a victim might you be safe but even then you never know. The police are not peace officers anymore, here to protect our rights. They are agents of the state who exist to force you to obey your political masters.

Report and video here




Kafka meets local government

The federal government is too distant, right? It's too far removed from the concerns of real people to be responsive to anybody but those with high-level political connections. State government is hardly any better; you're still talking about a distant capital and professional politicians with a taste for boundless power and little concern for the consequences of their actions. But local government -- that's better. You see the city council members at the market, you share a beer with them at the bar -- there's a human connection that makes all the difference, right? Maybe not. Read on.

The Haunted Hamburger is a destination restaurant in the old mining town of Jerome, Arizona. With stunning views out over the Verde Valley, good burgers and beer, and a location in a borderline ghost town (population in the 1920s: 15,000; population now: less than 500) it's a common place for tourists and locals to end up after strolling through town to gape at abandoned buildings and hit the shops and galleries. Recently, though, the Haunted Hamburger seemed destined to join Jerome's status as the fourth-largest city in the state on the list of do-ya-remember conversation topics.

In an op-ed for the Verde Independent, Haunted Hamburger owner Eric Jurisin details his run-ins with a bureaucracy that's definitely punching above its weight in red tape.
In March 2007 I heard through the "grapevine" that the use of the upstairs of our restaurant had changed, was unsafe, and we were going to be shut down. We thought surely there must be a mistake because diners have been seated in the upstairs of the restaurant for the last 30-some years without incident and with town approval. ...

Finally, in response to our numerous requests, a meeting was held in June at the Haunted Hamburger. We were given a list of four minor corrections to make. We said we would comply to avoid any issues with the town and be certain that our restaurant was safe and open for business. We got a building permit as directed, and completed the work in less than nine days and happily went back to Town Hall thinking this matter was being resolved. We told Jeanne Trupiano, Planning and Zoning director, that all of the work was finished and ready for inspection.

Imagine our surprise when she informed us that although we completed all of the requested work, and the town thanked us for our cooperation, the town decided that the upstairs portion of our restaurant would be closed anyway and we should talk to Fire Chief Molloy.

Thoroughly frustrated, we wrote to the town's attorney, Phyllis Smiley, again asking why the Haunted Hamburger was targeted for closure and what else needed to be fixed. Initially, she was as flabbergasted as we were. She said she would investigate and get back to us. The attorney told us that the fire chief still thought there were building code violations at the restaurant. We asked again what they were. She would not tell us. At this point we had written no less than six letters to the Town asking them to specify their concerns so we could address them. As a last-ditch effort, we went to Chief Molloy offering to sprinkler the building and we were told that was not an acceptable solution.

Did we get a list of what was an acceptable solution? No, instead Chief Muma served me with a criminal citation vaguely alleging our building was unsafe along with an order from the town closing the entire restaurant. The town said the upstairs was unsafe. We were stunned at this turn of events. When we questioned why the entire building was being closed, he replied ... "just the upstairs, for now." ...

Our building was the only one being cited for criminal violations. The town prosecutor, Kenton Jones, was surprised that a criminal citation had been issued by Chief Muma. In spite of Mr. Jones' initial reaction, he could give no specific explanations for charges and refused to dismiss the charges. Having had no success with the town officials or their attorneys, we made a written appeal to the Town Council. Surely, the chief of police and the fire chief could not close our restaurant without an appeal process. The town's attorney rejected the appeal in a one-paragraph letter, saying we needed to appeal to the Appeal Board. The Appeal Board does not exist.

The issue has now been settled for about $50 in repairs to a fire escape and promises of future alterations. In a news account of the settlement hearing, we get a timeline of the dealings between the restaurant and the town leading to the recent conflict:
[Attorney John] Phillips said Jurisin's reputation was tarnished by the town as a "do-nothing merchant" in terms of fire safety, and recited the history of the Haunted Hamburger second floor.

In 1993, the restaurant operator was told that he would need to make a couple of changes in order to seat more than nine customers upstairs. Those changes included roof repairs and the creation of a second fire escape. The town building inspector at the time, Michael Kamrar, also a carpenter, offered to design and build the second fire escape. And in 1994, the emergency exit was "designed, built and approved," he said.

In 2002, the town complained because the fire escape had been built through a bathroom that locked on the inside. Jurisin agreed to take out the bathroom.

Then in 2007, the restaurant started to hear that the town wanted changes again, this time "a four-story fire escape."

Phillips said that there was no notice, no chance for appeal, and no opportunity to talk with town officials when the police chief posted a closure notice. The attorney noted that even though the building code calls for a board of appeal on such town actions, the town has no such board to appeal to.

At that hearing, witnesses for the restaurant include former Town Clerk Al Palmieri and former Fire Chief Dave Hall. Hall's testimony is particularly revealing, since he's the official who signed off on the fire escape that current Jerome officials now find inadequate.

By Hall's own admission, the fire escape he signed off on -- which was designed and constructed by the town building inspector -- doesn't meet code. That means the Haunted Hamburger faced potential closure of the business and repair costs imposed by town officials for code violations that were approved by town officials. Following procedures and getting the proper permissions isn't enough; now town residents are expected to shoulder the burden if the government officials administering those procedures and issuing those permissions violate their own rules along the way. Damned if you do and damned if you don't.

As for that appeals board that's supposed to handle conflicts between locals and officials but which just doesn't exist? The local paper has editorialized that Jerome just might want to consider giving the thing some life.

There's a lot of romantic talk in American political life about local government being the most responsive and representative level of government -- the one at which most matters should be handled. I think that's probably true -- for what little it's worth. In reality, Eric Jurisin's experience demonstrates that proximity to the people doesn't mean that much. In a town of 500 residents, a savvy and well-established local business owner was still taken on a tour of a bureaucratic maze that could have destroyed him. The sole value of local government in this case was that Jurisin was able to put his reputation to work to drum up public support, and the town of Jerome didn't have the near-endless resources of a state or federal agency to draw on when a legal battle became inevitable.

State, federal, local -- it doesn't matter. When you hand coercive power to government officials, people suffer.

Report here



(And don't forget your ration of Wicked Thoughts for today)

1 comment:

Anonymous said...

Some facts in this case. The article was written by the business owner, not by the local paper, it was in "My Turn" of the editorial section. What was contined therein had little to do with fact.

This matter started with the building inspector who caught the owner doing construction without permits, additionally the business owner equipped his restaurant with 93 seats, well over his posted occupancy of 80. This is a 100 year old building and a potential fire trap.

In April 2007 the owner was written letters seeking correction of the problems, the owner refused to install a proper fire escape and ultimately was issued a citation in July of 2007. More meetings and letters and he refused to budge. He lost his first court hearing in August 2007.

In December of 2007 he filed suite on the town, in the first hearing of that suite the former Fire Chief took the stand (for the business owner mind you) and basically labeled the building a "fire trap".

The two sides agreed to settle, but it was not a $50 fix as the business owner claims. He was required to install a complete fire sprinkler system and build a new metal fire escape. The same thing he was asked to do almost a year before. He cost the town the $20,000 and himself about $130,000 in legal bills.

Oh, buy the way this is not some poor little owner, this man owns four restaurants, multiple homes and other businesses.

He told the building inspector the reason he sued the police chief was because he "hated him" but liked the building inspector. He also told the Fire Chief that he would "bankrupt the town" before giving up a single seat in his restaurant.

Don't judge before knowing both sides of the story. I have the proof if you need it.

Allen Muma, Chief
Jerome Police Department
Jerome, AZ