[News] Three activists went out to police the policeand ended up in jail
News at freedomarchives.org
News at freedomarchives.org
Wed Feb 23 11:15:19 EST 2005
Busted in Brooklyn
Three activists went out to police the policeand ended up in jail
http://villagevoice.com/news/0508,lee,61338,5.html
by Chanel Lee
February 22nd, 2005 2:37 PM
Shortly after midnight on February 9, Lumumba Bandele, Dasaw Floyd, and
Djibril Toure were driving down Greene Avenue in Bedford-Stuyvesant when
they heard police sirens wailing about four or five blocks ahead.
For the three young men, this was nothing new. They'd spent many hours
monitoring police activity for the Brooklyn-based Malcolm X Grassroots
Movement's Cop Watch program, armed with little more than a video camera
and a citizen's right to observe officers in the course of their duties.
However, the sight of several police vehicles running red lights on a
chase, and of one car speeding down the sidewalk, did raise an eyebrow. As
the young men approached the scene at Throop Avenue, a witness ran past
from the opposite direction, saying that police officers had just arrested
someoneand that the officers had used excessive force.
"It was obviously a stop," says Floyd. "It was obvious that something was
happening, or had already gone down."
By the time they got there, the Cop Watchers say, 39-year-old Christopher
Dukes was handcuffed and inside a police car, after allegedly threatening a
man with a knife. Toure says 15 to 20 cruisers were on hand, with at least
30 standing by. Turning on a video camera, Bandele, Floyd, and Toure made
their way toward the center of the actiononly to be ordered by an officer
to leave.
Invoking their legal right to observe, the three stepped back, and Floyd
continued to tape. Bandele says the officer again asked them to leave, and
again, the three asserted their right to observe, insisting they had no
intention of interfering. According to Toure, the officer then shoved
Bandele. When Bandele asked for the officer's name and badge number, the
officer began arresting the three. At some point, Floyd was thrown to the
ground.
Police confiscated his camera and took the tape as evidence. They accused
the three of interfering with the arrest of Dukes, preventing the recovery
of the knife he allegedly carried. In addition, they say Toure assaulted
the arresting officer by jumping on his back and punching him.
The Cop Watch volunteers describe themselves as having been cooperative, if
insistent on asserting their rights. "At no point in time was anyone
resisting arrest," says Floyd.
After being handcuffed and taken away in separate cars, the trio spent the
night in separate holding cells at the 79th Precinct on Tompkins Avenue.
That's the same precinct where Cop Watch members and other locals gathered
a year ago to decry the police shooting of teenager Timothy Stansbury Jr.
on a project rooftop.
Word of the Cop Watch arrests last week spread quickly, and an angry crowd
gathered at the 79th to demand their release. Community leaders were there,
too, including Councilmember Charles Barron and aides to Councilmember Al
Vann. By the time the three men were arraigned at central booking the next
evening, 200 protesters were on hand. Malcolm X Grassroots Movement lawyer
Kamau Karl Franklin describes hearing screams of support in an otherwise
"pretty dead place." When the night court judge released them, at about 9
p.m., the group responded with wild applause.
Now Bandele and Floyd face accusations of harassment, disorderly conduct,
resisting arrest, and obstruction of governmental administration. In
addition to facing those same charges, Toure remains accused of assaulting
an officer. Their initial pre-trial hearing is scheduled for March 30.
Brooklyn community leaders are reacting with outrage to this rendering of
the police department's creed, "Courtesy, Professionalism, and Respect."
"If you're practicing CPR, why would you get nervous about being filmed?"
fumes Councilmember Barron, a Democrat from East New York and a onetime
candidate for mayor. "You should be happy to be filmed. If you're not doing
anything wrong, you shouldn't have a problem with being filmed."
Others express anger at what they believe is an attempt to railroad
community organizers known for monitoring police.
Jeffrey Fogel, legal director of the Center for Constitutional Rights, says
police too often slap charges on anyone who tries to challenge them in the
streets. "Resisting arrest is an easy one to stick on people," he says.
"Even if the arrest is no good, people can be charged with resisting." It's
also not unheard of, he says, for police to drop a felony assault charge if
defendants promise not to sue.
A spokesperson for the New York Police Department stresses that the agency
works with community groups but won't tolerate meddling. "When officers are
interfered with, it's a serious offense that results in criminal charges,"
says Deputy Chief Michael Collins.
The Malcolm X Grassroots Movement was founded in 1995 and immediately
became known for its focus on human rights violations in the African
American community. In addition to running Cop Watch and pushing for law
enforcement reform, the group provides clothing and meals for the homeless,
sponsors a series of educational forums on everything from tenant
organization to the prison system and racism in the music industry, and
works to shed light on the plight of political prisoners. Cop Watch began
in 2000 as a response to the police killing of Amadou Diallo in the Bronx
as well as the surge in complaints of police brutality in central Brooklyn.
As a whole, Brooklyn recorded 1,756 complaints to the Civilian Complaint
Review Board in 2003, and over 1,000 in the first six months of 2004.
Brooklyn North, which includes the 79th Precinct, recorded 1,003 complaints
in 2003, the second highest tally in the city. As for the 79th itself, in
the year and a half between January 2003 and June 2004, there were 222
complaints.
"This kind of thing happens all the time, but not everyone has video
cameras," says Floyd. "People are conditioned to expect this kind of
treatment by police."
Cop Watch carefully teaches its members to conduct lawful patrols, says
attorney Franklin. "I know that our folks are trained to do these. They
know their rights, what to do and what not to do," he says. "I know they
were only documenting and videotaping."
In the last year, Cop Watch has trained about 250 people, teaching them how
to safely intervene in incidents of police misconduct. They learn how to
invoke their right to observe from a reasonable distance, inform suspects
of their rights, question officers about their use of force, and interview
witnesses.
As many as 50 volunteers now regularly conduct patrols. Despite the recent
setback, Bandele, Toure, and Floyd have insisted that Cop Watch will
continueand expand. "It has to continue," says Floyd. "We have video
cameras, [but] there's no telling what could happen to people who don't
have documentation or know the law the way they should."
"This doesn't come in a vacuum," says Toure. "When people question things
that are abnormal and are arrested, we have to make connections. This is
not about us, this is about everyone who's been stopped and searched. We're
trying to make everyone aware of their rights."
"We want everyone to be very clear that Cop Watch will continue. We have
actually been approached by other organizations to implement Cop Watch in
their own communities," says Bandele. "Tactically, this is one of the worst
things the police department could have done."
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