[MN-Pol] RNC Reaches into NE MPLS
From:
Tony Webster
Date:
Aug 29 01:36 UTC
Short link
Buses do have cameras and if the video is saved, the Metropolitan Council is
a government organization and subject to the Minnesota Government Data
Practices Act. I would assume that those videos are public information for
the cost of preparation. The only reason they wouldn't be is if they
consider the faces of individuals riding the bus to be private. That could
be fought in court by saying individuals on the bus do not have a reasonable
expectation of privacy and they are in a public place, but that's not the
subject at hand. If not, anything is subject to a subpoena should this
actually reach prosecution or when the journalists hopefully pursue this
matter in court.
I am quite pleased that the journalists obtained their equipment back after
a much unnecessary delay. I have said it a couple times, but I'm quite
pleased with Cam Gordon's leadership on this issue in the absence of any
police leadership -- he's gone above and beyond. City Council Members
should not have to fix the errors of a city department that apparently needs
training wheels again.
Just the same, I'll have to assume the that what we've heard is the truth,
since the MPD hasn't done their own press release aside from the Deputy
Chief's comments in an e-mail to the Mayor and City Council. As such, it's
quite disappointing that a search warrant was successfully obtained
(according to the Minnesota Independent), presumably with false information,
to search and copy data.
And then Sgt. William Palmer says, according to the Pioneer Press, "They got
everything back but the marijuana." Vlad, one of the detainees, denies that
allegation and counters, "...that would have been grounds for arrest, but we
weren't arrested." Obviously if the officers at the scene were so intent on
detaining them and their property, they would have used ANY evidence to book
them in jail. Sounds like planted evidence to me, and that's a new and
quite scary tactic for law enforcement to use in an attempt to subvert
justice.
The Minnesota Independent quotes St. Paul attorney Ted Dooley, "It's not
really a coincidence that they went after someone who had a history of
exposing just this kind of behavior by the police, ... it just seemed a
little bit planned."
Deputy Chief Valerie Wurster's claims in the e-mail to the Mayor and Council
are not substantiated by any video evidence from the squad cars at the
scene, so it's hard to take her seriously. Furthermore, her comments that
the journalists "...refused or were unable to tell
officers were they were going or where they intended to spend the night," is
not a legal requirement and any officer requiring them to do so -- or using
that as a basis to detain them or their property -- is violating their
constitutional rights. Her statement that "these individuals were detained
... because they did not provide complete answers to officers questions," is
an admission by the MPD, and perhaps a warning to us all: you no longer have
the right to remain silent in Minneapolis.
Still waiting to hear and see evidence showing probable cause.
Tony Webster
Loring Park
On Thu, Aug 28, 2008 at 7:58 PM, Jim McGuire <Seamus@pro-ns.net> wrote:
> Someone could correct me if I'm wrong, but don't busses these days
> have video cameras on them? If so, would it be possible to get the
> footage from the 17 bus in question that the videographers state they
> were riding. That could confirm their story and the Met Council
> might* (key word is might) be more co-operative than the police.
>
> There's also the fact that buses are now tracked by GPS could nail
> down exactly where that bus was and when, though I'm not sure the GPS
> data is saved.
>
> Jim McGuire
> Como
>
> At 04:04 PM 8/27/2008, Cam Gordon wrote:
>
> >I am concerned by the reports of the incident Monday night in which
> >Minneapolis police officers detained three out-of-town
> >journalists/videographers and confiscated personal possessions
> >including two video cameras, two still cameras, two cellphones,
> >notebooks, fliers, a backpack full of clothing and other personal
> >effects, and even allegedly some cash.
> >
> >However, Im very pleased to say that after the media attention and
> >my inquiries, the journalists property has been returned to them today.
> >
> >I have heard from Minneapolis Police (MPD) administration that these
> >journalists were detained on suspicion of trespassing on railroad
> >property, and that the personal belongings of these journalists were
> >held pending review by the Joint Terrorism Task Force.
> >
> >The journalists have flatly denied that they set foot on railroad
> >land. There are several reasons that I suspect they are telling the truth:
> >
> >- They claim to have been walking to the corner of 6th Ave NE and
> >27th St NE from the bus stop at Washington Ave and 27th, two blocks
> >to the east, where they had just gotten off a number 17 bus. This is
> >supported by the bus schedule, which indeed stops at that corner at
> >1:28am, minutes from the beginning of the incident. The rail yards
> >are to the west of the house at which they were staying.
> >- According to the journalists account of the incident, the police
> >originally questioned them about car burglaries, not trespassing.
> >This has not been contradicted by any statement of the MPD.
> >- The MPD claim that officers confiscated these possessions to
> >search for documentary evidence that the journalists were indeed
> >trespassing on rail land. This offers no explanation whatsoever as
> >to why the bag full of clothing, notebooks, fliers and money were
> >confiscated, as none of these possessions could possibly offer
> >evidence of the alleged trespass.
> >
> >The City Attorney is still deciding whether or not to press
> >misdemeanor trespass charges. I would be very surprised if any
> >charges were filed.
> >
> >I have joined with the journalists in calling for the MPD to release
> >the squad car videos, which can quickly substantiate either the MPD
> >or the journalists version of events.
> >
> >If the evidence fails to prove that these folks were trespassing on
> >railroad property, I think a public apology to them from the City
> >should be done.
> >
> >This is unfortunately not the only incident in the last several days
> >in which journalists have been targeted by the MPD. KSTP news has
> >footage of one of their cameramen being pushed into an elevator by
> >an MPD sergeant, to prevent him from filming a protest. Another
> >person also claims to have been detained and verbally abused for
> >taking pictures from a public sidewalk.
> >
> >This is a disturbing pattern, and as I have said, it sets exactly
> >the tone the Council was looking to prevent when we created the work
> >group to create a model for how the City can preserve the right to
> >political speech and civic debate without disrupting community life
> >during the 2008 Republican National Convention last Spring, and when
> >we passed the Police Practices Resolution just last month. Part the
> >latter explicitly prohibits MPD officers from confiscating cameras.
> >
> >I hope that by returning these civilians possessions we can put this
> >incident behind us, and that by taking a careful look at all these
> >incidents, we can prevent further missteps and establish a better
> >climate of welcoming public scrutiny and the independent, free press
> >and mass media to enhance and strengthen civic participation rather
> >than stifle it.
> >
> >
> >
> >Cam Gordon
> >Seward
> >Minneapolis City Council Member, Second Ward
> >673-2202, 296-0579
> >cam@camgordon.org
> >http://www.ci.minneapolis.mn.us/council/ward2/
> >http://secondward.blogspot.com/
> >
> >p.s. Here is the update I received today from Deputy Chief Valerie
> Wurster.
> >
> >Dear Mayor and Council:
> >
> >Id like to clarify the facts surrounding the case of the three New
> >York residents who were detained in the Second Precinct near the
> >Canadian Pacific rail yards on August 26, 2008. MPD officers
> >observed three individuals with cameras, backpacks and camping gear
> >exiting the rail yards at 2604 6th Street NE at approximately 1:40 a.m.
> >
> >Our officers have extensive emergency preparedness training and
> >seeing unauthorized people leaving a critical infrastructure site in
> >the middle of the night was understandably concerning to them. The
> >officers stopped the three to question them about their activity in
> >the rail yard and collected their property to determine any threat
> >to officer or public safety. The individuals gave evasive answers
> >to questions. For example, they refused or were unable to tell
> >officers were they were going or where they intended to spend the night.
> >
> >Because trespass in a railroad yard can be a felony offense and
> >because this rail yard is frequently the site of hazardous
> >materials, personal property belonging to these individuals was held
> >pending review by the Joint Terrorism Task Force. Upon completion of
> >the review, the property was released to the individuals today.
> >
> >The case remains under investigation and will be forwarded to the
> >City Attorneys office for potential misdemeanor trespass charges.
> >
> >It is unfortunate that the media is portraying this trespassing case
> >as something connected to First Amendment rights. Nothing could be
> >further from the truth. These individuals were detained because it
> >appeared they were trespassing on federal property and because they
> >did not provide complete answers to officers questions. Please be
> >assured that the MPD works to protect public safety, ensure our
> >Constitutional rights, and uphold our laws.
> >
> >
> >
> >
> >
> >_________________________________________________________________
> >See what people are saying about Windows Live. Check out featured posts.
> >http://www.windowslive.com/connect?ocid=TXT_TAGLM_WL_connect2_082008
> >Cam Gordon
> >
> >Info about Cam Gordon: http://forums.e-democracy.org/p/camgordon
> >
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>
> Jim McGuire
> Como, Minneapolis
> Info about Jim McGuire: http://forums.e-democracy.org/p/jimmcguire
>
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