User login

Who's online

There are currently 6 users and 50 guests online.

Online users

  • FindTattooz
  • chad360
  • Guglielmo
  • furrerdw
  • annecloscom
  • Burr

OlyBlog is powered by:

    Creative Commons License
 
Submitted by Berd on Tue, 11/10/2009 - 8:58pm.

Glass Sculpture I spent a large part of the last couple days at the United States Courthouse in Tacoma. I was there to observe a trial over allegations of the use of excessive force brought by two protesters (Wes Hamilton and Larry Mosqueda) against certain members of the Olympia Police Department, as well as the City of Olympia.

It was an interesting experience, I am going to share a few observations and opinions. Closing arguments were made today. And I was struck by a few aspects of the trial. (Disclaimer: I am a biased observer. I am strongly opposed to the imperialism of the United States, and I also strongly believe that the imperialism of our nation is one of the most grievous and heinous harmful features of life in the world today. I could go on and on waxing eloquently, and perhaps ineloquently, about the multitudinous nefarious and sundry aspects of our modern day socio-political-economic system. This issue means a lot to me. I care a lot. I have a lot of passion, and I bear a lot of resistance to the harmful nature of this dirty rotten system in which we live. So that's my bias. I just want to be clear and upfront with you, dear reader.)

I'll try to keep it brief, and to a few of my most present thoughts. I was most struck, and genuinely keen about observing the closing arguments of the defense attorney, Donald Law. I found the argument at times to be offensive. It was also highly illustrative of a concept I am learning about called the dominator paradigm (ref: Promoting Diversity and Social Justice, Educating People from Privileged Groups, by Diane J. Goodman). The attorney had what I perceived as a posture of arrogance and derision. He made demeaning and disparaging remarks toward the plaintiffs. I guess that is the price of winning in this society. It was really something to watch and hear. The defense attorney capitalized on differences between people in order to cast doubt on the character of the plaintiffs.

The representation for the plaintiffs in contrast, was polite, and well-mannered, and never demeaned the police officers, even while calling into question the veracity of both the officers' statements, and the defense's arguments. So, on that score, I think the plaintiffs are definitely winners, no matter what the jury verdict - in part at least because they did not stoop to the level of demeaning the character or position of the alleged offenders.

One part of the defense's closing argument that struck me was the idea that the police were attempting to "restore order." Were the police trying to restore order? Order to what? Order for whom? Were they trying to restore the order of military imperialism?

Oppositely, is it possible that the protesters were also trying to restore order? I think so. And I think that, given a complete understanding of the geo-political aspects of the situation, an argument can properly, truthfully and quite rightly be made that it was the protesters, indeed, who were more appropriately attempting to restore order in the right direction — toward social justice and away from imperialism, away from militarism, away from the dominator paradigm.

The defense attorney made mention that rules are designed to protect people. It is important to note that those rules don't seem to apply to the U.S. Government. The U.S. government harms so many people. Why aren't rules being enforced against the harmful actions of our government and the most powerful corporations? Rules are supposed to protect people, but instead I am seeing rules being used to enable an unjust status quo, a reality where people with the most wealth (who are oftentimes seen profiting off of the most harmful industries, including the war/military industry) subvert common interests by asserting influence over government. The subversion of common interests is done for the sake of pursuing economic self-interest - toward the goal of political and economic dominance. In our society there is only room at the top for one winner. So in this reality, the struggle to achieve and have more than everyone else can never end. And don't get me started on the massively tremendous harmful activities that are externalized on health of poor people and the environment. Social and environmental violence is directly connected to social iniquity.

It's too bad that our society doesn't apply our rules to those who wield the most power. It's too bad that we allow corporations and the people who hold the most powerful positions in government to break the rules that apply to everyone else. Our government, and the corporations that are fastened to it: lie, cheat, steal, pollute, and commit the worst acts of violence. It's true. We even allow them to get away with murder. Decision-makers and those who influence them drive the worst abuses. It's said that slavery has been abolished - but at no time in history has the disparity in wealth between rich and poor ever been greater than it is now. The wealth-generating activities of the the most wealthy people are driving the worst environmental and social degradations and disasters. The situation is intolerable. If we care about ourselves and the well-being of future generations, we better stop playing these stupid games of cat and mouse and figure out how to fix the world. I know people care.

So this was a trial about the police. I have had a fair amount of interactions with the police. I was part of the protests, and I witnessed many of my friends and fellow protesters subjected to state violence committed under the color of law by the police.

I think there is a problem with the attitude of the cops. I think they think that they are superior to everyone else, and that they can get away with behavior that other people can't get away with. Behaviors like running red lights, speeding, pepper spraying non-threatening subjects, harassing, discriminating, and being intimidating.

My observation is that, both during the protests, and during the court room proceedings, as well as at other times, the police have behaved in ways that demonstrated attitudes of superiority. I don't say this lightly.

In the case of the protests, police power and military cargoes were put ahead of the well-being of the people who were protesting. So-called "order" (the order of military imperialism if you ask me) was put ahead, indeed, of the well-being of all people. I think that this needs to change. It doesn't have to be like this. A better world is possible. The protesters were relegated to an inferior status as compared to the military components of an illegal and immoral war of aggression.

So I am disappointed in the jury's verdict (according to a late report published at The Olympian, which has very few details.) And I am bothered by the conduct of the defense. From my perspective (close, and personal and albeit biased - though certainly NOT skewed away from truth,) it is obvious that many members of local law enforcement agencies used excessive force in their treatment of port protesters. Quite simply, the military cargoes were put ahead of the well-being of people who were protesting (and indeed, ahead of all people.)

These protesters (especially in the cases of Hamilton and Mosqueda) were non-threatening and peaceful. Yet they were subjected to the chemical weapon oleoresin capsicum - an industrial strength version of pepper spray.

The protesters were doing no harm. In fact (as I already wrote above, and I am going to write it again) the protesters were attempting to prevent further harm from occurring. Rules are supposed to protect people. Rules are designed, in part (as the defense attorney said,) to prevent people from engaging in activities and behaviors which come at the expense of the well-being of others. There are even explicit rules (yes, including here in the USA) against Aggression. These were the rules that protesters were attempting to enforce. It's just too bad that it was without help from the police. In a better world, local police forces would not standby accomplice to wrongful military actions.

Our world would be a better place if rules were enforced without prejudice, and without discrimination - it would be better if rules were applied equally without regard to age, gender, race, ethnicity, religion, socio-economic status, physical emotional or mental ability, or any other personal qualifier. All people are equally worthy of being treated well.


Those who protest military shipments, and engage in acts of civil resistance to the deleterious effects of corporatism and war, are the true sheriffs. Society and the world will be a better place when there are enough people who are willing to stand directly in the way of the most harmful and heinous technological and military abuses of power.



The protesters are the true sheriffs.

To end on a positive note, I had a thought about a potential opportunity for reconciliation in all of this. Perhaps there is the possibility for reconciliation, because after all, both the police and the protesters are fundamentally interested in protecting people. I really believe this to be true. Perhaps what we need is for the police and the protesters to get to know each other more. Because right now, I think there is a lot of prejudice and mistrust going around. If the protesters and police are ever going to get along, then they will need to understand each other, and have a basic amount of respect for each other.

Long live the resistance to oppression and imperialism.

p.s. sorry for the ramble, I'm tired.)

Here are some more photos from Tacoma:

Welcome to the U.S. Court House Tacoma Union Station

Union Station

United States Courts

History is Not for Wimps

Art and Industry

Mount Rainier Cloud Cap

»

Well Said

Thanks for posting this obviously well thought out piece. It's something I've pondered before, the more I think about it the more I feel frustrated with the legal system. I think nearly everyone would agree that legal systems should be about protecting people (and the environment, animals, etc) from one another, and that seems to get lost really easy when issues such as illegal immigration or foreign wars get muddled in. What does it mean to protect, and who should we protect? Is it right to protect a weapon of war that has doubtlessly participated in the injury and death of innocences? I hope that the arrests at the port and that this particular legal action taken by these two protesters will spark some thought in people that might otherwise not be compelled to think about the issue. Otherwise we're just throwing money to lawyers.
»

Thanks and You're Welcome

Thank you for your supportive and thoughtful comments! I agree with your frustrations about the legal system. It is discriminatory and elitist and seems like it might be quite prejudiced against the advocacy of common interest causes.

I'm sorry if my write-up was a little windy and profuse, or unclear and difficult to read. I am obviously quite worked up about all this. There are many examples of the injustice and corruption that exists in our legal system. There are also highs, but then there are the lows.

I just attached a similar comment to Christian Hill's story at The Olympian about this case, but I am going to repeat it here:

The protesters are winners irregardless of the outcome of this case. Opposition and resistance to the tremendously harmful war-machine is principled, and it's important work toward making the world a better place for all people.


»

To play the Devil's advocate

There are plenty of examples in which our court system HAS defended and upheld the rights if not the very existence of the poor, down trodden and four legged. A few examples:

Our very own Author West uses the courts regularly to force local governments to operate transparently. each year hundreds of women use family court to end domestic abuse. Drug court has set hundreds back on a good path. State and Federal courts have protected what remains of our old growth forests and the critters therein. It should be remembered the inferior courts are merely applying the law created by political bodies. The frustration with a verdict is more the result of the underlying laws and not the decisions of the courts and in the case of jury trials, our peers. 

Could it be that the two plaintiffs had a poor case and 12 jurors thought so?

»

I'm with you on this Laurian

I think these plaintiffs had pretty weak cases and I'm not surprised they lost. I witnessed what I thought was excessive force on others (deploying pepper spray directly in to the eyes at a very short range, against passive, non-resisting protesters). I'm sorry those individuals are not willing or able to challenge that tactic in the courts.
»

Love the pictures Berd

Help me out a bit, I feel like I can't nail down the story in my own head. So this was a jury trial? What was the makeup of the jury and was it unanimous? (sp?) I thought I read that the judge "threw the case out" which would be something different, and didn't make sense to me.

If it was a jury trial, larry and wes had a lawyer, so wouldn't they have been able to be part of the jury selection process? If 12 of their fellow citizens felt that the police were in the right, how can you refute that as a problem with the justice system?

»

Some more Details

Good questions Norm. Yes it was a jury trial, presided over by Judge Robert J. Bryan (who has been a federal judge for over 40 years if I heard and understood correctly.) There were 8 jurors. Jury verdicts have to be unanimous in order to prove something, so it's possible that the jury couldn't come to a unanimous decision in favor of the plaintiffs. (To attempt to clarify - my understanding is that in order for the defense to "win" only one juror needs to side with the defense.) I didn't remain in Tacoma to hear the reading of the verdicts, so I don't know what the break down was. (though i am curious)

The jury was composed of 8 people. 5 women and 3 men. Only one juror was readily identifiable (by me) as a person of color.

So - I might be wrong about this - it might be possible that 7 of the 8 jurors sided with the plaintiffs, Larry and Wes, and only as little as one juror resisted the plaintiff's charges of abuse. (I must admit I don't know how this works for sure. If anyone knows more about how these jury trials work, please clue me in.)


»

Use of Excessive Force Allegations

I believe that the case is strong for showing that members of the OPD used excessive force. I hope that there will be more cases brought against the OPD by the many people who were abused during the protest.

During the trial it was openly stated by the defense that the reason for using pepper spray was because it was expedient - and because there was concern that more people would have joined the protests if the citizen resisters would have been treated respectfully.

The OPD didn't want to get swamped making arrests, or have a full jail to deal with. So they decided to abuse the peaceful protesters with pepper spray as a means of explicitly avoiding nonviolent interactions. It's a strong case to say that these protesters were subjected to unnecessary and intentional state violence.


»

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

OlyBlog.net

OlyBlog is devoted to citizen journalism, including hyperlocal news and discussion specifically about Olympia, Washington. If you care about this community and are tired of corporate media, then this is the place for you.

If you'd like to contribute, please register for an account. Here is a list of local news beats that need to be covered. You can post your news as a personal blog entry, and it will be reviewed (and possibly edited) for promotion to the front page. Once you've established a record of responsible blogging, you can become an autonomous user. You can also send news via email. All members of OlyBlog agree to abide by our comment and fair use policies. If you are frustrated about something said in a comment thread, go here.

Support OlyBlog

OlyBlog is run by volunteers who care about Olympia. If you like what we're doing, make a donation:

Now playing at:

Get Firefox!


More Flickr photos tagged with "olympia" and "washington"

OlyBlog is a site for news and discussion about Olympia, Washington.
free hit counter