New Jersey: the laws broken


 

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With the recent revelations of e-mails between various New Jersey government functionaries and aides of Governor Chris Christie (up to and including his Deputy Chief of Staff, Bridget Kelly) prosecutors are probably looking at what laws may have been violated.  Here’s what the New Jersey Code of Criminal Procedure has to say:

 

2C:27-5. Retaliation for past official action

 

 

A person commits a crime of the fourth degree if he harms another by any unlawful act with purpose to retaliate for or on account of the service of another as a public servant.

 

Arguably Fort Lee Mayor Mark Sokolich was retaliated against because of his service as mayor of a New Jersey City.  Unlawfully shutting down a bridge in retaliation against him sure sounds like it fits the definition of the crime.

Lord Emerich Edward Dalberg Acton

Lord Emerich Edward Dalberg Acton

2C:27-12 Crime of corruption of public resources; grading.

1. a. A person commits the crime of corruption of public resources if, with respect to a public resource which is subject to an obligation to be used for a specified purpose or purposes, the person knowingly uses or makes disposition of that public resource or any portion thereof for an unauthorized purpose.

George Washington BridgeThe George Washington Bridge itself was “used” as an instrument by which to retaliate against Mayor Sokolich and against people who’d voted for Barbara Buono for Governor against Chris Christie, based upon the plain language in the emails that have been made public.  Again, this statute seems to fit the acts and omissions of Christie’s staff.

Obstruction of Justice2C:29-1. Obstructing administration of law or other governmental function

2C:29-1. Obstructing Administration of Law or Other Governmental Function.

a. A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

This statute speaks for itself and the subsequent efforts of Christie’s aides to cover up the offense fits the element of “obstructs the detection or investigation of a crime….”

Aiding Terrorism

One thing that causing the traffic chaos in Fort Lee teaches the world, including Al Qaeda and other terrorists who might have an interest in disrupting America, is that by simply screwing up bridges at the right place and the right time can cost billions of dollars and as we’ve seen, cost lives (like the 91 year old woman who may have died from the delay of EMT response services).  During the Vietnam War, a technique of disruption used by some activists was the “stall in.”  You get 3 or 4 junk cars the run, stall them in tandem on a downtown freeway interchange and voila:  chaos.  So now, terrorists need to take a few vehicles onto a bridge, get out, perhaps set them on fire, and walk away.  They don’t even have to blow themselves up in the process…and we have the Christie administration to thank for giving them the idea.

 

 

 


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150 Years Since Chivington’s Massacre


 

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We need to start planning for the 150th Anniversary of the Sand Creek Massacre, which will be November 29, 2014. From Wikipedia:

John Milton Chivington, war criminal

John Milton Chivington, war criminal

Damn any man who sympathizes with Indians! … I have come to kill Indians, and believe it is right and honorable to use any means under God’s heaven to kill Indians. … Kill and scalp all, big and little; nits make lice.
—- Col. John Milton Chivington[15][16]

 

 

 

Kit Carson

Kit Carson

Jis to think of that dog Chivington and his dirty hounds, up thar at Sand Creek. His men shot down squaws, and blew the brains out of little innocent children. You call sich soldiers Christians, do ye? And Indians savages? What der yer ‘spose our Heavenly Father, who made both them and us, thinks of these things? I tell you what, I don’t like a hostile red skin any more than you do. And when they are hostile, I’ve fought ‘em, hard as any man. But I never yet drew a bead on a squaw or papoose, and I despise the man who would.
—- Kit Carson[23]

Captain Silas Soule, abolitionist, Union Army officer

Captain Silas Soule, abolitionist, Union Army officer

There was a hero on the American side, Captain Silas Soule, a Kansas Jayhawker and Union Army officer in the Civil War who refused to allow his troops to participate in Chivington’s Massacre. He told the truth at Chivington’s court martial and was later assassinated by Chivington’s friends for his courage.


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Hanging Out on New Year’s Eve


 

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From goings on at the Talking Stick:

Carol McArthur & Patricia Nazario @ Talking Stick

Carol McArthur & Patricia Nazario @ Talking Stick

Hope Foye & Datri Kory @ the Talking Stick

Hope Foye & Datri Kory @ the Talking Stick

Chilean Singer/Songwriter Jacqueline Angelica Fuentes @ the Talking Stick

Chilean Singer/Songwriter Jacqueline Angelica Fuentes @ the Talking Stick

 

 

 

 

 

Lauri Reimer & Stefani Valadez @ the Talking Stick

Lauri Reimer & Stefani Valadez @ the Talking Stick

 

 

 

 

 

From my FB page:

https://www.facebook.com/events/644051785659328/

Tuesday

6:00pm until 2:00am

  • Partly Cloudy 70°F / 50°F
  • Friends, cohorts, droogs, and my other assorted riff-raff–I’m going to hang out for NY’s Eve at The Talking Stick Venice 1411 Lincoln Blvd, Venice CA 90291. Come & join me to rock in the New Year!

    New Years Eve Party hosted by Liquid Sound
    Tue, December 31, 6pm – Wed, January 1, 2014, 2am
    Calendar
    Talking Stick Events
    Created by
    talksticklive@gmail.com


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The Age of Billionaires


 

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The Word Neo is not New

 

The Age of the Billionaires

 

By

 

Rodolfo Acuña

 

 

 

L to R:  Jan B. Tucker, Dr. Rudy Acuna, Estela Ayala; @ Tia Chucha's

L to R: Jan B. Tucker, Dr. Rudy Acuna, Estela Ayala; @ Tia Chucha’s

Every day I realize more how little we have progressed since the nineteenth century in terms of ideas. Our technological advances dwarf our ability to conceptualize new paradigms. It is as if we are trapped in a twilight zone.

 

 

 

I personally agree with Heywood Broun's definition of "liberal" because I am a radical

I personally agree with Heywood Broun’s definition of “liberal” because I am a radical–Jan B. Tucker

Take, for example, the word liberal. During the 18th Century Enlightenment, it meant the secularization of society, i.e., the privatization of Church properties. Today a liberal is someone who is for social justice and a mixed economy – she is for voting rights, abortion rights for women, and government programs.

 

 

 

Neoliberalismo

Neoliberalismo

However, currently the term neo-liberal has crept into our vernacular. This usage is based more on its 18th and 19th Century definitions than that of the sixties.  Today the neo-liberal is for economic liberalization, free trade and open markets, i.e., privatization, marketization and deregulation.    

 

 

 

In the 19th Century, the positivists advocated a laissez-faire policy toward capitalism, believing that the brightest should be left alone to take society to a higher stage of development.    

 

 

 

PorfiriatoIn Mexico, the cientificos (social Darwinists) claimed to be neo-prophets of progress. During the regime of Porfirio Díaz (1876-1910), he and his gaggle of cientificos (not to be confused with scientists) privatized the country. It took the Revolution of 1910 to dislodge them.

 

 

 

Since 1940 the Mexican Revolution has been sold out. The neo-cientificos are back; this time as heirs of the Mexican Revolution. Mexican President Enrique Peña Nieto is a tragic figure. He is so innocuous that he is disarming, and it is difficult to perceive him as a neo-cientifico.

 

 

 

And as much as Mexican leaders want to distance themselves from the United States, they end up being Mini-Me. They revere the 19th century Robber Barons, the ruthless American capitalists who became wealthy by raping the country; they were free-market capitalists such as John D. Rockefeller, Cornelius Vanderbilt, and J.P. Morgan who used government as their personal piggy bank.

 

 

 

Robber BaronsThe Robber Barons became so unpopular that they turned to philanthropy to clean up their act. Following the lead of Andrew Carnegie, they put portion of their fortune in trusts. These foundations shielded their fortunes from taxation and over time they evolved.

 

 

 

Today the neo-Robber Barons use these foundations to push conservative agendas, get tax write-offs, and get their Robber Barons’ names on buildings.

 

 

 

The rich have always had the money to buy history. After the Great Depression of the 1930s, Allan Nevins and U.S. business historians revised history and re-christened the Robber Baron “Industrial Statesman.”  Research is not neutral and scholars follow the money.

 

 

 

The neo-liberal model was adopted by the Russians in the 1980s; Perestroika restructured the Soviet economy.  The popular thinking was that the Soviet Union economy was counterproductive, and that the path to democracy was giving away the nation’s resources, scuttling what was arguably the world’s second-largest economy.  Democracy meant the making of billionaires.  So the state gave away its petroleum, public utilities, communication industry, and by 2004, Forbes listed 36 Russian billionaires.

 

 

 

During the same decade, the Mexican economy collapsed. The World Bank’s solution was austerity and privatization policies. Again, the standard was the number of billionaires. Mexico where fifty percent of the people lived in poverty by 2012 had 11 billionaires. 

 

 

 

Bill Gates & Carlos Slim Helu

Bill Gates & Carlos Slim Helu

A leading beneficiary of privatization was Carlos Slim Helú, who became the richest man in the world — a Mexican business magnate, investor, and philanthropist.  As of December 2013 his corporate holdings amounted to US $71.2 billion. Slim made his money in communications, technology, retailing, and finance. 

 

 

 

Slim was a war profiteer of sorts; he bought on the cheap. Unlike the Mexican middle-class his money was sequestered anywhere but in Mexican banks. In concert with France’s Télécom and Southwestern Bell Corporation he bought a landline telephone company Telmex in the 1990s from the Mexican government. By 2006, 90 percent of the telephone lines in Mexico were operated by Telmex. His subsidiary a mobile telephone company, Telcel, operated almost eighty percent of Mexico’s cellphones.

 

 

 

Some 50 percent of Mexicans live below the poverty line; 17 percent live in poverty. Critics charge that Slim’s monopoly prevents the growth of smaller companies, and his monopolistic practices have resulted in a shortage of paying jobs, contributing to migration to the United States.

 

 

 

Every day Slim is becoming more American. He bailed out the New York Times with a quarter of a billion dollar loan. Slim contributes billions to high profile foundations such as the Robert Kennedy Foundation. However, Slim does not contribute much to programs that fight poverty because they, according to him, build dependency.  

 

 

 

Meanwhile, back on the farm in Bel-Air, California, they are building mansions for the uber-rich. According to the L.A. Times 20 houses of 20,000 square feet are projected: “They’re all asking over $20 million and were all built by speculators to flip…Billionaire entrepreneur Elon Musk paid $17 million for a 20,000-square-foot Bel-Air manse, then bought the former Gene Wilder estate across the street for $6.75 million, perhaps to preserve his view.” Meanwhile, in 2011, an estimated 254,000 men, women and children experienced homelessness in Los Angeles County.

 

 

 

The potential profit from privatizing higher education has not gone unnoticed. In 2009, the for profit University of Phoenix generated $3.766 billion in revenues.

 

 

 

TuitionThe neo-Robber Barons resent paying for higher education. So they have already privatized public higher ed. At California State University Northridge, students forty years ago paid $50 a semester; today they pay $3200 a semester. CSUN’s blue collar jobs are contracted out; food services are franchised; and the Tseng College, a private college, uses state facilities and state technology. Its president and vice-presidents are paid executive salaries; middle management earns the equivalent of private corporations.

 

 

 

The tale is not so much that the cost of education is higher, proportionately it isn’t. The price of education has skyrocketed as state and local financing for higher education has declined at a time that there are more students. The neo-liberal solution is for students to pay the cost of running their neo- Taj Mahals.  

 

 

 

The cost of a college degree in the United States has increased “12 fold” over the past 30 years. According to Bloomberg, college tuition and fees have increased 1,120 percent since 1978. Thus, students graduate with huge loans that neo-exploiters profit from.

 

 

 

Former Los Angeles Mayor Richard Riordan wanted to privatize everything in Los Angeles. He even proposed privatizing the historic Los Angeles Public Library. Increasingly, cities across the country are selling city landmarks to pay off their debts so as not to tax the super-rich.

 

 

 

Universities are following this neo-liberal model. UCLA’s Anderson School of Management proposed not taking tax dollars. It wanted to privatize and live off grants, and tuition. How convenient, the School’s brand had already been established, financed by the People of California.  

 

 

 

Public universities such as CSUN are prime targets.  Its rolling 360 acre campus has plenty of room to build. The recently constructed $125-million Valley Performing Arts Center must have caught the eye of Riordans and the Slims of this world. The institution also buys supplies and spends in the hundreds of millions on construction. Privatization would reap another Carlos Slim or two – showing that democracy works.

 

 

 

The corporate rich resent paying taxes for education. They give when they can put their names on buildings.  This resentment has been building up since World War II when they made trillions off war profiteering. In contrast, they hypocritically fought the G.I. Bill on the grounds that it would build dependency.

 

 

Education was once considered a right. People died for that right. Today it is too costly for corporations that have their money off-shore and can outsource their technical jobs to the Philippines, India and Latin America. In their neo-liberal worldview, there is no commercial value in educating people for free.


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An Execution in Bangladesh


 

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Abdul Quader Mollah

Abdul Quader Mollah

Some people may be freaked out by the execution in Bangladesh of Abdul Quader Mollah after his conviction for war crimes committed on behalf of Pakistan during Bangladesh’s fight for independence. I for one shed no tears. For those too young to remember Pakistani atrocities of that time, read the lyrics to Joan Baez’s song, Bangladesh:

SONG OF BANGLADESH
(Words and Music by Joan Baez)

Bangladesh, Bangladesh
Bangladesh, Bangladesh
When the sun sinks in the west
Die a million people of the Bangladesh

The story of Bangladesh
Is an ancient one again made fresh
By blind men who carry out commmands
Which flow out of the laws upon which nation stands
Which is to sacrifice a people for a land

Bangladesh, Bangladesh
Bangladesh, Bangladesh
When the sun sinks in the west
Die a million people of the Bangladesh

Once again we stand aside
And watch the families crucified
See a teenage mother’s vacant eyes
As she watches her feeble baby try
To fight the monsoon rains and the cholera flies

And the students at the university
Asleep at night quite peacefully
The soldiers came and shot them in their beds
And terror took the dorm awakening shrieks of dread
And silent frozen forms and pillows drenched in red

Bangladesh, Bangladesh
Bangladesh, Bangladesh
When the sun sinks in the west
Die a million people of the Bangladesh

Did you read about the army officer’s plea
For donor’s blood? It was given willingly
By boys who took the needles in their veins
And from their bodies every drop of blood was drained
No time to comprehend and there was little pain

And so the story of Bangladesh
Is an ancient one again made fresh
By all who carry out commands
Which flow out of the laws upon which nations stand
Which say to sacrifice a people for a land

Bangladesh, Bangladesh
Bangladesh, Bangladesh
When the sun sinks in the west
Die a million people of the Bangladesh


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Save the Proud Bird Activism


 

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For background on this issue:  http://janbtucker.com/blog/2013/11/24/save-the-proud-bird/

 

Jan B. Tucker, State Director of California League of Latin American Citizens, addresses Board of Airport Commissioners opposing closure of The Proud Bird

Jan B. Tucker, State Director of California League of Latin American Citizens, addresses Board of Airport Commissioners opposing closure of The Proud Bird

TOWN HALL MEETING_001


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Nelson Mandela


 

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Nelson Mandela ANCNelson Mandela was a great human being, but I wouldn’t have voted for him in South African elections or the ANC. The ANC’s role was closer in an American context to that of Martin Luther King, although unlike King the ANC and Mandela did use violent revolutionary activities to promote their political aims.

 

 

PACCloser to the position of the Black Panthers and icons like Malcolm X was the Pan Africanist Congress which broke off from the ANC. While the ANC called for “one person one vote,” the PAC called for “one settler, one bullet.”

 

 

 

South African Prime Minister Balthazar Johannes Vorster who had Nelson Mandela jailed, was himself jailed from 1942-44 for pro-Nazi activities in the Ossewabrandvag trying to overthrow the British administration in support of Hitler

South African Prime Minister Balthazar Johannes Vorster who had Nelson Mandela jailed, was himself jailed from 1942-44 for pro-Nazi activities in the Ossewabrandwag trying to overthrow the British administration in support of Hitler

Following the end of formal Apartheid, the Truth and Reconciliation Commission approach to rectifying the Nazi like horrific crimes perpetrated against non-white minorities in South Africa was a dismal failure as most whites refused to fess up or cooperate with it. Consequently, South Africa’s equivalent of Nazi war criminals (actually, some of them ARE/WERE NAZIs; look at former South African prime ministers Verwoerd, who was a member of the pro-German Nazi Broederbond Society and his successor, Vorster,  a member of the pro-German Nazi Ossewa Brandwag) have never been made to account for their crimes. If the PAC had come to power, there would have been a reckoning, just as Jews have made Nazis account for their crimes whenever and wherever we hunt them down.

People may justifiably argue that lives were spared by the peaceful transition of power from whites to the ANC, but I ask, how many lives have been lost due to the institutional continuance of the oppressive South African economy which has recently resulted in the murders of striking mine workers as just the latest outrage?


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Exclusive: More Corruption in Sonoma Law Enforcement


 

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Deputy Erick William Gelhaus

Deputy Erick William Gelhaus

Detective’s Diary has been keeping watch on the aftermath of the death of 13 year old Andy Lopez in the outskirts of Santa Rosa October 22 of this year. Andy was gunned down by sheriff deputy Erick William Gelhaus within seconds after Gelhaus saw the middle school student walking along Moorland Avenue with a bb gun. Our friend and colleague, Private Investigator Alex Salazar, has been working on the case for the Lopez family’s attorneys (one of whom is, like Jan B. Tucker, a 1970s era CSU Northridge Mechista).

 

 

The killing is being “investigated” by the Santa Rosa Police Department while many activists, community residents, and outraged citizens are calling upon the District Attorney Jill Ravitch to bring criminal charges against the law enforcement officer, a highly trained weapons instructor.

 

 

Sonoma County Sheriff Steve Freitas

Sonoma County Sheriff Steve Freitas

A public records search of campaign filings was made of the incumbent Sonoma County Sheriff Steve Freitas who is seeking another term next year by longtime Peace & Freedom Party activist and Detective’s Diary reporter Irv Sutley. The Freitas financial documents show that the sheriff (whose employee, Deputy Gelhaus is under investigation by the SRPD) has as his campaign committee treasurer one Ernesto Olivares. Mr. Olivares is not only a former high ranking officer of the Santa Rosa Police Department and now a current Santa Rosa city council member but was also formerly city mayor. The Freitas-Olivares connection ordinarily might not have attracted much comment other than being just another example of the old boys network among county law enforcement.

 

 

Children playing at the Santa Rosa City Community Center, 415 Steele Lane:  do they know this is a "campaign headquarters"

Children playing at the Santa Rosa City Community Center, 415 Steele Lane: do they know this is a “campaign headquarters”

That is until Sutley while going through the Freitas for sheriff campaign documents came across the committee’s physical address: 415 Steele Lane, Santa Rosa, California. This location is property owned by the City of Santa Rosa and is the headquarters of the Recreation, Parks, & Community Service programs of the City of Santa Rosa.

 

 

Irv Sutley himself ran for Sonoma County Sheriff in 1970, endorsed by the Peace & Freedom Party in the otherwise non-partisan race

Irv Sutley himself ran for Sonoma County Sheriff in 1970, endorsed by the Peace & Freedom Party in the otherwise non-partisan race

Sutley, a Peace and Freedom Party organizer since February 1967 who served as State Chair from 1970-72, says the filings clearly show that council member Olivares is breaking the law and misusing city assets and city property in furtherance of his personal management of the campaign on behalf of the county sheriff:

 

 

“No candidate or campaign committee has the right to misappropriate public property or public monies while pursuing their political ambitions. There needs to be an investigation of Ernesto Olivares in this matter. Did the sheriff know and when did he know? The city attorney, the district attorney, the state Attorney General and possibly federal agencies need to look into these Olivares misdeeds in the Steve Freitas campaign. A corrupt individual relationship like this in electoral matters may indicate that there can not be justice for Andy Lopez when these same individuals are and have been part and parcel of ‘investigating’ each other’s ‘good shootings’ which are always held to be justified.”

 


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Save the Proud Bird


 

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A few days after Barack Obama's 2009 inauguration, the Los Angeles Tuskegee Airman Chapter had just returned from Washington and hosted the graduation ceremony for youth flight training from Compton Airport.  My Godson Hassan gave his first speech that night.

A few days after Barack Obama’s 2009 inauguration, the Los Angeles Tuskegee Airman Chapter had just returned from Washington and hosted the graduation ceremony for youth flight training from Compton Airport. My Godson Hassan gave his first speech that night.

The historic Proud Bird Restaurant, a 47 year LAX-area community icon, is scheduled to close due to unresolved lease issues with airport management. Please help save the restaurant and the 104 jobs of the employees.

The Proud Bird is a virtual museum with the photographic history of the early aviation industry, including photographs and monuments to the Tuskegee Airmen; early women aviators like African American Bessie Coleman and Amelia Earhart; an Israeli pilot who fought in Israel’s war of independence, and many, many others. It has served as a critical meeting space for community events, hosting the Los Angeles Chapter of the Tuskegee Airmen just a few days after they returned from President Obama’s inauguration in 2009.

Here’s what you can do to help:

Please attend the Board of Airport Commissioners meeting on Monday December 2, 2013 at 1:30 pm at the Los Angeles World Airports Administration Building, 1 World Way, 1st floor commission meeting room, Los Angeles, CA 90045. If you wish to speak, please complete a speaker’s card to address the commission during “Public comment.”

If you cannot attend the meeting, please send an email to LAXBOAC@lawa.org

Please ask any family members or friends to do the same.

Jan B. Tucker
State Director, California League of Latin American Citizens

For further information, email Parviz Gerami, General Manager, The Proud Bird:  pgerami@srcmail.com

RSVP for the protest at the airport commission:  https://www.facebook.com/events/501759103270719/?notif_t=plan_user_joined

Letter to City Powers that be….

November 29, 2013

Honorable Mayor Eric Garcetti

Honorable City Attorney Mike Feuer

Honorable Controller Ron Galperin

(by email and fax)

Board of Airport Commissioners

World Airports Administration Bldg

1 World Way, 1st Floor

Los Angeles CA 90045

By Email: LAXBOAC@lawa.org

RE: THE PROUD BIRD

Honorable Mayor Garcetti, City Attorney Feuer, City Controller Galperin and Honorable BOA Commissioners:

The California League of Latin American Citizens (CALLAC), California’s affiliate of the National League of Latin American Citizens (NLLAC) is opposed to any action of the BOAC that does not fully accommodate the continued existence of THE PROUD BIRD (TPB) at its present location.

EFFECTS ON COMPETITION

In the past I formerly served as a branch officer or activist in three (3) NAACP branches (San Fernando Valley, Inglewood South Bay, and Compton) as well as former Special Assistant to the late Valerie Monroe when she was Southern California Legal Redress Chair of the California State Conference NAACP. Based upon that background and experience I am concerned that any action by the BOAC that ejects TPB from its present location will have a profound effect on competition for banquet and event facilities, especially for African American community organizations in the area.

There are other facilities that compete for business in the region. That existing competition enables community organizations to seek and select from competing bids for NAACP Freedom Fund events, Tuskegee Airmen sponsored events, church events, and a whole host of other community functions. These facilities are vital to the preservation and existence of NGO functionality in the area. Eliminating just one of them, especially TPB, will upset the delicate balance of competition in the area and very likely raise the cost to non-profit NGOs in the region for their critical historical and ongoing events.

Historical, Educational & Inspirational Value

At https://www.facebook.com/jan.b.tucker you will find my Facebook page photo which features me with my godson, Hassan from 2009, taken at TPB. Hassan had just given his first ever public speech for his graduation ceremony from a Compton Airport flight program sponsored by the Los Angeles Chapter of the Tusekegee Airmen. Members of that chapter had just returned from President Barack Obama’s inauguration in Washington DC.

Many people share fond memories of TPB and events that have taken place there. I am however less concerned about reminiscences of the past that I am about the future. Airport museums exist in the area, but none shares the draw of an easily accessible and well run dining facility to draw people in to learn about the history of flight who would not otherwise seek out a flight museum to take their children to. Nor do any competing museums offer such an important array of photographic representations of women and minority aviators.

If you vote to eliminate TPB from its current location, you must be personally prepared to accept the responsibility for answering the following questions:

  • Where will girls be able to see inspiring photos of Amelia Earhart?

  • Where will African American girls get a chance to see photos of Bessie Colemen?

  • Where will African American children see photos of Tuskegee Airmen who came from their neighborhoods in the Los Angeles area?

  • Where will Jewish children be able to see a monument to a US Marine Corp. pilot, Captain Lou Lenart, who went on to serve as a pilot for the Haganah in Israel’s war of independence?

If you vote to eliminate TPB, you vote to eliminate inspiration and opportunities for children.

Respectfully Yours,  Jan B. tucker

 

 


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Andy Lopez shooting – Sonoma’s tip of the iceberg


 

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As I posted this my great friend, camarada, companero and board member of the California League of Latin American Citizens, Private Investigator Alex Salazar, was hard at work in Santa Rosa doing an independent investigation of the death of Andy Lopez for his family’s attorneys.  Small world, one of the attorneys turns out to be a fellow CSU Northridge Mechista from way back and a friend of my companero Eugene Hernandez from their days at CSUN.  You can read more about Alex’s background at his website:  http://www.renegadepopo.com/

Meanwhile, I put Alex and my great buddy from way back, Irv Sutley, in touch with Alex and he immediately pulled the following background from (our mutual friend) Mary K. Moore’s Sonoma County Free Press:

 

Courtesy of Mary Moore, publisher of the Sonoma County Free Press:

2000

Sonoma County Sheriff1. Phillip Tony Medina -48- Died January 7, 2000 - just hours after being moved to a hospital from the Sonoma County Jail. Jail officials say Medina died of the flu, but hospital records show that by the time he was admitted Medina already had infection throughout his body and organs were beginning to fail.

2. James William Curran –51- Died March 19, 2000 – in handcuffs after Sonoma County Sheriff’s deputies responded to an early morning call of a man behaving strangely. Deputies claim they handcuffed Curran in order to prevent him from hurting himself.

Windsor Police Department3. Erin Colleen McDonald -31- Died April 10, 2000 – after being shot five times by Windsor Police Officers who broke into her home after she had called them for help during a psychotic episode.

4. Todd Eugene Dieterle -37- Died May 4, 2000 – after being fired at 13 times and shot seven times by Santa Rosa Police and the Santa Rosa Junior College Police after they were told that he had robbed a convenience store with a painted plastic squirt gun.

5. Robert Francisco Camacho -35- Died May 4, 2000 – after being shot 5 times outside his home by Rohnert Park Police during an armed battle. His wife had recently sought mental health treatment for her husband but was told he could not be involuntarily committed unless he was a danger to himself or others.

6. Barry Alan Rogers –45- Died 
July 19, 2000 - in Sonoma County Jail (Sheriff’s Dept.) after six days of in jail, apparently a suicide. Inmates interviewed said that Barry was distressed and disoriented when he was incarcerated and asked for mental health attention. Soon after he arrived in the jail, Rogers‘ mother died, which certainly should have alerted jail officials to put him on suicide watch, which was not done. Some jail employees admit Rogers‘ death was due to a “classification error.”

7. Paul R. Daniel –51- Died 
September 28, 2000 - in Sonoma County Jail. The official story: when found on the cell floor by deputies, Daniel “became combative and had to be restrained.” He was then taken to booking where he began vomiting and died soon after. Inmates tell another story — that overwhelmingly, inmates inside think Daniel was beaten to death. Whether or not this proves to be true, the fact that the inmates think it’s true makes the jail a very dangerous place for inmates and correctional officers alike. The fact that, in the face of an inconclusive autopsy Daniel’s brain was sent off for further study, and that correctional officers involved are refusing to cooperate with Santa Rosa police officers investigating the death only raise the suspicion level.

2001

Sonoma County Adult Jail8. Carey Steinberg Baron -23- Died April 8, 2001 – in the Sonoma County Main Adult Detention Facility, reportedly by hanging himself with shoelaces in a bathroom. His family stated that he was doing well for the first time in his life and couldn’t think of a reason that he would kill himself.

9. Unidentified Person –Age Unknown- Died 
July 21, 2001 –in custody. The 2001 – 2002 Sonoma County Grand Jury Critical Incident Report referenced this death, but no trace of this person’s death could be found in local media.

10. Patrick McLoughlin -19- Died October 23, 2001 – when he turned a gun on himself after exchanging gunfire with Petaluma Police following a failed marijuana heist at a Petaluma home.

2002

11. Luis Solario Gonzalez – 23- Died 
February 28, 2002 – in the back of a Sheriff’s patrol car, in what was determined by the Sheriff- Coroner to be a drug overdose while in custody.

12. Thomas John Connelly -49- Died 
May 8, 2002 - while in custody in the Sonoma County Main Adult Detention Facility. Connelly was found hanged in his cell with a sheet four days after he was booked at the jail. He was arrested on suspicion of public intoxication.

2003

Inmate drug use13. Serena Roxanne Case -32- Died 
January 16, 2003 – of an apparent drug overdose while in custody. Case was the eighth jail inmate to die in six years, four by suicide and four by drug overdoses.

14. Keith Thompson Suite -42- Died April 8, 2003 – After being in a coma for 10 months following a heart attack suffered as he was being forcibly removed from a cell at the Sonoma County Main Adult Detention Facility.

15. Seth Micah Warde -22- Died 
July 10, 2003- after being pulled over by CHP officer for speeding. The officer’s report claimed that Warde shot himself in the head with a .38 caliber pistol while in his own car.

Death by indifference16. Anthony Zakharoff -49- Died 
July 27, 2003 in custody after collapsing at the Sonoma County Main Adult Detention Facility. While he was being booked at the jail, authorities said Zakharoff appeared to need medical help and then stopped breathing. He died soon after at a nearby hospital.

17. Michael William Behring-52- Died 
November 18, 2003 after being arrested on a warrant by Sheriff’s Deputies. Michael was awaiting booking at the county jail when a nurse recommended that he be taken to the hospital. Authorities said he admitted to ingesting methamphetamine near the time of his arrest. Cause of death was determined to be a drug overdose.

2004

18. Joseph Alan Peay -35- Died September 17, 2004 – after being shot 10 times by a Sonoma County Sheriff’s Deputy (Boustany who also killed Kenneth Hugh Duncan in 2005) and a CHP officer as he placed a loaded handgun in his mouth and shot. He was intoxicated and had been fleeing from a DUI checkpoint.

19. Kenneth Hugh Duncan -62- Died November 11, 2004 – after he was shot nine times by Sonoma County Sheriff’s Deputies (Deputy Boustany who also killed Joseph A. Peay in 2004, Deputy Brad James also shot Roger Wayne Anderson in 1999 ) during a standoff, in which he killed his brother-in-law during a psychotic break.

20. April Hanlon -35- Died November 25, 2004 – in front of her home after Sonoma County Sheriff’s Deputies claim she shot herself with a shotgun but was also fired upon at 10 times by Deputies because they thought she was shooting at somebody else.

2005

21. Terry Lee Grinner Jr. -30- Died January 28, 2005 – when Rohnert Park Police shot him twice in the back as he attempted to flee on foot after a traffic stop.

Taser22. Carlos Casillas Fernandez -31- Died July 16, 2005 – in his home while having a psychotic episode, after being shot by Santa Rosa Police with Taser stun guns six times, hit with a large amount of pepper spray and put in a neck restraint while getting handcuffed.

23. Donna Gean Welch -48- Died 
August 21, 2005 in custody. She was booked into jail that night and discovered unconscious in her cell about 48 hours later. Welch, who was homeless, had been placed in the jail’s general holding cells, but on a status requiring medical staff to monitor her condition more frequently due to drug withdrawal. The last medical check was done one hour and 24 minutes before her body was discovered. Jail policy requires guards to perform routine checks on inmates every 30 minutes. Deputies said that although two more interviews with guards have to be done, records gathered by investigators indicate that Welch had been checked “right at the 30 minute mark.”

24. James Anthony Decosta -72- Died October 1, 2005 – when he was shot 27 times and fired upon 42 times after he pointed a loaded handgun at Petaluma Police after a car chase. He was being sought on child molestation warrants.

25. Michael Tolosko Died December 7, 2005 – His mother said he died after being shot with a Taser stun gun and said Sheriff’s Deputies didn’t believe her when she told them her son stopped breathing and ignored her pleas for medical aid. The official cause of death was determined to be Agitated Psychosis, a “condition” commonly associated with Taser use and subsequent death –sometimes called Excited Delirium.

26. James Richard Nace -42- Died December 10, 2005 – when a Sonoma County Sheriff’s Deputy turned his own gun back on him as they attempted to arrest him for possession of marijuana.

2006

27. Moses McDowell -29- Died 
November 6, 2006 - he was bipolar and was suffering ethanol Withdrawal in the Sonoma County Main Adult Detention Facility.

2007

28. Haki Kuasi Gaidi Thurston -23- Died February 23, 2007 – after being shot 27 times with assault rifles by SRPD Swat team (One of these officers, Sgt. Richard Celli, also killed Richard DeSantis this year). Haki was unarmed and running AWAY from police. Sgt. Richard Celli, Sgt. Stephen Schwartz, Officer John Barr and Officer Brian Boettger.

29. Jeremiah Chass -16- Died March 12, 2007 – at his home after being shot 8 times by Sonoma County Sheriff’s Deputies while suffering a mental health crisis, armed only with a pocket knife, and locked in a minivan.

Adrianne DeSantis, the mother of Richard DeSantis, carrying a poster of her son during a demonstration. (The Press Democrat, 2007)

Adrianne DeSantis, the mother of Richard DeSantis, carrying a poster of her son during a demonstration. (The Press Democrat, 2007)

30. Richard Desantis -30- Died April 9, 2007 – in front of his home after being shot twice with a handgun, a rifle and with plastic bullets by Santa Rosa Police, who were told by his wife in a clear and loud voice, that this was a mental health emergency and that her husband was unarmed. Officer Travis Menke, Sgt. Richard Celli, Officer Patricia Mann.

31. Walter L. Heller -55- Died April 22, 2007 – after suffering a brain injury as he fell to the ground in front of his home while unarmed, after being shot twice with Tasers by Petaluma Police Officers. Officers Gary Buffo, Jason Lechleiter and Dustin Rodrigues.

32. Luis Felipe Sanchez -27- Died 
May 4, 2007 – after being shot seven times by Sonoma County Sheriff’s Deputies after they entered the home of his girlfriend and cornered him in a bathroom. Deputies Mike Frank, Greg Myers and Joe Dulworth

33. Richard Lamont Williamson Jr. -54- Died 
June 17, 2007 - according to the Sheriff’s Department while suffering from withdrawal in the Sonoma County Main Adult Detention Facility.

34. Ryan George -22- Died July 9, 2007 – while suffering from sickle cell anemia in the Sonoma County Main Adult Detention Facility after repeated requests by his family for treatment by his personal physician.  [See federal lawsuit filed by George's family below]**

35. Gregorey William Townsley -46- Died 
September 24, 2007 – according to the Sheriff’s Department while suffering from withdrawal in the Sonoma County Main Adult Detention Facility. Mr. Townsley was a houseless resident of Santa Rosa.

2008

36. Jesse Hamilton -24- Died 
January 2, 2008 - a mental health client, was shot by Santa Rosa Police who were responding to a mental health crisis call.

37. Samuel Antonio Castillo-Martinez -37- Died 
March 13, 2008 – in custody at the Sonoma County Honor farm. An autopsy revealed no signs of trauma or other suspicious circumstances, and Sheriff’s officials say that this 37 year old man, in otherwise perfect health, may have died from “cardiac-related natural causes”

38. Heather Smith (Billings) -31- Died March 16, 2008 – after being shot by Rohnert Park Police who were responding to a mental health crisis call.

Inmate hanged39. Leobardo Medina Pacheco – 38 - 
April 21, 2008 succumbed in hospital after found hanging in Sonoma County Jail on April 18.

40. Guy James Fernandez – 42 – 
November 10, 2008 Taser death at the hands of Rohnert Park Public Safety. According to the Sheriff, Fernandez may have been under the influence of methamphetamine.

41. Craig Von Dohlen -37- 
December 6, 2008 – shot when confronting Sheriff’s deputies with a rifle

42. Nathan Vaughn -39- 
December 22, 2008 – Killed by Taser Sheriff’s Department. Had called day before asking to be taken into custody

2009

43. Jon Gerald Moore -44- 
September 18, 2009 Died in Sonoma County Main Adult Detention Facility. “No obvious signs of trauma and nothing suspicious.”

2010

44. Teresa Ellen Hagan – 44 – 
January 22, 2010 – Died and found hanging in a “padded sobering cell” and later on died in the hospital.

45. Albert Mike LedayJr -
June 1, 2010- Coddingtown- shot and killed by Sheriff’s Deputy Mike Fuston after high speed chase. 3rd person killed by Fuston[See below for Sonoma County District Attorney's press release exonerating Fuston]*

46. Michael Lee Molgard -34- 
September 9, 2010 apparently jumped to his death from a high railing in Sonoma County Main Adult Detention Facility.

47. Nicodemus Sullivan October 31, 2010 – Shot and killed by Sheriff’s Deputies and CHP after cops mistakenly thought he was “ramming” cop cars. 41 shots fired.

48. Brian Leonard Gittings -44- 
December 5, 2010 - died after he appeared to have trouble breathing at the Sonoma County Main Adult Detention Facility.

2011

49. William Jackson – 59- 
April 15, 2011 died after suffering “medical distress” at North County Detention Facility

50. Gary Pickard Jr. – 27- June 26, 2011 – shot twice by Sheriff’s Deputies

51. Pablo Perez Ramirez – 25- November 25, 2011 – pulled a revolver from his waistband and was killed by Sebastopol PD officer

2013

52. Richard Shreckengaust – 37- 
March 2, 2013 – killed by Sheriff’s Deputies in Guerneville.

53. Neils Conrad -55- 
April 22, 2013 – found unconscious on the floor of the dorm room bathroom at the North County Detention Facility.

54. Urbano Moreno Morales – 48- 
June 9, 2013 killed by Windsor Police (Sheriff) after he had killed his ex-girlfriend and charged police.

55. Christopher Eric Augustin -37- October 15, 2013- Man dies after struggle with Santa Rosa Police Department. The man appeared to suffer some kind of medical emergency after police confronted him at the apartment, police officials said. Death is being investigated by Sonoma County Sheriff’s office.

Justice for Andy Lopez56. Andy Lopez Cruz – 13 – October 22, 2013 – Andy Lopez Cruz was shot by a Sonoma County Sheriff’s Deputy while he walking through an open field carrying a plastic replica of an AK47 in broad daylight, in 
Santa Rosa.

________________________________
 

Sonoma County DA Finds Three Time Shooter Two Time Killer Justified In Latest Killing

from: http://www.sonoma-county.org/da/press_releases/2010/press_20101209.htm

Press Release
FOR IMMEDIATE RELEASE
Date: December 9, 2010
Contact person(s):

Media Coordinator, Terry Menshek (707) 565-3098
Media Spokesperson, Assistant District Attorney Diana Gomez

Santa Rosa, Sonoma County, California
PATROL SERGEANT LEGALLY JUSTIFIED IN SHOOTING DEATH AT END OF
HIGH SPEED PURSUIT WITH PAROLEE

District Attorney Stephan Passalacqua announced today that a Sonoma County Sheriff’s Office patrol sergeant was legally justified in using deadly force at the conclusion of a high speed pursuit. Sergeant Mark Fuston had been in a high speed pursuit with a parolee, Albert Mike Leday, 49, of Santa Rosa, which came to an abrupt conclusion when Leday failed to negotiate a turn in the roadway and crashed his vehicle into a light pole near the Coddingtown Library. Leday immediately exited his car, took a fighting stance, and began threatening to shoot and kill Sergeant Fuston. Leday made several movements with one of his hands attempting to retrieve something from his waistband and was clearly acting as if he was armed with a weapon. Sergeant Fuston fired in self defense and Leday died from the resultant injury.

Leday was on parole for a burglary he committed in Rohnert Park in 2003 at the time of this incident and was currently being investigated for a criminal offense. He had an extensive criminal history of arrests and convictions, including a prior burglary in 1987 in Redwood City, for crimes involving drug offenses, theft related offenses, assaultive conduct, and crimes against peace officers. Recent methamphetamine use was also a factor contributing to his out-of-control behavior. He had also recently stated his desire not to go back to jail.

Leday had a legal duty to submit to the deputies original lawful show of authority when he activated his patrol vehicle’s emergency lighting and siren. Instead of lawful submission, Leday chose to unlawfully evade the police by driving recklessly, ignoring speed limits, driving into on-coming lanes of traffic, through stop signs, through stop lights, endangering pedestrians and other motorists; in sum, driving in a reckless and wanton manner in order to evade police contact or capture which put the community at great risk or injury or death.

Given the inherent unpredictability of this high speed pursuit and its abrupt conclusion with Leday colliding with a light pole, it was reasonable for Sergeant Fuston, as well as the other responding deputies, to exit their vehicles and immediately draw and train their weapons on Leday. The elements of unpredictability and potential danger must reasonably be met with extreme caution. Leday’s evasion did not end voluntarily, but as a result of his losing control of his vehicle.

The law does not require a progressive escalation in the force which is employed in these types of situations because the exigencies of real world law enforcement do not make such a course of conduct always feasible. That is because such a progression is not reasonable under many real world situations in which an officer is faced with a direct and immediate threat to life and limb.

Sergeant Fuston was in a distinctively marked patrol vehicle, he was in a distinctively marked uniform, and had previously announced himself with emergency lights and siren. There was simply no mistaking him for anything but a law enforcement officer. Even a violent collision with a light pole did not bring the encounter to a peaceful conclusion.

Though witness accounts differ somewhat in detail, it is overwhelmingly clear that Leday feigned armed resistance and directed threats to Sergeant Fuston. Leday was being aggressive in his demeanor and even more aggressive with his words and threats to kill Sergeant Fuston. Moreover, Leday was making movements with his hands to the area of his waste in a fashion which made it entirely reasonable for Sergeant Fuston to believe that a weapon was going to be produced and for him to reasonably believe, therefore, that he was in imminent danger of being killed.

No show of authority stopped Leday; a collision did not stop him; and even having been shot, he did not immediately stop.

The law imposes upon Sergeant Fuston (or anyone confronted with the same or similar circumstances as presented in this case) the duty to behave reasonably. Sergeant Fuston did behave reasonably under the circumstances; in stark contrast to Leday who was behaving wildly and unpredictably and in a fashion which would suggest to a reasonable person (based on all of the information known to Sergeant Fuston, coupled with Leday’s suspicious and threatening movement’s) that they were in imminent peril of serious bodily injury or death.

Immediately after the shooting the Sonoma County Sheriff’s Office invoked the Sonoma County Law Enforcement Employee-Involved Fatal Incident Protocol (“protocol”). The purpose of this protocol is to set forth procedures and guidelines to be used by Sonoma County law enforcement agencies in the criminal investigation of specifically defined incidents involving law enforcement employees. Under this protocol an outside law enforcement agency is designated to investigate officer-involved fatalities.

In this case members of the Santa Rosa Police Department assumed responsibility for the investigation of the shooting incident. Members of the Sonoma County District Attorney’s Office participated in the investigation in a supporting role, in accordance with the protocol. Under the protocol the role of the Sonoma County District Attorney’s Office is to review the investigation to determine if there exists any criminal liability on the part of involved parties, including the law enforcement employee(s); to provide assistance to the investigating agency regarding legal issues; to supplement the investigation when necessary; and, when appropriate, prosecute those persons believed to have violated the criminal law. Once the investigation is complete the District Attorney is required by the protocol to complete a thorough review of the investigation and prepare a report summarizing the investigation and documenting his conclusions. A copy of this report is submitted to the foreman of the Sonoma County Grand Jury.

The District Attorney does not examine issues such as compliance with the policies and procedures of any law enforcement agency, police training, or issues involving civil liability. Neither the report submitted to the Grand Jury under the protocol, nor this statement, should be interpreted as expressing any opinion on those matters.

**http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC4QFjAA&url=http%3A%2F%2Fwww.sanfordheisler.com%2Fdata%2Fpublic%2FRyan_George_v_City_of_Sonoma_-_Third_Amended_Complaint_2-24-09-63056-1.pdf&ei=DpVyUs_oDsn92QWXmoGgBA&usg=AFQjCNFGvsvBdPEGHSCgWmUcS_s4RQfZoQ&sig2=8YX_7_wuJvdZUiQ0uRUZwg&bvm=bv.55819444,d.b2

 


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