KPNX, Arizona Republic still Apologizing for Scottsdale Police Killing Sgt. Prostrollo

Posted by Vladimir Gagic on May 07, 2012

Something still stinks in Scottsdale. But now it is now the stench of death and corruption faintly perfumed over by Scottsdale Police media apologists. In the never ending media rush to defend Scottsdale Police department's unlawful killing of Sgt. Prostrollo, the media conglomerate of Arizona Republic and KPNX has proclaimed yet another defense of Scottsdale Police. First there was Ofelia Madrid's abysmal "reporting", then there were tedious and worthless commentaries by EJ Montini and Laurie Roberts. Now there is the story above by Chris Hrapsky.

Mr. Hrapsky never asked Sgt. Mark Clark why did Scottsdale Police issue a press release that claimed it was too windy to use a taser or pepper spray when not a single officer on the scene said that was the case. Mr. Hrapsky, if you read this post, then I suggest you reread the police reports. Not one officer claimed it was too windy for non-lethal force. Mr. Hrapsky never asked why did Det. Lockerby of Scottsdale Police internal affairs spoon feed the answer "too windy" to the officers the day after the shooting. He never asked why did Scottsdale Police show more concern for their canine than Sgt. Prostrollo. Mr. Hrapsky never bothered to go the national weather service website, which would have taken all of two minutes, to find out the night of the shooting wind was average, and confront Sgt. Clark with that fact.

I am so dissappointed with the KPNX story for the following reason: if local media had been more interested in actual investigation of the Prostrollo shooting, maybe then John Loxas would still be alive. 

Of course, there is also Sgt. Clark's "cookie cutter" defense and his informal, casual, and quarter-hearted condolence to Mr. Prostrollo "we get it".  

Officers are trained to confront the situation that's presented to them. So to say that there is one cookie cutter approach for a specific situation, you can't do that... We understand that Mr. Prostrollo is upset... we get that... 

How on Earth Sgt. Clark is still the public information officer for Scottsale Police is beyond me, but it speaks volumes about the Scottsdale Police administration that he still has that job. If, Sgt. Clark, Scottsdale Police "get it", why did SPD lie about the wind? Why did the Scottsdale Fraternal Order of Police slander Sgt. Prostrollo and humiliate his friends? Why did Scottsdale police show more concern for a dog than Sgt. Prostrollo? 

I can almost imagine the following conversation taking place at Scottsdale Police Headquarters: 

Chief Rodbell: dude, guess what? Rambo's old man is totally bummed, and guess what bro?  

Sgt. Clark: No way, bro, what? 

Rodbell: the old man is suing us for freakin' killing his kid! Totally a bummer cuz our dog almost bit it.

Sgt. Clark: no way!! someone, should like, you know, tell him 'hey dude, chill bro', we like totally 'get it'. Ya know, it was like, totally too windy and gnarly. Ya know, what we do ain't cookie cutter. 

For some background information on this topic, see my posts on Scottsdale Police, Sgt. Jason Prostrollo, and John Loxas. 

UPDATE: For some very good news, the Prostrollo family filed a notice of claim against the City of Scottsdale seeking $5,000,000. You can see the notice here at NOTICE OF CLAIM.pdf The family hired Robbins and Curtain for the lawsuit, which is excellent news as I know that both Mr. Robbins and Mr. Curtain are excellent attorneys. 

While personal injury attorneys get a lot of grief for a variety of reasons, this is a perfect example of an attorney suing in the pursuit of justice. I hope and pray that Mr. Curtain and Mr. Robbins succeed in their pursuit of justice, that the Prostrollo family gets some relief, and the Scottsdale Police Department learns the error of their ways.  Maybe, after all is said and done, Scottsdale police will finally learn they can't kill unarmed civilians and lie their way out of trouble.

Finally, I was reading through the police reports of this case, and I saw Det. Lockerby's report. This is signficant because he was the internal affairs officer in charge of the investigation:

Offender threatened to commit Aggravated Assault with pool cue sticks against listed Scottsdale PoliceOfficers while at 12074 North 135th Place in Scottsdale, Maricopa County, Arizona. Listed Offender was shot and killed by Lt. Ron Bayne #559 while committing the Aggravated Assault.  

So, I ask again, if this is the official Internal Affairs summary of what happened and why Lt. Bayne killed Sgt. Prostrollo, what wind?

John Larsgard Gets 7 Years Prison Sentence

Posted by Vladimir Gagic on April 26, 2012

Is this the right result? 7.5 years in prison for a panic induced flight accidentally injuring one person? Or maybe is this so obviously wrong that something needs to change, like maybe sentencing reform? Is this maybe the straw that shows what America's vile Prison Democracy truly is?

I know Mr. Larsgard's defense attorney Criss Candelaria. When I graduated from law school, he was the County Attorney in Navajo County and I interviewed with him. He is a very good lawyer and I have no doubt he did everything he could to represent Mr. Larsgard. I suspect that the prosecutor overchaged Mr. Larsgard and he had no choice but to plead guilty. (see "Norwegian man gets 7.5 years for running over woman's toe" by Lindsey Reiser of KPHO Channel 5): 

"Completely a misunderstanding and blown out of proportion," said Larsgard's attorney, Criss Candelaria, to VGTV. Local defense attorney Vladimir Gagic, who is not connected to the case, agrees. 

"I feel bad for the guy, it's something that's completely out of proportion with decency and common sense," Gagic said. He added that while the sentence seemed a little harsh to him, it's not very surprising and is consistent with federal and state laws. That's because from the law's point of view, Larsgard used the car as a deadly weapon.

Also see "Winslow wrong turn leads to prison for Norwegian man-Norway captivated by countryman's collision with U.S. justice system" by Scott Craven, "A frenzied, 8-minute ordeal ended up with Larsgard facing 36 criminal counts, including attempted second-degree murder." 

If you agree that this sentence makes no sense, then the only realistic option left is clemency by Gov. Jan Brewer. I sent her the following tweet, which you can retweet by clicking on the link below: 

Show the world that Arizona is fair and honest. Plz commute John #Larsgard sentence to time served and let him go home @GovBrewer

One point needs to be made though. While a lot of people from Norway are claiming, with quite a bit of justification I may add, that this sentence is far too harsh, I would not jump to the automatic conclusion that Norway's criminal justice system is better. As I wrote before in "Female Sex Offenders and Punishment: Europe Does it Better?", while it is the case American sentences are too harsh, European sentences are too lenient: 

For example, Norway might sentence mass murderer Anders Breivik to only 21 years in prison (Norway shootings: Anders Breivik cannot get more than 21 years- Despite his mass killing spree, the maximum sentence Anders Breivik could be handed by a court is just 21 years.) The thinking in Europe is that 21 years is enough time to reform and deter Mr. Breivik from committing crime again.

But what Europe does not realize is the message it sends to the public at large: while 21 years in custody may stop Anders Breivik from committing more crime, it is no where near enough punishment to deter future Anders Breiviks from thinking "I kill 90 children, spend 21 years in prison, and then come out as a celebrity? Sounds like a good deal to me."

Free George Zimmerman: Prosecutors Angela Corey and Bernardo de la Rionda Step into Disgrace

Posted by Vladimir Gagic on April 21, 2012

Bernardo de la Rionda's Nancy Grace-ish cross examination of George Zimmerman is maybe the most despicable part of this entire tragedy. Yes, even worse the the doctored 911 call because Mr. de la Rionda, like every prosecutor is supposed to be, is supposed to be a "minister of justice" speaking for the The People. 

Zimmerman: I wanted to say I am sorry for the loss of your son. I did not know how old he was. I thought he was a little bit younger than I am. And I did not know if he was armed or not.

After that statement, the prosecutor begins his terrible cross examination with the silly, tedious point about how Mr. Zimmerman didn't make the comment to the judge, but to Trayvon Martin's parents who were sitting in the courtroom. I suppose the prosecutor was trying to make the point Mr. Zimmerman's statement was not sincere but only an act for the media.

Watch the video above and tell me who was acting the for the cameras, Mr. Zimmerman or the seemingly mad, blood-thirsty prosecutor, Bernardo de la Rionda. As a side note, if Mr. Zimmerman was acting, he is the best actor I have ever seen. I seriously doubt he is a emotionless, pathological psychopath as no psychopath would tell police he felt bad for the victim's parents, nor would one say as much in open court against the well-placed advice of his lawyers. 

Prosecutor: Sorry sir, you are not really addressing that to the court. You're doing it here to the victim's family. Is that correct?   

Zimmerman: They are here in the court, yes.

Prosecutor: I understand, but I thought you were going to address Your Honor Judge Lester, but not... that's really addressed to the family and where the media happens to be. Isn't that correct Mr. Zimmerman? 

Zimmerman: No, to the mother and the father. 

Then the prosecutor accuses Mr. Zimmerman of having only apologized at the bail hearing- implied in the prosecutor's accusation is that he only did it now to get out jail- but not the police at the scene. 

Prosecutor: Tell me after you committed this crime, you spoke to the police and did you make that statement to the police sir? You never stated that?

Zimmerman: I don't remember what I said, but I believe I did. 

After that exchange, there is a tedious line of cross examination regarding when and to whom Mr. Zimmerman made that statement. Needless to say, Mr. Zimmerman does not remember the specific details, but I don't think anyone doubts he made a statement along to the lines of "I felt sorry for the family" to the police, and he hoped the police would tell the family of his sorrow.

Then Bernardo de la Rionda really steps in it and makes his biggest mistake. It's sad that a prosecutor forgets that the victim's bill of rights forbids criminal defendants from contacting the family of victims, and even if it did not, Mr. Zimmerman's lawyers would have told him to keep his mouth shut.  

Prosecutor: Why did you wait so long [the 54 days from the day of the shooting until his testimony] to tell Mr. Martin and the victim's mother, the father and mother, why did you wait so long, to tell them?

Zimmerman: I was told not to communicate with them.

It is without a doubt a horrible tragedy that a 17 year old boy is dead, and that his family has to grieve his loss. The only thing worse than that sad fact is that the media crucified an innocent man, George Zimmerman, to sell more papers, that a NBC producer doctored the 911 call to make it seem Mr. Zimmerman was a racist, that glory seeking prosecutors like Bernardo de la Rionda are embarrassing themselves and the American legal system to gain fame, and that putative community activists like Al Sharpton are mocking the entire notion of social justice and civic responsible. As bad as all that is, I can only hope that is the extent of it, and that latent anti-Semitism played no part in the rush to convict Mr. Zimmerman. 

My point is not that Mr. Zimmerman is a good person, just that there is absolutely no evidence whatsoever he is guilty of second degree murder. He should not be going through this indignity. I hope he is free soon, and when he is free, I hope he sues the state of Florida for malicious prosecution and sues everyone and anyone who falsely accused him for slander, libel, and defamation.

Mark O'Mara, Mr. Zimmerman's defense lawyer is on twitter @Markomaralaw. I sent him a tweet as I am concerned, not as a criminal defense lawyer, but a free, proud, American citizen that Florida prosecutors are persecuting, that's right persecuting, Mr. Zimmerman because of the contrived, vile media campaign against him. I am worried that his client will plead guilty to a lessor charge to avoid facing trial on the second degree murder charge.  

It may be the right thing to do legally, but if so, that is a very sad commentary on our democracy, legal system, and the Bill of Rights, allegedly the finest in the world. If you agree, tweet him your own message or retweet mine: 

.@Markomaralaw Plz don't plead guilty just to avoid trial. This case is bigger than just Zimmerman/Martin. It is about our democracy.

Also see the video below of Harvard Law Professor Alan Dershowitz as he accuses Angela Corey of unethically overcharging Mr. Zimmerman. 

It's Time for Ofelia Madrid and EJ Montini to go

Posted by Vladimir Gagic on March 11, 2012

The Arizona Republic has failed us miserably. It is the largest and most prestigious news organization in Arizona, and if it had minimally competent journalists and commentators working for it, at least one man would still be alive. That man is John Loxas. 

After Scottsdale Police killed Jason Prostrollo, I made the obvious point that if no one held Scottsdale Police accountable, his sad death would not be the last one. A short two weeks later, as everyone else is aware, Scottsdale Police killed John Loxas. In between the two shootings, Ms. Madrid, the Arizona Republic public safety reporter covering Scottsdale simply repeated Scottsdale Police press releases back to her readers. She could have saved everyone the trouble and just given Sgt. Mark Clark, the Scottsdale PD spokesperson, the by line on her stories.

After the Loxas shooting, Ms. Madrid did the exact same thing yet again. But even worse, she made it seem as if it was her own story, thereby giving the story the credibility of an independent investigation (from my comments on twitter):

.@ofeliamadrid @azcentral Plz tell me you are going to do more than just repeat what @scottsdalePD tells you back to us

.@ofeliamadrid Will reporters ask SPD basic questions (ie, investigate) or just repeat SPD's statement word for word to the public?

Plz someone, anyone ask @scottsdalepd why No TASER!!

@KimRSchofield even worse the poor question reporters were asking at the PR conference. That's why SPD gets away with this behavior

@ofeliamadrid @azcentral If gun found in "lunge area" why 2hrs ago SPD said no gun recovered? anyone bother to ask SPD that question?

Wonderful how local media falls over backwards to exonerate/congratulate police who shoot 2 kill.

I take it from local media coverage of police shootings they are terrified of upsetting @scottsdalePD

.@ofeliamadrid @azcentral "Search warrant"?? why would @scottsdalePD have needed a search warrant for? that smells really rotten

.@ofeliamadrid @azcentral is @scottsdalePD saying he was shot and dropped the gun or didn't have it when shot? did you ask SPD that?

@kinseyschofield @KFisher15 I hate to say it, but local media doesn't care or is scared. S.Cal doing much better on Loggins shooting

.@ofeliamadrid @azcentral Did you ask why no taser or dog used?

And when Scottsdale PD finally released the Prostrollo police reports, she simply cut and pasted the police reports as her story. She only added the obvious point about wind not being an issue after I criticized her on twitter (her replies to me start with Ofelia Madrid and my direct replies to her start Vladimir Gagic):

.@azcentral if I want to apply for a job, can I just cut and paste someone else's resume? Thats how ur reporters get write their stories

@kinseyschofield @ofeliamadrid @scottsdalepd "in love" with cutting and pasting police reports and making it her story. Cushy job...

Working for @azcentral would be super easy. All I would do is cut and paste from police reports like this one story http://www.azcentral.com/news/articles/2012/02/21/20120221scottsdale-police-officer-report-outlines-fatal-shot-fired.html

Am I the only person who thinks that some members of media are either too close or too scared of law enforcement to report accurately?

Ofelia Madrid ‏ @ofeliamadrid @vlga Of course.If you're read my response to you, I said, several officers mentioned that it was windy. I didn't add the rest about Tasers

Vladimir Gagic ‏ @vlga.@ofeliamadrid Most important part of shooting is @scottsdalepd blatantly lied about why they had to kill him. How you don't see that...

@ofeliamadrid Don't you think its important @scottsdalePD said 2 windy for taser but no officer does?? how does that not make ur story?

Ofelia Madrid ‏ @ofeliamadrid@vlga Actually several officers mentioned windy conditions that night. Here's the report if you want to read it: tinyurl.com/8yg8gcv

Vladimir Gagic ‏ @vlga.@ofeliamadrid I hope u understand diff b'w "too windy" to use taser and "it was windy", which was spoon fed to them by IA afterwards

@ofeliamadrid I've read it many times. NOT ONE OFFICER said it was too windy to use taser or pepper spray. You should reread the report.

.@ofeliamadrid @azcentral Why didn't you mention @scottsdalePD said it was "too windy" to use taser, but that excuse not in report?

Even then, her paragraph regarding the wind was pathetic. She did not even check it for grammar as she had a comma separating two independent clauses. 

.@ofeliamadrid @azcentral wrote the lame, timid paragraph re wind in a rush and b4 proof reading? ; b4 "however" not ,

Mr. Montini's commentary was just as bad. It is obvious to me his days as Arizona's progressive voice are long gone. Either he is terrified of offending law enforcement, or he actually believes police never lie. Either way, it is time for both Mr. Montini and Ms. Madrid to go; maybe that way we can a police force that actually "protects and serves", and even more importantly, local law enforcement will finally know hunting season of unarmed civilians is over. 

For a clear example of the point I am making, compare the NC Times commentary "Shameful Acts in the OC" regarding the shooting of Sgt. Manuel Loggins Jr. and Mr. Montini's lame commentary "Marine, vet, patriot ... and threat".

And watch the video below to see what a motivated reporter can actually accomplish. If only we had someone...

Continue Reading

Jerice Hunter Arrested in Jhessye Shockley Disappearance

Posted by Vladimir Gagic on November 21, 2011

It may be nothing more than an urban legend, but I have heard many people claim that someone is much more likely to be harmed by a family member than a stranger, and that a child is much more likely to be harmed by one his parents than a stranger.

Whether or not that is true in general, according to Glendale police activity, it appears to be true in at least one particular case ("Glendale missing girl: Mother arrested, according to family" by John Genovese and Lisa Halverstadt): 

Jerice Hunter, the mother of a missing Glendale girl has been arrested, according to her mother Shirley Johnson. Police told Johnson they have not found the missing girl, Jhessye Shockley, and they had not given her a reason for Hunter's arrest. "I have no answers right now," Johnson said.

There is no indication whether the arrest was because Glendale police Ms. Hunter was responsible for harming or even killing Jhessye Shockley, or if they arrested her for another reason such as hindering prosecution (see ARS 13-2510). Certainly, having watched Ms. Hunter bizarre interviews with local media over the past few weeks, she did not seem coherent or sympathetic.  

One of the important points of this case is that I think the public tends to believe only men harm their children physically, and that mothers usually only harm their children emotionally. For more information on this point, see "Perpetrators of Child Abuse & Neglect" by the US Department of Health and Human Services Administration for Children and Families. 

Sheriff Joe's Cowboys, er Deputies Attack Michael Wyman, and Then Charge Him with Multiple Felonies

Posted by Vladimir Gagic on September 16, 2011

I know this point is getting old and tedious, but that very fact in itself means there is a serious problem: why do civil servants, and police officers in particular, get away with behavior that would land average, everyday Americans in prison for decades?  

This time I am referring to a very disturbing story in the Arizona Republic by JJ Hensley: "Peoria man sues Sheriff's Office, cites abuse by deputies". During a recent NASCAR event in Phoenix, Michael T. Wyman, saw his friend, Ernie Griego, and gave him a bear hug. Apparently, in the eyes of Maricopa County Sheriff's deputies providing security at the event, that was enough to attack Mr. Wyman, arrest him, and then charge him with multiple felonies.  According to Mr. Wyman, Deputy Preston Boyer even came up behind him and started to choke him, and another deputy tasered him in the back, and his son as well. 

Fortunately for Mr. Wyman, the Maricopa County Attorneys' Office, responsible for prosecuting this case, dismissed all the charges against Mr. Wyman. Now Mr. Wyman is suing Sheriff Joe Arpaio and the Maricopa County Sheriff's Office.

Michael T. Wyman, 50, maintains in his lawsuit that he greeted an old friend with a bear hug near the track's Speed Cantina during a NASCAR race last November when, without warning, a deputy put him in a choke hold. The deputy threw him to the ground, Wyman alleges, and another deputy began shooting Wyman in the leg with a stun gun.

Wyman was charged with resisting arrest, aggravated assault and disorderly conduct for his role in the Nov. 13 incident, but a judge dismissed the charges in March at the request of prosecutors.

The important point about this case is that all the available evidence indicates the deputies overreacted, and then, to protect themselves from sanction, blamed everything on Mr. Wyman, even though he did absolutely nothing wrong. According to the story, "a handful of witnesses acquainted with Wyman, including a firefighter and a 911 operator, could verify Wyman's claims."

According to Mr. Wyman's attorney, Daniel Treon:

Wyman continues to experience nerve damage from the stun-gun shock and has undergone surgeries, including a skin graft, to repair damage from the weapon and broken bones from a deputy stomping on Wyman's foot...

The injuries appear to be so bad that Mr. Wyman cannot go back to work at his job with Ricochet Excavating. 

If it is true that the deputies overreacted, I don't understand why the worst thing that will happen to the deputies is that the department and Sheriff Arpaio get sued. It does not even seem like they will lose their job. But imagine if these were not law enforcement but regular citizens who overreacted at a bar fight. Wouldn't they be facing jail time for aggravated assault with a deadly weapon and charges for false reporting? Why should deputies get off easy just because they wear a badge? 

Even as bad as the injuries Mr. Wyman suffered seem to be, by far the worst part of this story is the fact it seems the deputies were perfectly willing to use their authority not only to cover up their wrong doing, but were even willing to charge an innocent man with multiple felonies.  

I wish the next time the media does a story in which they think an guilty person is acquitted, for example Casey Anthony, they would also do a story in which an completely innocent man is wrongly accused. Imagine if in this case there were no civilian witnesses to corroborate Mr. Wyman? He would now be facing decades in prison for simply being the victim of police brutality.

My own experience with Maricopa County Sheriff deputies, usually at the Maricopa County Superior Court, is that while plenty of them are polite, plenty of them are cowboys as well, for example Deputy Adam Stoddard. And my experience with the always courteous and professional Pima County Sheriff deputies puts Sheriff Joe's gang to shame. 

Too Many Americans are in Prison: Prison Democracy

Posted by Vladimir Gagic on July 15, 2011

I wish every time the media does a story like Casey Anthony or OJ Simpson, about someone who they think is obviously guilty getting away with murder, they would do another story about America's place as the nation with the world's highest incarceration rate, even higher than allegedly rogue totalitarian nations like China, Iran, or North Korea.

Why are so many Americans in prison?  The statistics are overwhelming.  The United States has the highest documented incarceration rate in the world. At year-end 2009 it was 743 incarcerated per 100,000 population. According to the U.S. Bureau of Justice Statistics (BJS) 7,225,800 people at year end 2009 were on probation, in jail or prison, or on parole — about 3.1% of adults in the U.S. resident population. 9.2% of African-Americans are prison, and 70% of the American prison population is non-white.

While the United States only has 5% of the entire world's population, we have 25% of the world's prison population.   Our incarceration rate is so high, that second place Russia has an incarceration rate 40% lower. In modern history, only Stalin's pre-World War Two Soviet Union- the one that had the ideologically driven purges and dreaded NKVD- had a higher incarceration rate than our nation does now.  The median for all other nations is an incarceration rate 1/6th of the United States. 

Some might say these rates are necessary to keep Americans safe from violent crime, but is that the case? For a great discussion of this point and the absurdly high incarceration rate, see "U.S. prison population dwarfs that of other nations" by Adam Liptak of the New York Times. 

I can't but help the fact part of the reason we have such a high incarceration rate is the importance the criminal justice system has in creating jobs.  For a detailed exposition of this point and comparison between Military Keynesianism and Penal Keynesianism see "Can Penal Keynesianism Replace Military Keynesianism?" by L. Randall Wray. 

Casey Anthony and the "CSI Effect"

Posted by Vladimir Gagic on July 06, 2011

The Casey Anthony murder trial in Florida is the biggest criminal justice story since the OJ Simpson murder trial. And just like OJ, it has inflamed passions on all sides.  I did not watch the entire trial start to finish, but I do have some observations.  

First, it is crystal clear the prosecution put too much time and energy in trying to prove Ms. Anthony was a bad person- "party girl" character assassination- and not enough energy into proving how and why Caley died. How Ms. Anthony behaved after Caley died only proves how she behaved; it does absolutely nothing to prove she murdered Caley.  Slaughterhouse Five is a Vonnegut classic devoted to the single point that normal people react abnormally to unusual events.  That is exactly what happened here.  Anyone who thinks he or she knows Ms. Anthony murdered Caley based on Ms. Anthony's partying or tattoo choice has been fooled by randomness. As Nassim Taleb would say, that person- and the prosecution- has confused noise for information. 

Second, the "CSI effect" was in full force.  It seems that the state of Florida simply could not prove how and when Caley died, but unfortunately for the prosecution, a jury pool used to the fantastic Hollywood world of CSI did not know that.   As such, the prosecution should have devoted more energy to educating the jury as the modern limits of forensic science, and less energy to a seemingly random, left field statement like if you hit a animal while driving, any reasonable person would check the trunk; and the prosecution should have completely scrapped its chloroform fixation.  

The prosecution should also take heed of Mr. Baez' calm and even mannered demeanor.  Juries dislike dramatic prosecutors who seem vindictive and blood thirsty. And sometimes they vote against the prosecution not because they believe the defendant is innocent, but because the prosecutor scares them.   While I don't think that happened here, I do think the prosecution would be well advised to tone down the drama and ditch the Nancy Grace theatrics.  

Finally, this jury did not make a mistake.  Juries don't make mistakes; bad lawyering and bad facts make mistakes.  This jury knew full well the consequences of their decision and the possibility of public scorn. We should thus assume this was their well reasoned and considered opinion.  

To see my interview with Nicole Crites of KPHO see the video above.