It Can. It Did. It Will.

Filed in National by on April 30, 2015

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Yes, white people were arrested too during riots. And yes, some of them were held for two days without hearing or charges, only to be released with no charges. I am including this picture here and in the thumbnail on the front page of the site because sometimes, oh shit, most of the time, the privileged white people among us, including myself, cannot really and totally connect to a story unless we think it can happen to us. It can. It did. It will.

Police Brutality is not just a problem for the black community. It is a problem for us all.

From Facebook:

OK…here it is…

I’m going to try to keep this as brief as I can, but I’ve been asked by several people about Central Booking today, so I’ll give you guys the shocking highlights. As much as I’d like to, I can’t describe the particulars of some of the more egregious arrests, due to attorney/client privilege issues, but I would like to describe the Civil Liberties violations, and the deplorable conditions which people have had to endure.

As many of you know, more than 250 people have been arrested since Monday here in Baltimore. Normally when you are arrested, you are given a copy of your charging documents and then you must see a commissioner within 24 hours for a bail determination (“prompt presentment”) and given a trial date. If you are not released after the commissioner hearing, you will be brought before a judge for
a review of the bail set by the commissioner. None of this was happening, so we sent some lawyers to Central Booking yesterday to try to help. I heard, however, that only 2 commissioners showed up, and the correctional officers only brought about 9 people to be interviewed because the jail was on a mysterious “lock-down”.

Today we were divided into two groups. Some of the lawyers were assigned the task of actually doing judicial bail reviews for as many folks as they could get interviewed and docketed. I was assigned to the other group. We were the “habeas team”, and we were to interview folks that we felt were being illegally detained, so we could file writs of habeas corpus. Governor Hogan had issued an
executive order, extending the time for prompt presentment to 47 hours. We believed that this order was invalid because the governor has no authority to alter the Maryland Rules. As a result, all people who were being detained for more than 24 hours without seeing a commissioner were being held illegally.

Knowing all of this, I was still not prepared for what I saw when I arrived. The small concrete booking cells were filled with hundreds of people, most with more than ten people per cell. Three of us were sent to the women’s side where there were up to 15 women per holding cell. Most of them had been there since Monday afternoon/evening. With the exception of 3 or 4 women, the women who weren’t there for Monday’s round-ups were there for freaking curfew violations. Many had not seen a doctor or received required medication. Many had not been able to reach a family member by phone. But here is the WORST thing. Not only had these women been held for two days and two nights without any sort of formal booking, BUT ALMOST NONE OF THEM HAD ACTUALLY BEEN CHARGED WITH ANYTHING. They were brought to CBIF via paddy wagons (most without seat belts, btw–a real shocker after all that’s happened), and taken to holding cells without ever being charged with an actual crime. No offense reports. No statements of probable cause. A few women had a vague idea what they might be charged with, some because of what they had actually been involved in, and some because of what the officer said, but quite a few had no idea why they were even there. Incidentally, I interviewed no one whose potential charges would have been more serious than petty theft, and most seemed to be disorderly conduct or failure to obey, charges which would usually result in an immediate recog/release.

The holding cells are approximately 10×10 (some slightly larger), with one open sink and toilet. The women were instructed that the water was “bad” and that they shouldn’t drink it. There are no beds–just a concrete cube. No blankets or pillows. The cells were designed to hold people for a few hours, not a few days. In the one cell which housed 15 women, there wasn’t even enough room for them all to lay down at the same time. Three times a day, the guards brought each woman 4 slices of bread, a slice of american cheese and a small bag of cookies. They sometimes got juice, but water was scarce, as the CO’s had to wheel a water cooler through every so often (the regular water being “broken”.)

My fellow attorneys and I all separately heard the same sickening story over and over. None of the women really wanted to eat 4 slices of bread 3 times a day, so they were saving slices of bread TO USE AS PILLOWS. Let me say that again. THEY WERE ALL USING BREAD AS PILLOWS SO THAT THEY WOULDN’T HAVE TO LAY THEIR HEADS ON THE FILTHY CONCRETE FLOOR.

Interviewing these women was emotionally exhausting. Quite a few of them began crying–so happy to finally see someone who might know why they were there, or perhaps how they might get out of this Kafka-esque nightmare. These women came from all walks of life. We interviewed high school students, college students, people with graduate degrees, people with GED’s, single women, married women,
mothers, the well-employed, the unemployed, black women and white women. Almost all of them had no record. Those that did, had things like dui’s and very minor misdemeanors. Our group didn’t interview any of the men on the other side, but my colleagues reported very similar situations. On the men’s side there were journalists and activists, as well as highschool kids with no records, barely 18 years old.

As we were getting ready to leave, we heard that many of these folks might be released without charges, after being held for 2 days. When we returned to the office, our amazing “habeas fellow”, Zina Makar, single-handedly filed 82 habeas petitions. That is when we heard that 101 people were released without charges. I’d like to think that the amazing legal response to this injustice played a large part in their release, and I feel privileged to have been a part of it. They may be charged later, but I’m guessing most of them won’t based on how minor their alleged infractions are. There are still over a hundred folks in there that need to see a commissioner and/or a judge, but hopefully we have thinned the ranks a little, and we will keep fighting until everyone has received due process. (We are concerned about these folks potential bails, as we are hearing about bails in the hundreds of thousands of dollars for misdemeanor charges).

I’ll wrap this up by reminding everyone that all lives matter. We are all human beings. And we are Americans, and as such we are afforded protections under the law, the guilty and innocent alike. If one person is denied due process, we all suffer. If one persons rights and freedoms are trampled on, it’s not only a reflection on all of us, but it puts our own liberty at risk. The moment we view some individuals as more important than others, we cheapen ourselves. At the very essence of our democracy is the right to question and stand up to authority. During these trying times, we should all keep that in mind.

I’ll leave you with a beautiful picture that was taken today of one of the women who was released without charges. Her husband had been waiting outside CBIF trying to find something…ANYTHING out about when she might be charged or released. This was taken moments after she walked out the door…..

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  1. pandora says:

    This behavior (which has been going on forever) is outrageous. The fact that not everyone is outraged demonstrates white privilege better than most examples. Hey, if a white person doesn’t want to be treated this way then simply don’t protest with black people! Black people do not have such a luxury.

    The amazing thing is how people who aren’t outraged by this denying of rights fail to see all of this heading their way.

    This is the way our government has decided to curb protests. Wanna protest? Well, we’ll lock you up for a couple days. Still want to protest?

  2. Dorian Gray says:

    I hope that although this was an uncomfortable and trying ordeal that all these people feel a sense of pride for being in the street and on the side of justice. I, for one, commend them.

  3. RobberBaron says:

    Since when does the definition of protesting include arson, looting, destruction of private property and interfering with the fire department?

  4. liberalgeek says:

    Since at least the original Tea Party.

  5. ben says:

    seriously… do people think the only thing the Sons of Liberty did was dump tea? they tared and feathered loyalists and royal soldiers, waged a terror campaign against loyalists (about 1/3 of the population) and on top of that…. their most celebrated action, they tried to frame native Americans because Sam Addams and his thugs were too cowardly to be seen. Screw your Boston Tea Party.

  6. Dorian Gray says:

    The answer the RB’s question is simple… since the beginning of time. Can somebody ring the good Professor Newton? Steve needs to do one of his famous American History Interventions… you know with facts and stuff.

    He had a good comment here a few days ago about the Whiskey Rebellion I think. Anyhow… when you just repeat the reply that the empty headed dolts on the radio tell you to say… well… you see what it does.

  7. Jason330 says:

    The best protest in this case would have harkened back to July 14th 1789, and would have involved busting these people out of jail.

  8. RobberBaron says:

    Ok. When the Tea Party does it, it is reprehensible, but when the Baltimore thugs do it, it is praiseworthy. Got it. Thanks for clearing that up.

  9. pandora says:

    Learn your history, RB.

  10. RobberBaron says:

    History? What about current affairs and the riots in the present tense? Is it proper behavior or should it be called what it is- thuggery?

  11. pandora says:

    Oppression and rebellion – as American as apple pie.

  12. ben says:

    rb, stop being dense. no one is condoning personal injury (well, BPD does, and that is why we’re in this mess) or property damage. what you’re doing is writing off the entire thing and everyone’s legitimate grievances based on the minority of people who the news is choosing to focus on.

  13. RobberBaron says:

    None of you can bring yourselves to actually say it. The looting and destruction in Baltimore is just plain wrong. The uber Left will always defend abhorrent behavior, unless it comes from a group they hate, such as the Tea Party or conservatives in general…..and then you fall on them with great anger. Be very careful, the destruction may find its way to Wilmington, Philadelphia, New York, etc. If payback and anarchy is what you want, it may be closer than you think.

  14. Jason330 says:

    I condem the abhorant behavior of the police in Maryland who killed 111 people in custody last year.

  15. Jason330 says:

    If you are waiting for me to be sad about a burned out CVS, you’ll be waiting a long time.

  16. pandora says:

    No one is defending the looting and destruction of property, but that’s all you got. You gotta wonder, there were peaceful protests going on before the afternoon of the violence – you know, the day the powers that be in Baltimore decided to shut down public transportation and strand all those kids coming out of school – but the media wasn’t interested in that.

  17. SussexAnon says:

    The looting and destruction in Baltimore is just plain wrong. Equally wrong is holding people without charging them, extending habeas corpus by decree and setting astronomical bails. Oh, and shooting, beating and breaking the necks of unarmed people is wrong too.

    There. Feel better?

    I await your condemnation of protesters pointing weapons at federal agents at the Bundy Ranch.

  18. Jason330 says:

    Lol. Don’t hold your breath

  19. RobberBaron says:

    Big difference between defending your own property from federal agents and looting, burning and destroying OTHER peoples property because you are pissed. You have to see that. Also, Freddie Gray was no saint. Have you seen his rap sheet? If not, I will share.
    His arrest record includes at least 18 arrests:
    •March 20, 2015: Possession of a Controlled Dangerous Substance
    •March 13, 2015: Malicious destruction of property, second-degree assault
    •January 20, 2015: Fourth-degree burglary, trespassing
    •January 14, 2015: Possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute
    •December 31, 2014: Possession of narcotics with intent to distribute
    •December 14, 2014: Possession of a controlled dangerous substance
    •August 31, 2014: Illegal gambling, trespassing
    •January 25, 2014: Possession of marijuana
    •September 28, 2013: Distribution of narcotics, unlawful possession of a controlled dangerous substance, second-degree assault, second-degree escape
    •April 13, 2012: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance, violation of probation
    •July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
    •March 28, 2008: Unlawful possession of a controlled dangerous substance
    •March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
    •February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
    •August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
    •August 28, 2007: Possession of marijuana
    •August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
    •July 16, 2007: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance (2 counts)

  20. pandora says:

    Please tell me why the police arrested Freddie Gray that day.

    And you’re okay with the Bundy people aiming guns at law enforcement? Really.

    Smearing the dead person is vile and typical. Good to know you’re okay with implementing the death penalty without a trial and for the above offenses. What a patriot. Is there anything about the Constitution or American history you actually know?

  21. RobberBaron says:

    The word on the street is that Freddie actually injured himself. We still don’t have all the facts, but with what has happened, there will be an exhaustive investigation. Must you accuse me of not knowing American history or the Constitution? What does that possibly have to do with anything other than deflecting?

  22. Mitch Crane says:

    RobberBaron, we don’t condone lynch mobs in this country, even when wearing a badge. If Freddie Gray had been convicted of every crime you list, no one of them, nor all of them equal a death sentence. In this country police are required to make lawful arrests, use reasonable force to subdue suspects and then turn them over for prosecution and trial-and sentencing if convicted. Whether Mr. Gray was a saint or a devil, he did not deserve to die for whatever crimes he may have committed.

  23. pandora says:

    Word on the street? LOL.

  24. Jason330 says:

    Mitch is right of course. Conservatives hate government overreach except when it comes to police acting as judge jury and executioner. If the guy in handcuffs is black, Republicans like Robber Barron are suddenly a BIG fans of government overreach.

  25. SussexAnon says:

    Your argument is invalid.

    The people that pointed guns at federal agents drove across entire STATES to “defend” someone ELSE’S property.

    I await your condemnation of citizens pointing guns at a federal agents.

    “The word on the street” was a leak from the police department. Let the distortions begin.

  26. SussexAnon says:

    But if you are OK with armed citizens pointing guns at law enforcement in the interest of self defense, then I guess it would be allright if the Black Panthers, Black Guerrilla Family, Crips and Bloods all lined up on the streets of Baltimore and told the police and national guard to get out, right?

    Because Police have been raiding the wrong houses in Baltimore and, well, that is just gov’t intrusion at its worst, right?

  27. Jason330 says:

    I don’t expect any consistency or coherence from these racist a-holes. The system works from their perspective. Certain people are subject to police abuse and that’s okay. Because they live in the wrong neighborhood or have the wrong skin color, or have been picked up before. That’s why Baltimore is angry, and that’s why I don’t blame them.

    The handcuffed guy sitting in the back of the van could be the worst criminal in history – it could have been Dick Cheney, and he should still be taken to trial before his punishment is determined by a fucking cop.

  28. Dorian Gray says:

    Pandora picked up the best bit. RobberBaron knows “the word on the street.” The idea of that just made my entire weekend already.

    And spare us the cut and paste of Freddie Gray’s rap sheet or the fact that the Baltimore mayor are police chief are black or that the protesters burned building in their own neighbourhood… You don’t get it. You won’t get it and quite frankly at this stage, I don’t care. Your opinion, like your writing, is easily ignored.

    These neighbourhoods are like occupied territory. The police are given broad authority and they apply it violently, capriciously and with nearly total impunity. They are murdering unarmed people in the street… and you want to talk about Freddie Gray’s arrests for possessing controlled substances? The fucking Drug War excuse (see also “given broad authority”).

    Some people don’t get it… and I don’t care. You don’t want to understand because, in your defense, you don’t believe you need to understand it. As always, if you care about people rights support every last person in the street tonight and every night. And maybe you’ll even join them one day and actually understand what the word really is on the street.

  29. pandora says:

    “Word on my cul-de-sac”

    There. I fixed that for him.

  30. Jason330 says:

    lol

  31. ben says:

    there’s more word on the street that Freddie didnt try to kill himself, while cuffed, shackled, and unsecured in back of a steel box….. but i guess those words dont reach the gated communities.

    I do agree with the 1%ers on how it’s a shame the rioters are destroying their own neighborhood. they should really organize a bus trip the burbs.

  32. ben says:

    So an apparently cop-friendly special prosecutor has decided to file murder charges. That’s huge.

  33. Jason330 says:

    That is huge. The police need to be policed.

  34. Prop Joe says:

    RobberBarron: I read your BS and immediately thought of this statement from a highly-educated, globally-successful individual… “It seems like [thug] is the accepted way of calling somebody the N word nowadays.”

  35. ben says:

    cue the “you’re racist just for saying that” reaction.

  36. Prop Joe says:

    Cue the reaction of “cue the you’re racist just for saying that” reaction…

    I think it’s a legitimate point, irrespective of what RobberBaron’s intentions in using it. Doesn’t mean he/she is racist, but the use of the word by non-POC as it relates to the activities of African-Americans is certainly frequent enough to wonder if “thug” can now be considered “coded” language…

    I found the following comments on the subject, from a blog on the Georgetown University Law Journal:

    It’s how Michael Dunn described Jordan Davis and his friends as they sat listening to music in a gas station parking lot. It’s how a large portion of the country described Richard Sherman after he exhibited what in any other case would have brushed off as post-game passion—what one might call a “boy will be boys” moment after a big game. It’s the way the media and George Zimmerman portrayed 17 year old Trayvon Martin.

  37. ben says:

    Everyone knows what “thug” means nowadays. Playing coy and dumb doesnt work anymore. We have to stop coddling racists. they are vile and choose to be racists.