Fairfax County Police Watch: NLGSF Demands Action From The Monitor On Police Misconduct

January 30, 2012
National Lawyers Guild

NLGSF Demands Action From The Monitor On Police Misconduct

The National Lawyers Guild San Francisco Bay Area Chapter (NLGSF) condemns Oakland Police (OPD) and Alameda County Sheriff’s Office (ACSO) violence, mass arrests and abuses against Occupy demonstrators at Saturday’s demonstration. Police violently attacked activists with chemical weapons, so called Less-Lethal munitions, and physical assaults. Hundreds were arrested unlawfully, without opportunity to disperse, and then detained for many hours on the street and then in buses, in stress positions, and without bathrooms, food or water. Once in jail, protesters faced inhumanely crowded conditions, abusive treatment and were denied access to legal counsel. Many remain unaccounted for, though certainly arrested and awaiting booking two days after being detained.

“It is appalling that the OPD continues to violate the law and its own policies,” said Carlos Villarreal, NLGSF Executive Director. “The police instigated the confrontation by immediately attacking the march with chemical agents, flashbang bombs, and a volley of rifle or shotgun-fired projectiles.”

As of 11 a.m., Monday, January 30, the NLGSF can confirm that at least 284 people were arrested on Saturday during Occupy Oakland’s Move In Day. The NLGSF received many reports of assaults on protesters, including an incident in which police knocked one person’s teeth out with a baton strike to the face. Police reportedly threw others through a glass door, and down a flight of steps. A videographer was pushed to the ground and clubbed.

“OPD has shown itself incapable of handling crowd control in a legal, much less professional manner,” said NLGSF Attorney Rachel Lederman. “We would urge the appointed monitor to take action immediately to rein in this abusive conduct, which is leading to ever increasing liability for the City.”

Once in Alameda County custody, the arrestees have been held for a prolonged period under horrendous conditions, often remaining overnight in holding areas with no beds or blankets. Some arrestees were apparently held in a shower room. NLGSF has received many reports of injured persons being denied medical care and arrestees denied access to necessary medications. Women arrestees were forced to give urine samples in front of male officers, ostensibly for pregnancy testing.

Critically, arrestees were denied access to counsel. On Sunday night volunteer lawyers with the NLGSF were denied access to clients and told to return in the morning.

“OPD and Alameda County Sheriffs Department Officers are responsible for yesterday’s violence,” said NLGSF President Michael Flynn. “The NLG supports the Occupy Movement and will continue to push back against the violation of human rights by OPD and the misinformation from public officials that follows.”

NLGSF is currently litigating two lawsuits against Oakland and Alameda County based on similar abuses at a 2010 police brutality demonstration and the October 25, and November 2, 2011, OPD enforcement actions against Occupy.

The NLGSF is the Bay Area chapter of the National Lawyers Guild (NLG) – a bar association founded in 1937. The NLG is providing legal support to activists from coast to coast and has dispatched hundreds of legal observers to monitor law enforcement at the Occupy protests. More information is available at www.nlgsf.org.

Morrogh finds cop he doesn’t love. In other news, hell freezes.

Probe of fatal police shooting goes to federal authorities

By Justin Jouvenal/Post

The Fairfax County prosecutor has turned over the investigation of a fatal police shooting of an unarmed Springfield man to federal authorities, citing complications with the five-month-old case.

Commonwealth’s Attorney Ray Morrogh said the U.S. attorney’s office for the Eastern District of Virginia has agreed to continue the probe into the death of 46-year-old John Geer, who was shot during a standoff with Fairfax County police in August. No one has been charged in the incident.

“There is a conflict of interest that has arisen in the case,” Morrogh said Thursday. “And there is a second potential conflict of interest that has arisen out of my office. . . . This is the prudent thing to do.”

Morrogh declined to describe the nature of the conflicts because the investigation is ongoing. The U.S. attorney’s office said Thursday that it could not confirm or deny any investigation or comment on pending investigations.

Police went to Geer’s Pebble Brook Court home on Aug. 29 because of a report of a domestic disturbance. Geer’s father, Don Geer, said his son was upset because his girlfriend, the mother of his two children, had decided to leave him.

John Geer had thrown his girlfriend’s belongings in the front yard. She called police and told them that Geer had a firearm. Police said they tried for about 50 minutes to persuade Geer to leave the home, but he refused.

Don Geer said he watched the climax of the encounter. He said that he could not hear what officers were saying to his son but that he saw him standing with empty hands resting on top of a screen door at the home’s entrance.

At some point, John Geer began to slowly lower his hands and an officer opened fire, hitting Geer in the chest, his father said. Geer retreated inside and closed the door. A SWAT team eventually entered the home and found Geer dead.

Don Geer said detectives later told him that his son did not have a gun on him at the time of the shooting but that there was a holstered handgun a couple of steps from the front door.

Don Geer said it appeared to him that the shooting was unjustified, but he was unsure what to make of the probe being turned over to federal authorities.

“I don’t know whether that’s good or bad — if I had a better idea of why they are doing it, I could form an opinion,” he said.

Geer and friends of his son have been critical of how long the investigation has taken, but Morrogh said police and prosecutors were working to explore all the evidence. He did not think federal prosecutors would have to start from scratch.

“No one wants these things to linger on,” Morrogh said.

Our ink will outlast his career

Under the reign of former Chief of Police Rhorer the Fairfax County Police arrested a man for not wearing clothes in his house while he made coffee, set up an eye doctor on a gambling charge and then used the SWAT team to kill him. An investigation into the charge that the Doctor’s primary clients were cops has never been investigated. The police gunned down an emotionally unstable man because cop who shot him wrongly assumed the man was trying to escape. He wasn’t. The cops also shot dead four other citizens under highly questionable circumstances. The department under Rhorer was sued multiple times by citizens. So did they fire Rhorer? Naw they promoted him. According to news reports Rhorer draws a salary of $191,168 per year as Deputy Fairfax County Executive as well as a concurrent pension from the Fairfax County police of $173000 per year.

Occupation by force

According to the most recent U.S. Census figures, nearly one in five Fairfax residents (17.5 percent) is of Asian descent while Hispanics make up nearly 16 percent of Fairfax’s overall population. Those numbers drop considerably when applied to the Fairfax County Police Department, where only 4.3 percent of officers are Asian and 4.1 percent Hispanic. White officers make up 84 percent of Fairfax County’s 1,360-member police department, significantly higher than the county’s general population (54 percent white). Almost 90% of the force lives outside the county.