Fairfax County Police Watch: Settlement Over False Arrest Of Occupy Protesters

Attorney: False arrests of protesters a 'symptom of institutional suppression' of speech and protest by NYPD.

By Lauren McCauley |

In a clear rebuke of the heavy-handed tactics of the New York Police Department, the City of New York on Tuesday agreed to pay $583,000 in damages for the false arrest of more than a dozen Occupy Wall Street demonstrators on New Years Eve in 2011.

The protesters were arrested near midnight in Manhattan for allegedly blocking pedestrian traffic after marching from a rally in Zuccotti Park. However, according to the suit, Peat v. City of New York, the police had surrounded the marchers and prevented them for dispersing.

Hailing the settlement as an affirmation of the constitutional right to protest, attorneys with the civil rights law firm Stecklow Cohen & Thompson, who argued on behalf of the protesters, said: “This systematic false arrest and misconduct by high ranking NYPD officers is a symptom of an institutional practice of chilling expressive speech activity and suppressing protest in New York City.”

“The police, led by supervising officers, stopped peaceful protesters on the sidewalk, surrounded them with a blue wall of police, told them to disperse, and then arrested them before they possibly could,” Attorney Wylie Stecklow continued. “This was an unacceptable violation of basic constitutional rights perpetrated by the Bloomberg-Kelly NYPD.”

Marking the largest single settlement to date for an OWS-related civil rights suit in New York, the plaintiffs will each receive between $5,000 and $20,000 in compensatory damages.

“I’m glad we were able to stand up for our rights and show the NYPD that the law applies to them, as well,” said Garrett O’Connor, who was one those arrested. “Now I hope there will be an investigation into the police tactics used against the Occupy Wall Street movement.”

This video documents the New Years march and arrests:

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.