Tag Archives: California

San Diego Cop Who Committed Perjury Exposed by His Own Body Cam Video

San Diego Police Officer Perjury Body Camera Homeless Citation

San Diego Police Officer Colin Governski’s own body cam video exposed that he had committed perjury while testifying against a homeless man.

In August of 2015, Officer Colin Governski of the San Diego Police Department was in the process of harassing some homeless people who were camping near a beach. Shortly after, Governski saw another homeless man, Tony Diaz, come out of a nearby bathroom.

He then began accusing Diaz of living out of his truck and after initially indicating that he was warning him about doing so, he quickly decided instead to give him a citation. That citation was based on a San Diego law that prohibits people from living within a vehicle that is parked on public property.

In court, Officer Governski testified that he had caught Diaz sleeping inside the back of his truck. However, Diaz maintained that he was just using the bathroom prior to going fishing at the beach. He also stated that a friend allows him to park on their privately owned property overnight. In spite of his insistence that he had not been sleeping in his truck at the time, based on Governski’s testimony, Diaz was found guilty of “vehicle habitation” and fined $280.

Later, the lawyer representing Diaz filed an appeal of that conviction in order to challenge the constitutionality of the ordinance against living in a car. A similar law in Los Angeles had already been struck down as unconstitutional by the 9th Circuit Court of Appeals in 2014.

During the appeal process, it was discovered that Officer Governski had been wearing a body camera that day. (See video embedded below.) The unnecessary arrogance and mean spirited nature of the harassment shown on that video is appalling by itself. More importantly though, the body cam footage clearly showed Diaz was walking out of the bathroom and not sleeping in the back of his truck when Ofc. Governski first encountered him.

As a result of the contradiction between Governski’s testimony and what’s shown on the video, the conviction was reversed. However, Governski has yet to be charged with perjury. And it’s not because he doesn’t warrant such a charge. During the original trial, Governski had lied directly to the judge while under oath when he was specifically asked several times if Diaz was sleeping in the back of the truck when he found him. For anyone without one of those Magic Uniforms, that’s a felony.

This wasn’t even the first time he was caught lying and filing false charges to harass someone, either. In 2014, the taxpayers of San Diego were forced to pay $15,000 to another homeless person Governski had falsely arrested. On top of that, he had also violated SDPD policy by not noting on the citation that there was body camera footage available, which is why it wasn’t presented at the trial.

Nobody should hold their breath waiting for Officer Governski (or any other cop) to be charged with or in any meaningful way punished for perjury, regardless of how obvious and outrageous the lies they tell are. In fact, the San Diego City Attorney’s Office indicated that they had not even reported Governski’s conduct to internal affairs or his supervisor when asked by his attorney.

Of course, as Tony Diaz’ attorney, Coleen Cusack, pointed out, if they will lie about such a minor citation what won’t they lie about? For the sake of yourself and anyone else you see being harassed or abused by the police,  film the police.

 

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Innocent Man Framed For Murder by LVMPD Detectives and Las Vegas Prosecutors Freed After 22 Years in Prison

Demarlo Berry Released From Prison Innocence ProjectLast week, Demarlo Berry was released from a Nevada prison after serving 22 years for a murder he didn’t commit. He had been sentenced to life without parole in prison for a 1994 robbery at a Las Vegas Carl’s Jr. and the murder of Charles Burkes, the manager.

Based on media reports of his release, you would think that the Clark County District Attorney’s Office had supported and even played a significant role in his exoneration. That’s far from the truth, though.

Via the Las Vegas Review Journal:

For years, Berry’s legal team has asserted that incredible trial testimony, as well as a written confession from another man in 2013, proves their client was wrongly convicted.

A Clark County judge on Wednesday signed the order of dismissal that secures the release. The Clark County district attorney’s office had agreed to dismiss the case Tuesday, following a monthslong (sic) investigation by members of the office’s newly formed conviction review unit.

Prosecutors for years had fought Berry’s claims of innocence with assertions of his guilt, but on Thursday they hailed the case as the first release resulting from the review unit established in October.

“They’ve finally done what we think they should have done all along,” (lawyer Craig) Coburn said.

For years, Coburn along with the Rocky Mountain Innocence Project had been fighting to prove he had been falsely convicted. However, Las Vegas prosecutors had fought just as hard against his release. That includes even after the real killer confessed all the way back in 2013.

Steven Jackson, who has been in prison in California for a separate murder since 1996, had voluntarily confessed and in the process provided details only the person who had committed the crime could possibly know. In addition, a woman provided an independent statement that Jackson had confessed to her shortly after the murder occurred.

In fact, the reality is that district attorneys, along with police officers from the Las Vegas Metropolitan Police Department, manufactured witness testimony against Berry to ensure his conviction. As can be heard in the audio file embedded below (at approx. 6:30), that witness later recanted his claim that Berry had made a jailhouse confession.

In the process, Richard Iden also stated that detectives from the LVMPD coached him on what to say and provided him with details of the crime to bolster his testimony. As reward for that false testimony, Iden was given a favorable plea deal. He was also paid off with free plane tickets home to Ohio to visit his family, a free hotel room during the trial, and cash “per diem” payments.

Of course, while District Attorney Steve Wolfson is busy patting himself on the back for “causing the release of Demarlo Berry from prison after 22 years,” there’s been no mention whatsoever of any sort of accountability for the prosecutors and detectives who illegally manufactured evidence in order to put him there. Nor is there any mention of why it took four years after the real killer had admitted his own guilt before they finally decided to stop fighting that release.

And BTW, Nevada is one of eighteen states in the country that don’t provide any sort of compensation to people who have been exonerated after false convictions. So, unlike the guy the prosecutors paid off to provide false testimony at his trial, Berry will get nothing from the State of Nevada for the decades he was wrongfully imprisoned.

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“What Happened in Vegas” Didn’t Stay in Las Vegas; Police Brutality Documentary Premiers at Cinequest

Last week on March 4th, “What Happened in Vegas” had its world premier to rave reviews at the Cinequest Film Festival, which is held annually in San Jose, CA. (This year there were also additional screenings held in Redwood City.) The documentary by Ramsey Denison is primarily focused on three very questionable shootings of Las Vegas residents by members of the LVMPD (AKA “Metro”) and the lack of any resulting consequences for the officers involved in those killings.

Within Las Vegas all three cases were very prominent incidents that received widespread local coverage and generated significant criticisms against the LVMPD and their handling of them. The inadequacies of the investigations into the questions surrounding those cases and outright cover-ups, as well as the reasons behind them also play a major role in the film.

Trevon Cole and Bryan Yant

The first case featured in the movie is that of Trevon Cole, who was caught on camera selling a very small amount of marijuana to an LVMPD detective. Cole very easily could have been arrested right then or at virtually any other time he stepped out of his house and there was no indication that Cole was or would become violent.

Instead, in order to create a dramatic confrontation intended to be used in a proposed reality show the LVMPD was hoping to create, they decided to conduct a full SWAT raid on his apartment. During that raid, Sgt. Bryan Yant, who had intentionally used falsified information from another person (that actually lived in Texas) with the same name as Cole to attain the search warrant, shot Cole in the head with an AR-15 in front of his pregnant girlfriend, while Trevon was on his knees in the bathroom.

Later, in an attempt to justify their actions, Metro police officers showed up at the house belonging to Cole’s in-laws, where his girlfriend, who was literally within days of having their baby, was staying. They then conducted an illegal search of Cole’s belongings hoping to find something that would incriminate him and provide justifications for the murder.

Not only was nobody held accountable in any way whatsoever for the falsified search warrant, the illegal search afterwards, or the murder itself, Bryan Yant, for whom this was his third deadly shooting, was recently hired by the Las Vegas Police Protective Association as the union representative that advises police officers when they are involved in shootings.

Erik Scott and Costco’s (Conveniently) Malfunctioning Camera

The second and most well known case featured in the movie is that of Erik Scott, who was shot by LVMPD Officers William Mosher, Joshua Stark, and Thomas Mendiola as he walked out of a Costco located in a suburb of Las Vegas known as Summerlin. The original reason that the police were called was because an employee at the Costco had noticed that Scott was wearing a holster under his shirt. Erik Scott was legally registered to carry the concealed weapon that he was armed with that day. However, Costco has a policy against firearms within their stores. After having a discussion about that with Scott, a Costco security guard, Shai Lierley, called Metro and reportedly exaggerated his behavior. (Erik had asserted his legal right to be armed, but had not acted in a threatening manner.)

After an evacuation order was given at the store, Lierley pointed Scott out to Mosher, Stark, and Mendiola. Those officers then proceeded to give contradictory, confusing, and aggressive orders to Scott. Shortly after, Mosher shot Scott and after he had already fallen to the ground Stark and Mendiola followed suit firing numerous rounds into his body as he lay already mortally wounded.

Like most large retail stores, that Costco location had security cameras throughout the inside and outside of the store. One of those was situated where it should have recorded the entire confrontation. By some amazing “coincidence” that one surveillance camera just happened to be malfunctioning that day and all the footage from that specific time was unrecoverable.

In the movie, Erik Scott’s father, Bill, also describes how the police soon realized that a report by the EMT in the ambulance that transported Erik to the hospital where he was pronounced dead had noted that there was a gun on his body still within the holster. the problem with that was that the police had at some point retrieved that gun and placed it at the scene of the shooting to corroborate their story that Scott had pulled his gun as a justification for it. The next day, even after they were denied permission to do so by Erik’s brother, who lived with him at the time, Metro officers conducted an illegal search on his apartment under the pretense of securing his property. Not long after, the narrative became that Scott had actually been carrying two guns at the time of the shooting.

As was the case with those involved in the Trevon Cole murder, Erik Scott’s killing was ruled justified. In fact, Mosher and Stark were given awards for bravery during the murder of Scott shortly afterwards. (Mendiola had been fired by that point for giving a gun to a felon.) Both of them are still employed with the LVMPD.

Stanley Gibson and Jesus Arevalo

The third case featured in the movie is that of Stanley Gibson, a Gulf War veteran who had cancer and PTSD, both of which were caused by his military service. Partially as a result of his medication being cut off by the Veteran’s Administration and partly because of the effects of the cancer on his memory, Gibson entered the wrong apartment complex after having just moved. Police were called after someone saw him attempting to open the door to the apartment he thought was his and soon after they had blocked his car in inside the parking lot.

In spite of the fact that Gibson’s car was completely blocked in by two unoccupied police cars (see embedded video below) and would not have been able to move, the police at the scene decided they could not simply wait him out. Instead, they concocted a plan to break out Gibson’s back window with a bean bag round and then shoot pepper spray into the car (which is against Metro’s policy) to force Gibson, who at the time was unresponsive, to come out of it. However, once the bean bag round was fired, Officer Jesus Arevalo fired seven times with his personal AR-15, later claiming that he thought the firing of the bean bag round was Gibson shooting at them.

While the investigation was still ongoing Arevalo’s soon to be ex-wife was recorded stating that, among other things, he had said before Gibson’s killing that he wanted to shoot someone so he could get paid time off, had referred to Gibson using a racial slur and expressing disdain for him, and had bragged about how fast he was able to fire off those seven rounds. Not surprisingly though, Stanley Gibson’s shooting, like every other police shooting in the entire history of the city of Las Vegas was ruled justified. Not only that but Arevalo was placed on disability as a result of stress from the shooting and given a monthly payment of $23,000 to $28,000 (plus cost of living increases) for the rest of his life.

Beaten and Arrested for Reporting Police Brutality

Several other non-fatal incidents are also featured in the movie, including an unarmed and innocent man who was shot at a local 7-11 after he was mistook for a murder suspect and a man who used a hidden GoPro camera to film himself being assaulted and falsely arrested by a “saturation team” after he refused to provide ID as a passenger at a traffic stop (which he legally was not required to do). The video in the latter case also captured audio and video of those officers stating as they searched his car that they “had to find something” to justify his arrest, after the fact.

The other incident featured within the movie is director Ramsey Denison’s own arrest by Las Vegas Police Officers Mark Belanger, Kyle Frett, and Jared Casper. While on vacation in Vegas, Ramsey saw those three officers both verbally and physically abusing a man they had already taken into custody and successfully handcuffed.

Not having seen that type of behavior from cops before and having a positive opinion of the police from working on “true-crime” shows as a film editor in Los Angeles, Denison made the rookie mistake of calling 911 and reporting the officers. The 911 operator responded by calling Belanger, Frett, and Casper to let them know someone had called to report misconduct by them. They then promptly came over and beat, then arrested, Denison.

Later, both the supervisor who had responded to Denison’s 911 complaint and the Internal Affairs “investigators” rubber stamped their approval of his treatment by the trio of Metro officers. Also not terribly surprisingly, he was later told that none of the cameras at the club where his assault took place were turned on that night, effectively precluding him from being able to file a lawsuit to attain some sort of justice. That, along with his experience in the jail and during court, prompted Denison to begin looking into the history of the Las Vegas Metropolitan Police Department and eventually to make “What Happened in Vegas.

Shining a Light on the Darkness within the LVMPD

Ramsey contacted me a couple months after his arrest, which was also not long after I and several other members of Nevada Cop Block were arrested for the ridiculous charge of graffiti (and even more ridiculous “conspiracy” charges) for writing with chalk on public sidewalks during protests over the murder of Stanley Gibson, whom I was friends with in high school, and Metro’s many other victims, including Erik Scott and Trevon Cole.

After meeting with him and getting the feeling that he was genuine in his intentions, I agreed on doing an interview, much of which was included in the movie. Also, while I was limited on what I could discuss about our arrests for chalking, due to lawsuits we had filed (which are still active to this day) as a result, that is discussed in general terms within the film. In addition, several scenes shot of me chalking were included in the movie.

Due to the connections I had built working with Nevada Cop Block and during those demonstrations, I was able to point Denison toward several people within Las Vegas that I felt would potentially be helpful, including some who knew or were related to Erik Scott, Trevon Cole, and Stanley Gibson. I’m happy to say that Ramsey did a great job of seeking those people out, building trust with them, and presenting them in a convincing, professional, and impactful way within the movie.

He also did a great job of researching the background of those featured in the movie and portraying them as real people, as well as separating their true characters from the smear campaigns that the LVMPD uses to deflect blame from the department after they kill someone. What Happened in Vegas does a very equitable job of showing who Scott, Cole, and Gibson were and the impact their murders had on those they left behind.

I was fortunate to be able to attend the movie’s premier screenings at the Cinequest Film Festival last week and it turned out as good as I could have ever expected, if not better. Audiences, as well as critics, attending those screenings were very responsive and positive about the movie. I very much appreciate the work that Ramsey and his crew did both in making a great movie and shining a light on the Las Vegas Metropolitan Police Department that I expect will not go unnoticed and that was much overdue.

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False Imprisonment: Its Increasing Frequency and the Huge Cost It Imposes on Society

The following post was shared with the CopBlock Network anonymously by a reader, via the CopBlock.org Submissions Page.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Police Abuses on the Rise

It’s no secret that police brutality and misconduct has been on the rise recently with cases in the news like Eric Garner who was suffocated in a choke hold by police and killed for illegally selling cigarettes. Similarly, a 12-year-old boy Tamir Rice was shot and killed after playing with a toy gun in the park. The level of uneasiness between police officers and citizens has hit an all-time high and we see this unrest play out in society. Police brutality is not the only form of police misconduct- false arrest of citizens can be an excruciating experience that sends innocent people to prison for simply being in the wrong place at the wrong time.

For example, Chicago’s taxpayers have had to pay over $120 million for the racial torture committed by one police commander, Jon Burge. Part of the disconnect between officers and citizens is the unfairness in power and how that power is used. To add on to this, police are offered different treatment when it comes to false arrests or misconduct. Although Burge oversaw the torture of over 118 black men – which would typically lead to decades in prison – he was released in three-and-a-half years and sent to a halfway house. All the men he tortured remain behind bars.

Police officers were granted a Qualified Immunity Doctrine by the Supreme Court which essentially states that police officers are innocent of harm towards their suspects in most cases due to their risky and honorable line of work. The best intentions are seen to be associated with most police officers, but has that been the case recently?

Typically, false arrest from police officers falls into the police misconduct category, which can also encompass police brutality and wrongful death. According to the University of Michigan Law School’s National Registry of Exonerations report, 75% of homicide exonerations involved police misconduct. One widely publicized example of a wrongful arrest was James Bain, who was convicted of kidnapping and rape at the age of 18. He served 35 years for a vicious crime he did not commit. Although DNA evidence was tested and presented prior, he was refused further DNA testing from the courts until his fifth try in 2006. Although misidentification from eyewitnesses account for 75% of all convictions that are overturned by DNA evidence, Bain was wrongfully arrested and incarcerated by police.

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How Does False Imprisonment Affect the Public?

Some people may think that the police arrest people who they think are guilty of a crime, and if they are wrongfully arrested, they are quickly released and go about their happy lives. That is far from the truth in most cases where the arrest was outright wrong and unlawful. Many people who are falsely arrested fight back and sue the police officer who wronged them and because of this, the public is responsible for paying that fee.

Amount of Money City Taxpayers Have Paid for Police Misconduct:

  • Chicago: $521 million from 2004-2014
  • Cleveland: $8.2 million between 2004-2014
  • Denver: $12 million since 2011
  • Dallas: $6.6 million between 2011-2014
  • Los Angeles: $101 million between 2002-2011

For example, Robert Graham was arrested for disorderly conduct by a police officer who was stuck in traffic behind him. Due to the gridlock traffic in New York City, Graham was also stuck in traffic and unable to move. The police officers wrongfully arrested Graham due to the circumstances of the situation. Graham’s wrongfully arrested cases was one of the ones that contributed to New York taxpayers paying $18 million to pay back people who were wrongfully arrested by officers.

According to Jon Norinsberg, a false imprisonment attorney, New York city police may only legally arrest citizens if:

  1. The police have an arrest warrant.
  2. The police have probable cause that you committed a crime.
  3. You are interfering with a police investigation or arrest.
  4. The police believe you are a criminal attempting to flee a crime scene.

Why are Police Officers Getting Away with False Imprisonment?

The number of innocent people behind bars is the highest number it has ever been historically, so it is only natural to question the source – the police. Why has it become okay to so quickly convict people and rarely face punishment as a police officer for wrongfully arresting someone? The issue gets stickier when videos of police officers using excessive force and even killing citizens when they appeared to pose no threat. Are there consequences for that? Rarely.

Unfortunately, false arrests happen and can be scary to argue your case in front of a judge – especially because police are most often shielded by the Qualified Immunity Doctrine exercised by the Supreme Court. This is a protective order that is designed to protect police officers from facing punishments from their mistakes or unlawful actions. In theory, this Qualified Immunity Doctrine was originally designed to shield officers who are properly bringing justice to criminals and who handle situations appropriately – if someone is upset for getting arrested if they deserve it, well this doctrine will protect the police from this potential complaint or lawsuit. Since videos have been released of police officers using unnecessary excessive force on unarmed people, citizens are growing scared that officers are abusing this immunity from the Supreme Court to get away with their unjust behavior. This is where a disconnect lies between police officers and citizens.

Where is the Accountability From the Police?

Why is it that as a society we only started paying attention to police misconduct and false arrests when Netflix featured programs like Making a Murderer?

Police officers are designed to keep our communities safe. While most cops are heroes and upstanding citizens who work hard to protect our safety, those who entered the police force to unlawfully assert power over others and take advantage of their badge are getting more press in recent news. Although it’s an unfortunate circumstance, it is important to stay educated on what is happening in society to better educate yourself and to hopefully make a positive change.

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Protests in Anaheim After Incident in Which Off Duty Police Officer Shot Gun During Dispute with Young Teens

A dispute on Tuesday that apparently started when off-duty cop Kevin J. Ferguson became angry at a group of teens whom he had previously told to stay off his lawn has since escalated into full protests in and around Anaheim, California. That initial confrontation involving junior high school students (video embedded below) eventually culminated with that off-duty LAPD officer pulling out his gun as other students attempted to push him off a student, who has since been identified as Christian Dorscht. Dorscht, who is fourteen years old, was reportedly verbally defending a female student that the officer had cursed at and possibly also physically grabbed.

Shortly after he had pulled his gun out the officer accidentally discharged the weapon. Although, no-one was hit by that bullet, for obvious reasons, it created a panic amongst the teens, most of whom immediately ran away. Dorscht was handcuffed and taken away by on-duty cops that arrived soon after. He was, however, released the next day after being charged with battery and making criminal threats. An unnamed 15 year old was arrested for undisclosed charges, as well.

One of the contentions from the LAPD is that the officer involved thought he heard Dorscht say, “I’m going to shoot you,” which is what prompted him to pull his gun. The boys parents dispute that account and maintain that their son had said, “I’m going to sue you.” Dorscht’s parents and his stepfather, who is also a cop, have stated that they in fact do intend to sue over the incident.

Meanwhile, hundreds of people took to the streets last night and into the early hours of this morning in response once the video was made public on social media. As many as 300 people protested the officer’s actions and demanded that he be arrested. Those being interviewed by a local news station expressed anger that a grown man would feel the need to fight with children over them walking on a lawn and especially that he would pull his gun against junior high students.

Eventually, those protests relocated to in front of the officer’s home. The protests got decidedly more rowdy at that point, with some people pounding on his garage door and yelling chants such as “No justice – no peace,” “Killer cops, off our streets!” “Don’t shoot our kids!” and someone painting “Fuck Pigs” on a garage door. Within an hour or so, police in riot gear arrived and stood between the crowd and the officer’s house, prompting them to move down the street away from the house. According to police, 24 people, including six underage kids were arrested for misdemeanors including failure to disperse, resisting arrest, and battery on a peace officer during the protests.

Below are Videos and Social Media Posts of the Protests

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