• At-large member of the Houston city council Michael Berry tagged along with the HPD on the Friday night "practice" raid at James Coney Island. His reasons for not coming forward until a week later, and for not complaining about HPD''s blatantly illegal behavior ranges from

  "But looking at what I knew and when I knew it, I was trying to understand police techniques," Berry said Friday. "I didn't know that's not what is done every time. I just didn't know that."

  to

  I was trying to get an idea on that because if I'm ever put in a position as mayor to make the decision on whether to fire the guy who called the command[.]

  Well, Mr. Berry, I see little threat of that need ever arising.

  Asked whether he would discipline Aguirre or others in the Houston Police Department if he were mayor now, Berry responded, "It's an HPD question. They know the rules."

  The question, Mr. Berry, is not whether or not they know the rules; The question is whether or not HPD followed the rules.

  Berry chalked it up to a learning experience.

  The lesson: Tagging along for an illegal police raid is fun, until people find out that you were there.

  "A lot of people can sit in their office on Monday morning and quarterback and say it shouldn't be done," Berry said. "But they don't know how we catch criminals, and I was out there getting my hands dirty trying to learn."

  We?

  WE!?

  He is actually associating himself with the officers that conducted the MACFU.

  Idiot.

  HPD did not catch any criminals that night. HPD manufactured criminals.

  Berry said that despite the large number of arrests, police were not abusive or overbearing at the James Coney Island bust.

  "They treated people fairly," he said. "There was a woman with a baby; they let her go."

  Sure, they may have let her go, but what about the 25 people they did arrest?

  Idiot.

• The ACLU (or at least the TCLU, if there is such a thing), is going to file suit on behalf of all those wrongfully arrested.

# posted by The Comedian @ 1:49 PM 0 comments

Police Pepper Spray Bush Protesters

About a dozen protesters dotted Bush's motorcade route. Some waved signs saying, "No attack of Iraq. You can't fix Daddy's mistake" and "More forests, less Bush."

The demonstrators along the route were far outnumbered by people waiting at the ends of their driveways who held signs saying "We love you" and "We support you."

# posted by The Comedian @ 8:09 AM 0 comments

Houston Police Officers, using city money, put up NO TRESPASSING signs in order to carry out parking lot raid.

Police supervisors, from sergeants up to an assistant chief, have received notices that they're under internal investigation, possibly facing a reprimand or suspension.
...
But LaFon said that supervisors and any street officers, who arrested innocent people, could face charges, even if they were just following orders to arrest everyone.

"I would expect that any officer being given an order that's a clear violation of the law would not carry out that, and identify it as such," LaFon said.

News2Houston Investigators said that HPD is not answering their questions about whether department money was used to purchase the signs.

Hmmm, "just following orders." Now where have I heard that before?

# posted by The Comedian @ 12:47 AM 0 comments

Sonic officials said Thursday that they never complained to police about the regular weekend crowd, had no warning of the raid and ordered employees to protect customers as the operation began.

Dismayed Sonic employees refused to allow police to tow 12 cars that the arrested customers were forced to leave in the lot.

"We wanted the opportunity for our customers to come get their cars without paying towing charges," said Celina Abernathy, a Sonic spokeswoman. Such charges can exceed $100. "Obviously we don't want our customers arrested. That is just common sense."

Sonic has never warned trespassers, filed complaints or signed paperwork to allow police to make arrests under the city trespassing ordinance, Abernathy said. Kmart officials have declined to explain the steps they took before the arrests.

# posted by The Comedian @ 12:41 AM 0 comments

"I'm almost gone. I'm gonna finish the year and that will be it," he [Aguirre] says. "It's gotten to be too much. I don't see staying in a profession that does not reward excellence. If they're going to mess with you and make it intolerable to do what you have to do, why stay? I'll go to the private sector, where you're rewarded commensurate with your effort.

"I love doing this, but at what health cost to me? I'm the only one rowing the boat here. I've only got one oar, and I'm going around in circles."

Some will be sorry to see him go. "Captain Aguirre, whether he stays in office or whatever road he takes, he's delivered something to this city that will never be forgotten," says Second Ward activist Cortinas.

# posted by The Comedian @ 6:36 PM 0 comments

HPD Arrest Coney Island Patrons

I find it amazing how HPD comes into a private establishment and property and charges dozens of people with " trespassing " for eating hot dogs at James Coney Island this past friday night because they rode up on a Motorcycle. Houston's finest, arrested people who had not been drinking or doing drugs, or hurting anyone ,but rode a Motorcycle to meet their friends on friday night and have dinner with them and talk about their bikes ! This has gone on at JCI since 1985. Now it is a crime to ride your bike to the Hot Dog Stand on friday and meet for dinner ? The lawsuits have just begun. Thanks HPD for reminding me on what a great job you do !

Now I know where the term " PIG " came from .

I was up at JCI friday night but left early, and then saturday night people were saying around 12:30 the cops came and arrested EVERYONE, including people inside eating, people in cars, etc. Multiple bus loads. Everyone charged with trespassing. The lady I spoke to said she pled guilty and paid a $400 court cost, and charges were dropped, but that if she DIDN'T plead guilty she would be held till Monday when she could go to court.

Aparently the manager was instructed to file the complaint by top management of JCI. He aparently did not want to do so, as we have been coming there for 10 years and he makes like $10,000 per month off the extra traffic.

What's the real story here? The trick riders * the police off and they put pressure on JCI management to file the charges?

Sounds like only our SS Police benefitted from this, to the tune of $120,000 in court costs!

# posted by The Comedian @ 1:41 AM 0 comments

"We signed a trespass affidavit that said `James Coney Island requests on our behalf that the Houston Police Department requests all persons who are not patrons in the normal course of business to immediately leave the property or be arrested,' " Straughan said, quoting the agreement.

But no one had the opportunity to "immediately leave," Straughan said.

"From what we have learned, nobody that HPD arrested was asked whether they were there as a customer," he said. The police "just showed up, blocked off entrances, and arrested everybody."

Straughan declined to comment on Aguirre, but he said the company plans to file a complaint with the Police Department. Officials with Kmart did not respond to calls for comment.

Mayor Lee Brown said he has asked the city's Office of Inspector General to speed up its investigation.

[Continuing thanks to niki for excellent coverage on this story.]

# posted by The Comedian @ 1:30 AM 0 comments

How passengers will be affected:

• Continental will charge $80 for a third piece of checked luggage. Delta, which just announced a similar policy, plans to charge $40 for the third checked bag. [Losing luggage will still be provided at no additional charge.]
• Charges for items that were previously free to Continental's low-fare customers will be disclosed over the next three weeks. Food and beverages aren't likely to be included. [Phew!]
• Paper tickets will cost $20 on Continental, the same amount other airlines have started charging. [I'm sure they meant to say "$20 more than e-tickets," otherwise this will be a pretty good fare sale.]
• Continental vows rigid enforcement of excess baggage charges and change fees.[No word on charges for excess-size passengers.]

Delta says it will no longer bend rules when it comes to refunding non-refundable tickets, waiving minimum-stay requirements or advance-purchase periods.

# posted by The Comedian @ 8:24 AM 0 comments

The decisions made by the captain in charge of the controversial operation are being questioned by internal affairs. On Tuesday, the police union held a press conference to talk about the incident.
...
He's [the Chief's] conducting an investigation to determine what happened," said Mayor Lee Brown. "He's expressed pretty clearly the answers he wants. Why did this happen? Why was this particular captain in charge? It's not his area. Why he, being the chief, wasn't notified."

Those questions, according to the police union, should have been answered long before Operation Erasure's first arrest. The union will provide attorneys for the more than 50 officers who were at the scene to protect those officers during the investigation.

"I would imagine that the city's position will be on hunkering down to limit their liability," said Marticuic. "As the union, our position would be to represent these officers that are out there trying to do their jobs, being ordered to do their jobs in such a manner."

District Attorney Chuck Rosenthal's office is listening to complaints about what happened this weekend, but stopped short of saying there was an investigation. According to the union, decisions to make arrests generally don't come from captains on the scene. They say they generally come from a bit higher up in the police department hierarchy.

# posted by The Comedian @ 3:04 AM 0 comments

I wonder if they will be fired instead of the officer that gave the orders?

[And a thanks to Professor Reynolds for sending this pitiful blog over a thousand hits yesterday.]

# posted by The Comedian @ 2:56 AM 0 comments

UPDATE: 8/21/2002 I saw the sherriff whose deputy made this arrest on GMA this morning. Apparently the emergency room workers who saw the kids didn't think the burns were that bad. The sherriff, however, defended the actions saying that his department had to "protect our kids" by "sending a wake-up call to the mother" because "social services is always dropping the ball". He further added that his department would continue to do whatever it took to protect OUR kids.

Silly me, I always thought that kids belonged to their parents, not to the government. Except in Cuba.

# posted by The Comedian @ 7:47 PM 0 comments

Word I have and is unoffical at this point. But apperently our alustirous Mayor has taken upon himslef with no legal backing of any kind and assembled a task force to arrest any sport bike riders hanging out in groups. This is reguardless of where they are or what they are doing. And any bystander around where they are will be arrested as well. This is far more gestapo thenn when they arrrest drag racers and any watching. At least there there is some probably cause. But for the sport bike riders they will be arrested in the absence of commiting any chrime. Thay are bering arrested for no more then owning a sport bike. The people arrested at JCI were arrested for tresspassing, yet they were in the establishment eating food purchased there at the time of thier arrest. So how they justified tresspassing is unknown.

# posted by The Comedian @ 6:46 PM 0 comments

Mohamed el-Atriss [picture], the Egyptian wanted for allegedly providing false papers to some 9/11 hijackers, was arrested upon his return from Egypt.

# posted by The Comedian @ 1:01 PM 0 comments

Indiana University was crowned the nation's No. 1 "party school" Monday in an annual Princeton Review survey that school leaders and medical experts derided as irresponsible and unscientific.
...
The American Medical Association has repeatedly criticized the "party school" rankings, saying they irresponsibly legitimize high-risk drinking and portray alcohol as central to college life.

On Monday, Richard Yoast of the AMA's Office of Alcohol and Other Drug Abuse called the survey "a marketing gimmick" and said it does a disservice to quality universities.

# posted by The Comedian @ 12:44 PM 0 comments

Understatement to say Kmart raid was badly handled

There must be a number of different ways police could have handled complaints they received about drag-racing around west Houston neighborhoods and teenagers loitering in a nearby Kmart parking lot. Houston police officers apparently chose the second worst way of dealing with the situation -- short of actually firing upon the several hundred young people congregating in the parking lot of the huge variety store.

Not long after midnight Saturday night, scores of police officers swarmed over the Kmart parking lot in the 8400 block of Westheimer and arrested 278 people, most for criminal trespassing, which is a misdemeanor. Apparently, the officers had been instructed to target drag racers who had been annoying area residents and business owners. When none was found, it seems that the captain in charge ordered officers to place everyone on the scene under arrest. A number of cars were towed.

Sure, there were probably scads of kids who were hanging out in front of the 24-hour shopping center, some playing loud music or perhaps engaging in underage drinking or drug use. The store reportedly is a social mecca for young people looking to see and be seen late at night.

But the police should have given everyone an opportunity to leave of their own accord along with a warning that they'd be arrested if they did not promptly comply. They could have arrested those they saw engaged in obvious illegal activity.

What they did rather -- given several reports that share the ring of truth -- was to round up young people indiscriminately, including shoppers who happened out of the store at the wrong time, patrons of a nearby hamburger joint and at least one 10-year-old girl who became separated from her father in the law enforcement-induced melee. All were restrained in plastic handcuffs, forced to spend the night in jail or juvenile detention and post hundreds of dollars in bail.

Houston police can expect a slew of complaints from angry parents and young adults caught up in the poorly executed raid. The cost of any lawsuits filed will be borne by the innocent taxpayers. HPD owes them at least a pledge that this incident will be thoroughly investigated, as the police chief has called for. When completed, stern disciplinary action should be meted out -- to those who deserve it.

# posted by The Comedian @ 11:00 AM 0 comments

The officers said the captain in charge, Mark Aguirre, ordered them to round up everyone who was outside the 24-hour Kmart Super Center or eating at the Sonic Drive-in next door, even though they found no drag racers.

Police planned an operation to nab drag-racers hanging out in a K-mart parking lot. Apparently this has been getting out of hand, and the K-mart lot was the hanging out and staging point of many of these races. "Scores" of officers were participating, including 2 "sting" cars at the parking lot, driven by officers. The operation had been planned for months.

Police show up in force, but there is a slight problem; No one is drag racing. Frustrated at seeing the potential wasting of hundreds of hours of police time, Captain Mark Aguirre, "ordered them to round up everyone who was outside the 24-hour Kmart Super Center or eating at the Sonic Drive-in next door, even though they found no drag racers."

Hundreds of people, including many innocent bystanders were arrested for violating the Texas criminal trespass statute, and 42 minors were arrested for violating the city's midnight curfew law. There is a report that some of the minor's arrested for violating the curfew were out at the Sonic with their parents, but after being separated from their parents by police action, the minor(s) were taken to juvenile detention.

All in all, a grade one Cluster-Fuck.

# posted by The Comedian @ 10:52 AM 0 comments

Houston Police Chief C.O. Bradford ordered an investigation Monday into the weekend arrests of hundreds of people gathered peacefully at a westside parking lot by police who were assigned to stop illegal drag racing.

Officers on the scene called the arrests "utterly, utterly senseless" on Monday, and said the captain in charge, Mark Aguirre, ordered them to round up everyone who was outside the 24-hour Kmart Super Center or eating at the Sonic Drive-In next door.

The operation had been weeks in planning and involved dozens of officers. But officers involved said that when no drag racers were found, they were ordered to arrest the 278 people there.

[partial only, check link for complete text.]

(a) A person commits an offense if he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains in a building of another without effective consent and he:

          (1) had notice that the entry was forbidden; or
          (2) received notice to depart but failed to do so.

# posted by The Comedian @ 8:23 AM 0 comments

Air Marshals Disillusioned

Disillusioned air marshals are quitting their jobs amid charges the working conditions they endure are putting passengers at risk. A USA Today report paints a picture of poorly trained air marshals who stand out like sore thumbs because of the dress code enforced by the Transportation Security Administration (TSA).

"This used to be an elite, great group. This used to be the baddest people you could find -- war heroes," one marshal told the paper. "Now they've turned us into a laughing stock."

Since Sept. 11, sources said, hiring standards have been substantially reduced. According to the report, marshals no longer have to pass a difficult marksmanship course and some were hired and put into service without complete background checks. Sources told the paper that about 6,000 new marshals have been hired in the past year. Many of those allegedly complain of 16-hour days and that they don't get paid for more than 50 hours in week, regardless of how many hours they work. In addition to the resignations, the TSA has fired at least three marshals for indiscretions.

One smelled of alcohol while on duty, another accidentally fired his gun in a hotel and another forgot his gun in an airplane restroom. A passenger turned it over to the crew.

...Are we safe yet?

# posted by The Comedian @ 4:38 PM 0 comments

The prospect of long lines and finding space for the minivan-sized [bomb detection] machines in already cramped airports [Caution: Link is to a very large FAA document.] have led Congress to consider delaying the screening requirement by a year.

"I see disaster coming," said Bruce Baumgartner, aviation manager at Denver International Airport. "If it doesn't work and people are inconvenienced, people are going to stop flying."

Airports without enough of the explosive detection machines in place by year's end must check bags with smaller hand-held equipment that finds traces of explosives.

The trace detectors require more employees and take longer to examine luggage than the larger machines.

Without enough employees and equipment, passengers could face waits of three hours to have their baggage checked for explosives, said Kevin Cox, senior executive vice president at Dallas/Fort Worth Airport.

"It will be catastrophic," he said.

# posted by The Comedian @ 12:45 PM 0 comments

Me -- I'm all for juries having, and using this power. Too many damn things are illegal these days, and the jury box offers society its last peaceful method to avoid tyranny.

# posted by The Comedian @ 10:07 AM 0 comments

Halt in political ads sought as 9/11 anniversary nears

A top Democrat wants to halt campaign advertising during the week leading up to Sept. 11.

Sen. Patty Murray, D-Wash., the chair of the Democratic Senatorial Campaign Committee, proposed a five-day political advertising moratorium in a letter sent Friday to Sen. Bill Frist, R-Tenn., her counterpart at the National Republican Senatorial Committee.

DEMS ON POLITICIZING 9/11:
DO AS WE SAY, NOT AS WE DO

For 11 months, we have heard the caterwauling from Democrats about how Republicans should not use the 9/11 attacks for political purposes.

Yet now the New York State Democratic Committee will run a blatantly political ad on Sept. 10, ostensibly to preempt the camera-time certain Republicans may get on the 9/11 anniversary.

# posted by The Comedian @ 8:20 AM 0 comments

Dear God,

Please do not let Jeffrey go to law school. We like him just the way he is, properly full of both angst and whelm, at least according the dipsticks you installed at the factory.

Please give Jeffrey something, anything, really, to believe in enough so that he does not feel the need to squander the next three years of his life pursuing such an horrific goal.

Lord, as you and I both know, I have fulfilled my end of the deal we made while I was in law school. In case you do not remember the terms (Yeah, right, like you'd ever forget anything, other than my birthday, you old bastard, would it kill to send a stinking card) of our agreement, I quote the relevant paragraphs, to wit:

XXI - Apellant agrees to never practice law for money.

XXII - Apellant agrees to counsel every single one of his friends, acquanitences, employees, co-employees, bosses, spouse, children, strangers on the street, FRATERNITY BROTHERS, brokers, doctors, other service personnel and especially rabbits TO NEVER ATTEND LAW SCHOOL, UNLESS THEY ARE ABSOLUTELY CERTAIN OF THE POSITION IN WHICH THEY WILL UTILIZE THE SKILLS OF BEING A LAWYER, BEFORE COMMENCING THE APPLICATION PROCESS.

As you know, God, I have kept up my end of the bargain, the above provisions included. In return, I expect you to keep working on reducing the overall enrollment in U.S. law schools, to continue working on tort reforrm legislation, and, of course, to not retroactively fail me out of law school.

And, cochise, while you are at it, I fully expect you to stop sending my wife those dreams she continues to have about failing out of law school, especially now that she has been admitted to the bar of 2 states and D.C. for twice as long as it took her to get through law school.

So let it be written, so let it be done,

In your name,

Amen

# posted by The Comedian @ 11:03 PM 0 comments

The Daily Blah -- Blog of Time magazine's man in San Francisco.

# posted by The Comedian @ 10:29 PM 0 comments