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Posts from March 2008

Rapists on patrol (#2)

Rapist on patrol: Officer David Alex Park

(Story via smally.)

Last month, in Irvine, California, Officer David Alex Park, stalker and rapist, was acquitted by a jury of eleven men and one woman. He was acquitted, not because he is anything other than a stalker and a rapist–which he as much as admitted in open court, and which was proven well enough anyway by phone records, license plate requests, and DNA evidence. He was acquitted because he is a cop, and the woman that he harassed and sexually extorted danced at a strip club, and so the jury concluded that she made him do it, and besides, if she strips for a living, she must have been asking for it anyway.

You might think that I am exaggerating the defense’s position for polemical effect. No, I’m not. Here’s defense attorney Jim Stokke: She got what she wanted, … She's an overtly sexual person. And in cross-examination of Lucy, the survivor: You do the dancing to get men to do what you what them to do, … And the same thing happened out there on that highway [in Laguna Beach]. You wanted [Park] to take some sex!

Back in the real world, outside of Jim Stokke’s and Officer David Alex Park’s pornographic power-trip succubus fantasies, what actually happened is that a professional cop, while armed and on patrol, used the extensive arbitrary powers that the law grants to police in order to get personal records on several different women at the strip club, picked out the one he liked the best, followed her, waited for the first excuse to use his legally-backed coercive power against her, used the power of his badge and gun to force her to pull over, used that same power to bring her under his custody and keep her there against her will, threatened her with arrest and jail, and then forced her into sex against her will. He didn’t give a damn about what she wanted because she’s just a woman, and an overtly sexual one at that. And he could force what he wanted on her because he’s a cop–so he has the power to restrain and threaten her–and she’s a stripper–so he had every reason to believe that a jury would give him every possible (and some impossible) benefit of the doubt, while they treated her bodily integrity and her consent as worth less than nothing, and blamed her for anything that happened to her, anyway. As, in fact, they did.

As I said about a case with several male cops in San Antonio back in December:

What as at stake here has a lot to do with the individual crimes of three cops, and it’s good to know that the police department is taking that very seriously. But while excoriating these three cops for their personal wickedness, this kind of approach also marginalizes and dismisses any attempt at a serious discussion of the institutional context that made these crimes possible — the fact that each of these three men worked out of the same office on the same shift, the way that policing is organized, the internal culture of their own office and of the police department as a whole, and the way that the so-called criminal justice system gives cops immense power over, and minimal accountability towards, the people that they are professedly trying to protect. It strains belief to claim that when a rape gang is being run out of one shift at a single police station, there’s not something deeply and systematically wrong with that station. If it weren’t for the routine power of well-armed cops in uniform, it would have been much harder for Victor Gonzales, Anthony Munoz, or Raymond Ramos to force their victims into their custody or to credibly threaten them in order to extort sex. If it weren’t for the regime of State violence that late-night patrol officers exercise, as part and parcel of their legal duties, against women in prostitution, it would have been that much harder for Gonzales and Munoz to imagine that they could use their patrol as an opportunity to stalk young women, or to then try to make their victim complicit in the rape by forcing her to pretend that the rape was in fact consensual sex for money. And if it weren’t for the way in which they can all too often rely on buddies in the precinct or elsewhere in the force to back them up, no matter how egregiously violent they may be, it would have been much harder for any of them to believe that they were entitled to, or could get away with, sexually torturing women while on patrol, while in full uniform, using their coercive power as cops.

A serious effort to respond to these crimes doesn’t just require individual blame or personal accountability — although it certainly does require that. It also requires a demand for fundamental institutional and legal reform. If police serve a valuable social function, then they can serve it without paramilitary forms of organization, without special legal privileges to order peaceful people around and force innocent people into custody, and without government entitlements to use all kinds of violence without any accountability to their victims. What we have now is not civil policing, but rather a bunch of heavily armed, violently macho, institutionally privileged gangsters in blue.

— GT 2007-12-21: Rapists on patrol

In Irvine, the same thing is happening all over again–just another Bad Apple causing Yet Another Isolated Incident. Except that in Irvine, the legal system has not even gone so far as to get to the part about individual blame and personal accountability. Overt misogyny against women who dare ever to be overtly sexual, combined with overt authoritarianism in favor of any controlling macho creep with a badge and a gun and a pocketful of wet dreams, have combined to get this admitted sexual predator completely off the hook, and leave all of his old buddies back at the department free to stalk, harass, extort and rape suspect women, with every expectation of more or less complete impunity for their actions.

Christ, but there are days when I hate being proven right about the things I write about.

Further reading:

The purpose of government schools is to train your children to love the government.

And if you don’t like the training that the government is giving them, you can go to prison.

A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution.

… The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential.

… The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home.

California courts have held that … parents do not have a constitutional right to homeschool their children, Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. Parents have a legal duty to see to their children’s schooling under the provisions of these laws.

Parents can be criminally prosecuted for failing to comply, Croskey said.

A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare, the judge wrote, quoting from a 1961 case on a similar issue.

— Bob Egelko and Jill Tucker, San Francisco Chronicle (2008-03-07): Homeschoolers’ setback sends shock waves through state

I suspect that if I knew the people involved in this case, I would have no particular sympathy for Philip Long, who came under the court’s scrutiny in the first place because one of his own children filed a complaint for child abuse and neglect.

If that individual child wants out of the Longs’ homeschooling, or for that matter wants out of the Longs’ home entirely, she or he should be able to get out, without any danger of being locked up, forcibly returned under the state’s Fugitive Child Laws, or getting beaten up by angry adults. Currently, children in the state of California don’t have that freedom. But the right way to address whatever abuse or neglect there may be in the Long family is precisely to recognize and respect that freedom for each individual child, rather than by forcing the parents to place all their children, regardless of what those individual children may want, under the surveillance, supervision, and power of even more adults — government-approved teachers, social workers, and other professional busybodies — with nothing better to recommend them than political connections and a sanctimonious sense of entitlement.

And the solution is certainly not to issue a general ruling claiming that the government has any business at all making sure that all children are indoctrinated to the fullest extent of the law in the government’s own ideas of patriotism and loyalty to the state and the nation. Using the threat of fines and prison in order to force all parents and all children, no matter what their family situation, to participate in a system of government-approved institutionalized schooling, explicitly for the propaganda purpose of training school children to love and serve the existing régime, is a case study in the most vile sort of authoritarian government.

(Via Dan Clore @ LeftLibertarian 2.)

Further reading:

State’s-Eye View

So, Carla Howell got another voter referendum on the ballot in Massachusetts to completely repeal the state’s personal income tax. The last one, in 2002, was defeated, but with a remarkably high Yes vote (55% No-45% Yes). Voter polls show that this year’s ballot issue currently has only about 45% of the voters in the state against it, and about the same number for it, with the deciding margin still undecided.

Howell is spearheading the campaign on behalf of a ballot initiative that would cut the state income tax, currently at 5.3 percent, to 2.65 percent in 2009 and then do away with it entirely the next year.

Howell claims that eliminating the income tax would put an average of $3,600 in the pocket of every taxpayer, every year. … If the income tax is eliminated, the overall state budget, totaling $26.8 billion this fiscal year, would be cut by about 40 percent—reducing it to $17 billion, or what the state government ran on in 1995, according to Howell.

— Gabrielle Gurley, CommonWealth (Winter 2008): Voters get another shot at erasing the state income tax

Let’s watch how Michael J. Widmer, who spent at least ten years of his life drawing a tax-funded salary from the Massachusetts state government and now presides over the tax-exempt Massachusetts Taxpayers’ Foundation, reacts:

The president of the Massachusetts Taxpayers Foundation, who single-handedly led the charge against the first repeal effort and debated Howell several times, plans on building a coalition of groups to oppose the question this year. … Since the question did so well the last time, Widmer isn't surprised to see that it's bounced back. But Widmer argues that Massachusetts can ill afford to see $12 billion in fiscal 2009 revenues disappear into thin air.

— Gabrielle Gurley, CommonWealth (Winter 2008): Voters get another shot at erasing the state income tax

Please keep in mind that, in the minds of people like Michael Widmer, the Massachusetts state government, and most of the professional blowhards who report and comment on their views, if the government doesn’t take $3,600 a year out of a worker’s paycheck, that money just vanishes into thin air.

You might have thought that money not taken out of your paycheck actually just goes to somebody other than who the government says it must go to — that is, first to the worker herself, and then, secondarily, toward whatever needs projects that worker may have, like her or her children’s education, retirement savings, healthcare, food, rent…. But from the state’s-eye view, those little projects of hers are worth nothing or less; unless that money passes through the hands of political appropriators and government bureaucrats, it may as well not exist, and it’s surely never going to do a lick of good for anybody or anything that counts (in the reckoning of the state).

If nobody is in charge of distributing all the food, how will Paris ever get fed?

In Their Own Words: “Just following orders” edition

Trigger warning. The following video of a local news story may be triggering for experiences of sexual assault.

Stark County Sheriff Timothy A. Swanson:

Will a local television channel try to defame the Stark County Sheriff's Office over yet another story? Swanson said in a prepared statement Monday. Will the truth be told to the citizens or is there just a sensationalist aspect trying to be conveyed while creating another story?

With the media, there has been a lot of misinformation, Swanson said. We follow all guidelines by the Bureau of Adult Detention to avoid such actions and we following them to the tee.

… Swanson contends that his deputies followed procedures when handling Steffey.

Each individual knows how difficult it was getting into the profession and the difficulty meeting the requirements set forth day to day in their chosen careers, the release said. They constantly meet the required training, refresh themselves on changing laws, complete any and all mandated requirements placed on them by either the Federal, State or their own agency.

Swanson said there may have been 20 or 30 incidents like Steffey's in the last 16 months, with people in jail who appear to be unstable.

In those situations, they are people who are not taking care of themselves and in those instances we have to take action, he said.

(For those that watched) the video, (the deputies) acted in accordance to our policies and procedures, he said, and I'm sorry that they have to go through such (a hassle) with the media and be ridiculed for something that they did exactly the way that they are supposed to do it.

— Stark County Sheriff Tim Swanson, quoted by Michael Freeze, for the Massillon, Ohio Independent (2008-03-07): Sheriff's department denies wrongdoing in strip-search case

Further reading:

When you reach the bottom of the barrel, start digging.

From the Opelika-Auburn News (2008-03-07):

Westboro Baptist Church, a group known for protesting and picketing funerals and memorials of fallen soldiers, is planning to picket at the Sunday afternoon funeral of 18-year-old Auburn freshman Lauren Burk, according to the group's Web site. Burk was killed Tuesday night. Police are investigating her death as a murder.

Westboro Baptist Church, established in 1955, is an Kansas-based organization lead by Pastor Fred Phelps.

The group is also planning to picket the funeral of Eve Carson, UNC student body president who was killed Wednesday morning.

Both funerals are listed on the WBC site's online picket schedule for Sunday.

First the Phelpses came to picket the funerals of men murdered by gay-bashers.

Then they came to picket the funerals of AIDS patients.

Then they came to picket the funerals of soldiers killed in combat.

And now, having given up any pretense of having a particular target other than humanity and simple decency, they’re just showing up to any old random funeral, so long as they know that the news media will be in the area.

What they are doing now is no more, and no less, evil than what they did to Matthew Shepard’s family. I would say that the cruelty here is more bizarre, but it’s not, really, when you understand some basic facts about the Phelpses. They have shown repeatedly, by their words and their deeds, that they thrive on being hated and provoking reaction. There is literally nothing at all that is beneath them, as long as it gets their names and their websites in the news yet again. And it will.

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