25 January 2021

Follow-Up To A Post Last Week > Re: Maricopa County Attorney Office

If you don't know what that post was from last week, you can always use the Searchbox on this blog to look it up ...
A review of comments on Techdirt about their original report on disproportionate response was selected as The Editor's Choice for most insightful comment (The major damage came after the arrests, when prosecutors added felony gang charges>)
there were 21 comments included in the original post that ends with this statement:
". . .There's nothing in here that's going to close the divide between these public servants and the people they serve. This is Maricopa law enforcement showing residents they're exactly who the residents thought they were: petty, vindictive people with far too much power."
Funniest/Most Insightful Comments Of The Week At Techdirt

from the chat-room dept

In Maricopa County, 15 people who attended a Black Lives Matter protest where traffic cones were knocked down are being charged with rioting, aggravated assault, and assisting in a criminal street gang, all serious felonies that could land them in prison for decades. The gang charges are based only on the fact that the group carried umbrellas, wore black, and used the phrase “all cops are bastards.” The 15 Black Lives Matter protesters were forcibly arrested on the night of the protest. One was shot with pepper bullets; another spent two weeks in jail.

The 15 protesters are facing serious consequences. They now have an arrest for serious felonies on their records. They’re living with the specter of prison hanging over them. Some are spending money on lawyers to fight the charges. They could spend years in prison and could suffer all the collateral consequences of having a criminal record, which makes it harder to obtain jobs, housing, and some government assistance. And if convicted of a felony, they would lose the ability to vote.

“It’s outrageous,” said Paul Gattone, an attorney for three of the protesters. “I was shocked when I came on the case and saw they had charged them with organized street gang activity. They are trying to say that ACAB is an organization like the Crips and the Bloods, that they have an organization and they’re prone to violence. This is not an organization. These are just individuals that came together to protest.”

It's hard to come away with any other realization than public safety isn't likely the driving principle of policing in America.Jared Keenan, ACLU

But when a large group of armed far-right protesters descended upon the Maricopa County Elections Office night after night in November to “stop the steal,” the police presence was noticeably less intense. No tear gas was deployed and no arrests were made. The group included Infowars host Alex Jones, U.S. Representative Paul Gosar of Arizona, and Jake Angeli, who was seen wearing a fur hat, horns, and no shirt during the storming of the Capitol that resulted in the deaths of five people. Angeli, whose real name is Jacob Anthony Chansley, has since been arrested and faces unlawful entry and disorderly conduct charges.

“Throughout the summer and into more recent anti-lockdown and election protests,” said Jared Keenan, senior staff attorney with the ACLU of Arizona, “it became shockingly clear that the Maricopa County Attorney’s Office and the police are going to take two different approaches to protesters that they view as their political enemies and those who they have sympathy toward.”

It’s a pattern that has played out across the country. . .

“In Phoenix, local police muster overwhelming numbers to quash Black assembly, censor Black activism, and criminalize Black leaders with mere hours of notice before a peaceful protest,” said Lola N’sangou, executive director of Mass Liberation Arizona. “But in D.C., with weeks to prepare, local police sat idly by as the violent crowd scaled walls to occupy the Capitol building.”

Eventually, police officers donning helmets and bulletproof vests closed in on the group. With a weapon drawn, an officer told them to get on the ground, which they did. Police ripped away the umbrellas. Dozens of officers surrounded the protesters, video footage shows. Police handcuffed the kneeling protesters, yanked them to their feet, and put them in the back of cruisers. Police used pepper bullets on at least one of the protesters.

In arrest forms, police officers said the protesters belonged to “a group known as ACAB All Cops Are Bastards.” Police said some of the group members threw smoke devices. They submitted charges for felony aggravated assault on a police officer (one protester allegedly dug his nails into one officer’s left thumb while being arrested), obstructing a public thoroughfare, hindering prosecution, unlawful assembly, and rioting.

The case was assigned to the first responder bureau, which was established by Maricopa County Attorney Allister Adel after she took office and handles crimes against first responders. . .  The lead prosecutor on the case, April Sponsel, is married to an Arizona state trooper. Sponsel brought gang charges against the protesters, in addition to many of the charges submitted by police.

Last month, Sponsel filed motions to allege at least six aggravating circumstances against the protesters, which enhances the criminal penalties the protesters will face if convicted. Prosecutors allege that the protesters committed offenses that “involved the infliction or threatened infliction of serious injury,” involved the use or possession of a deadly weapon, “specifically umbrella and/or smoke bombs,” and wore a mask during the offense.

...“While some will attempt to describe these defendants as ‘protestors,’ a grand jury found probable cause to charge this group with crimes, including the planning of violence,” the MCAO said. “As County Attorney Adel has publicly stated numerous times, MCAO is committed to protecting the safety of everyone in this community, law enforcement and demonstrators alike.”

...“Overall, when you look at the way police and prosecutors have reacted to people protesting government killing of black and brown people—the mob was not treated by police the same way at that time,” said Jared Keenan with the ACLU.

“It’s hard to come away with any other realization than public safety isn’t likely the driving principle of policing in America.” 

 

 

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