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Indybay Feature

Pepper Spray Q-Tip Swabbing Case Back in Court

by media advisory
Jury selection starts April 12, 2005.
WHO:
Pepper Spray 8 vs. County of Humboldt et al.

The plaintiffs are eight forest activists who were engaged in demonstrations to save Headwaters Forest. They are represented by the civil rights legal team who won the 2002 Earth First! (Judi Bari and Darryl Cherney) vs. FBI and Oakland Police case, including Dennis Cunningham and J. Tony Serra.

WHAT:
Pepper Spray By Q-Tip Civil Rights Trial III


This civil rights trial will be heard again in federal court after two hold out jurors prevented a verdict in the September 2004 trial. At issue is whether police used excessive force when they forced pepper spray into the eyes of protesters staging a sit-in. The defendants are Humboldt County Sheriffs' Dept., Eureka Police Dept., the former Sheriff and current Sheriff of that county.

WHERE:
San Francisco, Federal Building, 450 Golden Gate Ave., S.F., Calif. Judge Susan Illston's court, 19th floor, room 10.


WHEN:
Tuesday, April 12, 8:30 a.m.
Jury selection is expected to take one day, with the trial opening on Wednesday April 13 at 8:30 a.m.

Background:
When police footage aired on national tv after the incidents in 1997, the horrified public saw officers force activists' heads back, pry open their eyes and precisely smear the burning chemical into their eyes. Most of the activists were young-some were first time protesters. Although the incidents drew international outrage and condemnation, state officials have codified the police tactic by incorporating these practices into guidelines for dealing with civil disobedience in California. Generally, pepper spray is recognized as a tool of last resort when suspects in custody are violent or out of control.

After the first trial in 1998 ended without a verdict, challenges at the state, appeals court and US Supreme Court level brought the case back to San Francisco before a new judge and jury on Sept. 7, 2004. That jury deadlocked 6-2 in favor of the activist plaintiffs, causing the judge to schedule a new trial.

###
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Comments (Hide Comments)
by Steve
The horse is dead. Beaten to death. Give it a REST.
by burning eyeballs
I agree. Humboldt County should stop spending so much money to defend torture on non-violent activists. The county and sheriffs should settle the case, appologize for being thugs for corporate profit, and promise not to take orders from Maxxam anymore.
by defense expert medical witness needed
The manufacturer of the pepper spray used on the activists is a corporation called Defense Technology. This product is distributed to police, prisons and other authoritarians globally. The product is marketed as safe, though this is far from the truth. People with asthma, heart problems and other health issues have died while in custody after being sprayed by Defense Technology's brand pepper spray..

The expert witness from the last trail was a Defense Tech employee and likely still recieving some compensation from his former employers. Without a medical witness to counter his testimony, the expert opinion that Defense Technology is a safe product went into the court's record unchallenged..

For all the people who died prematurely at the hands of police, military, etc. using Defense Technology brand pepper spray..

flood

please visit the website of Defense Technology and send them a few emails telling them how u feel;
by b
"People with asthma, heart problems and other health issues have died while in custody after being sprayed by Defense Technology's brand pepper spray.. "

Damn , You mean that if you inhale something that effects your respratory system, that it might cause an adverse reaction. Wow. Deep.

In that case, a small amount applied to the eye via Q-tip is the safest way to apply it. Or do you mean that the cops would not of had any of these problems if they stood back and applied it at the "required distance"?
by Let's try it on you
I'm sure that b, would find it a not so difficult experience to have P-spray applied to the eyeball. I, think that the police should learn their lession, and stop trying to say that torture of civilians is O.K.
by from q-tip application
According to "b", the q-tip method is the safest method of application..

This omits facts about the sensitive nature of the eye, especially the cornea and other glands that regulate blink reflex and tear ducts. Every time a speck of dust has flown in our eyes for the past 10,000 + years, our eyes had a blink/tear reflex that was synchronized to protect the sensitive cornea from abrasion..

The meibomian glands are one part of the eye functioning, they are located at the base of eyelash follicles and produce natural oils to coat the eyelash and prevent from drying out. The Humboldt Sheriffs swiped the q-tip soaked in pepper spray across the lower lid of the eye, where the meibomian glands and the glands of Zeis are located..

Defense Technology's oleocapsicum pepper spray contains an oil base that bonds with the natural oil coating the eyelash, right down to the follicle root. Washing with water will not remove the oil bonded to the eyelash..

This causes long term exposure of the meibomian glands and glands of Zeis to the strong irritant of the pepper spray with possible cell damage. This exposure could effect long term functioning such as blink reflex and continual moisturizing of the eye. The reaction is not always obvious to a non-professional, even the person who was sprayed may not notice any problems. That is another reason that an expert medical witness is needed to challege the scientific monopoly of the Defense Tech witness who covered up truth to protect his former employer..

love, peace and justice,

luna moth

glossary of terms;

http://www.tedmontgomery.com/the_eye/glossary/G.html

glands, Meibomian
elongated sebaceous glands in the eyelids that discharge a fatty, oily secretion which forms the most exterior (lipid) layer of the tear film, preventing tear evaporation

glands, Krause
small glands in the eyelids that discharge a watery secretion which forms the middle (lacrimal), thickest layer of the tear film

glands, Wolfring
small glands in the eyelids that discharge a watery secretion which forms the middle (lacrimal), thickest layer of the tear film

glands, Zeis
sebaceous glands in the eyelids that discharge a fatty, oily secretion which forms the most exterior (lipid) layer of the tear film, preventing tear evaporation


Here are some micro slides and definitions for anyone interested in learning more about the sensitive nature of the human eye..
by thumbs up
oh you can commit crimes, just as long as you have a palco hard hat on.
by b
Lets forward a bill that says that it can only be sprayed at the feet. Happy?
by one hot foot
Why use torture, on non violant civilians?
by mocean
Question~ Will there be supporters gathering outside the courtroom on any of these dates?
by John Q Public
Not sure what "non violant civilians" are but they sound dangerous. Would it be ok to pepper face them? How about we take away their food and water and see how long they last.
by see you there
The goal is to pack the courtroom. Supporters of the plaintiffs, who were tortured with pepper spray in 1997, will be both outside and inside the courtroom.
by Raven
Here are a couple of URLs on the toxic effects of pepper spray that has been responsible for over 60 deaths:

http://mediafilter.org/caq/CAQ56pepper.html
http://www.angelfire.com/fl3/starke/pepperspray1.html

In addition to crucial support needed in San Francisco if you can't make it there another action you can take is to go to the defense technologies and federal laboratories lab web site and leave them a note telling them to stop making pepper spray. You can leave them a note by following the more information link:

http://www.defense-technology.com/global/sitemap.asp

If you do this I would highly recommend using a web proxy server such as TOR:

http://tor.eff.org/cvs/tor/doc/tor-doc.html

That way will they will not be able to trace back your ip address to find who left the note. With the increasing number of fbi requests for server logs it's probably a good idea to use a proxy server in visiting any radical or anarchist web sites. Good luck to the pepper spray 8. Rock their world.
by billybob
it's part of cop training that you undergo classroom instructiion as well as practical application of OC spray before you are ever allowed to use it. That means every cop carrying OC has been hosed down with pepper spray.
Same goes for Tasers.
of course if you choose to do large quantities of cocaine and alcohol, and choose to fight the cops, your heart does tend to stop after getting tased or sprayed.
by Raven
Or if you are put in a restrain chair like the 11 people who have been tasered or pepper sprayed to death in restraint chairs. Well guess what being locked down is like being in a restraint chair, thank you Humboldt county PIGS for endangering the lives of non vilent protestors.

http://www.progressive.org/amc0400.htm

If you are so game Billy Bob I'd love to strap you in and taser you... Coke or no coke your choice.
by billybob
I read the article. The idea of the restraint chair, OC and Tasers is to provide a less lethal way of controlling people. Take away the oc and Tasers and cops have a choice of whacking you with a baton or shooting you. My departments use of force continuim starts with an officer in uniform giving instructions, then open hand defense, OC, baton, weapon presentation, use of deadly force. it's not a 1-2-3 type deal. You have to decide what is appropriate for each situation. So when I show up and the boyfriend is holding the victim of the floor by the neck strangling them I can immediately go to my baton. That did not work and OC was needed to get him to stop. After doing that I had to justify my actions in writing because I will have to testify to all of that in court later. My department does not have restraint chairs or tasers yet. To answer your earlier statement, if we did have them, we would practice putting subjects in them before actually using them. I can see of no reason to OC or tase a subject already restrained
by restraint
if a non violent protester is locked down, why do you have to spray them?
by Raven
Officer Billy Bob asked; "if a non violent protester is locked down, why do you have to spray them?" Or why do you have to rub pepper spray into the most sensitive organ in their body their eyes? This is precisely the question we are asking, and why we are so determined in taking your brethren to court. Perhaps I could interest you in trying one of our lock-down devices and some pepper spray swabbed in the eye. After experiencing this torture which is similar inintensity to what many of the prisoners at Abu Gharab experienced you will understand and come join the case for the prosecution. All are welcome to join us, Power to the people!
Click here to see what the application of pepper spray directly to the eye looks like:

http://www.nopepperspray.org/photos.htm

Also officer Billy Bob are pictures where the Humboldt county Sheriffs office has sprayed non violent protestors directly in the face when they were locked down after this technique was codified as part of their practice after the incident we are going to trial about. Why ideed...
by Billybob
if there is no law against it, then there is no enforcement. If a law was passed saying your friends could not do something, then the officers will seek ways of gaining compliance.OC and tasers are used according to the situation, when voice commands fail. They are less lethal and cause fewer injuries than the older method of just beating people with batons. There is also PPCT. By using different pressure points on your head, they can inflict momentary, but very excruciating pain to get you to comply. None of this is torture.

Why do all of that? Because of the law. If the enforcement agency was not enforcing a law by taking these actions, then they are in the wrong. But if you just want to bleed their budget dry by suing them again and again because you and your friends did not get your way is about the same as having the supreme court appoint you president.



by billybob
Went to your site. your friends were practising civil dis obediance and had locked themselves together as part of the disobediance. They were in self imposed restraints. After being advised to remove themselves, they did not. now that talking has failed what would you do to remove the trespasser? How do you know what an individual will do next?
Just to change the subject, when you respond to a DV call, the principal physical agressor is not always the agitated one. They can be very calm, after beating their kids or their partner and explode again as you take them into custody. So I take no chances, I incapacitate you any way I can when you refuse compliance. Sorry for your friends, but having your eyes swell shut and your face feel like it is on fire is a small price to pay for a cause you truly believe in.

BTW, if you win your court case, what happens to all that dirty, bad, nasty money?
by sean4489
07-mooruption3.jpg
You are completely right BillyBob. Those damn protestors were violating the law, so the police had every right, a god given right, to smear chemicals in their eyes. I mean, as you pointed out, if they didn't do that they would have been forced to resort to the ole tried and true, (and love by all cops) method, of beating the protestors with sticks. Shit, you might even get to shoot one of those dirty hippies. It's sad that you have to explain to someone why it's unjust to do what those cops did. Further, why would anyone ever want to become a cop? Save the bullshit, "I want to protect the public speech for the policemans ball," we all know that's not true. I think cops like to hurt people. I think cops don't like themselves and they take that frustration out on anyone else they can. I also think what those police did was one of the most cowardly acts a person can take. First, they have to hind behind their badege and their gun, then they pick on non-aggressive protestors. Wow. To all of those cops out there, when you look in the mirror how do you justify what you are? Believe me, your not part of the solution you are part of the problem. People don't respect you, they fear you. You may not know the difference but behind your back, after every traffic stop, after every street encounter, the person you just dealt has nothing to say but FUCK YOU! Oh, and have a nice day officer.
by Beep-beep
Although I agree that many cop are cowrds, it must be said. There are cops, and there are PIGS. A pig is your worst nightmare, they can push you around, stomp on your rights, and get away with it. "oh yeah, I pepper-sprayed those hippies 'cause I felt threatened. Definately very threatened, with my badge and my gun and my bullet-proff fucking vest." What a bunch of power-hungry bastards. I thought that it was a cops duty (officially, morally?) to PROTECT citizens, but it seems to me that they're more interested in protecting corporations and 'private citizens.' Where the hell's the valor, the honor in beating the shit out of someone with their arms behind their backs? Fucking cowards, it's no wonder everyone hates or is afraid of the Police.
by billybob
You know, I never would have figured that out w/o your assistance. I admit to being a dick. I do lots of traffic stops for minor offenses to see if you are drunk or wasted behind the wheel, then let those sober go with a warning. Thanks for the warning=fuck you, so what. I'm not here to be loved or liked. I do what I do as best as I can because every day is not the same old thing and I like it. The thought of a boring life scares me more than anything.
As for being a coward, define coward.
I laugh at the tv and movie perception of my job. if you really want to know what it's like, see if you can do ride alongs with your local EMT/FD/PD. I doubt you will.
Even though the protest you attended was probably the biggest event of your life, it's just another day to me. It really is a very small, miniscule part of the job.

Love ya
by Nothing
So why do this at all -meaning use force on peolpe who just use words and nothing alse. What's the point , what do the police have to Fear who do -you- the police work for Us-or them- ie- your selfs. There will come a time when the cops -you- will have to confront the people that you abuse and kill. That will be sooner then later. History is alaways the dictator and nothing alse. So a measge to the cops THINK ?.
by hahahaha
LOL

You people make me laugh, the reason Police use pepper spray is

because they arent tough enough to do their job!

If you need any more than yourself and your mucles to subdue

someone methinks you should go into another line of work say

ballet teacher.

by The Never Ending Question

As they say in Old Europe: "Cretin Cochon."

I have always been fascinated by the police. I'm reminded of an old Irish poem, the Patriot Games:

"They are always agents of war,
Never guardians of peace."

Sadly, this remains true to this day. It is a fact that most policemen are Republicans. This is consistent with their philosophy - protect the rich from the poor, protect management from labor.

Do we ever have an example in which the police protect labor from rapacious management? The answer is so obviously never.

What I find truly amazing about the police can be seen in recent events. Police and firefighters came out, even in civil protests, against the evisceration of their pensions by the current governor. Did it ever occur to the police how they got those rich pensions??

They got them because of labor protests in the early 20th century. They got them by the blood spilled by labor union activitists. And who were brutalizing labor activists as they strove for their civil rights?

Why the very same police of course. It that not amazing?

The police are collaborators with the rich. Thoroughly and utterly dispicable.













by but just dont get it
maybe they werent brought up by positive parents. maybe they are culturally deprived , and never had the priviledge of watching a martin luther king documentary or seeing "Ghandi". Maybe they are just selfish dumbfucks who drink beer and watch Fox after they abuse their loved ones......
by Let's have respect OK?
Let's have a cheer for our courageous men in blue.

What exactly does "Cretin Cochon" mean? It means "cretinous pig." What exactly is a cretin? It is a "stupid, vulgar or insensitive person, clod, lout."

Also see: cretinism: a usually congenital abnormal condition marked by mental deficiency and caused by severe thyroid deficiency......

As one who respects the police, I object to this irresponsible name-calling brought on by frustrations of unruly activists.

Others would refer to them as ignorant slobs with beer-filled bellies. Just the kind of dupes that upper management likes to have when its needs to have atrocities committed against people protesting peacefully in the streets.

What are these louts good for? Well let's take a look at their record: we have them beating up environmental protestors, helping to murder and torture civilians in El Salvador, brutalizing the poor in Nicaragua and Brazil, torturing the helpless in Honduras, raping nuns, aiming sniper's rifles at children in Palestine and pulling the trigger, enforcing Apartheid in South Africa, intimidating people of color and forcing sex on them.

Other than these exceptions to the rule, I think these guys deserve a lot of credit.

These are some of their most admirable achievements. We can just feel the vibration from the rumble of their potbellies as they laugh at the station.

So let's have a cheer for the boys, they are so gutless and crude it's beyond anyone's imagination.

Hey!! Watch it, you're crossing the line.

They are the anti-Robin Hoods of our childhood. They are the nightmare of civil society.

And what is their record of achievement in the US? Well, where can we begin? They brutalize blacks in our bantustans: Bay View Hunters Point, West Oakland, Harlem, Woodlawn in Chicago to name a few. And they commit these crimes with assured impunity and laugh about it. And when citizens protest, they whitewash themselves with an investigation by the police for the police.

And just what are they doing sending messages at IndyBay? Are they spying on a left-wing activist website? Is this part of the fascist police state crafted by the ultimate pig Bush? Are they taking notes for the Joint Terrorism Task Force?

This is what they stand for, this is what they are, this is who they are: the plague.

Hey, that's too much, where are those IndyBay censors when we need them?





























by billybob
I have been a police officer for about 2 years, prior to that I was a postal worker for 11 years. Prior to that I made TV commercials and before that I was a soldier for 8 years. I have not finished my degree and probably never will. Disenchanted with the higgher education system thats seems to only want to empty my wallet but not teach.

I have lived, not visited, but lived in Panama, Egypt, Korea , Israel, Iraq and Kuwait.

I came to this site because the topics interested me and I do that strange thing called"thinking for myself".

I don't drink beer. Most of my compatriots don't drink at all.

I stop being a police officer May 1 and go to another country to pay the bills doing a job I don't want to do.

I really don't give a fuck if you like me or any other cops, but it does infuriate me to hear blanket statements. it's the same as racism or any other ism. You want to change the world? Try looking at all aspects before charging in and showing your ass.

But I'm just an old man that does not know what it's really like to be you.
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