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Indybay Feature

Justice for the Custodio Family Now

by danielsan
The San José Police Department is again being charged with police brutality and racial profiling: Filipino organizations, youth groups, and a growing movement for police accountability rallied outside the San José Superior Court "Hall of Justice" demanding justice for Marlo, Romel, and Marilou Custodio, three Evergreen Valley residents being charged with resisting arrest during a February 5 incident.
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Speakers at the press conference included Marlo himself, an attorney working with the family (Richard Honda), an uncle, and members of MALAYA, Silicon Valley DeBug, MAIZ, the Filipino Youth Coalition, the National Hip Hop Congress, and other organizations. Their statements are below, in MP3 format.

"Eight police officers participated in the beatings and two officers observed. Examples of use of excessive force include: One officer slammed Marilou's head against a police car three times. Marilou suffers post-traumatic anxiety due to the police beating. She is a single mother. Five officers swarmed, tackled, and brutalized Romel. Already pacified, Romel was still tasered with three weapons for 40 seconds (over the usual time limit) and had to seek medical treatment for physical injury and taser burns. One officer choked and tasered Marlo even while he was following police orders; afterwards, another officer kneed Marlo in the face" (from a flier circulated at the press conference).

San Jose's police force has been under the spotlight lately--with major news media stories on racial profiling of the Latino population, a well-publicized and successful Copwatch on Cinco de Mayo, and a strong effort to survive the painfully-slow process of the Human Relations Commission in order to institutionalize *some* kind of oversight for the SJPD.
§chants
by danielsan
Listen now:
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"SJPD you can't hide--we charge you with genocide"
"SJPD Respect Our Families!"
§signs 1
by danielsan
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§signs names
by danielsan
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§signs sjpd
by danielsan
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§petition
by danielsan
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§lawyer mp3
by danielsan
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§lawyer foto
by danielsan
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The press conference began with Rowena from MALAYA, a Filipina organization, and continued with lawyer Richard Honda, pictured above.
§debug
by danielsan
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Check out what the community has to say about yet another incident of police brutality against communities of color in San Jo. "We are tired of being victimized... we are tired of all the abuse, all the racial profiling that is going on," says David Madrid from Silicon Valley DeBug.
§maiz, fyc
by danielsan
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§fyc foto
by danielsan
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Several organizations are supporting the Custodio family in their navigation of the "justice" system. Representatives of MAIZ and the Filipino Youth Coalition spoke about how police brutality affects our communities.
§all power to all the people
by danielsan
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A copwatcher's message: standing together across racial lines to combat racial profiling and police brutality
§annie, marlo
by danielsan
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Annie from MALAYA speaks with outrage at a human rights violation and voices the demands of the family. Marlo Custodio (age 18) gives thanks for community support.
Add Your Comments

Comments (Hide Comments)
by via list
>To: JusticeForCustodios @yahoogroups. com
>Subject: [JusticeForCustodio s] JCFC Meeting Reminder Friday, May
>18 5:30 p.m.-7:30 p.m. Welch Park
>
>
>Hi Everyone.
>
>
>Great work on Tuesday!!!
>
>This is just a reminder that we are starting our meeting at 5:30 p.m.
>on Friday. A few agenda items include: Assessment of the Press
>Conference; Short Term Campaign Activities (Support Cards, Online
>Petition, June 26, and 1 benefit to include community education);
>Re-structuring subcommittees; and Meeting times.
>
>For now, if you are distributing support cards, please make sure that
>they go directly to you to bring back to the committee or you can ask
>them to give them me via mail to my De Anza College Address:
>
>Rowena Tomaneng
>De Anza College
>21250 Stevens creek Boulevard
>Cupertino, CA 05014
>
>
>See you tomorrow,
>
>wena
by Whitney (whitneywilde [at] sbcglobal.net)
Hi Daniel!

One of the Santa Cruz Trash Orchestra members is passing thru Oaxaca - can you send me some contact info for you?
by Watching those who watch
Now lets look at the other side of this debate. The question must be asked what did the suspect in this incident do? My understanding is that he was allegedly under the influence of methamphetamines and was in possession. But Im sure there will be people that say, "The cops planted he drugs." That is a joke in itself. The officers arrested him for the felony charges and the suspect's family approached the officers in a very dramatic and irrational way. That is what got the family into the predicament. How could that possibly be racial profiling. What a joke. Anytime a person gets into a jam they have to blame someone else. Lets not be accountable for our own actions, lets blame the police, the government, and sociaty. Where is the accountability that I had illegal drugs and we (the family) could have handled the situation better. I am very dissapointed with different ethnic groups throwing out the "race card" every time they get themselves into hot water. Mistakes were made and the police could have handled it differently, which may have resulted in a different outcome. However, if the suspect did not have drugs he would have not been arrested, and his family would have not gotten angry and approached the police in the way they did. Sounds to me that the family, not the police, should accept most of the responsibility. But of course they don't. "Its the police. It was racial. We did nothing wrong." This attitude is what got them into the problem.
by Rhodora Maiolo
Dear Watching those who watch,

First of all, sorry I can't address you directly since you cowardly decided not to leave your real name.

I wish you would have bothered to get your facts straight before publicly accusing people of things they didn't do. This, you see, further demostrates your lack of credibility.

So what if the suspect's family approached the police dramatically? If you saw your own son or brother being beaten to a pulp, (by anyone), you too would get dramatic in an instant. Off course they would be alarmed, they are human beings after all.

What is not warranted, was the sheer brutality that was inflicted on this family. It was pure abuse of power on the side the police, and it is this brutality that is being questioned.

Lastly, this is very much race-related as this incident would never have happened to a Caucasian family, per se. No, you don't hear of a Caucasian woman getting shot because she decided to brandish-about a vegetable peeler. Neither do you hear stories of a Caucasian individual getting shot in the back, no less, because they suspected him of being someone else. No, I doubt you ever will.

Next time you decide to publicize your opinion, at least be truthful and factual. Otherwise, you'll be regarded as just another racist -- without a valid viewpoint.
by My opinion on this topic
Its always going to be considered to be brutal when one's own family is being hurt. That I can understand. However, to say this incident is about race. Well, its clear that is just an excuse. The real deal per the census is that caucasions are now the minority based on the stats. So, philipino's are hardly being singled out because of race. Saying this is about race is hardly even worthy of comment. If the brother was not on drugs, using drugs, and in possession then this would clearly never of happened. In response to the ignorant comment that the police would have acted differently if it was a white family is laughable. Once again it just shows that when something bad happens it has to be all about race. I don't know about you, but I see that San Jose is a very racially diverse police department. I am sorry that the family saw the police have to you reasonable force to effect the arrest of violent suspects, but if they were high on meth, then they probably would not have acted like that. I know I was not there but to think that the family acted reasonable is not one the facts show. Its shows that they did not want to see their family member go to jail for felony drug possession. That the suspects in this case were high and wanted to do what they wanted. Well, life is not like that. There are laws and you must obey. For the family. Stop be so co-dependent get your family members that are abusing methamphetamine into treatment. Stop blameing the police for being "racists" and accept the fact that you have an addict(s) in your family and they are the problem. Please everyone lets be real. Its not the police that are being abused its the drugs!
by Jerry Atlansky (js [at] atlansky.com 24/366)
Sunday-August 12, 2007 Jerry Atlansky-Chairperson Oregon State Police- Independent Citizens Review Board Subject: United States Law Enforcement Is Two Major Steps Towards "A Secret Police State!" Oregon's 6 top cops refuse to protect the public from rogue cops. OPEN LETTER TO ALL OREGONIANS: In the fall of 2005 after the horrific police action against Fouad Kaady, the 27 year old man that needed medical help as he was naked, bleeding, burned,in shock, and had no weapons when he was located near the city of Sandy, Oregon a Sandy Police Officer and a Clackamas County Sheriff didn't want to get blood on them, and left a Police shotgun unsecured on top of a police vehicle. The Police tased Kaady twice and then both cops shot and killed Kaady with 7 bullets. The cops said, Kaady said I'm going to kill you, but many witnesses said they heard no threat from Kaady against anyone. Per the F.B.I. that is non-justifiable homicide as Kaady didn't attack anyone. I called the top police official in the training division of Oregon State Police and asked Lt.Fred, what must an officer do when he sees another officer repeatedly beating/kicking a restrained person? Lt. Fred said, the witnessing officer must assist in the arrest and report the incident. I said what good would that do if the victim is maimed for life or dies due to the police brutality? Not until I said I will form a citizens oversight board did Lt. Fred say, I will take two steps to make that change. Seven months later Lt. Fred's top superior, Superintendent Ruecker failed to reply to our letters and telephone calls to verify the changes we requested to amend their policy/procedures, add new training and work with our oversight board to require all officers and their supervisors to intervene when an officer is using excessive force as it is their duty too do so. We notified all Oregon State Legislators of this non-response from Supt. Ruecker so they pressured Ruecker's superior which forced Ruecker to send us their code of conduct and a cover letter admitting that Ruecker had setup no specific data that we requested of changes to protect all Oregonians from police brutality. On December 1, 2006 Supt. Ruecker resigned as he said for the betterment of members, his family and Oregonians. Lt. Fred also resigned in 2006 as he was pressured too do so. On March 12, 2007 Supt. Ruecker's replacement, Acting Supt. McLain said in answer to my question as we secured on video/audio tape at his senate hearing was, the person should file a complaint. If that was his family member getting beaten would that be his same answer? Sheriff Roberts of Clackamas County, their top cop failed to respond to our registered letter for 6 months asking the same question so we contacted all the Clackamas County Commissioners and they required Roberts to respond to us. A repeat of NO changes in their policy/procedures, training and they will not work with our oversight board to protect all Oregonians from police brutality. On July 4, 2006 we sent a registered letter to the Police Chief, Skelton of Sandy, Oregon again asking for the same documents; policy/procedure, training and reporting to our oversight board as stated above and without any surprise to us NO response from the the police chief. On Feb. 20, 2007 I asked Portland Police Chief Sizer at a public meeting,Chief's Forum the same question, what would you do if you saw one of your officers repeatedly beating/kicking a restrained person? Chief Sizer said, I answered that question, which I replied that is a false statement! We received another video/audio tape that proves our allegation that Chief failed to respond to our police brutality question. We sent a registered letter to Chief Sizer to give her another chance to answer our dire question and she failed again to respond as we received NO letter or telephone call on this matter from her. On June 18, 2007 Washington County Sheriff Rob Gordon replied to our, Open Letter To All Oregonians that he respects all the five top cops we named even though he doesn't know any of them, current policy/procedures are working just fine, training in place is extensive and well thought out, and police oversight boards are too political to do an effective job. Sheriff Gordon failed to address our three steps to reform law enforcement until we asked him direct questions and amazing as it may seem he was the first of all the top cops we have highlighted that states, his supervisors, deputies and himself would intervene if an officer is repeatedly beating/kicking a restrained person. Will Sheriff Gordon amend his Code of Conduct policy/procedures, add new training and work with our oversight board, not in this lifetime.....he talks the talk but refuses to walk the walk. Since the Nixon White house we have had a meltdown in personal integrity. All 6 top cops were made aware they are in violation of their sworn oaths of office, and many violations of Oregon State and United States Constitution Laws and that this data has been given to federal agencies as our very top state officials, the governor & the attorney General condone the 6 top cops wrong, illegal actions/inactions. The attorney general was pressured to author a new bill, Senate Bill 111, "Police Excessive Force" but refused to even consider our formal 3 amendments to the senate bill to protect all Oregonians as stated above to all the 6 top cops of Oregon. The amendments we are requesting to the Code of Conduct should read: 1. Law Enforcement supervisors and line officers are required to intervene when an officer uses excess force as it is their duty. 2. When officers are repeatedly beating/kicking a restrained person supervisors and line officers must stop the excessive force and arrest the offending officers. 3. If a person is not attacking anyone the F.B.I. state that if lethal force is used against a person that is unjustifiable homicide. Without specific policy/procedures we will continue with police reports final determinations on excessive force use as, "No Department Police/Procedures violated." WE THE PEOPLE, are convinced that from the very top Oregon State Officials, Governor Kulongoski, Attorney General Myers, former and current O.S.P Superintendent's Ruecker & McLain, Sheriff Roberts Clackamas County, Portland Police Chief Sizer, Police Chief Skelton City of Sandy and Sheriff Gordon Washington County not only refuse to protect all Oregonians from Rogue Cops, they don't care about the people that were killed in unjustifiable homicides by out of control cops which stole about 130 years away from Rubio, Kaady & Chasse men & shattered their families and friends lives. In the last 10 months these 3 cases were filed in the federal courts of Oregon and are expected to exceed over $100 million which will drain the funds to operate effective law enforcement agencies. The contempt for law and the contempt for the human consequence of lawbreaking go from the bottom to the top of American society. Margaret Mead Will you please assist us to help stop the over 150 years of "Police Code of Silence & Testilying?" What happens in Oregon goes Nationwide. Jerry Atlansky js@atlansky.com 24/366
by Honest
Well, I after reading a few of the posts I must comment. Reading to Rhodora explain the fact that this incident is definately race related only shows that you are foolish and dont think before you write. Do you know the race of the police officers that were at the arrest. If I told you that they were Hispanic would that change your mind? Or are you going to say that wearing a blue uniform makes you denounce you race and your now "BLUE" not of Hispanic, African American, Asian, decent ect. So in fact you are the racist Rhodara because if you look at what the definition of being racist - "The belief that race accounts for differences in human character", then you are saying that because you are a police officer then that changes your charactor. The bottom line is that police have the right to defend themselves. If a person is hopped up on drugs and tries to fight, well I am sorry dont be a drug addict. If you stupid enough to resist the police your going to get hurt. The police should not have to get punched/hurt because a suspect decides to make poor decisions and use drugs. Secondly, the vietnamese lady that had the "vegetable peeler", well more like a Cleaver, was crazy and her decision to throw the knife at the police was her demise. Those officers did the right thing by defending themselves. Why do we always defend the criminal and not our police. The police aren't the ones using drugs, committing crimes, and draining our society. The police are the one's we call to mop up the mess when people can't act like human beings and behave more like animals. Shame on you Rhodora for being so one sided on your viewpoints. Look at yourself when you so quickly call people racists. You might find that you are the real racist.!!!
by 408 native
All the accounts of the incident that I've read make no mention of drug possession, drug use, etc. Can someone provide a link to any articles where this is mentioned?

ps - Police are well trained in racial profiling tactics. Anyone who believes otherwise needs to rethink that one a bit. It's not necessarily hatred though, just part of the job.
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