Rest In Power Michael Marshall – The Latest Victim of Denver Police Violence

From Revolution News:

The Denver Sheriff Department has murdered again. Michael Marshall passed away as a result of injuries sustained at the hands of Denver sheriff deputies around 6:30pm on November 20, 2015, after over a week on life support.

What does a community do in the absence of official channels to seek justice? What does a community do in the face of killers who operate with impunity—backed by the State? Killers who, to add insult to injury, pass on the monetary and emotional costs of their brutality to the very city they brutalize.

This is the challenge facing some communities in Denver, and many communities across the United States. But it’s a challenge they’ve faced before.

In 2010, Denver sheriff deputies pummeled, tasered, and beat Marvin Booker to death in the Denver jail. Why? Booker was a 50-something, Black, slender, unhoused, and beloved street preacher, who dealt with mental health challenges, and he didn’t want to give up his shoes.

Marvin Booker wasn’t a threat. He wasn’t violent. And he didn’t need to be separated from his shoes, which were one of his only possessions.

But in the milieu of discipline and punishment, control of bodies, and the breaking of human spirits, Denver sheriff deputies used such force to separate Booker from his shoes that he subsequently died.

Nobody was reprimanded. Nobody was held to account. If you spend time in Denver’s jail today you may be held under guard by some of the same people who murdered Marvin Booker.

Ultimately, it was Denver taxpayers who forked over some recompense as they had to cover the $6 million payout made to Booker’s family.

So goes the cycle of brutality, impunity, and taxpayer burden. And now it begins anew, with a strikingly similar case of brutality to the one that stole Marvin Booker’s life. Michael Marshall, a 50-year-old, Black, unhoused, slender man, who also described himself as a street preacher and dealt with mental health challenges, lost his life at the hands of Denver sheriff deputies trying to restrain him.

Why they were trying to restrain him isn’t entirely clear, but reporting from the Colorado Independent indicates that video footage shows Marshall posed no physical threat to the officers who killed him.

After over a week on life support following his beating at the hands of three deputies, Marshall passed away.

His killers remain unidentified and will likely receive little more than a paid vacation as a result of their actions. But one thing is for sure—the community of Denver will respond.

Following Booker’s killing hundreds of Denverites took to the streets in multiple protests. Marshall’s killing will likely prompt a similar response.

Indeed, concerned citizens already rallied for a press conference and a chance to mourn with family outside the jail in which Marshall was killed.

My question: Isn’t an even stronger response warranted?

At what point does Denver rise up as we’ve seen Baltimore, Ferguson, and other cities in the face of routine police violence? And who will throw the first brick, stone, or Molotov cocktail?

Because something needs to change.

And in spite of recommendations from independent parties, and a newly appointed sheriff, the jail’s use of force policy remains the same. And now it has again led to the killing of a harmless Black man.

Michael Marshall’s killing happens at the intersections of oppression: Racism, classism, and ableism. A paranoid schizophrenic who may or may not have been able to recognize commands coming from sheriff deputies or police officers, Marshall was held on a bond of only $100 for an alleged minor offense.

If our inJustice System wasn’t racist, classist, and ableist, Michael Marshall would’ve never found himself trapped within the cold concrete halls of the Denver jail where he would be murdered.

If our inJustice System wasn’t structured around the control of bodies, using violence to instill docility, and compelling people to follow rules structured to protect elite interests through arbitrary discipline, Michael Marshall would still be alive.

If our inJustice System truly presumed the innocence of those forced through it, nobody would sit in jail over a $100 bond, and Michael Marshall would still be alive.

If our inJustice System was designed for the people who are most-often forced through it, then it would offer them services to improve their situations, not Tasers and violence, and Michael Marshall would still be alive.

It’s long past time for this to change. What will we do to make sure that happens?

Another world is possible, but it will only come if we fight for it. So, Denver, rise up. Fight for Marvin. Fight for Michael. Fight for all those who came before them, in the hope that fewer will come after.

September 9 Protest at Denver DA Mitch Morrissey’s house

From Denver Action Network:

Video of Deputy Sheriff Brady Lovinger beating Anthony Waller in court in 2012. Projected onto District Attorney Mitch Morrissey’s house 9/9/15

Around 7:30 PM on a beautiful wednesday night in one of the richest neighborhoods in Denver, the Denver Action Network held our third home demonstration at the residence of Denver District Attorney Mitch Morrisey. We are starting a new tradition of random, unannounced home visits to officials who cover for the violent, racist gangs that make up Denver’s “law enforcement” apparatus.

“On September 11, 2012 Anthony Waller, an African American man who was brought to court in shackles, was assaulted by Deputy Sheriff Brady Lovingier in the courtroom at the downtown Denver Detention Center in an unprovoked attack as Mr. Waller was being advised of his rights. According to his attorney Kenneth Padilla, Mr. Waller suffered severe bodily injuries to his head, including a closed head injury, left orbital blowout fracture and had his teeth knocked out. Mr. Waller also reportedly sustained injuries to his back, neck, legs, arms, ankles, and suffered a hernia.
The three year statute of limitations is running out to prosecute Deputy Lovingier for this brutal assault that was caught on video and released by the press to the public. Judge Doris Burd filed a complaint with the Sheriff Department against Deputy Lovingier. However, a formal response didn’t come until late September 2013 when the City suspended Lovingier for 30 days, which he is appealing, for the kind of assault that would get a civilian arrested, convicted and incarcerated by DA Morrissey.”

(Info taken from Colorado Progressive Coalition et al., source: https://www.facebook.com/events/519825488169175)

The surveillance video of Deputy Lovingier brutally beating Mr. Waller in his 2012 court appearance can be seen here: (trigger warning) https://www.youtube.com/watch?v=tDrIirwfzt8&

Video of Deputy Sheriff Brady Lovinger beating Anthony Waller in court in 2012. Projected onto District Attorney Mitch Morrissey’s house 9/9/15

Our visit to Mitch Morrissey tonight was a reminder that the people of Denver are sick of these racist, fascist violent cops brutalizing and killing us, and we are just as sick of bootlicking city officials like Morrissey who actively cover for and enable this violent behavior by law enforcement. From now on, endorsing police violence will come with personal and social consequences. To Mitch Morrisey and all future District Attorneys of Denver: indict and prosecute violent cops, or we will make sure your whole neighborhood knows what a cowardly piece of shit you are. You may seek to bury and ignore the truth about police violence in Denver, but we will continue to bring the truth to your doorstep.

Chalk left in the street outside DA Mitch Morrisey’s house

Solidarity with all people resisting state violence in Denver and around the world! Fuck the police!

Love, The Denver Action Network, 9/9/15

International Week of Solidarity with Anarchist Prisoners!

TILL ALL ARE FREE:

International Week for Anarchist Prisoners

In summer 2013 members of several ABC groups discussed the necessity of introducing an International Day for Anarchist Prisoners. Given there are already established dates for Political Prisoners Rights Day or Prison Justice Day, we found it important to emphasize the stories of our comrades as well. Many imprisoned anarchists will never be acknowledged as ‘political prisoners’ by formal human-rights organisations, because their sense of social justice is strictly limited to the capitalist laws which are designed to defend the State and prevent any real social change. At the same time, even within our individual communities, we know so little about the repression that exists in other countries, to say nothing of the names and cases involving many of our incarcerated comrades.

This is why we have decided to introduce an annual Week for Anarchist Prisoners on August 23-30. We chose August 23 as a starting point, because on that very day in 1927 the Italian-American anarchists Nicola Sacco and Bartolomeo Vanzetti were executed in prison. They were convicted of murdering two men during an armed robbery at a shoe factory in South Braintree, Massachusetts, United States. Their arrest was a part of a bigger anti-radical campaign led by the American government. The State’s evidence against the two was almost totally non-existent and many people still today believe that they were punished for their strong anarchist beliefs.

Given the nature and diversity of anarchist groups around the globe, we have proposed a week of common action rather than a single campaign on a specific day making easier for groups to be able to organize an event within a longer target period.

Therefore, we call on everyone to spread the information about the Week for Anarchist Prisoners among other groups and communities and think about organizing event(s) in your city or town. The events can vary from info-evenings, screenings and benefit concerts to solidarity and direct actions. Let your imagination run free.

Check out the flyers in different languages. Please send reports of your activities to tillallarefree (A) riseup.net

Till all are free.

Translations:
Turkish
Russian
French
Spanish
Finnish

“325” anarchist counter-information group
ABC Belarus
CNA/ABC Bogotá
ABC Brighton
ABC Bristol
ABC Cardiff
ABC Czech Republic
ABC Denver
ABC Dresden
ABC Forssa
ABC Helsinki
ABC Hurricane
ABC İstanbul
ABC Kiev
ABC Latvia
ABC Leeds
ABC London
ABC Mexico
ABC Moscow
Nizhny Novgorod antirepression group
NYC ABC
Publicacion Refractario
ABC Rio de Janeiro
ABC St.Petersburg
ABC Tampere
ABC Vienna
ABC Warsaw

—————————————————————————————

Denver ABC Event:

Join us for a very special movie night, as we engage with comrades world wide for the International Week of Solidarity with Anarchist Prisoners. Hosted by Denver Anarchist Black Cross at the Mutiny Information Cafe on Broadway and Ellsworth.

Wednesday 8/26 at 8pm we will be showing Vivir la Utopia
https://www.facebook.com/events/669951106482742/

Vivir la utopía es un documental de 1997, producido por TVE y dirigido por Juan Gamero, en el cual se describe la experiencia anarcosindicalista y anarcocomunista vivida en España que transformó radicalmente las estructuras de la sociedad en amplias zonas del bando republicano, evento denominado revolución española, durante la guerra civil de 1936-39.

Live the Utopia is a 1997 documentary, produced by TVE and directed by John Gamero, which describes the experience anarcho-syndicalist and anarcocomunista lived in Spain that radically transformed the structures of society in large areas of the Republican party, event called revolution spanish, during the civil war of 1936-39.

Repression in Denver

Defend Denver:

Over the last year there has been a strong resistance to police murder and terror across the city of Denver. This is only the most recent surge in resistance to police terror in our city, going back to the loss of Paul Childs in 2003 or more recently Marvin Booker in 2010.

Denver Police have been systematically targeting and arresting those actively involved in this organizing. Denver Community Defense Committee, a group which has organized extensive support for families of people murdered by police, has five of its seven members under prosecution or known to be under investigation by the Gang Unit of DPD. Prominent independent journalists, those with an expansive reach through social media, have been targeted and arrested while filming the police in Denver.

At a rally outside the statewide conference of Chiefs of Police on July 20th it was observed that DPD had a handbook with names, photos and details on local organizers or participants in demonstrations against the police. DPD has a history of this type of behavior with the “Denver Spy Files,” (http://articles.latimes.com/2002/sep/10/nation/na-spies10) where local law enforcement had kept files on those involved in social movements for decades. While it was found to be illegal by a federal court to compile such files on community organizers and activists, and while DPD settled with the ACLU and promised to cease politically motivated surveillance, it appears that they have picked up the practice once again.

Since Friday, August 7 at least three organizers in Denver have been visited at their residences by Denver Police officers. DPD has been asking for people by name and snooping around their homes. At least two activists have found out that police officers tried to enter their residences, without a warrant, while they were away from home. Others who have pending legal cases have had more charges added, many months later with no additional evidence, by the office of Mitch Morrissey, Denver District Attorney. It doesn’t seem to be a coincidence that after demonstrations were held in front of Morrisey’s home to protest his failure to indict killer cops, his office is maliciously adding false charges against police brutality protesters. There was also a petition to recall Morrisey as DA that garnered 20,000 signatures, a petition supported by the same protester community he is now targeting.

This morning two activists who have been targets of this harassment from DPD were taken into custody. A month ago they were detained while they were walking down the street and given a request to appear with a detective for an interview. They then were notified they were to be interviewed by the Gang Unit. Last Friday 8 officers came looking for them at a previous address. Today they chose to turn themselves in and are currently being held awaiting booking and the setting of bond. Please contribute to their bond fund at: Denver Anarchist Black Cross Bail Fund

Knowing your rights does not ensure that the police honor them. They do not care. They are legally allowed to lie to you, and will lie to you. However knowing your rights and methodically going through them might help you in your interacting with the police and might help you later if you end up having to go to court.

• Anything you say will be held against you. Do not answer questions. Do not talk to the police.
• If police come to your door, you do not have to let them into your house if they do not have a search warrant. You do not have to answer any questions. You can exercise your right to remain silent and to speak to an attorney. Videotape them from inside your home.
• If you are stopped on the street ask if you are being detained. If the answer is no, ask if you are free to leave. If the answer is yes that you are free to leave, leave immediately. Get as far away as you can, call friends and comrades who you trust.
• If the police are searching your belongings or home, say out loud “I do not consent to this search.” Keep repeating “I do not consent to a search without a warrant.” It will not stop them from searching necessarily but it may impact what is admissible in court.
• If they do have a warrant ask to see it(they can show it through the screen or glass, or slide it under the door) verify that it has been signed by a judge. Make note of the items listed on the warrant of what they are allowed to search. If they attempt to search or take any additional items say out loud that you do not consent to items being searched that are not on the warrant.

Let’s keep our heads up and hearts strong. And remember always, Mitch Morrissey’s dog is an anarchist.

If you are an organizer or activist being harassed, detained or have officers come to your home let folks know at defenddnvr@gmail.com and people can be in touch as quickly as possible! 

Repression only makes us stronger! Haters make us love harder! 

Denver: Running Down The Walls 2015!

Please share the promo video: https://youtu.be/mPwWnPRuVSM

It’s time again for Denver’s annual Running Down the Walls 5k benefit. This will be our seventh run/walk in solidarity with U.S. held political prisoners and prisoners of war. Last year was the best year, and we need your help to make this year’s even bigger!

Join us Sunday September 6th at Hungarian Freedom Park (901 E 1st Ave). Meet by the Hungarian uprising memorial at 11am with the run starting at 12pm sharp, taking place at the same time as runs in other cities and in prisons across the country! Please be sure to get there early to sign in and get your t-shirt. Food will be provided afterwards. Vegan options included. Bring everyone!

Every year prisoners and ABC chapters organize Running Down the Walls events to raise awareness and funds for political prisoners in further need of support. Additionally, extra funds raised will go to support the 5th annual North American Anarchist Black Cross conference.

This year’s radical 5k is dedicated in loving memory of the revolutionary Phil Africa (died in prison 1/10/2015) and every slain, maimed, and brutalized victim of police terror.

Sign up to run, roll, walk, bike, or volunteer by emailing us at denverabc@riseup.net ♥

RSVP on Facebook: https://www.facebook.com/events/714840768659289/

To donate please visit our youcaring fundraiser here: http://www.youcaring.com/u-s-political-prisoners-406831

Click image to view report from last year.

– – – – – – – – – – – – – – – – – – – –
From NYC ABC:

The Warchest Program:
The Anarchist Black Cross Federation (ABCF) has initiated a program designed to send monthly checks to those Political Prisoners and Prisoners of War who have been receiving insufficient, little, or no financial support during their imprisonment. The Warchest program was initiated in November 1994. Its purpose is to collect monthly funds from groups and individual supporters, and send that money to Political Prisoners and Prisoners of War (PP/POW) via monthly checks. Over the last two decades, the ABCF warchest has dispensed over $75,000 to political prisoners in the United States. Currently, there are ten imprisoned comrades who receive a monthly stipend as part of the program; they are:
Joseph Bowen
Russell Maroon Shoatz
Alvaro Luna Hernandez
Herman Bell
Robert Seth Hayes
Maliki Shakur Latine
Ruchell Magee
Sundiata Acoli
Hanif Bey
Oso Blanco

For more information, visit: abcf.net/warchest-program

Family and Friends of Maliki Shakur Latine:
Maliki Shakur Latine is a political prisoner, held in New York state. A former Black Panther, Maliki directly faced state repression and, after a 1979 incident with NYPD cops, was sentenced to 25 to life. We are raising funds to aid in the campaign to secure parole for this elder. For more information, visit justiceformaliki.org

Denver: Solidarity event with California Hunger Strikers and hunted comrade Assata Shakur this weekend

According to the California Department of Corrections and Rehabilitation, over 30,000 prisoners are now on hunger strike in California state facilities, including juvenile detention centers across the state.
(https://denverabc.wordpress.com/2013/07/09/california-doc-admits-30000-prisoners-on-hunger-strike/)

This major escalation of a 3 year long campaign by prisoners across the state to highlight the injustices and torturous conditions of solitary confinement and inhumane captivity represents what could become a high water mark in the modern prisoner movement.

The question that we, as outside supporters of this hunger strike now face is: Will we step up to ensure that these prisoners win this struggle, or will we watch and allow our comrades to struggle on their own?

On Saturday July 13th, solidarity actions with the hunger strikers will be happening across the country (and the world! Palestinian prisoners are hunger striking in solidarity with prisoners in California:
http://sfbayview.com/2013/palestinian-prisoners-pledge-solidarity-with-california-prisoners-on-hunger-strike/)

In Denver, we will be hosting an event that intends to draw the connection between the present day prisoner movement(s) and the liberatory social movements of the CoIntelPro (1960’s-1980’s) era. We will be screening a
documentary of “Eyes on the Rainbow”, a film about Assata Shakur, a comrade who broke out of prison in 1979, and has been hunted by the U.S. Government ever since.

Come join us on Saturday to show solidarity with our comrade Assata and the 30,000 (or more!) prisoners on hunger strike now in California (and Palestine, Ohio, and elsewhere).

Event info:
Film screening of “Eyes on the Rainbow”
Saturday July 13, 1:30pm
Blair-Caldwell African American Research Library
2401 Welton St, Denver, Colorado 80205

Please spread the word, and we hope to see you there!
SOLIDARITY!

Running Down the Walls 2013: Are you ready?

That time of the year is fast approaching. On September 1st, Denver ABC will host our fifth annual solidarity Running Down the Walls 5k benefit for U.S. held political prisoners. We need your support to make this critical fundraiser a success yet again!

Over the last several years, RDTW has raised thousands of dollars for U.S. held political prisoners. This annual event funds our monthly stipend programs, as well as our annual North American Anarchist Black Cross conference. To run, walk, bike, volunteer, or donate, please contact us at denverabc@riseup.net

Denver Running Down the Walls
Sunday September 1st, 11 am
Washington Park, Denver CO

2013 RDTW promo video

June 8th: Denver J11 Solidarity Event: scott crow on Infiltration, Repression, and Political Prisoners

Saturday June 8th
27 Social Centre
2727 W. 27th Ave Unit D
Denver, CO 80211

For the last several years, June 11 (june11.org) has been commemorated as an international day of solidarity with long term anarchist prisoners, and specifically Eric McDavid (http://supporteric.org/), and Marie Mason (http://supportmariemason.org/).

This year, in solidarity with June 11th events across the world, the Denver Anarchist Black Cross will be hosting an evening event with scott crow, a long term anarchist community organizer from Austin Texas. (More on Scott below).

Dinner will be provided, as well as various educational materials. We’re also going to be encouraging some participatory after events, so, if possible, come prepared for a late night!

PLEASE NOTE! WHILE THIS EVENT IS IN SOLIDARITY WITH JUNE 11TH EVENTS, IT IS TAKING PLACE ON SATURDAY JUNE 8TH!!!!

—
scott crow is a community organizer, writer, strategist and speaker who advocates the philosophy and practices of anarchism for social, environmental, and economic aims.

He is the only son of a working class mother who started his political journey in the anti-apartheid, political prisoner and animals rights movements during the Reagan years. In the late 80s he fronted two political electronic industrial bands and through the 90s ran a successful antique/art cooperative business.

For over two decades he has continued to use his experience and ideas in co-founding and co-organizing numerous radical grassroots projects in Texas, including Treasure City Thrift, Radical Encuentro Camp, UPROAR (United People Resisting Oppression and Racism), Dirty South Earth First! and the Common Ground Collective, the largest anarchist influenced organization in modern U.S. history to date.

In addition to grassroots organizing, he has worked for regional and national organizations, including Greenpeace, Rainforest Action Network, Ruckus Society and A.C.O.R.N. With his partner, he produced the documentary film Angola 3: Black Panthers and the Last Slave Plantation. These political activities lead to him being labeled a “domestic terrorist”by the FBI beginning in the late 90’s with investigations that continued for almost a decade.

He has appeared in various media outlets including the New York Times, CNN, Democracy Now!, Texas Observer, Infoshop, Left Turn, Anarchist News, Z Magazine, Austin Chronicle, Austin American-Statesman, Pacifica Radio and AlterNet as well as the documentaries Welcome To New Orleans, Better this World, and Informant. Public Radio’s This American Life called him “a living legend among anarchists” and the New York Times characterized him as “anarchist and veteran organizer… that comes across as more amiable than combative…”.

His writings have appeared in the anthology What Lies Beneath: Katrina, Race, and the State of the Nation ( 2006 South End Press), his book Black Flags and Windmills: Hope, Anarchy and the Common Ground Collective (2011 Pm Press) as well as various radical print magazines and online sites over the last decade.

From his home in Austin scott recently worked at Ecology Action an anarchist worker-run recycling center cooperative, consults in building worker cooperatives, travels for speaking, and organizes projects. In his spare time, he and his partner bike around town, raise a barnyard of funny animals and dream of sustainable futures.

Denver Police nearly storm 27 Social Centre

On the night of Thursday, April 25th, as several dozen people were present inside the 27 Social Centre, heavily armed members of the Denver Police Department took up tactical positions outside of the Centre in preparations to raid the building.

People had gathered at 27 for a variety of activities, including a presentation on Tar Sands Resistance in Utah and several small group meetings being hosted at the space. Around 8pm, as the presentations and meetings were well underway, police were spotted congregating outside the rear of the building.

A worker-owner of P&L Printing and a named tenant on the building’s lease opened the main door of the space to observe what the officers were doing. As he opened the door and stuck his head out, a group of heavily armed officers who had taken up a tactical position behind a group of dumpsters behind the building ordered him to put his hands up and approach the officers. When he was within 10 feet of the officers, they ordered him to turn around, put his hands behind his back and walk backwards toward the officers. He was then searched, identified, and questioned.

DPD officers stated that they had received an emergency call that claimed that there were armed people inside the 27 Social Centre who were holding people hostage. After some explanation that this was indeed not the case, the officers lowered their shotgun and M4 rifle. The mood shifted, and the officers radioed their supervisor to give an all clear. They also radioed other officers to stand down. Apparently many more officers were positioned in areas around the Centre and had just been moments away from forcibly entering the space.

After 15 or so minutes of questioning, the supervising officer soon approached, and gave the worker-owner a clear choice: Either let the police into the building to prove to them there was no hostage situation, or watch as the police forcibly entered the building anyway. The choice, unfortunately, seemed clear, and the worker-owner brought 5 police officers into the building. They did not identify anyone else present, nor did they search any part of the building. After walking around for fewer than five minutes, the officers left, seemingly satisfied that there was indeed, no hostage situation.

It would be easy for us to claim this as a simple act of police generated repression. The unfortunate fact of the matter, however, is that this situation is more of an example of what can happen when snitch culture takes hold over communities. We know, for a fact, that there indeed was a call to the police. We do not know the exact details of the call, or even the specific person who made the call, but we do know that this happened. And it is this fact that makes the actions of Thursday night even more troubling.

The events set into motion by an obviously fictitious claim by whomever called the police could have ended much differently than they did. In the end, the actions of the person who called the police could have brought harm to many people. Instead, we were extremely fortunate that the situation was quickly de-escalated and that no one was injured, arrested, or detained, and that the officers left the building without much further incident. As many of us know, the officers of the Denver Police Department have never needed much of an excuse to violently attack, shoot, or murder people in our communities.

Thanks to all the many comrades from across the country (and the world!) who responded to various reports on social media about what was happening. The outpouring of support was amazing and intense, especially as most of it came even as the situation was unfolding.

Love and solidarity to all our friends and comrades!

Denver: Safety Manager won’t investigate Internal Affairs cop involved in Landau Case

From the Denver Post:

Denver Manager of Safety Alex Martinez on Tuesday criticized an internal affairs investigator who first interviewed Alexander Landau about his 2009 beating by three officers but said he won’t launch an investigation into claims that she tried to intimidate him and dissuade him from filing a complaint.

Martinez announced last week that there was not enough evidence to support Landau’s claims of misconduct by Cpl. Randy Murr and Officers Ricky Nixon and Tiffany Middleton. He said they would not face discipline for the beating, which stemmed from a traffic stop. Landau said the officers tried to cover up the Jan. 19, 2009 beating and called him a racial epithet.

He took his complaint to then-internal affairs Sgt. Virginia Quinones, who said within the first minutes of their conversation that he would be charged with a crime if his report was false.

“You know, right off the bat, if it turns out that there’s any mistruths, so to say, any lies, so to say, then you — it could turn around and you could be charged. …” Quinones said, according to a transcript of the intake interview.

When Landau suggested that the officers “were intimidated because I’m black or something,” Quinones told him, “Sometimes, it’s not a good thing to play the race card.”

At one point, she told him, “it’s important for us to stand up and admit and be a man…”

Landau said Tuesday he felt the interview was “an uphill battle” from the start.

“We agree it was a poor interview that would be addressed by training, but the interviewer was transferred from Internal Affairs shortly after the interview,” Martinez wrote in an e-mailed statement.

He said Quinones was never investigated or disciplined because of the interview. She now works in the ID bureau, but her transfer was unrelated.

“More importantly, Internal Affairs has been completely restructured with well-trained investigators; that type of interview is not tolerated,” Martinez wrote.

According to the U.S. Justice Department’s best practices on internal affairs interviews, “no threats or warnings of prosecution or potential prosecution for filing a false complaint should be made orally or in writing” to someone who files a complaint.

Independent Monitor Nicholas Mitchell said Landau’s complaint will not be settled until Landau’s claims that Quinones was biased are resolved.

Landau and his attorneys also said the decision not to discipline the officers ignored key evidence, including conflicting stories about a bloody handprint on Middleton’s gun. Officers had said the print got there when Landau reached for the weapon and that it was wiped away, but Middleton said she did not see blood and did not clean the gun.
Martinez has said his decision came after multiple reviews. The U.S. Justice Department also declined to prosecute the officers for lack of evidence.