Portland Mercury


 
 

« Portland Dorks, Rejoice! | Main | Finally Punk »

Friday, June 29, 2007

News Attorney Says Cop Email “Is Classic Blaming the Victim.”

Posted by Matt Davis on Fri, Jun 29 at 2:03 PM

Yesterday we got an email from Portland Police Bureau Sergeant Kyle Nice. Check it out here.

In light of it, the attorney acting for Richard Prentice, whom Nice allegedly questioned and intimidated in a holding cell in central precinct after he was arrested for putting up anti-cop posters, says the email is likely to add to controversy around his client’s case.

I think this new information will polarize the discussion significantly,” says Benjamin Haile, of Haile Greenwald. “It will divide people who care about the protections to free speech and those who can be distracted by attacks on Rich’s character, giving fuel for indignation on both sides.

Nice emailed the Mercury with a flier retrieved from Prentice’s backpack, showing a cop with a gun to his head, asking “how come you didn’t show Mr.Prentice’s other poster?”

I think for anyone to imply that this somehow justifies what was done to Richard Prentice, it’s just classic blaming the victim,” says Haile.

A message left an hour ago for Portland Police PIO Brian Schmautz, asking to be put in touch with Nice, is yet to be returned. Kyle: It’s 503 294 0840. Or you can email news@portlandmercury.com. I admire your guts in speaking out.

Comments

Schmautz just called back, saying, "what am I, his mother?" I'll call Central Precinct on Monday.

Matt, I don't think it was a question I think it was a statement, "I am not his mother." But maybe I am wrong. Because it is the written word and not the spoken word I also think it is fair to include that you know I was joking with you. To place the statement in context for your readers, Chief Sizer does not restrict officers from talking to the media or order them to talk to the media. As you know, I relay requests when reporters ask to talk to officers but don't tell what to do. Out of fairness you should also admit that officers have at times called you back. It's their choice.

While I think it's good you are pressing the police on this, you should be equally vigilant in challenging Prentice's explanation of the events and justification of his actions. I hope your goal isn't as advocate of one side or another, but for the truth.

Haile puts the cart before the horse (as exepcted, being Prentice's lawyer). He assumes his client's description of what happened is accurate.

But beyond that, he also seems to dismiss the seriousness of Prentice's obsession -- an obsession that's reaching the point of putting up flyers that seem to be recommending violence against police officers.

What if this was a kid at a high school putting up pictures of his classmates or teachers with guns to their heads?

He may be justified in his obsession to some degree, but at a point he crosses a line.

I posted this before, but apparently it needs clarifyng. I like the way the gun cop flyer reverses the power complex that the cops use to control the citizens they are employed to protect. I do not want people to shoot a cop, nor do I think people who see it will kill a cop. I printed the flyer but then decided not to put it up because I thought it was too volatile and the message could be misconstrued by some people. I would never advocate for people to shoot a cop, but I do want people to question the way police use the threat of extreme violence to control the American people. For example, Officer Wells actually threatened to tase me repeatedly or
even shoot me while I was cooperating with my arrest for putting up a flyer he found objectionable. Sergeant Nice does not tell you that my backpack also contained a flyer entitled "Where there is no equality,
there can be no dialogue". It's about the misappropriation of power by the police from the citizens they are supposed to protect. These flyers and more information were found at www.omnipresence.org I do not consider myself a true anarchist, but I believe we must make changes to improve our current system. According to portlandcopwatch.org there have been at least 112 Portland Police shootings and in custody deaths since 1992.

And it appears that Kyle Nice has succeeded in his attempt to divert attention away from the fact that he brutally murdered James Chasse...

Brian: You're right, officers have at times called me back, and I hope Kyle does. Thanks for commenting.

Extra: If by pressing Prentice, you count my flat-out asking him, "are you making this up?" and asking, "would you be willing to take a polygraph test?" I hope you'll accept that I've treated his version of events with an appropriate degree of skepticism. He is, incidentally, willing to take a polygraph test on all the allegations he's made, although these aren't good to be used as evidence in Oregon courts.

On the objectivity question, my goal here is to give Prentice a voice, because I feel the truth may well be that his rights were violated. That's where I'm coming from. We're an alternative weekly and have never pretended our reporters don't get involved in the stories they report on. But if you want "objectivity" don't try reading the Oregonian either. Their editorial decisions are just another form of censorship.

Haile is an experienced first-amendment lawyer. I'll trust his approach.

And Prentice's "obsession" as you describe it, stems, he alleges, from a brutal alleged beating last March. An IPR complaint and tort claim were denied. I'm amazed he's just putting up fliers, if his allegations are true. At what point does he cross "a line?" And is that a line in the sand, or in the public trust? If it's the public trust, who crossed it first?

Hello, Matt. While reading the artical on how Mr. Prentice was wrongfully arrested, i saw that he (Prentice) mentioned plans to sue the PPB. I would like to know if Mr. Prentice would be interested in someting of a class-action suit? I was beaten up by police on March 18th infront of the "Justice" Centre during an anti-war/anti-facsism demonstration without ANY provocation. I'm now set to go to trial on the 18th this month facing 5 charges - all completely UNTRUE, so far as i'm concerned.
I'm hoping i can pass my contact along to Mr. Prentice or his attorney.

After reading this blog more thuroughly, i've seen that Mr. Richard Prentice himself has posted here. GOOD job, brother! I also want to mention that i've done my own bit of "flyering" following James Chasses' murder. I actually had some of my flyers on hand the day i was beaten up/arrested. The DA may or maynot attempt to use them against me in court. But i'm not the least bit concerned being as that the flyers [i had] were a mere protest/statement & in no way endorsed illegal activity.

Would that flyer be more appropriate with the cop holding the gun to us? What if there was a cop with no gun at all?

Matt, I never used the word "objective". I don't believe in objectivity.

But grand visions can get in the way of specific truths (cf, Iraq War). If you just want to provide an alternative viewpoint to what you see as the dominant one, or if you just want to stick it to the man, you're making the same mistake as those who go along with the status quo and powers-that-be.

I didn't see much evidence in your article, just Prentice's description of the events.

As to his obsession, I'd say that it crosses a line when he begins to threaten violence. He seems to have a reasonable explanation for the flyers. But if it was my face on those flyers and I found him with them, I don't know that I would take his word for it. Would anyone here be comfortable with a right-to-lifer posting flyers at Planned Parenthood with a doctor with a noose around his neck?

There are legal avenues for him to follow and I encourage him to do so: civil action, legal protest, political action, the press, etc.

Just to add: it's one thing to sympathize with his frustrations and quite another to say those frustrations justify encouraging violence against police.

Extramsg: When was the last time doctors carried guns and shot their patients? When was the last time teachers shot their students? Why are you obsessed with thinking i'm obsessed with shooting police? I am a pacifist- and you are complacent.

I also grew up watching Adam-12 and Dragnet. I want cops to be heroes, and I want to respect them. The sad fact is that so many are power junkies and bullies. The constant threat of extreme violence from police creates a culture of fear that enables their control. When they get caught abusing their power, they often lie about the circumstances or simply get away with it. We, the citizens the police are employed to protect, become outraged whenever this happens but then must sit idly as they are exonerated and the story fades from public view. Remember Jim Chasse, James Jahar Perez, and Kendra James among others? I wanted to challenge people to not forget, and remind the police that they are accountable to us.

I own a gun because the United States Supreme Court, and numerous other courts, have ruled that Law Enforcement is not obligated by law to protect your life. They are there to collect evidence and to try to catch the perp.

For example, if you dial 911 and they can't get there in time to prevent a violent criminal from murdering you with your own kitchen knife, your loved ones cannot sue them.

Something to think about, pacifists.

Many of you spout out statistics of how many people the police kill. Do you realize that police officers are more likely to be killed than have to use deadly force against someone else. I think all of you are forgetting that Police Officers risk their lives every day to protect the public (even the ones that hate them) !

Comments Closed

In order to combat spam, we are no longer accepting comments on this post (or any post more than 45 days old).

Blogtown End Hits: The Merc's Music Blog MOD: Merc on Design 2008: Merc Election Coverage Mercury Eat and Drink Guide  

Our Friends

Our Enemies