Law Enforcement

Commentary: Why I think Katehi Ought To Resign But Won’t Have To

KatehiFacesTheCroud_11-21-11-15-1In yesterday’s column “viewpoints,” I wrote something that I think needs clarification in light of the response to a statement: “Call me a cynic, but I don’t see any way at this point that the findings from an investigation will be such that she has to step down.”

This statement was meant to express skepticism and cynicism that the process set forth by UC President Mark Yudof will bear fruit.  Some took it to mean that I have made up my mind and no finding would be adequate to change my opinion.

Viewpoints: White Protesters and Police; Waiting Out the Investigation

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Two pieces on the UC Davis situation warrant some discussion.  First, we will look at Daniel Filler’s op-ed that appears in the Davis Enterprise, “Policing’s ‘new normal’ doesn’t work with white folks,” which focuses on an issue that has long troubled me, that police get away with certain tactics on minorities that would outrage the white community if it happened in middle America.

The second piece is by UC Davis Law School Dean Kevin Johnson, who argues in this morning’s Sacramento Bee that we ought to allow the UC Davis probes to take their course before casting judgment and calling for the resignation of the Chancellor.

Commentary: Why I Love My Country

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A friend of mine at lunch this week tells me a story that happened in Yolo County recently.  A man is being followed by an undercover police officer.  How he knows this, I’m not sure.  I’m not sure the guy was undercover, he may just have been off-duty. After awhile, the man has enough and starts snapping pictures out of the side of his car, toward his back.

At this point, the officer radios to get a marked unit there, the marked unit comes, follows the man and the same thing happens.  So the man is pulled over and arrested for evading arrest.  A misdemeanor.  But because the man has pictures of the whole thing – due to his paranoia that the law is following him, he has a record and can demonstrate that he was not, in fact, evading the law.

Questions About the Independence of the Investigation and the Future of Katehi in the Face of Official Inquiry

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While the Vanguard welcomed the news that Cruz Reynoso, a former California Supreme Court Justice, would head up the UC Davis Task Force that will review the independent investigation led by William Bratton, a retired Police Police Chief with the Los Angeles Police Department, the key to any inquiry will be the ability of that team to have access to crucial information.

According to UC Davis spokesperson Andy Fell, Mr. Bratton and his investigating team will not have subpoena power.

District Attorney and Sheriff Refer Pepper Spraying Matter to Attorney General

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From the beginning, we were concerned about the ability of the Yolo County District Attorney’s Office and the Sheriff’s Department to do a fair investigation into the pepper spraying incident at UC Davis.

It quickly became clear, apparently, to the DA’s office and the Sheriff’s Department that this was a matter that, not only were they not well-equipped to investigate, but it would probably be more trouble than it was worth.

Project Occupy Dutton Hall

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“We have three demands: 1)The immediate resignation of Chancellor Katehi; 2) A replacement of campus police with a ‘student run safety team,’ or on-campus police must be unarmed (this demand is still under discussion); 3)A freeze on tuition hikes.”

At 6 pm on Monday, November 28th, 2011, a general assembly was held on the UC Davis campus, during which a unanimous decision was made, by a group of students, to occupy Dutton Hall for two weeks.

Commentary: Reynoso Appointment A Potential Game Changer with Some Possible Pitfalls

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The appointment of former Supreme Court Justice Cruz Reynoso was a good move for UC President Mark Yudof.  He is an individual who is well respected by many in this community and, in particular, among the group most likely to be skeptical of the idea of a task force.

When I spoke with him yesterday, he understood fully that he was being put into this position because of his reputation both as a champion for social justice and also his reputation for fairness.

Students Protesters Vote to Occupy Dutton Hall

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A group of about 50 students met yesterday evening and voted unanimously, after some vigorous debate, to occupy, hold and blockade Dutton Hall, which houses the campus’ financial aid services and the university cashier, and is thus the intake point of student fees.

Students were frustrated over the continuing fee hikes that they fear are creating a transition toward a privatized university, and also frustrated over the closure of Mrak Hall to the public after protests last week.

Former Supreme Court Justice Cruz Reynoso Named to Chair Task Force on Pepper Spray Incident

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In a strong signal that this incident will not simply be swept under the rug, UC President Mark Yudof announced today that former California Supreme Court Justice Cruz Reynoso will chair the task force formed to address the pepper spraying of UC Davis students.

Justice Reynoso, a UC Davis Law Professor Emeritus, who was awarded the Presidential Medal of Freedom in 2000, will be “absolutely fair,” President Yudof said.

Defending the Indefensible

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A new defense has emerged of Lt. John Pike, an amateur video which shows the embattled lieutenant warning the protesters that if they do not move, they will be subject to the use of force.

Reported the Davis Enterprise last week, “Some Occupy critics have seized on the new video as proof that protesters incited the officer’s response.”

Student View: It’s so Much More than Just the 1%…

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by Amani Rashid –

A group of students on this campus decided they had something to say; a message to send on behalf of all the students on this campus; turns out we no longer shoot the messenger we just mace him for the hell of it until all the pepper spray is gone and he coughs blood.

I think that before anyone can really form too much of an opinion pertaining to the “Occupy Davis” movement they need to understand it better; I think that before anyone can pick sides and point fingers they’re in need for a little history lesson.

Latest Vanguard News and Commentary on the Pepper Spray Issue

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The Investigation: Former LA Chief Bratton Heads Up Investigation

On Tuesday UC President Mark Yudof announced that former Los Angeles Police Chief William J. Bratton will undertake an independent fact-finding of the pepper spray incident and report back the results to him within 30 days.

“My intent,” President Yudof said, “is to provide the Chancellor and the entire University of California community with an independent, unvarnished report about what happened at Davis.”

Commentary: Katehi’s Visit Does More Harm Than Good

KatehiFacesTheCroud_11-21-11-4-1It was not a friendly crowd that faced Chancellor Linda Katehi on Monday afternoon, but they clearly wanted to hear what the chancellor had to say, even as many chanted for her to resign.  The crowd listened politely, quickly shouting down those who wished to catcall or heckle the chancellor.

But in the end, it would have been better for her not to have made an appearance, if this were all she was going to say.

Vanguard Analysis: Use of Pepper Spray Appears to Violate Both Law and UCD Policies

Pepper-sprayOne of the points that defenders of the police here have failed to address is whether or not the actions of the police here are legal, or if they have clearly violated community standards.  In so doing, regardless of legality, it means that the community is not willing to accept this type of response from their police and therefore political pressure will force the agency to have to change policies and even dismiss officials.

However, that point aside, it is of questionable legality what occurred on the UC Davis campus.  The Vanguard has examined both the UC Davis Use of Force policy, as well as case law, and come to the determination that these actions violate both.

Katehi Makes Brief Appearance to Large Audience on Quad

Students Who Were Pepper Sprayed Tell Their Stories

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UC officials, who hoped the matter of pepper spraying students on the Quad of the MU last Friday would simply go away, were treated to a rude awakening as more than 5,000 people – students, staff, faculty and members of the community alike – jammed into the UCD Quad Monday afternoon.

No police were seen and none were needed as the large crowd policed itself and there were no known incidents.  Chancellor Katehi offered a brief word of apology and quickly fled, an appearance that will likely do little to quiet the calls for her resignation, that were heard loudly and clearly, with the English Department’s faculty joining the Faculty Association in calling for the chancellor’s resignation.

BREAKING NEWS: Police Chief Placed on Admin Leave

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UC Davis has just announced that Police Chief Annette Spicuzza has been placed on administrative leave, pending a review of officers’ use of pepper spray against protesters. UC Davis Lt. Matt Carmichael will serve as interim police chief.

“As I have gathered more information about the events that took place on our Quad on Friday, it has become clear to me that this is a necessary step toward restoring trust on our campus,” said UC Davis Chancellor Linda Katehi.

Damage Control

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Chancellor’s Hasty Retreat Covers Up Major Errors and Oversights That Directly Caused Fiasco

In the immediate wake of the pepper spraying, the initial response from the leadership at UC Davis was actually to defend the actions of the police.

“We have a responsibility to maintain a secure place for our students to learn, and for our faculty and staff to provide the excellent education we are known for,” Chancellor Linda Katehi said immediately.

Sunday Commentary: The Whole World is Watching

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Saturday featured a flurry of activity as UC Davis had to rapidly backtrack in the wake of national and worldwide coverage, from CNN to the New York Times to the Huffington Post to the BBC.

University Officials initially defended Friday’s action, saying that police had to use pepper spray after being surrounded by students – something that the videos clearly and definitively refute as it shows a rather orderly scene with students simply huddled on the sidewalk and an officer walking up and pepper spraying them.

Occupy UC Davis Explodes in Protester-Police Clash

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Just when it seemed that the Occupy movement was about to die out, a confrontation that was brewing all week exploded as police officers used pepper spray and other non-lethal means to expel protesters from an encampment on the campus Quad.

Officials report at least ten protesters arrested.

Vanguard Uncovers UC Davis Police Intelligence Database

Surveillance-KeyholeUniversity Claims This To Be An Old Database From 2003 That They Never Used –

Following the controversy over the university’s Student Activist Team back in April and the admission and apology by the university for a plainclothed UC Davis Police Officer misleading student activists and lying about her identity, the Vanguard received a tip that back in 2003, the university developed and maintained a “Police Intelligence Database.”

The Vanguard, after a series of denials, eventually got the University to admit that a “small” database existed back in 2003 and 2004.  It was developed to track activists in 2003 in advance of a US Department of Agriculture Conference that they claimed was likely to be protested by many out of areas activists, some of whom they claimed threatened violence and disorder.