Author: mopress

  • Affidavit of Don Doyle

    Note: the Doyle affidavit begins with the drug surveilance
    activities, the suspect’s [X’s] house, and an attempt on the part of
    police to determine a supplier for the "middleman" [X]. In
    Doyle’s affadvit a suburban [Doyle says a white one, Shroeder says a
    brown one] is identified and Doyle follows it to the stop sign where
    Schroeder initates the take down.

    I had the mic in my hand and was preparing to advise over the radio
    that the vehicle was turning right onto Pleasant Valley and that I did
    not have a traffic violation yet. Before I could get out on the
    radio I saw Officer Shroeder and officer Borton turning from south
    bound Pleasant Valley to west bound Quick Silver. They pulled
    sort of diagonally and to the front of the White SUV, but did not block
    the vehicle. I believe officer Schroeder was driving and I
    noticed that the Red and Blue emergency lights were activated. I
    knew we were on our channel and that I need to switch to Frank radio to
    advise we were making a traffic stop. I was also trying to get my
    emergency lights activated. As I was doing this I observed a
    Hispanic male exit the passenger side of the SUV and jump a
    fence. I saw Officer Borton coming to the driver side of the SUV
    I heard her say "Sarge help Julie she has Rocha." I don’t recall
    seeing whether Officer Borton had her weapon or not. I
    immediately exited my vehicle and ran to the passenger side of the
    SUV. I was wearing my police raid vest and noticed that Officer
    Schroeder was wearing her police raid vest also. I did not see
    Officer Schroeder with her weapon drawn and I didn’t see the suspect
    with a weapon. I saw a Hispanic male trying to run away from
    Officer Schroeder and Officer Schroeder was trying to grab him to
    prevent him from escaping. The Hispanic male was bent over and
    pulling away from Officer Schroeder. I believe Officer Schroeder
    was behind or beside the Hispanic male. I approached and I was
    trying to grab the guy. I recall Officer Schroeder yelling
    police. I was focused on getting the guy to the ground. It
    was happening quick. Very quick. The guy was a little
    shorter than me and weighed less than me. His size did not
    concern me. I grabbed the guy’s shirt and he was struggling and
    and trying to pull away. The guy never punched or kicked me and I
    never saw him punch or kick Officer Schroeder. He was
    aggressively trying to pull away from us. It was like we were
    going in a circle with the guy. At some point I believe I had the
    guys wrist, but I really don’t recall seeing his hands during the
    struggle. Somehow during the struggle I ended up on the
    ground. I believe I was on the ground and was on my butt.
    During the struggle I lost site of Officer Schroeder and I was focused
    on the guy. I knew she was there, but like I said I was focused
    on him and was trying to grab a hold of him. I remember when I
    was on the ground I was able to grab one of his legs around the ankle
    area and I [in original] he was still on his feet and struggling.
    I was hoping we could get him to the ground. At that time I heard
    a pop….

    The affadavit goes on to describe Rocha falling on his back in his
    white t-shirt.  Only when Doyle rolls him over does he see the
    blood.

    Signed and notarized June 10, 2005

  • Affidavit of Julie Schroeder — Part One (pages 1-3)

    I have been an Austin Police Officer for seven years. I graduated
    from the Austin Police Academy 3/29/98. I was in the 91st Cadet
    Class. I am currently assigned to the Souteast Street Response
    Unit for about 20 months. Prior to being assigned to the
    Southeast Street Response unit I worked George 200’s. I also
    worked Walking Beat at night. I also worked Charlie sector, 300’s
    and 500’s.

    In the street response unit my partner is Officer Michelle
    Borton. I have worked with Michelle for 1 year and 4
    months. We work street level narcotic investigations and assist
    in prostitutions stings. We talked about working property crimes
    but have not had much success with property crimes.

    On this Bittercreek operation, Michelle and I have have worked the
    Bluff Springs area and researched the area for suspicious
    activity. What happens is that we watch the pay phones in the
    area, especially the pay phone at Cannon Food Mart at 1719 E. William
    Cannon. The way this drug activity works is taht these mobile
    drug dealers will drive around to these homeless/drug addicted people
    and give them phone numbers where they can call and order some
    drugs. The way it works is that the drug dealer will dleiver the
    narcotics to the person at a designated place and time.
    One time Michelle and I were at the Cannon Food Mart and this guy comes
    up to us. We were working undercover trying to buy some
    crack. He asked us if we wanted to purchase some crack. We
    told him to use our city cell phone but something spooked him and we
    didn’t get anything from this transaction. He also wanted in our
    car to speed things up but we didn’t do that.

    Michelle had worked Frank sector prior to coming to street response and
    knew this crack user and dealer named [X name withheld by editor]. [X]
    lives at [address withheld by editor.] She is a white female
    between [age withheld by editor] years of age. We don’t always
    make contact with [X] when we are working. If we are out on
    someone at the Cannon Food Mart and [X] is in the area she will stop
    and talk to us. We have watched [X] and her residence for some
    time. We suspect [X] of being a coordinator or middleman for
    these crack dealings. [X] would walk to the Cannon Food Mart and
    use the pay phone and make short phone calls. If [X] was not
    successful she would loiter around the pay phone and make another
    call. If she was successful she would walk directly back to her
    residence. We would watch her and [X] would wait for someone to
    roll up for a delivery.

    On 6/9/05 I came into work at 2:00 p.m. Did some research on some
    addresses and names and checked e-mails. The research that I did
    yesterday was on other names of people that have come up about some
    guys that got busted at the airport with some meth. Michelle and
    I went to eat about 4:00 at the Boiling Pot. We were there about
    45 minutes then headed to Henry sector to check the address from a
    vehicle that had run from us last night. The vehicle had left
    [X’s residence.] We tried to stop this vehicle to detain and
    identify the occupant. It was a [description withheld by editor.]

    We checked some houses over off of Honeybee Bend. One of the
    occupants who had involvement in the [vehicle described above] that ran
    from us the night before came back to [address withheld by editor]
    Honeybee. We got some citizen complaints of drug
    dealing. Lots of drug dealing activity, cars coming and
    going. We drove past this area looking for the car and didn’t see
    it.

    Michelle and I drove to the south sub and dropped off our cool car and
    picked up the army green/grayish unmarked police unit. We hooked
    up with Officer [Y name withheld by editor] about 5:30 p.m.
    I don’t remember the exact time. [Y] was driving the black
    suburban and we all drove to the William Cannon/Bluff Springs
    area. We were in the area trying to see what was going on as far
    as suspicious activity.

    It was very light out when Michelle and I sat up at [address withheld
    by editor] Elm Creek while [Y] had an eye on [X’s] house. He was
    atually shufflling from watching the pay phones at Cannon Food Mart and
    [X’s] house and the pedestrian traffic in the area. He was
    watching to see what looked more promising.

    It was very slow so Michelle and I broke off to do regular
    patrol. We drove around Frank sector to look for suspicious
    activity. We broke loose about an hour before sunset.
    During this time I heard another street response unit looking for
    F307. They wre following a heroin dealer to a known address at
    [address withheld by editor] Echo Lane. We checked by with
    them. When they were code 4 we left. We headed back to
    William Cannon/Bluff Springs and called [Y].

    We sat up at the Sonic, took our vests off and pulled our shirts out
    and sat in the picnic area of the Sonic and ordered a burger. We
    ate the burger but we were also watching the pay phones. We had
    already coordinated with Sgt. Doyle and [Y]. The plan was for
    Sgt. Doyle to come to the Sonic and get into the black suburban and
    drive [Y] back to [address withheld by editor] Bittercreek. [Y]
    was to be in the back of the suburban and keep an eye on [X’s]
    house. Sgt. Doyle drove [Y] back to Bittercreek. Sgt. Doyle
    walked back to the Sonic when [Y] was on the radio telling us that a
    [description withheld by editor] four runner had just driven up
    to [address withheld by editor] Bittercreek. This vehicle
    was there for a little bit.

    Michelle and I got into our vehicle to conduct a traffic stop on the
    four runner. It pulled into the car wash on William Cannon and we
    went out on a Hispanic male. I was trying to speak Spanish to
    this Hispanic male he tried to speak English. We checked him and
    he only had a condom in his pocket and he had a previous arrest for
    prostitution. We determined he was probably looking for a
    prostitute. We cut him loose.

    [Y] came up on the air and said that [X] was getting into a
    [description withheld by editor] truck witha white male driver.
    Michelle and I had briefly gone back to the Sonic but we didn’t want to
    be around the Cannon food mart so that [X] would see us. I
    dropped Michelle off on the east side of Sonic and she took her vest
    off. I then drove around that general area of Sonic.
    Michelle was out doing surveillance for about 5 minutes before I picked
    her up. I don’t remember who told me [X] had made the call.
    I got on the radio and told officers [A & B names withheld by
    editor] to come over to our location because we needed another take
    down vehicle. I was coordinating the incident. We have had
    cars run from us in the past and earlier I had talked to Sgt. Doyle
    about doing a stationary take down. I thought it would be safer
    to do it in this manner and not get into a pursuit situation.

    In the past, maybe in March/April we have ad two vehicles run from
    us. A [description withheld by editor] had left [address withheld
    by editor] Bittercreek and we tried to get a stop on it and it
    fled. The second time the same [description withheld by editor]
    was on William Cannon and we tried to stop it again but it fled.
    The [description withheld by editor] I told you about also left
    [address withheld by editor] and fled from us.

    The [description withheld by editor] with [X] and the white male driver
    had driven back to [address withheld by editor] Bittercreek after
    having been at the Cannon food mart and made a quick phone call. [Y]
    has got the eye and says the pedestrian traffic had increased. I
    am coordinating the take down. We had coordinated where Michelle
    and I are coming from the east and Sgt. Doyle and [A & B] are coming from the west. I was on the radio
    making sure everyone knew that we were talking about [X’s] residence
    and where we were going to do the takedown. I even came up on the
    radio and said that Michelle and I were carrying tasers. I wanted
    this to be simultaneous where everyone converged at the same time.

    [Y] said that another white male from the front yard of [X’s ] place
    had go

    tten into the [description withheld by editor] truck and they
    drove to the Cannon food mart. Michelle and I had been on Elm
    Creek and we hustled back to the Sonic and saw them at the food
    mart. I saw the passenger get out of the truck and he went to the
    pay phone and made a call. It was a short phone call. I
    think he had on a bright yellow shirt but I don’t really
    remember. While we were at the Sonic this guy [description
    withheld by editor] had come up to Michelle and gave her the name of
    this guy who was dealing. The [description withheld by editor]
    truck has left the food mart and drove directly back to [X’s]
    house. Sgt. Doyle told us the truck was back at [X’s].

    [End of Part One]

  • The Purity of the Left: A Foray in Theory


    A View from Mexico

    By Rodrigo Saldaña Guerrero

    There are people who insist that politics must be pragmatic. Its
    purpose is reaching power and using it, not passing a test on party
    principles. For others the most important thing in politics is
    ideological authenticity. They complain about leftist support to Kerry,
    for instance, and about the lack of true left credentials of that
    candidate.

    One gets the impression that being leftist is a question of ideological
    purity, and little else. It does not really matter if the power goes to
    someone else, as long as leftists are true to the faith. Both sides
    have their pros and cons, of course.

    Pragmatism

    The strength of pragmatism is an insistence in doing things and
    (hopefully) a sensibility to detect what one has to have in order to do
    things. That’s necessary, because politics is a practical, not a merely
    theoretical, activity. Its weakness is that doing something is not an
    end in itself.

    Doing things is something widely admired today, so much so that someone
    who “has done a lot” can be praised even if it is not very clear
    whatever he did that for. We have to think of ends and consequences. We
    act to do something or to get something. Did we achieve the end we
    aspired to? What we do has results. How do we feel about them?

    Idealism

    Its strengths and weaknesses mirror those of pragmatism. Its strongest
    point is its attention to ends. The loftiest values are very important
    to us, give sense to our life and actions. Ideals are not necessarily
    utopias (utopia, a word coined by Thomas More, means etymologically no
    place).

    Ideals are not unrealizable ends, they just can not be achieved
    immediately, completely, perfectly. They are in fact found everywhere
    in provisional, incomplete, imperfect ways. This is all right, but it
    presents us with a problem: if we have to admit that we will never have
    a perfect implementation of an ideal, how can we criticize an imperfect
    realization? The answer of some idealists is to center their interest
    in formulas, not in facts. Since we know that we will never achieve
    perfection, the only thing that matters is to be absolutely right in
    our formulation of the ideals.

    The Politics of the Left

    When a supposedly leftist party or movement is in power, all this may
    lead to a Manichean approval of everything the regime does. The right
    (the enemy) is always wrong, no matter what it does. The good side
    (ours, of course) is always right, whatever it does. The Soviet regime
    probably killed, tortured, terrorized, more people that the Nazi one.
    No problem, for some time at least.

    It took the left decades to understand the true nature of what was
    eventually called real socialism. When they did, the Soviet Empire
    dissolved from within, leaving an enormous void in the hearts of the
    faithful.

    What happens when the left is not in power is what really interests us
    here. Policies that have had scarce effect in helping the poor are
    defended because they are ideologically correct. A few decades ago many
    shared that ideology, but most people have moved in the opposite
    direction, and do not like the old leftist prescriptions.

    Some social democrats (González, Miterrand, Blair, Lula, Lagos) have
    done what to the eyes of the old left is at best a Socialist
    administration of capitalism. Whatever the truth of that perception,
    those politicians have done something at least for the poor, in
    practice, while the pure leftists go farther and farther away from
    popular support, and from power.

    In the United States the left demands that a politician like Kerry take
    positions that may be admirable examples of ideological orthodoxy, but
    which now would keep him from any position of power.

    Whither the Left?

    I think that Marxism is one of the secular religions proceeding from
    the Enlightenment, worldviews that have in their core a secularization
    of the Christian History of Salvation (deprived of the divine guarantee
    of success offered by the religious version, unless we assume that the
    role of divinity has been taken over by History). It sees history as
    ineluctable progress: at its end, there will be an earthly paradise,
    whatever we do.

    This belief did a terrible damage to the left, since it disconnected
    rational evaluation and success from the means used by the
    revolutionaries. No matter what strategies they used, or how clumsily
    they applied them, triumph was assured. Temporary failure was no
    argument against their way of thinking, just a setback that would
    inevitably give way to final victory.

    The self liquidation of what once seemed to be their earthly paradise
    was a terrible blow to their faith. Some have faced it in a way that
    would have surprised Marx enormously: making Marxism into an
    ideological superstructure of a Capitalist society.

    It is doubtful whether the unilineal left-right model ever was adequate
    for the complexity of the ideological universe, and now everybody
    admits that what is called the left is in a serious identity crisis.
    Still, many of us would insist that something like that must exist.

    I am not going to enter now the whole question of the reinvention of
    the left; I will concentrate instead in the attitude of many leftists
    toward the realization of its ideals.

    Ideological Purity or Service to Mankind

    Many leftists seem to think that the really important thing is to be
    faithful to the right dogmatic formulations of the left ideals. It
    matters much less or not at all if they are put into practice. Or, to
    put it otherwise, it is clear that they can not be put into practice.
    What one must do is to keep the purity of those formulas, and the best
    way to do it is to be out of power, in the opposition.

    Denouncing the wickedness of the right without the embarrassment of
    having to perform a perfect leftist policy, something one knows to be
    impossible. That is a way of being leftist. I think the problem is in
    the way we see the relationship between the ideals and their
    realization. The old left would say, as we have seen, that their
    realization was assured, so that was not their problem.

    A disenchanted left is used to think that the only possible thing is to
    keep saying the right things, even if one knew that had little or no
    effect in the real world. My solution is that we can realize those
    ideals in the way I said before: provisionally, gradually,
    incompletely, imperfectly; moving from a static conception of society
    toward a dynamic, historical one. And our duty is not to do them in a
    perfect and definitive way, which would be impossible anyhow, but to
    keep improving the imperfect, tending asymptotically toward the perfect
    realization.

    What the left should do, and what it can not see, is to take the
    necessary steps to bring social reality nearer and nearer to a real
    social good, to a society in which inequality and inequity tend to
    disappear, even if they never do in fact disappear.

    By static criteria society will always be imperfect, that is to say,
    unjust. Knowing that helps little. What matters is that it can be made
    less unjust, that we can cooperate to give it a dynamic that means a
    real movement toward a more just society and the improvement of the
    conditions in which our less fortunate siblings have to live. And the
    effective way to do this is to build popular strength, to convince
    great numbers of citizens to support what is supposed to be the cause
    of the people, a goal that seems to be now, paradoxically, very far
    away…

  • Rocha's Friends Respond to 'No Bill' of Cop who Killed Him

    By Greg Moses

    Sarah and Roxanne knew Daniel Rocha in high school, so at the press
    conference called by Poder, LULAC, and the ACLU, they shared a sign
    protesting the grand jury’s decision to issue no indictments against
    the police officer who
    killed him. Both Sarah and Roxanne say the same thing about the
    situation: "Daniel was a small guy."

    "Daniel was pretty cool," says Roxanne. "I had a dance class with his girlfriend, so he was always at the
    door waiting for her. He always had a smile on his face. He
    was always making everyone laugh. He would tell a lot of jokes." That was back in 2003 before Roxanne had her little girl,
    Justice. "Her dad named her that." In fact, Sarah and Roxanne, who are cousins,
    were at the courthouse Tuesday so that Justice could visit her dad
    at the county jail. He’s been there for a couple of months, but
    he should hopefully be getting out later this week.

    Anyway, when the cousins saw what the protest was about they said to
    each other, "let’s stay out here." At first there were enough
    signs so that Roxanne and Sarah could each hold one, but then a guy
    came to the protest who didn’t have a sign, so Roxanne gave him hers,
    and after that she shared Sarah’s, all the while holding Justice on
    her shoulder.

    According to reports coming out of the courthouse Tuesday, the officer
    told the Grand Jury how she had lost her taser while pushing Daniel to
    the ground and feared that if he had the taser, he might use it against
    another police officer at the scene and take that officer’s gun. "I
    have been in a number of fights before and never have I felt this
    scared and afraid. Instinctively, I grabbed for my gun and shot him
    once. Self-preservation took over."

    One news report Tuesday night stated matter of factly that Rocha "was
    shot in the back as he stood over another officer who had fallen during
    the fight." But witnesses reported that the officer who did the
    shooting was standing over Daniel when she pulled the trigger. And Daniel was "already on the ground."

    Says attorney Bobby Taylor in behalf of the Rocha family: "What we’re
    being told is that the officer did not know where her Taser was, and that’s
    the justification for shooting him in the back. That’s the
    justification for it. That’s it. She did not see him with it. He did
    not threaten her. If I were a police officer I’d feel pretty
    comfortable in doing whatever the world I wanted to do."

    The Police Officers Association sees it as fair warning: "I think it
    tells people, ‘Don’t fight the police when we’re out there trying to do
    our job.’ I think the public and the law states that you have to comply
    with the officers," said the association’s rep.

    Buried under Tuesday’s events was the memory that of three cop cars at
    the scene that night, none of them was able to produce the required
    video tape. One machine was empty, one malfunctioned, and the third car arrived too late, said police.

    At any rate, says Sarah, "There were two cops there, and Daniel was a
    little guy." The Grand Jury, she thinks, is "full of themselves."
    Their decision to issue no indictments really, really, really upsets
    her. "They have all the evidence there, but like a friend of mine
    says, guns don’t kill people, police kill people. He wasn’t that
    big."

    "I’m not going to lie to you," says Sarah when I ask her about
    Daniel. "He was a good guy, but I’m not going to say he didn’t
    have some bad times. He was in and out of juvenile. Some
    was for drug charges." As she sees it, Daniel drifted into hard
    company in a hard neighborhood, he had no dad, but he cared.

    For example, the last class she shared with Daniel was a self-paced
    computer lab where students could make up for classes they had not yet
    passed. Daniel was doing some math there. Sarah was doing
    some history. She recalls that he was concentrating on his work, but he
    would get up and start dancing now and then.

    She remembers in early March that Daniel took his camera
    to school and talked about pictures that he had taken of his mom. "I
    love my mom so much," she recalls Daniel saying. "I know I’m
    stressing her out really bad. I need to stop." But soon after that he
    got into a fight, which caused him more trouble at school. They didn’t let him graduate.

    Sarah senses that living in a troubled neighborhood is a double threat
    to kids like Daniel. There’s the trouble they can get into, and
    there’s the trouble that people will think they are up to, whether or
    not they are. She thinks that because Daniel was caught in a car
    that had just driven out of a poor neighborhood that "the cops took it
    the wrong way."

    Police say the car had been spotted in a drug transaction while under
    surveillance, but Sarah asks if the car was under surveillance, why
    weren’t the police better prepared for the stop? If this was a
    planned drug trap in the first place, why was it handled like a
    routine traffic stop, three suspects, two cops? And the missing video tapes? "Maybe
    if there was one car and that video didn’t work, but all of them?
    I don’t believe that."

    For Sarah, there is an attitude of suspicion that cops bring to the
    neighborhood that makes her angry. It also makes her worry about
    baby Justice, who also lives in a troubled part of town. "What if
    one day she’s at the wrong place at the wrong time. Just because
    she has black in her, just because she’s Hispanic, just because she’s a
    different color…"

    But most of all she wants the world to know that Daniel had not yet
    given up on himself. "He had dreams. He was trying to take
    care of his mom. He had goals set for himself." Daniel
    talked about starting his own clothing line named D-Roch that would
    feature jerseys, shoes, and pants. He dressed like he cared about his
    clothes.

    "If it was raining," says Sarah, "and if he was wearing new shoes, he
    would wear bags over his shoes." Over the telephone I hear a
    little puffing sound as Sarah laughs through her nose. That was
    Daniel, not too proud to wear bags on his shoes in the rain. "He
    took real good care of himself. I really want you to put it out
    there that he wasn’t a bad person."