Category: Uncategorized

  • Chief Orders Evidence Removed from Austin Police Custody

    Austin Police Chief Stan Knee requested that blood and urine
    samples be seized by the district attorney for ‘safe keeping’ after a
    second round of tests from a slain police suspect contradicted last
    month’s findings that the 18-year-old was drug free the night he was shot in the back and killed.

    "The Austin Police Department is disturbed by the inconsistent
    findings," said a statement posted at the police department web
    site. The statement does not say which drugs were found or in
    what amounts.

    "Immediately upon being notified of the results, I contacted the
    District Attorney’s Office and urged them to seize the blood and urine
    evidence and send it to a third party laboratory for analyses," said
    the statement from the Chief. "They have agreed to do this. We have
    also notified the Federal Bureau of Investigations of this event."

    One television station reported that "suspicions were confirmed" when
    the second test was reported, but which suspicions were
    confirmed? Suspicions that the victim was involved with
    drugs? Suspicions that the truth of the incident may never be
    known? Suspicions concerning the pattern of police irregularities
    in this case?

    "Since this case remains under investigation by both the Travis County
    Grand Jury and the U.S. Department of Justice, our ability to comment
    is limited," concluded the statement from Knee.

    For more on the incident, see Dove Springs Speaks about Rocha in our archives of June 2005.

  • Forensic Analyst Report

    Probable body positions:

    Probable body positions for the deceased include down on one or both knees or bent over at the waist.

    Probable body positions for the shooter include standing or kneeling to the left front side of the deceased.

    Additional movement of the shooter is possible if the arm is bent instead of straight out.

    TBI, LLC A Forensic Education & Consulting Company (Norman OK)

  • 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 Docs: Summary Evaluation

    By Greg Moses

    Below are transcribed excerpts from the Rocha files released by the Travis County District Attorney’s office following an announcement that the Grand Jury had decided to issue no criminal indictments. Here are a few key phrases:

    • Rocha’s body was off to my left side but now he was on top of my boss. I could see Sgt. Doyle and Rocha fighting.–Julie Schroeder
    • 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….–Schroeder’s boss
    • The path of the gunshot wound was back to front, left to right, and downward.–medical examiner
    • Probable body positions for the deceased include down on one or both knees or bent over at the waist.–Forensic consultant
    • I could see Julie standing to the east of an unknown male who was laying face down on the ground and Sgt. Doyle was on his knees on the west side of the subject–Backup Cop
    • I hear the guy say "weapon" but I didn’t see anything in his hands. I saw him get on his hands and knees and saw the female officer with her left hand trying to put him on the ground and she was kinda kneeling with her left hand and knee. I saw her with a gun in her right hand. I saw he was lying flat. I don’t know if the guy was fighting with the officer or resisting because I did not see that. I thought that the police were going to arrest him and put him up. I walked off back to my house but then I heard a shot….–Witness

    What to make of this sad, sad stack of docs? There is no question that Daniel Rocha had been a troubled kid and was making some poor choices in the first weeks of his adult life. He was very likely engaged in illegal activity of a not very unusual kind on the night he was killed. He was involving himself in petty drug dealing. From the testimony of friends and teachers, Daniel was a spirited character with an outlaw edge.

    The record shows that he was also doing things that anyone would call cops to stop, such as burglary or theft. But on the night of his death was he engaging in the kind of behavior that justified a killing? If he was no role model, he was also no monster, and no stack of previous behaviors attributed to him would warrant anything near a summary execution–not even in Texas.

    In this case, it appears from the evidence released by the grand jury that Officer Schroeder displayed a pattern of poor judgment in her impulsive decision to make the traffic stop and in her life or death determination to detain Rocha right then and there. Reports from her partner and her boss indicate that they were not quite prepared in advance for the ‘take down’ when she abruptly initiated it.

    The inability of Schroeder and her boss to contain Rocha even when double teaming him indicates that the ground was poorly chosen for this action. From the time Officer Schroeder threw her car into reverse, the tone for this tragedy was set. It is difficult to imagine that good cops would find this a worthy pattern of action.

    The expert report from Oklahoma indicates that the probable position of Daniel Rocha at the time of shooting was on one or two knees or bent over, with Officer Schroeder at arm’s length to his left. In other words, the probable positions confirm Officer Schroeder’s statement, that Rocha was not fighting her at the time of the shooting.

    Schroeder’s claim that Rocha was doing something more than trying to get away from her boss seems incredible when compared to her boss’ statement that he was hanging onto Rocha’s foot. So there is no question that Daniel Rocha was playing with fire in his gangsta attitude, but there is also an expectation that cops are trained to deal with such cases in ways that do not escalate into on-the-spot executions. I think that’s why they are called peace officers. To kids, especially teenage males, we have to suggest better things, but then again, we have to be pretty careful that we not pretend to have offered Daniel a well-chosen world to work with. When I think of the comment that he had a slight learning disability, then I can see how he was following the wrong crowd, he just wasn’t so quick as the one who first jumped the fence. A slight learning disability is all it would take for that moment of hesitation, then that moment of tragic motivation to follow his friend over the fence.

    Did Officer Schroeder raise a gun to that first escapee? No, she called him by name, just to let him know that she knew who he was and where to find him another day. He climbed a tree, waited, and lived to hear the shot. What was so different about Daniel that night?

    I don’t know if the Police Association intends to come off this way, but in their public comments about this mess, they seem to indicate that any resistance to police may very well justify deadly force. In other words, they want absolute authority in this life. If this is the message that the grand jury was trying to send–‘obey or die’–then the grand jury has run too far into police state mentality. Everyone has a role to play in breaking cycles of unfairness. Unfortunately, in these docs one finds too many trails of continuing evasion.