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Indybay Feature

Fascism Prevails Again: Hung Jury in Pepper Spray Case

by Anti-fascist
The horror of American fascism has again sunk to greater depths with a second hung jury in the pepper spraying of forest activists' eyes and face by a federal jury in a San Francisco courtroom.
The horror of American fascism has again sunk to greater depths with a second hung jury in the pepper spraying of forest activists' eyes and face by a federal jury in a San Francisco courtroom.

This time we had a verdict of 6 to 2, with 2 fascists insisting that allowing the police to put pepper spray is not such a bad thing, it is not so painful (did they try it on themselves?!) and the protesters deserved it, which is to say, the First Amendment right to free speech and right to petition for redress of grievances (protest) be damned!

The plaintiff protesters were willing to accept a split verdict, but the fascist attorneys, representing the goons of the Humboldt County Sheriffs Department, would not. If neither side accepts a split verdict in a federal case, which otherwise requires a unanimous verdict, then it is hung jury, by definition, favoring the defense, as the horror of pepper spray applied to eyes with Q-tips and direct, close range pepper spray on the face is thus still allowed.

The plaintiffs are considering a third trial, and they should certainly demand another trial, as all our lives are on the line. If the police can get away with this, anyone else is next, and the next victims will certainly not be a handful of people locked down to protest logging of ancient trees, a worthy cause, but anyone else the government does not like, which is to say, the workingclass and its allies.

Every single member of the Humboldt Sheriff's Department and the Humboldt County District Attorney's office who supports this criminal use of pepper spray should be fired immediately and all attorneys who support this use of pepper spray should be disbarred immediately and forbidden to ever practice law again, as they are all criminally insane. The use of pepper spray by anyone should be banned.

We have seen too many verdicts like this in "progressive" California (not part of the old Confederacy), usually in state civil rights cases protesting police brutality, where the jury sides with the police in favor of obvious police brutality, the most famous being the beating of Rodney King and his passenger, with a witness' videotape rolling in the early 1990s. There have been many others since then, including right here in San Francisco and Alameda Counties.

Clearly, the middle class who usually sit on these juries need to be told that to vote for police brutality is to vote for fascism and is to be viewed as a Ku Klux Klan jury. In other words, the attorneys for the plaintiffs have been too nice These jurors need to be put on the spot.

They need to be told exactly what is the meaning of civil rights. Every dab of pepper spray on a person's eyes and every bit of pepper spray dabbed on a face is a horrifying civil rights violation, each worth millions of dollars. Every single blow with the fists, feet, regular sticks or taser guns by a cop against a human being whom everyone admits is not threatening anyone is worth a million dollars as each blow is a clear civil rights violation. Hog-tying anyone is a gross civil rights violation, worth at least a million dollars. Murdering anyone who is clearly no threat is certainly a civil rights violation, worth much more than a million dollars.

This is all the bitter harvest of not having a serious labor movement in this country. It is clear that there are far too many people who have not seen any struggle in their lives and who have not experienced any suffering, sitting on these juries, supporting horrifying police brutality. These bourgeois Babbitts sitting on these juries need to be given stern lectures on the meaning of civil rights and the horror of being viewed as a Ku Klux Klan jury if they oppose civil rights.
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by fail to see the connection
Hey, you jumped from how bad law enforcement and this jury are to the KKK to the reason being that there is no strong labor movement in this country.

A lot of environmentalists don't work a lot on purpose, because we don't define outselves according to the work that we do for "the man."

by JQP
I have had pepper spray in my eyes and its not that bad. Is it a civil right to invade someones private property? I dont recall the first amendment saying anything about that.
by leo
I see. Anyone who disagrees with your opinion is a "fascist". I guess that means there are about 280,000,000 "fascists" in the country. Could you possibly, maybe, even consider the fact that a lot of people think the "activists" behaving like spoiled children got what they deserved? They could have been adults about it; making their point and then leaving when ordered to do so. But no, not with today's "activists". In their view, they are right, you are wrong, there is no disagreement, and if you disagree you are a "fascist". And you wonder why mainstream American loathes what you believe in and laughs at your tactics.
by now that you mention it
That's what the rest of the world thinks.
by oaklander
Respecting the rule of law involves respecting the views of individual jurors. While I might favor the activists in this case, I wouldn't presume that all who disagree adhere to fascism.

Fascism is also a questionable label to apply to the conduct of the defendants. They are thugs who chose to act more brutally when there was a less brutal option. The only reason that there brutality is being judged in a courtroom is because the victims are sufficiently privileged to bring this action to court.

Frankly, I'd rather see Tony Serra going after the CYA for their treatment of young people. Maybe he is, I don't know.
by leo
Bravo to above. Think, THINK about how mucn money these two trials have wasted. Hundreds of thousands of dollars, $$$$ in legal bills, court time, jury time, witnesses, blah, blah, blah. All for essentially nothing. Now, we hear they are going to request a THIRD trial. For what? Answer is EGO= "I was so very oppressed...such a martyr" Folks, they are alive and well - and lots of services will not get to poor folks because of these "activists". Isn't it time to move on to REAL problems?
by Roger
"Fascism is also a questionable label to apply to the conduct of the defendants. They are thugs who chose to act more brutally when there was a less brutal option. The only reason that there brutality is being judged in a courtroom is because the victims are sufficiently privileged to bring this action to court."

I'm curious as to why you - and so many other "radicals" - are keen on implying this is a bad thing.
by Mark
Oh, I see. These activists are now responsible for the hoarding of wealth in this country, is that right? These activists are now responsible for capitalism? The depths of poverty? A very convincing argument indeed! Hah! I'm sorry, but what a sick, pathetic joke.

And the reason isn't necessarily "ego" as you so snidely proclaim. There is a much greater issue of what's right and what's wrong at stake - which you're completely unwilling to even consider as you're so caught up in the financial aspect of it. But on that note...

The money was already allocated to go to the legal system, so why entertain the notion that these court cases are somehow taking food off of some families table? It's not true and you know it. You're merely playing on the heartstrings and, in the process, acting as an indirect defender of the state. Hope you're happy but from where I sit, you look as obnoxious, lost and snide as the peace police...
by Richard Kobzey (rek64 [at] hotmail.com)
censorship.gif
...
by Robert Sprye (beowulf [at] affv.nu)
You are right on the mark about the general opinion abroad of that 280,000,000 mass of bovine, supine, self fixated, consumers that like to wave American flags and talk about "liberty" on those special days....

That and the fact that American citizens of today have openly allowed:

1. their public elections (for what they are worth) to be subverted

2. their basic rights according to The Constitution and The Bill of Rights, taken away from them at one stroke

3. the deliberate and continuing murder of tens of thousands of innocent foreign civilians

4. the deliberate disenfranchisement and rape of Arab Palestinian Semite society and culture which can only be
sustained through massive US financial and military aid

The examples of the fact that the majority of American citizens are, to be blunt, a present danger to the planet and our mutual survival thanks to their inability to see beyond their personal gratification at any cost to others, are myriad.

In fairness, they are indoctrinated to be that way. Cradle to grave spin concerning a ficticious society of equals while a miniscule minority of ethically and morally despicable men
lie, cheat, steal, and murder for a material profit has created
a society of fools ever ready to sell out their own heritage of which they demonstrably know little, if it might mean a personal material or social gain for themselves.

So, like I said, by their actions are they known, and no amount of mindless flagwaving will alter the grim facts of their existence.

Sort of like Germany in the 30´s, don´t you think?


by Sefarad
You are superior to anyone else, huh?
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