Gone But Not Forgotten - Justice for Oscar Grant! Family Vigil, Fruitvale BART: photos

The Oakland police department and BART officials fought against these events every step of the way, especially the community events. Oscar Grant's uncle, Cephus Johnson, and Jack Bryson, father of two of Oscar Grant's friends on the Fruitvale platform with him when they were all abused by BART police and Oscar was murdered, were harassed about the events for most of the last month. At one point, BART actually canceled even the vigil they had long promised the family, but eventually relented and allowed it to proceed. First BART promised the family a sound system for the vigil, then said all they had for the family was a power outlet that they could plug into. Turns out that even that outlet was unusable for a sound system, so Cephus personally rented the sound system, the stage, and a power generator for the event at a cost of $1700 (Oakland Councilperson Desley Brooks and Minister Keith Muhammad helped to offset the costs to family).

BART officials such as Community Relations manager Roddrick Lee and representatives from Mayor Dellums' office called Cephus Johnson to one or more meetings with them, where they could work him over, so to speak, as they told him about OPD threatening to stop the events, and they tried to divide him from community activists who were organizing cultural and more youth-oriented events focused on justice, as opposed to the vigil Cephus was organizing to feature local politicians and clergy. OPD was insisting that all three scheduled events marking the one-year anniversary were "special circumstances" events requiring a permit and actively worked on intimidating the family by calling them and telling them that they would be held responsible if anything popped off like the street rebellions of last January, even if it had nothing to do directly with their organizing efforts.

At the final meeting with BART, Dellum's and OPD officials, two community organizers attended and reported that OPD was declaring that they would not allow an unpermitted event to proceed at the Humanist Hall, despite the fact that the Humanist Hall hosts dozens of events every year that are not required to hold a permit (a small minority of events there are). OPD, playing good cop and bad cop at the same time, assured Jack Bryson, Cephus Johnson, the three community activists, and Nation of Islam members present that they really wanted to allow the event, but that organizers would have to come up with ten "guard card" certified security people for the Humanist Hall, as if there would be a riot inside the building. OPD was represented by Sargeants Espinoza and Hookfin, both of whom supposedly pushed back against Captain Downing, who wanted to block event. OPD also attempted to divide the diverse community of activists who have been fighting for justice by playing up fears of anarchists disrupting events. OPD said they had no concerns about the event until "concerned citizen" Abdul-Jalil al-Hakim, an Oakland entertainment promoter who had attended General Assembly organizing meetings, came to them and said he was worried that the group was planning something that would lead to "violence" even though he knew full well that organizers were intent on holding a "safe" event where youth of color would be welcomed to reflect on their feelings about the murder of Oscar Grant and other police violence.

Jalil, like OPD, had attempted, rather successfully, to split Cephus from community activists, and his disruptions were highly counter-productive to the work of the General Assembly in organizing the evening event at the Humanist Hall. Tensions and aggravations were heightened and time was lost that could have been spent moving forward on event planning. Cephus and Jalil -- in complete contradiction of the very early agreement that Cephus and family would organize for the vigil and the community would organize for the rally and cultural gathering, as well as the democratic structure of decision-making within the General Assembly -- attempted to take over planning for the Humanist Hall event. The community pushed back and Jalil left the group and Cephus allowed the Assembly to continue planning evening events themselves.

Still, OPD was pressing Cephus and Jack Bryson to comply with their requests for a permit and eventually won out, largely due to the fact that Jack had been the signatory for the Humanist Hall event and OPD was threatening him with legal responsibility for anything that happened, even outside of the venue. OPD did reduce the number of guard-card security people required to four instead of initial demands of ten plus securing an event insurance policy, and OPD dropped the fee for the permit (being that it was a free community event, not some concert with $10-$20 tickets for admission). OPD also waived a 21-30 day advance notice requirement. Nation of Islam members stepped up to satisfy OPD's security guard requirement.

The vigil itself, in some ways, became more of a political rally for powers that be than the somber candle-lit event originally proposed by the family. This was largely due to the influence of Jalil, who continued to work with Cephus on planning the first event of the day. Speakers were instructed not to discuss police or demands for justice, as reported to others by long-time activist Barbara Bechnel who was invited to speak. Jasari X was told the event was canceled, likely so that he would not appear and say anything "controversial." No youth were welcomed to speak, despite that fact that Oscar Grant's friends, terrorized by BART police on the Fruitvale platform on January 1st, 2009, still struggle with the horror of their mistreatment and the loss of a friend -- and despite that the issue of police violence against citizens most often impacts young African American and Latino men.

While Oakland Mayor Dellums has done nothing of note to secure justice for Oscar Grant nor the others murdered and abused by police in the city, the mayor was invited to speak -- Dellums was a no-show though. Similarly, a number of the others on stage have not been involved in the movement for justice for Oscar Grant in any way that this author is aware. BART Board Director Carole Ward-Allen was invited to speak, and BART was thanked profusely on stage for their supposed work towards rectifying the many serious deficiencies and corruptions in their police department.

Off-stage, a few days prior to New Year's Eve, BART and Cephus Johnson released a joint press statement that called for calm on the one-year anniversary, as might have been expected. What took community activists by complete surprise, leading to great angst and outrage, was that Cephus took it further by declaring in the press release that "[in] the year since my nephew was killed, I truly believe positive changes have occurred in the BART Police Department and many more will come. We want to thank the public for their continued involvement in making the BART police the best it can be as we enter 2010."

What positive changes exactly? BART has not fired a single person related to the murder of Oscar Grant nor the subsequent cover-up attempts. BART has claimed that they have increased training for its officers, yet incidents like the BART officer who slammed a passenger into a glass wall are still happening (and that one is known only because it was caught on video). The only concrete change BART police have made is removing the word "BART" from their uniforms. BART's PR machine gins up phony community support at press conferences while working behind the scenes with police lobbies to undermine a publicly agreed-upon proposal regarding BART police oversight. BART, who actively worked with OPD and others to undermine the vigil and community anniversary events. BART, who played games with the resources they would provide the family for the vigil at the Fruitvale station, even denying permission for the vigil at one point. BART, who had Director Carole Ward-Allen give the family flowers at the vigil on a stage paid for by the family spoke using a microphone also paid for by the family. BART, who promised a minimal police presence at Fruitvale but delivered anything but as you will see in the photos below.

What community involvement? The community has given up on negotiating with BART since that sham of a press conference and the police oversight double-cross in August. Virtually no one, except for yours truly, even bothers to attend their meetings any more. BART has operated in bad faith one too many times over the last year. Consider this report by Reginald James on a December public forum BART held regarding the replacement of corrupt and incompetent former BART Police Chief Gee, who was allowed to retire with full benefits rather than be held accountable for any of his failings...

IndyBay journalist Dave Id came to record the hearing but felt obligated to speak in the absence of community members.

“I look around and there’s almost no community members here,” Id said. “The community has basically given up on you.” He added that “only two board members here, I think that reflects poorly on how seriously you are taking this.” He then reiterated the demand many made earlier this year that GM Dugger be fired.

And so Carole Ward Allen and numerous others, either unaligned with or unrecognizable to the struggle for justice for Oscar Grant, were honored guests at the family vigil. Despite this, community activists remain committed to push forward with their long-sought demands for justice at BART and in the trial of Johannes Mehserle in Los Angeles, and they started with the anniversary rally at Fruitvale BART and the successful cultural gathering at the Humanist Hall that will be featured in two more reports to follow this one.


More photos and audio from the family vigil can be found here: http://www.indybay.org/newsitems/2010/01/02/18634083.php.


Demand Strong Civilian Oversight at Assembly Hearing on BART Police Oversight, Tuesday, January 12: http://www.indybay.org/newsitems/2009/12/22/18633424.php


There is currently a memorial at Fruitvale BART on the bus side of the station for those interested to leave candles, notes, and other mementos and statements that BART said it will allow for ten days. Feel free to contribute to it while you still can.