Friday, May 17, 2013

I'm Shocked, Shocked, but not surprised - Silva Death

From:  Lewrockwell

May 15, 2013

Surprise, Surprise

One of the videos eyewitnesses shot with a cell-phone while cops beat David Sal Silva to death in Kern County, California, has “disappeared” now that the phones are in the sheriff’s department’s custody.
“Gosh, what a coincidence!” spluttered Kern County Sheriff Donny Youngblood. OK, that’s my paraphrase of his quote. He actually wrung his hands and moaned about the “questions” that the slaying raises and the Silva family’s sorrow and boasted he “totally understand[s]” because “we’re not just cops, we’re people, too.” And so, with his deputies busily destroying evidence, Don’s taken the “unprecedented” step of asking that paragon of integrity, the FBI, to conduct a “parallel” investigation with the Bakersfield PD. Since employees from the same office as the murderers won’t determine what happened that night but their accomplices will, we’re supposed to conclude Don’s just a regular guy, open-minded and fair, rather than a typically corrupt politician running a gang of killers.
Call me touchy, but I take issue with this thug, liar and thief's comparing himself with us. Don, you are scum and no more a “people” than Lon Horuchi, Lt. Calley, or the “air marshals” who slaughtered Rigoberto Alpizar in cold blood. Neither is any of the sleaze that “works” for you by preying on us and sponging off our money.
Meanwhile, Mr. Silva’s executioners are on “paid administrative leave,” i.e., a vacation courtesy yet again of us chumps, the taxpayers. Oh, but it’s not a reward for offing another serf, no, no, no. Rather, it’s “primarily for their own safety. Email threats have been received, [Don] said...” Yeah, right.
Finally, let us ponder the lessons Our Rulers have provided for potential eyewitnesses who record cops' brutality on their cell-phones. Those handy little gadgets are increasingly inconveniencing America’s hired brutes as their atrocities go viral on youtube; more and more, citizens’ taping reveals Barney Fife’s barbarity to all the world. That tends to put a crimp on Barney’s fun when he next encounters Otis under the influence. What to do? Well, intimidating the videographers, holding them in their home for ten hours until they surrender their cell-phones, earns you more unfavorable publicity. You need something else, something legal, something you can manipulate to show you’re a good guy doggedly pursuing the truth. How about if you keep the phones for “a forensic examination”? You can “copy” the “data” on them, then pass them to your buddies in the Bakersfield PD and the FBI so they can “forensically examine” and “copy data,” too. You can also “maintain a digital copy of the phones’ contents,” which means that returning the phones to their owners doesn’t end the invasion of their privacy – and of course, there’s always the threat that illegality on the part of those owners will surface from pictures, records of calls, or text messages on the phones, given that just about everything is illegal these days. How many folks will continue to whip out their cells and record cops’ savagery towards their fellow serfs if this sort of torment awaits them?
Our guy Don “said he sympathizes with the witnesses whose cell phones were taken” – oh, I’ll bet he does – “saying he also might be offended if it happened to him.” Ya think?
“One question coming out of this case,” continues the shockingly even-handed report from the Bakersfield Californian, “may need to be answered by the courts. Does the law support the detention of witnesses for up to eight hours in an effort to obtain possible evidence? It’s not uncommon for police to contain a scene before a search warrant if [sic] obtained, [Don] said. ‘What makes this case different, in a sense, is that these people were not suspected of a crime.’” No, cops merely abused them as if they were. “’They just had evidence,’ he said. ‘I think the courts ultimately will make that decision whether we did something right, wrong or indifferent, from a legal standpoint.’”
Why am I certain that the “legal standpoint” will be diametrically opposed to the moral one? (Thanks to Travis Holte for the link.)

Friday, May 10, 2013

Newspaper interview -5 Agent's raid womans home -No Warrant






 
Uploaded on Apr 8, 2010
Going too slow in an alley with out of state license plates is not a crime..
... however, men in uniforms with guns who beat a man , threatening his life and 'framing him' to cover for a gang of thugs who are acting under 'color of law' , ARE very serious CRIMES!!
...Who is going to stand up for their own private home against BIG BANKERS (and their HIGH POWERED ATTORNEYS trying to STEAL it by LYING), if not ME?
...see the raw footage I shot of 5 Agents busting in my home.. parts 1 and 2.. plus go to the more info for news links
...Research "Lords of Bakersfield" and WitchHunt, the documentary narrated by Sean Penn about the corrupt alleged' officials in Kern County and Bakersfield
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NOTICE and WARNING!
Ignorance of the LAW is no excuse!
.....I am a sovereign sentient being and I am exercising my lawful and unalienable rite-of-way to move freely upon the common roads via my private carriage and am not subject to any foreign jurisdiction outside of my sovereign jurisdiction. I am not engaged in any commercial activity, ie: driving, traffic, transport, business, or any other privileged, licensed or criminal activity.
...An unconstitutional legislative enactment, through law in form, is in fact not law at all. It confers no rights; it imposes no duties; it affords no protection; it is in legal contemplation as inoperative as though it had never been passed. Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425, 442.
Unless you have presented a warrant which is signed by a judge stating the cause of action and the nature of cause and accompanied by a sworn complaint by an injured party under penalty of perjury, then you have unlawfully seized me and I now have reasonable suspicion to believe you are committing a crime,
You lack any and all jurisdiction and are committing crimes under USC Title 18, for impersonating, kidnapping, involuntary servitude, false imprisonment, slavery, peonage, embezzlement, negligence, and other crimes which are punishable by fines and up to 14 years imprisonment for each crime.
I have every right to use equal or greater force to defend myself and my private property from unlawful acts forced upon me under color of law. see - (John Bad Elk v. U S, 177 U.S. 529 - 1900)

18 U.S.C. § 31 : US Code - Definitions
(6) Motor vehicle. - The term "motor vehicle" means every description of carriage or other... for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
(10) The term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration,... in connection with any business, or other undertaking intended for profit.
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....Law under Common-Law is not law unless a common/ordinary person can under stand it, that's the essence of Common-Law. The due-process clause of the Constitution mandates that regular people must be able to understand the law, if they can't then it is not law!
...In other word's you do not need a lawyer or a judge to understand the law. The construct of Trial By Jury relies entirely on this principle that We The People are completely able to understand the law. Samuel Chase, Supreme Court Justice and signer of the Declaration of Independence said: "The jury has the Right to judge both the law and the facts". And also keep in mind that he also said that "either we all hang together, or we most assuredly will all hang separately".
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The CONSTITUTION OF THE STATE OF CALIFORNIA, Article 1 section 9 says....
..Every ]man and woman] may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the ]freedom] of speech or of the press. In all criminal prosecutions on indictments for libels, the truth may be given in evidence to a jury of 'peers' ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives the man or woman shall be acquitted; and the jury shall have the right to determine the law and the truth.
...Of course the judges, lawyers and DA's do not want you to realize that we the people determine the matters at law, that way they can dupe you into believing that the law says something that it does not say and they can charge you exorbitant fees to 'understand the law'.

Ba'al chasin their tail 12 23 2010






Uploaded on Dec 30, 2010
see playlist " Legal Kidnapping in America" where Joe Baker was a victim of police brutality, framed by the courts and 5 agents (buddies of these goons), broke into Star and Alan's home at 6am without a warrant.. and terrorized them last march... caught on film.

Bakersfield CA Police Beatdown Disabled Marine Vet in Front of Kids




Published on Apr 2, 2013

Star Hills' saga continues in Bakersfield






5 Agents busted in Unlawfully! Caught on film - hand camera





Uploaded on Mar 30, 2010
see KGET TV News in Bakersfield April Fools day 2010 TOP STORIES
http://www.kget.com/mostpopular/story...

April 2nd and 3rd.. STILL the TOP STORY on channel 29, and 58 today April 3rd!

http://www.bakersfieldnow.com/
http://www.bakersfieldnow.com/news/lo...

http://www.kget.com/mostpopular/story...

Sheriff's busted into my private home at approx 6 am on Tuesday March 30, 2010. They banged on the door and yelled "Open up... Kern County Sheriff" etc.. for about 4-5 minutes.. I was alone and they were looking for Joe, the man they beat up on the roadside a few months ago in Bakersfield, California. (see video "Joe Police Brutality on my channel" They said they had a warrant but when I demanded to see it, they then retracted their statement and said "We don't NEED a warrant!!" They threatened to arrest me.. and tried to ORDER ME in my private home to "{back off" of them. See for yourself if I backed off... I do not follow orders of color of law nazi military agents.. they have NO AUTHORITY and NO JURISDICTION. They unlawfully entered and terrorized me. Then they went to my friend Alan's dad's house where he was and approached him with guns at his head and threatened to "RIG" a drug test on him to frame him for something. They also said they would kill Joe if they find him. They refused to identify themselves and when I asked one if he was a robot.. he replied "YES"!

CITIES AND COUNTIES CANNOT VIOLATE THE FOURTH AMENDMENT

U.S. CONSTITUTION Amendment 4. Search and Seizure. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. We have forgotten that this was drafted to correct the evils of swarms of the King's officers barging in, and arbitrarily confiscating seditious material, which was determined by them to be seditious, without benefit of a judge or a public trial. Today, we see the same set of circumstances ñ invasion and terrorism because somebody else invaded our privacy and did a bench trial because they determined that our lifestyle was seditious.

People v. Camacho, 23 Cal.4th 824; 98 Cal.Rptr.2d 232; 3 P.3d 878 (2000): Police observation from non-public area constitutes unlawful search. The County is liable for Fourth Amendment violations, and has no immunity when its employees trespass upon areas that ìmembers of the public cannot be said to have been implicitly invited. No such implicit public invitation exists in a side yard, back yard, or neighborís yard for county employees or anybody else to conduct invasion of privacy and/or pretextual search without probable cause to inventory livestock or other property by peeking over or through fences, even chain-link fences, which are there to exclude the eyes of strangers and trespassers.

U.S. v. Hotal, 143 F.3d 1223 (9th Cir. 1998). To comply with Fourth Amendment, anticipatory search warrant must either on its face or on the face of the accompanying affidavit clearly, expressly, and narrowly specify the triggering event Consent to search that is given after illegal entry is tainted and invalid under the Fourth Amendment. Plain-view doctrine did not apply to seizure of evidence from defendants residence after officers conducted initial search based on invalid anticipatory search warrant Plain-view doctrine does not apply unless the initial entry is lawful pursuant to a valid warrant The county is liable for its agents/employees stealing anything without probable cause on a tainted warrant that fails to narrowly list things with particularity that are connected with a crime, and that fails to have an attached affidavit from a victim injured in his or her business or property. State and federal law protects the unalienable right to own property / livestock, so the county is liable for its employees fabricated charges and pretextual search without probable cause.
  • Standard YouTube License

POLICE BEATING GUY ALREADY IN HANDCUFFS



 

Published on May 11, 2012
BAKERSFIELD POLICE DEPARTMENT BEATS GUY WITH BATTAN AFTER HANDCUFFING THE GUY ON THE FLOOR LEAVING HIM WITH DISLOCATED ELBOW TWO BROKEN FINGERS AND ANKLE INJURIES.

Dad who died during arrest 'begged for his life'; witness videos seized


COMMENT - Article includes more photos.  


Thursday, May 09 2013 07:07 PM
BY LAURA LIERA AND JASON KOTOWSKI Californian staff writers 
lliera@bakersfield.com; jkotowski@bakersfield.com

Blood stains are still visible on the sidewalk at the corner of Flower Street and Palm Drive, where a Bakersfield man struggled with as many as nine officers and later died this week.
David Sal Silva, 33 and the father of four young children, died early Wednesday morning after deputies say he fought with them and CHP officers who'd responded to a report of a possibly intoxicated man outside Kern Medical Center.
The Kern County Sheriff's Office says Silva resisted, a canine was deployed, more law enforcement arrived, batons were used and the man later had trouble breathing. He was taken to KMC, where he died. An autopsy was slated for Thursday, but no results have been released.
Some witnesses apparently took cellphone video of the incident but deputies moved quickly to seize the phones. The Sheriff's Office, after releasing a statement Wednesday and naming its officers Thursday, declined all further comment.
People who say they witnessed the incident as well as Silva's family members described a scene in which deputies essentially were beating a helpless man to death. They were indignant that cellphone video had been taken away by deputies.
"My brother spent the last eight minutes of his life pleading, begging for his life," said Christopher Silva, 31, brother of the dead man. He said he's talked to witnesses but did not see the incident himself.
At about midnight, Ruben Ceballos, 19,was awakened by screams and loud banging noises outside his home. He said he ran to the left side of his house to find out who was causing the ruckus.
"When I got outside I saw two officers beating a man with batons and they were hitting his head so every time they would swing, I could hear the blows to his head," Ceballos said.
Silva was on the ground screaming for help, but officers continued to beat him, Ceballos said.
After several minutes, Ceballos said, Silva stopped screaming and was no longer responsive.
"His body was just lying on the street and before the ambulance arrived one of the officers performed CPR on him and another one used a flashlight on his eyes but I'm sure he was already dead," Ceballos said.
Other relatives demanded to know more.
David Silva's mother, Merri Silva, 54, said, "If I don't do anything about my son's death then it will just be pushed to the side and I don't want this to happen to another person."
Sheriff's spokesman Ray Pruitt said a KMC security officer called deputies at about 11:55 p.m. Tuesday to report that there was a man in the area who was possibly intoxicated. A deputy with a canine found Silva at the southeast corner of the intersection and contacted him. It was then that Silva resisted and fought the deputy while the deputy tried to take him into custody, Pruitt said. More deputies and two California High Patrol officers arrived to help, Pruitt said.
Asked to respond to the family and witness allegations, Pruitt said no one from the Sheriff's Office will comment or release information regarding the case until the investigation is over.
The office did identify the officers involved in the arrest as Sgt. Douglas Sword and deputies Ryan Greer, Tanner Miller, Jeffrey Kelly, Luis Almanza, Brian Brock and David Stephens.
The CHP hasn't released the names of its officers at the scene.
On Thursday afternoon, Christopher Silva said the family had not yet been able to see his brother's body, but had learned about different witnesses who had taken video footage of the incident.
"The true evidence is in those phones witnesses have that apparently the sheriff deputies already took," Silva said. "But I know the truth will come out and my brother's voice will be heard."
John Tello, a criminal law attorney, is representing two witnesses who took video footage and five other witnesses to the incident. He said his clients are still shaken by what they saw.
"When I arrived to the home of one of the witnesses that had video footage, she was with her family sitting down on the couch, surrounded by three deputies," Tello said.
Tello said the witness was not allowed to go anywhere with her phone and was being quarantined inside her home.
When Tello tried to talk to the witness in private and with the phone, one of the deputies stopped him and told him he couldn't take the phone anywhere because it was evidence to the investigation, the attorney said.
"This was not a crime scene where the evidence was going to be destroyed," Tello said. "These were concerned citizens who were basically doing a civic duty of preserving the evidence, not destroying it as they (sheriff deputies) tried to make it seem."
A search warrant wasn't presented to either of the witnesses until after Tello arrived, he said, adding that one phone was seized before the warrant was produced.
Tello said the phone of the first witness was taken after the deputies told him he was either going to give up the phone the easy way or the hard way.
"They basically told him they were either going to keep him at this house all night until they could find a judge to sign a search warrant or he could just turn over his phone," he said.
The witness gave up his phone two hours before he had to get to work and was told by deputies that he could collect his phone the next day after they had extracted the evidence they needed, Tello said.
However, the witness never got his phone back, Tello said, and was told it could take years before he does because the investigation could take a long time.
"My main concern is that these witnesses are not harassed by deputies because this case can make others who see crimes happening not want to speak up because of the way law enforcement handles situations," Tello said.
Local defense attorney Kyle J. Humphrey said, generally speaking, he believes law enforcement can seize cellphones or cameras at the scene under the theory that they've captured evidence of a crime. Because of the digital nature of the evidence, they could argue that it's urgent they immediately take the cameras.