Posted by: benbacsierra | May 20, 2016

The People Fired SFPD Chief Suhr

Frisco Five Lowriders at Mission PoliceThe corrupt spirit of the San Francisco Police Department has been smashed.

It was not the politicians who fired the chief. It was not the billionaires that helped the poor. It was not the new techie hipsters that led us with their innovation.

The people, the locos y locas, the roots fired the chief of police of the richest city on planet earth.

It was not the policies that reformed the police department; it was the movement on the streets.

It was not the goodness of their hearts that made them change their minds; it was the blood on the concrete.

RIP Jessica Williams. RIP Alex Nieto. RIP Mario Woods. RIP Amilcar Perez Lopez. RIP Luis Gongora. RIP O’Shaine Evans.

There are more, too many more names to grieve. And mourn we must. And continue we must. There is only one way—not forward, but upward. For all of us.

Some may ask what does the firing mean, and I will respond, as always: Spirit Matters Most.

Now that the chief of police has been disgraced, all the police officers have been humiliated and humbled, which is good for them. Let them know how we constantly feel walking down the block, sitting in the classroom, and trying to just live our lives. Now they will know they are not the gods they pretend to be. Now they know the power of the people.

A Black man has replaced ex-chief Suhr. Allow the racist police to swallow that symbol. After having been so blatant with their bigotry, they must now accept orders from a person of color, from the type of person who they constantly kill. Or they must quit. Or stay and be confused and angry and frustrated and doubtful and stressed. Their world has turned upside down. The old guard has fallen.

For us, we can believe. It is a hard thing to hold faith, to believe in the invisible, the spirit of humans in their finest form. Believe we can. For with nothing except our amor and action, we won the battle. With nothing but shouts on the streets, we beat the batons and guns. With the faith of locura, total illogic, we proved our genius over their books and intellectual or economic equations.

A special grito to Amor for Alex Nieto, The Frisco Five, The Mario Woods Coalition, and all those grunts who created and held the frontline.

Con Safos.

Benjamin Bac Sierra

Posted by: benbacsierra | May 13, 2016

Reading is a Key to Consciousness

Uncle Boys and The Thinker 008 - Copy

We need writers. From one of my new book manuscripts tentatively titled either Bone Mountain or Renaissance Homeboy:

Nietzsche’s ideas of independence and will to power were also rewarding because they humbled me. He forced me to question my courage. Independence, he argued, was only for the few, and the way that you proved your independence is that you would stand alone—maligned, ridiculed, and confused—yet you, desiring individuality, continued with the struggle anyway. At the end, your reward for being so self-reliant is that you would have no one to understand you, no one to help you. Isolation would be your multi-colored medal of honor.

As for the will to power, you, living human being, desire more than safe survival. Anyone can endure this life, Nietzsche argues. You are supposed to explode your will to power, to prove to yourself that you live, even if the process of proving life is sheer stupidity, like fighting against two plus two, what you and the most flagrant idiot is supposed to testify is correct. The logic or folly of the will is beyond the logic of numbers: it is an innate, childish search for daring and very likely destruction!

These thoughts influenced my writing and life more than the MFA workshops. Reading was a meditation and measure of who I imagined myself to be. Electrified to share these ideas on the wild streets, I most of the time could only pitch the punch lines to homies.

“Nietzsche says it ain’t just about surviving, Bros,” I explained while chugging a beer.

“Yeah, but we got to survive,” Pedro responded.

“Surviving is something anyone can do and is expected to do. That ain’t nothing special. Nietzsche argues we’re supposed to overcome ourselves and even our own morality. Independence is harder and sicker than just surviving. We’re supposed to strive for more, even if it goes against survival—you know like how salmon swim upstream, mate, and then die.”

“That’s a fuckin trip, homes.” Pedro’s head flailed everywhere, as if he didn’t know whether he should nod or shake, agree or disagree.

Through my eager energy, I acted out Nietzsche and other authors’ philosophies, but I did not see others changing as I was changing because of text-based ideas. There simply is no substitute for the experience of reading a text. Therein lays the magic: the silent inner-communication of reading is the gift and price to pay.

Reading is a key to consciousness. When reading, you got to shut the fuck up and listen, and what do you listen to, who do you listen to? Not even you know. ‘Cause that voice that enters into your brain is not your voice. You make-believe a song of someone you have never met or probably ever even heard about, and you mimic an accent that slurs in your mind but that is silent in real life because in real life that author you are reading is dead or in Algeria or China, so you imagine something that cannot possibly be true inside of your mind, yet you listen, and to do that you must be disciplined, attentive, and creative. To practice the skill of reading you must be confident in your own nothingness. Ain’t no substitute for the action and inaction of reading text, and the denser the text, the more complicated and paradoxical the text, the more you must question yourself and your own consciousness and what you thought you knew and who you believe you are. It is a time of uncomfortable peace and safety that forces you to construct your reality based on someone else inside your mind. Will you be bullied? Will you submit? Will you find patience and humility to listen to someone else besides yourself? Are you exciting enough to entertain another brain inside of your brain? Reading is, perhaps, the most intimate communication you will ever share.

A demanding statement to proclaim: reading transforms a person’s life.

 

Posted by: benbacsierra | May 7, 2016

General Strike, San Francisco, Monday, May 9, 2016

Frisco Five Boycott Image

 

With all your love, share and share far and wide:

 

General Strike, San Francisco, Monday, May 9, 2016

 

We, the people, invite you to join us for an unprecedented historical moment: a general strike of San Francisco this Monday, May 9, 2016. In honor of the Frisco Five Hunger Strikers and against SFPD killings of our brothers, we urge you to strike from work and school and to boycott any corporate restaurant eating and purchasing.

 

The time is ripe, and your action is needed now. Because of the Mayor’s unwillingness to fire corrupt police chief Suhr, the Frisco Five have been forced to prolong their hunger strike and have now all been hospitalized. It is time for all of us to action with honor, courage, and sacrifice for those who no longer have a voice, like Alex Nieto, Amilcar Perez Lopez, Mario Woods, and Luis Gongora Pat, all unlawfully killed by SFPD.

 

Instead of going to work or school, join us to peacefully picket in front of San Francisco City Hall starting at 8:00 a.m. Striking for a righteous cause is nothing new. Gandhi led the Swadeshi movement for Indian self-sufficiency. Martin Luther King, Jr. and Rosa Parks helped lead the Montgomery Bus Boycott against segregation. For farmworkers’ rights, Cesar Chavez, Dolores Huerta, and the United Farm Workers held strikes against grapes and Safeway stores. Striking is a successful strategy that all of us can contribute to for the sake of justice.

 

Wear red and black in honor of our fallen brother Alex Nieto.

 

General Strike, San Francisco, Monday, May 9, 2016

 

With all your love, share and share far and wide.

 

https://www.facebook.com/events/829260813873845/

Posted by: benbacsierra | March 22, 2016

OUR VICTORY: AMOR FOR ALEX NIETO, OUR BROTHER, OUR ANCESTOR

On March 21, 2016, we celebrated the 2nd year community commemorative of our brother Alex Nieto blessing us with his ancestral spirit. At the Mission Cultural Center in San Francisco, a rainbow of his soul joined us outside in the sky. Supervisors, writers, poets, and community warriors spoke, singers sung, danzantes danced, and I made a few points:

20160321_191055

  • Without knowing it, our ancestor Alex blessed us. We are together and we have become stronger, smarter, and more loving through the tragedy of his death.
  • Alex and I used to check each other about the movement. When we greeted each other, we would smile and ask, “What’s up with the movement?” Alex Nieto himself became the movement.
  • In the coming weeks, I will be gathering together all the history of this beautiful international movement that we as a community have created together. Our people must learn about our creativity and sheer genius in the face of all this adversity. I plan to then hold circles of culture where we can learn about this history together and invent new ideas out of it.
  • The trial taught us a few key lessons: we must take ownership of our own education. On a daily basis, we must challenge each other to read and write. We now have a public written testament of the entire judicial proceedings, and we can never forget what happened. We must grow from it. We cannot accept the books or the fantasies about justice that they teach our children.
  • We must also be brave enough to stand on our own. That jury proved cowardice. There is no way they could have believed the SFPD story. But even though they felt all the contradictions and knew the physical evidence was against the police narrative, key jurors that could have stood for justice remained with the crowd, the majority; they got tired, and they wanted to leave and go on with their lives. We must train ourselves to constantly stand up for righteousness and to make compelling arguments. We must also hold endurance. This two year journey has been about endurance.
  • We must continue, not forward, but upward, we march, we fly.

 

Our international story: Please read renowned author Rebecca Solnit’s article in one of the most widely read news sources in the world, The Guardian. This news publication was founded in 1821 and is recognized like The Wall Street Journal or The New York Times.

“Death by Gentrification: the Killing that Shamed San Francisco” by Rebecca Solnit

http://www.theguardian.com/us-news/2016/mar/21/death-by-gentrification-the-killing-that-shamed-san-francisco

 

AMOR FOR ALEX NIETO!

On Friday, March 18, 2016 Black and Brown leaders joined in an unprecedented rally at San Francisco City Hall. To watch this video is to watch history. Do not watch the mainstream media for fake reality; do yourself a favor and blessing and watch this entire video for the pure truth: SF Supervisors, religious leaders, community advocates, singers. If you would like to see me speaking, begin watching at 26:00 minutes into the video, but I urge you to watch the entire action. Thank you Ray Balberan for creating this video.

 

Amongst other things, we exposed a bona fide threat from SFPD Officer Roger Morse, one of Alex Nieto’s killers. On Facebook, immediately following the verdict, SFPD Officer Roger Morse threatened the Nieto family and Alex Nieto’s friend, presumably me. The following is a copy of the actual text posting on social media’s Facebook by Officer Morse:

“Smiling (referring to Alex Nieto). Ugh how about burning down his house and tazing his friend who pressed charges.”

Morse FB

 

Officer Roger Morse’s post is a threat in the English language.

I, Benjamin Bac Sierra, hold a B.A. from U.C. Berkeley, a teaching credential certificate and Master’s from San Francisco State, and a Juris Doctor degree from U.C. Hastings College of the Law. I am a college English instructor and cannot read his statement in any other way except in the correct English manner described above. Any implications that others are attaching to his words are pure speculation. The words must stand on their own, and we must trust the police officer writer knows how to write in English. I have heard no other explanation from the source himself.

FIRE OFFICER MORSE! FIRE OFFICER MORSE! FIRE OFFICER MORSE!

The Pure Truth (La Pura Neta):

 

Posted by: benbacsierra | March 11, 2016

A Letter to Privileged People

My Dear Privileged People,

Know who you are.

Know who Alex Nieto was:

Alex Nieto was a beloved son, college student, community volunteer activist, and a full-time security guard. On March 21, 2014, at Bernal Heights Park in San Francisco, privileged people called the police on Alex Nieto even though he had done absolutely nothing illegal and he had never even looked at them. When San Francisco Police Officers arrived to the hill, they shot at Alex 59 times. He did not survive 14 or more fatal injuries, immediately mortal wounds to his temple, spine, lungs, and chest and other wounds to his leg, wrist, shoulders, forearm, and hand. The police claimed he pulled a taser out on them, even though Alex had never been arrested in his life, and he had less than two hours before his work-shift as a security guard. Rookie officer Schiff claims that when he saw Alex Nieto walk down the hill, he looked into Alex Nieto’s eyes and saw his anger. He saw Alex’s forehead scrunch up in hate. Police officers claim Alex then pulled out his taser and tracked them with the taser’s red laser beam. Police officers assert Alex Nieto never had his hands in his pockets and that he performed a quick-draw-McGraw move on them, and throughout the encounter, Alex Nieto, even though he is being shot at and being fatally struck, that he continues to hold the taser in his hands, jumps into a military tactical prone position, and maintains menacingly pointing his non-lethal taser at police officers, even though he is shot in his wrist, hand, and forearm.

The original pool of approximately 30 jurors was at least 90 percent white. 10 of them knew police officers or were relatives of police officers. One white female potential juror was the wife of a San Francisco Police officer and desperately wanted to be on the jury. She said she would be impartial in the case. One white man wore a “Border Patrol” baseball cap. At least five of the potential white male jurors declared in open court that they would favor the police. The potential jurors were asked if any of them had ever had any negative experiences with law enforcement. One white lady juror almost started crying as she relayed how once she had passed by an accident and began to honk at the driver in front of her. A police officer told her to stop, roll down her window, and began yelling at her. She remembers that she cried for days and felt humiliated. She was the only potential juror to have claimed any negative interaction with police.

The final chosen jury consisted of five white women, two Indian (?) jurors, and one white/Asian (?) male. One of these white women claimed she did not know why anyone would sue the police for monetary damages. There were no Latino or African Americans on the jury.

The evidence undeniably proved the following:

  • A witness who saw the police kill Alex claims that Alex was casually walking down the hill with his hands in his pockets when police officers yelled “Stop” at Alex and then immediately began firing two volleys of shots at him, killing him.
  • Four witnesses claim that they heard the police shots fired and clearly distinguished two volleys, one volley and then a ten second pause followed by one more longer and intense volley of bullets.
  • This pause would clearly indicate that the killing of Alex Nieto was a murder. The police officers could not have been under a constant threat as they claim if they waited ten seconds in between volleys and then continued firing again.
  • Alex Nieto was wearing a baseball hat and sunglasses when he was killed. This was confirmed by a large hole defect in the hat that aligned with the shot in Alex’s head. Alex’s brain matter was found in the hat. This proves that rookie Officer Schiff was lying when he stated that he looked into Alex Nieto’s angry eyes and saw his forehead scrunch up.
  • When the criminal investigators arrived after the killing and took pictures of the scene, the taser was turned off. There is absolutely no way that this taser could have emitted a red laser beam or ejected taser wires. The police officers are clearly lying about the red laser beam.
  • Alex Nieto sustains all the fatal wounds described above, including shots to his head, lungs, spine, wrist, and forearm. It could simply not be possible that Alex Nieto could have continued to hold a taser in this condition. There are no pictures of Alex holding any taser or of him with his hands and arms extended downhill.
  • Most importantly, most convincingly, ALEX NIETO’S WRIST BONE IS FOUND IN HIS LEFT JACKET POCKET. There is absolutely no explanation for how that bone could have been in his jacket except, as the first-hand witness claims, Alex Nieto’s hand was in his pocket, not pointing a taser, while Alex Nieto was being killed by the police. This, of course, totally refutes the police narrative.
  • And if you still have questions about the case, visit the following site for accurate information: https://todobododown.wordpress.com/2016/03/10/the-trial-alex-nieto-versus-the-sfpd-closing-arguments-community-creativity-victory/

 

The jury decided against Alex Nieto and for the San Francisco Police Officers.

We, the people, did not lose.

Education lost: your fairy tale books about the way intelligence works were proven to be a farce. We argued better than you, with stronger evidence and more compelling logic. Does the stupidity of the verdict answer to you why we refuse to value your schools and teachers and puppet administrators?

We, the people, did not lose.

Your justice system lost: your sham is simply a tool to make-believe everything is fair and just and that we should accept your verdict like good players in a fixed game, where the odds are totally stacked against us.

We, the people, did not lose.

Your morality lost: you, with your white smile and perfect teeth, you were proven to be cowards who could not stand up for the right principle, for a real human being who was unlawfully killed. You feared going back to your villas in Clayton and Danville and telling your friends and family that you voted for a brown person and not the white, clean-cut poster officers.

We, the people, did not lose.

Your United States of America Constitution lost. It lost. You lost. Your lie of equality and freedom lost.

And it is only your naked conscience now that remains, your own personal empty humanity, stripped of predilections, fantasies, and superior justifications. Now, standing there exposed in your own soul, how will you respond?

If you are offended, it is not my fault. You made up the rules.

If you are challenged, it is your chance to do right and spread the news. Fight your father, your uncle, your sister, your privileged community.

We, the people, did not lose, for we continue with the truth, la pura neta: not forward, but upward, we march, we fly.

ALWAYS AND FOREVER AMOR FOR ALEX NIETO!

Benjamin Bac Sierra, M.A., J.D., USMC, SFM

End of Trial Alex Nieto pic

THE TRIAL: ALEX NIETO VERSUS THE SFPD: CLOSING ARGUMENTS:

COMMUNITY + CREATIVITY = VICTORY

Closing Arguments Photo

Share this posting far and wide and be ready for the verdict celebration: it does not matter what their decision is because we have proved our case beyond a reasonable doubt!

 

JURY INSTRUCTIONS:

  • The jury must find unanimously by a preponderance of the evidence that Alex Nieto was unlawfully killed by the San Francisco Police Department, that they violated Alex Nieto and his parents’ 4th and 14th Amendment rights under the United States Constitution.

ADANTE POINTER’S CLOSING STATEMENT:

  • This case is about 59 shots unlawfully fired by the San Francisco Police Department that killed Alejandro “Alex” Nieto. (The City Attorney objected to 59 shots, but the judge overruled her [During testimony, Inspector Cagney, lead SFPD detective investigating this killing, admitted that he knew it was 59 shots. Only 48 cartridge casings were ever found but 59 bullets were fired by officers, yet 11 cartridge casings were never found.]).
  • Justin Fritz and Timothy Isgit, the people who called the police on Alex Nieto, never had contact with Alex Nieto. Justin Fritz thought that he was simply a normal person at the park.
  • At 7:12:02: Officers are listening to radio transmissions relaying what Fritz states about Alex at the park: he is watching the sunset, eating chips, and hanging out. People are allowed to hang out and pace at the park. Officers know this is not an emergency situation.
  • The rookie and veteran police officer did not respond with urgency. They did not race to the hill because it was no an urgent situation.
  • At 7:12:20: Fritz is not alarmed at anything Alex is doing, but he is confused because Isgit is telling him they should just leave and the dispatcher is telling Fritz to observe intently.
  • At 7:14:16: Isgit relates to Fritz that Alex is touching the taser. THIS IS EXTREMELY IMPORTANT BECAUSE THIS EXACT TIME POINT COINCIDES WITH THE ORIGINAL UNTAINTED TIME STAMPS THAT TASER INTERNATIONAL REPRESENTATIVE CHILES CLAIMS THERE IS A TRIGGER PULL ON THE TASER. THERE WAS NO EXTRA RECALCULATION NECESSARY! IT WAS AT THIS POINT, AFTER ALEX HAD BEEN ATTACKED BY A DOG, THAT HE WAS TOUCHING HIS TASER AND PERHAPS PULLING THE TRIGGER. THIS WOULD ACCOUNT FOR THE TASER TRIGGER BEING PULLED AND NO TIME DRIFT CONCOCTED STORY IS NECESSARY.
  • At 7:15: Bullard claims Alex is eating a burrito and wearing a hat and red jacket. “He’s just a guy.” Bullard was mindful of his own dog. Alex had just been attacked by a wolf-like dog barking and howling at him. At this point, Alex touches his taser again, perhaps even pulling the trigger. THIS WOULD BE CONSISTENT WITH THE ORIGINAL TIME STAMP TRIGGER PULLS OF THE TASER.
  • At 7:17:40: Both Fritz and Theodore agree that Alex was walking calmly walking down the hill. It is preposterous to claim that he goes from walking calmly to walking with angry purpose, as Officer Schiff claims.
  • At 7:18:05: Officer Schiff arrives at front gate and decides to go around it and into park, going headlong into confrontation. “If you fail to plan, you plan to fail.”
  • At 7:18:08: Officer states over the radio, “guy in red shirt heading towards you.” Why did they drive to confront him when they could have made a plan and guy is not a threat?
  • At 7:18:39: Code 33 (keep air clear), but no one hears “show me your hands.”
  • At 7:18:43: Rookie Schiff fires first. Sergeant Sawyer states “shots fired.” Rookie Schiff empties clip first (13 rounds). Sergeant Sawyer also empties clip of 13 rounds.
  • Alex Nieto’s body is riddled with bullets to his forehead, arms, wrist, hand, leg, spine, chest, lung, shoulders, yet officers claim that Alex continues to point his taser at them. Alex Nieto was not Superman. What police are claiming defies the laws of physics and logic.
  • Officers continue to shoot at Alex even though nothing is coming from Alex and he is on the ground dying.
  • At 7:19:20: Officers begin to make contact. First responder Officer Morse testifies when he approaches Alex, he does not see laser light, wires, or darts. He also claims that Alex Nieto has both hands on the taser.
  • The taser was never turned on, so it would be impossible for the red laser light to emit or for the taser to have shot out any wires or darts.
  • This was a one sided firefight.

PHYSICAL EVIDENCE:

  • The taser was never turned on. It was in safe mode locked in. No kick could have caused it to from a ready to safe position.
  • The Taser International Representative Bryan Chiles recalculation is based on pure speculation, admitted by himself.
  • Alex Nieto was wearing a hat, consistent with the hole in his hat and brain matter found in the hat. Alex Nieto was wearing tinted sunglasses, as proven by the broken sunglasses and bruises underneath Alex’s left eye. It would be impossible for Officer Schiff to have seen Alex’s scrunched up forehead or met Alex’s “angry” eyes.
  • How could one sustain the injuries that Alex Nieto had and still hold a taser? Impossible.
  • One bullet lodged in his spine and would have left him immediately paralyzed.
  • Where are the pictures of the jacket that supposedly has no defects? The city is in control of all evidence.
  • Fries, the reconstruction expert that was paid over $40,000, reconstructed only what he was told to reconstruct. Alex Nieto could have had his hands in many positions inside of pockets of his unzipped jacket. Yet the supposed expert could not even comment on the simplest of alternative explanations.
  • Even though he claimed it was impossible for Alex to have had his hands inside of his pockets, Fries had absolutely no explanation of how a bone consistent with his wrist wound could have been found in Alex Nieto’s left jacket pocket.
  • 59 shots were fired in a public park where many people could have been.
  • There were only 48 cartridge casings found. Fries data does not account for the possibility of those missing 11 bullets trajectory. Even with his “fancy shmancy” techniques, he could not figure out the simplest of alternative possibilities.

ADANTE CLOSING THE CLOSING:

  • The veteran and the rookie forced and created this tragic situation. The rookie literally took the veteran for a ride.
  • Mere possession of a firearm could have been totally legal. There was no emergency present in this situation.
  • Theodore confirmed things that it was impossible to know: there was a police officer with a rifle.
  • The officers could have developed a plan, but they chose not to.
  • There were two volleys of shots. This was unreasonable and inhumane.
  • The second volley of shots occurred when Alex Nieto was already dying on the ground. This volley was purposely meant to harm.
  • This killing was a reckless disregard for life.
  • Alex Nieto had a bright smile, but he will have no bright future.

THE CITY ATTORNEY’S CLOSING STATEMENT:

  • Officers used reasonable force.
  • The officers’ testimony is truthful and consistent. MY SUBJECTIVE RESPONSE: They have testified hundreds of times. In the academy they are trained on how to testify.
  • The City Attorney actually said the officers could have been concerned that the suspect was wearing red in “gang territory.” The audience gasped and laughed at her assertion that was clearly meant to racially profile Alex and trigger fear into the jury.
  • The City Attorney offers no valid reason why the taser is off. She claims Alex could have turned it off before he died. The audience gasped at the ridiculousness of her claim. She also proposes that Officer Morse could have turned it off when he kicked it. Once again, the safety has a bezel lock to it so that the only way it can be turned to ready is with a precise movement like a thumb or finger. A kick would not do this.
  • She emphasizes that we also don’t know how the bone got into Alex Nieto’s pocket.
  • She then states that we do not know why Alex would have pulled out a taser on Evan Snow’s wolf like Siberian Husky. MY SUBJECTIVE RESPONSE: Incredible! The Husky attacked Alex and he reasonably tried to get away twice, yet she is implying that Alex did not pull out his taser to defend himself but for some other illogical reason.
  • Twice the city attorney warns the jury not to think about police in a negative manner just because of other cases around the country or other cases in San Francisco.
  • The day they killed Alex Nieto, the police officers just wanted to go safely home.

REBUTTAL BY ADANTE POINTER:

  • Alex Nieto also wanted to go home to his family and he is the only one that night who will never go back home to his family.
  • On the radio, the officers were all questioning what they should have done. They had no plan. It was the responsibility of the Sergeant in charge to lead them.
  • Even their expert witness claims that SFPD policy is not the law. The officers were supposed to follow the law and they did not.
  • Taser International Bryan Chiles knew the exact date and time of the incident that he was supposed to recalculate the time to on the taser memory. The TSA form will be given to the jury. Chiles knew what he was looking for and fixed the time to match the police story.
  • Fritz, Isgit, Bullard, and Theodore (all disinterested witnesses) never heard the police yell any commands.
  • Evan Snow was proven to be an irresponsible dog owner and racist.
  • If the city really had wanted to clear the officers, they could have performed a DNA test on the taser, yet they did not. It is the city that controls all the evidence in this case, like the jacket and taser.
  • Questions the jury should ask when thinking about the case:
    • Why is there a bone in Alex Nieto’s pocket?
    • Why is the taser turned off?
    • Why didn’t Officer Morse, who approached Alex Nieto first, see a red laser light or taser wires?
    • How is brain matter in the hat if Officer Schiff saw Alex’s forehead scrunch up?
    • Before Taser International’s Chiles was told to recalculate the taser time stamps, why was he going to sign and submit the original time stamps as the actual time stamps?
    • What motive does Theodore have to lie? How could Theodore have known that Alex Nieto had his hands in his pockets and that a bone would be found in his pockets and confirm what he has repeatedly claimed for two years? Theodore could have claimed that Alex Nieto had his hands in the air or was waving them, etc. but he did not. No other source has claimed Alex Nieto had his hands in his pockets.
    • Even after Evan Snow’s aggressive barking and howling wolf-like Husky attacked Alex, Alex Nieto was reluctant to pull out his taser on it. In fact he only pulled it out after the second time he was attacked. How are we expected to believe that Alex Nieto, only fifteen minutes later, would have become extremely aggressive with police and pulled out his taser on them when he is “just a guy” on the hill?
    • How could Officer Schiff have seen Alex’s eyes when Alex was wearing sunglasses?
    • How could Alex Nieto have sustained the gunshot would that broke his leg if he were standing directly in front of officers the entire time?
    • How could Alex Nieto continue to point a taser and survive the shots that he withstood?
    • Were officers really sequestered after the shooting, when Officer Schiff’s San Francisco Police Officer father came to visit him before Officer Schiff provided a report to investigators?
    • The defendants have not provided any answers to these questions.

AND I SAY AGAIN AND FOREVER: AMOR FOR ALEX NIETO!

Be ready, gente, we are planning a grand pachanga party and victory celebration once the verdict is submitted. It does not matter what it is because we know we have proven beyond a reasonable doubt that Alex Nieto was unlawfully killed. The evening of the verdict we will share lots of community love. Join the Facebook event page for more details. Bandido, Equipto, Favi Estrella to perform!

https://www.facebook.com/events/1707882822823073/

Posted by: benbacsierra | March 9, 2016

THE TRIAL: PREVIEW OF CLOSING STATEMENTS AND REVIEW OF DAY SIX

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Alex grad

PREVIEW OF CLOSING STATEMENTS SCHEDULED FOR THIS MORNING, WEDNESDAY, MARCH 9 AT 9:00 A.M.

  • A BONE FOUND IN ALEX NIETO’S LEFT JACKET POCKET DESTROYS POLICE OFFICER SCHIFF AND SAWYER’S TESTIMONY, THE RECONSTRUCTION PAID “EXPERT” ANALYSIS, AND THE ENTIRE NARRATIVE THAT ALEX NIETO HAD INITIALLY POINTED A WEAPON AT POLICE OFFICERS. ALEX NIETO MUST HAVE HAD HIS HANDS IN HIS POCKETS, AS THE WITNESS ANTONIO THEODORE CLAIMS. ANTONIO THEODORE HAD NO KNOWLEDGE THAT A BONE WAS INSIDE OF ALEX’S POCKET. THERE IS ABSOLUTELY NO OTHER EXPLANATION FOR ALEX’S BONE TO BE FOUND IN HIS JACKET POCKET EXCEPT THAT POLICE FIRED UPON ALEX WHILE HE HAD HIS HAND IN HIS POCKET. THIS EVIDENCE ALONE PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THIS WAS AN UNREASONABLE, UNJUSTIFIED, AND UNLAWFUL KILLING OF ALEX NIETO.

 

 Review of Day Six: “The Trial: Alex Nieto versus the SFPD”

 

EXAMINATION OF EVAN JACOB SNOW, IRRESPONSIBLE DOG OWNER WHOSE SIBERIAN HUSKY ATTACKED ALEX (OBJECTIVE DESCRIPTION):

  • Witness Snow is a white heavy set man who wears glasses.
  • Before he makes contact with Alex, Snow claims Alex was erratic based on Alex’s tense, tight shoulders and the feelings his dog had about him. MY SUBJECTIVE RESPONSE: ?
  • He saw Alex holding chips in his hands, which Snow calls treats for his dog, that is off leash.
  • He attempted to describe his dog as a playful puppy, but it was a full-grown sized Siberian Husky. MY SUBJECTIVE RESPONSE: His dog looks vicious and it is off leash. His actual dog looks like the one on the left.
  • He thinks being in court to tell his story is “the right thing to do.”
  • Upon examination by our attorneys, it was shown that this was not a puppy but a dog that looks like a wild wolf.
  • When Snow first saw Alex, he made racist remarks about who he was claiming he thought Alex was a gang member based on his red jacket and black pants.
  • His dog was off leash and it bothered Alex, yet Alex remained cool and moved away to some benches. Snow called his dog. It did not initially come, but then it finally came. Once the Siberian Husky was in his hands for a moment, he let it go again and became distracted.
  • In court, he remembers why he was distracted: he saw a cute girl and began staring at her butt. YES, HE ACTUALLY STATED THIS.
  • He claims that he remembers three things from that day, and one of those things is this jogger’s butt. He was asked whether he knew a person had tragically lost his life and whether that was an appropriate thing to say. EVAN SNOW SMILED AND LAUGHED IT OFF.
  • Alex moved quick left to right to keep the chips away from this wild Siberian Husky. Snow claims this is erratic movement.
  • The Siberian Husky then begins to bark and howl at Alex and Alex ran to some benches and jumped on them.
  • Siberian-Husky-Bite-Force-800x600
  • Dog owner Snow was 40 feet away and not controlling his dog because he was following the woman jogger’s butt.
  • Alex Nieto looked at Evan Snow and then aimed his taser at the barking and howling Siberian Husky that was attacking him for his chips. Evan Snow claims that Alex Nieto then pointed the taser at him and began insulting this irresponsible, racist dog owner.
  • Evan Snow could tell almost immediately tell that what Alex Nieto had pulled out was a taser and not a handgun.
  • Alex Nieto never discharged the taser at the dog. MY SUBJECTIVE RESPONSE: Even though Alex Nieto had all rights to discharge the taser at the dog, he did not. Why would he then some fifteen minutes later unjustifiably point a taser at police officers? Alex Nieto proved to be a responsible taser owner, as he did not pull out a taser until he was forced to do so by an attacking Siberian Husky.
  • Evan Snow knows that his Siberian Husky can be construed as aggressive.
  • Evan Snow is a registered gun owner.
  • After the encounter with Alex Nieto, Evan Snow then claimed to a friend that he wished he were “in a state like Florida” where he could just have killed Alex Nieto. MY SUBJECTIVE RESPONSE: IT SEEMS EVAN SNOW WISHED HE COULD HAVE PLAYED THE ROLE OF GEORGE ZIMMERMAN KILLING TRAYVON MARTIN IN FLORIDA. https://en.wikipedia.org/wiki/Shooting_of_Trayvon_Martin
  • Evan Snow then admits to making derogatory racial slurs about Alex Nieto, but Snow then claims that there are racial slurs that can be made in a friendly manner. MY SUBJECTIVE RESPONSE: HE EXPECTS US TO BELIEVE THAT YOU CAN BE NICE AND FRIENDLY WHEN YOU CALL SOMEONE A SPICK, WETBACK, OR NIGGER.
  • Evan Snow never saw a red laser light emanate from Alex Nieto’s taser. MY SUBJECTIVE RESPONSE: This proves that Alex Nieto, even in this situation, did not have a red laser pointing when he may have pulled out his taser.
  • Police officers knew absolutely nothing about this confrontation when they approached Alex Nieto and killed him. Evan Snow had never called 911.

EXAMINATION OF TIMOTHY ISGIT, WITNESS WHO TOLD PARTNER TO CALL POLICE:

  • Isgit claims he noticed a man in a red jacket with a holstered weapon and that this man was touching the gun but that he never took it out.
  • He is from Texas and is very familiar with guns. MY SUBJECTIVE RESPONSE: If Isgit is so familiar with people with guns, why is this situation so different? Race must have been a factor that made Isgit nervous.
  • Isgit admits that he never heard anything come from Alex, nor did he say anything to Alex, nor did he ever even make eye contact with Alex. Alex never threatened them or pointed a taser at them.
  • Isgit does not call police. He tells his partner Justin Fritz to call police.
  • Isgit heard the shots of the first volley and then heard a pause and then heard the other volley.
  • Isgit made sure not to let his dogs run wild or get too far away from him.

EXAMINATION OF CAMERON, POLICE PRACTICES:

  • Cameron claims the officers were justified in their use of lethal force in this situation.
  • He admits that he is a paid testifier.
  • He also understands that there can be other experts that disagree with him and can have opposing views of his tactics.
  • Cameron admits that San Francisco Police Department Policies are not the law.
Posted by: benbacsierra | March 8, 2016

Day Five: “The Trial: Alex Nieto versus the SFPD”

I Ride With the Nietos

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Day Five: “The Trial: Alex Nieto versus the SFPD”

EXAMINATION OF BRYAN CHILES, TASER INTERNATIONAL  VALIDATION TEST MANAGER:

  • Chiles told by San Francisco to recalculate the original time stamps of 7:14 because they did not match up with someone’s story (NOTE THE SFPD SHOOTS AND KILLS ALEX NIETO BETWEEN 7:18 AND 7:19.). He does not remember who told him to do this.
  • Before Chiles was confronted by San Francisco, he was going to simply submit his report with the original time stamps. HE HAD NO INTENT TO PERFORM A CLOCK DRIFT STUDY, THAT WOULD ACCOUNT FOR LOST TIME ON A TASER DUE TO VARIOUS CONDITIONS REGARDING HOW CLOCKS SLOW DOWN.
  • BRYAN CHILES TESTIFIES HE KNEW BEFORE HE RECALCULATED THE TIME STAMPS OF THE TIME THAT ALEX NIETO WAS KILLED.
  • SINCE BRYAN CHILES RECALCULATED THE TIME STAMPS FOR SAN FRANCISCO, HIS COMPANY, TASER INTERNATIONAL, HAS RECEIVED A MULTI-MILLION DOLLAR BODY CAMERA CONTRACT TO OUTFIT THE ENTIRE SFPD WITH BODY CAMERAS. MY SUBEJCTIVE RESPONSE: YOU DO THE MATH! SEE THIS LINK FOR MORE INFORMATION REGARDING THAT CONTRACT: http://ww2.kqed.org/news/2016/02/09/san-francisco-poised-to-award-taser-with-police-body-cam-contract
  • The “study” Chiles submitted to account for the clock drift of Alex’s taser was the first ever attempt to account for clock drift. It was not a “study” that was peer reviewed by experts, it only evaluated 10 tasers (not including Alex’s), and it was based on a “study” that did not last even one month. Prior to his deposition, Chiles had only evaluated one or two of these types of tasers.
  • Chiles testifies that the red laser light cannot function while the taser is turned off. The taser was turned off WHEN ALEX NIETO WAS KILLED. THIS IS CONFIRMED BY PHOTO EVIDENCE AND EVEN TESTIMONY FROM OFFICER MORSE AND WITNESS ANTONIO THEODORE.
  • If the blast doors are not on the taser, the wires will simply fall to the ground. MY SUBJECTIVE RESPONSE: the taser blast doors were never found. Officer Morse, the first officer to approach Alex after they killed him, did not see any wires emanating from the taser.
  • Chiles testifies that there is a bevel lock on the taser when it is on the “fire” or “safety” switch positions. If it is on, the switch cannot simply slide back down. It requires the movement of a thumb or something very precise like that. MY SUBJECTIVE RESPONSE: It is impossible for a kick or throw to have turned off the taser.

EXAMINATION OF CRAIG FRIES, SHOOTING RECONSTRUCTION

  • Fries testifies that he was paid over $40,000 dollars by San Francisco to reconstruct the shooting of Alex Nieto.
  • Paid $325.00 an hour.
  • He looked at physical evidence and witness statements to reconstruct the scene.
  • He claims he “parroted” the coroner’s report so that his report would match up with or refute what it claims happened when Alex Nieto was killed.
  • HE DID ABSOLUTELY NO OTHER RECONSTRUCTION OF OTHER POSSIBLE SCENARIOS REGARDING THE SHOOTING.
  • MY SUBJECTIVE RESPONSE: Fries gives the city what it wants to hear and see. All the 3D reconstruction is like a giant hocus pocus magic trick that is expected to make us believe only one possible logical scenario. THE WAY HE DESCRIBES AND ATTEMPTS TO DISPROVE ALEX’S HANDS IN HIS POCKETS IS FROM AN AWKWARD FIXED POSITION. WE KNOW THAT WHEN PEOPLE HAVE THEIR HANDS IN THEIR POCKETS THEIR HANDS CAN CHANGE POSITIONS, ESPECIALLY IF THEIR JACKET IS UNZIPPED OR OPEN, LIKE ALEX’S JACKET WAS SEEN TO BE IN THE PHOTOS WHEN HE IS LYING ON BERNAL HEIGHTS AFTER HE IS KILLED.
  • 11 cartridge casings were never found. If there were 11 rounds missing from his 3d reconstruction model, can it be that some rounds were fired from somewhere else? Fries cannot discount that some shots could have been fired from closer positions than are claimed in his 3D model. MY SUBJECTIVE RESPONSE: Note that 11 cartridge casings were never found. How could that be? The wind did not blow away the loose dollar bills that were on the ground. How could it blow away 11 heavier cartridge casings? It is possible that other shots account for some of the wounds that Alex Nieto received.
  • Fries never saw the physical evidence of Alex’s jacket and he did not include one single photo of the jacket in his report. He claims he saw pictures of the jacket that supposedly did not have defects, but now the medical examiner claims to have never taken any pictures of the “non-defect” jacket.
  • Note that the medical examiner does claim that there is a defect in the jacket sleeve that is consistent with Alex’s wrist bones being broken by shots fired.
  • EVEN THOUGH FRIES CLAIMS ALEX COULD NOT HAVE HAD HIS HANDS IN HIS POCKETS WHILE BEING SHOT, HE CANNOT EXPLAIN HOW THERE IS A BONE IN ALEX NIETO’S LEFT JACKET POCKET.

EXAMINATION OF ROGER CLARK, POLICE PRACTICES EXPERT:

  • Clark testifies that in this situation the officers unreasonably chose to close distance when they should have stopped and given clear commands.
  • In this situation there was no one who was calling for help, no report of an assault or injury, and the person who actually called the police was still on the phone with the 911 dispatcher. Officers could have clearly called and found out more information instead of recklessly attacking Alex Nieto, who was not accused of doing anything illegal.
  • The officers gave confusing commands to Alex Nieto. “Show me your hands” is not in a proper sequence of orders, like “Stop” or “Freeze.”
  • Also, “Show me your hands” is an illogical command because officers claim Alex was in fact already having his hands out and showing them his hands. This would have led Alex to become confused.
  • There was no command or warning given before officers began firing.
  • The use of force was excessive and there was no reason for it since there was no immediate threat of life.
  • Clark testifies that he has testified for officers in past and will not testify in a case if he does not believe in it. MY SUBJECTIVE RESPONSE: His credibility is solid.
  • Alex Nieto was not an “active shooter” so the way officers approached Alex was unreasonable.
  • Officers had sufficient time to talk with 911.
  • The Sergeant in command should have contained the perimeter: command, communicate, control, and capture. In this case the Sergeant did not have any plan.
  • It was not Mr. Nieto’s fault that the officers purposely put themselves in a position that did not give them time to react reasonably.
  • OFFICERS ARE NEVER EVER SUPPOSED TO FORCE A CONFRONTATION WITH A SUSPECT IN ORDER TO JUSTIFY A SHOOTING. THIS IS A SANCTITY OF LIFE ISSUE.

EXAMINATION OF ELVIRA NIETO, ALEX’S MOTHER:

  • When Alex was younger, they all attended church together. Photo submitted.
  • Alex enjoyed helping the community and was politically active.
  • Photo of President Bill Clinton and Alex smiling together submitted.
  • Photo of Board of Supervisor Tom Ammiano and Alex smiling together submitted.
  • Alex Nieto walked the stage for the City College of San Francisco graduation ceremony. Photo of Alex in graduation gown and with his family submitted.
  • Photo of Alex Nieto’s City College of San Francisco Administration of Justice Certificate submitted.
  • Photo of Alex Nieto smiling with his family in Mexico.
  • Photo of Alex Nieto smiling with family at Christmas time.
  • Photo of Alex Nieto in full security guard uniform submitted.
  • Elvira Nieto was extremely proud of her son and loved him very much. She still cannot believe he is dead. Her heart is still not accepting it.
  • Her husband, Refugio, is still sad as well. Every day he visits the memorial of where Alex Nieto was killed—sometimes twice a day he goes up there.

 

Posted by: benbacsierra | March 5, 2016

Day Four: “The Trial: Alex Nieto versus the SFPD”

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Day Four: “The Trial: Alex Nieto versus the SFPD”

EXAMINATION OF ANTONIO THEODORE, WITNESS TO KILLING OF ALEX NIETO BY SFPD:

  • MY SUBJECTIVE RESPONSE: Theodore is a genuine, distinguished, intelligent human being, not a paid professional testifier. What he claims, that Alex Nieto was killed in cold blood, is coming from his heart and mind. He knows certainly what he saw. There is no reason for him to lie. He walks and jogs through Bernal Heights twice a day. Friends and many people know this about him. There was no examination by anyone trying to discredit that he was actually there, so he was there and he saw what he saw: THAT IS A FACT!
  • Theodore confirms that there was a pause from the first volley of shots to the second volley of shot. He is now at least the third person to corroborate the pause in shooting, which would prove that Alex Nieto was not a constant threat while police officers were shooting at Alex, as police claim.
  • In court Theodore claims he is not for or against anyone. He is doing this for himself.
  • Since the killing of Alex Nieto, he has been heavily traumatized.
  • When Theodore first began telling his story about what happened to Alex Nieto, witness Theodore had information that it is impossible to have unless he was there and actually saw the event: A. Alex wore a black hat. B. there was a police officer on the scene with a rifle. C. Police handcuffed Alex Nieto after they killed him.

EXAMINATION OF EX-CHIEF MEDICAL EXAMINER HART:

  • All of Alex’s wounds were fatal injuries, but Alex had numerous immediate fatal injuries to his head, face, chest, and lungs. MY SUBJECTIVE RESPONSE: It would be impossible for Alex Nieto to have held a taser and continued holding a taser with these fatal injuries. If one is shot in the head, there is no way that they can hold onto and grip a taser.
  • Alex Nieto was shot in the wrist and forearm. Many of his wrist bones were actually broken, not one, but many bones were broken. MY SUBJECTIVE RESPONSE: It would be impossible for Alex Nieto to have continued holding a taser with his wrist broken in many different places and with his forearm shot.
  • MOST IMPORTANT PHYSICAL EVIDENCE THUS FAR: A BONE WAS FOUND IN ALEX NIETO’S LEFT JACKET POCKET. IT IS CONSISTENT THAT HIS WRIST BONE IS INSIDE OF HIS LEFT JACKET POCKET. MY SUBJECTIVE RESPONSE: THIS PROVES THAT ALEX NIETO’S HAND WAS IN HIS POCKETS WHILE HE WAS BEING SHOT! POLICE OFFICERS HAVE ALL CLAIMED THAT ALEX NIETO’S HANDS WERE NEVER IN HIS POCKETS. THIS EVIDENCE COMPLETELY REFUTES THEIR TESTIMONY!
  • Alex Nieto had abrasions and bruises to underneath his eyes consistent with the sunglasses being worn by him when he was killed. MY SUBJECTIVE RESPONSE: Officer Schiff’s testimony that he looked into Alex’s eyes and saw him angry and that he saw Alex’s cheek bones rise are impossible to believe since this proves that Alex had sunglasses on and Officer Schiff could not have seen this. Officer Schiff’s story about Alex looking angry is a total fabrication to justify the unlawful killing of Alex Nieto.
  • Alex Nieto’s leg was shot and broke his tibia and fibula bones. Alex Nieto had bruises to his knees. With this type of injury it would have been impossible for Alex Nieto to stand. MY SUBJECTIVE RESPONSE: Alex Nieto did not jump into any tactical prone position as the police officers claim. Alex Nieto collapsed on the ground and was dying when they continued firing at least 59 bullets at him.
  • Alex Nieto’s leg was shot in a side manner—from decedent Alex Nieto’s right to left and slightly upward. MY SUBJECTIVE RESPONSE: IT WOULD HAVE BEEN IMPOSSIBLE FOR ALEX TO HAVE SUSTAINED THAT WOUND WHILE HE WAS STANDING AND POINTING A TASER STRAIGHT AT THEM! POLICE CLAIM THAT ALEX NIETO WAS ALWAYS FACING THEM AND NEVER CHANGED HIS POSITION POINTING STRAIGHT AT THEM. ALEX NIETO COULD NOT HAVE DONE THIS.
  • The City Attorneys argue that there were no defects found in the jacket. NOTE THAT EVEN THOUGH THE JACKET IS A KEY PIECE OF EVIDENCE, THE CHIEF MEDICAL EXAMINER NEVER TOOK PICTURES OF THE JACKET! SHE TOOK PICTURES OF ALL OTHER EVIDENCE, INCLUDING THE HAT, BUT DID NOT TAKE PICTURES OF THE JACKET.
  • NOTE THAT THE CHIEF MEDICAL EXAMINER AT THE TIME IS NO LONGER THE CHIEF MEDICAL EXAMINER BECAUSE SHE RESIGNED HER POST. THE MEDICAL EXAMINER DEPARTMENT IS NOW BEING INVESTIGATED BECAUSE OF ALLEGATIONS OF IMPROPER AUTOPSIES. I GUIDE YOU TO A LINK SHOWING THIS: http://www.sfexaminer.com/allegations-improper-autopsies-far-reaching-implications/

EXAMINATION OF ROBIN BULLARD, LAST PERSON TO SEE ALEX NIETO ALIVE BEFORE HE WAS CONFRONTED AND KILLED BY SFPD:

  • Bullard claims it is not uncommon to see people eating and wearing a red jacket on Bernal Heights park.
  • He thought Alex Nieto was a perfectly normal person; Alex was eating a burrito and looking out at the beautiful view of San Francisco. He was not erratic or strange in any way.
  • On Bernal Heights, many people are afraid of dogs. Some joggers even carry a stick with them when they jog!
  • Bullard claims he walks down the block and then hears the first volley of shots. THEN THERE IS A PAUSE OF TEN SECONDS. Then he hears the next volley of shots.
  • Bullard did not know that it was the police shooting because he did not hear sirens. He did not head anyone commanding anything like Show me your hands or Drop it.
  • Bullard did not believe that the police would have fired so recklessly like that in a public place.
  • City Attorneys chose to not even try to examine Bullard.

EXAMINATION OF MARK PROYA, SFPD CRIME LAB:

  • We have a list of expended cartridges and some recovered bullets fired by the SFPD.
  • MY SUBJECTIVE RESPONSE: To the best of my ability trying to figure it out, here is the list:
  • CASINGS: Schiff: 20, Sawyer: 16, Morse: 11, Chew: 1.
  • BULLETS: Sawyer: 6, Schiff: 2, Morse ?: 1

EXAMINATION OF OFFICER ROGER MORSE:

  • Officer Morse and Chew had no discussion about tactical plan before they reached Bernal Heights.
  • When he arrived at the shooting, he saw Alex Nieto on the ground.
  • He says he saw Alex’s hands arms recoiling. MY SUBJECTIVE RESPONSE: It is impossible for a taser to force someone’s hands and arms to recoil because there is no blast coming from a taser.
  • He says he never saw a red laser light.
  • He never heard anyone shouting any commands.
  • He was the first one to approach Alex after they killed him. He says he saw Alex with a taser but that there were NO TASER WIRES EXPOSED.

MORE EXAMINATION OF THIS WITNESS ON MONDAY.

 

AMOR FOR ALEX NIETO!

The Nietos with community celebrating Alex’s Birthday 2016. He would have been 30 years old. Photo taken where Alex was unlawfully killed by SFPD.

Nietos on Alex Bday 2016

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