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

March Forth/Fourth! Day Three: “The Trial: Alex Nieto versus the SFPD”

Today Alex Nieto would have been 30 years old. Smiling his Alex smile, he once told me, “Bro, I’m a natural born revolutionary because I was born on March Fourth/Forth.” So I invented a poem that I read to him while he was sitting in the audience. I repost that video of us together at a poetry reading in the San Fran Mission in 2013. Happy 30th Birthday, Alex Nieto!

Please join us in solidarity every day of the trial at the federal court building on 450 Golden Gate Avenue, San Francisco.

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

EXAMINATION OF OFFICER CHEW:

  • Officer Chew claims that the color red has no gang significance to him.
  • When Officer Morse and Officer Chew received the call about a man on Bernal Heights, they never discussed any plan regarding a tactical approach. According to police academy training and official police protocol, they were immediately supposed to draft a plan of how they would approach the hill, especially a cover and contact plan.
  • When Officer Chew first saw Alex while Officer Chew was at the bottom of the hill and Alex was at the top of the hill, Officer Chew claims that Alex Nieto was standing with his hands at his side and not in a tactical stance as Officer Schiff claims.
  • Officer Chew claims that when he drove up the hill, he saw an officer with a rifle running up the hill.
  • Officer Chew saw Alex already on the ground. Officer Chew never saw smoke, recoil, or flash come out of the taser, but he claims he did see a red laser light that made him “a little nervous.” He admits he may now be contradicting the deposition testimony now because he now says he was very nervous about the red laser light. He fired five times.
  • When he approached Alex after they killed him, Officer Chew noticed that it was a taser but did not see wires ejected.
  • After the shooting, he stayed on the scene for approximately five minutes.
  • Officer Chew and Morse had never before ridden together prior to the day they killed Alex.
  • Officer Chew stated that at the time he received the call that he was attempting to find some kids in the Sunnydale projects so that he could play basketball with them. It seemed that he was actually out of his vehicle and talking with kids, but when questioned about this, he admitted that they were not actually in the specific process of searching for kids to play basketball, but that they were just driving. MY SUBJECTIVE RESPONSE: Officer Chew attempted to make himself look like a super good guy, but he was seen to be manipulative because he was not looking to play basketball with any lower economic class kids.

CITY ATTORNEY BAUMGARTNER WAS SCOLDED BY THE FEDERAL JUDGE:

  • The federal judge scolded the city attorney for flailing her arms and having a negative attitude on numerous occasions when the judge made decisions about the case. He told her that this is not a baseball game for her to be flailing her arms and that she should control any negative attitude in the courtroom.

EXAMINATION OF JUSTIN FRITZ, PERSON WHO CALLED THE POLICE ON ALEX NIETO:

  • Justin Fritz claims that when he walked by Alex Nieto he did not think that there was anything wrong with Alex. He heard no strangeness from him, no noise.
  • It was his partner Isgit who told him that Alex had a gun. Fritz had never seen any gun, but Isgit assured him it was a gun. Isgit told Fritz to call 911, which he did.
  • Isgit began telling people to turn around because someone was on the hill with a gun.
  • Fritz called and observed Alex. The female emergency dispatcher with AN ENGLISH OR AUSTRALIAN ACCENT asked Fritz to stay on the scene and keep watching Alex.
  • Fritz describes that Alex was behaving normally—plenty of people come to eat and wear a red jacket on the hill.
  • It was the female emergency dispatcher who asked about Alex’s race. Fritz did not understand the question, SO SHE URGED HIM BY GIVING POSSIBILITIES REGARDING RACE. THE FIRST RACES SHE SUGGESTED WERE HISPANIC AND THEN AFRICAN AMERICAN. MY SUBJECTIVE RESPONSE: Pure racism. The emergency dispatcher, without her even being there, immediately came up with races that she sees in the mainstream media about people involved with guns.
  • Alex started walking toward gate.
  • Alex was casually walking, no gestures or talking or resting his hand on a gun while walking.
  • IMPORTANT: THE MAINSTREAM MEDIA HAS NOW REPORTED THAT FRITZ CLAIMS THAT ALEX NIETO WAS PRACTICING DRAWING HIS TASER. THAT IS COMPLETELY INCORRECT. WHAT FRITZ STATED WAS THAT WHEN HIS PARTNER ISGIT HAD TOLD HIM THAT ALEX HAD BEEN TOUCHING HIS GUN (TASER), FRITZ HAD IMAGINED THAT ISGIT MEANT THAT HE HAD BEEN PRACTING DRAWING IT. FRITZ NEVER SAW ALEX DRAW HIS TASER.
  • Fritz was paying close attention to everything that was happening because the emergency dispatcher was telling him to observe. FRITZ IS A VERY VALUABLE WITNESS BECAUSE HE WAS COMPLETELY IN TUNE WITH THE MOMENTS.
  • Fritz heard two separate volleys of gunshots.
  • There was one volley of 8 or 9 gunshots, then there was a ten second pause. Then there was a second volley of gunshots. MY SUBJECTIVE RESPONSE: THIS PROVES THAT ALEX NIETO COULD NOT HAVE BEEN A SUSTAINED CONTINOUS THREAT TO OFFICERS IF THEY STOPPED FIRING FOR TEN FULL SECONDS. THE AUDIO RECORDING ALSO CORROBORATES THIS.
  • Fritz did not think that it was the officers shooting because he didn’t think officers would be so reckless in a public place where people come all the time.
  • Fritz never heard officers yell at all. They never yelled stop, show me your hands, or drop it. FRITZ WOULD HAVE HEARD THIS AND WAS PAYING CLOSE ATTENTION TO WHAT WAS HAPPENING. FRITZ HAS NO REASON TO LIE.
  • When the city attorney examined Fritz, she attempted to paint Alex in a negative light. She asked whether he thought Alex was strange for sometimes not sitting on the bench! She also asked whether he thought Alex was “loitering.” Fritz stated no. He had never even had eye contact with Alex. She then asked if Alex appeared nervous, and he told her that if it were not for Isgit claiming that Alex had a gun, Alex would have appeared totally normal.
  • JUSTIN FRITZ APPROACHED THE NIETOS AND APOLOGIZED. REFUGIO NIETO, ALEX’S FATHER, EMBRACED JUSTIN FRITZ.

EXAMINATION OF INVESTIGATION OFFICERS:

  • No officer claimed to have ever touched the taser.
  • Investigation officers never saw a red laser light coming from taser.
  • The original time stamps on the taser stated 7:14 when the taser was activated. Gunshots were actually fired at 7:18. The times did not match up.
  • It seems that the district attorney asked for the time stamps to be changed/recalculated.
  • THE INVESTIGATORS AND THE DISTRICT ATTORNEY WERE WORKING COLLABORATIVELY FOR THE TIME STAMPS. MY SUBJECTIVE RESPONSE: How and why are the investigators and district attorney working together when they should be separate?

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

  • Theodore walks and jogs on Bernal Hill twice a day with his dog. This is a regular routine and many people and friends know he does this.
  • He was running along the trails above the paved road when he saw Alex in a red jacket casually walking down the hill.
  • When Theodore runs further, he sights police cars and makes eye contact with a police officer.
  • Many officers come.
  • He looked up the hill and saw a police car drive up the hill and Alex walking down the hill with his hands in his pockets. The officers came out of their car with their weapons drawn. The driver police officer, who we now know was Officer Schiff, yelled STOP and then immediately began firing at Alex until Alex fell to the ground face first. The other police officers arrived and they then all began firing at Alex while he lay on the ground with his hands in his pockets.
  • Alex Nieto never pointed a taser or punched out his arms in a violent manner.
  • Police officers did not yell any commands except for the original STOP.
  • After the first part of the shooting, there was a pause and then more shots followed.
  • Theodore was anxious and angry about the shooting and told someone on the hill about what he had just witnessed. He then went home and also told friends about what he saw. He went back to the hill later that night and saw all the police activity. He did not tell police because he was afraid and did not trust them since they had just killed someone so unlawfully.
  • Only a few months after the killing, by August 2014, he is contacted by DAVID JENSEN (district attorney ?), and he is interviewed. Theodore actually invites him into his house and is totally forthright with him. MY SUBJECTIVE RESPONSE: THE DISTRICT ATTORNEY KNEW ABOUT THIS WITNESS YET STILL CHOSE NOT TO FILE CRIMINAL CHARGES AGAINST THE POLICE WHO KILLED ALEX NIETO.
  • Theodore was able to clearly see everything that happened on the hill.

At Trial

 

Posted by: benbacsierra | March 3, 2016

DAY TWO: “The Trial: Alex Nieto versus the SFPD”

The time that we need you is now. Please join us in solidarity every day of the trial at the federal court building on 450 Golden Gate Avenue, San Francisco.

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DAY TWO: “The Trial: Alex Nieto versus the SFPD”

EXAMINATION OF OFFICER SCHIFF:

  • As of today, March 2, 2016, Officer Schiff has testified 50 times or more even though he has only been on the force two years. He was trained how to answer questions during trials. MY SUBJECTIVE RESPONSE: He is a professional testifier; he understands exactly how to look nice and answer politely for a jury. Can you imagine how many times the other veteran officers have testified—1,000 times?
  • At the time officers killed Alex Nieto on March 21, 2014, Officer Schiff had not yet passed the SFPD Field Training Program.
  • When they responded to Bernal Heights park on March 21, 2014, this was the first time Schiff had ever been called to a situation involving a person with a gun. He had, however, once been called to a situation involving a man perhaps wearing an armored vest. In that situation Officer Schiff took out his gun and pointed it at a man who was wearing a comic book costume. MY SUBJECTIVE RESPONSE: Here is a rookie cop who has something very macho to prove about himself. He is someone who is ready to kill another human being without hesitation.
  • The officers entered Bernal Heights by bypassing the main gate. Officer Schiff drove the car around the gate by going onto a dirt road. They saw other officers there who were also going in the same direction, yet they decided not to wait for them and instead they went up there alone. MY SUBJECTIVE RESPONSE: These were cowboy cops looking for an intense altercation.
  • Officer Schiff claims Alex Nieto was purposely walking towards him. When asked to explain whether Alex was marching, Officer Schiff said no—that Alex was not pumping his arms. He was asked to demonstrate walking purposely and Officer Schiff physically got up and walked in the court room. Officer Schiff says he does not remember anything in Alex’s hands, so his hands were swinging at his side. It was noted that Alex Nieto had a burrito and other items in his hand, yet Officer Schiff did not see that. MY SUBJECTIVE RESPONSE: Officer Schiff walked normally, somewhat briskly but in a manner that in no way connotes purpose. I walk quickly all day long. How could someone go into another’s mind and know what their purpose for walking is? Also, note that Officer Sawyer later testifies that Alex Nieto is walking and eating from a bag of chips. How can someone walk with purpose and eat from a bag of chips? Eating from a bag of chips is, perhaps, the epitome of someone who is relaxing.
  • Officer Schiff claims that Alex appeared angry, that his cheekbones had raised up, and that he made direct eye contact with Alex, who had scrunched up his forehead in anger. Officer Schiff is then asked whether he knew that Alex Nieto was wearing a hat and sunglasses at the time he killed him. Officer Schiff responded “No.” MY SUBJECTIVE RESPONSE: It is impossible for Officer Schiff to have seen Alex’s forehead and eyes or to have ascertained from 100 feet away that Alex had an angry look on his face. How could he have an angry face and be eating from a bag of chips at the same time?
  • Officer Schiff then claims that as he stops the car, gets out, points his gun at Alex Nieto, and yells “Show me your hands!,” Alex Nieto then states, “You show me your hands”, goes into a “belated” fighting stance, reaches under his jacket, pulls out what Schiff thinks is a gun, and then punches the weapon out at him. The red laser light is pointed at Schiff. Upon questioning, Schiff answers that he started shooting his gun once Alex began pulling out the taser.
  • MY SUBJECTIVE RESPONSE: NOW WE KNOW CERTAINLY THAT IT WAS THE NERVOUS, COWBOY COP ROOKIE WHO FIRED FIRST, WITHOUT SEEING ANY RED LASER FIRST.
  • Although Officer Schiff was trained and had fired that particular gun over 1,000 times during intense training sessions, he allowed Alex to take a tactical stance, go for his taser, and pull it out. MY SUBJECTIVE RESPONSE: this violates what a reasonable police officer would do in that situation. Note the Mario Woods case as a reference. SFPD does not allow someone to even go for a sudden movement before they begin firing!
  • After the officers killed Alex Nieto, as they approached him, Officer Schiff did not see the red taser light on anymore, prior to Officer Morse kicking it out of Alex’s hands. Officer Schiff does not know why the red taser light was no longer on.
  • Officer Schiff claims he did not talk with any other shooting officers before making his statement later that night or the next day at the Hall of Justice. Officer Schiff claims that he was immediately separated from the situation and the officers. Later, however, Officer Sawyer testifies that the shooting officers were alone for five minutes before they were relieved. Also, before Officer Schiff made his statement, he spoke with his father, a veteran SFPD officer.
  • Officer Schiff claims he would be embarrassed and ashamed if he unjustifiably killed someone. He claims non-chalantly that he has had no problems sleeping or eating since he killed Alex Nieto.
  • KEY POINT: at the end of the examination, after Officer Schiff has stated numerous times that he told Alex Nieto to “Show me your hands,” he was asked why would you ask Alex Nieto to show his hands? Did he have them in his pockets? Could you not see his hands? Officer Schiff responds that he did see Nieto’s hands. Then didn’t Alex Nieto comply with his command, because Alex Nieto’s hands were shown? MY SUBJECTIVE RESPONSE: it is illogical for them to have shouted “Show me your hands” if Alex Nieto had in fact had his hands in plain view. If they thought that show me your hands means raise your hands, they are at fault, since the two things do not mean the same thing. Note that Alex Nieto had never been arrested in his life, so what would “Show me your hands” mean to him? ALEX NIETO EITHER HAD HIS HANDS IN HIS POCKETS (CONSISTENT WITH THE WITNESS DEPOSITION TESTIMONY AND THE WITNESS CLAIMS ALEX HAD HIS HANDS IN HIS POCKETS THE ENTIRE TIME) AND THAT IS WHY THEY ARE YELLING “SHOW ME YOUR HANDS” OR ALEX NIETO ALREADY HAD HIS HANDS SHOWING AND DID NOT UNDERSTAND WHAT WAS GOING ON—HE HAD HIS HANDS SHOWING!

 

EXAMINATION OF OFFICER SAWYER:

  • 25 year veteran Officer Sawyer gives advice to rookie Schiff as they approach the hill. The main thing he tells him is to pay particular attention to the suspect’s right hand, since most people are right handed and the hands are what can possibly hurt an officer.
  • Even though he is police trainer and giving this advice, he does not remember that he said in earlier deposition testimony that Alex was carrying a bag of chips and eating from it with his hands.
  • He also does not remember Alex Nieto wearing a hat, yet there is a gunshot in the hat, so he must have been wearing it.
  • After the situation described above regarding the initial encounter with Alex, Officer Sawyer claims he continuously shouted “Show me your hands” and “Drop it”, yet attorney Adante Pointer asks whether Officer Sawyer knows that no witness present heard any commands from any police officer.
  • Officer Sawyer claims that he was looking at Alex Nieto pointing the weapon the entire time Officer Sawyer was shooting his gun, yet he did not see anything eject from Alex’s taser—no bullets, no flashes, no smoke. He also did not see taser blast doors ejecting, colored confetti being released from the taser, and the wires and orange dart ejecting, which he should have seen if Alex Nieto actually had fired his taser.
  • Veteran Officer Sawyer states that this was not a “firefight.” This is important because this is the language that the rookie Officer Schiff used when he was testifying, as if this was a gun battle between two parties, which it was not. Alex Nieto never fired one bullet.
  • Officer Sawyer states that he did not see anyone turn off the taser nor did anyone tell him they had turned off the taser and that if they would have they definitely should have reported that to him.
  • Officer Sawyer does not remember a pause in the shooting because it was a fluid moment. MY SUBJECTIVE RESPONSE: we know that there was a seven second pause because of audio recording that. If Alex Nieto had continuously pointed a taser, then why would Officer Sawyer have paused shooting for seven full seconds?
  • The audio was played in the court room. From the time Officer Sawyer reports “We got him” which means that they see him to the report of Officer Sawyer stating “Shots fired”, there is only a five second time span. MY SUBJECTIVE RESPONSE: I REPEAT: THERE IS ONLY A FIVE SECOND TIME SPAN FROM OFFICER SAWYER SAYING THAT THEY SEE ALEX NIETO TO THEM FIRING THEIR GUNS AT ALEX. IT SEEMS IMPOSSIBLE THAT ALL THEY CLAIM TO HAVE OCCURRED COULD HAVE HAPPENED IN A FIVE SECOND TIME SPAN: THEY STOP THE CAR, EXIT THEIR VEHICLE WITH THEIR GUNS DRAWN, ASK ALEX TO SHOW ME YOUR HANDS, ALEX SUPPOSEDLY THEN RESPONDS “SHOW ME YOUR HANDS”, ALEX THEN SUPPOSEDLY PULLS OUT HIS TASER AND POINTS THE RED LASER AT THEM, AND OFFICER SAWYER THEN HAS THE MENTALITY AND CLARITY TO CALL OVER THE RADIO “SHOTS FIRED.” THIS SEEMS IMPOSSIBLE TO HAVE HAPPENED IN A FIVE SECOND TIME SPAN. IT SEEMS MUCH MORE LOGICAL ATTACHED TO THE WITNESS’S DEPOSITION TESTIMONY—OFFICERS JUMP OUT OF THEIR CAR, SAWYER YELLS STOP, AND THEY BEGIN IMMEDIATELY SHOOTING. NOW WE KNOW IT WAS THE ROOKIE SCHIFF WHO SHOT FIRST.

More to follow after today’s court proceedings.

Amor por Alex Nieto and our community of justice and peace!

Watch our trial rally song here on youtube:

https://www.youtube.com/watch?v=ShxnYj6t-Sk

Alex Nieto at Accion Latina

Posted by: benbacsierra | March 2, 2016

DAY ONE: “The Trial: Alex Nieto versus the SFPD”

Picture is of Closing Day One Court Room Embrace with the Nietos

Closing COurt Day Embrace day one Trial

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Time to put on our law hats! Daily I will post summaries of the actual action in the court room; here I review the Day One jury selection and opening statements.

DAY ONE: “The Trial: Alex Nieto versus the SFPD”

JURY SELECTION:

  • Eight jurors chosen—six are female (5 white) and two males. Age range from approximately 25 to 65 years old. Median age is approximately 40 years old.
  • In order for the Nietos to succeed in their demands, these jurors must unanimously decide that by a preponderance of the evidence the SFPD unreasonably killed Alex Nieto.
  • Before opening statements, City Attorney requested not to have Alex’s deceased body shown to the jury during opening statements. Her request was overruled.

OPENING STATEMENTS:

THE PLAINTIFFS: ELVIRA AND REFUGIO NIETO: ADANTE POINTER (BASED ON MY NOTES AND SUBJECTIVE INTERPRETATION)

  • Rookie Officer Schiff, who first responded to the scene and was driving, had only been on the force for two months and was still completing his field training. At Alex Nieto, he shot a total of 23 rounds, which means he reloaded his weapon with a new magazine and fully emptied that one.
  • Veteran Sergeant Sawyer, also a first responder and riding with Schiff, was responsible for evaluating and training Schiff. Sawyer fired a total of 20 rounds at Alex Nieto. He also reloaded his weapon with a new magazine.
  • Both Schiff and Sawyer had heard the dispatches about Alex. He was described as a six foot Latino male with a red jacket and a holstered gun. Alex was described as eating from a bag of chips, watching the sunset, and moving around. Obviously, he was not a threat.
  • When Officers Sawyer and Schiff arrived at the scene, even though there were other officers there and they could have joined with them to approach Alex Nieto, they instead decide to bypass all other officers without telling them and use their vehicle to maneuver around the fence and into the park. It seems they were playing the role of cowboy action cops from the movies.
  • At 7:18:39 Sawyer states “We got him.”
  • At 7:18:45 Sawyer states “Shots fired, shots fired.”
  • It seems that this six second span is crucial, as it does not seem logical that all the police claim to have happened could happen in a six second time frame.
  • After Alex is killed, Officer Morse, who arrived after the initial encounter and shot 11 rounds, supposedly kicked the taser out of Alex’s hands, yet there are no pictures at all of Alex with the taser in his hands nor are there any photographs with Alex pointing his hands downhill like the officers claim.
  • SUBJECTIVE POINT OUTSIDE OF THE OPENING STATEMENT: The taser is not turned on; therefore, it is impossible for it to have been fired or for the laser to have emitted a red laser beam. The Chronicle on February 29 claims that the city says “the taser could have gotten turned off when an officer kicked it out of Nieto’s hands.” Note that a safety switch on this taser requires a very specific precise forceful movement from a finger, like a thumb. It would be almost impossible for the taser to have been turned off by a kick. Possible explanation: someone fired the taser and then like a good, trained firearms handler, he turned off the taser after he fired it.
  • Problems and contradictions like this exist throughout the police narrative account.
  • Alex Nieto was beloved, a City College of San Francisco student and security guard. Proof of this was shown in photographs.

THE DEFENDANTS: CITY AND COUNTY OF SAN FRANCISCO SFPD

  • Alex Nieto was “marching purposefully” towards police officers. My subjective interpretation and questioning: how could he be marching purposefully eating from a bag of chips?
  • Alex Nieto pointed his taser at officers and then maneuvered into a “tactical prone position.” My subjective interpretation and questioning: Alex Nieto was never in the armed forces so has no idea how to enter into a tactical prone position. It is much more likely that Alex Nieto is simply falling to the ground because he is dying.
  • After officers fired, one of them kicked the taser out of Alex Nieto’s hands. My subjective interpretation and questioning: why would any police officer do this when they immediately see that it is a taser and that Alex Nieto is dead?
  • VERY IMPORTANT ADMISSION BY THE CITY ATTORNEY: For some “inexplicable” reason Alex kept pointing the taser. My subjective interpretation and questioning: Yes, it is totally INEXPLICABLE that a person who has no reason to point at officers would point a taser at them AND that someone who has been riddled with bullets throughout his body, INCLUDING HIS HAND AND ELBOW, and has been fatally shot IN HIS HEAD AND CHEST could actually have the strength and ability to continue pointing a taser at officers.

More detailed notes will be provided for day two. Rushing now to the court house.

AMOR AND JUSTICE FOR ALEX NIETO!

 

Pictures of the rally at the “The Trial: Alex Nieto versus the SFPD”

Trial Rally 1.jpg

Trial Rally 2

Trial Rally 3

Trial rally 4

Trial rally 5

Trial rally 6

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