Posted by: benbacsierra | March 10, 2016

THE TRIAL: ALEX NIETO VERSUS THE SFPD: CLOSING ARGUMENTS: COMMUNITY + CREATIVITY = VICTORY

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/


Responses

  1. My love and prayers to the Alex Nieto family and Bernal Heights community.

  2. […] 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… […]

  3. […] 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… […]


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