This is ridiculous. Police arrests about 500 kids in Kmart parking lot on Westheimer.

I guess some edict went out not to discuss this anymore and I just didn't get the memo.

Sorry. But there's more. Twice over.

Stop me before I post again.

But, before you do, kiss Michael Berry's ludicrous mayoral campaign goodbye. I mean, what an opportunity for this less-than-one-year long councilman to distinguish himself, before his ridiculous notions of running for mayor. Well, if anyone was confused, here are his leadership skills on display.

http://www.chron.com/cs/CDA/story.hts/front/1546988

Berry watched raid, but didn't question police
By JOHN WILLIAMS
Copyright 2002 Houston Chronicle Political Writer

Freshman City Councilman and mayoral candidate Michael Berry said Friday that Houston police officers "were overzealous" in two controversial raids last week and should not have made as many arrests.

Berry should know.

He watched one of the raids.

Berry accompanied officers when they arrested 25 people in the parking lot of a westside James Coney Island early Aug. 17.

And he knew that a raid the next night at a nearby Kmart lot -- where police ended up arresting 278 -- would be "the real big one."

Berry said he didn't suggest to the police that they change their tactics after the first raid, even though he was uncomfortable with the arrests outside the hot-dog restaurant.

A May 13 internal memo from Capt. Mark Aguirre to Police Chief C.O. Bradford outlines his proposed campaign to curb drag racing and other problems associated with late-night crowds along Westheimer. Aguirre, who led the raids, proposed arresting violators rather than issuing citations.

"Simply issuing citations has little or no impact as evidenced by this burgeoning problem," said the memo, obtained by KHOU-Channel 11.

Aguirre included a list of personnel and vehicles he felt would be needed to carry out the raids.

The Chronicle couldn't confirm late Friday whether Bradford had seen the memo. The Police Department declined comment because of the internal investigation, said spokesman Joe Laud.

The two raids sparked outrage among many of the people arrested who were gathered in parking lots -- not drag racing -- and charged with trespassing. Bradford issued a statement early this week saying an internal investigation would be required to determine who was in charge and what instructions were given to the officers.

Bradford said he planned to investigate why police made arrests rather than issue citations as in previous operations.

Until Friday, Councilman Berry was silent about the issue, even as his colleagues voiced their concern at a council session earlier in the week.

Mayor Lee Brown agreed Friday to a request from some council members to have Bradford appear at next week's council meeting to discuss the raids.

Asked if he should have encouraged Aguirre or other police officials to be less aggressive in the second raid, Berry said, "Sure, it's easy to say `Yes,' and that's the proper thing to do.

"But looking at what I knew and when I knew it, I was trying to understand police techniques," Berry said Friday. "I didn't know that's not what is done every time. I just didn't know that.

"Most of what the police do is outside the view of the public, and I was trying to get an idea on that because if I'm ever put in a position as mayor to make the decision on whether to fire the guy who called the command, I would like to have some level of experience to draw on."

Berry, an at-large council member, has announced as a candidate for mayor in 2003, when Brown is prohibited by term limits from seeking re-election.

Asked whether he would discipline Aguirre or others in the Houston Police Department if he were mayor now, Berry responded, "It's an HPD question. They know the rules.

"The media and talk shows and politicians need to stop grandstanding, and we should let HPD do their investigations," he said.

Some of Berry's colleagues on council said they were disappointed to learn he didn't ask police to change their tactics after the first raid.

"I'm shocked to learn he was at the (Aug. 17) raid and that he didn't realize how inappropriate some of the actions of the police were and not say something about it," Councilwoman Annise Parker said.

"It's not uncommon for council members to take part in such city operations. But when something bad happens, we have to show leadership."

Councilman Gabriel Vasquez agreed, saying that if Berry was there, "he should have come forward and tried to stop it."

Councilman Mark Ellis said he wouldn't criticize because Berry is a new councilman learning the ropes at City Hall.

"My position would have been, if I thought officers were overzealous and were doing something we could correct, I would have picked up the phone, called Chief Bradford and discussed it," Ellis said.

Berry chalked it up to a learning experience.

He said he has gone with public works officials to learn how potholes are filled and he wanted a better understanding of law enforcement.

Officers referred to the Coney Island raid as "a zero-tolerance operation," Berry said, meaning they would make arrests rather than write tickets.

Berry said he didn't realize police had other options because they "seemed so comfortable with it."

Berry said he met Aguirre earlier this summer as he was seeking ways to solve problems caused by parolees arriving from state prison and others who congregate at the Greyhound Bus station south of downtown.

Because the police have faced similar problems with crowds along Westheimer, Berry said, Aguirre invited him to observe the raid outside James Coney Island, 5745 Westheimer.

At Aguirre's request, Berry said, he called James Coney Island Vice President Darrin Straughan a day before the raid to make sure he had sent the police an affidavit authorizing them to ask non-customers to leave the parking lot.

Straughan and police hoped that a crackdown in the area would end drag racing, excessive noise and "trick riding" on motorcycles along Westheimer.

Straughan said that although he supported the idea of clearing out lawbreakers and public nuisances from the parking lots of his restaurant, the arrest of restaurant patrons "wasn't what we agreed to."

"The trespass affidavit said the police could ask patrons not in the normal course of business to leave," Straughan said Friday. "They didn't do that. Why they made that mistake is beyond me."

Berry said that despite the large number of arrests, police were not abusive or overbearing at the James Coney Island bust.

"They treated people fairly," he said. "There was a woman with a baby; they let her go."


But wait... Could there actually be more....? Of course there could... Ignore this thread if you want, y'all... There'll be a new story every day til it's settled...

http://www.chron.com/cs/CDA/story.hts/metropolitan/1546962

ACLU plans to file suit over Kmart arrests
Lawyer says charges should be dropped
By MIKE TOLSON
Copyright 2002 Houston Chronicle


Signaling the start of what may become a legal dogpile, a lawyer with the local chapter of the American Civil Liberties Union said he anticipates filing a lawsuit in connection with the mass arrest of teenagers at a Kmart parking lot in West Houston this past weekend.

Randall Kallinen said he may allege civil rights violations and false arrest. If prosecutors do not drop the pending charges, he might add malicious prosecution to the list, he said.

"They should have dropped the charges by now," Kallinen said of the district attorney's office. "There's little argument that they should have finished thoroughly looking into this by now. The news reporting as been all over the place."

Police swooped down en masse upon the parking lot of the Kmart Super Center at 8404 Westheimer early Sunday morning in an operation whose precise purpose is still being investigated.

There had been numerous complaints from nearby neighborhoods about noise and drag racing down Westheimer. When police arrived this time, no racers were found. But the commanding officer, Capt. Mark Aguirre, ordered the young people in the parking lot and at the adjacent Sonic Drive-In be arrested.

The mass arrest of 278 people, most charged with criminal trespass, sparked outrage among parents of the young people. Numerous complaints have been filed with the internal affairs division of the Houston Police Department.

Attorney Steven "Rocket" Rosen said earlier this week he will file legal action on behalf of a number of young people who were arrested.

"It's such an outrageous violation," Rosen said. "I talked to two people who were eating (at the Sonic) and they said police removed the food from their table and arrested them."

Rosen said he would not charge his teen clients to represent them.

"It's not fair for them to have to pay lawyers thousands of dollars," he said. "These people were violated."

Prosecutors have not said whether they will pursue cases against those arrested. For those who pleaded guilty and paid a fine so they could be released from jail instead of posting a bond, there is still an opportunity to escape a final conviction.

Municipal court officials said they have 10 days to file a motion for a new trial, regardless of whether they pleaded guilty or were found guilty.

"The defendant has to be the one to ask for a new trial," said Nellie Santos, assistant director of municipal courts. "They can explain to the court why they want a new trial. The judge does not have to grant it, of course."

 

No memo went out. You're just not adding anything new. Nothing that changes the substantive points we've already been over that is. The ACLU getting involved is neither suprising nor an indication that some injustice has been done.

 

No memo went out???? Are you sure???? Have you seen the paper that Channel 11 claims to be a memo? Sounds like it was a memo signed by Aguirre, sent to Bradford. I have no idea whether a memo went out or not...that's why I'm not going to say that the memo is a fabrication on the part of Channel 11.

 

Damn. Well Batman, I didn't get the memo either.

 

And here I thought the reference was a fictional memo from the parties to this discussion on CC.net to stop talking about the issues involved rather than a reference to the memo indicated in the story.

 

HayesStreet,

The ACLU thing was predictable, but still news. The Michael Berry thing is big news, though. This guy's in his first term as a city councilman and has already announced for mayor. His candidacy was already sketchy, due to zero experience plus the fact that he allied himself with Sylvester Turner to get the black vote for his council race, promised to support Turner for mayor in return and then announced he was running against him in a 4am email (he must have been as drunk as I was when I posted last night). And now this comes out. Bye bye, Berry.

 

Good. One less opponent for Joe Roach.

 

This just keeps getting better...

http://www.chron.com/cs/CDA/story.hts/front/1572957

Signs point to more questions
Trespassing placards bought on eve of raid
By KRISTEN MACK
Copyright 2002 Houston Chronicle
A Houston police officer paid for "no trespassing" signs with his city credit card the day before a weekend of mass arrest, the city controller confirmed Thursday.

Dilip Patel, budget coordinator for the Houston Police Department's South Central division, purchased $256.50 worth of signs on Aug. 15, coinciding with police raids of a westside Kmart, Sonic Drive-In and James Coney Island parking lots. Nearly 300 people were arrested for trespassing in early morning raids on Aug. 17 and 18.

"It appears that the timing of the purchase raises a few eyebrows," said City Controller Sylvia Garcia.

Councilwoman Ada Edwards sent a letter to Garcia's office Wednesday asking her to look into the purchase after council members received an anonymous call from a police officer alerting them that the police paid for the signs.

The caller said Capt. Mark Aguirre ordered Patel to get 50 signs. Patel works in the South Central patrol division where Aguirre served as captain before he was suspended in connect with the arrests.

Buying the signs is legal, but posting them on private property is not, because city funds cannot be spent for private use, city officials said.

"I don't think the city of Houston should purchase `no trespassing' signs to be placed on anything but city of Houston property," Garcia said.

"If they went on private property, I would have concerns, and I think the taxpayers would have concerns."

Garcia said her office will continue to look into the matter to determine if there was a violation of city policy or procedure.

John Leggio, a Houston Police Department spokesman, said the purchase and placement of signs is part the department's internal affairs investigation and, therefore, he could not comment.

"If it happened, it isn't kosher," Edwards said. "This is targeting a group of people and setting them up for criminalized behavior."

Who bought the signs is secondary to the fact that the order was made, according to Councilman Bruce Tatro.

"The people in the chain of command should not be condemned or held officially accountable," he said. "It should fall hard on Aguirre's shoulders."

Police officers targeting drag racing along Westheimer rounded up 298 people and arrested them for trespassing during the August raids. Those charges are in the process of being dismissed. The city attorney's office said those who have already pleaded guilty can request that their convictions be set aside.

Aguirre, a 23-year HPD veteran, is one of the 13 officers suspended in connection with the raids.

 

Jesus...talk about entrapment. Sounds like the HPD needs to clean house and FAST.

 

Wow, this sounds like the bad old days. Now I remember another one of the reasons I moved to Austin years ago.

 

Well, I hadn't seen this thread until now. It certainly made an engaging 20 minutes of reading.

The police certainly seem culpable with regard to their actions. Taking into account the purchase of the signs, and their illegal deployment (if that indeed occurred), I would certainly infer that the mass arrest was pre-meditated to some degree. If I had been in that parking lot, undoubtedly I would have been arrested too. I don't mind telling you I wouldn't be letting that drop.

 

Same with you Bailey, I didn't read it till now.

I thought it was a new article until I read the date.

Truly weird thing, in fact, is I lived directly across the street from Emily Demmler (the one mentionted in the article) for 13 years!

That's the weirdest thing I've come across over the internet!!!

I never even heard about that from her family when it happened last year, even our families keep in touch.

Small world!!!

 

This thread and the news stories that went with it made it on the CD!

Listen to the Snippet