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DOJ Hearing in Portland 2.18.14 - Judge wants the pubics testimony

Judge Michael Simon wants public testimony in USA vs. City of Portland. Consult Hardesty knows your commitment to attend will have political impact. We expect your passionate testimony to influence this judge. Believing The People can be relied on to protect their civil liberties, we request your input ... to reform these perpetrators of civil rights violations.

Feb 18th 2014 @ Mark O Hatfield Federal Courthouse, 1000 SW Third Ave., Portland, Oregon 97204
The City hopes to avoid trial, having been found by the Civil Rights Div. of the US DoJ, to employ police in illegal use of force. The City held two hearings after rushed, closed-door negotiations. The Mayor limited public testimony to 120 seconds on a settlement agreement now before the judge. They released the 77-page document at the beginning of that 2012 hearing. This is really our first chance to respond to the bargain.

Simon has the authority to send a deficient agreement back to the parties. The Court invites members of the public to testify, in writing or orally, on the following topics:

Is the Agreement fair to everyone affected?
Is the Agreement reasonable?
Is the Agreement adequate to solve the problems identified in the Complaint?

REGISTER WITH THE COURT: Those who submit a Testimony Form by 31 January will be given preference, others participate 'as time permits.' Individuals will be allowed 5 minutes; groups with 3 members will receive 10 minutes each:

We plan to record video testimony for those unable or unwilling to be present on the 18th. The judge has agreed to include such testimony in his deliberations.

We believe any decision on fairness or adequacy should be based on the results of DoJ investigation. Their findings run 40+ pages: the described injustices against 'mentals' are disturbing and revealing. These bright minds depict our current methods a 'self-defeating accountability system.' They do not justify a decision to declare racial profiling beyond the scope of their civil rights investigation.

Here are some deficiencies, identified by the AMA Coaltion:

Consult Hardesty for a vision of citizen-based oversight of police misconduct.

homepage: homepage: http://https://www.facebook.com/events/1408361872743808/1418452958401366/?notif_t=event_mall_reply

Bring Picture ID to get in 16.Feb.2014 20:05

Individual For Justice

Just so You Know
on Feb 18th 2014 - Portland Oregon

tell it to the judge - make a video testimony 17.Feb.2014 07:59

joe anybody

its not to late to make a 5 min video / audio recording and submit it to the DOJ by tonight 2/17?18

Keep it under 5 min.
Need help don't have a camera?
Let me help you get your file to the clerk

contact:  iam@joeanybody.com

Rally: Reject and Renegotiate the DOJ Settlement! 2-18-14 17.Feb.2014 11:44

Not Good Enough

Rally: Reject and Renegotiate the DOJ Settlement!
No More Racist Killer Cops!

Tuesday, February 18th at 8am
Mark Hatfield Courthouse:1000 SW 3rd Avenue

A fairness hearing will be held on February 18th to determine if the settlement regarding excessive use of force by officers against those with mental health issues between the City of Portland and the Department of Justice is fair, adequate, and reasonable.

Please join us before the hearing begins and call for the judge to reject the settlement to trigger renegotiation. We may not be able to stay for testimony but we can still make our voices known and support those who are testifying.

We want:
- A real system of police accountability, review, and investigation
- An end to the 48 hour rule that allows police to have two days before giving their account after they use deadly force
- An end to settlement loopholes that allow violent cops to stay on the force and serve as mental health first responders
- An investigation into practices of racial profiling by the Portland Police

Fairness Hearing 21.Feb.2014 09:55

Lone Vet lonevet2008@comcast.net

The Fairness Hearing on 18th of February held by Judge Michael Simon concerning our "Rogue" Police Force.

This report is the best that I can do; we sat for two days trying to resolve this problem: Was/is the settlement between the Department of Justice and the City of Portland fair, adequate and reasonable. Judge Michael Simon told us over and over again that he could only accept or reject the settlement and did not have the authority to modify it. Most people for whatever reason did not accept that position and testified about its shortcomings but would not stand in the way of its ratification; the ACLU and AMA took that position. Individuals For Justice took a very strong position that the agreement was a sell-out and must be rejected by the judge and take the damn city with our rogue police force to trial. The DOJ does not want to go to trial but they got an earful from over 60 people who testified. Individuals with few exceptions said no and demanded the judge go to trial. It was Portland at its best, we all spoke our own way and the judge and DOJ apparently heard us. The judge told the principles in the case: city, cops, AMA, and DOJ that he wanted them to submit amendments and he would send them a list of questions he had because of our testimony. That part was stunning.
The Lawyers Guild supported the AMA except they took the same position as we did at the end, reject it and go to trial if they could not fix all the objections we laid upon the table. I don't trust the city, don't trust the cops, don't trust DOJ, but I do trust this judge. Maybe we will be disappointed but I will never stop trying to find an honest man, and Judge Michael Simon, "May be the guy." Many of the people who were there seemed to think this judge will work until we have a chance to make changes in our police force dealing with mental illness, but also profiling, sweeps, lack of response to complaints, the IPR, and lots more. We shall see. The next meeting is on March 24th and we may get a decision by the judge or continue to work on the changes needed. You should try and take that Monday off, this is part of the history of our beloved city and many are fighting to make it better, you should join us. My wife Patty came and spent the Tuesday afternoon session with us, so I asked her what she thought; she was bored by the people who read their testimony and intrigued with those who just told their story to the judge. Something to think about?

I was disappointed by those organizations that accepted the agreement, I was especially pissed once again with the Portland ACLU, they agreed to the rejoining the JTTF and now this---I will not support them. The AMA also disappointed me by saying yes to the agreement, makes it harder for us who fight the corruption in City Hall when people who should be standing with us are having lunch with the city. Those everyday people who took the time to testify, we honor you as citizens of the year. Those who took the time to support us, we say thank you and know we also honor you. Those who worked so hard to put this deal together, we say thank you for your hard work but we need you to work a little longer. To Judge Michael Simon have a little more patience with us and our hero you could be. We are all human and make mistakes, move on and do better the next chance you get.

To Greg and Jason Kafoury, thank you for taking the time to attend/testify, to Roberto Lovato who gave up his ten minutes to Greg so he could testify thank you, to all of you who had to go through what we consider too tight of a security protocol, we all did good and should do something nice for ourselves to celebrate our humanity. To the Portland Police; stop the damn sweeps. To the city, ????

Portland CopWatch Report Back | Opinion on DOJ Hearing [repost] 23.Feb.2014 19:16

from email

So, it's going to be hard to encapsulate everything from the Fairness
Hearing since it lasted about 13 hours. In the end, we got the second-best
thing we could have asked for from the judge: He indicated to the parties
that he has a lot of questions and that when they file their follow up
paperwork (due March 11) they could if they wanted to file amendments to
the Settlement Agreement. (The best thing would have been for him to say,
"I'm inclined at this time not to accept this Agreement, but filed
amendments could change my mind.")

Unfortunately, the City and PPA, and DOJ, indicated they felt there were
"legal and practical" hurdles to making amendments. Counsel for the AMA
Coalition noted that "the time to do it is now" after the DOJ gave what
felt like a very condescending speech about how they had heard the
community's collective voice and were asking to walk with us on this leg
of the journey.

I should add here that the judge has offered to take further comments from
the public as late as "the close of the day" (which I assume is 4:30 PM)
next Wednesday, February 26. Be assured you will see further comments
from PCW. Remember to use the case number US v City of Portland
3:12-CV-02265-SI and email to Mary Austad < mary_austad@ord.uscourts.gov>.

In general, the groups and individuals who spoke did a great job, with
numerous points being repeated over and over again-- but with just enough
variety that the judge didn't get ultra-antsy about anyone's testimony
until about the closing hour. There was a lot of emotionally gripping
testimony including several people who described how they go out and hand
sleeping bags and gloves to homeless people only to have the police take
them away.

As I described yesterday, the hearing began with the DOJ spending 90
minutes patting themselves on the back for their great investigation and
asking softball questions to their own paid expert about whether he
supported the Agreement (which he helped frame). This morning JoAnn
Hardesty called out his mis-statement (to be nice) that there are no data
showing the PPB engages in racial profiling. The Bureau has published
traffic and pedestrian stop data for years (since 2004 actually, but
stopping, as JoAnn noticed, right after the DOJ investigation went into
high gear), plus every other statistic WHICH WE PROVIDED TO HIM came also
from the Bureau or publicly available documents. Oh well.

The DOJ also cynically called up the president of Oregon's National
Alliance on Mental Illness chapter, knowing that members of the Multnomah
County chapter were going to testify that the Agreement doesn't go far
enough (which they did this morning). Interestingly, the OR NAMI president
revealed that the walk-in/drop off centers for people with mental illness,
one of the key provisions of the Agreement (and which we among others
noted are listed as sure to be in place by mid-2013) are not likely to
happen at all. They also called up the head of Cascadia Behavioral Health
care, who talked about how they provide the mental health professionals to
ride along in Mobile Crisis Unit cars, but failed to mention that Officer
Chris Burley (the one who, y'know, punched Keaton Otis in the face) is on
the board at Cascadia.

The City Attorney then promised a short 15 minute presentation that lasted
1/2 hour, including her inability to play a video about the MCU which was
just as well since it was probably just more empty rhetoric like her
touting the lack of force complaints lately. (At least one person noted
that drop is likely due to lack of trust in the system as much as anything

The PPA did not make a presentation. The AMA Coalition made clear its
position that while they do not object to the entry of the Agreement,
there are serious reservations still. Dr Haynes, Pastor Knutson and Dr
Bethel all added both historical context and that moral authority that
makes the AMA's role so important.

The list of testifiers is way too long, but here are some of the groups
you may have heard of who did talk: the NAACP, the ACLU, the Center for
Intercultural Organizing, the League of Women Voters, the Mental Health
Association of Portland, and the National Lawyers Guild. Interestingly,
the judge began limiting group reps' time to five minutes later in the
afternoon yesterday (after PCW had already used its three 10-minute slots)
but the NLG was given over 15 minutes this morning. It was clear the judge
was wrapped up in Mark Kramer's testimony, which added a little more of an
edge to the ongoing game of "let's have public input, then ignore it" that
the City's been playing for over 20 years.

A number of individuals who self-identified as having mental illness or
other disabilities testified. One in particular who said he thinks he
might have autism was very compelling today saying he wants to have kids
some day but he doesn't want them being brought into a world where they
won't be safe. He was also a person of color, and quite a large number of
African American, Latino and mixed race individuals talked about similar
fears, fears that their kids would not come home at night because of the

While the Human Rights Commission was expected to testify, they ended up
just putting out a news release calling on people to participate in the
public process including encouraging changes to the Agreement under
paragraph 187.
The Portland Commission on Disabilities, too, was signed up, but their
chair Kristi Jamison testified instead on behalf of her nonprofit,
Empowerment Initiatives, asking that future materials be made available
for people with all sorts of disabilities to be able to access (hearing
and vision impaired persons, eg). The Training Advisory Council, too, had
signed up but nobody spoke. The one city Committee that did present was
the Citizen Review Committee. Chair Jamie Troy did an excellent job
explaining to the court both the impractical nature of the 21-day
timeline the DOJ is trying to put on CRC hearings, and the "reasonable
person" standard of review that has tied their hands hearing misconduct
cases for so many years. (Former CRC members TJ Browning and Eric Terrell
echoed these sentiments in their own testimonies; both still work with CRC
advising parties at appeal hearings.)

At the very end the judge let people come back up if they had 2 more
minutes of comments; JoAnn, Tom Steenson and I were among those last
folks. Steenson, who was the lawyer for both James Chasse and Aaron
Campbell's families, called out the fact that the DOJ referred to
themselves as the "Monitor" for this Agreement-- a very bizarre claim from
the Plaintiff in a lawsuit to say they will enforce its terms. I mentioned
that the DOJ's Jonas Geisler had spoken to me before the hearing and said
that he would not go on record to describe which parts of the Agreement
DOJ thought were firm and which were guidelines, urging the judge to get
the parties to be clear about this as he continues his oversight if the
Agreement is filed.

I had wanted to take time in the courtroom to say one other historical
thing about today, Feb 19, 2014: it marks the 2nd longest period of time
since 1992 that the Portland Police have gone without shooting anyone.
This proves that they can do their jobs without resorting to deadly force.
I certainly haven't heard any claims of massive injuries to cops as a
result of this trend, and we can only hope it continues.

So the timeline from here forward looks like this:

Additional public comments are due by Wednesday, Feb 26 at "the close of
the day."

The Judge will send out his own questions to the parties (which he stated
will include questions about his ongoing authority to oversee the
Agreement) by Friday, Feb 28.

The court transcript will be ready by Monday, March 3

Submissions by the parties will be due Tuesday, March 11.

The hearing at which he will make his final decision and hear oral
arguments from the parties will be Monday, March 24 at 9:00 AM.

Thanks to everyone who put in so much time and energy leading up to and
through this hearing. I am hopeful that somehow, at least some of our
concerns will lead to a better outcome than what is currently written,
even if it just means that the judge asks for quarterly or semi-annual
updates. As Tom Steenson pointed out, the only reason after the Agreement
is entered into the court that the judge would need to hear from the
parties would be if there were a dispute about compliance. After I saw the
City's and DOJ's lawyers laughing it up together before today's hearing I
get more and more the feeling that these government entities are circling
their wagons against the community's demands. Let's keep pressing Judge
Simon to do what he can, even if it means rejecting the settlement and
heading this whole thing to trial.

dan h

--Portland Copwatch
(a project of Peace and Justice Works)
PO Box 42456
Portland, OR 97242
(503) 236-3065 (office)
(503) 321-5120 (incident report line)

gov Fairness Hearing Info 11.Mar.2014 20:29



Information Regarding Proposed Settlement Agreement
and Fairness Hearing

United States of America v. City of Portland, Case No. 3:12-cv-02265-SI

Key Documents

Transcript of Fairness Hearing, February 18-19
 link to ord.uscourts.gov

 link to ord.uscourts.gov

Proposed Settlement Agreement
 link to ord.uscourts.gov

Court Order Setting Notice and Procedures for Fairness Hearing
 link to ord.uscourts.gov

Notice of Fairness Hearing
 link to ord.uscourts.gov

Testimony Form
 link to ord.uscourts.gov

posted on pimc 3/12/14