CLEVELAND, OH – When unarmed Tamir Rice, Michael Brown, Eric Garner, Timothy Russell and Malissa Williams were brutally slaughtered by cops in their respective cities the timing was right for President Barack Obama and U.S. Attorney General Eric Holder to use the 1994 Violent Crime & Law Enforcement Control Joe Biden voted for as a U.S. Senator and that Bill Clinton signed as President of the United States.
One of the law’s provisions was to take Sections 241 and 242 of Title 18 of the United States code from misdemeanors to felonies. The two federal laws are respectively captioned “Conspiracy against rights” and “Deprivation of rights under color of law.” Clinton and Biden added prison sentences of up to 10 years for criminal cops who violated our rights. They also added a “death penalty” provision when the violated rights led to a U.S. citizen’s death.
Instead of assigning Barbados-American Holder to use the toughened-up 1994 federal laws at the time Timothy and Malissa were slaughtered by Cleveland cops who’d unlawfully invaded East Cleveland in 2012, Obama sent him to the city with a Dominican dreamer he’d appointed to lead the U.S. Department of Justice’s civil rights division, Thomas Perez.
In Cleveland where no president has ever appointed a Descendant of U.S. Slaves to lead the U.S. Attorney’s office in the Northern District of Ohio, the Dominican Perez and Obama’s Russian-American local appointee, Steve Dettelbach, led a “civil review” of violated rights of U.S. Descendants of Slaves at the hands of mainly Eastern European police whose ancestors are from the same Soviet and Communist nations as his.
When Obama’s civil review of Cleveland’s police department was completed in 2014, Perez was now his U.S. Secretary of Labor and he’d appointed an Asian-Indian attorney named Vanita Gupta to announce the completion of his, Holder and Dettelbach’s civil review of mass civil rights violations the city’s cops committed against at least 600 citizens.
What Kenyan-American Obama, Holder, Perez, Gupta and Dettelbach did as federal officials with the “evidence” they had of felony crimes cops committed against Cleveland citizens was violate 18 U.S.C. 4, “misprison of felony.”
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
Where Obama, Holder and Perez did use Title 18 U.S.C. 241 and 242 was in East Haven, Connecticut to prosecute four cops who were targeting undocumented out-of-state illegal “Latino” aliens driving through and living in the city with no license and fake insurance cards. The U.S. Senate delayed Obama’s appointment of the Dominican dreamer in 2009, but in its “findings” released on December 19, 2011 Holder appears to have let Perez launch the East Haven investigation as one of his first acts in 2009.
Launched in September 2009, the investigation was conducted under provisions of the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964.
Specifically, the investigation found that EHPD intentionally targets Latinos for traffic enforcement and treats Latino drivers more harshly after traffic stops in violation of the Fourteenth Amendment, Title VI and the Safe Streets Act. The investigation further found that EHPD has willfully enabled discrimination by failing to put in place basic law enforcement practices and procedures used by law enforcement agencies across the country to prevent discrimination.
The word “Latino” is used to describe the indivduals East Haven police allegedly targeted. The broad word describes people from 33 different Latin nations.
Mexican Americans in the U.S. are the nation’s “singular” third largest ethnic group at 36 million. To them the 16 million “combined” Latin Americans from the other 32 nations are “immigrant minorities” and not “them” since they were already here; and they, individually, make that distinction very clear. [NOTE: Perez leading the Democratic party as a Dominican is not viewed as an ethnic achievement for Mexican Americans who he deprived of a “minority” slot at Harvard.]
In East Haven the “Latinos” convicted ex-cop Dennis Spaulding was investigating were undocumented aliens from Ecuador driving through the city with fake licenses and insurance cards. The city’s population is an estimated 29,000 with 24,000 of East Haven residents being white. Roughly 3000 of the city’s residents are Latin. Approximately 800 are “African Americans” who are not necessarily Descendants of U.S. Slaves. The ex-cop shared his version of facts after his conviction.
While working the center district of town, I began to notice a rash of vehicles with out-of-state license plates, and began to investigate. The overwhelming problem stemmed from the State of Pennsylvania. Sometime around 2007 and early 2008, I had numerous encounters with vehicles with Pennsylvania plates. The driver’s almost never had a license and had the same computer printed insurance card, from the American Independent Insurance Company. Through my investigation, I was able to determine that these insurance cards were fake and the license plates were fraudulently obtained. The owners were paying up to $1500 for them.
Shortly after seeing how large scale this was, I contacted Allen Cohon, a News Channel 8 investigative reporter. Allen quickly saw how large this fraud was and immediately began to look into it. With assistance from a New Haven Lieutenant, and myself, Allen was able to break the case wide open. News Channel 8 aired numerous segments regarding this story and soon after over 1500 license plates were cancelled by Pennsylvania Department of Transportation and two arrests were made for selling the plates and forged documents. By my estimates this was a fraud resulted in nearly $2 million dollars exchanging hands with those involved in this organized crime. After working with Allen on the Pennsylvania plates, I had opened other investigations into states with similar problems. I had provided the FBI with the information that they would need to obtain my case files regarding these investigations. Some of the worst fraud was occurring with Washington State, Wisconsin and South Carolina.
It was a top priority of mine and to the department to get these vehicles off the road, as the drivers were mostly unlicensed and uninsured. This led to hundreds and hundreds of motor vehicle arrests of drivers of these vehicle’s, which were almost always from Central or South America. Most of these driver’s had identification cards or passports issued by foreign countries or admitted to being in the United States illegally. This led to tensions, between the police and the Hispanic community and a feeling that they were being targeted, during the period of 2008 and 2010. The entire department was aware of this fraud as well as the mayor, police chief, supervisors and local prosecutors, who aggressively prosecuted these crimes. During an election year, Mayor April Capone sent out flyers explaining the crack down on what she described as “tax-cheats” with out-of-state license plates. Working the most heavily populated Hispanic district in town and having initiated these investigations, I bore the brunt of criticism and attacks from those that opposed the enforcement of these laws. Yes, in 2008, early in the Pennsylvania plate investigation LT Butler spoke to me about his profiling concerns. After explaining the fraud, my reasonable suspicion for stopping the vehicles and the intelligence that I had gathered, he never raised the concerns again. In fact he continued to sign off on the arrest reports and set the bond for the individuals arrested.
None of the federal immigration law violations mattered to the “dreamer” president and his justice department of fellow “dreamers.” Neither did the multi-state drivers license and insurance fraud racketeering ring the Dominican Perez ignored. White men were fucking with “Latins” who needed to be taught a lesson. Here’s how Perez’s office described their misdeeds against the undocumented criminals Spaulding was taking off the streets.
According to the evidence presented during the trial of Spaulding and David Cari, from approximately 2007 through 2011, Spaulding conspired to injure, threaten, and intimidate various members of the East Haven community in violation of their Constitutional rights. Spaulding and other members of the East Haven Police Department maintained and perpetuated an environment where the use of unreasonable force and unreasonable searches and seizures was tolerated and encouraged. Spaulding engaged in unlawful arrests and searches, including the baseless arrests of a Catholic priest and several Latinos who lived or worked in the community. Additionally, Spaulding used excessive force during an arrest when the victim was unarmed, neither resisting nor interfering with the police. Certain victims were particularly vulnerable because they were undocumented aliens and thus unlikely to raise objection to the abuse.
The evidence at trial further revealed that Spaulding intimidated, harassed, and humiliated members of the Latino community and their advocates and conducted unreasonable and illegal searches at Latino-owned businesses. Trial testimony established that in November 2008, Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover-up the assault and prepared a false report to justify the false arrest. Later, in January 2009 in the same parking lot, Spaulding and another officer arrested three individuals under false pretenses. Spaulding also prepared a false report to justify these arrests.
Spaulding’s version of the facts leaves out key evidence within the Obama justice department’s possession. He actually did cross the line with individuals like Moises Marin who was a “legal” Ecuadoran citizen of the United States. Marin owned a restaurant that sold Ecuadorian food that was an easy target for Spaulding’s “fuck Spanish people” consciousness.
Like former Cleveland Heights, Ohio and pro-Russian Mayor Ed Kelley sent police to target the middle-class Descendants of U.S. Slaves customers of The Myxx for tickets to drive owner Kim Lisboa out of business; it appears East Haven’s Italian-American mayor, April Capone, used that same strategy to target the city’s roughly 3000 “Latinos” despite the success of identifying undocumented Latinos driving with fake licenses and insurance cards. [NOTE: I was unable to establish any relationship between April Capone and the late Chicago gangster, Al Capone].
Perez sought to make an example of the “racist” East Haven cops Capone managed for what he claimed were cops fucking over “minorities” instead of individuals in this nation illegally who had no rights. The word “minority” legally applies to citizens and “permanent” residents. It doesn’t apply to undocumented aliens whose mere “presence” is a crime in the U.S.
Obama and Holder assigned more alien-friendly dreamers to the East Haven cop prosecution team in the form of Assistant U.S. Attorney and Asian-Indian Krishna R. Patel and Senior Litigation Counsel and Russian-American Richard J. Schechter to ensure this nation’s “real citizens” got the “don’t fuck with aliens” message.
On October 23, 2012, Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation. On December 16, 2013, he was sentenced to 24 months of imprisonment.
On October 21, 2013, David Cari was found guilty of one count of conspiracy against rights, one count of deprivation of rights for making an arrest without probable cause, and one count of obstruction of a federal investigation for preparing a false report. On January 21, 2014, he was sentenced to 30 months of imprisonment.
On October 21, 2013, Dennis Spaulding was found guilty of one count of conspiracy against rights, one count of use of unreasonable force by a law enforcement officer, two counts of deprivation of rights for making arrests without probable cause, and two counts of obstruction of a federal investigation for preparing false reports to justify the false arrests. On January 23, he was sentenced to 60 months of imprisonment.
Perez got four convictions. His view was to set an example not only for the cops who touched a Latin alien, but to prosecute their bosses all the way up to the chief of police as a conspiracy. His first indictment included the chief of police. The Obama administration’s response to Spaulding’s appeal shows Perez’s superseding indictment left his name out.
Holder appeared to know Perez was going too far and setting a precedent for how Title 241 and 242 should have been used along with consent decrees by the Obama administration in Cleveland, Ferguson, New York and other cities. Holder and Perez ultimately decided to limit charges to the supervising and involved officers. During the trial, the Harford Courant reported that Marin didn’t know enough English to offer his own testimony and spoke through an interpretor.
An over-reach by Perez to get a conviction against Zullo for an offense that didn’t have anything to do with his committing a federal crime involving violence or a conspiracy against Latino aliens. He was involved in an accident in his public safety vehicle with the white driver of a car and filed a false police report of the incident.
Not only did he prosecute the East Haven police, Obama and Holder also let Perez enter a consent decree with the tiny municipal corporation to ensure the protection of undocumented aliens who hadn’t died at the hands of single police officer. After Obama’s Asian-Indian appointee, Gupta, was assigned to replace the Dominican Perez she used the 1994 law to prosecute cops who’d arrested an Asian Indian alien.
During Obama’s administration under Barbados-American Holder as U.S. Attorney General, not a single police officer was prosecuted for killing a White Anglo Saxon Protestant citizen, a Descendant of U.S. Slaves or a Mexican American. Instead what they entered were 12 consent decrees to “force changes” that had already been proven ineffective.
Cleveland, as an example, had been investigated twice by the U.S. DOJ for unlawful use of deadly force and its jail’s violations of federal laws under President George Bush in 2002 and 2003. In the Obama administration’s third investigation of the city’s police department, Russian American Dettelbach identified at least 600 separate citizens who’d experience illegal stops, illegal searches, illegal arrests and lies on incident reports just like those Perez found in East Haven connected to the undocumented Ecuadorans.
Cleveland State University Associate Professor Ronnie Dunn in 2000 had conducted a review of 186,000 police stops for Cleveland Mayor Michael White; a Descendant of U.S. Slaves. White had perceived and been told by citizens for years that the city’s Eastern European-dominated police department was “profiling” dark-skinned men and women. Dunn’s review confirmed it. 85 percent of stops were of dark-skinned black men with the same-complexioned women coming in at second.
Dunn confirmed the same profiling reality existed in the city of Shaker Heights, but none of his information was included in the “light-skinned” Obama and Holder’s final report to Congress and the citizens of Cleveland.
Obama’s Russian-American appointee, Dettelbach, chose not to send letters with a complaint form to the 600 U.S. citizens he identified as being victims of countless unlawful acts at the hands of Cleveland police that included unlawful stops, unlawful searches, unlawful arrests and lies they all know are still contained in the FBI’s National Crime Information Center (NCIC) about them.
After his election as president, Donald Trump’s U.S. Attorney General appointee, former U.S. Senator Jeffrey Sessions, decided to dump Obama’s bullshit consent decrees and opted to use the law to prosecute cops as his colleagues in Congress intended when they passed it three years before he joined them. Regrettably for Sessions he had a “pro cop” president who didn’t understand the political benefits enforcing the 1994 laws would give him and fired him.
[NOTE: This writer served as a Special Assistant to Mayor White in 2000 and 2001 after the release of Dunn’s report; and after he asked the U.S. DOJ to criminally investigate the city’s police department for crimes against its predominantly Descendant of U.S. Slave population].