Saturday, July 9, 2011

Activist Convicted of Resisting Arrest Without Violence (Video Update)

Flickr/ photographer padawan *(xava du)
Activist Post

Orlando Cop Watch activist, John Kurtz, has been ordered jailed for 30 days with 1 year probation for resisting arrest without violence.

Kurtz's case came to public attention in January after he was arrested for filming a case of police brutality administered at the hands of officer Adam Gruler, well known for his questionable conduct and liberal use of tasers and verbal abuse.  Kurtz was facing a possible 6-year prison sentence for his audacity to film a public servant attacking a member of the public even after the person was restrained with handcuffs.

Kurtz's video camera was confiscated after his arrest and mysteriously went missing, destroying a key piece of evidence for his own defense, as well as to document exactly what happened that day.  The evidence, therefore, relied upon the words of police officers attached to the event.

Despite the conflicting testimony of these officers -- including the arresting officer Adam Gruler himself saying that John did not resist -- Kurtz was still convicted of resisting his illegal arrest.

The pattern of lawlessness is reaching a fever pitch, as there is now an overt war by police on photojournalists.  The use of intimidation, escalating brutality, and a permissive court system is now spiraling out of control.  Kurtz's case is a clear violation of the 1st and 4th amendments, yet the conviction stands.


Similarly the charge of "resisting arrest" has become a mantra for officers, which is allowing for horrendous acts of police brutality, even of society's most vulnerable.  YouTube is filled with examples of people lying face-down, cuffed, kneeled upon and pummeled as officers continue to shout "stop resisting!"  This is done not only as a show of power, but it also reinforces the legal justification for their behavior and is intended to lead to convictions like those of John Kurtz.  The result has a chilling effect on anti-police state activists, as well as photojournalists in general.

Please take action and call Judge Alan S. Apte, Orlando Police Department, and the Orange County Jail. Let them know that caging peaceful people will not be tolerated by the general public.

Circuit Judge Alan S. Apte
Address: 425 N Orange Ave, Courtroom 18A, Orlando, FL 32801
Office: 407-836-0535
Judicial Assistant: Hale
Hale’s Email Address: ctjajh2@ocnjcc.org

Chief Judge Belvin Perry
Address: 425 N Orange Ave, Courtroom 19D, Orlando, FL 32801
Office: 407-836-2008
Judicial Assistant: Gay

Orlando Police Department Headquarters
Address: 100 South Hughey Avenue, Orlando, Florida 32801-2501
Non-Emergency Complaint Desk: 321-235-5300
Information Desk: 407-246-2470
Community Relations: 407-246-2461

Orange County Corrections Jail Facilities
Address: P.O. Box 4970, Orlando, FL 32802
Phone: 407-836-3400



Source for this article: Orlando Cop Watch 



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10 comments:

Anonymous said...

Was he convicted by a jury? This is important as it gives us a clearer idea of the temper of the community. If it was a conviction by the usual 'iron triangle' of injustice: the cops, the judge and the DA...then it is exactly what one should expect in the new Amerika....Happy 4th!

Anonymous said...

yeah, and I am certain that they got the message of no tolerance by the public of their police-state tactics because of our obvious large presence at rallies around the country, right? I mean, really now, why would they suspect that we don't actually ENJOY being ordered around like common dogs, what with our vociferous negation at being groped, and watching our mothers and children manhandled with nary a whimper....where would they get such an idea?
Concerning the abusive bully, and the bogus charge mentioned that the judge made to stand, on his....authority? This behavior points to an agenda, a conspiracy that is no longer theory, as its been put into practice unless you really believe that people really are that dense, because these are the only two choices we have. When are we going get over the mental bridge of american exceptionalism? Because THAT is what is blinding us to what would have been obvious 20 years ago. We would NEVER have accepted such intrusive methods that resemble a soviet-tesque tyranny, but now, all it takes is a few magical words....terror alert, radiation poisoning, and presto! Instant robot. Quite embarrasing, has anyone approached The Refugees asking their opinion on these matters, since they would know what to look for, having sought our shores for the simple right to live free. You think they don't feel the weight of the creeping boot? We know nothing of their trials, and they have much to teach us, but, alas, we will not learn, because the easy lie of "manifest destiny" has twisted itself like a vine around our psyche, and we don't even notice!
The police are PUBLIC SERVANTS. We pay taxes that translate into a salary for them. Which makes us the EMPLOYER and the police the EMPLOYEE
THis means that YOU are paying to be beaten up and groped without causing difficulty. Is that the sort of legacy you want to leave for future historians (assuming we HAVE a future)
And they will be there, giving a much clearer view that will differ considerably from ours given the ravages (blessings) of Time. When it becomes common knowledge that the usa financially propped up and supported-while-fighting the communists of russia, it will be easy to see how the police tactics eerily resembled that of the enemy which we are taught to hate? Doesn't anyone see how futile that is, or are we going to be made to repeat this simple life every 100 years or so?

Rabbit said...

Honestly seen from here, you Americans are cowardly curs and are getting everything you deserve. You don't have the backbone to say no to that nasty little terrorist state Israel while you seel your whole nation and reputation to the dogs, and speaking of dogs, what are you if not Israel's bitch?

You don't even have the 4% left of your population with the guts which is all that actually stood up in your war of independence.

Anonymous said...

Hmmm

I do believe the intent here is to ensure that NO ONE does show up at any rally that demands the police uphold the Constitution and the Bill of Rights. This is a blatant form of intimidation that is systematically attempting to destroy the will of the people to resist the tyranny and outright lawlessness of the entire police establishment. People will soon realize what has been obvious to many for a decade....the Patriot Act was never meant to protect US from terrorists. The Patriot Act was put in place to protect the government from the people demanding justice.

Anonymous said...

Hi all,

What the John Kurtz case makes clear is, no one should be recording cops without devices that can stream data off-camera to a remote site.

Grabbing cameras has become a standard police tactic now, and the miami cops were smart, they just made the camera disappear.

It's becoming clear to cops that video records can jeopardize everything for them: if the video survives they can face job sanctions, lawsuits and worse; if the video disappears, it becomes a matter of "he said/isay" and in court, especially with juries, the officer's word always wins.

In fact, in the USA, it's standard that an officer's word will always prevail unless there is concrete evidence to the contrary: documents, audio recordings, videos recordings. Even the word of multiple eyewitnesses who are independent of the victim will rarely prevail.

The recording is the key. This is why they piss policemen off so much. and the cops repeatedly go for the recording above all else.

They are only going to get smarter about making video and audio recordings disappear.

They all know about smartphone memory cards now that survival of a memory card in a phone they smashed has been publicised:

http://technolog.msnbc.msn.com/_news/2011/06/08/6812110-memory-card-in-mouth-saves-police-shooting-video

Believe me, they trade information on recordings around among themselves, and many policemen are now aware that even internal memory, not just memory cards, can survive in a phone that has been smahed.

So now they're ordering people to manually delete videos and pictures from their phones while they watch them do it.

What they don't realize is that this doesn't actually delete the data, and a few photographers have been able to go to data recovery specialists & get their videos & photos back.

The cops will wake up to this one as well. Basically what the Miami cops did will become standard procedure. If the phone, camera, whatever, disappears, then they're in the catbird seat.

A few people have successfully used services you can call to record your calls remotely, e.g.:

http://www.recordyourcall.co.uk/pages/record

they just leave their phone on the remote, and it all gets saved on a server out of the cops/TSA agent/security guard's reach. In fact, it's possible for the phone to be taken by the cops, and it will continue recording what was going on as they talk among themselves.

This sort of capability needs to be extended to video

Activist said...

Great comments! Thanks for the info.

Anonymous said...

Ha ha ha, there are spy cameras available build into a watch or pen,cnd the coppers are to stupid to know about them. I have one build into a wristwatch, two hours full video and sound recording. Beat that.

Anonymous said...

@rabbit: dont forget the 4% were led by rich elite land owners who had everything to lose. Now those same rich land owners are our ruling elite. We have more billionaires than you. They are all pushing for one global nation-state, and your own Rothschild family is probably the leader of them all. If the world is waiting for people living paycheck to paycheck to revolt, they will be waiting a long time. Sorry America's middle class can't always be the source of inspiration to the rest of the world. We are slaves just like the rest of you, and we are slipping further and further. If you want to help Rabbit, maybe you should start the spark, instead of trying to divide us slaves with your insulting rhetoric.

Anonymous said...

Some people deserve not to see their child or children Mr. Apte and I agree with you 100 percent. BUT NOT ME!!!! Look at the other side making these allegations and their motivation to make these allegations your honor. Give me back my only child. I promise you that is the right decision and I promise you that you will be appalled at the other side for taking my son away from me for this long. This story will go public I assure you that your honor because the system doesn't work, it is flawed and it takes an innocent father away from his child. Anyone can get an injunction against anyone these days. The first judge made a huge mistake by taking my son away from me, please do not do the same here. My ex's attorney knowingly lied to the court to get what he wants and this is being exposed right now as we speak with the Florida Bar. Trust me when I tell you I am all in, I AM ALL IN. I want justice and I want the truth to come out ASAP. THe more you wait and extend this injunction the more unjust this becomes. . You can take my life for all I care your honor , just as long as my son knows the truth.

THE TRUE VICTIM!!! said...

Some people deserve not to see their child or children Mr. Apte and I agree with you 100 percent. BUT NOT ME!!!! Look at the other side making these allegations and their motivation to make these allegations your honor. Give me back my only child. I promise you that is the right decision and I promise you that you will be appalled at the other side for taking my son away from me for this long. This story will go public I assure you that your honor because the system doesn't work, it is flawed and it takes an innocent father away from his child. Anyone can get an injunction against anyone these days. The first judge made a huge mistake by taking my son away from me, please do not do the same here. My ex's attorney knowingly lied to the court to get what he wants and this is being exposed right now as we speak with the Florida Bar. Trust me when I tell you I am all in, I AM ALL IN. I want justice and I want the truth to come out ASAP. THe more you wait and extend this injunction the more unjust this becomes. . You can take my life for all I care your honor , just as long as my son knows the truth.

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