Update: ACLU sues City of Fresno, and P.D. for names of Cops who beat homeless man

[annm4peace]

2 hours later, Fresno Chief Dyer ID's abusive cops

(Chief Dyer had 3 months to do this, tomorrow Mr. Beaty (the victim) goes to trial)


Wow.. things are moving quickly. Thanks to those who called into the Fresno District Attorney.

The website for Fresno Bee changes through out the day of updates..
1st was the article on ACLU suing for the info,, then tonight I see Chief Dyer releases name.

Hopefully next will be seeing an independent investigation of Chief Dyer and Fresno PD.. and not by the friendly FBI.

here is the link but the info changes as there are updates.
http://www.fresnobee.com/updates/story/1430337.html
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2 Fresno officers ID'd in videotaped arrest
Published online on Wednesday, May. 27, 2009
By Pablo Lopez / The Fresno Bee

Fresno Police Chief Jerry Dyer late this afternoon released the names of the two officers involved in the videotaped arrest of a homeless man that sparked community outrage.

The chief said he also wants to the FBI to review the Police Department’s investigation into the arrest of Glen Beaty.

The arresting officers were Jeff Gross, a seven-year veteran, and Scott Payn, who has 10 years with the Fresno Police Department. Both officers are currently on modified duty with the department, Dyer said.

Dyer’s disclosure came on the same day the ACLU Northern California said it has sued the chief and the city for an alleged violation of the California Public Records Act, which typically requires public agencies to make records available within 10 days of a request. The ACLU requested the names of the officers three months ago, said Michael Risher, an ACLU staff attorney.

In a news release, Dyer said, “The city of Fresno believes we have a legal basis for withholding the names of the officers involved until the entire investigative process is complete. Nevertheless a decision has been made to release the names of the two officers involved.”

Witnesses said Glen Beaty, a homeless man, was sleeping under a tree when police arrested him on Feb. 9 on an alleged violation of probation. A videotape recording shows one officer repeatedly punching Beaty in the head while the other struggles to handcuff him. Police say the video — which was aired widely on television and the Internet — supports claims by the officers that Beaty assaulted them. But Beaty's lawyers, Peter Kapetan and Russell Cook, say Beaty did not provoke the officers.

Police have declined to say which officer — Gross or Payn — slugged Beaty.

Beaty, 53, has been in jail since his arrest on two warrants, one for allegedly violating probation in a 2004 felony case of deterring an officer by threat or violence, and one for a 2006 misdemeanor case involving an alleged violation of a court order. He has not yet been charged in connection with the Feb. 9 arrest. But earlier this month, a judge ruled that Beaty suffers from paranoid schizophrenia and is legally incompetent to defend himself against charges that he violated his probation.

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See my previous post on Mr Beaty.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5725822&mesg_id=5725822

Will the Victim of Fresno Police Beating be sent to Gulag?

This is an update about what happened to Glen Beaty, the homeless man who was beaten by Fresno Police on February 9. The video of the incident was shown around the world.

http://www.ksee24.com/home/video/39384717.html?video=YH...

(you have to get past the commercial.. it is horrific, and NO one held accountable)

snip..

Rather than conducting a transparent independent investigation of this apparent excessive force incident, local government, the police, and the criminal justice system have held Beaty in Jail, had him declared mentally incompetent to assist in his own defense, and are in the process of having him shipped to a state mental institution. While this sounds like something that might have happened in the Soviet Union (shipping political dissidents and people who know inconvenient truths to Siberia), it is business as usual in Fresno.

Beaty should not be sent to a U.S. Gulag where he may never be heard from again. The Community Alliance newspaper demands that the truth be told about this incident, that Beaty is not further victimized, and that more transparency is used in the affairs of this city’s government.

[annm4peace]

1. Help Mr. Beaty and post on Fresno Bee and email Fresno DA

Yesterday I sent this out. but when I tried to call both the Fresno DA and CA General Attorney's office I did not get through, or able to leave a comment..
but I did find out we can send an email
to the Fresno DA at: http://www.co.fresno.ca.us/webform.aspx?id=21201


I hope people can register with "Fresno Bee" and post a comment (I would say write a letter to the editor but I doubt it will be published). Fresno just got a ACLU rep a couple years ago.

Also.. please, please, please forward to any others who are involved with the homeless, human rights or anything related.
I hope this gets some more attention.

[sonias]

2. Cover up going on apparently

Thank you ACLU Northern California for the defense. Horrible abusive cops.


Sonia

[annm4peace]

3. Yes, there are people and groups in Fresno trying to stop the abuse by they need outside help

but when there is no follow up with CA Attorney General or Fed. Justice Dept..
the Fresno P.D. (and Fresno Co.Sheriff's dept also) will keep abusing people.


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Here is from Feb when Mr. Beaty was beaten

PRESS CONFERENCE CONCERNING POLICE DEPARTMENT

Friday, February 13, 2009
10:00 AM
Fresno City Hall, 2600 Fresno St.

Ongoing and recent activity involving the Fresno Police Department, including the arrest of narcotics officers for car theft and culminating in the beating of a homeless man on February 9 appear to disregard the rights of the citizens of Fresno and have caused a loss of confidence by many Fresnans.

In response to this situation, the Central California Criminal Justice Committee, California Prison Moratorium Project, National Network in Action, the Mexican American Political Association, M.E.Ch.A., The Community Alliance Newspaper, The Undercurrent, Brown Berets, the Central Valley Progressive PAC, Hmong Justice USA, C.A.F.E. Infoshop, Californians for Justice, and the Fresno Area Chapter ACLU-NC will hold a joint press conference to discuss what must be done to establish citizen confidence.

The Press Conference will be held in front of Fresno's City Hall on Friday, February 13, at 10:00 AM.
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STATEMENT

For many years, police activities in Fresno have caused many members of the Fresno community to ask if the City of Fresno and specifically the Fresno Police Department respect the rights and even the lives of the members of the community, culminating on February 9, when two FPD officers were filmed beating a homeless man.

The result is that there is a severe lack of confidence in the Fresno Police Department and in other law agencies.

To establish police accountability and community confidence in the Fresno Police Department, we call for the following actions:

1. An immediate Pattern and Practice Investigation of the Fresno Police Department by the Federal Department of Justice Civil Rights Division

2. The City Council, with the support of the Fresno Police Officers Association, take immediate action to support Mayor Swearengin's direction to the city manager and the Police Chief to establish an IPA

3. The Mayor, City Council Members, Chief of Police, and President of the Fresno Police Officers Association set up and participate in a meeting or series of meetings so that community members can come and voice their concerns

4. Culture and sensitivity training for the Fresno Police Department

5. Full implementation of a Community Based Policing Program

The immediate implementation of all five of these actions is essential both for the protection of the members of the community and for the protection of those police officers who are dedicated to serving the public.
http://www.fresnoalliance.com

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Unfortunately, It is all talk and no action

[annm4peace]

4. local news covers lawsuit, buy why not the lack of investigation

http://www.ksee24.com/news/local/46317257.html


Shame on local Fresno channel Ksee 24.

[EFerrari]

5. Do we need to have a call Jerry Brown action?

Is that what you suggest, Ann? You're right that this person shouldn't be left alone with the corrupt system in Fresno.

[EFerrari]

6. Kick