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No police misconduct found in arrest of DNC protesters

By Sara Burnett, Rocky Mountain News (Contact)

Published December 22, 2008 at 12:31 p.m.
Updated December 22, 2008 at 6:24 p.m.

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An investigation into the arrest of nearly 100 protesters on the first night of the Democratic National Convention revealed no "provable" police misconduct, the city's Office of the Independent Monitor said today.

The American Civil Liberties Union filed a series of complaints this fall regarding the Aug. 25 mass arrest, which occurred as protesters flooded 15th Street near Civic Center.

Police believed the crowd — which included an 80-year-old man caught up in the protest after leaving the library — was en route to the 16th Street Mall to hurt people and destroy property.

The ACLU alleged that:

Police lied when they made sworn statements that a dispersal order had been made and the crowd ignored it.

Police didn't issue a dispersal order and give the crowd the chance to clear out, in violation of department policy.

The department withheld 15 minutes of audio police dispatch tapes that could have cleared arrestees of wrong doing.

An undercover officer posing as a protester resisted arrest, inflaming the situation.

The 80-year-old man, Cecil Bethea, was subject to inappropriate force.

A division chief didn't investigate a citizen complaint about the arrests.

In a letter to the ACLU today, Independent Monitor Richard Rosenthal said he would take no action regarding the complaints.

He said police had no reason to lie about the dispersal order, and that police believed there was "an immediate risk to public safety" that justified arresting people without first ordering them to leave.

Rosenthal also said the undercover officer put up only a slight struggle, which was reasonable so as not to blow the officer's cover, and that there was no way to identify the officers who arrested Bethea in order to investigate if he was subject to unnecessary force.

Comments

  • December 22, 2008

    12:58 p.m.

    Suggest removal

    Beergut writes:

    So to infringe on people's rights all the police have to is say "We believed there was going to be trouble"? Logically this means they can pull you off the sidewalk and and arrest you for no reason other than they "believed" you were going to be trouble. The police were wrong in the judgment, and that bad judgment and somebody needs to answer to it besides an 80 year old man.

  • December 22, 2008

    1:20 p.m.

    Suggest removal

    reformthis writes:

    In other words, the independent monitor is nothing more than a rubber stamp sanctioning the actions of the police department.

  • December 22, 2008

    1:20 p.m.

    Suggest removal

    mrNiceGuy writes:

    Beergut - Your logic is true. It is amazing the rights they give our officers, but the education and pay they don't. And our teachers are given education, but no pay or power. This imbalance will eventually catch up with us as it has in cities like Chicago and New Orleans where the corruption is rampant and the education is poor.

  • December 22, 2008

    1:33 p.m.

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    UNV_ME writes:

    The DNC was peaceful. Whatever the DPD did... they did it right.

  • December 22, 2008

    2:03 p.m.

    Suggest removal

    nightninja13 writes:

    This is just another example of american rights being slowly disintegrated by our government and "law enforcement". Sure the DNC was peaceful but who's to say it wouldn't have been the same without the arrests which were illegal and had no evidence. They tried to coverup the arrests to avoid embarrassment and public outcry. If the law is not enforced for everyone, including and above all, for the people protecting the law. Then this is no different then a dictatorship for which we the people become its slaves and puppets to be controlled and thrown aside.

  • December 22, 2008

    2:12 p.m.

    Suggest removal

    OldSailor writes:

    I'm 64 years old and I've never been mistreated by the Police "ANYWHERE." I've minded my own business and treated other people with respect and I believe that if people do that they probably won't have any problems with the police. However I do realize there are some bad apples.

  • December 22, 2008

    2:18 p.m.

    Suggest removal

    sheepherder writes:

    Wow, I need to invest in tin foil! After some of these posts I think those stocks are going through the roof!

  • December 22, 2008

    2:36 p.m.

    Suggest removal

    POTES writes:

    I don't have a problem w/ the police, IF they are doing thier jobs right. But any (most times) when the police are at fault or someone files a complaint against the dpd, they are more than not, found to be not at fault or how do you say it "JUSTIFIED". Something is wrong w/ this picture.

  • December 22, 2008

    2:49 p.m.

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    Rogue5 writes:

    It appears Rosenthal wasn't very popular in Portland...

    http://portland.indymedia.org/en/2005...

    Maybe there's something to the comments?

  • December 22, 2008

    2:51 p.m.

    Suggest removal

    cdmdenver writes:

    Richard Rosenthal=DPD RUBBER STAMP OF ABUSE-APPROVAL

  • December 22, 2008

    3:03 p.m.

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    mt writes:

    Potes how do you know the police were at fault when they were found to be not at fault. Have you been at the scene when these incidents happen or do you just read the imbelished paper and believe all of the so called victim statements? Perhaps we should do away with police all together but then what would you people have to complain about?

  • December 22, 2008

    3:08 p.m.

    Suggest removal

    Rogue5 writes:

    And another indicator of corruption:

    http://www.theportlandalliance.org/20...

    Didn't DPD check into this guy before they hired him, or maybe that was the plan. They wanted someone to play ball...

  • December 22, 2008

    3:26 p.m.

    Suggest removal

    frosty writes:

    What's that stench? Could it be Corruption? No all those who wear the badge are saints, don't believe it, just ask them.

  • December 22, 2008

    3:32 p.m.

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    riosmom6 writes:

    Yeh, Frosty, and every protester/law breaker who's ever filed a complaint is a decent, upstanding citizen.

  • December 22, 2008

    3:40 p.m.

    Suggest removal

    Drake writes:

    I came upon the protest by following the hundreds on police marching up 15th. We were taking photos while the police were encircling the so called agitators. While everyone was milling around, trying to get some pics. The cops hat formed some barricade lines would all yell & chant at the same time & rush the crowd with their shields. They pushed people down & back. I saw people fall cameras broke, people freaked out. All for taking pictures & standing on the sidewalk.

  • December 22, 2008

    4:10 p.m.

    Suggest removal

    DiogenesTheCynic writes:

    OldSailor writes:
    However I do realize there are some bad apples.

    You don't raid art galleries and wipe out paintings because you think they're anarchist in nature or arrest protesters preparing signs because you're of the opinion these people may eventually throw rocks, or have the police union sell shirts bragging about police brutality with only "a few bad apples." The raids on the galleries and on protest prep. centers (raids which cost the city money when they had to settle with the aggrieved galleries), in particular, were multi-agency and involved the SWAT team. This is systemic abuse of power that reaches very high within the DPD. More importantly, either it reaches the chief of police or he is unable to control his boys because he's unaware of their actions.

    And anyone who would defend them for this because they themselves were not affected is a gutless, sniveling, unpatriotic coward who would rather lick jackboots than stand upright and be a free man.

  • December 22, 2008

    4:22 p.m.

    Suggest removal

    johnson writes:

    How about all the police quit and everyone that b!tches about them has to fend for themselves? It'll be the same people that b!tch about gun control. It'll be a drag when they're left at the mercy of the criminals. But not for me. I'm a gun owner and a police supporter. Like OldSailor said, I've never had a problem with a cop either. I guess that's because I'v always obeyed the law.

  • December 22, 2008

    4:28 p.m.

    Suggest removal

    riosmom6 writes:

    Some of the posters on this blog need to seriously consider psychiatric help and medication for their paranoia and delusions. Or maybe they're just sore losers.

  • December 22, 2008

    4:31 p.m.

    Suggest removal

    mt writes:

    "And anyone who would defend them for this because they themselves were not affected is a gutless, sniveling, unpatriotic coward who would rather lick jackboots than stand upright and be a free man."

    Pretty easy to call names when you are typing on a computer or perhaps when a cop is around isn't it big boy? I defend them because I think they are right plain and simple. Perhaps I missed the article when the big bad police raided a poor little art gallery that was doing absolutely nothing wrong. Could you let me know where to find it when your chest deflates a little.

  • December 22, 2008

    4:37 p.m.

    Suggest removal

    Raemid writes:

    Doesn't police "misconduct" imply that they're subject to some form of law or rules for conduct? They're not. Get over it. The sooner you realize that police are above the law, the happier your life will be.

    You can try to improve the system if you really want, but you'll only end up hurting yourself. Your best bet is just to avoid them. Protesting a DNC convention is not a good way to avoid the police. Sometimes you'll randomly end up as their prey anyway (like this 80 year old man). But the less you can stand out or attract their attention, the better off you'll be.

  • December 22, 2008

    5:37 p.m.

    Suggest removal

    Brain writes:

    Raemid writes: "Your best bet is just to avoid them. Protesting a DNC convention is not a good way to avoid the police."

    That pretty much sums up my view too. Good advice, but I'm sure these "protesters" wanted the attention.

  • December 22, 2008

    5:48 p.m.

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    drkenne writes:

    WOW!! What a surprise here. I'm so shocked

  • December 22, 2008

    6:16 p.m.

    Suggest removal

    The_Punnisher writes:

    Well, it looks like they " Beat the Crowds " on this one too...

    And for the sheeple that sheepherder has following:

    http://ccpl.lib.co.us/History_Old/KKK...

    http://thecoloradohistoryproject.org/...

    Maybe the Rocky will open the archives back up. Their morgue has lots of proof that the KKK ran Denver & Colorado....

    Surprise! the link has reappeared! I wonder why it had gone away...

    http://denver.rockymountainnews.com/m...

    It looks like the DPD WON'T CHANGE....

  • December 22, 2008

    6:30 p.m.

    Suggest removal

    DiogenesTheCynic writes:

    mt: Which one?

    They hit The Other Side Arts not once, but twice.
    http://denver.yourhub.com/Denver/Stor...

    They also hit Orange Cat Studio.
    http://www.westword.com/2008-09-04/ne...

    They raided organizing areas and seized protesters' signs and materials.
    http://www.rockymountainnews.com/vide...

    These were multi-agency raids with SWAT and in some cases Denver Public Works. This takes coordination; not "a few bad apples." Denver Police systematically, undeniably broke the law many times in one short week.

    They maintained a decades-long program of infiltration and spying on peaceful activists down to credit cards and license plates.
    http://denverlibrary.org/research/gov...

    A Denver police officer, through the police union, made a comemmorative shirt bragging about police brutality. It quickly sold out.
    http://coloradoindependent.com/9276/d...

    Now I didn't protest during the DNC partially because I don't agree with everything these groups were advocating and more directly because I work for a living.

    And I don't "call names" out of some misguided anti-cop invective. I'm too old for that. I've met good officers and worked with good police departments. Denver is not a good police department. You can't maintain elaborate domestic spying operations with a single rogue cop. You don't organize multi-agency raids of art galleries with a couple bad apples. These things only happen when you can't separate ideology from the workplace. More importantly, it only becomes this widespread if the people at the top are directly responsible or if they're powerless to do anything about it. In either case, Chief Whitman should be fired.

  • December 22, 2008

    6:50 p.m.

    Suggest removal

    DiogenesTheCynic writes:

    But let's pretend everyone had it coming. Let's pretend every 80-year-old man, every peace activist nun, and every little art gallery had it coming. I don't want my tax money being wasted on settlement after settlement because police can't tell a mural from an anarchist slogan and, additionally, can't understand that even anarchism is protected speech.

    I don't want my tax money being wasted because police beat the teeth out of a 57-year-old man while "protecting" us from the menace of ticket scalpers.
    http://www.denverpost.com/news/ci_112...

    I don't want my tax money being wasted because police beat some small-time delinquent so bad he was hospitalized.
    http://www.rockymountainnews.com/news...

    I don't want my tax money being wasted because police no-knock raid the wrong house and kill a man.
    http://www.westword.com/2000-02-24/ne...

    They didn't learn a damn thing from that case and did the same thing a second time, by the way.
    http://www.rockymountainnews.com/news...

    So let's assume every presumption of guilt happens to be correct and every sleeping convalescent, every scraggly old ticket scalper and every teenage hood had an arrest coming. It's not the case, but let's pretend.

    Wouldn't it be much cheaper (and safer) to train our police to arrest these people without cutting them down in a hail of bullets? And why have officers not received this training? If they have, why aren't we firing the officers who are apparently incapable of applying it?

  • December 22, 2008

    7:52 p.m.

    Suggest removal

    Noia writes:

    Diogenes, I hear St. Paul is a nice place to live. Maybe you and the rest of the people complaining about how bad the DNC was should contact some of people there. Ask them how the RNC went for them.

    Maybe after you compare notes you'll all realize you don't have a hell of a lot to complain about when it comes to how our police departments handled the DNC.

    :)

  • December 22, 2008

    9:01 p.m.

    Suggest removal

    Frank25 writes:

    I was 79 in November, and I learned years ago citizens could accomplish much more with a phone, typewriter (computer now), or pen and ink. Write to your legislators, or attend townhouse meetings, or even volunteer to work on advisory panel. For past 15 years I have had the pleasure of meeting some very nice people, who do consider citizens and their needs. But with my health, I am not going to demonstrate in the streets, or get in the face of politicians. As for the police and any demonstration: When police arrest bad people they all seem to have 2, 3 or more pages of arrest records. If police are so dangerous and trigger happy, why do any of those folks get beyond the 3d or 4th incident without being so beat up, or shot. Somehow I don't believe they have any of the power all of you yell about. Behave yourself, don't mouth off, mind your own business and somehow the majority of us never have the first incident with police brutality. Makes me wonder what you "posters" are up to when not blogging. And also realize police are selected, trained, armed, and commissioned to do their job enforcing the law. Don't break a law, and don't get into trouble.

  • December 22, 2008

    9:32 p.m.

    Suggest removal

    purplewolf writes:

    Swat Teams Used in Denver for Misdemeanor Crimes

    http://www.denverpost.com/popular/ci_...

    No search warrant. Nothing illegal found. They saw someone entering a house that they thought looked like a criminal.
    This is no longer America. It's tuned into something else, call it what you want, but this is not America.

  • December 22, 2008

    9:39 p.m.

    Suggest removal

    DiogenesTheCynic writes:

    Noia writes:
    Diogenes, I hear St. Paul is a nice place to live. Maybe you and the rest of the people complaining about how bad the DNC was should contact some of people there. Ask them how the RNC went for them.

    Maybe you should stop making excuses for an unconscionably corrupt police force on the grounds that another one somewhere is worse.

    Frank25 writes:
    Don't break a law, and don't get into trouble.

    Don't read the article, and don't get the entire point. Did the 80-year-old man leaving the library break any law? Did the art galleries that were raided break any law? Did people peaceably assembled and designing signs break any law? Since you're obviously not going to take the time to read the article, I'll let you know. The answer is no. None of them broke laws. Yet they variously got gassed, beaten, raided, and robbed by police determined to make a show of indiscriminate force to scare the tiny minority of people in the city who DID break a law.

    You were very much a grown adult when every DPD abuse listed on this page took place. Why do you continue to make excuses for them? Why do you imply that I, a complete stranger, am a criminal when there is reams of evidence on this page alone that the DPD operates above the law and abuses that position?

    If you care about the importance of police work and the reputations of good cops, you should demand accountability for every uniformed thug who's given good officers a bad name.

  • December 23, 2008

    1:31 a.m.

    Suggest removal

    nightninja13 writes:

    DiogenesTheCynic Thank you for asking what some people are shrugging off "Accountability". Personally this is what I want and it isn't because I hate cops or authority or have done anything illegal. Its because we the people are held accountable for our mistakes and actions but the police are not for several of the cases here in Denver and in the united states. Not always the case but this is blatantly apparent with the article the police were wrong and unconstitutional by their actions. The fact is this is a trend that has become more and more common in recent years of the government or police being unaccountable and therefore "innocent" because they are above the law and the people. this is not what our country was founded on and we the people should deserve more from our government.

    Of course if you just want to live with it thats fine but I see a better world opportunity for everyone and life is pointless if you don't try to further the status quo. Would you rather have average or quality?

  • December 23, 2008

    2:47 a.m.

    Suggest removal

    JHuber77 writes:

    DPD did not hire the independent monitor, it was the mayor. The monitor oversees all public safety entitees including the fire dept and the sheriffs as well. If you want to look at his rulings you can go to the website. http://www.denvergov.org/OIM/bReports...

  • December 23, 2008

    7:24 a.m.

    Suggest removal

    mrNiceGuy writes:

    Diogenes writes: "If you care about the importance of police work and the reputations of good cops, you should demand accountability for every uniformed thug who's given good officers a bad name."

    Here! Here!