Sunday, February 8, 2009

My time in a New York City Jail

I am becoming more and more concerned about the lack of freedoms in my country. The income tax, drug laws, and gun laws are becoming increasingly offensive to me, and I am not sure why.
Drugs:
I don’t do any drugs, so the constant violation of civil liberties with the excuse of saving us from our own harmful decisions, is a removed outrage, usually with that one.
Taxes:
I don’t pay taxes, so that one is also usually more theoretical. Again, I am outraged that my fellow Americans are victims of that injustice and basic violation of their civil liberties.
Guns:
And I live in a relatively free state in regards to gun rights, so the violations of a basic human right that New Yorkers and Californians are subject to is also usually an empathetic, but not personal outrage.

With all three of those issues my fellow Americans deal with their constitutional rights violated year in and year out.

Recently it became more real to me, despite my best efforts to obey the law, I spent two days and a night in a New York City jail. An uncomfortable and awakening experience. I became closer to the unconstitutional violations that take place every day in my country. And I now wonder how much free-er we are than Middle Eastern countries I have visited, and if the freedom gap between my country and those Arab countries is diminishing. The freedom gap between us and Europe certainly is diminishing.

OK, this thought is a long thought, so I will break it down to subjects of interest.

- My letter to the NRA
- My night a New York Jail cell
- My arresting officers
- NYPD is a corrupt and incompetent organization.


- Letter to the NRA
Here is my letter to the greatest organization defending, or attempting to recover our American freedoms. (If anyone can think of an organization that better fits that description, please pipe up. And don’t bother with the ACLU, because it is not them).

Dear Sirs:
I am trying to contact the NRA legal team.

I have a legal question, and I might need legal defense in an 2nd Amendment issue in New York.

I am a Nevada resident, I traveled to Atlanta, GA for a school, (I am a US Government contractor), and I finished earlier than expected. I approached the airline (United) for the quickest way back to my home in Reno, Nevada. All flights were booked; the quickest way for me to get back was to spend a couple of days in NY. I have a brother in New York, so that seemed like fair deal.

I was traveling with a firearm (proficiency with a firearm is part of my job.) It was only going to be a couple of days, so I was ok with my carry on luggage, so I asked United if they could ship my luggage straight home, if I could stay in NY without it. The answer was "No".

So I went with what was safe in CA. I had the gun in a locked box, unloaded and out of reach. I took a taxi to my brother’s house instead of the train, so it would be in the trunk out of reach. When I returned to the airport, I followed TSA regulations, and I declared the gun at the airline desk to be inspected, but there, the lady called a local police officer, and I was arrested.

I spent two days in a NY jail, a very uncomfortable experience compounded by the fact that I was weary of what would happen to me and to my record, and to my life afterwards. I am a US Government contractor and I cannot have a criminal conviction in my record. I served as a US Marine for 11 years, and I am in the process of trying to join once again. A gun charge may disqualify me from being able to serve my country again.


I met the public defender, and he said that the case will likely be dismissed. Still I am very concerned, everyone I have spoken to tells me not to trust the public defender.

I feel like the case will likely be dismissed. But my future is in the balance here.

If the case does not go well, can I count on the assistance of the NRA?


- My arresting officers:
The cops that arrested me were very apologetic. They said they were sorry, that if I had gone out of La Guardia instead of out of Kennedy, that I would have been smooth sailing. They said that they could not let me go now that my name was in the system. They said that they had also arrested Col. David Hackworth, and felt bad about that one too. There was also nothing they could do about that.
I have since talked to a lawyer, the lawyer had as a client before the former commander of Marine 1, a man that Ronald Reagan saluted. He was charged with the same thing as me.

The Police in the arresting department came in one at a time and said that I had done nothing wrong, and that they appreciated my time in the service. That I was declaring the gun, just like I had done in every other airport.

The cops said that I would go before a judge, and that the judge would most likely dismiss the charges. But I was weary, I have seen judges before take if very easy on repeat offender criminals and throw the book at generally law abiding citizens. (traffic court). I am weary, because I know the criminal justice system fails. I have first hand evidence of that. My friend Brian Straub is in jail wrongfully convicted:
[url=http://]www.helpbrianstraub.com/[/url]

Everyone from the cops to the public defender were constantly claiming that the charges were nothing, and that they would be dismissed. And I wondered to them why I had even been arrested.

So, I had to spend to days in a cage. Sleeping on a cement floor, and generally not eating because I didn’t want to have to take a crap in the prison toilets. And also because the food was crap. But I am kind of used to crappy food.

There were so many characters in there, and so many people that had no business being in jail in the first place.
Some didn’t belong there because what they did, though illegal, is not wrong.
Some didn’t belong there because though they were breaking the law, the cops didn’t really “catch them” they just arrested them on made up charges because they “knew”
And some didn’t belong there because they actually hadn’t broken any laws, they hadn’t broken any right laws nor any wrong laws.


- The NYPD is a corrupt and incompetent organization:
My guess, about two thirds of the people in the jail (there were lots and lots of them crowded in the rooms) did not belong in jail.

Here is a partial list of characters:

Head injury guy:
One man with head injuries, he had ran from the cops, and one of the cops chasing him slipped and fell on the ice, other cops caught him and handcuffed him. When the cop that fell caught up with the handcuffed and subdued non violent offender, the cop beat him on the head with his nightstick. The man successfully ditched the drugs he was carrying in his get away (the reason he ran was to be able to ditch the drugs). He was charged with trespassing.

Still had the drugs on him guy:
This guy when he was caught smoking some weed, had some crack cocaine on him, and when he spots the cops. He puts the blunt out, and makes like he is tossing it, but stashes it in his mouth, with the crack on one side and the cocaine on the other side. The cops search for the blunt that he pretended to throw. He told them they wouldn’t find it, but they searched anyways. He was just outside his sister’s building, (on his way to visit her, and maybe sell her some dope) and they arrested him for trespassing.
Well there were about 7 or 8 'Still had the drugs on him' guys. This dude thought he was caught though, so he was hinting to the police that he had his drugs still on him. He kept saying to them "you are not going to find the blunt over there boss", "white snow, brown blunt, you would have found it by now"

3 scared kids:
There were three scarred kids sitting together in the corner, with wide scared eyes. The looked so small and young. I asked them how old they were and what they were there for, and they said “drug possession” one of the regulars of that jail asked them if the cops had found drugs on all of them. The said that no, that it was in the car, and that it was their dad’s vitamins. At first I dismissed this as ridiculous, but then not so much. So jail regular, asked them which of them was going to take the fall. If one of them admits that it was his, then the other two walk out scot free. If no one does, they all get charged. I asked them what this b.s. story about vitamins was. They said that it was their dad’s car, and that the dad had a bottle with a mixed bunch of vitamins in it. So, I asked what the cops thought it was. They said the cops didn’t know. I was amazed that the cops would arrest someone without knowing what the drugs were.

The other white guy:
This was a big guy that looked like he had been in a few fights, he was in his mid 40’s, he got caught in his car smoking a joint. His neighbor ratted him out. I guess the neighbor fancies the guys wife. The guy had a record 22 years ago, he used to get charged with assault. The last time he got caught, the judge told him “the next time I get you, you are going away for a long time”. And he believed the judge and has kept his nose clean for 22 years. He has a good job now, but smokes a joint once in a while to calm down. Let the man enjoy his fucking joint!

The shady looking Arab guy:
This guy had the Palestinian scarf thing, and he kind of resembled some of the unsavory characters I have come across in the Middle East. I got to talking to him, I was hoping to get to practice my Arabic AND find out if I could be a hero for catching a terrorist while I was in prison. Turns out he was Pakistani, and that his crime was to compete with the yellow cap company. He gave cheaper rides, and made a bundle and the Yellow cap company didn’t like it. My guess is that they pay someone so they have exclusive rights to the airport. “Capitalism is not a crime”

There were a whole host of drug dealers who were arrested, and the cops didn’t find any dope on them, but they were arrested anyways and charged with trespassing. I guess, they live in government housing or something, and the government can charge them with trespassing at will for just being in their neighborhood.

My guess, 2/3rds of everybody in that jail were there because the cops suspected them of drugs. NO ONE was actually caught with drugs except the one white guy caught in his car smoking a joint. They were all booked with made up charges. Drugs were freely available in jail.

So, my brother who lives in Manhattan, and is a liberal, recognizes that NYC is a fascist state, but says that is necessary for the people to feel safe. He says they elect liberal Senators and Governors, and liberals for president, but that then they elect “tough on crime” Republicans for mayor. They believe that these police tactics make them safe. That NYC is safe now, and it is because of Guliani, and some of the wide spread ignoring of civil liberties. “Government that governs least is government that governs best” is not on their radar screen I guess.

Lots of places in this planet are safe as long as you don’t get on the governments wrong side.

Another thought: Why is something that is considered a constitutional right in the rest of the states forbidden in New York? Why is something that is a basic human right in the rest of the nation, not a human right in New York?

But yes, lastly, I am an idiot. I have known this for a while, nothing can drive this depressing fact home like sitting in jail a place where people who are smart do not sit in jail cells.

I am seriously bitter about this.

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