Qualified Immunity

Official White House photo: Shealah Craighead

"Inmunidad cualificada" (Qualified Immunity) is an article written by Lluís Bassets which appeared in the June 2, 2020 edition of El País, Spain's most widely read newspaper. It is an opinion piece on the murder of George Floyd and its connection with police violence in the USA, racism, and the presidency of Donald Trump. Below is my translation of the article.

Qualified Immunity

Donald Trump and police abuse are two sides of the same coin

The police are trigger-happy because they're protected by the justice system. 

It's as simple as that.

Donald Trump isn't to blame for George Floyd's death.  Nor is he the prime mover behind the disturbances.  But it's no coincidence that Trump is in the White House. Neither are his irresponsible provocations, which incite violence rather than intending to calm protesters, coincidental

The country torn by a racial divide that brought Trump to the White House is the same one that over the years has enshrined a system of impunity for its police force.  Racism and abuse of power go hand in hand in both cases.  You can't understand one without the other.

Wikimedia

Law enforcement officials, from local police officers to federal agents, are heavily militarized in their formation, training, and deployment tactics.  This is completely logical in a country where the sale, possession and even public display of assault weapons are considered constitutionally protected rights.

Firearms cause as many victims as traffic accidents.  There is a tendency towards disinhibition when using them against defenseless citizens, both by on duty police officers, as well as by the armed civilians who carry out mass killings.  This, too, is a situation where one thing can't be understood without understanding the other.

Everything favors the hair trigger, especially when it comes to shooting at dark-skinned citizens. In this case, it wasn't shooting, but immobilizing a handcuffed citizen to death. Statistics on deaths due to police intervention show that the number of African-Americans killed is five times that of Whites.  Explanations about police force composition, i.e., minorities tending to be proportionally less represented than Whites, are not enough.  It's also important to consider the strong corporate feel of a profession affiliated with powerful unions that has the ability to enforce a special statute called the Law Enforcement Officers' Bill of Rights. Recognized in 16 states, it protects its members when they are accused of a crime, by guaranteeing  extraordinary limits on investigation and interrogation.

If it's difficult to prosecute a police officer, it's even more difficult to convict one.  Organizations that advocate against police violence have documented systematic deferential behavior of judges and juries toward accused police officers, along with a lower proportion of guilty verdicts handed out to them than to others.  Since 2005, 78 police officers have been charged with murder or firearm-related homicide.  Only 27 of these have been convicted and sentenced: 14 by public juries and 13 due to pretrial guilty pleas. Only one of those individuals was convicted of murder, and that officer was sentenced to 16 years in prison.

Screenshot from original El País article

In light of George Floyd's death, it might appear that little has changed since the bloody days of lynchings and other racist murders in the Deep South.  Not so, if we once again look at the statistics.  In the first decade of this century, the average number of police officers prosecuted for such crimes was five per year, but now the figure is close to twenty.  While the number of police officers accused of murder is growing, that does not mean police behavior has worsened or improved, but rather that the means of documenting their crimes (by video, for example) have increased. That's what happened in the death of Floyd, who was suffocated by being held under the knee of a police officer—an immobilization maneuver widely used in U.S. law enforcement.

Police impunity has a legal basis called qualified immunity, which has been enshrined by the Supreme Court.  A doctrine established  through various court decisions, it aims to protect officers from mistakes made while attempting to enforce the law, but which ends up shielding them from their crimes.

Throwing Trump out of office won't be enough to end this particular plague, which is as lethal as covid-19. But one goes with the other.

https://elpais.com/opinion/2020-06-02/inmunidad-cualificada.html

This isn't about Spain, but I think it's important to share everywhere: please consider signing this petition. So many people of color in my home country suffer abuse and murder by the police, who alonst always get away with it. Even if you are not from the USA yourself, your voice can help the family of this viticm see justice done and may help lead to real change on this issue. Thank you, Carlos

No se trata de España, pero creo que es importante compartirlo en todas partes: considere firmar esta petición, por favor. Muchas personas de color en mi país de origen sufren abusos y asesinatos por parte de la policía que casi siempre se sale con la suya. Incluso si usted no es de los Estados Unidos, su voz puede ayudar a la familia de esta víctima a ver que se haga justicia y puede ayudar a lograr un cambio de verdad en este tema. Gracias, Carlos

Justice for George Floyd / Justicia para George Floyd

George Floyd was murdered by a Minneapolis police officer.
George was handcuffed and restrained and being completely cooperative when this all went down. The officer put his knee on George’s neck choking him for minutes on minutes while George screamed that he could not breathe. Bystanders beg for the police officer to take his knee off George’s neck, but the officer didn’t listen and continued to choke him.
Not that it would matter at all, but George was not even wanted for a violent crime. A grocery store that he was signing a bad check.
We are trying to reach the attention of Mayor Jacob Frey and DA Mike Freeman to beg to have the officers involved in this disgusting situation fired and for charges to be filed immediately.
Please help us get justice for Georg and his family!
#JusticeForGeorgeFloyd     Click here to sign the petition.
 

George Floyd fue asesinado por un oficial del policía de Minneapolis, Estados Unidos.
George fue esposado y detenido y estaba siendo completamente cooperativo cuando todo se fue abajo. El oficial puso su rodilla en la nuca de George asfixiándolo por varios minutos mientras él gritaba que no podía respirar. Varios espectadores que estaban en el lugar, le rogaron al policía que quitara su rodilla del cuello del hombre, pero el oficial no escuchó y continuó asfixiándolo.
No es que este dato sea de gran relevancia, pero George ni siquiera estaba siendo requerido por un crimen violento. Una tienda de abarrotes lo reportó porque estaba firmando un cheque sin fondos.
Estamos tratando de llamar la atención del Alcalde de Minneapolis Jacob Frey y del Fiscal Mike Freeman para rogar que despidan a los oficiales involucrados en esta desagradable situación y que se presenten cargos de inmediato.
¡Ayúdenos a hacer justicia para George y su familia!
#JusticiaParaGeorgeFloyd    Haga click aqui para firmar la petición. 

The Deadly Cook: assistant chef slowly poisoned restaurant staff

A 55-year-old Spanish cook is behind bars on suspicion of poisoning the food of at least 21 of his coworkers, possibly resulting in the death of one. His actions paint a perverse picture of betrayal, meticulously dosed out in secret over many years.

The city of Gijon is a lovely seaside resort in the region of Asturias in the north of Spain. Famous for its warmth and hospitality, it is a festive place with a rich history and an equally rich cuisine. Food here is typically accompanied by some of the local alcoholic cider, known in Spanish as sidra, and restaurants specializing in Asturian food and cider are called sidrerias.

Tino Comeron and Chelo Toyos opened El Lavaderu sidreria 14 years ago. Like many of the sidrerias in the region, it has imposing stone walls, sturdy wooden beams, large wooden tables and hefty wooden barrels to store the cider in. It was a prosperous business that kept growing to meet demand.

In 2004 Tino and Chelo decided they needed an assistant chef. They hired Andres Avelino, a family acquaintance of Chelo, who had run a bar before and who owned a tiny store of his own in a neighboring town. 'A very nice man, always willing to do favors,' Chelo recently recalled.

Andres also had a friend named Eva who worked in the kitchen at El Lavaderu. “They were old friends, for over 20 years,” waiter Gustavo Vera, 35, told the El Pais newspaper. His co-worker Benjamin Menendez agreed: “They went out for a drink, dinner...always together.” Vity Mancha who worked there for three years as extra help said: “They went on holiday abroad...together.” A Mediterranean cruise, Paris, Vienna, Thailand...

In 2006 business was still thriving at El Lavaderu, but something else began to go wrong. Alberto, the head chef, who had what has been described as a great relationship with Andres, became mysteriously ill. His skin reddened, he had trouble breathing, and he had vomiting spells. He kept getting worse and worse, but no cause could be found. He ended up taking a leave of absence and returning to his home town. After that, others began to have similar symptoms: kitchen staff, waiters, the owners... “We thought it was an allergy,” Chelo said. Almost everyone was ill. Only Andres and Eva seemed unaffected.

The same chronic health problems continued. Then, in May 2011, Andres and Juan Gil, the chef at the time, were working in the kitchen, when Juan collapsed to the floor, an apparent victim of a heart attack. People say Andres appeared distraught and cried his eyes out at the funeral.

In January 2012, Tino and Chelo sold the restaurant. Eight months later the new owner, Juan Luis Alfonso, took sick. He decided all of this was too strange and contacted the police about the mystery illness he and so many of his staff suffered from. He gave them the names of 14 people he knew had been affected – later the names of former employees were added to the list, bringing the total to 21.
He explained that when anyone took time off from work, they stopped having symptoms. No itching, no dizziness, no vomiting. On sick leave, vacation, or a few days off, they began to feel as good as new. All were cured, as if by magic, of the strange disease. When they returned to work, the symptoms soon returned.

He also told the police that some of the waiters had become suspicious of the assistant chef. One thing they all had in common was that Andres prepared a sandwich for them daily – and they claimed he always made sure they ate it.

As the staff began to connect the dots, they realized that the symptoms began when they drank anything

alcoholic, whether a sip of cider or mug of beer. And there was something about the timing, too. It was not simply when they drank alcohol that they felt ill, but when they drank it after eating something Andres had given them. The police asked that they keep an eye on him and make sure that no one, customer or colleague, ate or drank anything he prepared.

One day a co-worker spying on Andres saw him take out a little vial of liquid and pour it into a cup of coffee he was making for someone. Juan Luis Alfonso provided it to the police for testing. The result left no doubt that it contained a dangerous substance – calcium cyanamide, a drug used in the treatment of alcoholism. A clear liquid that has no flavor, this medication can cause drowsiness, dizziness, vomiting, skin irritation, tachycardia, hypertension, multiple organ failure and even death.
obtained the medicine from a pharmacy near his place of work. Something he did often and in large quantities, according to the police investigation.

It turned out Andres, who reportedly drank profusely each night, was under treatment for alcoholism. He easily obtained the medicine from a pharmacy near his place of work. Something he did often and in large quantities, according to the police investigation.

Andres is now in jail awaiting trial on fourteen charges of attempted homicide. That number is likely to increase. He has been declared sane, but no one has put forth a motive for his crimes. Maybe it was just for the pleasure of seeing others suffer.

Each of the victims considered Andres a friend. He spent time with them, hugged them, accompanied some of them to the doctor, knew their families, even had the keys to some of their houses. “A normal fellow” – “affectionate” – “nice” – “attentive,” are some of the terms used to describe the man they thought they knew.

One thing is certain, however: almost no one any longer believes that the cause of Juan Gil's death was natural, although nothing can be proven since his unsuspecting family had his body cremated. The one exception to the doubters is Eva, who seems as immune to the suspicions about her friend as she was to the strange epidemic that struck those around her. She continues to work in the restaurant's kitchen, but reportedly refuses to talk about what happened. People will have to wait until she takes the stand to hear what she has to say about the relationship between the assistant chef and the poison, the illness and the death at El Lavaderu.

Un poco morboso, ¿no? (A little morbid, isn’t it?)

Originally posted by Carloz on June, 2007 at http://myspainblog.wordpress.com/

Like all ancient cities, Barcelona has a colorful, exciting, and gory past. For example, have you ever wondered where the victims of the inquisition, the “autos de fe” and even the more run-of-the-mill death penalties took their last breaths during the times executions were public events in Spain? Well, the next time you’re shopping in La Boqueria public market or enjoying an evening out in El Born or taking a stroll through Ciutadella Park, stop to think that a little more than a hundred years ago you might have run into a hanging, a garroting or a firing squad in the same location.

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The death penalty was legal in Spain until the 1970s. However, until the end of the 19th century it was actually an outdoor event in most of the country, including Barcelona. The official reasoning for public execution was that it not only carried out the proscribed punishment, but did so in a way that was an example for everyone to see what end wrongdoing led to. In reality, however, the great popularity of the spectacles might have made them look more like public entertainment and a distraction than anything else. Apparently as late as the last public execution in 1897 revelry surrounded the event. While police held back the throngs, hawkers walked through the crowd selling nuts.

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Catalan writer Joan de Déu Domènech, who has just published a book on the subject, called The Spectacle of the Death Penalty (In Spanish, El Espectáculo de la Pena de Muerte; In Catalan, L’espectacle de la Pena Mort), pointed recently out that perhaps it was not mere coincidence that public executions came to an end at the same time that other events such as soccer, bullfighting and boxing were becoming popular.

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The book, which reportedly recounts the rather long, sad history of public executions in Barcelona, is published by La Campana. El Periodico de Catalunya ran a great article on it in their June 27, 2007 issue, along with a map of Barcelona highlighting places where public executions were held and with little illustrations of the preferred methods of killing in each location — burning, hanging, garrotting, firing squad, etc.

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Have a look for yourself at http://www.elperiodico.com/EDICION/ED070627/CAS/CARP01/PDF/g041mR07.PDF

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Here you can see that Plaza de la Boqueria held burnings at the stake, in addition to hanging and firing squad spectacles. The Born was a little tamer, with only the occasional hanging. But just a few steps away one could find not only hangings and firing squads, but also public garroting.

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As you can see from one of the illustrations on this map, the Catalans were not content with the plain old Spanish “garrote vil” (vile garrote) but added a sharp boring point to it. That way it not only choked the victim, but pierced the neck to break the cervical vertebrae and destroy the medulla.

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Look closer at the map and you can find other locations that will send a chill down your spine, according to Domènech:

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Plaza del Pi: underneath this little plaza adorned by the lovely little Church of Pi was the ossuary were the bodies of those who were hung at Creu Coberta were buried.

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The corner of Taulat and Llacuna streets: Where today modern apartment buildings are rising, a charnel-house (carnero in Spanish; canyet in Catalan) held the rotting bodies of heretics who were not “deserving” of burial.

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Cross-check with a modern street map of Barcelona to find Llibreteria Street and Bòria Street

http://www.tmb.net/onsoc/en_US/resultatcerca.jsp?origenx=31419.62&origeny=81968.20&descripcioorigen=C.+de+la+B%F2ria%2C+0001

where, according to Domènech, the processions of the condemned began; some who, because they had already had hands, ears or a nose amputated, did not even make it alive to the scaffolds of the Boqueria or Pla de Palau.

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Or what about the Milà i Fontanals Institute located at number 15 Egipcíaque Street? http://www.imf.csic.es/plano.htm Perhaps it is symbolic that where this institution of research and learning dedicated to the humanities now stands was where Barcelona saw its last public execution, by garrote, on June 15, 1897.