Thursday, May 18, 2017

How One 16 Year Old Terrified An Entire City Without Hurting Anyone

Greensboro's conservatives and liberals have finally found something they can wholeheartedly agree upon, In the case of Jose Charles, the juvenile who was charged with assaulting a Greensboro Police Officer on July 4, 2016 at City Center Park, liberals and conservatives agree-- the Greensboro City Council, Juvenile Court Judge Fox, and the Guilford County District Attorney's Office, are hiding something.

Many of Greensboro's liberals will tell you they are hiding police misconduct.

Many of Greensboro conservatives will tell you they are hiding something on behalf of the infamous Nelson Johnson.

But almost everyone who has looked into this case agrees, the Greensboro City Council is hiding something.

And it's an election year too?

Mayor Vaughan and City Council tried to make the case that the City was prohibited by law from releasing the body camera video of the incident. City Attorney Thomas Carruthers claims that the City wasn't allowed to do so but what about Jose or his mother, Tamara Figueroa, could either of them gotten a copy and posted it to YouTube or released it to the media?

 Now I'm no lawyer but I've spent a lot of time pouring over NC statutes and I have found nothing that would stop Jose or Tamara from doing so. There's nothing in § 7B-3000.  Juvenile court records that prevents either of them from doing so.

There's nothing in NC General Statutes - Chapter 132 that prevents Tamara and/or Jose from making public the video.

NC § 7B-3001.  Other records relating to juveniles, even states:

"(b) ...The following persons may examine and obtain copies of law enforcement records and files concerning a juvenile without an order of the court:

(1)        The juvenile or the juvenile's attorney;
(2)        The juvenile's parent, guardian, custodian, or the authorized representative of the juvenile's parent, guardian, or custodian;"

Folks, law don't get much plainer than that.

Nowhere have I found any law that restricts what Jose Charles and/or his mother Tamara Figueroa can do with the video after they get a copy.

And the now famous House Bill 972 that the Greensboro City Council hid behind as part of their effort to keep the video secret? From HB 972, AKA § 132-1.4A.  Law enforcement agency recordings:

"(c) Disclosure; General. – Recordings in the custody of a law enforcement agency shall be disclosed only as provided by this section. A person requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers. The head of the custodial law enforcement agency may only disclose a recording to the following:

(1) A person whose image or voice is in the recording.
(2) A personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure.
(3) A personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording.
(4) A personal representative of a deceased person whose image or voice is in the recording.
(5) A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure."

I challenge anyone to show me any North Carolina law that prohibits Jose or Tamara from securing and releasing that video.

Seriously folks, there's nothing in this for me. Those highlighted words aren't advertisements, they are actual links to state law hosted on the State of North Carolina website. You don't have to believe me, you can read for yourself. I'm just making it easier to find.

So if there is no law preventing the release of the video then why hasn't the video been released?

Here's what Lamar Gibson had to say:

Would Lamar lie to me? On Facebook? Hell no, Lamar has seen me copy and paste from Facebook lots of times-- he's not stupid. Lamar knows how I work.

If Lamar says there was a court order to suppress the video then I believe him.

And you should too.

The Greensboro Human Relations Commission voted unanimously to ask the City Council to direct the city attorney to seek release of Jose Charles video. Will it be done?

Your guess is as good as mine.

So why was a court order necessary to prevent Tamara Figueroa from securing and releasing police body camera video of her son?

Simply really, because there was no law to prevent the release of the video so at the request of the District Attorney's office, Judge Fox ordered the video kept secret. Like Lamar said:

"The DA's office made a motion to suppress his access "to protect him"And the judge granted that motion."

Protect him from what? There has been a lot of talk about protecting Jose Charles, even City Councilman Mike Barber talked about protecting Jose Charles, but no one has told us who or what they want to protect him from?

Maybe if they would tell us we could all be on the lookout. I mean, are others in danger as well? Are your children in danger too?
And how would we know when our city leaders continue to talk in obscure terms about invisible bogymen.

Councilman Barber, do you still check under your bed for monsters every night before you go to sleep? Mayor Vaughan? Councilwoman Hightower?

But that's not all. The story gets even better. Look at what else Lamar had to say:

"The DA's office wanted to stop the release because they believed mom had "political motivations". The judge bought the argument."

So what if the mom had political motivations? Ever heard of political free speech, Judge Fox? Ever heard of the United States Constitution. The Bill of Rights? You, along with the Guilford County District Attorney and the Greensboro City Council, just took the first step towards creating the Union of Soviet Socialist Greensboro where ideas are suppressed by those in power simply because those in power fear the ideas might catch on.

And you've brought Greensboro one step closer to becoming the Oligarchy Greensboro's status quo hopes to see it become.

Amazingly, Judge Fox, The Guilford County District Attorney, and the Greensboro City Council are so scared of Nelson Johnson and the remote possibility that he and his followers might bring a communist agenda into power in Greensboro, that they are willing to use the very techniques perfected in the USSR to make it happen.

And in doing so you become just like your greatest fears.

By the way, did I mention the charges against Jose Charles were dropped in a twisted plea bargain agreement in which he plead guilty to completely unrelated charges for which he got a 14 day suspended sentence. That's right, 14 days suspended. Jose must have been a really bad hombre to get 14 days suspended sentence.

That last line was sarcasm for those of you too dumb to realize it.