Denver cop who rammed protester with baton won't be charged


While most of the attention of abusive and out-of-control cops focuses on the Republican National Convention in St. Paul, there were several incidents in Denver during the Democratic National Convention that raised concern.

One of the incidents was the arrest of ABC producer Asa Eslocker.

Another was an incident caught on video where a Denver police officer rammed his baton into the chest of a Code Pink protester, telling her to “back off, bitch”. The protester, Alicia Forrest, fell to the ground where she remained motionless for several seconds.

This week the Denver District Attorney’s office said it would not file charges against police officer Scott Stewart, according to the Rocky Mountain News, whose photographer shot the following video.

Although the video only shows the officer ramming his baton into her chest, the DA’s office said that Forrest first grabbed the officer’s baton.

“A thorough review of all the evidence compels the conclusion that a woman failed to comply with repeated lawful police orders to move back,” said Lynn Kimbrough, spokeswoman for the Denver DA’s office.

“She then grabbed an officer’s baton, pushing it away. The officer pushed back, using the baton, and the woman fell to the ground. She was not injured. It was these facts that were considered in the decision.”

However, Al Crespo, a Miami photojournalist and friend of mine who was standing right next to Forrest when the officer rammed his baton into her chest, said she never grabbed the officer’s baton. And he has the photos to prove it.

The claim that Alica Forrest grabbed the policeman’s baton is not true. I was standing right next to her, and in the series of photographs that I took I show her holding a small pink bullhorn in her left hand, and a camera in her right hand at 12:27:18, and then from behind her at 12:27:20 I have a clear shot of the cop and his baton, and then at 12:27:23, he has already knocked her down and is standing over her screaming.

So in a period of 3 seconds, the cop body slammed her, she actually flew by me, and I make the out of focus – but clearly identifiable image of the cop standing there screaming.

In the video, I believe that when you see her right hand it was a reflex action trying to protect herself from the blow that was coming.

Check out Crespo’s photos here.The Miami photojournalist is going to provide the ACLU with his witness statement and the photos.

In the video, Forrest later gets arrested as she addresses a group of journalists. She was charged with criminal interferance and will appear in court Oct. 15.

Comments

Anonymous
Anonymous

The claim that Alica Forrest grabbed the policeman’s baton is not true. I was standing right next to her, and in the series of photographs that I took I show her holding a small pink bullhorn in her left hand, and a camera in her right hand at 12:27:18, and then from behind her at 12:27:20 I have a clear shot of the cop and his baton, and then at 12:27:23, he has already knocked her down and is standing over her screaming.

So in a period of 3 seconds, the cop body slammed her, she actually flew by me, and I make the out of focus – but clearly identifible image of the cop standing there screaming.

In the video, I believe that when you see her right hand it was a reflex action trying to protect herself from the blow that was coming.

I had already notified the ACLU that I was going to provide them with an affidavit of what I saw, along with the copies of the images once I got through revamping my website, and now because of this information I am going to create a folder, post all of the photos and post it on my website. It will be up by the end of the afternoon.

The site is: http://www.thephotojournalismstore.com

al crespo

Anonymous
Anonymous

what do you want me to do? Call the IAB or DA over there?

Anonymous
Anonymous

Al,

How is it you are always in the mix of things?

I just posted your link up on the post.

Anonymous
Anonymous

genewitch,

I doubt a phone call to the IAB or DA will make them change their view.

But perhaps a lawsuit will.

Anonymous
Anonymous

hi carlos,

just luck i guess….i’ve heard from this young woman’s attorney and i’m providing them with an affidavit which will include copies of my photos.

while my photos are not necessarily conclusive from a legal point of view that the claims made by the district attorney are untrue, they do offer a different visual perspective, and since the rocky mountain news video starts slightly after my photos, it expands the time line of what happened that morning.

one thing to keep in mind is that this was the only such incident to take place over 5 days of protests that included some serious scuffles between anarchists and the cops on monday night, as well as several other incidents where police and protesters clashed in the give and take of the moment.

i think that this supports the argument for the fact that this was a highly unusual act by the cop involved – given the supposed minimal amount of provocation.

if every time that a cop supposedly told a protester or member of the news media to move back and they didn’t do so fast enough the cop had resorted to body-slamming that individual, the streets would have been littered with people being knocked down.

al

Anonymous
Anonymous

Al,

According to the DA’s office, they arrived at their conclusion through witness statements.

But you were a witness and your statements contradict the DA’s statements.

I’m curious who the other “witnesses” were. I’m sure they were other cops.

Furthermore, I’m sure there is other footage out there. If you look at the beginning of the video, there is one guy with a video camera who is filming the whole thing.

I would love to see what he filmed.

Anonymous
Anonymous

The other thing is that they waited until later to arrest her for “interference” when it was clear she wasn’t interfering at the time.

If she had been interfering before, why didn’t they just handcuff her as she laid on the ground?

That’s what they normally do when somebody is breaking law.

Anonymous
Anonymous

Yeah, maybe the guy decided it was time for her to go to jail, and decided to do it when she was interviewing.

Though the guy shoving was a coward.

Anonymous
Anonymous

carlos,

i believe the situation seems to be that the police in the cities where these protests are taking place have been told to arrest anyone with whom they have any sort of contact with in order to try and nullify the potential for lawsuits by people claiming that they were the victims of police abuse.

it started here in miami in 2003 when the police started telling the protesters that they” might beat the rap, but they wouldn’t beat the ride.”

i personally witnessed 4-5 instances in denver and st paul where police engaged in some sort of action with a protester like the incident with this woman, and then instead of immediately following through with an arrest they stepped back and conferred with superiors before coming back and initiating the arrest.

in st paul on the last day of protests, a woman got pepper sprayed pretty bad in the face and she got medical treatment from the street medics, and only after that had happened did the police rush in and arrest her.

i saw several other instances where there was a time lapse between the initial confrontation and the subsequent arrest. this leads me to believe that this is now part of a developing legal strategy on the part of the police.

this is all part of a larger evolving strategy by government lawyers to challenging the legal underpining of defense tactics in protest cases.

i’ll be writing more about all of this in the near future.

al

Anonymous
Anonymous

regarding your question about my being a witness….i’m only becoming one now….because i’ve been working on a reconfiguration of my website trying to whittle down 26000 plus images down to 364 took a couple weeks and also like everyone else i’m trying to deal with life, i only got around to sending an email yesterday to the aclu in denver about my willingness to provide them with an affidavit and photos…quite frankly, these cases most of the time take years – i’m involved in a case from the 2004 republican convention in new york, and was only contacted recently about possibly being called as a witness – that i didn’t consider this to be a front burner issue until i read on your blog today that the case against the cop had been dropped.

so tomorrow i’ll put together my affidavit and photos and get it off…..

thanks for keeping on top of these things….

Anonymous
Anonymous

Have you guys ever had to keep the peace. have you guys ever been out numbered 50-1. I think not we will do what it takes to do our jobs so sue away it does not have any effect on any one

Anonymous
Anonymous

So now, not only is taking photographs illegal…. but talking to journalists is illegal too?

We ARE turning into a fascist state…. I’m rolling over in my grave.

Anonymous
Anonymous

50 to 1? shit more like your the 50… you know it will get to the point were people will be so angry that they will charge instead of run… Hopefully Obama gets in and strips the power bush gave which by the Constitution you never had the right to have.

Anonymous
Anonymous

Carlos Miller // Sep 25, 2008 at 7:27 pm

The other thing is that they waited until later to arrest her for “interference” when it was clear she wasn’t interfering at the time.

If she had been interfering before, why didn’t they just handcuff her as she laid on the ground?

That’s what they normally do when somebody is breaking law.

I posted the same exact thing on a YOUTUBE video the other night.

It’s not until she’s recovered from the ASSAULT
and is surely talking about what just happened to her that a cop comes up to her and yanks her away. Total and complete BS but I contend that the police thought there may be “problems” with
Officer Scott Sherman’s tactics which is why they arrested her later – INTIMIDATION!

Also, I have serious issues with Officer Scott Sherman’s reference to her as a BITCH.

What a SEXIST and insulting comment mixed with VIOLENCE by a POLICE OFFICER against an UNARMED WOMAN who looks like she weighs 100 lbs soaking wet.

Anonymous
Anonymous

Carlos wrote:
“i personally witnessed 4-5 instances in denver and st paul where police engaged in some sort of action with a protester like the incident with this woman, and then instead of immediately following through with an arrest they stepped back and conferred with superiors before coming back and initiating the arrest.

in st paul on the last day of protests, a woman got pepper sprayed pretty bad in the face and she got medical treatment from the street medics, and only after that had happened did the police rush in and arrest her.

i saw several other instances where there was a time lapse between the initial confrontation and the subsequent arrest. this leads me to believe that this is now part of a developing legal strategy on the part of the police.

this is all part of a larger evolving strategy by government lawyers to challenging the legal underpining of defense tactics in protest cases.”

I bet you are absolutely correct Carlos.

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