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How much should you charge for a photograph?Detroit journalist still facing felony charges for photographing cop scene
A Detroit journalist who was arrested last November for taking pictures at a police scene is still facing two felony counts despite the fact that the charges are an obvious act of retaliation from a vengeful prosecutor.
Diane Bukowski was initially facing five felony counts of assaulting, resisting and obstructing a police officer, but a judge reduced them to two felony charges, which is still a travesty considering a Seattle deputy is facing a single misdemeanor charge for violently attacking a teenage girl.
In fact, police charged her with a single misdemeanor after she allegedly crossed a police line to photograph the scene of a double fatality resulting from a police chase. They also deleted her photos.
But a few days later, Wayne County Prosecutor Kym Worthy slapped her with five felonies.
After all, Bukowski has been a frequent critic of Worthy “for not bringing criminal charges against officers involved in cases where evidence indicated shootings were unwarranted,” according to the Detroit Metro Times.
Now the ACLU is also suggesting that this is a case of retaliation, according to the Michigan Messenger.
The ACLU noted that Bukowski has reported on allegations of illegal strip and cavity searches by police in southwest Detroit and the refusal of Wayne County Prosecutor Kym Worthy to prosecute police involved in killings.
“ [T]he danger is real that any ruling or verdict by the court that is adverse to the defendant’s interest (whether deserved or not), will be perceived by many as retaliation for her journalistic work,“ the group wrote. “These suspicions can be bolstered by questions about why the defendant is being prosecuted zealously given the absence of allegations that any real harm in the way of physical injuries or property damage resulted from her actions. Such perceptions and questions can chill journalist’s aggressive pursuit of information that the Constitution’s framers believed was essential to a healthy democracy.”
A spokeswoman for Prosecutor Kym Worthy denied the charges were retaliation against Bukowksi.
“We do not bring cases to retaliate,” said Maria Miller, spokeswoman and assistant prosecutor for Wayne County. “Her case was charged and is being prosecuted because we believe we can prove beyond a reasonable doubt the charge in this particular case.”
Bukowski, who is facing two years in prison, is scheduled to go to trial on April 27.
Comments
I hope they throw the book at her. I would like to see her get sued by the cops that she accused of killing this guy when the video shows they didn’t ram him. This guy was on a stolen motorcycle running from the police, lost control and killed somebody, and she is pointing fingers at the police. How about pointing fingers at the piece of trash on the stolen bike. This must of been one inexperienced biker if he let a patrol car get close enough to ram him. Sounds like the cops were pretty lenient on her, they gave her a break and arrested her for a misdemeanor. I guess there is a lesson to be learned here, if your going to be a pain in the ass to the prosecutor you better stay on your best behavior. I hope she gets what she has coming to her.
wrong board
Two thoughts:
1) If she crossed police lines for the picture she should be convicted of a misdemeanor – felony is ridiculous.
2) When are they going to make a camera where it requires a password or fingerprint scan to delete the pictures?
Why aren’t they ‘throwing the book’ at the officer who destroyed her property and destroyed evidence?
Jones,
If you have the video, then lets’ get it posted. Because I haven’t been able to find it.
But even if she did cross the police line, I still don’t see how that is a felony.
I wonder if the judge can find her guilty of a misdemeanour (lesser and included) charge instead of what she has been charged with. If not then the judge should penalize her for what damage actually occurred because of her crossing the line, like a suspended sentence.
Remember this is the First Amendment, Freedom of the Press, what more need be said.
What do the police fear, other than the public better fear the police. Her next picture might be the cops man handling you, because you refuse to be searched just because you are out in public. Right now the police are accosting citizens who have done nothing, telling you hands up on the wall, and search you, when you have not been acused of any crime. What’s next: When they knock on your door, and demand you show ID for everyone in the home, then search your home to see if you have anything illegal in your home. While the cops tell the Press to get lost. This is definately a First Amendment case, no matter what the police problem with the offender.
Does the video or any pictures exist?
Chicago Copwatch,
If there is a video or more photos, I have yet to seen them.
The individual woman is required... a thousand times a day to choose either to accept her appointed role and thereby rescue her good disposition out of the wreckage of her self-respect, or else follow an independent line of behavior and rescue her self-respect out of the wreckage of her good disposition.It is well observed by Rankin.
curt
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