Seattle cyber sleuth proves cops to be liars


The more technology advances, the more we learn the truth about cops.

That they lie through their teeth.

The latest evidence comes to us from Seattle where a cyber sleuth named Eric Rachner proved that his local police department not only violated his civil rights by arresting him for refusing to identify himself, but that they were lying sacks of shit when it came to providing video and audio of his arrest, which is public record.

It started back in October 2008 when Rachner and a group of drunk friends were playing “urban golf” where they were whacking a foam ball from bar to bar, creating all kinds of chaos.

At one point, one of his friends sliced the sponge ball where it hit a bystander in the face. When the group of drunks laughed and heckled the man, the man dialed 911.

Gabriel Scott Clark acknowledged he wasn’t hurt, he just happens to be a little bitch who now lives in Miami, according to the Seattle Press-Intelligencer.

So four cops showed up and detained at least 30 of the revelers, asking for each of their names.

When one of the cops asked Rachner for his name, he refused, something he is entitled to do under Washington law.

Confronted by officer Michele Letizia, Rachner politely declined to state his name. He also indicated where he kept his wallet with ID. The policeman removed the wallet from Rachner’s pocket, but both men declined to open it. The officer expressed fear he could be accused of stealing cash.

Letizia threatened to arrest the 32-year-old Capitol Hill reveler for obstruction if he didn’t provide his name as others had. The cop told Rachner that booking on a Saturday night could mean cell time until Monday. Rachner remained mum. Letizia arrested him, based on the refusal to provide ID, according to arrest and court documents.

Rachner was charged with obstruction, which is another code name for contempt-of-cop.

Rachner’s criminal defense attorney sought dismissal of his gross misdemeanor charge, citing the Washington State Supreme Court decision that says arresting a person for nothing more than withholding identification is unconstitutional. One reason cited by the court: This practice allows police too much discretion to pick targets and punish with arrest. Also, the state constitution is more protective of these rights than the U.S. constitution.

But then-city attorney Tom Carr’s office kept the prosecution going for half a year. William Ross, the former assistant city attorney who handled part of the case, acknowledged that it is illegal to arrest someone for nothing more than failure to give ID, but declined to discuss case details other than to say the office didn’t abuse its authority.

Realizing that they were going after him even though he did nothing illegal, Rachner began making public records requests to obtain the video and audio from his arrest, which should have been available considering every Seattle police officer is required to have video cameras in their cars and microphones on their uniforms because of inconsistent reports in the past.

At first, the Seattle Police Department refused to turn over the evidence because the charges were still pending, which means they are the ones who should have been charged with obstruction because this prevented him from building up a defense against them.

But Rachner continued to ask for the evidence more than six months later, even after they had dropped his case for lack of proof (and after he had spent more than $3,500 in legal fees).

Now they had another excuse why they couldn’t hand over the evidence.

The department responded: “These recordings are both past our retention period and can no longer be obtained. Please note that the majority of 911 calls and videos are retained for a period of ninety (90) days.”

And most people would just have to accept that answer.

But not Rachner, who used his cyber sleuth skills to prove they were lying.

Using his skills as a computer security geek, Eric Rachner spent long hours at his latpop in his apartment sleuthing out what happened to the police video and audio recordings of his arrest.
Rachner didn’t hack the police computers, but with attorney Stockmeyer’s advice he spent several late nights starting in October poring line-by-line over technical aspects of the video and audio recording system. He examined the Houston-area manufacturer’s contracts, specifications and procedures.

Why bother? With charges dropped, Rachner says a major incentive now is protecting his trust-sensitive career in which he is “frequently subject to background checks.”

“In this business, even having an accusation on your record has concrete financial implications,” said Kaminsky, who became internationally famous in 2008 when he discovered a security hole in the Internet — the entire Internet — and helped computer companies worldwide fix it.

Rachner hit pay dirt when a procurement contract and system specs revealed that a computerized log is kept permanently on every video and audio recording, showing when anyone uploads it, flags it for retention, plays it, copies it or deletes it.

He also discovered recordings aren’t regularly destroyed every 90 days, but are kept for a variety of reasons. While they can be destroyed after three months, that erasure isn’t mandated.

And the more he dug, the more lies he discovered, including a deliberate cover-up by internal affairs.

But even after all that, the cops continued to lie, offering weak excuses as to why they couldn’t provide the evidence in the first place.

“The explanation is our servers failed,” said Seattle Police spokesman Sgt. Sean Whitcomb. “Data was lost, more than his, and it took some time to recover it.”

So now defense lawyers are scrambling to find out in how many other cases the Seattle Police Department lied about when they refused to provide electronic evidence. And there’s no telling how many of those charges will be reversed.

Among other ID-refusal obstruction arrests Rachner uncovered were the “bizarre” ordeals of Howard Mulvihill Jr., 26, and his mother Beverly Mulvihill, 61. They spent two nights and one night in custody, respectively, after their September 2008 arrests, records show. The city attorney quickly dismissed both charges.

Police were suspicious because the pair lingered more than an hour in a car watching a movie in a downtown fast food restaurant parking lot, the arrest report said. Mulvihill Jr. said he was waiting that night to report for dock work.

After the man refused to give his identification, officers grabbed him, injured his head and Tased him while the mother objected, the report said. Internal investigations sustained a complaint against one officer, said a March 2009 SPD letter. He received additional training, Whitcomb said.

“At least we know it is supposed to be against the law for them to arrest us for that,” said the mother.

Sounds like the Seattle Police Department needs to prepare for some hefty settlements.

Comments

Anonymous
Anonymous

I had already read about this on Slashdot. Excellent work by Rachner. Maybe he’ll get some sort of award from the EFF (Electronic Frontier Foundation) for what he’s done.

The sad thing is, it’s clear the cops violated the law but they’ll never be touched for obstruction of justice for hiding the tapes from him.
Difster´s last blog ..The Best of Difster

Anonymous
Anonymous

“Why bother? With charges dropped, Rachner says a major incentive now is protecting his trust-sensitive career in which he is “frequently subject to background checks.””

Since you think the victim, Gabriel Scott Clark, is a ‘little bitch,’ do you think the same of Rachner for taking this all the way? I knew this blog was anti-cop corruption, but I didn’t know it was also anti-victim and pro-people-should-be-able-to-do-whatever-the-hell-they-please, damn-others.

Anonymous
Anonymous

Haha the guy is a little bitch? Who wants to deal with a bunch of assholes fucking around at multiple bars? Rachner shouldn’t be taken in for refusing to give ID, but taken in for disturbing the peace. Fuck him.

Anonymous
Anonymous

The “victim” called the cops because he was hit with something soft and foamy and got heckled for getting pissy about it.

Sorry, no injury, no harm done whatsoever, nothing but an incredibly minor inconvenience at best. Pretty hard to call him a “victim” of anything. So he gets upset and the first thing he does is calls the government thugs to come and teach some stupid drunks a lesson that were not doing anything harmful or violating anyone’s rights.

Victim? No, he’s a little bitch.
Difster´s last blog ..The Best of Difster

Anonymous
Anonymous

“Gabriel Scott Clark acknowledged he wasn’t hurt, he just happens to be a little bitch who now lives in Miami”

I hope you can clarify that line before I unsubscribe from your feed.
trent´s last blog ..Philip Bloom and Khalid Mohtaseb discuss Cinematic journalism at NAB « DSLR News Shooter

Anonymous
Anonymous

“little bitch” is uncalled for Carlos. On the other hand, is not tirning over your id worth getting arrested for? How about picking and choosing your battles?

Anonymous
Anonymous

“Sorry, no injury, no harm done whatsoever, nothing but an incredibly minor inconvenience at best.”

So you feel the same about someone who would put fecal matter under car door handles? I mean just a minor inconvenience to wash your hands and such.

Anonymous
Anonymous

““little bitch” is uncalled for Carlos.”

I wonder, if I put poop in an area where someone would touch it, would they be “little bitch” and call the cops, or would they man up and just wash off their hands? No physical harm done, and washing off ones hands is just a minor inconvenience.

Anonymous
Anonymous

Yes, not turning over your id is worth getting arrested for. If you aren’t willing to stand up you might as well lay down.
mepsipax´s last blog ..Fuck you breeders

Anonymous
Anonymous

I agree he is a little bitch based on the evidence provided. However, dealing with people in the bars can be not worth the trouble. Would I call the cops? Probably not, but that was his choice. He probably didn’t want them arrested.
Either way, the cops were in the wrong.
mepsipax´s last blog ..Fuck you breeders

Anonymous
Anonymous

The guy got hit by a little foam ball. Then they made fun of him.

Then he called 911.

To me, it should take a little more than that to get the cops involved.

I would have just blown it off and walked off. It’s only a foam ball.

Anonymous
Anonymous

Joe Doe wrote: “So you feel the same about someone who would put fecal matter under car door handles? I mean just a minor inconvenience to wash your hands and such.”

Well, there’s also the risk of being infected by somebody else’s e-coli, no small matter.

Anonymous
Anonymous

The real issue here, despite Joe Doe’s attempt to sidtrack the discussion, is that the police made a bad arrest and then conspired to cover their tracks. Its all to typical of law enforcement all accross the board. Once one of them tells a lie the rest clam up and refuse to help bring the truth to light. I can’t say I blame them, an “accidental shooting” at the police gun range could prove fatal.

Anonymous
Anonymous

This blog is a First Amendment blog. If I believe the “victim” is a little bitch, then I will say he is a little bitch.

And if my readers disagree with my opinion, then they are welcome to state their opinions.

Anonymous
Anonymous

Joe Doe wrote: “I knew this blog was anti-cop corruption, but I didn’t know it was also anti-victim and pro-people-should-be-able-to-do-whatever-the-hell-they-please, damn-others.”

Now just WHAT blog have you been reading?

Anonymous
Anonymous

If I believe the “victim” is a little bitch, then I will say he is a little bitch.

HAHAHAHA! I love it.
pajama momma´s last blog ..Big Boob Friday™: Paying Your Debt To Society Edition

Anonymous
Anonymous

people who write comments under aliases are cowards. I’ll give you my real name and address, my DL number and occupation because what I have to say comes from me. Cowards who take the 1st amendment to mean that they can say whatever they want and still remain anon are just what I have said.

This is the most important story to come out of Carlo’s movement. This man is a national hero.

Anonymous
Anonymous

The saddest part of the “drug war” and the post 9-11 mentality is that we have militarized our local and state police forces. They have nothing but a it’s us against the enemy mentality. and the enemy is us. I just want to cry about it.

Anonymous
Anonymous

steveo wrote: “The saddest part of the “drug war” and the post 9-11 mentality is that we have militarized our local and state police forces. They have nothing but a it’s us against the enemy mentality. and the enemy is us.” Yeah, its distorted the whole idea of what law enforcement is all about. For my money the “war on drugs” is nothing less or more than “The Law Enforcement Officer’s Right to Work Act.”

Anonymous
Anonymous

its not about “picking your fights” and deciding if its “worth it” to get arrested over refusal to show id. its about what’s -RIGHT-. the cops shouldn’t be asking you in the first place, and if they’re wrong, you should not give in.

good job on this blog carlos.

and yes, that guy was a little bitch.

Anonymous
Anonymous

You seem to have quite a fecal matter fixation.

Do you see some link between foam balls and fecal matter no one else does?
Michaelk42´s last blog ..Are they even trying?

Anonymous
Anonymous

Holy crap, a psycho-anal-yst!!

Anonymous
Anonymous

“So he gets upset and the first thing he does is calls the government thugs to come and teach some stupid drunks a lesson that were not doing anything harmful or violating anyone’s rights.”

People just want to have a good time and don’t want to have to worry about a bunch of assholes playing urban golf and getting hit in the face with a foam ball. Drunk people swinging golf clubs around is not exactly what I would call a safe situation.

Anonymous
Anonymous

Spokker,

The story doesn’t say they were using actual golf clubs though perhaps they were. In any case, the guy didn’t call the police because of menacing individuals with golf clubs, he call the police because he got hit with FOAM. Drunk people with golf clubs may not be SAFE but it’s not ILLEGAL either. Should it be? Do you really want law enforcement trying to protect you against everything that is potentially unsafe including foam balls? I hereby declare you to be a little bitch too.
Difster´s last blog ..The Best of Difster

Anonymous
Anonymous

It was clearly disturbing the peace. The foam ball can land in your soup, topple over your drink, or simply annoy the shit out of a ton of people.

Yes, law enforcement should step in and stop the offender. You’re a piece of shit.

Anonymous
Anonymous

Poor little Spokker. I’m sorry that you think law enforecement should stop everyone that might annoy anyone else. Clearly it is the purpose the police to make sure no one is ever bothered by anyone. Does this apply to noisy children? Should the police stop them too?

You must be a lot of fun at a party. I’ve changed your designation to Stupid Little Bitch.
Difster´s last blog ..The Best of Difster

Anonymous
Anonymous

Well Spokker, the information provided said he was hit with a soft sponge ball and not a golf club, right?
Then the little turd decided he could not live with such terrible abuse and calls in the thugs bearing badges. When a kid hit me in the head with a basketball, unintentionally, I yelled “Ya gotta use something harder than that to hurt this old man!” and threw his basketball back to him. The thought of calling the cops never entered my mind.

Anonymous
Anonymous

Well, Spokker, somebody could also fart in a crowded elevator but nobody is going to call the cops over it.

Anonymous
Anonymous

I’ve helped to get people evicted from my apartment complex because myself and others called in noise complaints to the local police department. Accumulate too many complaints and the landlord kicks your ass out.

Bwahahahahahah yes, the police do settle matters related to noise and annoyances and many people seem to agree! You lose, the little bitches win!

Anonymous
Anonymous

Well, yeah, when people can’t settle minor problems amongst themselves like adults, the police sometimes have to come and do it for them. And then the landlord gets sick of dealing with a bunch of children…

If you win at being a “whiny little bitch,” is that something you really want to announce?
Michaelk42´s last blog ..Are they even trying?

Anonymous
Anonymous

Spokker, that’s the way it should be. When a whole bunch of people in an apartment complex are fed up with the nuisance created by one or two individuals then out the miscreants go. However, if one whiney little jerk is complaining and nobody else is……

Anonymous
Anonymous

I agree with Carlos’ assessment of this guy. Those foam balls are very soft and he way overreacted to the situation. Americans are conditioned to dial 911 at any annoyance. The justice system should not be used for every single incident. Only serious threats to life or property should warrant 911 calls. A father of a 10 year old boy called the sheriff one night at a popular restaurant near here. The reason was an adult woman (who had been drinking) asked the kid to let her play a sit down arcade game he was sitting but not playing at. The father got mad and dialed 911. Two deputies wasted half an hour over such a silly thing. This ranks right up there with that.

Anonymous
Anonymous

Aside from that, every time you call the police, you put yourself at risk. Police misinterpret situations, statements, etc. and if you call the cops and say the wrong thing, YOU can be the one arrested, ticketed or (as we’ve seen plenty of on here) beaten to a pulp with no provocation whatsoever.
Difster´s last blog ..The Best of Difster

Anonymous
Anonymous

Yes, we’ve reached the sad situation in this country where one is smart to avoid the police except in the most dire of circumstances.

Anonymous
Anonymous

How were the cops in the wrong? The police can request ID & arrest you for not providing ID if they think you have already, or are likely to commit a crime.

Now i’m no expert on Urban Golf, but doesn’t that mean that you had a group of drunk louts running around with golf clubs, going from bar to bar… Because i’m no cop (or USA law expert), but thats a good enough grounds for a stop & ID check here in Australia.

Especially since the cop will be unlikely to understand or care that you are playing urban golf. It all depends on point of view guys, you should look at it from both sides of the equation.

-M

Anonymous
Anonymous

or are likely to commit a crime.

Thought police are my favorite.

Anonymous
Anonymous

really? Thought Bloggers are my favorite. Seriously though, you see a group of guys walking down the street, drunk carrying around golf clubs & you’ve had a report of someone being hit in the face by something, the first thing that leaps to mind is not “Urban Golf.”

The first thing that leaps to mind is drunken arsehole looking to cause trouble. Now this may not be the case, but as a wise man once said “When you here Hooves, don’t think Zebra.”

-M

Anonymous
Anonymous

I appreciated his ANALogy.

Anonymous
Anonymous

You’re clearly not the Spok that was given the gift of logic.

Anonymous
Anonymous

If i get hit by a foam ball from a bunch of drunks and they laugh at me, ill kindly respond by throwing the ball back at them and tell to F off!

Anonymous
Anonymous

WHAT? And pass up the opportunity to really screw up somebody’s life? For shame!

Anonymous
Anonymous

Did you read the article? No they CANNOT arrest for failing to provide ID, regardless if they think you have or are likely to commit a crime. They can only arrest you if they have probable cause to think you have committed a crime.

Jeez.

Anonymous
Anonymous

Yeah, calling the cops seems a bit more of a dullard move than just calling it quits for the night. But I have been pushed around by pillocks and their toadies before. It sucks. But I have never been driven to call the popo.

But don’t forget, if these asshats wouldn’t have been acting shitty in public, no one would have had to call the cops to begin with.

The police, being the characters that have the guns, tasers, armor and “backup” should have just diffused the situation and moved on.

Sow, meet reap.

Anonymous
Anonymous

I agree, what happened here was a turd met a shit pile and the cops were called in so it REALLY began to stink!

Anonymous
Anonymous

The problem with statements like “little bitch” is that they reduce the credibility of this important blog. Many people who can be persuaded by the reporting are dissuaded by the rhetoric. A shame, and so self-indulgent and unnecessary.

Anonymous
Anonymous

So I’m guessing its okay to show up at a restaurant and start batting whiffle balls around? How do you settle a dispute with someone who is already bent on disturbing the peace like that? I wouldn’t call 911 but if I were the manager of the joint I would call the non-emergency number.

Anonymous
Anonymous

I’d have picked up the foam ball, put some fecal material on it and stuck on their car door handle.

Anonymous
Anonymous

You say, “Hey fellas, why don’t you take it somewhere else. Please don’t do that out in front of my establishment.”

Don’t bitch out and call someone over some harmless drunken fun, be a man and handle it yourself.

Anonymous
Anonymous

You carry fecal matter around with you? Remind me not to shake your hand

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