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  1. #1
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    Some police abuse Latinos, Mexican diplomat charges

    Some police abuse Latinos, Mexican diplomat charges
    By Sean Webby and Rodney Foo
    Mercury News
    San Jose Mercury News
    Article Launched:03/23/2007 01:46:15 AM PDT


    In an unusual diplomatic broadside, the Mexican consul general is demanding that San Jose police show more accountability and respect toward Latinos, pointing to a previously unpublicized allegation of police brutality to argue that officers are sometimes abusive.

    Bruno Figueroa cited the case of a 65-year-old San Jose tire store owner who says he and a nephew were roughed up during a July 30 traffic stop. The nephew alleges an officer called him a "wetback." The officers have denied that they used unnecessary force.

    The men were criminally tried for assaulting the police officers, but the case ended in a mistrial last month and the district attorney has now dismissed it. In January, one of the men, businessman Ascencio`n Caldero`n, filed a $1 million claim with the city against the officers and police department. The city rejected the claim Thursday. Caldero`n now has one year to sue the city in county court.

    "This unfortunate sequence of events ... shows that when dealing with the Latino community, some San Jose police officers will not hesitate to use force, no matter how unjustified it may be," Figueroa wrote in a statement to the Mercury News.

    The consulate's criticism of police follows the department's Tuesday release analyzing its officers' use of force.

    The report, which included an ethnic and racial breakdown of the arrestees, found officers used force in less than 5 percent of the department's 34,000 arrests. But, Latino suspects represented half of the use-of-force arrests, and force was used at a disproportionate rate - in excess of statistical norms, experts said - against African-American suspects.

    San Jose Police Chief Rob Davis declined to discuss the specifics of the Caldero`n case, other than to say that the internal investigation was not yet complete. But Davis said he was surprised by Figueroa's broader allegations.

    "We wholeheartedly agree that accountability is the cornerstone of great working relationships with any community," Davis told the Mercury News. "It is for that reason the police department holds officers accountable. When people come forth with such complaints we investigate them."

    `Trying to kill me'

    In an interview at his family's business, Calderon's Tires on Bascom Avenue, Ascencio`n Caldero`n and his 25-year-old nephew, Samuel Santana, quietly described their arrest in great detail and said they were still bewildered.

    Caldero`n shrugged.

    "They were trying to kill me," said the grandfather of 11.

    Police reports described a simple traffic stop that got ugly.

    At about 7:30 p.m. on July 30, officers stopped Santana on Alum Rock Avenue; the front license plate from his Ford Excursion was missing and he wasn't wearing a seat belt.

    Caldero`n appeared, attempting to vouch for his nephew. Officer Terry Kepler reported he told Caldero`n to back away two times.

    "I again told him to move away," Kepler wrote. "He replied, `No, that's my employee.'"

    Kepler used force on him, pinning him against the police car.

    Officer Robert McAlavey said he ordered Santana, who was outside the SUV, to return to the cab. Santana instead uttered an expletive and indicated he needed to help "my boss," McAlavey said.

    McAlavey pulled a gun and then used pepper spray.

    But Caldero`n and Santana's version of what happened differs dramatically on several important points.

    Caldero`n, who was at a taco truck nearby with his 11-year-old grandson, said he complied with the officer, only to have the officer start to beat him - slamming his face into the hood of his car, kicking him in the testicles and grinding a baton into his face and neck. He was not struggling, Caldero`n said, nor trying to escape.

    "I was in shock," Caldero`n said.

    Santana said he exited his SUV and told police: "That's my uncle right there."

    McAlavey pulled his gun and pointed it at Santana's chest and told him "Don't move ... or I'll shoot, Mexican wetback," Santana said.

    Santana said he put up his hands but the officer pepper-sprayed him anyway.

    One count each

    Caldero`n and his nephew were booked each on one count of suspicion of resisting or interfering with an officer, a misdemeanor with a maximum sentence of one year in the county jail and/or a $1,000 fine.

    In January, Santana and Caldero`n went on trial in Santa Clara County Superior Court. It ended in a mistrial when a witness on the stand produced a cell phone photo of the incident that had not been entered as an exhibit.

    In February, the district attorney's office dismissed the case.

    Although prosecutors still believe a crime took place, Supervising Deputy District Attorney Michael Fletcher said the case was dropped because of the expense and also taking into account Caldero`n's and Santana's circumstances.

    "The families had been through enough," said Fletcher, citing Caldero`n's 11-year-old grandson who witnessed the incident.

    Fletcher said it seemed unlikely a 65-year-old man was going to assault an officer but "that isn't the test that officers have to make a decision about."

    "Being a police officer is a very difficult and dangerous job," Fletcher said. "It's very easy, in retrospect, to second-guess the decisions they made when you have the benefit of sitting behind your desk."

    Attorney Alfredo Morales, who represented Caldero`n, said his client and Santana would have been acquitted even if it had gotten as far as the jury.

    "They're all very good people, humble people and hard workers and it shows when you speak to" Caldero`n, Morales said. "I'm not sure what happened with these officers but I have no doubt in my mind Mr. Caldero`n did nothing wrong."

    Caldero`n later made an official complaint to the police department's internal affairs unit. Santana said he made a complaint to the independent police auditor.

    Figueroa heard a complaint about the case and became involved because Caldero`n is a Mexican national.

    The consul said he is not alleging the police department is systemically targeting Latinos. But he said he received several other similar complaints last year and worried other cases go unreported because of fear of the police or deportation.

    Bobby Lopez, the president of the San Jose Police Officers' Association, bristled at the consul's perspectives.

    "The simple thing is in this country we have full and impartial investigations to find out the truth. And we try to reserve any judgment until that time comes," Lopez said. "I have been in Mexico and my concern is this: Has he solved their police problems before he tries to solve ours?"


    Contact Sean Webby at swebby@mercurynews.com or (40 920-5003.




    http://www.mercurynews.com/ci_5502780
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  2. #2
    Senior Member AmericanElizabeth's Avatar
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    I could say that there might be a possibility that the police acted overzealously, but of course that would be up to an investigator.

    However on the flip side of it all, look at where this happened and very likely the troubles the police have already had in CA with illegals and/or those who are ardent supporters due to their loyalty to other Latinos who are illegal.

    Of course the Consul is going to side with their own citizens, that's how their corrupted system works to patronize the people they send here illegally so they will continue to send remittances and support Mexico's corrupted government.

    jimpanz, if you find a follow up article on this about the outcome, it would be interesting to see, post it here!
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    Senior Member sippy's Avatar
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    We should all email the stats to the mexican diplomat stating how 12 Americans are killed daily at the hands of his criminal aliens.
    "Doing the same thing over and over again and expecting the same results is the definition of insanity. " Albert Einstein.

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    Senior Member AmericanElizabeth's Avatar
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    Now that would be racist, don't you know, it's supposed to be ok for illegals from Mexico, so far as their consulate would think, to kill Americans, but illegal Mexicans cannot come here and die, even of natural causes lest Americans be blamed.
    "In the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however,the timid join him, For then it costs nothing to be a Patriot." Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  5. #5
    Senior Member sippy's Avatar
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    Quote Originally Posted by AmericanElizabeth
    Now that would be racist, don't you know, it's supposed to be ok for illegals from Mexico, so far as their consulate would think, to kill Americans, but illegal Mexicans cannot come here and die, even of natural causes lest Americans be blamed.
    Liz, you are so correct! My bad...
    "Doing the same thing over and over again and expecting the same results is the definition of insanity. " Albert Einstein.

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