Press release on the DA’s investigation
October 16, 2012
For Immediate Release
Blueford Coalition Condemns DA Report: Biased, Deficient
The Justice 4 Alan Blueford Coalition strongly condemns the report issued last week by District Attorney Nancy O’Malley clearing Officer Miguel Masso of any wrongdoing in the shooting death of Alan Blueford last May. The report reveals a high level of bias and a shamefully inadequate demonstration of investigative methodology. The District Attorney’s failure to carefully review and challenge statements contained in the report of the Oakland Police Department go against the community’s need for answers in this tragic officer-involved shooting. The delinquencies of the DA report are major and clearly demonstrate DA O’Malley’s unwillingness to carry out the sworn duties of her office.
The bias of the DA report is evident in its reliance solely upon witness and other statements supporting the notion that Officer Masso was justified in killing Alan Blueford. One example of this bias is Officer Masso’s statement that he fired at Alan while Alan was standing, which is stated as fact in the DA’s report, yet 11 out of 12 witnesses who comment on where Alan was when Officer Masso took the first shot say that Officer Masso first fired when Alan was lying on the ground. This important discrepancy is not mentioned in the DA’s report. Based on the numerous instances of such unbalanced review of the facts, one must conclude that the DA’s report is highly prejudicial.
District Attorney O’Malley’s failure to insist upon an analysis of the evidence leaves many important questions unanswered, including: Did the DA determine Masso’s account of his and Alan’s movements before Alan was shot to be logistically possible? Why are the gun shell casings so dispersed, given Masso’s account of the shooting? How could the gun, which Officer Masso claimed was in Alan’s hand when he shot Alan, be found 20 feet away from Alan, behind his body and up an inclined driveway? Were there scratch or skid marks on this gun, which had allegedly been in Alan’s hand, congruent with the direction in which the gun would have to have traveled to reach its destination? (No witness reports a gun moving from Alan’s hand to 20 feet away, up the driveway.) Perhaps most disturbing is the DA’s failure to investigate why Alan’s last words (as reported by several witnesses) were, “I didn’t do anything,” words which clearly indicate that Alan never presented an imminent threat to Officer Masso.
District Attorney O’Malley’s report on the shooting death of Alan Blueford is a travesty of justice. For the record, the Justice 4 Alan Blueford Coalition will present District Attorney O’Malley with a more formalized and detailed exposé of the problems contained in her report at our 4:30 PM press conference today at the DA’s office. We reiterate our demands that Officer Masso be fired and prosecuted for the murder of Alan Blueford, and that the Oakland Police Department cease its de facto practices of racial profiling and stop & frisk. As a community response to the widespread and intolerable practice of racial profiling which targeted Alan Blueford and his friends, the Justice 4 Alan Blueford Coalition is organizing a Bay Area Families March Against Racial Profiling on Saturday, November 10th, beginning at noon at 14th & Broadway in downtown Oakland. We’re bringing together families of victims of police intimidation, brutality and murder to call for an end to racial profiling and the consequent criminalization of black and brown men.
Press conference on Alan Blueford’s police report
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Seeking Justice for Alan Blueford at the Militarized Oakland City Council: Police Murder and Political Contestation in the “International City of Peace”
By: Mike King
The Blueford family and the Justice for Alan Blueford (JAB) Coalition returned to City Hall last night, after causing such a disruption at the last meeting (September 18th) that it was cancelled. On Tuesday evening, over 200 people came out to support the Bluefords in demanding answers, over 100 of whom were barred from entering the City Council meeting by Oakland police. Inside the City Council chambers, the Blueford family and several dozen supporters demanded answers and the police report, and that the officer who killed Alan be fired. This took place amidst empty seats and a large police presence inside the closed doors of the chamber, as a large crowd outside demanded to be let in. Shouts of “No Justice! No Peace!” and “Jail Masso, Now!” resounded inside and outside of the chambers, preventing City Council from conducting business for over and hour and a half. Oakland police physically barred the doors to the chamber, blocking a large group, including members of several unions and religious and community organizations from entering. The shouts of “Let us in!” and “Our City Council!” boomed, measured to be 100 decibels, as police stood smirking, guarding a half-full City Council meeting that is supposed to be a public event. After ninety minutes of constant chanting prevented the City Council from addressing their agenda, Council member Larry Reid stood up, exasperated, and gave the family his copy of the police report. At that juncture the family felt that the point had been made, again, that City Council would have to deal with this matter. The (redacted) police report, said to be available to the public soon, will nonetheless likely shed more light on the police misconduct that took place on the night of May 6th.
Alan was shot by Oakland Police officer Miguel Masso on May 6, 2012. Although police contend that Alan had a weapon, several eyewitnesses all say that Alan had no weapon. The long-delayed coroner’s report showed that Alan was laying on the ground with his hands over his head when he has shot. He had no gunpowder residue on his hands despite previous allegations by the Oakland Police Department (OPD) that he had fired at Masso. Masso had shot himself in the foot, before shooting Alan three times. The Oakland police had continued to withhold the police report, and the City Council had refused to demand it (erroneously saying that they did not have that authority), until Reid handed over his own personal copy last night. The police report, a document that can typically be had in 72 hours, has been purposely delayed to hide the facts of the case. City Administrator Deanna Santana, who has had the power to both demand the police report and fire officer Masso, recently said she might give the police an additional 6-month extension, meaning it would not have been released until next Spring. It seems Larry Reid, in his frustration, deviated from the plan last night in handing over the report. City Council, instead of requesting the release of the police report (let alone demanding that Masso be fired), spent the last two weeks preparing to limit public access to City Council meetings. The family finds this unacceptable and the JAB Coalition is committed to making sure there will be no business as usual until Masso is fired and charged.
Brutality, Corruption and Lies: The Last Few Steps to Federal Receivership
The OPD, and now City Council, have lied to the Blueford family and the community every step of the way. They said he had a gun. They said he had shot Masso. They said he was taken to the hospital, when in reality he was left to die on the street, and then not taken to the coroner’s for over three hours. Chief Jordan continued to lie to the community and media, saying that Alan had fired a weapon weeks after the killing. City leaders kept saying that the police report isn’t finished, right up until the moment they gave up and handed it over. Council member Reid said they would give the Bluefords the report if they left the City Council meeting on September 18th. When the family did not fall for that tactic, which would have defused the City Hall disruption, Chief Jordan said that the police report was not ready and he needed more time to redact the document after the City Council meeting was canceled. Why has it been redacted? Why did it take 5 months and two nights of disruption to simply give the police report to Alan’s family? Why can anyone else get a report in 72 hours and a grieving family has to go through all of this?
The broader questions about officer Masso bear more attention as well. Journalist Ali Winston has reported that Masso left the NYPD after his involvement in the beating of a man in custody. Why is Oakland, a city looking at the very real possibility of being the first major city in the US to be placed under federal receivership, hiring a cop who was, at that time, currently under investigation for abuse in another city? The looming threat of federal receivership, which will be decided when Thelton Henderson’s courtroom reconvenes in December, shades this whole process. The city finds itself in a catch-22. If they fire Masso they admit to police misconduct under their watch; if they persist in doing nothing (but lie and attempt to manipulate the grieving family), they will face continuous pressure and disruption from the family, the coalition and the community. Their current strategy of doing nothing to hold Masso accountable has been coupled with an attempt to limit democratic assembly in City Council meetings and smear the family’s supporters as an unruly “mob” that simply like to disrupt things. TheOakland Tribune quoted a recent report by federal monitor Robert Warshaw, which found that the investigation of questionable officer-involved shootings in Oakland had “the most deficiencies and the least inquisitiveness.” Nobody knows what changes federal receivership would bring, and by no means will it come anywhere close to resolving questions of police profiling and violence. However, what is becoming increasingly clear is that the Oakland Police and the city leaders trying to shield this cop with a legacy of brutality from justice, just might be the tipping point that ushers in that federal takeover.
To Aid and Abet Those That Do Not Protect and Serve
No one is disrupting City Council for the sake of it. There are demands. They are being made very clearly and they can be easily met. They are demands that would not even need to be made in a city that did not prioritize aiding and abetting corrupt and violent cops over the health and well-being of the city’s residents. The demands are that Masso be taken off paid leave and fired, and that he be criminally charged. The Blueford family and the JAB Coalition are not springing this on City Council, they have had 5 months to fire Masso, so that the District Attorney can evaluate the case and file charges. Maybe the police murdering young black men like Alan, who was laying defenseless on the ground without a weapon, is so commonplace to them that they feel that they can simply keep lying to the grieving family, waiting for community support to wane or criminalizing that support. Then maybe, in the worst-case scenario, the city will have to pay a settlement in a year or two, adding to the $57 million in police misconduct claims in the past ten years. City Administrator Santana has the power to fire Masso with a phone call, but does not. City officials that would help obstruct justice have absolutely no moral authority to declare those that would use their voices to demand justice an unruly mob. The significance of the City Council having their meeting behind closed doors, protected by a wall of OPD officers, just so they can carry out their business without holding that police force accountable, is only lost on the Council members themselves.
The “Blue Wall of Silence” doesn’t end with beat cops and Commanders; the Chief, Mayor and City Administrator have a vested interest in making sure justice is not served in this case. Disclosing the facts of the case before the receivership ruling of U.S. District Court Judge Henderson may make the likelihood of federal receivership an inevitability, with probable political repercussions for the city politicians who have been overseeing this shameful mess. Just as Deanna Santana tried to “take white-out to her report card” with the Frazier report that detailed the dozens of OPD violations in its policing of Occupy (asking the independent investigators if she could edit the report before it was finalized), when it comes to the oversight of their notoriously dysfunctional police department, they not only keep and praise cops involved in numerous suspicious killings, they let them train other officers in how to handle weapons. When Occupy Oakland re-opened a long-closed library in the Fruitvale district, with overwhelming support and participation from the community, City Administrator Santana made evicting the library an immediate priority, and it was shuddered within days. Why after 5 months of Alan’s murder being on her radar, has Santana failed to do a single thing?
When Occupy Oakland was camped out on their front lawn, City Hall lamented that Occupy had no demands and they had no one they could negotiate with, and we were met with brute force, criminalization, harassment, the suspension of 1st Amendment rights, and subjected to a constant smearing in the lapdog press that continues to this day. Here we are a year later in a much more specific struggle. You want demands? Fire Masso and charge him with murder. You want someone to negotiate with? You got it, talk to Alan’s mother, Jeralynn. To this point all she has heard from the likes of City Administrator Santana and Chief Jordan are lies, all she has gotten from the likes of City Council member Larry Reid are empty promises designed to patronize and give false hope in the city’s broken political system. A political system that, after what we saw last night, could clearly care less that their cowardly continuation of avoiding responsibility by not firing Officer Masso extends the family’s grieving and compounds their pain. This avoidance of responsibility is a perpetual pouring of salt in the wounds of the Blueford family. We are being led to believe that the real tragedy here is that City Council had their meeting delayed, limiting their time to discuss the pressing concerns of the City of Oakland, like further subsidizing golf courses to make up lost profit, or shamelessly declaring yourself an “international city of peace,” as your unaccountable police force creeps all over the city with their lights out, their twitchy trigger fingers waiting to kill another unarmed black kid without a glimmer of accountability. Time will show that the delusions of those in power in City Hall, though perhaps longstanding, played no small role in their undoing.
If the System is Corrupt and Unaccountable, the System Will be Prevented from Functioning
At the end of the day, the OPD shot a young man dead in the street – an 18-year old kid, getting ready to graduate, who had no weapon, who was just waiting for a ride, who ran when a car rolled up on him with its lights out. He was later laying on the ground with his hands raised when a cop, a public employee, took his life. Masso shot him on the street like a dog, and now the City Council would rather cover it up than take responsibility and act. There is more oversight and accountability for an animal control officer if he or she were to shoot an actual dog in the street. I wish that were hyperbole, but it is a fact. If an animal control officer mistakenly shot a golden retriever belonging to a member of one of Oakland’s all-important golf courses he’d be fired, probably immediately. When the community demands that Alan’s killer be fired, City Council rescinds the 1st Amendment to make their avoidance of the issue easier. The disconnect between the people of Oakland and the city’s elected officials is clear. The OPD, City Hall and the press would rather criminalize another movement demanding equal respect for the lives of young people in the black community than take action against public employees who commit acts of criminal violence against that community.
The unaccountability of the police and city officials may be par for the course for the Oakland City Council; it doesn’t mean that the Blufords and the people of Oakland need to put up with it. False sympathetic condolences and photo-opportunity crocodile tears while standing next to the family of the most recent victim one day, as you go about your business of helping to shield the perpetrator from justice the next day – enabling the same type of injustice to be carried out again in the future – may get you that all-important endorsement from the police association, but it doesn’t make you a decent human being. It certainly does not make you someone who should be vested with such authority. In May, Council member Larry Reid told the family that justice would be served or they could hold him accountable. On September 18th he tried to snooker the family into leaving the City Council chambers to pick up a redacted police report that was not even there. Since then the same Council upon which he sits has tried to pass new regulations prohibiting free speech in the chamber, in hopes that the tears and rage of the next grieving family trying to get answers to why their son was gunned down by the OPD can go unseen and unheard. Councilman Reid’s frustrated ego eventually handed over the police report he had been sitting on. It remains to be seen if he will live up to his word and see that justice is done for the Blueford family.
When it comes down to it, what the Justice for Alan Blueford Coalition and the Blueford family are doing is demanding that the arrogance, apathy and hypocrisy of the OPD and city leaders no longer be tolerated or deferred to. The JAB Coalition and the Bluefords will do whatever it takes so that police profiling and murder are no longer accepted as normal, excused by those in power, and then repeated. If City Council does not like dealing with angry residents they should stop aiding and abetting those that terrorize the community. And if they want to keep excusing the same brutal tactics that put the OPD under federal oversight in the first place, they will continue to see forms of organized resistance from the community. If they are content with using draconian policies that limit free speech and assembly in order to sweep the city’s anger under the rug, saving City Council from having to hear the cries of the victim’s family, they could very well find themselves out of work after the upcoming elections – while facing something a lot harder to deal with than a couple of nights of chanting.
Mike King is a PhD candidate at UC–Santa Cruz and an East Bay activist, currently writing a dissertation about counter-insurgency against Occupy Oakland. He is also a contributor to AK Press’ new book on Occupy – “We Are Many.” He can be reached at mikeking0101(at)gmail.com.
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Petition: Demand the full police report for Alan Blueford
It has been almost 5 months since since Officer Miguel Masso killed Alan Blueford on May 6. Alan Blueford’s family has sought clear answers from Oakland Police Department — they just want the truth about what happened to their son.
Oakland Police Department has consistently thwarted the Blueford family’s attempts to learn what happened to their loved one. They have released a series of conflicting stories about what happened on the night Alan was killed and are now refusing to provide the police report.
Oakland Police Department has had more than enough time to complete an investigation and release the report. It’s time to stop the misinformation and deception.
Demand that Mayor Jean Quan, City Council President Larry Reid, City Administrator Deanna Santana and Police Chief Jordan immediately release the full police report.
Click here to sign the petition hosted by the Ella Baker Center.
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Alan Blueford and Oakland’s Continuing Crisis of Governance
By Scott Johnson
Originally posted at Truthout.org.
After seeking justice from the City of Oakland for months, the family of Alan Blueford finally caught the attention of city leaders on September 18 when their protest brought the City Council to a halt.
Alan, an African-American high school student, was murdered on May 6 by Officer Miguel Masso, who drove up on the young man who had committed no crime, chased him for five blocks and shot him dead outside a Cinco de Mayo party. Masso initially claimed that Alan shot him, a story spread by the local media, although when it was revealed that Masso actually shot himself this lie turned into the claim that Alan pointed a gun at the officer. The Bluefords refute even this claim, considering Masso’s earlier lie.
Since May, the Bluefords have demanded that Masso be fired and prosecuted and that stop-and-frisk and racial profiling practices be ended among Oakland police. The elected leadership of Oakland have largely ignored these requests outside of a handful of closed door meetings where the Bluefords were promised a timely investigation and no slandering of Alan in the press. Neither promise was kept.
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Demanding answers about a police killing
Alessandro Tinonga reports on the latest protest in a struggle for justice in Oakland.
Originally published at SocialistWorker.org
September 24, 2012
Alan’s mother Jeralynn Blueford speaks on the steps of Oakland City Hall
AFTER MORE than four months, Alan Blueford’s family still hasn’t gotten a response to their questions about why their teenage son was shot and killed in the middle of the night by Oakland, Calif., police.
So on September 18, they and some 100 supporters flooded Oakland’s City Hall to demand some answers from the City Council.
Alan was weeks away from graduating from Skyline High School when he was killed around midnight on May 6. Police and the media initially claimed he was shot after opening fire on cops and injuring one officer. But they had to admit later that Alan hadn’t fired a weapon, and that the officer’s injury was self-inflicted.
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OPD continues to slander Alan Blueford in the press
FOR IMMEDIATE RELEASE
September 23, 2012
OPD CONTINUES TO SLANDER ALAN BLUEFORD IN THE PRESS
After promising the parents of Alan Blueford that they would not slander their son’s name in the press, the Oakland Police Department leaked the unsubstantiated claim that Alan’s fingerprints were on a gun found at the scene of his murder.
This leak from OPD comes after the department and the City of Oakland have refused–for months–to release the police report to the family. The Blueford family even attended the Oakland City Council meeting on September 18 to demand the report, which was briefly promised to them before OPD Chief Howard Jordan changed his mind.
Suddenly this allegation is released, with no way of substantiating it, seemingly as revenge against the Bluefords for demanding justice for their son. If this evidence were so clearly damning, they likely would have released it months earlier.
“First we want to know if it’s actually true,” said Dan Siegel, former legal advisor to Mayor Jean Quan and a supporter of the Justice 4 Alan Blueford campaign. “The police have already lied to the press, claiming that Alan shot at Masso, which we now know is not true. Now they leak this item to the press because they think it will help their case, but we still can’t see the police report.”
This latest action by the Oakland Police Department is yet another maneuver to avoid any accountability for the actions of Officer Miguel Masso, who should have never been hired in the first place. Masso faced brutality allegations during his previous tenure at the New York Police Department, a fact which did not stop OPD from hiring him.
It has never been explained why Masso shot himself in the foot with his own weapon, whether this was an accident that caused Masso to think he was shot or done on purpose to cover-up the shooting. Additionally, Masso had absolutely no reason to stop Alan the night of May 6 in the first place.
OPD Chief Howard Jordan claimed that Masso thought Blueford and his friends had a concealed weapon or drugs, an incredible claim as these two items look nothing alike. More likely, Masso saw a group of young African-American men on the streets of Oakland late at night and assumed they were criminals and treated them as such.
The allegation that Alan’s fingerprints were on the gun says nothing about the events leading up to his murder. Whether he pointed the gun at Masso, or Masso even saw him holding it at all, will remain unverified until all the evidence in the case is released–something OPD has steadfastly refused to do.
“We still want the police report. We still want Masso fired. We still want an end to stop-and-frisk practices in Oakland,” said Adam Blueford, Alan’s father. “This doesn’t change anything for us. This is just another broken promise from the police that they need to be held accountable for.”
The Bluefords and their supporters will be attending the October 2 meeting of the Oakland City Council to once again demand justice for their son.
For more info: http://www.justice4alanblueford.org
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Interfaith March for Alan Blueford
October 2, 2012
Meet at 4:30pm
Rally at 12th Street entrance to Alameda Superior Court, 1225 Fallon Street (location of the DA’s office)
March to City Council Meeting
Called to serve liberation and full aliveness for all people, we stand against the excessive use of force, harassment, and racial profiling regularly practiced by the Oakland Police Department.
We recognize that these practices played into the police killing of 18-year-old Alan Blueford by Officer Miguel Masso on May 6, just a few weeks before Alan’s high-school graduation. We grieve this tragedy, and we call upon the district attorney, the city council, the city administration, and the police department t
o meet the following demands of the Blueford family, their friends, and supporters:
* Release a police report that includes a thorough investigation of Alan’s murder
* Terminate Officer Masso’s employment with the Oakland Police Department
* Bring criminal charges against Officer Masso
* Hold Chief Jordan accountable for changing his story to the family about what happened the night of Alan’s death.
*End de facto stop-and-frisk and other racial profiling practices of the OPD
* Work with state legislators to repeal the so-called Police Officers’ Bill of Rights that shields violent cops from prosecution and keeps them on the street.
Logistics:
We will meet at the south entrance (on 12th St) to the Alameda County Superior Courthouse, 1225 Fallon St., at 4:30pm. There, we will deliver sign-on letters to the district attorney’s office and rally for a march to the city council meeting, which begins at 5:30 at Oakland City Hall and where we will deliver more sign-on letters.
This is a nonviolent march, and we are requesting no damage to property or violence toward persons.
INVITE ALL OF THE RABBIS, IMAMS, DHARMA TEACHERS, PASTORS, GURUS, AND OTHER SPIRITUAL LEADERS YOU KNOW TO COME IN ANY VESTMENTS ASSOCIATED WITH THEIR TRADITION.
All are welcome to join this march, regardless of faith tradition or lack thereof.
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