Videos of OPD Violence Reveal Serious Problems that Led to $1 Million Occupy Oakland Settlement

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by Jacob Crawford and Dave Id
Image by Elijah Nouvelage

Twelve people injured by the Oakland police department during Occupy Oakland demonstrations have settled a federal civil rights lawsuit with the city of Oakland for a total of $1.17 million. The injuries came as a result of OPD’s violent response to Occupy Oakland on October 25 and November 2, 2011. The settlement in the Campbell vs. City of Oakland case comes on the heals of another $1 million settlement still pending final approval,
Spalding vs.City of Oakland.

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Photo by Dave Id

As a result of both cases, OPD has agreed to allow the federal court to enforce OPD’s compliance with its own crowd control policy and to negotiate with the National Lawyers Guild (NLG) and ACLU before making any changes to the policy, which prohibits police from shooting “less lethal” impact munitions or tossing explosive teargas grenades into crowds, and prohibits mass arrests without warning or opportunity to disperse.

The videos below document the cases of four of the Occupy Oakland plaintiffs in two separate incidents. The videos reveal police violence through the video of plaintiffs, witnesses, and never­before­seen Oakland police chest cameras.

While there were many incidents investigated in the Occupy Oakland Campbell lawsuit, the following two incidents of police violence have similarities that underscore serious problems within the Oakland Police Department.

The first video below is of Scott Campbell being shot by a lead­shot filled beanbag round following Oakland’s General Strike on the night of November 2, 2011.

In the case of Scott Campbell, the command to shoot anyone crossing an invisible line is illegitimate. How could people know they were in harm’s way? Less than lethal weapons are supposedly intended for situations where violence is taking place and the officer needs to defend themselves and other officers. This is simply not the case with Scott Campbell. As you can see in the video Scott is not approaching the line, but rather walking parallel to it. As you can see Oakland police officer Victor Garcia waits until Campbell is almost out of view to fire at him. Not because Campbell suddenly takes a turn towards the police line, or poses a threat, but Garcia fires at him because he can see that Campbell was just an inch over the invisible line marked by a roll of toilet paper. Garcia didn’t shoot to defend or protect, he shot because he knew he could get away with it by deliberately misinterpreting his commander’s order to fire at anyone who crossed the invisible line.

The second video below is of the violent arrests of Brooke Anderson, Max Alper, and Kevin Christensen following the raid of Occupy Oakland on the morning of October 25, 2011.

Those people attacked and arrested had done nothing wrong. You can see Oakland police officer Cesar Garcia goes into the crowd with his baton ready, and ends up striking Max Alper several times. Then later he is caught on video visibly upset that he has to document his use of force in a report because he “jabbed one of the fat things friendly.”

After you have watched both videos, consider:

1. Both Garcias have been in multiple officer involved shootings. Victor Garcia has shot two people as well as an arthritic dog that posed no threat. Cesar Garcia has also been in multiple officer involved shootings. (see Jones vs Oakland reference at http://www.indybay.org/newsitems/2013/02/06/18731467.php)

2. Both officers were under the command of officers who have been involved in shootings. Oakland police Captain Ersie Joyner has been in involved in five shootings, one with Cesar Garcia in fact, and Oakland police lieutenant Fred Mestas has been involved in at least two shootings.

3. Both Garcias showed premeditation in their acts of violence. Victor Garcia knowing the order was to shoot anyone who crossed the invisible line, trained his gun on Scott Campbell as he walked parallel to the line and waited until he saw that Campbell was just an inch past the line before shooting. Cesar Garcia was the only cop who had his baton out ready to swing when Lt Mestas ordered the arrests.

4. In both incidents, both officers used excessive violence not merely because they are violent officers but, more importantly, because they knew they could get away with it. Joyner and Mestas were both responsible for the incidents and the actions of
their subordinates.

While the both Garcia’s need to be held accountable for their actions, both Joyner and Mestas should be held to even higher standards as commanding officers. But in Oakland as you can see, you’re more likely to be promoted if you shoot people. . .

National Lawyers Guild Press release

And check out the National Lawyers Guild’s settlement with OPD for wrongfully arresting Oscar Grant Protesters in 2010
Right Here

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Drones, and Pigs, and Feds Oh My! WeCopwatch Season 1

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WeCopwatch Season 1: We survived our first four months! Covering Drones, Feds, Officer Involved Shootings, Mental Health Incidents, A Police Murder, Raids, Police Harassment and the Mayor of Oakland! Check out some of or all of the videos WeCopwatch has produced below.

Drone spotted above West Oakland

February 8th, 2013

If Pigs Could Fly: Police Drones Across Oakland

February 13th, 2013

Oakland Police Didn’t Shoot Someone?

February 22, 2013

Answers! Not Undercovers! Berkeley Police and the Kayla Moore coverup

March 15th, 2013

Breaking Down (Police Hurt Mental Health)

March 28th, 2013

Oakland Police Shoot Innocent Teen in the Face

April 3, 2013


Oakland Police Keep Officer Involved Shooting Off the Radio


April 5th, 2013

Officer Frankel Claims That “NOBODY” Killed Kayla Moore

April 17th


The Feds Are In Town (Multiple Raids Occur Across Oakland)


April 24th, 2013



“Pigs are Haram!” Undercover Police Confronted on May Day

May 1, 2013

Oakland Mayor Jean Quan Drags Off Aggressive Husband

May 3rd, 2013


Witness Testimony regarding incident with Mayor Jean Quan and Husband


May 9th, 2013

Oakland Police Shine Light into WeCopwatch Camera

June 7, 2013

Oakland Police Commands Are InAudible

June 8th, 2013

Interview with Larken Rose: Author of When You Should Shoot a Cop

June 20th, 2013

NLG Victory for Oscar Grant Protesters

June 24th, 2013

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Enemy Of The State

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Video produced by Jacob Crawford of WeCopwatch.org and Pete Eyre of CopBlock.org

Author, videographer, and included at Wikipedia on the list of “tax protestors”, Larken Rose is perhaps best known to police accountability advocates for his essay and and subsequent video: When You Should Shoot A Cop. As one commenter stated:

Incredible article! I hope people take the time to actually read the full article after their brains shut down after seeing the “shock” title.

On June 20th Jacob Crawford of WeCopwatch.org and Pete Eyre of CopBlock.org caught up with Rose at the Porcupine Freedom Fest, hosted by the Free State Project in the beautiful White Mountains of northern New Hampshire, who shared some of his insight.

Connect with Larken Rose
via his website: http://LarkenRose.com
via his YouTube channel: http://YouTube.com/LarkenRose
via his Facebook profile: https://www.facebook.com/LarkenRose

While those active with WeCopwatch and CopBlock are strong advocates of non-aggression, this article helps to clarify the world we live by deconstructing paradigms put-forth by those who claim authority and demand your obedience, specifically, by underscoring the fact that each individual - no matter their occupation or any other arbitrary characteristic - has the right to employ self-defense against an aggressor.

If one cannot even have this conversation then it shows just how wide is the gulf between the “protectors” and those they claim to “serve.” Only when it’s realized and incorporated that badges DON’T grant extra rights, will the institutionalized violence cease.

Over the last couple years, When Should You Shoot a Cop? has made the round across the country and world, as well as into several Anti Terror Fusion Centers.

Arizona Counter-Terrorism Information Center 602-644-5805
[related post: Ademo Contacts Arizona Counter-Terrorism Information Center]

After learning of the memo Copblocker Ademo Freeman called and asked some questions:

[edited]

[raw]

Arizona-based KGUN 9 also covered the article and fusion center memo: http://www.kgun9.com/multimedia/videos/?bctid=1255561261001

Central Florida Intelligence Center (407) 858-3950
[related post: Central Florida Intelligence Exchange Promote CopBlock.org]

The reactionary pushback to the ideas proffered was visible when the mere act of “Liking” the article got two individuals rebuffed by their “party” colleagues, as detailed on the July 27th, 2012 write-up, Politicos Attacked for ‘Liking’ CopBlock.org Post:

South Carolina’s Republican Party is distancing itself from two local party officials who appeared to endorse violence against police officers on Facebook — a position that seemed to take anti-government conservatism too far for South Carolina’s Tea Party-heavy GOP. The party’s top brass called for their resignation from local party committees Monday night.

On October 6th, 2011, Larken Rose wrote the following in his post Federal Agents Visit Larken Rose – Mention CopBlock.org Blog Post:

A fascist came up to each front window and knocked. I rolled down my window just a bit, and a gray-haired, veteran fascist informed me that I was not being arrested. That’s nice. . . Out of the blue, the veteran fascist commented about the fact that I’ve posted things on my web site talking about killing cops.

On November 13th, 2011, Rose expanded on his essay:

In 2012, the legislation in Indiana mentioned by Larken around the 6-min mark in the video changed course. Instead of “law” existing that claimed that an individual had the right to use defensive force against anyone except those with badges, legislation “approved” self-defense against any aggressor, no matter their place of employment.

On March 3rd, 2012 post, When Should You Shoot A Cop – Round 2, Ademo Freeman penned:

Maybe with this law, cops will think twice about raiding a home for drugs? Maybe cops will stop working for the government and make their own agreements with their customers?

IMO, law didn’t need to be written for one to know when they can or cannot defend their life or property. It’s unfortunate people are taught to submit to police without question, yet to stick up to bullies, abusive husbands and any other non government connected persons.

On March 24th, 2012 post, Right to Resist now law in Indiana, cops show how evil they think we are, Edmond Dantes noted that:

Police really think people are that evil, that they will now just play real life Grand Theft Auto and start killing at will. Which begs the question, if people are really that inherently evil, why give so many of them the power of the badge over everyone else? It always appears to me that the worst of the worst are in gangs, whether it be Blood, Crips, or Thin Blue Line.

But will people really just start killing at will? I can give you one fact, the law and/or a guy in a funny costume with a badge doesn’t stop me from killing someone. I don’t kill or use violence because I believe it is wrong morally. Even if murder were legal I wouldn’t kill anyone and most people wouldn’t either.

On a June 12, 2012 post, Indiana legalizes shooting cops, about the reversal of the “legality” of self-defense for Indianans, I asked:

Does this piece of man-made legislation really change anything for people living within the arbitrary political boundaries of Indiana? Or for that matter – do people living outside those arbitrary political boundaries of Indiana have any less of a right to defend themselves?

We all want to be safe and secure. The question is, how is that best accomplished? Question those who demand your authority. Think for yourself.

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Great Coverage of NLG Settlement by DaveId of Indybay.org

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On November 5th, 2010, hundreds of demonstrators gathered in front of Oakland City Hall to protest the light sentence given to Johannes Mehserle for killing Oscar Grant by shooting him in the back in front of hundreds of witnesses. As evening fell, marchers took to the streets and headed toward the Fruitvale BART station, the scene of the shooting on January 1, 2009. Oakland police, however, had other plans. One hundred and fifty demonstrators were detained and arrested, forced to spend up to twenty-four hours in police custody under inhumane conditions. As no one arrested was ever even charged, the arrests and jailing amounted to illegal extrajudicial punishment of protesters for merely exercising their right to free speech and protest police brutality. In a class action settlement between arrestees and the City of Oakland announced today by the National Lawyers Guild, the city has not only acknowledged that the arrests were illegal but has agreed to pay $1.025 million in compensation to the plaintiffs and their attorneys. Additionally, Oakland police have given their consent to abide by a revised crowd control policy meant to avoid such unnecessary harm to protesters in the future and to have their adherence to the policy overseen by the court for a period of up to seven years. The NLG rightfully calls the settlement an "important victory for democracy."

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[Photo of November 5th march on 14th Street, just east of Broadway, by Felix Barrett]

Just last week the Grand Lake Theater rolled out the red carpet for the Oakland premiere of the highly anticipated and award winning new film "Fruitvale Station," which documents the last day in the life of Hayward resident Oscar Grant before BART police officer Johannes Mehserle shot him in the back. In attendance were the movie’s stars such as Octavia Spencer and Michael B. Jordan, director Ryan Coogler, and producer Forest Whitaker. It was a private screening, however, as the film doesn’t officially open to the public nationwide until July 12th.

Unfortunately, leaders of the Oscar Grant Foundation were largely placed in charge of deciding who else besides the cast and crew would be invited to the premiere and they chose to invite a wide array of establishment leaders including Mayor Quan and the entire city council, even BART’s new chief of police, Kenton Rainey, and and array of corporate media rather than predominantly those who had been on the front lines of the struggle for justice for Oscar Grant such as Oscar Grant’s closest friends, community activists, and independent journalists. Despite the fact that the invitation list left dozens of open seats in the theater, Oscar Grant’s friends who were on the Fruitvale station platform with him when he was killed were not originally invited. Neither were their families. Neither were most of organizers and community activists who fought long and hard for justice for Oscar Grant. It took deliberate behind the scenes advocacy to get Oscar Grant’s friends into the show and a community activist or two managed to successfully insist at the doors of the theater that they be allowed to view the screening.

And yet, if any justice was achieved for Oscar Grant, through the first-of-its-kind-in-California felony manslaughter conviction of Mehserle, police reform efforts at BART, or the early retirements of disgraced figures such as BART police chief Gary Gee and Alameda County District Attorney Tom Orloff, it was community activists and not city leaders who made that happen. With the exception of a few council members who had their moments at times standing up for justice — such as Jean Quan and Rebecca Kaplan, who once attempted to prevent police violence against protesters in the streets only to later incur the wrath of OPD themselves, or Desley Brooks, who alternated between adamantly calling out the misdeeds of BART police and refusing to allow the voices of Oakland’s youth to be heard on the matter — city leaders largely worked against the movement for justice for Oscar Grant.

Nevertheless, with today’s announcement of a settlement in the Spalding vs. The City of Oakland class action lawsuit, up to 150 community activists, protesters, and legal observers will soon get their comeuppance for abuses dished out by the Oakland police and Alameda County sheriff’s departments on the night of Mehserle’s sentencing. One hundred and fifty two people were illegally corralled, or "kettled," and arrested by Oakland police on November 5, 2010, but two were charged with individual offenses (both of which allegedly occurred after the kettling) and are not a part of the class definition. Each of those arrested for "unlawful assembly" but never charged — granted they submit a claim form with the National Lawyers Guild by August 5, 2013 (see PDFs here) — is entitled to approximately $4,500 as compensation for their illegal arrest by Oakland police that night and the degradations they suffered while in the Alameda county sheriff’s custody at Santa Rita jail.

It was ironic that Oakland police had chosen that night to kettle and arrest so many people. Organizers of the daytime vigil and rally had gone out of their way to seek city permits for the event, when most justice for Oscar Grant protests had defiantly been organized without seeking the consent of city officials. Organizers had even worked with city leaders and police on arranging a route for the march that was to follow the rally in front of City Hall in Frank Ogawa plaza, now commonly referred to as Oscar Grant plaza. Organizers submitted plans for a march route to Defremery (or LIttle Bobby Hutton) Park in West Oakland. OPD originally approved the route, then demanded an alternate route, seeming to object to a march all together. Organizers eventually cancelled plans for a city-approved march, leaving it to those in attendance in the plaza to decide what they should do after the rally, even though it was common knowledge that demonstrators would most likely want to march in protest of Mehserle’s light sentence.

It was especially ironic that the night Oakland police chose to arrest the largest number of people at any Oscar Grant demonstration ever would be the one where there was little to no property destruction, save for temporary construction fencing surrounding the abandoned Henry J. Kaiser convention center which wasn’t actually destroyed, just pushed to over allowing marchers to continue southeast toward the Fruitvale BART station when police first attempted a kettle on 10th Street. There were also reports of a small handful of car windows being damaged. But, compared with the countless smashed storefronts and multiple cars set afire or the hundreds of pairs of Nike shoes liberated from a Foot Locker outlet at previous Oscar Grant rebellions, pushing over a fence and possibly breaking some windows was relatively mild. Besides, arresting and sending to jail 150 people for the actions of a few is clearly overbroad and unjust.

It was not surprising, though, that Oakland police chose to kettle and arrest so many people that night. City leaders had long grown weary of huge numbers of people publicly, and often angrily, demanding an end to police violence against people of color. Then-chief Anthony Batts had made numerous statements about the protests needing to stop, that there did not need to be one at each and every milestone during the trial of Johannes Mehserle. And so he and the Oakland police department set out to do just that on November 5, 2010, to stop the protests cold, by any means necessary. There was the first attempt at a kettle on 10th Street between the Henry J building and Laney College as marchers merely walked down the darkened street. With nothing major to point to in order to justify the mass arrests, the official excuse for the actual kettling on 6th Avenue came over the corporate media wires shortly thereafter, that a protester had grabbed a police officer’s gun and holster as chief Batts claimed at a press conference that night. But the snatching of a gun never actually happened, as Batts knew at the time. Instead what really happened was an officer Keith Geiger’s holster broke as he tackled a protester, so the gun-grab ruse was quickly dropped by OPD the following day, although the damage had already been done as the corporate media reported the initial gun grab remarks by Batts but never followed up with questions about the claims later.

And so, while there was never a dispersal order from police as is required by OPD’s own crowd control policy, demonstrators were trapped on 6th Avenue between 17th and 18th Streets by hundreds of police officers. A few lucky ones managed to escape the kettle by jumping residential fences, but others who attempted to do so were nabbed and roughed up by police who were waiting on side streets. From there it only got worse. Media were allowed to leave the kettle, but not legal observers such as class representative Dan Spalding. Those left behind remained for hours on the street as police handcuffed them and placed them into vans and buses for transport to Santa Rita jail. The arrests were purportedly for "unlawful assembly," but according to California law, most misdemeanors are to be treated as "cite and release" offenses — and in fact no charges were actually ever filed against any of those arrested that night.

In effect, the arrests were illegal extrajudicial punishment enforced by the Oakland police and Alameda County sheriff’s departments at the behest of city leaders. Those arrested spent well over an hour waiting to be transported, hours more waiting in the buses in front of Santa Rita while they were processed into the jail, and during this entire time everyone was denied access to use of rest rooms and medical treatment that might be required. Conditions in the jail were so cramped that most arrestees did not even have the space to lie down on the floor throughout the night. Women were further degraded by being forced to take pregnancy tests (a broader issue that was not resolved in the Spalding case, but as a result of new sheriff’s procedures being instituted for mass arrests, women who are arrested in a mass arrests will not be pregnancy tested). Food was not provided for up to twelve hours. And it was roughly twenty-four hours before the last arrestee was released. All for an "offense" that was never even charged and, even if it was, protesters should have been issued a citation and promptly released.

More importantly perhaps on a broader scale than the monetary compensation for those arrested, though, looking forward at least, is that the National Lawyers Guild has again legally bound the Oakland police department to its own crowd control policy, this time with the added security of court enforcement should future violations occur. The most recent crowd control policy was the result of a previous civil suit brought against OPD by the NLG over the police attack against anti-war demonstrators at the Port of Oakland in 2003. One of the largest issues tackled when the policy was finalized in 2005 and agreed to by all parties, including OPD, was OPD’s use of projectile weapons against non-violent demonstrators; OPD had caused serious injuries by firing wooden dowels and beanbags at the heads of protesters on April 7, 2003. (More recently, violations of this section of the policy were blatantly disregarded during the Occupy Oakland demonstrations when, for instance, a bean bag was fired close-range at Scott Olsen’s face, a bean bag was shot at Scott Campbell‘s groin area, and countless non-violent others were hit all over with pepper balls and other projectiles and offensive weaponry.)

As for the Spalding settlement, one of the most relevant sections of the 2005 crowd control policy regards when an unlawful assembly may be declared and the guidelines for declaring one. Quite clearly, the policy reads: "The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence (pg 11)." There was no clear and present danger as the marchers walked down 10th Street into the first attempted kettle or 6th Avenue into the final one. The policy continues: "When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest." This absolutely did not happen on November 5. The goal obviously was to end the demonstration, period, rather than deter or break-up some sort of threatening or illegal behavior. And throughout the history of the Movement for Justice for Oscar Grant, if any property destruction did occur, it was downtown, not in East Oakland on the way to or from the Fruitvale station, as marchers were clearly headed on November 5.

The most significant aspects of the injunctive relief in the Spalding case may very well be twofold. The revised section of crowd control policy should go a long way towards relieving OPD of their nasty habit of arresting demonstrators on bogus charges that will never be filed by the District Attorney, just to let protesters accused of no specific felonious crime languish in jail for as many days as possible. The specific section that was updated, on "CITE AND RELEASE PROCEDURE (pg 18)," has been made substantially more clear, specifying the handful of reasons that a protester cited with a misdemeanor is *not* to be released. Otherwise, those generally expressing their free speech rights should not be booked into jail, ever. And, as stated in the existing policy, "Individuals may not be arrested based on their association with a crowd in which unlawful activity has occurred. There must be probable cause for each individual arrest (pg 16)." And now, OPD’s crowd control policy comes with court enforcement for a period of up to seven years, which can be extended if OPD is not living up to their own policies. Furthemore, there is a comprehensive crowd control policy revision process currently happening, in which OPD and the Compliance Director are meeting and conferring with the NLG , ACLU, and attorney Jim Chanin, as the Spalding settlement requires. It’s almost hard to imagine what the National Lawyers Guild has been able to achieve here. If it can be implemented as agreed upon, and enforced by the court, a great deal of unnecessary suffering normally inflicted by OPD upon protesters can be avoided.

Sadly, looking back, and other factors may have played a role, but there were no large demos for Oscar Grant after the November 5 kettle, nor for any Oakland police murder since that time, although the movement for justice for Alan Blueford has certainly kicked up some dust at city council meetings and elsewhere. Without a doubt, free speech was definitely stifled by police actions on November 5, 2010. Cynics might say that the large financial settlement in the Spalding case is the price that the city is willing to pay in order to quash large scale dissent over police brutality, the cost of business as usual in Oakland. The city has certainly paid out millions of dollars in dozens of other individual and class action cases involving police corruption, brutality, and killings — yet the police violence and financial settlements continue. More than likely, the city similarly will pay dearly for the more recent police abuses committed during the time of Occupy Oakland, including for the much larger kettling of over four hundred people in front of the downtown YMCA on January 28, 2012, and for the countless physical injuries inflicted on protesters and independent journalists on October 25 and November 2, 2011, and other days.

Oakland police more or less did the same thing to the anti-war movement in 2003 as it did to the justice for Oscar Grant movement in 2009-2010 and the Occupy movement in 2011-2012. It remains to be seen if there have been or will be any real lessons learned by Oakland police and city leaders — if they indeed feel the pain of local taxpayers continually having to compensate the seemingly never-ending list of OPD’s victims — or if the next large protest movement will be just another in a long line of social justice movements to suffer illegal abuses at the hands of Oakland police, with a nod and a wink, and sometimes open cheering, from the pusillanimous elected democrats who supposedly run this town.

One thing you can count on, though, is that the National Lawyers Guild is watching the police, intently, and will continue to fight for the people’s right to assemble and demonstrate against injustices without unconstitutional state repression. The NLG deserves the support of everyone who cares about social justice in this country.

NLG press release and related documents:

National Lawyers Guild (NLG) Obtains $1M, OPD and Sheriff Reforms For Oscar Grant Protesters
http://www.indybay.org/newsitems/2013/06/24/18738864.php

Excellent video by Jacob Crawford with plaintiff interviews and police radio audio about not giving dispersal order:
NLG Victory for Oscar Grant Protesters - Video
http://www.indybay.org/newsitems/2013/06/24/18738871.php

related Indybay features:

Johannes Mehserle Gets Minimum Sentence of Two Years
Community Gathers in Oakland to React to Mehserle Sentencing; 152 Arrested in Night March
http://www.indybay.org/newsitems/2010/11/05/18663245.php

NLG Files Lawsuit Against Oakland Police
Class Action Lawsuit Asserts Constitutional Violations at Oscar Grant Demonstrations
http://www.indybay.org/newsitems/2011/06/14/18681925.php

Complete Indybay Coverage of the Justice for Oscar Grant Movement