Thursday, November 05, 2009

Arrested at a public forum, again.

There will be an argument over whether I was actually "arrested" during the public forum at the school board meeting. Judge for yourself, link, click on view video of November 4, 2009, fast forward to 42:00 to 43:50

From Black's Law Dictionary;

Black’s Law Dictionary is the definitive legal resource for lawyers, law students and laypeople alike. Edited by the world’s foremost legal lexicographer, Bryan A. Garner, Black's Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity — making it the most cited legal dictionary in print.
According to Black; 6th edition
Arrest; to deprive a person of his liberty by legal authority.

Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him, to answer a criminal charge or civil demand. State vs Ferraro NJ. People vs Wipsler Ill.

Arrest involves the authority to arrest, the assertion of that authority with the intent to effect an arrest, and the restraint of the person to be arrested. Village of Hoffman Estates vs. Union Oil Co. of California in Ill.

All that is required for an “arrest” is some act by the officer indicating his intention to detain, or take person into custody and thereby subject that person to the actual control and will of the officer; no formal declaration of arrest is required. Commonwealth vs Brown, Penn Supreme Court.

Warrantless arrest; seizure of a person without warrant but based on probable cause that he has felony. May also be made for commission of misdemeanor amounting to breach of peace in presense of officer. Wong Sun vs. US Supreme Court
I was arrested for standing up at the forum and offering the leadership of the APS the opportunity to stand up as role models of the APS Student Standards of Conduct, specifically the Pillar of Trustworthiness.

I asked, or would have asked, by name;

David Peercy,(not there, had he been there) tell the truth about why his policy committee was not discussing role modeling of the student standards of conduct.

David Robbins-tell the truth about why hundreds of whistle blower complaints were being denied due process before his audit committee.

Paula Maes-tell the truth about her unwillingness to agree to any audit that would individually identify corrupt and incompetent administrators.

Marty Esquivel-tell the truth about the need for an impartial, independent administrative standards and accountability audit.

Winston Brooks-tell the truth about evidence of felony criminal misconduct involving senior APS administrators, that has not been surrendered to the DA's Office for prosecution.

Brad Winter-tell the truth about spending at 6400 Uptown Blvd.

Linda Sink, (arrested before I had the chance to ask for) tell the truth about two findings in a recent Council of the Great City Schools audit;
  • there is a culture of fear of retaliation and retribution in the APS, and
  • administrative evaluations are subjective and unrelated to promotion and step placement.
Robert Lucero (arrested before I had the chance to ask for) tell the truth about why students are expected to respond to legitimate questions by answering candidly, forthrightly and honestly, and he is not.

Lorenzo Garcia/Delores Griego (arrested before I had the chance to ask for) tell the truth about the fact that students are required to model and promote the Pillars of Character Counts! and they are not.

These are legitimate questions about the public interests and about their public service.

They refuse to answer them under any circumstance.
They are even willing to illegally arrest anyone who insists
upon asking them.

What ever else the APS Police Department is,
it is a Praetorian Guard; a publicly funded private police
force at the beck and call of the leadership of the APS.

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