Here is his statement:
I apologize for the long email but, I need to address the fact that the facts and circumstances surrounding the shooting of Miriam Carey has not been vigorously challenged by the media and the general public. Now that we have the sworn affidavit filed in this case by the Metropolitan Police Department in federal court, we are more confident than ever that these police officers’ completely mishandled this simple “street encounter” and one or more of them should be criminally prosecuted for violating Miriam Carey’s civil rights.
First, basic common sense tells you that things should have been done differently. Quite frankly, any properly trained professional law enforcement person, such as myself (retired NYPD) will tell you that moving vehicles are not defined as “deadly weapons” under department Use of Force guidelines.
Quite frankly, just about every major police agency in the United States including the District of Columbia “strictly prohibits discharging service weapons towards moving vehicles” for a host of philosophical and safety reasons, unless the person operating the moving vehicle is using “deadly physical force by means other than a moving vehicle.” See, the onerous is on the United States Secret Service Uniformed Division, the United States Capitol Police or any other law enforcement agency to justify their use of force against Miriam Carey. If their legal argument is that they were protecting the United States Capitol, White House or any other “property”… Well, you know the result, their actions arenot justified. Remember, the use of force guidelines value life over property.
Secondly, from a law enforcement point of view, the Miriam Carey case is not “complex” from a police science perspective to understand. Yes, there is a science to policing.
These law enforcement officials completely mishandled at best, a simple “suspicious vehicle” car stop, such car stops are handled professionally by law enforcement officials all over the world everyday without incident including in other cities with so-called “high value targets.” Using the term “high value target” is nothing other than a emotionally charged red herring to distract the public from demanding relevant answers from government officials who obviously violated Miriam Carey’s civil rights under the guise of protecting society from “Terrorism.” I sarcastically call it the new civil rights Qualified Immunity defense.
To suggest that somehow in the District of Columbia there should a different legal standard, is intellectually disingenuous.
Thirdly, the Department of Homeland Security was established with the passage of Public Law 107-296 which in part, transferred the United States Secret Service from the Department of the Treasury, to the new department effective March 1, 2003.
Under the old guidelines, while part of the United States Treasury, the United States Secret Service discharge of their service weapons would NOT be justified… Read the old regulations.
As soon as I find some reference to the new guidelines, while part of the Department of Homeland Security, I am quite confident the result would be the same, NOT justified. http://www.treasury.gov/about/role-of-treasury/orders-directives/Pages/to105-12.aspx
Finally, can someone tell me where in the sworn affidavit does the affiant say that Miriam hit a damn gate? Or the outlandish claims made throughout the different media outlets?
The sworn affidavit for a Search Warrant clearly says on Page 1 “A USSS-UD (meaning United States Secret Service Uniformed Division) officer attempted to block the vehicle with a bicycle rack, however, the vehicle pushed over the bicycle rack, knocking the officer to the ground.”
Note her actions occurred after she allegedly “refused to stop” at the vehicle checkpoint and made a u-turn and allegedly began to “flee.” There were no laws violated as she was under no legal obligation to enter the checkpoint, turning around and leaving is also not violative of any laws. The question is: Why did the police pursue her? Later during this investigation, I will reconcile each sworn fact with the surveillance video, other police records and Google Maps. On the surface, the sworn facts are internally inconsistent but, I will know more later.
Further, there is NO MENTION that Miriam Carey struck any officers either. It is time to stop believing everything these so-called “Government Officials” are telling you.
http://apps.washingtonpost.com/g/documents/local/miriam-carey-search-warrant-vehicle/623/
An innocent unarmed United States Citizen with a toddler was killed right in front of us in the Nation’s capital. Period… If we do not see a problem with that, we are in serious trouble.
We in this country deserve to be treated better than as “mere chattel,” where personal legacies are much more important than human life. The framers of the United States Constitution fought for, died for and demanded it. We should expect no different in today’s society either.
After we somewhat rest Miriam’s soul on Tuesday, we are going to press a full frontal campaign to bring those who violated her civil rights to justice.
By Murray Weiss
U.S. Marshals armed with a warrant have arrested the prominent New York lawyer who represents the family of Miriam Carey, the Connecticut woman shot and killed in Washington, D.C. after she tried to crash her car through a White House gate, DNAinfo New York has learned.
Eric Sanders, a civil rights attorney best known for suing the NYPD, was arrested outside his house in Melville, L.I., Tuesday morning after Federal Bankruptcy Judge Dorothy Eisenberg issued a warrant last week. Eisenberg was furious that Sanders had flouted her authority for months — dragging his feet in court, failing to show up for hearings and ignoring her requests for documents, according to court documents.
Sanders surrendered without incident, sources said.
The final straw was when Sanders failed to pay $181,666 to several people who recently won settlements against him, including a lawyer in his firm who was fired because she got pregnant, according to court documents.
Sanders was processed at the federal courthouse in Central Islip before being transferred to the Metropolitan Detention Center in Sunset Park, where he will remain until Judge Eisenberg chooses to see him or he clears up his debts, sources said.
“He will sit there until she wants to talk to him or he pays his debt,” a source said.
Sanders’ office did not immediately return a call for comment.
The arrest came shortly after Sanders appeared with Carey’s family at her wake in Brooklyn on Monday night, where he once again criticized cops and federal officers in Washington, D.C. for killing the troubled 34-year-old Stamford, Conn. woman.