BeefyLog 2012

Videos Show Discrepancies in the Capitol Police/Virginia State Police Timeline

Nathan Cushing of RVANews has so far the most definitive statement from the Virginia State Police. In Nathan’s article, Capt. Raymond Goodloe is quoted as saying:

“We always plan for the worst-case scenario. Our actions are indicated by what [protestors] do.”

This is good. The Virginia State Police actions should be indicated by what the protestors are actually doing.

The article continues:

 “It was an escalation based on [the protestors],” said Capt. Goodloe. “We were trying to help [the protestors] stay legal.” He said, however, individuals deliberately remained on the Capitol steps after being told their assemblage was illegal and that they would be arrested should they remain. He said that the protestors “knew the rules and intentionally violated them.”

I don’t think anyone disputes this.

The article continues:

“When it looked as though arrests were going to be made, the Virginia State Police’s Tactical Field Force (which carry and use equipment similar to the popular notion of “riot gear”) assisted Capitol Police officers when the crowd proved unresponsive. “The police are always outnumbered,” said Capt. Goodloe, who said that Capitol Police used the Tactical Field Force of the State Police to insure the safety of officers and protestors should violence have occurred.”

The timeline doesn’t quite add up.

At timecode 3:15 this video of the protest, you can hear a Lieutenant of the Capitol Police radio to “activate the troopers”. This is before the mass of the crowd unlawfully occupies the steps of the Capitol. At this point, while admittedly outnumbered, the officer making the call for backup has seen no violence or threat of violence. He has seen protestors disobey lawful orders. He is justified in making arrests. He has not seen any protestor “action” that justifies the responding posture of the Tactical Field Force.

According to a report by Ryan Nobles, law enforcement gave the protestors about 30 minutes on the steps before making arrests. I assume that this 30 minutes starts approximately when the Capitol Police make this radio request for backup.

Later, the Capitol Police being to make arrests of those who deliberately choose to be arrested by remaining on the Capitol steps. Capitol Police and unarmored Virginia State Troopers are successfully holding back the rest of the crowd. While there is definitely shouting from the crowd, no one attempts to obstruct or stop law enforcement from safely carrying out the arrest. As the arrests continue, the Tactical Field Forces arrives with some officers in riot gear and some with automatic weapons.

Timecode 8:48 in this video shows first the arrests by the Capitol Police, then the arrival of the Tactical Field Forces.

M3: Richmond Women Take the Capitol from Kontra on Vimeo.

What actions by the protestors led law enforcement to believe that the arrests in progress required a greater show of force than was being successfully used?

Who made the call of what law enforcement resources to utilize when?

What protocols does law enforcement have in place to guide them as to which resources to use?

[Edit - crossed out the line about “unarmored Virginia State Troopers”. After getting a look at the pictures in the print edition of this week’s Style Weekly, I mistook Capitol Police for Virginia State Police.]

Questions I Do and Do Not Have About Saturday’s Women’s Rights Protest in RVA

On Saturday protesters gathered at the Virginia Capitol to encourage Governor McDonnell to veto HB 462. Those protesters had a permit to protest at the Capitol Bell Tower, but not at the steps of the Capitol. When the protesters decided to remain on the Capitol steps, they were given ample opportunity to disperse before they were arrested by law enforcement officers of the Capitol Police and the Virginia State Police. This force consisted of officers in full riot gear and officers with automatic weapons.

Protesters did disobey orders of law enforcement and the scope of their permit. To my knowledge, at no time were the protests violent or threatening. To my knowledge law enforcement has offered no statement that their officers were ever in danger.

It is my opinion that law enforcement made an unnecessary show of force at this rally. Riot troops and automatic weapons were unnecessary for the safety of the officers present and were primarily used to intimidate those there and future dissenters. It is my opinion that this use of intimidation to quell dissent has no place in the Commonwealth of Virginia or the United States of America.

To get my biases on the table, my wife was at this rally. She was not arrested. I agree with the political purpose of the rally (veto of HB 462). However, my complaints are not specific to the political purpose of this rally, but to this type of disproportionate response to any peaceful protest.

Ryan Nobles has an article describing the events of the day. In response to that reporting, I will share some questions I feel are answered and questions that remain.

Questions I Don’t Have:

1. Did Governor McDonnell order law enforcement to crack down on his political opponents? No. Governor McDonnell appears to have taken no direct action or issued any direct orders specific to this protest. I have no reason to doubt this. As Ryan Nobles points out in his article, the Executive Branch does not have jurisdictional authority over law enforcement at the Capitol.

2. Did the Capitol Police and Virginia State Police have a political agenda against this rally? No. I don’t believe law enforcement had any political bias towards the objective of this rally.  Capitol Police Col. Steve Pike tells Mr. Nobles that “their action had nothing to do with the group or their beliefs”. I have no reason not to take him at his word.

However, I do feel that the climate of protests across the nation has led law enforcement to regard protesters in general in a more hostile manner. This swings both ways as protesters can become more hostile as police are seen as more hostile, creating a positive feedback loop of distrust. (Without going on too much of a tangent, in the history of public protests/uprising it is common for those in power to play law enforcement/military and protesters against each other to purposely foment this distrust. When law enforcement/military officers join popular uprisings it is typically bad for those in power).

3. Should the Capitol Police have called in the Virginia State Police for backup? Yes. At the point the protesters violated the permit, it was right for the Capitol Police to call in assistance. The crowd was disobeying orders from Capitol Police and was larger than the Capitol Police could safely manage on its own.

4. Does law enforcement have the right to enforce the laws in a manner that keep its officers safe? Absolutely. Law enforcement should follow proper procedure/protocol/guidelines to use the amount of force proportional to the danger posed to the public and law enforcement itself. If the crowd is peaceful and no physical danger is posed to law enforcement, a minimal amount of force is needed to make arrests. According to reporting by Mr. Nobles law enforcement waited 30 minutes before making arrests. It is safe to assume that law enforcement was under no immediate physical threat.

5. Should the protesters who violated the law have been arrested? Yes. They broke the law. Everyone arrested had ample opportunity to not be arrested. Many probably came to the rally with the intention of civil disobedience leading to arrest. In the call to the rally, it was made clear to potential participants that any option to partake in unlawful activities would be told to the group in advance so that they would have a choice.

Questions I Do Have:

1. When the Capitol Police called in the Virginia State Police for backup, how was the nature of that backup determined? According this tweet from Ryan Nobles, Capitol Police stated “The size of the demonstration and the fact they violated their permit led to the response.” This statement justifies the call for backup, but not the nature of that backup. When the Capitol Police asked for backup, why did Virginia State Police send in riot police and officers with automatic weapons and not say, a helicopter? A law enforcement official had to make that determination of what backup resources to send. What law enforcement official made that determination on Saturday? What standard protocols/manuals/orders exist for that officer to determine what are the proportionate resources to send? Were they followed in this case?

2. When the protesters were arrested under whose custody were they placed? I have read reports of mistreatment of those arrested (an example). The Capitol Grounds are jurisdictionally tricky. If these allegations are true, which law enforcement body is ultimately responsible?

3. What are the protocols for cooperation between Capitol Police and Virginia State Police? This question is largely an academic one. Do they retain separate command structures? Who is in charge in the field? How does is this affected by separation of powers between the Legislative and Executive branches? Don’t get me wrong, they should definitely help each other out, but I could see how it is constitutionally tricky.

Then Perhaps She Will…

Growing up I fell in love with instrumental music, particularly music tied to stories like movies or video games. Music, especially instrumental music, taps directly into our emotion centers. In “Dirk Gently’s Holistic Detective Agency” Douglas Adams makes the analogy comparing emotion in music to the way dolphins communicate directly through echolocation. Watch the first 12 minutes of JJ Abrams’ “Star Trek” and you’ll get a crash course in emotional score design.

The first composer I connected with was John Williams. Star Wars was screened frequently in my house and I played a CD compilation of the trilogy’s score whenever I could. The score to the Star Wars trilogy is a masterpiece. Williams’ use of leitmotif defines the characters and slight variations make the audience feel the emotions the characters are feeling.

My favorite film of the trilogy is Return of the Jedi. I will gladly admit that Empire is the better constructed film both in emotional structure and overall story. But Jedi is still my favorite, and it is largely due to one moment powered by the score.

Throne Room Theme

The confrontation between Luke and the Emperor is all about emotion. Luke is trying to hold back his fear and hate, the Emperor is trying to encourage it. The music reflects this. Upon arrival in the throne room, you hear a combination of the Imperial March and the Emperor’s leitmotif first in the cellos. Then the it continues in bassoon and adds the first vocals of the entire score. A low bass voice sets the emotional tension. This is the first time in the entire trilogy’s score that a human voice is heard  (I’m deliberately not including “Lapti Nek” in Jabba’s palace as that is more performance than score and I’m ignoring completely the more abominable “Jedi Rocks” of the rerelease). John Williams saves voice for the emotional climax of the film and the impact is the most powerful moment in the trilogy:

Battle of Endor II Sample

Low woodwind. Timpani. Luke is hiding in the throne room, Darth Vader needs to lure him out and make him fight. He hits Luke in his softest spot with “If you will not turn to the dark side, then perhaps she will!” “NEVER!” Strings kick in. Vocal choir. Luke kicks ass. Trumpet. Emperor’s theme with choir.

One could never describe John Williams as subtle, but his use of voice in the original trilogy is. There are no words. Just chant. It’s 100% raw emotion. It’s why I fell in love with music…

And no Star Wars writing would be complete without a dig on Episode I. Compare what you just heard with “Duel of the Fates”. No emotion. It’s all climax and no foreplay:

http://www.youtube.com/watch?v=M-RPy4RRb7Y

UPDATE: Here is the Jedi score in context: http://www.youtube.com/watch?v=wRY5dl_oxvo