Volume 101THE BLUE FLYER 2001

______________ The thoughts and observations of Mark G. Bralley _______________

Police Neutrality at Anti-war Protests

Thoughts about police neutrality in the anti-war protest setting.
Anti-war protestors gather at Central Avenue and Carlisle Boulevard during a march September 21, 2001.
With the terrorist attacks of September 11, 2001, there is an immediate sense of horror, revulsion, anger and the thought that anyone who can be identified as having any connection to these acts must be sought, hunted down and killed. Revenge and retaliation are principals that many in this country wholeheartedly support.
Public support to act against those who have wrought such horrendous acts of barbarism is strong and widespread though not universal.
There are a number of citizens concerned that some sort of act of violence or war will be used to avenge these acts of terrorism.
These citizens hold beliefs that are opposed to violent retaliatory acts as a part of their nation's policies.
There are some philosophical lines drawn throughout our society. Calls for patriotism, with the showing of the flag and the resounding refrains of "God bless America" define the most supportive group for a showing of nationalistic support.
Many citizens wished to put aside any differences that might have been issues for public debate and come together in a showing of solidarity.
There is an unstated belief that this solidarity is showing a unified front but because it is unstated there are questions about what the position is that citizens are asked to unify behind.
Those who called for issues to be put aside however, wanted those who held a different political viewpoint to put aside their viewpoint without having to put aside their own.
Immediately after the attacks President Bush requested that all citizens fly the American flag at half-mast for thirty days. American flag sales skyrocketed. Flags and other flag motif symbols began appearing everywhere, from lapel pins to huge displays of the banner in a patriotic fervor that is unprecedented in recent memory.
America has not been without showings of patriotism. In the wake of the take over of the American Embassy in Tehran, Iran in 1978 yellow ribbons became the symbol for hope. The yellow ribbon campaign was based on a popular song by Tony Orlando and Dawn called "Tie a yellow ribbon round the old oak tree."
Various colored ribbon campaigns have been used since. The biggest was probably the blue ribbon campaign associated with the 1995, Oklahoma City Federal Building bombing.
There is agreement that the acts of September 11 were horrific. However, there were many people who do not believe that military action is an appropriate response. There are others who believe that by a strict reading of the Constitution, before any military action can be undertaken Congress must "Declare War." In order to declare war Congress would have to convene and, as is the hopes of many, hold an open and thorough public debate on options and responses before engaging in military action.
When it became clear that President George W. Bush, in his address to the American people before a joint session of Congress, was not going to ask for a declaration of war there was a clear division of thought within the country.
Anti-war protestors took to the street.
Albuquerque Police Officer John Guilmette gives a citation to an anti-war protester who had placed a flyer on a utility pole during an protest march at the University of New Mexico. Officer John Corvino watches. Corvino's portable radio displays a flag decal.

Many police officers and firemen had a special interest in showing their patriotic support as many of their comrades in New York City were killed and many of their bodies have still not been recovered. As many as 60 police officers and more than 200 firefighters were caught in the collapse of the World Trade Center. They sacrificed their lives trying to rescue occupants of the twin towers.

Police officers took to wearing miniature american flag pins and flying the flag on their vehicles radio aerial and antennas. Firefighter mounted large American flags on their fire engines. Some 40 Albuquerque firefighters went to "Ground Zero" in New York City and the Pentagon just across the Potomac river from Washington, D.C. to aid in the recovery effort
The politics of police and firefighters tends to become apparent and in support of governmental action. Firefighters do not tend to have to deal with the politics of those they aid. However, problems arise when the police officers are confronted by citizens who take to the streets to exercise their Constitutional rights to peaceably assemble and petition government for a redress of grievances through their right of freedom of speech. Some citizens are willing to engage in acts of civil disobedience in an attempt to peaceably confront the government. Of course the government is going to be represented at this first line by police officers who do not see the acts of civil disobedience in the same way as do the protesters. Many police officers have their own emotions raised and feel the swell of patriotism enhanced by their own wearing of the American flag.
Officers have an obligation, through their oath, to uphold, defend and protect the Constitution and often times find themselves at odds with the political position taken by citizens protesting in the streets.
One such philosophical conundrum faced Albuquerque Police Officers on September 21, 2001, when there was an anti-war protest that started in front of the University of New Mexico Bookstore and traveled to Central and Carlisle then back.
Several different incidents revealed the political feelings that interfered with the work of protecting the community and the Constitutional rights of the citizenry, all the citizenry, including the protestors and those who chose civil disobedience.
According to Danny Hernandez of Pro-Albuquerque, one of the organizers of the anti-war protest, leaders approached the Albuquerque Police Department requesting a parade permit. Lt. Mike Callihan, of the Southeast Area Command, denied issuance of a parade permit. The organizers asked that if no permit was issued then the police should at least provide adequate and proper police protection and traffic control.

Marchers also displayed the American flag, even if not in compliance with the flag code.

Police accompanied the protestors along the street and tried to keep them from entering the roadway. When marchers arrived at their stated destination of Central and Carlisle some protestors crossed the street disrupting traffic. A lone officer helped block traffic and got out of his car to direct traffic. This one officer had a perturbed attitude towards the mass movement in disregard for traffic laws and his efforts to prevent the jay-walking that occurred. He was only able to block Eastbound traffic while the large number of errant pedestrians crossing the street in it self blocked Westbound Central Avenue motorized traffic.

Protest organizers believed that the Police Department's refusal to issue a parade permit allowing the marchers in the street was an abusive exercise of bureaucratic discretion and appears to have been a personal political decision.

Officers John Guilmette and John Corvino, who routinely patrol the University area, specifically along Central Avenue, ordered protesters (anti and pro war alike) from standing on medians. They then singled out and cited a man who was posting an anti-war manifesto on a street light pole in front of the Frontier Restaurant.

Officers Guilmette and Corvino openly displayed their hostility towards the protestors. Officer Corvino stating that they (protestors), "better not burn the American flag." The officers' patrol car, uniforms and even their portable radios were adorned with at least five American flags in the form of pins, decals and stickers.
Officer ? took a personal affront to being photographed while assisting protestors as they crossed Central Avenue close to Carlisle. He stated that he did not like his picture taken and when told that he was subject to having his picture taken, as an officer acting for the public good, he ordered the photographer, "then get off of my median." The photographer withdrew along the median and continued to photograph Officer ? as he ordered protesters off the median at Carlisle and Central.
A small number of officers ran around the street, lashing out haphazardly at protestors who had stepped into the street in front of the main entrance of the University at Central and Stanford.
They showed a lack of professional calm by resorting to what appeared to be a "Keystone Cops" mentality in attempting to quickly stop the "lawlessness of obstructing traffic." Instead of stopping traffic and protecting the otherwise peaceful protestors, the marchers were accused of "enticement to riot." The officers failed in following one of Sir Robert Peel's, the founder of the London Metropolitan Police force, fundamental rules for policing; "No quality is more indispensable to an officer than a perfect command of his temper; a quiet determined action has more effect than violent action," and the old axiom that a police officer's peace may never be disturbed.

Sgt. Mark Garcia filling out paper work on the four arrests made at Stanford Dr. and Central Ave.

KOAT-TV news videotape of Sgt. Mark Garcia showed him chasing first one protestor who was beyond his reach, then grabbing at another who also was inches too far from his clutches and then rushing a third person, whom made no effort to elude, who he was able to catch. When Sgt. Garcia placed his hands on Ben Tucker, another protestor jostled Garcia, who then lost his glasses.

Four protestors were arrested, cited for disturbing the peace and inciting a riot but were later released.

The officers on scene called for assistance and eventually about 30 to 40 officers arrived.

Sgt. Garcia, in an excited and agitated state of mind, verbally lashed out at protestors and defiantly crowed about how he and his officers had stopped a riot scattering the remaining protestors by making the four arrests.

The use of "enticement to riot," charge when what was actually meant was incitement to riot, is an over inflation of charges. The policies and procedures of the Albuquerque Police Department are to use the least amount of force and action necessary to maintain peace and good order. When laying charges, the minimum charge should be applied.

In the case of marchers in the street, rioting is not the appropriate charge; obstructing traffic, at best, might be. Charging inciting a riot belies the political underpinnings of the personal attitudes of individual officers.