- TO: Professional Standards Bureau
Phoenix Police Department
111 West Monroe Street, Suite 200
Phoenix, AZ 85003
COMPLAINT: - Biased and retaliatory law enforcement against American citizens opposing the Macchualli DLC
- Refusal to Follow AZ laws and PPD policies against those supporting the Macchualli DLC
SUBMITTED BY: 5 members of the Macchualli Protest Team (MPT) to oppose illegal immigration in Phoenix
Although the complaint consists primarily of text, video footage and/or photographs of incident were recorded (unless we were forbidden by Phoenix PD detectives) and are readily available. In investigating the complaint, we expect that the Phoenix PD Professional Standards Bureau will acknowledge that such evidence is an integral part of the investigation and make arrangements to view it.
I. INTRODUCTION
II. BACKGROUND
III. NON-DLC OBSERVATIONS
IV. OBSERVATIONS (Examples cited with dates, witnesses and some photos)
V. OVERALL OBSERVATIONS
VI. SUMMARY VII. ATTACHMENTS
1. Sonoran News, “Laws & Regulations for US Citizens only?” January 16-22 2008
2. Sonoran News, “Protesters harassed by city over signage,” March 12-18 2008
3. Phoenix PD report #2007-72296737 (December 1 2007, 34th & Thomas, Plaintiffs Jim, Jane & Chris vs Defendant Blanca Blanco Hernandez)
VII. REQUESTS FOR POLICE DEPT. RESPONSE:
(a) Page 7 -- Use of Force Report of January 22 2008
(b) Page 16 -- ARS or local law prohibiting citizen photographing police at crime scenes and witness cooperation with victims
I. INTRODUCTION
Police Officers aren’t elected, but nonetheless hold a position of public trust.
Like all Phoenix officers, Al Ramirez is bound by a voluntary oath he swore to enforce the law and the US Constitution upon his entry to the Phoenix Police Department.
“I (name) do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution and laws of the state of Arizona, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge, the duties of a peace officer to the best of my ability, so help me God.” We’ve repeatedly seen him refuse to fulfill that oath.
II. BACKGROUND
Our experience and observations of Ramirez’ conduct largely began on December 31 2007 at the Macchualli DLC on 25th Street south of Bell Road, where the Macchualli Protest Team began monitoring the hiring of illegal aliens in suspected violation of the Arizona Employer Sanctions law. The exception was on December 13 2007 when he was among the Community Relations Bureau team assigned to the “Hispanic Town Hall” sponsored by Mary Rose Wilcox at the South Mountain HS Auditorium.
Members of the Macchualli Protest Team are exercising their First Amendment right to peaceably assemble in opposition to a day labor center operated for the primary purpose of enabling illegal aliens to obtain work in violation of Arizona laws and whose temporary use permit expired 3+ years ago. Police officers assigned to the DLC should be charged with the same mission as those assigned to the 2006 & 2007 Illegal Alien marches to the AZ Capitol: “enabling citizens’ constitutional rights while keeping the peace.”
We acknowledge the obligation of police officers to enforce the law without regard to their personal opinions of the individuals, laws or activity. We don’t expect favoritism; we expect the law to be enforced objectively against any violator regardless of which side of the issue they embrace.
Police officers’ oath commits them to enforce the law in an even-handed and objective manner, regardless of their personal opinion of the law(s), individual or activity in question.
The oath doesn’t give Detective Ramirez the option to enforce the laws he likes and refuse to enforce those he dislikes. He doesn’t have the option of enforcing laws against people he dislikes while letting those he likes “walk.”
Our observations of Ramirez’ conduct shows that’s exactly what he does.
Phoenix PD Officers assigned to the November-December 2007 “Pruitt’s Protests” at 34th Street & Thomas told of a “Self-ID” policy practiced by the Phoenix PD, explaining that anyone who lacks valid and credible ID has the option of “Self-ID” (in other words, the police accept in lieu of valid photo ID an individual’s claim that “I’m John Smith because that’s who I say I am.”
However, Commander Glenn Gardner of the Phoenix PD’s Planning & Research Dept rejects the “self-ID” policy claim: “I am charged with maintaining our department’s policies and I have to tell you that no such policy exists. We do have directives that outline the department’s policy on when an individual is or is not eligible for a Citation in Lieu of detention and this policy has few absolutes and affords officers much discretion with a clear desire to book individuals only when necessary in order to maximize our resources, both human and financial, while ensuring that public safety comes first. On this issue I think that I would need additional clarification from you as to what information you are seeking before I could adequately answer your questions. I would encourage you to call me directly at my office and I would be happy to meet with you to completely explain our citation policy or any other policy that you feel has bearing on the issue you are looking at.”
Actually, Commander Gardner’s description of “few absolutes …much discretion” is both right and wrong. Absolutes may be few but they’re primary and must be satisfied before officer discretion is allowed. Possession of valid Arizona ID is virtually mandatory; he said a suspect with ID from other states would be unlikely to be “cited and released.”
That’s consistent with Sgt. Brian Murray of the PHX PDs Community Relations Bureau in commenting to Steve “The Bird” Lemons of the Phoenix New Times on an incident included in this PSB document: “Murray said that because Galeener had an Arizona driver's license, he was cited and released. If he'd been from another state, say, the police would not have accepted his promise to appear before a judge.” (Phoenix New Times, March 8)
The ATTC (“citation-in-lieu-of-detention”) policy outlined in Operations Manual Order 6.2 outlines the conditions under which an officer may “cite and release in lieu of detention.”
6.2 1.B specifies that an ATTC is used for civil traffic, criminal traffic, criminal misdemeanor offense and petty offense.
6.2.A.1 (Violator Identification), a. “Violators will be properly identified before being issued an ATTC (AZ Traffic Ticket Citation)”
6.3.A.(1) is very clear with “Offenses Ineligible for an ATTC:” “When the suspect’s identity cannot be properly determined through fingerprints or photograph identification.”
Under the parameters he outlined, Ops 6.3.A.1 doesn’t allow an officer the discretion NOT to cite and release a suspect without valid ID.
Only upon satisfying the criteria is an officer permitted to use discretion to “cite and release” a suspect; should these conditions NOT be met, it’s clear that Ops 6.2 doesn’t allow “cite and release.”
Because “citation in lieu of detention” requires that suspects first be identified by fingerprint or photograph (Ops. 6.3.A.1), a “self-ID” policy enables suspects with no valid ID to be cited and released rather than detained. However, Commander Gardner was unequivocal: no such policy exists.
We’ve observed Ramirez employing various methods for evading enforcement of the law against people he apparently sympathizes with and/or likes:
• He prevents the complaint against them from ever being filed by intimidating complainants (as he did on the February Saturday by telling protest team members to “keep your big mouths shut”).
• If the complainant wants to file charges, Ramirez excludes them from any discussions, lets the suspect “walk” and then when the complainant objects, says “it’s too late, they’re gone now” as he did on December 31 2007 when letting the unlicensed driver leave.
• Makes up reasons why the offense isn’t a violation of the law (as with his March 13 claim that he doesn’t cite rock-throwing as an offense because the “old county attorney” wouldn’t press charges.).
• Believing the “suspects” don’t meet the qualifications for an ATTC (“citation in lieu of detention”) Ramirez does everything possible to keep the violations “off the record.” He looks the other way when possible. When there ARE witnesses to the offense (and/or evidence), he intimidates the witnesses (as he did on January 22 when telling us to “keep your big mouths shut.”)
Ramirez’ badge doesn’t allow him a forum for preaching his own personal interpretation of the law, but several protest team members know his habit of waiving enforcement of the law (or even pretending not to see them) for people he says are “peaceful and hardworking.” He often comments that they’re not breaking any law, but when asked about several state laws currently in effect that prohibit hiring those in the US illegally, Ramirez refuses to acknowledge them. It’s very clear that Ramirez sees no need to distance himself from personal involvement in the issues at the Machuelli DLC, and he doesn’t. The message that police are to enforce the law regardless of their own personal opinions seems beyond his recognition.
III. NON-DLC OBSERVATIONS
December 13 2007 at South Mtn HS. The presumed purpose of 40+ on-duty officers (paid by public funds) assigned to County Supervisor Mary Rose Wilcox’s “Hispanic Town Hall” had the same mission as those assigned to the 2006 & 2007 Illegal Alien marches to the State Capitol: “enabling citizens’ constitutional rights while keeping the peace.”
Al Ramirez wasn’t impartial in enforcing the law when he repeatedly threatened two members of USA (United for a Sovereign America) with arrest for being disruptive and telling them they had to leave the “Hispanic Town Hall” after they and 40 or so others stood and said the Pledge of Allegiance at the opening of the meeting.
From the podium, organizer Mary Rose Wilcox called for order and said those who continued to disrupt the meeting would be removed. She said nothing about punitive removal of those who had already said the pledge and certainly nothing about arresting those people if they remained quiet during the meeting. Taking it a step or two further seems to have been Al Ramirez’ idea; no other PPD officers on duty applied that interpretation.
Even after we resumed our seats to await the meeting to continue, Ramirez’ comments to the two USA members were clearly audible to all in the immediate area: “they paid for the building and can remove you so if you don’t leave you’ll be arrested.”
In contrast, Ramirez didn’t threaten arrest to anarchists whose much louder shouts of “Racist,” “KKK” and “Get out” to those reciting the Pledge of Allegiance, and those individuals were far more disruptive. When the two USA members didn’t succumb to his threats of arrest (“This is a public meeting, I have a right to be here, I’m not disrupting anyone, and I plan to stay”), Ramirez shifted his pressure tactics to another accompanying USA member who finally convinced several USA members to leave: Come on, let’s go; I don’t want to be arrested.”
But rather than remain in the auditorium to “keep the peace,” Ramirez followed them to the lobby where the first USA member spoke with several media people who followed her exit from the auditorium. Once again, Ramirez continued pressuring the friend: “Can’t you get her to stop talking to them?”
Yet Ramirez made no attempts to prevent anyone from ACLU or various pro-illegal alien and anarchist groups from talking to the media.
III. DAY LABOR CENTER OBSERVATIONS
(A) December 31 2007: The truck (license 371 TMF) in the photo made an unsafe left turn upon leaving the DLC and drove so recklessly when proceeding on 25th Street that the CRB detectives on the scene stopped him. Upon learning that the driver had no license or proof of insurance, Ramirez used his discretion NOT to follow Ops 6.2 & 6.3, issued NO citations to the driver and quickly sent him on his way (without the vehicle).
Not only did Ramirez allow the driver to leave the scene rather than detain him, he also allowed the driver to leave the truck in a “No Stopping” zone (see the sign in the photo). When Macchualli Protest Team members objected to Det. Ramirez’ decision to give a “free pass” to someone observed driving recklessly, making an illegal left turn and lacking any legally-required documents, Ramirez insisted, “He’s already gone, so it’s too late to cite or detain him.”
Sgt. Brian Murray apparently recognized the volatility of Ramirez’ arbitrary decision and defused the explosive situation. After phoning a city attorney and learning that some citations could be issued without the absent driver, Murray insured that those citations still possible were issued.
The vehicle owner later arrived to claim the truck but had no proof of insurance. Rather than impounding the vehicle, Ramirez AGAIN used his discretion to allow the truck to AGAIN remain in the No Stopping zone while the vehicle owner left to get proof of insurance. By the time the vehicle owner returned with proof of insurance, the truck had occupied its No Stopping zone parking spot for more than an hour.
In contrast, drivers who stop at the curb (clear of the DLC entrance and exit) to sign our initiative petitions or deliver donuts, pizzas or donations in gratitude for our efforts are intercepted by Al Ramirez before they even exit their car.
Although the example cited below is on March 14, Ramirez did this even before the Phoenix PD honored the demands of Salvador Reza to paint the curbs red on both sides of 25th Street in front of the DLC to prevent parking by Macchualli Protest Team members. The pretext for the City’s satisfying Salvador’s whim was that his wife “didn’t feel safe.” (Sonoran News, “Protesters harassed by city over signage,” March 12-18 2008)
(B) January 12 2008 with Sonoran News “Laws & Regulations for US Citizens only?” January 16-22 2008. Linda Bentley of the Sonoran News reports the conduct of the neighborhood rock-thrower with the gasoline can, complete with photographs. The boy in question lives in the same house as Paulita Cortes, a strong supporter of Salvador Reza and the DLC.
The second photo shows Paulita Cortes taking video footage of the police conversation with the boy. Unlike Macchualli Protest Team members who are threatened by Detective Troy Bartlett for filming such police activities, no directives were heard to Ms. Cortes to stop her filming.
Nor did Bartlett make any attempt to prevent Linda Bentley of the Sonoran News from photographing the police operation, let alone threaten her with arrest as he does with MPT members.
C. January 22 2008: Salvador Reza directed a worker to clear the DLC south entrance with a leaf blower. It was obvious that Salvador’s directions to the worker included intentionally blowing dirt and leaves toward MPT members nearby on the 12-foot deep setback of city-owned land in front of the DLC.
After finishing at the south entrance, Salvador Reza escorted the laborer to the north exit. The worker similarly began blowing leaves, dust and debris to members of our group sitting on the 12-foot setback of city-owned property. One of those seated was Mr. B, who suffers from asthma and uses a cane for walking after an amputated leg required a prosthesis.
Mr. B asked the worker to direct the blower away so as to prevent dust that would trigger an asthmatic attack. The worker clearly understood, because he briefly stopped the blower until Salvador Reza shouted at him to resume.
Mr. B stood from his chair and AGAIN asked the worker to stop the blowing, but the blowing continued directly at him. At that point, Mr. B raised his cane and said, “I’ll knock the blower out of your hands if you continue.” Following Salvador Reza’s continued shouts, the worker continued blowing the dust directly into Mr. B’s face. His FOURTH warning to the worker were ignored while Salvador Reza shouted at the worker to continue.
In the meantime, CRB officers who had been standing 30-40 feet away from the exit area hurried to the scene to control the situation. The one exception was Al Ramirez who remained on the north side of the north exit driveway and drew his service gun. Holding it at a 45-degree angle, he shouted to Mr. B, “Drop the cane, drop the cane!” (No one saw or heard Ramirez draw his weapon and shout to the worker who created the problem to “Drop the blower, drop the blower.”)
REQUEST:#1 We understand that a Use of Force Report required by Ops Order 1.5.6 must be filed whenever an officer upholsters his weapon on duty, so there should be a report of why Ramirez felt it necessary to draw his gun on Mr. B that day. Please forward a copy of the Use of Force report to the MPT leader.
MPT members were both angry and outraged that Al Ramirez would draw a gun on a man he knew to be an amputee with a prosthetic leg (remember that Ramirez saw Mr. B at South Mountain when he still needed his walker. Even at the DLC when Mr. B had shifted to his cane, he kept his walker nearby.)
Both Detective Troy Bartlett and Officer Tamara seemed to make an effort to cover for Ramirez by telling everyone “it wasn’t Al Ramirez” who drew a gun on Mr. B. When MPT members replied, “Well, someone drew a gun and if it wasn’t Al Ramirez, who are you telling us that did it?” Bartlett and Tamara had no reply. There’s no doubt at all that it was Al Ramirez who drew his service gun. Whatever the motives of Bartlett and Tamara in their attempted deception, they not only failed but also reduced their own credibility with law-abiding citizens.
Nor can there be any doubt that Ramirez knew of MR. B’s prosthetic leg. At the December 13 South Mountain event, Mr. B was one of those Ramirez threatened with arrest if he didn’t leave the auditorium. (At South Mtn HS Mr. B depended on a walker following his amputation surgery; he later transitioned to a cane.) Not only was Mr. B’s walker clearly visible to Ramirez that night at SMHS, but the walker is also at the DLC in Ramirez’ view.
By now, the other CRB officers had come between Mr. B and the worker, the blower was turned off and Mr. B lowered his cane. While talking to the CRB officers, Mr. B remained standing and used his cane for support.
The CRB officers determined that no charges of “threatening behavior” would be filed against Mr. B despite Salvador Reza’s repeated howls demanding “justice.” CRB officers reminded Reza that only a victim could initiate a complaint, and the worker declined. Accompanied by Salvador Reza, he returned to the interior of the DLC.
Despite the clear evidence that Reza instigated the whole incident by directing the worker to use the leaf blower as a nuisance, standing next to the worker the entire time, and subsequently refusing to let the worker stop when problems arose, Al Ramirez didn’t say a word to Salvador about all the trouble he instigated. Instead, remaining outside the DLC fence, Al Ramirez instructed MPT members that we were on public property and had no rights, while the DLC and its operators were on private property and they had every right to do what they did. He further said, “If you don’t like the blower, move somewhere else.”
(D) Saturday, February 9 2008: A driver westbound on Bell Road made an unsafe left turn and broadsided a white vehicle headed eastbound on Bell with such force that the 2nd car was thrown into Mr. H, standing on the SE corner of Bell Road & 25th Street. Mr. H was taken by ambulance to the hospital where he was diagnosed with a broken pelvis. (PD Report #0803285)
The first driver had no drivers’ license, had caused massive damage to another vehicle and serious bodily injury to a citizen. Yet Al Ramirez did not detain the driver, took his information and let him go, in clear opposition to Ops 6.3.A.1.
That the man had a Mexican matricula consular that Detective Ramirez accepted as valid ID changes nothing. Commander Gardner clearly specified that an out-of-state resident (assumedly of a US state) wouldn’t be eligible for “cite and release.” That residents of a Mexican state don’t deserve a privilege denied to residents of US states is obvious; “officer discretion” isn’t a substitute for common sense.
As it happened, the driver gave a false name but an accurate address, so when the police later went to his address after finding prior arrests after matching his fingerprints to another false name used by the illegal alien, we understand he was finally taken into custody. Had the suspect been smart enough to give a false address with his false name and ID, he’d likely be still walking free. All because Al Ramirez substituted his “discretion” for the provisions of Ops 6.2 and 6.3.
The idea that Ramirez afforded a resident of a Mexican state to be “cited and released” when it would be denied to a non-Arizona US resident is both appalling and an outrage!
Protestor Ms. S and her daughter witnessed the accident, and in the 40 minutes while the victim driver and passenger waited for the police waited with them and gave them a bottle of water as well as their names and contact information. Knowing that the driver had no insurance to pay for the damage he caused to their car by his reckless driving, the two ladies appreciated the help. But as they wrote her contact information in their notebook, Detective Troy Bartlett arrived, told Ms. S and her daughter to get away from the two victims or he would arrest them for interfering with the investigation.
In contrast, Salvador Reza was actively filming video footage of the accident, follow-up and investigation, and none of the CRB officers accused him of obstructing justice or interfering with a police investigation. Even his filming of a protestor’s 18-month old grandchild didn’t generate to Salvador Reza the admonition against “filming a juvenile” that Detective Bartlett habitually issues to MPT member Dave.
(E) Saturday, Early February 2008: While standing with his girlfriend on the south side of the Northview Apts sign, an Hispanic young man (older than 16 and therefore non-juvenile) yelled obscene remarks to MPT members in front of the DLC. Group members were busy packing tables and signs; they replied a couple of times and resumed their preparations to leave. At that point, he began throwing rocks over the bushes at MPT members.
From his customary “observation post” (leaning against a tall green utility box at the north side of the DLC exit), Detective Ramirez may not have seen the rock-throwing. It wasn’t until March 13 that MPT members learned Ramirez’ personal opinion that rock-throwing wasn’t serious and shouldn’t be prosecuted.
When MPT member R walked southward on the east side of 25th Street to return to his parked truck, the young man took off running south. Because Officer Santos Robles was leaving the DLC in his cruiser, the young man may have thought Robles was pursuing him. (Actually, Robles was responding to a radio call to respond for an automobile break-in rather than in pursuit of the “rock-thrower.”)
As MPT members loaded their vehicles, the young man’s father (accompanied by the girlfriend) approached MPT member R, grabbed his right arm, pushed him against the truck and demanded to know what he did to make his son run from the police. R told the father to remove his hands or he would have him arrested.
An MPT member who accompanied officers to the scene of the altercation describes how clear it was that even before arriving on the scene, Ramirez’ had already reached a “verdict” on who was responsible for the problem and who should be punished.
“We were taking down our 'area' in front of Sal's day labor camp - packing up to go home. I heard rocks hit the ground perhaps 15 feet behind me at the south end. In front of me (to the north), up the road in the opposite direction of the 'rock thrower', I noticed Officer Santos Robles in his cruiser. He was 'burning rubber' and speeding south down 25th Street in our direction.”
“One of the guys in our group pointed out a Hispanic male running from Officer Robles. I went back to breaking down our camp.”
“A minute later, I heard someone about 20 feet south of me screaming. I turned and saw an older Hispanic man 'in R’s face' threatening him. I turned and started in the direction of the altercation. Al Ramirez and Troy Bartlett were both headed in the same direction. I made a comment to Al Ramirez to the effect '...this looks like one of those peaceful demonstrations' referring to Ramirez’ habitual defense that illegals’ mass marches just represent ‘peaceful and hardworking’ people showing their right to be in the US”.
“Ramirez turned and, in a VERY loud and aggravated tone, shouted, "... Well, if you wouldn't get them all stirred up, maybe this wouldn't happen.'”
From the far north end of the DLC, Al Ramirez, Officer Tamara and a third officer arrived and ALL THREE escorted the father and girlfriend (now in tears) to the north side of the exit driveway. All three officers spent the next 10 minutes hearing their accusations of R for “making the boy run from the police.”
None of the three officers came to speak to R (who they undoubtedly knew had a valid charge of assault against the boy’s father) or the several witnesses. It was immediately obvious that Ramirez and the other two were doing everything possible to discourage and even prevent R’s filing a complaint.
R had clear cause for an assault complaint against the boy’s father, but Ramirez used his notorious “let ‘em walk before anyone realizes it, and then claim it’s too late for citing and/or arresting” trick. At the completion of their “audience” with the 3 officers, the man and girl left the area quietly. Never did Ramirez speak with Rick Galeener to ask “do you want to file charges” before Ramirez arbitrarily decided to “let ‘em walk.”
After keeping MPT members waiting around with no contact, the other two officers left. Al Ramirez came over to tell MPT members (in his own words) “keep your big mouths shut.”
At the end of that day, every group member (even first-timers who were still naïve and idealistic) realized that Al Ramirez was a “dirty cop” and a firm believer in strong law enforcement—against those he dislikes or disagrees with.
That MPT members did nothing to initiate or exacerbate the rock-throwing or the father’s attack on R was proven beyond question the following day when the young man returned to the DLC protest table and apologized to R for his father’s behavior in assaulting him.
Officer Santos Robles was made aware that same day of the boy’s apology (that’s how MPT members learned he was called to an auto-break in rather than chasing the “rock-thrower.”). He recalled the boy running from him, and learned of the boy’s father’s assault on R and the boy’s return to apologize. Considering the importance that CRB team members share knowledge fully with each other, there can be no doubt that Al Ramirez was also “made aware” of the boy’s apology to Galeener.
Yet Al Ramirez never acknowledged or apologized for his hasty and unfounded conclusion that MPT members instigated the rock-throwing by “getting them all stirred up.”
(F) First Week of March, 2008. “The Barricades & the Sandbags.” About 7AM on Saturday, February 2nd, in conjunction with Salvador Reza’s march to the DLC from Most Holy Trinity Church (7th Street south of Dunlap), CRB detectives set barricades and sandbags on 25th street, closing the street between the two DLC driveways. MPT members objected to these barricades because they couldn’t park at the curbs on either side of 25th Street (this happened before the City later painted the curbs red).
When Sgt. Bryan Murray arrived at the DLC, he determined that the number of marchers crossing 25th Street from the west to enter the DLC (72) was much lower than would have required the lengthy barricaded section of 25th Street. Murray removed the barricades at the south end of 25th Street (near the DLC entrance) and put them on a “stand by as needed” basis on the ground on the west side of 25th street where they remained indefinitely.
On a couple of particularly windy days in early March, MPT members borrowed a couple of the sandbags to anchor signs against their blowing into the street. As they “broke camp” each day, the sandbags were returned to their original location. This was done in full view of Detective Troy Bartlett, who habitually parked his truck near the south entrance just beyond where the red curb currently ends.
On one particular day, Al Ramirez was parked at Bartlett’s usual spot. As MPT member A crossed the street with the sandbag, Ramirez left his truck and threatened A with arrest for theft if he didn’t return the sandbag immediately.
Since no law-abiding citizen wants to go to jail for borrowing a $2 sandbag (and many believe Ramirez would detain them even though they easily qualify for cite-and-release), Mr. A returned the sandbag. A second MPT member D later asked Ramirez, “Would you really arrest one of us for ‘theft’ of a sandbag that we intend to return considering the many times we’ve seen you let walk drivers with no license and no insurance?”
He became hostile and tersely said “I will enforce the law.” After we saw him letting the rock-thrower and assaulter walk free and admonishing MPT members to “keep your big mouths shut,” none of the group had any reason to doubt that Ramirez would enforce the law—against MPT members.
Despite Sgt. Murray’s earlier decision to leave the sandbags and barricades on a “stand-by as needed basis,” Al Ramirez obviously followed his own agenda. He immediately got on the phone, and within 20-30 minutes, the private company who left these items there since Feb. 2nd suddenly arrived to pick them up.
(G) Saturday, March 8 2007. Paulita Cortes, resident of the home of the January 12 juvenile rock-thrower, swore out a complaint against MPT member R while he was in his truck parked on the street in front of her house.
Because his case hadn’t been placed on the court calendar when he appeared as instructed, R’s appearance has been postponed. So long as the case is pending, our comments in the PSB complaint will focus on Al Ramirez’ conduct handling the matter.
As is usually done when allies of Reza and the DLC complain, Al Ramirez held an extended discussion with Ms. Cortes, with Salvador Reza present. Reza’s presence wasn’t needed, yet Troy Bartlett didn’t order Reza to leave, and certainly didn’t threaten Reza with arrest for obstructing a police investigation as Bartlett has regularly done to MPT members.
Unlike the several offenders against MPT members who were just “talked to” and let go, Rick Galeener was prevented from leaving the scene during the extended discussion between Ramirez, Cortes and Officer Sullivan in the presence of Salvador Reza. Troy Bartlett came to R’s truck, at first to advise him that he would be charged with “public urination,” then to require him to remain waiting for the 30+ minutes of extended discussion in Cortes’ yard.
In contrast, no one talked to R or any MPT witnesses who waited. Just as with the rock-thrower described in (E) above, MPT members were left waiting while CRB officers conduct discussions with offenders instead of arresting and detaining them.
That such “sit and wait” isn’t SOP (Standard Operating Procedure) yet was done at Al Ramirez’ “discretion” is proven by portions in bold italicized print on page 2 and 3 of Phoenix PD report #2007-72296737 (34th & Thomas, Plaintiffs Jim, Jane & Chris vs. Defendant Blanca Blanco Hernandez)) at the Pruitt’s protest on December 1 2007. The officer chased down the vehicle in which the offender Hernandez was riding, took her ID and information and let her go on her way at the direction of the CRB detective assigned to the Pruitt's protest. Phoenix PD officers didn’t keep Hernandez waiting around during endless discussions between the three victims and coaching Pruitt’s protestors on the best charge against Hernandez. Instead, officers made an extra trip to her home to advise her of the arrest and charges against an offender they had only met once.
Yet Ramirez didn’t enable that handling with MPT member R. No matter that all CRB officers knew his identity (he’d by then been at the DLC for more than 60 consecutive days) and how to contact him, Detective Troy Bartlett prevented his departure despite R’s reminder, “I have to go--my nurse will be arriving at my home at 1pm.”
To summarize the essential elements of each incident: The discretion of Sgt. Hernandez directed the release of Blanca Blanco Hernandez despite that: a. she admitted committing the assault b. the assault was witnessed by an officer on duty c. while her ID was apparently valid, she was totally unknown to all officers present. They couldn’t be sure her ID, name and address were accurate, nor could they be sure she would be available for pressing charges later.
In contrast, the “discretion” of Detective Al Ramirez directed that MPT member R be prevented from leaving the scene despite that:
a. Ramirez hadn’t even established whether any violation had indeed occurred
b. Neither Ramirez nor anyone else witnessed the “offense” claimed by Cortes—it was all based solely on her credibility.
c. Not only had R NOT admitted to the offense, he hadn’t even been advised what the alleged violation was.
d. R’s identity and residence location was well-known to all officers present--he’d been at the DLC site for 60+ consecutive days and was highly likely to return the following day. CRB officers had undoubtedly checked his identify and background long before. The possibility that he would disappear before he could be charged was virtually nonexistent.
The vast difference is the treatment of Blanca Blanco Hernandez as directed by the CRB detective at Pruitt’s protests as opposed to the treatment of MPT member R directed by Det. Al Ramirez isn’t due to “discretion.” Those who observed the March 8 proceeding recognized Ramirez’true intent: harassment and retaliation.
Upon the arrival of Officer Sullivan with the ATTC, R finally learned the outcome of the “conference” between Ramirez, Cortes and Reza: Cortes’ charge was “upgraded” to indecent exposure.
At the beginning of the “conference,” MPT member D.A. was taking video footage of Ramirez’ extended discussions with Paulita Cortes showing Salvador Reza nearby within hearing only to be threatened by Troy Bartlett with arrest for obstructing justice.
(H) Thursday, March 13. After another MPT member was assaulted and her sign broken, Ms. S asked Detective Ramirez why he allows rock-throwing at MPT members.
Ramirez said, “We do not make arrests for rock throwing unless someone is badly injured. I know a rock can kill someone, but if we make an arrest or cite someone for rock-throwing the county attorney’s office will throw the case out.” When asked if he meant the office of Andrew Thomas, Ramirez replied, “Probably, but the old county attorney would throw it out and we just don’t give citations unless someone is injured.”
Ramirez likely expected Ms. S to accept this “refuse to prosecute” scenario without question, not expecting that she would even know the name of current county attorney Andrew Thomas.
(Is Ramirez aware the “old county attorney” left office over 3 years ago and that Romley’s old parameters don’t necessarily apply any longer? Or is it just another of Ramirez’ excuses for selective law enforcement?)
Nor did Ramirez explain why he doesn’t consider rock-throwing as “threatening behavior” as he did “raising a cane” that on January 22 2008 led Ramirez to draw his gun against Mr. B. Certainly Detective Ramirez has never drawn his gun against rock-throwers to protect the safety of MPT members.
Considering the importance of whether someone did indeed intend to throw a rock (not actually throw the rock and seriously injure someone) during the recent trial of Border Patrol Agent Nick Corbett, there’s a clear discrepancy between various law enforcement agencies in how serious and threatening “rock-throwing” actually is. While the US Attorney in Tucson during the recent trial regarded it as a credible defense for Agent Corbett, Phoenix PDs Al Ramirez seems to dismiss it entirely.
On the other hand, MPT members have no doubt that if they threw rocks at any DLC associates or their neighborhood allies, Al Ramirez would arrest them in a heartbeat. And despite their meeting “citation in lieu of detention” qualifications, they wouldn’t be at all surprised to see Ramirez detain them just to pacify Salvador Reza and his howls for “justice.”
Ramirez certainly detained MPT member R on March 8 for as long as he possibly could despite clear evidence in Phoenix PD (Report #72296737 of the Blanca Blanco Hernandez vs Jim, Jane & Chris incident proves beyond doubt that it isn’t Phoenix PD Standard Operating Procedure).
There’s no possibility that Ramirez would allow MPT members to throw rocks and “walk” with impunity as Ramirez has commonly done to accommodate allies of Salvador Reza and his DLC.
(I) Friday, March 14. Detective Ramirez consistently takes the most serious action possible against MPT members and turns a blind eye to violators associated with the DLC.
On March 14, a black or dark gray car stopped to pick up day laborers and remained in the street with day laborers encircling the car, blocking 25th Street traffic for nearly 10 minutes. It was parked at least 6 feet away from the newly-red-painted curb where a “No Stopping” sign is clearly posted (see December 31 2007 photos).
Detective Ramirez watched from only a few feet away, but never approached the car or asked the driver to move into the DLC driveway (which citizens were promised would eliminate the safety hazard of traffic blocked by day laborers and prospective employers).
In contrast, about 30 minutes later a woman with children in a bright red SUV stopped in the same location expressing interest in signing the L.A.W and S.O.L.E petitions. While MPT member Ms. S approached to suggest she park her car and they could address her questions, Ramirez immediately came over shouting commands to move her car or he would have it towed. The driver was so shaken she drove off immediately, and her children looked scared at the way he yelled at their mother.
As she hurriedly drove off, Ms. S commented to Detective Ramirez that he had AGAIN demonstrated an example of the selective law enforcement that we’ve repeatedly observed at the Bell Road DLC.
The “offense” committed by the driver was similar to but far less lengthy than the car that Ramirez allowed to remain in the middle of the street for 10 minutes to pick up day laborers with no admonition at all. But what a difference in how Ramirez handled it!
(J) Thursday, March 27. Today, MPT members noticed a marked change in Al Ramirez’ usual handling of vehicles stopped in the red “No Stopping” zone.
Two Hispanic men (both with shaved heads) driving a late-model Cadillac stopped at the red-painted curb with the “No Parking” sign directly in front of their table. When one left the car and walked over to the table, Al Ramirez didn’t run over to them shouting demands that they move their car or he’d have it towed as he did on Thursday, March 14 with the lady interested in signing our petitions.
Instead, he remained sufficiently distant from the car and the table so as to later claim he didn’t hear their threats to MPT members: “You know, what’s going to happen is that you’re going to make us violent, and that’s what’s going to start it.”
Having said that, there can be no doubt that a veteran officer like Ramirez knew exactly why these visitors came and what they planned to say. That Ramirez’ own conduct in handling their stopping at the red-painted “No Stopping” sign differed so much from his usual to curb-stoppers makes his knowledge virtually undeniable. Additional recognition was from the day laborers themselves (who DIDN’T run to the car wanting work as they normally do) showed the awareness of everyone who these men were and what they were about. Surely Ramirez didn’t think they were interested in signing our L.A.W. and S.O.L.E. petitions!
It wasn’t until MPT member R forced Ramirez’ hand by shouting to the men, “Are you threatening us?” that Ramirez was forced to come over to the table and give the appearance of keeping the peace. As usual, Ramirez didn’t ask details of what was said against MPT members, just very politely said, “Be on your way, boys.” When asked by the “visitors” “Are you one of them?”
Ramirez replied “No, I’m one of the police.” That seemed to make no difference to the man who remained in front of the table taunting MPT members until it suited them to leave. Ramirez didn’t draw his service weapon (as he did earlier on Mr. B), no other CRB officers stepped up to assist him, nor did they call for backup units.
Ramirez didn’t ask whether threats were made against MPT members, likely because he didn’t want to be put in the position of arresting an obvious ally of the DLC but rather keep the episode completely off the record as we’ve seen him do so consistently.
Beyond the usual selective law enforcement, MPT members commented on how polite and deferential Ramirez is to DLC allies as opposed to the hostility he directs to law-abiding citizens.
IV. OVERALL OBSERVATIONS
Ramirez seems to believe his assigned duty at the DLC is to be a taxpayer-funded security guard protecting the business interests of Salvador Reza and the DLC. MPT members regularly observe Ramirez in extended friendly conversations with the day laborers and their prospective employers, Salvador Reza and DLC supporters like Paulita Cordes. They speak with him in Spanish as he sits in his vehicle or stands leaning against the green utility box at the north end of the DLC.
While there’s nothing wrong with being cordial to people on both sides of a dispute, Ramirez’ conduct to protestors is much different. Rather than being similarly cordial, he glares whenever MPT members are nearby or leaves without a word.
It’s obvious that the concept of his mission of “enabling citizens’ constitutional rights while keeping the peace” and preventing physical conflicts of ALL concerned and protecting ALL parties concerned is the furthest thing from Ramirez’ mind.
Last Week of February, 2008. On this day, Ramirez stood for approximately 20 minutes at the SE corner of 25th. St. & Bell Road talking to the customary group of day laborers until MPT member Ms. D went to that same corner with a protest sign.
Upon her arrival, Ramirez abruptly left. When the day laborers began the cat-calling and rude gestures that generate complaints at stores like Wal-Mart and Home Depot, Ramirez demonstrated his “blind eye and deaf ear” from where he watched about 30 feet away. In addition to allowing such harassment and disrespectful behavior to be directed at a citizen, Ramirez abandoned her to defend herself should any trouble have begun. Noticing the situation, two more MPT members joined Ms. D at the corner.
While Ramirez and the Phoenix PD will dispatch a city curb-painting crew at the whim of Salvador Reza’s wife so that she’ll “feel safe,” (Sonoran News, “Protesters harassed by city over signage,” March 12-18 2008), Ramirez intentionally distances himself from a female MPT member whose safety may be at risk from groups of day laborers.
Ramirez makes no attempt to be “impartial” in his duties (indeed, he seems to have forgotten that “impartial” was part of the oath he took); he obviously doesn’t do his job that way.
When MPT members leave daily at noon, they’re careful to leave the area exactly as when they arrived that morning.
Yet when the day laborers who buy food at the 25th & Bell McDonalds walk to the DLC and blatantly toss trash on the ground directly in front of Al Ramirez and Troy Bartlett , neither asks them to pick up their trash, let alone arresting them for littering.
Littering, solicitation and loitering are among the offenses various precinct commanders (e.g. former Central City commander Jeff Hines) insist that court decisions prevent them from enforcing against day laborers. Yet upon Sheriff Joe’s recent arrival at Cave Creek & Bell, littering was one of the offenses for which he arrested people. No doubt the day laborers were surprised to be held to the anti-littering laws by Sheriff Joe after having such a long-standing free pass to litter from the Phoenix PDs Community Relations Patrol.
While Ramirez pursues an apparent agenda of “gaining the trust of the ‘immigrant’ community,” he’s earned fair and square the contempt of law-abiding citizens. For those connected to the DLC who commit offenses, Al Ramirez sends them on their way quietly before MPT is told, consulted or even heard from. In contrast, when DLC people commit offenses, Salvador Reza is there to either howl for justice if he doesn’t like the police decisions or protest their arrest in the first place.
Even though Salvador’s presence isn’t needed (the CRB team includes a Spanish-speaker, Ramirez himself), he isn’t a witness and he should be excluded, CRB officers raise no objection to Salvador’s presence and seem to welcome him being there. As stated earlier, Reza freely videotapes occurrences at the DLC, while MPT members are threatened with arrest on some pretext for videotaping.
Where MPT members are involved however, the law according to Al Ramirez changes:
1. MPT members are allowed no input even when we’re the victim or potential complainant,
2. Our observations as witnesses are ignored
3. Detective Troy Bartlett can be depended on to threaten to arrest us for “obstructing justice” or “interfering with a police investigation” if we don’t remain at a distance sufficient to exclude us from awareness of what’s happening until after they’ve whitewashed the entire matter and quietly sent the perpetrators on their way. He seems to have a special objection to footage of CRB involvement with any altercation that arises, although Salvador Reza openly takes video footage of anything he chooses with no admonishment or threat of arrest by Troy Bartlett
REQUEST #2 When we verified the truth of Troy Bartlett’s claim that video filming of a police investigation was grounds for arrest, the officer at the Phoenix PD Main Desk told us there was nothing illegal about it and we were welcome to do so.
When we informed Bartlett that the Main Desk didn’t agree with him, he then claimed, “Well, you can’t film anything that involves a juvenile and the people downtown don’t always know what’s happening here.”
A veteran newspaper journalist has told us that people in public places can readily be filmed. He dismissed the “juvenile” concept since the photographer has no way to establish the age of everyone in a crowd. He said what while the CRB might prefer that their activities at the DLC not be documented on film, there’s no legal provision against it.
And Bartlett doesn’t mention why these limitations aren’t applied to Salvador Reza, only to MPT members. Reza’s habitual videotaping isn’t even acknowledged or cited by CRB officers, much less threatened with arrest.
We’ve had enough of the runaround from CRB detectives; first on signs and now what photos we can take. We want a copy of the relevant laws we’re habitually threatened with.
We’ve learned that approaching CRB officers for the information is useless. While they’ve been eager to assure DLC “patrons” that it’s not illegal for them to hire illegal aliens in violation of Arizona laws, those same officers refuse to even identify to us a law by its number and dismiss requests (as did Officer Tamara) saying “read the law yourselves.”
(1) Please forward a full copy of the ARS and/or local law that Detective Troy Bartlett repeatedly cites that prohibits MPT members’ recording DLC events on film yet allows Salvador Reza to freely do so whenever he chooses.
(2) Please forward a copy of the ARS, city ordinance or PHX PD Operations policy outlining how, when and where citizens can exchange contact information as witnesses without risking arrest for obstructing justice or interfering with an investigation as threatened by Det. Troy Bartlett. The material should be sent to the MPT group leader.
V. SUMMARY Our complaint of misconduct against Phoenix PD detective Al Ramirez is straightforward:
HE'S A DIRTY COP. It's a serious charge but nonetheless deserved.
Such a charge usually means that an officer accepts payoffs or other bribes. But an officer is just as "dirty" when he betrays the trust and authority of his badge to pursue a personal agenda or vendetta contrary to the rule of law, such as:
- following a hidden agenda or vested interest that prevent execution of his sworn duty.
- practicing selective law enforcement
- allowing personal biases and prejudices to hinder his sworn oath of impartial law enforcement.
We ask that the Phoenix PD Professional Standards Bureau document Ramirez’ biased conduct that violates his sworn oath and take disciplinary action emphasizing his duty to be impartial, just as he swore an oath to do.
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