To Serve And Protect Who?

Were I so inclined, I could probably devote this blog solely to police misconduct, so extensive does it seem. Perhaps it is due to the Forcillo conviction for the attempted murder of the late Sammy Yatim that we are more sensitive to the issue, but each day seems to bring new information about police behaving badly. A crisis of public confidence is not too strong a phrase to describe the public's growing distrust of those sworn to protect and serve.

And to make matters worse, as I observed in a post earlier this week, the police, or at least their unions, are reacting with outrage rather than humility at these charges and convictions, a fact that does not bode well for changing the culture and profile of our protectors.

In its letters section today, The Toronto Star features an entire page of public reactions to the Forcillo conviction. Each letter is worth reading, but I reproduce just a few below to offer you a sampling of sentiments:

.... Police spokespeople have publicly worried that the verdict will “send a chill through the force.” But if a chill is what it takes to soothe the itchy trigger fingers of cops like Forcillo, then it’s exactly what we need. These men and women are given public permission to patrol our streets armed with increasingly deadly force. It’s time they understood that public scrutiny is part of that privilege – scrutiny that will become a bit uncomfortable now and then. Or are we supposed to look the other way when a citizen is killed?

As your editorial notes, the verdict will be small comfort to the Yatim family, but at least it’s something. And the Star deserves credit for its excellent series on police abuse and accountability in the GTA, “Breaking badge.” I believe that it has helped to shift our outdated attitudes towards the police.

Andrew van Velzen, Toronto

The TPS police union boss, Mike McCormack said he is “disappointed with the guilty finding and it sends a chilling message to other cops.” I agree. Indeed, disappointing the original charge was reduced and chilling that the blue wall choose to close ranks to protect a criminal in their midst rather than “serve and protect” the public.

Time for handlers at the senior police levels and politicians to take note. No more impunity for bad cops who have previously executed the emotionally or mentally upset among us. Rather than deescalating the situation. A overdue message to any cop who may wish to play fast and loose with civilian lives. Now consequences attached.

This is the first time in Ontario history a out of line cop actually has been convicted. Now the question is, will his legal weasels continue to attempt to subvert justice by their gyrations allowing this soon to be ex-thug in blue to escape?

Paul Coulter, Kincardine

Forcillo’s lawyer spoke of “trial by YouTube.” How about “trial by seeing is believing” or “trial by a picture is worth a thousand words.”‎

Let’s be clear here; no video, no conviction. All on-site police testifying in court would have backed and supported their brother’s need to use the excessive force repeatedly delivered on a dead or dying individual.

Tim Strevett, Hamilton

As in countless other trials, no one has emerged a winner here. Both Forcillo and Yatim’s family have lost.

I have to wonder, however, at the defence decrying the video shot that night, and suggesting it precluded a fair trial. When the police install cameras in the city and seek greater powers to snoop, we are told, if you are not doing anything wrong, you should not fear this surveillance. It seems, in this unhappy case, the police have learned they, too, are being watched and recorded.

Video evidence is virtually unrefutable; that’s why law enforcement wants it. Now, however, it seems the shoe is on the other foot.

G.P. Wowchuk, Toronto

...what should be most disturbing to the public is Mike McCormack’s reaction that the verdict is sending a “chilling message” to the police. The police still don’t get it. This reaction is itself sending a cold blooded warning to the public.

Torontonians have reason to beware the police when their spokesperson insists on their right to remain above the law.

Tony D’Andrea, Toronto

"It Was Very Malicious Of Them To Leave This Town In The Shape It's In" - A Tale Of Walmart's Depredations

The above observation is voiced by a former grocery store owner whose business closed shortly after Walmart moved into her town. But this is not just another story about how the retail behemoth drives out competition through its predatory pricing practices; it is a tale of what happens after it has wrung out all the profits it can and then vamooses from town for the sake of its 'corporate health,' leaving its former patrons with nowhere to shop.

This sad scenario, being played out in 150 small U.S. towns, is a sobering reminder that all too often the term 'corporate responsibility' is but a cruel oxymoron:

More On James Forcillo

H/t Toronto Star

In response to yesterday's post, both the Salamander and the Mound of Sound offered some interesting commentary. The Salamander has experience in dealing with troubled and armed youth, as you will see, and The Mound has had careers both in journalism and the law. I am therefore reproducing their respective observations below:

.. the slow motion process of the Forcillo trial re the killing of Sammy Yatim has come to a temporary junction point. the toronto newstalk jocks can't get enough of expert opinion, so called public sentiment & various views from officialdom. In the past I described my own experiences, to the estimable Mound.. wherein I was called upon to deal with emotionally disturbed teens, drug addicted teens and triple maximum security juveniles.. I was never armed by the way.

Sammy Yatim was troubled, delusional & psychotic.. 1/2 of a collision looking for the other 1/2 .. that's very clear via video evidence, medical history & post mortem toxicology. He was 'out there' .. 'crispy' & as likely to try and swim to Rochester as he was to confront a dozen armed police.

But the killing is really about fearful Forcillo, a known hothead cop who'd pulled his gun a dozen times in 3 years. So lets keep the event very very concise, shall we? Most anyone has seen the various videos of Sammy Yatim's last moments & is aware of Forcillo's 'defense'.

Of course I'll paint it in a slightly different light.. as I've been there, done it, got the t-shirt.. dealing with delusional drug addled teens.. with a weapon.. and nobody died!

Forcillo and his female partner arrived on scene as a seemingly damn cool TTC driver gave up and left his streetcar. 'Taking charge' .. so to speak, Forcillo confronted the teen from a close but safe distance, shouting profanity laden 'orders' as his memory challenged partner holstered her weapon.

In the midst of numerous armed cops beside and around him, Forcillo feared for his life, such was the threat of knife wielding Sammy Yatim, up there inside a streetcar. Really now? Armed cops standing on either side of him, behind him, at the rear doors etc.. and Forcillo thought the teen could fly like a witch and get to him from the streetcar, without descending the steps & covering the 10 foot gap to that crowd of armed cops?

Forcillo exemplifies 'failure' .. the 'fearful' defense is so limp that its to laugh at.. but the Force must close ranks. In reality I suspect other cops curse Forcillo on a daily basis. The idea that his 'training' was to do what he did in approx 50 seconds of disastrous failure is to laugh at. Somewhere right near the bottom of the Toronto Police hires in the last 5 years is Forcillo.. a weak link deserving to drive a desk.. maybe in data entry or vehicle maintenance.. To let him deal with the public, much less ever own a gun again would be a travesty.. Amen, end of story.

I'm not satisfied the judge handled the case correctly either, Lorne. The judge issued revised instructions to the jury after they had deliberated that, to me, sounded bizarre.

The whole theory of whether this was one or two shooting events was confusing. The coroner testified about the nature of the wounds inflicted at the outset, when Yatim had been standing, contrasted with the subsequent wounds from bullets that struck a prone victim. Wound paths are readily traceable.

As I understand it the forensics suggested the initial three wounds were mortal. Yatim would have died without more. How then to treat the next five wounds? The Crown chose to treat that as attempted murder.

In firing squad executions is the coup de grace administered after the initial volley a separate event? I don't see it that way. It's collateral to the first shots.

I think an appellate court might order a retrial. I suspect that better Crown counsel might rethink the prosecution theory and look beyond the 5-second pause.

If, as the video suggests, Yatim collapsed with the first shot, were the second and third really justified? Was the first shot warranted unless Yatim made some clear move to exit the streetcar such as stepping into the stairwell? That, to me, was the obvious threshold to the "self defence" business.

I think the Crown may have muddied the waters and left the judge to deliver an incoherent, confusing charge to the jury. Were I sitting on the appeal I think I would set aside both verdicts and direct a new trial.

Clarity On Rona Ambrose

Ed Tanas helps shed some light on the temporary Tory leader and chief resident hypocrite (competing with Tony Clement for that title, of course).

Not A Moment Of Humility Or Uncertainty

I have avoided writing about the semi-acquital of Sammy Yatim's killer, Officer James Forcillo, partly because it sickens me when miscarriages of justice occur. Adding insult to injury is his lawyer's attempt to get his conviction for attempted murder stayed

...because Forcillo “substantially followed his training,” which was provided by the state.

“The state,” he said, “should be disentitled to a conviction because they . . . provided the training to him.”

Even more upsetting is the reaction of the police union, which you will see in a moment. But first, I'd like you to take a look at a clip about an execution perpetrated by the Cleveland police three years ago; especially offensive is the reaction of their union which, as you will see in the second clip, has some eerie echoes of Toronto police union head Mike McCormack's comments on Forcillo's conviction.





MsCormick laments that it sends a chilling message to front-line officers, as well it should. Unfortunately, the real message they will refuse to process is that when they violate their oath to serve and protect, they will be held accountable by the state, however imperfectly.

Humility, not police outrage, would be the proper reaction in both the Cleveland and Toronto cases.

"The Ocean, If It Wants Us, It'll Come And Take Us"

So says a bemused victim of climate change in California. Jaw-dropping and chilling is how I would describe this, yet another reminder of our powerlessness in the face of nature:

A Good Question

There are days when it is difficult to see any long-term future for the human race. Stories abound of both our collective and individual acts of brutality that attest to the fact that purely animal urges prevail within us far too frequently. The scintilla of hope that something better is possible is offered, paradoxically, by collective and individual acts of kindness and compassion that also occur on a regular basis.

The problem, it seems to me, resides in our refusal to tame and regulate the bestial side of our nature, its most frequent expression being found in the behaviour of those who claim to represent us, our governments. Too many of us are content to simply throw up our hands and say these things are out of our control, and then go on to divert ourselves with the latest technological toy. Neil Postman wrote about such in Amusing Ourselves to Death.

I am, however, frequently buoyed by letters to the editor that amply demonstrate that there are those among us with insight, clarity and the capacity for analysis and are willing to challenge the insensate among us. Two such letters I reproduce below:

Husband of terror victim cut PM's call short, Jan. 22

I sympathize with the families of people killed in the Burkina Faso terror attack but I can’t help wondering about suggestions that Canada should step up bombing in Syria in retaliation. The Canadians were killed in Burkina Faso. Would it not be more satisfying retribution to send our planes to bomb Burkina Faso?

But who do we blame for the attacks? If the killing of a few Canadians in Burkina Faso justifies bombing attacks in Syria, then surely the killing of Canadians in Burkina Faso was justified by the killing of Afghans in Afghanistan, Iraqis in Iraq and Syrians in Syria. Turnabout is fair play, they say, and at this stage we of the Western world are ahead by several hundred thousand killings. Let’s hope ISIS and other “terror” groups don’t try to even the score.

We could also note that bombing has never yet won a war. Hitler’s blitz did not knock England out of World War II and when economist J.K. Galbraith studied the effect of allied bombing on Germany, he found that German arms production had peaked in late 1944.

We had air superiority, but the Korean war was a draw. The Americans dropped more bombs in Vietnam than they had in World War II, but they lost the war. The bombing of Cambodia helped Pol Pot to take power there.

It’s lots of fun to bomb an “enemy” and it’s very profitable for the corporations that make the planes and the bombs, but the evidence suggests that bombing builds, rather than breaks, resistance.
Western governments have spent billions of dollars on the series of wars that George Bush Sr. began and Jr. continued, but we’re a long way from peace. Does anyone else notice that the flood of refugees coming to Europe from Libya, Iran, Afghanistan and Syria are coming from three countries that the U.S. “liberated” from governments that people did not see the need to flee, and one that was for years a client state that, in one case at least, tortured a Canadian on the orders of American “security” forces.

Maybe the best way to end terrorism would be to stop provoking it.

Andy Turnbull, Toronto

Respectfully, Westerners have no business in countries such as Burkina Faso, a state that is frequently rated among the worst countries in the world. Suggesting Prime Minister Trudeau is wrong to pull fighter jets in the fight against terrorism is unfair and just plain folly as incidents such as the recent deaths of six Quebec residents in the terrorist attack in Burkina Faso are literally a daily occurrence across the width and breadth of the African continent as well as many other territories in the world.

People who visit such countries in the name of faith-based altruism do so at their peril, and should not expect the governments of their home states to be held accountable for their misfortune. Tough, unsympathetic words? Perhaps, but that is the reality of the world we live in.

States such as Burkina Faso must forge their own destiny. Westerners who wish to help others in the name of faith would be better served if they looked in their own backyard first before disseminating their brand of religious altruism abroad.

Louis MacPherson, Bowmanville

Both letters will, no doubt, provoke a flurry of outrage. The truth often hurts.