Last week we had the tragedy of Brandon Webber, who was killed on June 12th by US Marshals in the driveway of his family’s Frayser home. His bereaved parents spoke out in a June 14th vigil at the site of the killing, attended by over 600 mourners. We are saddened by this violence. Continue reading “The slaying of Brandon Webber”
In our most recent post, we revealed the extent of MPD’s Authorization of Agency (AoA) program, inspired by Memphis Shelby County Crime Commission (MSCCC).
We saw the racial disparity in the initial AoA post. The profiling nature of the scheme, with seven times (84.9% vs 12.3%) the number of Black versus white victims of AoA is confirmed.
We broke down AoAs by the year the initial AoA was signed. 2018 is low because only half a year of data was collected. Years 211 through 2016 are incomplete because we asked in our FOIA for all AoAs between December 1st 216 and July 9th 2018. All precincts but one simply sent all their AoA data rather than selecting the data range we asked for. In addition, we noted many AoAs which were signed on a given date and had additional lines added over the same signature and date later. We have not quantified this factor as of yet but we think it will skew a couple of percent of the dates earlier.
We adjusted the yearly graph by doubling up the 2018 number to estimate a full year, and we added 15% to 2016 and earlier to account for the number of AoAs missing in our sample.
The graphs look similar. From small beginnings in 2011, the scheme grew to about 240 in 2014, then took a big jump to 665 in 2016 and plateaued out to around 600 each in 2017-2018.
We need to look for the impetus behind the 2014 and 2016 bumps. Most likely, some form of marketing or promotional assets were assigned to the program to cause these bumps. We’ll also submit another ORR to obtain the missing data.
We created a new field in the spreadsheet for business category and ran this report. The biggest category is apartment, which also includes mobile home parks, condos, retirement communities and townhouses.
The dominance of this sector may be the result of “Operation Safeway” which had a focus on apartment managers. The majority of these had a just a few AoAs, but complexes like Greenbrier with 48 AoAs and a dozen or so with double digits stand out. Clearly a number of apartment managements embraced the scheme enthusiastically.
The retail sector is largely a handful of AoAs in each store. All branches of chain stores are included. Three chains of dollar stores (Family Dollar, Dollar General, and Dollar Tree) had a total of 38 AoAs, which probably reflects the dollar stores’ well known skimping on security staff. Other chains with large numbers includes Walgreens with 24 and Kroger with 17. Otherwise, few retailers had more than three or four per location.
We think that, like with the apartment sector, that the heavy retail users had an internal policy to use AoA while the light users were probably recruited by police.
The food sector includes all vendors of prepared food and alcohol by the drink. The chains with most branches are the biggest offenders, and CiCi’s Pizza in Poplar Plaza’s 17 AoAs were associated with a well-publicized disturbance at the venue. We know that Operation Safeway targeted food establishments in certain areas, but we think that most of the rest may have been instigated by MPD, including the CiCi’s incident.
The hotel/motel sector includes hotels, motels and boarding houses, has a few stand-outs, probably related to prostitution. The manufacturing sector, though small, is dominated by Smith and Nephew who initiated 85 of the 100 AoAs. This is an anomaly which probably reflects a decision in management to use MPD as part of its security apparatus.
The gas sector looks very much like retail, and when you eliminate the effect of supplier chains like Shell or Exxon, not much stands out.
Public facilities include the downtown MATA terminus, with 24 AoAs and three at the Zoo. We talked about the Zoo political blacklist in the original AoA post. We dispute the legality of public entities barring members of the public.
Churches banned 37 people. It sounds unchristian to us to put people in the system. Even worse, schools had 35 AoAs, and we cannot envision a world where young people can be legally barred from education, or even where a school would involve the police in its disciplinary process.
We see some high-frequency users of AoA. These AoAs are probably due to business policy and may have been influenced by Operation Safeway in some way. The vast majority of AoAs have the potential of being instigated by police, including a handful where we know the case history.
We will follow up with additional analysis, including enriching the data and sampling some case histories to determine the marketing initiatives that shape the AoA usage curves.
We’ve been hearing about MPD’s Authorization of Agency (AoA) process. It surfaced in the media during the A-list controversy, where the actual blacklist was on form AA 0306, the Authorization of Agency form. We also wrote about a couple of Park Protectors who featured on AoAs at the Zoo.
What is Authorization of Agency (AoA)
Authorization of Agency is generally accepted term in real estate law, where it allows an agent to sign property documents in lieu of a principal.
Some police agencies have the concept of authorization of agency, the San Diego PD being an example. In the case of all police agencies we could find, the authorization of agency is a blanket measure against all trespassers, so it’s similar to posting your property.
MPD’s AoA is different. It specified the property, but also has one or more individuals who are barred from the property. This is unique to MPD’s version of AoA.
Normally, trespass does not occur, in the case of property that is not posted, until an accused person has been informed that she is trespassing, and is given time to leave the property.
The legal theory behind the AoA is that the persons listed has been informed that they will be trespassing without further notice if she enters the property again. It supposedly authorizes the police to act as an agent of the landlord in giving notice.
AoA is also promoted by Shelby Co. DA Amy Weirich as part of Operation Safeway. Anecdotally, we hear that it is used against the homeless, by apartment complexes and by businesses who seek to prevent “undesirables” on their premises. The data tends to confirm this.
Our Open Records Request.
We submitted an open records request for all AoAs filed since December 1st 2016, and received about 200 files containing over 1800 PDF forms, many of them older than December 2016. Most precincts sent all their AoAs. We think we have over 90% of AoAs.
As can be seen from the chart, there were 1697 unique AoAs in the data, and race was identified in all but 75. 84.9% of listed persons were Black and 12.3% white, with a couple of percent Latinx and a few Asians. African Americans are over-represented by a factor of 350% compared with the demographics. There are seven times the number of Black people over whites.
The original map can be seen on Google Docs.
Click the “Map” tab to view the interactive map, and the “Rows” tab shows the data, with the source field clickable to go to the source PDF.
The collated data table is available on Google Docs, as a comma-separated CSV file, Excel XLSX and OpenOffice ODS files. These files also contain the name of the barred person, a clickable link to the source .PDF and the page number to search within this PDF. (Updated 9/11/2017: updated spreadsheet with corrections and added business category field; CSV XLSX ODS.)
The map shows a large concentration stretching through downtown, Midtown, Orange Mound, Parkway Village and Hickory hill, with some outliers in Raleigh and Frayser. Most of these places are where the races mingle as in downtown and midtown, or in transitional areas where demographics are changing. But the vast majority of AoA listees are African American.
How AoA is supposed to work.
The forms are filled in by hand by the property manager and are to be witnessed by a police officer. They are maintained in the original form via scanning to .pdf. They are apparently kept in hard copy folders by ward which are carried in police cars. Many of the forms have a three digit ward number written near the top of the form. The data are accessed by manually searching through the forms in the book.
As manual, hand-written forms, there are no controls on handwriting, spelling or general accuracy. Many entries are hard to read, either because the original script is undecipherable or because the documents have been scanned, faxed or copied many times.
Many of the forms have additional data, such as sex, weight, height, and marginal notes with drivers license numbers or scanned licenses, phone numbers, addresses, behavioral notes, details of alleged offenses, car tags or descriptions. DL numbers, Social Security numbers and photos are redacted. Access the original documents to see additional data.
Although some property managers keep the forms on hand and initiate the application, the suggestion to file often comes from a police officer.
Problems with AoA administration.
The forms state that the complainant has notified the subject that they are not permitted on the property, but we have many instances where the subjects were not duly notified, and there is no checking or control on
- Fergus Nolan and Maureen Spain are on an AoA at the Zoo from 31/5/2016 but were not notified, see example.
- Hunter Demster was placed on an AoA on 9/28/2017 and not notified.
- Up to 12 protesters at the Mayor’s house die-in from 12/19/2016 were placed on an AoA, and an additional 40+ people who were not at the die-in were also placed on the “A-list” AoA, but only Keedran Franklin was notified, and not by Mayor Strickland, the complainant, but by MPD plainclothes police.
Lack of notification of being on an AoA can expose the subject to arbitrary arrest for trespassing while unknowingly being listed on the property.
The “protection” afforded a property owner by AoA is similar to an order of protection, in that it prevents an subject from approaching a complainant while on her property, but AoA does not embody the same opportunity to legally challenge the listing. AoA may be viewed as an attempt to bypass the safeguards embodied in the Order of Protection process.
The AoA process is not documented in MPD’s P&P manual, and has no maintenance or purge process. Conditions attached to the AoA listing, such as limited duration of the listing, cannot be enforced. We have examples of AoAs which were supposed to have limited one-year duration still being on file after many years. The AoA my still be in effect after the property is transferred to another owner.
The forms are supposed to be signed by the complainant and witnessed by an MPD member. We found numerous instances of missing signatures of both types, and signatures that were “witnessed” on a different date to the original signature.
We also found numerous instances where a duly signed and witnessed AOA form had additional names added over the original signature, which is a falsification of official records, as the purported signature and witness do not apply to the subsequent changes. We have instances where both the original form and the updated version are on file, and also instances where later names were added in a different hand to the original list. Forms should have unused subject lines crossed out to prevent subsequent additions.
From personal experience, this example illustrates several of the problems with AoAs. On 5/31/2016, the day after their arrest at a Greensward protest, this AoA (PDF, see page 7) was created for Maureen Spain and Fergus Nolan, without notification. Their drivers license numbers were provided to the Zoo by MPD for this purpose, in violation of open records laws, which requires DL numbers to be redacted before sharing with members of the public.
Fergus Nolan unknowingly visited the Zoo on at least three different occasions in 2017. On one of these visits, he was with Hunter Demster, when both were asked to leave. Subsequently, on the 28th, an AoA was created for Hunter Demster, who was not notified.
During the incident described in our February blog, the police were seen working on some papers. Once again, for at least the fourth time, they failed to find the existing AoA for Fergus. The police added him into the existing AoA for Hunter. The two versions are shown above, where the second line was added in a different hand.
This illustrates what we think are common problems with AoAs. They are frequently altered to add more names, making the witness signature fraudulent. Subjects are often not informed of their inclusion on an AoA, making them subject to arrest if they re-enter the listed property unawares. The system is ineffective. Fergus Nolan’s 5/31/2016 AoA was not found on four separate occasions. In addition, the police often add confidential information to the AoA including driver’s license, social security number and photos, which are required to be redacted before sharing with members of the public, and the complainant gets to see this information.
I’m not a lawyer. AoA form AA 0705 is another version of the form, and some are present in our document cache. It cites TCA 39-3-1201, which was repealed, as the authorizing statute. These AoA forms are still active.
TCA 39-14-405 is the successor statute to the repealed trespass measure and it does not mention AoA or describe its mechanism. We have consulted attorneys who believe that the process is not legal, but there has not been a legal challenge to date.
Due Process Issues.
As there is no formal record keeping system for AoAs, and as there are no regulations in the P&P manual, the records are chaotic.
There is no judicial oversight, means of correcting, changing data, purging outdated records, or appeal process.
We saw AoAs as old as 2011, and children as young as eleven listed, with no mechanism for parental involvement.
We saw one situation where the same policeman hawked the same AoA against and individual to four different businesses in an area, suggesting that individual police have a lot of latitude in applying this sanction.
The quality of the system, in terms of data accuracy, legibility, efficient access and data maintenance procedures is rock bottom.
We are aware of several AoAs which have been removed fro the database. These include the original AoA signed in January 2017 for the December 19th die-in, which formed the basis of the A-list. Also missing is a December 31st for Malco theater which had the names of Keedran Franklin and other CCC members who gave out free theater tickets. The deletions we know about occurred after political pressure was applied.
AoA is racist in implementation, has no legal basis, has no checks and balances, is unwieldy, capricious and ineffective, violates due process and has been used as a weapon by MPD officers against the weakest members of our community.
It is questionable if a police force can act as the agent of property owners, in violation of the State trespass law, without compromising their oath to uphold the law.
It needs judicial intervention.
This week has been a game changer. Memphis history will forever be divided into the pre-ACLU era and the post-ACLU era. MPD in particular is in crisis, and, because of role of public safety in our local elections, the crisis extends into the political sphere.
The trial itself.
We saw a steady stream of MPD brass take the stand and be defensive. The City strategy has been to try to make the police look reasonable, and to paint the activists as crazy fools. This strategy plain failed, as Paul Garner, Elaine Blanchard, Earle Fisher and Keedran Franklin presented well on the stand. It is notable that the City did not send Jim Strickland or any of the”public safety” advocates to defend their police buddies.
The defense cut their losses on Thursday and pulled the plug on trying to discredit more activists or putting more police on the stand. Essentially, they accepted defeat after a very poor display of legal skills.
MPD is not a monolith. It has leaders jockeying for position as the next director, a large number of disaffected members who are still disgruntled over pensions and benefits, a degenerate and poorly led MPA and a sizeable contingent of out and out racists who are chafing at being led by an African American director.
We can expect instability at MPD. At this point I see little benefit in stirring the pot at MPD. We’ve stirred. Stirring done.
At this point we need to be concerned that the police will revert to form and lash out at civilians and activists. We suggest extreme care in interactions with police as we await the verdict from the trial. We have no need to provoke further reactions from MPD. We’ve already unleashed the nuclear option.
Strickland’s administration has not been watching the backs of their police. He has been declining to comment on the sub-judice proceedings. We expect this to continue.
In the meantime, the hitherto solid eight or nine vote pro-police Council block is already showing signs of fragmenting. Joe Brown and Edmund Ford are term limited and won’t need to expend political capital on defending the police.
Berlin Boyd is up for re-election. He has been at odds with the Kemp Conrad knee-jerk brand of police support, voting against Conrad in the August 2016 marijuana ordinance. Boyd knows that he needs to put some distance between himself and the law and order lobby. He’s been reaching out to certain activists with some truly strange proposals.
Jamita Swearengen, as the new chairman of the Public Safety Committee, has been conventionally pro-police, generally following the MPD’s COP community policing line. She made a speech at CLERB extolling Blue Crush and the deployment of 490 new spycams, which City Council approved a budget of $1.5M for on July 10th.
Patrice Robinson has not been saying a lot about policing.
Of the white Council members, all part of the Caissa group, the more extreme police fans like Kemp Conrad and Reid Hedgepeth, with Bill Morrison, are term limited. We might see some posturing from them. Ford Canale remains a cypher, although he rang the Public Safety bell in his August election campaign, apparently with less effect than his predecessor.
We don’t see much incentive for Council members to expend political capital on defending police prerogatives. In fact, we think some of the previous pro-police coalition, especially Berlin Boyd, are already maneuvering to create some advantage for themselves.
Activists have ling sought a strengthening of CLERB powers. CLERB needs subpoena power, and the ability to make binding recommendations for disciplinary actions and policy and procedure changes. Look to Memphis United, fresh from Paul Garner’s performance on the witness stand, to be making proposals. In addition, it appears that the administration has successfully sabotaged the ability of CLERB to post documents on its own website and on the City archive site.
It’s hard not to see the canny Garner taking advantage of MPD’s predicament.
Mike Rallings, as the officer who presided over the decline in MPD political interference, and because of his unconvincing defense of his policies on the stand, is damaged goods. He has been left dangling by his political masters. There is no question that he can survive past the election of the next mayor in 2019. He either takes control of his fate and resigns, or the political upheaval that now starts will result in his firing.
Rallings has been fully vested in his MPD pension plan for about a year.
It seems very clear that a new director can’t come from the culturally compromised MPD. The next Police Director must be chosen on the basis of a proven record of community policing. The internal candidates who have been preened as Ralling’s successor are infected with the racial disease that infects the force and will be rejected.
The 2019 City elections
The current mayor and most of City Council were elected in 2015 with dog-whistle campaigns, evoking public safety with racial coding to get elected. The dog whistle was already losing its effectiveness. J Ford Canale blew the dog whistle in the Super 9-2 election and his vote was down 25% on Philip Spinosa’s 2015 performance. David Lenoir used the dog whistle in the County Mayor election and was convincingly defeated by Lee Harris.
Incumbents will be forced to run on other issues. Insurgent candidates will focus on poverty, economics and policing, where incumbents have a dreadful record. Strickland has not been brilliant at the basics. The Caissa Seven have been exposed as the next best thing to a political conspiracy.
Expect a lot of surprises as incumbents and challengers jockey for position and make economic arguments. Expect opponents to rally around retaining IRV in the December referenda, and issues like EDGE, economic development, energy policy, CLERB, policing and poverty to be well aired in the election runup.
Policing has been the lynch-pin of Memphis politics, especially in the last election cycle. The pin has been pulled from this grenade.
People need to be very careful out in the streets.
In the halls of power, expect surprises. 2019 will be fought and won on real policies, not the stalking horses of yore.
The UK-based The Guardian today covered the story, as has Esquire magazine and Citylab. Our local crowdsourcers have only begun to dig in the paperwork, and we are certain that the material will fuel our researches for years to come, but a few vital facts have emerged.
Geofeedia replacement social media “collator” NC4.
Probably one of the most significant finding to date is the identification of the Geofeedia replacement. The ACLU had been after this product as the social media spy tool of choice until the social media powerhouses cut off its data feed in October 2016. The new replacement is NC4, which was revealed in the new a-list documents, we think for the first time. All we can find is this PRnewswire piece which was probably paid for by NC4.com as part of its PR aimed at local LE departments.
This alone means that we are already seeing dividends from the ACLU case, before it is even heard.
Activist counter-intel successes.
Almost as interesting, which squares with what we already knew from our previous blog about CCC’s counter-intel operations, is the fact that LE responses have been repeatedly been triggered by fake news planted by people close to CCC. Our blog uses Open Record information to document how fake news about an attempt on the Bridge escalated all the way to the top of State LE and to FBI. That incident appears to have escalated police response to protests, including the arrest of protesters on April 3rd by a snatch squad from the MPD Multi-Agency Gang Unit’s OCU (Organized Crime Unit). It was a pre-emption intended to abort a 6:30 bogus Bridge occupation. The OCU is all over the ACLU documents. The take-away from this is that information gleaned by MPD and TBI’s CIU from social media is even less reliable than the average social media fake news.
LE bites on fake intel, misses the real information.
Also revealed, something we also suspected from our blog: Not only is State LE liable to fly off the handle and escalate fake news to the top levels of local, State and Federal LE, but they have been doing a very poor job of eliciting the real intel they seek.
Our CCC story reveals that the unknown operational security measures CCC used to safely transmit the real April 3rd itinerary are working. The unadvertised first stop of the Rolling Block Party arrived at FedEx to find no police presence, and the police made the scene in a time span appropriate to a 911 dispatch. So, not only is the police intel gathering catching all the fake news, it is missing the real intel they are after.
Here’s the Daily Kos‘ Gary Moore on the April 3 arrests.
MPD gets vindictive from intel defeat.
Frustration at being totally confounded by this poorly financed, rag-tag group of activists may have led to Keedran Frankin‘s July 6th arrest, and the planting of evidence in his car. This arrest was allegedly in a traffic stop done by OCU, which is not exactly their beat.
Limitations of MPD’s social media spying.
The strange story of “Bob Smith’s” bogus social media account is also revealed. We had feared that MPD’s Real Time Crime Center had the ability to penetrate the end-to-end encryption used by Facebook. However, it appears that MPD was only able to view private data on Facebook to which their fake account, Bob Smith, had ‘friended’ itself. All the information in the earliest document released by the city suggests that only activists friended by Bob Smith could be accessed by MPD. In particular, Facebook Private Messages and secret groups which did not include Bob Smith were safe from spying.
We say this with a caveat: private Facebook stuff could be revealed via NSA decryption or by the issuance of a FICA court order, which does not require much in the way of probable cause. As far as I know, CCC used different means to organize the Rolling Block Party, and I don’t want to know what it was. CCC keeps ahead of LE spying by eternal vigilance and strict operational security.
I was personally targeted by Bob Smith and the information used to smear me, as searches for “Fergus” and “Nolan” separately will reveal. In particular, my arrest on Memorial Day 2016 was presented to be because I advocated lawbreaking due to entrapment by Bob Smith as a deliberate act by MPD, which I know to be untrue. In addition, the story of my uncovering the A-list which I documented in this first party eye witness account is smeared by a bogus allegation of a fanciful meeting I was supposed to have with a County employee, who is standing for election this week. I promised I would not out this person until after the election, but this MPD cover story did not surface until after my A-list story needed to be discredited, and is at variance with my contemporary eye witness account. My story did not change. Theirs did.
In other news: Office of Homeland Security identified.
At MemphisTruth.org, we have been looking for the MPD’s Office of Homeland Security. It turns out to be two officers, Sergeant Tim Reynolds, promoted this April but identified in the documents as Detective, Sergeant and Lieutenant, and as Police Officer II in the current City salaries list. Also Sgt. Edwin Cornwell.
The Office of Homeland Security is part of MPD Special Operations, housed in the Special Operations division, which also houses the Real Time Crime Center which does most of MPD’s electronic spookery.
The ACLU papers will give and give.