At around 9.00 on the Morning of Friday, July 10, 2015 an Sandra Bland, a 28 year old African American woman was driving to work to finish her first week in a new job. In thirty minutes time, a perverse set of circumstances ensured that Sandra wouldn’t make it to work that day. In fact Sandra would never make it to work anywhere, ever again.
Sandra was not killed in a traffic accident, nor gunned down as an innocent bystander in one of America’s increasingly popular mass shootings. What started the chain of events that ultimately led to Sandra losing her life was her failure to signal. I’ll write that again, her failure to signal. No matter how you say it, write it, or read it, it never makes any sense. She failed to signal, and three days later, she died, while still in police custody. The story being, she failed to signal and now she is dead.
Now of course the legalistic pedants among us will jump up and down screaming foul play, they’ll say “but Sandra wasn’t in jail for failing to signal, she was in jail for resisting arrest,” and this is of course true, (although wasn’t she protected by the 4th amendment against unreasonable search and seizures?). But, why was she being arrested, for failing to extinguish a cigarette in her own car? Surely in the home of Lady Liberty, and “the land of the free”, citizens can’t be arrested for smoking a cigarette in their own car. Why did officer Brian Encinia demand Sandra to exit her car? Shouldn’t he have issued the ticket, tipped his hat and sent Ms. Bland on her way? As soon as officer Encinia ordered Sandra Bland to step out of her car he acted as a catalyst in the escalation of a fractious situation. Another way of saying it is he poured fuel onto the fire. All Officer Encinia needed to do, all he had the right to do was to have issued the warning or ticket relevant to her traffic infraction. What did the officer see to prolong detaining Sandra Bland?
In an article on attn.com criminal defense attorney John Hamasaki (http://hamasakilaw.com/) provides his interpretation of the events and legal implications, as witnessed from the dashcam of the police car.
there’s a term we hear in the criminal law field– “somebody failed the attitude test.” And when somebody fails the attitude test, things escalate. Again, there is no “attitude test” that’s permissible as a basis for police encounters, meaning police officers don’t get to harass you because you have a bad attitude, or you don’t show them the proper deference.
Hamasaki continues by saying:
Once the investigative detention relating to the traffic stop was complete, he had no basis to detain her, no basis to order her to put out her cigarette, and no lawful basis to order her out of her vehicle.- Hamasaki
For the full article follow the link: http://www.attn.com/stories/2498/sandra-bland-arrest-lawful
While Hamasaki’s comments are both interesting and enlightening, I’m an old fashioned, simple sort of a person. All this legal interference, interpretation of the law and so on, only serves the needs of sustaining an over developed legal system. The law is there to protect the citizens, by their nature laws should be reasonable and have an element of common sense. Those empowered to enforce the laws should only be asked to uphold reasonable laws, and have received the training necessary to do the job. The point I am laboring towards is that had the officer used what some might call discretion, but what I’ll refer to as common sense, today Sandra Bland is alive.
Upon entering the Waller County Jail, Sandra Bland was asked some standard questions. These revealed that earlier this year she had taken a drug overdose following a miscarriage. To most human beings she had suffered significant emotional trauma in the past year. Also, if someone answers yes to that question, doesn’t that triggersomething happening, otherwise what is the purpose of asking it? What we’ve seen is a woman admitting to those detaining her that she had tried to kill herself in the previous 6 months, then killing herself with material supplied by the custodians, whilst under their care. While Waller County Jail might not have directly killed Sandra, dereliction of duty bordering on complete incompetence seems highly likely.
Now an appeal to pathos; when looking at the circumstances of this shameful and unnecessary death what I find most saddening is how Sandra’s life might have played out had fate been more benevolent, had luck gone her way, had she been white. Had circumstances been different, it is conceivable that today she would be the mother of a young baby. Where there could have been joy and so much life celebrate, instead became story of tragedy and death.
Now an appeal to anger; I’m tired of hearing about people dying unnecessarily, and what happened to Ms. Bland was as unacceptable as circumstances get. In the past I have watched the news, felt pissed, shrugged my shoulders and got on with my life, but enough’s enough. Below is the link to the Waller County Sheriff’s complaints and compliments webpage (compliments?) I know most of you are too busy, or too tired, or just don’t care enough, but if some of you could drop them a line expressing your thoughts, keeping the pressure on the murderous swine, it’s a legitimate reason to rant at fascist law enforcement, and maybe you’re doing something that just might help prevent this from happening again.
The employees of the Sheriff’s Office are proud to serve this community. We strive to always provide professional and courteous service to every citizen who requires our assistance. Sheriff Smith values all feedback from citizens, be it positive or negative.
Compliments for a job well done may be emailed to firstname.lastname@example.org. Complaints or concerns regarding an employee should be sent to the same email. In order to file a formal complaint against a deputy, you may be asked to come to the Sheriff’s Office in person.
It was a Wednesday morning and I was enjoying my vacation. I was lounging around in my underpants, trying to read one of Poe’s onerous, preponderous and turgid short stories in they style that only Poe could write them, thank god, because if all writing was like Poe’s then being illiterate wouldn’t be considered such a bad thing.
My phone rang, my ear was quickly bombarded by the staccato speech that produced words like a Gatling gun produces bullets. It was a call from my Filipino attorney, he had landed in Bangkok and he was urgently in need of a visa for Viet Nam, five kilos of northern Thai coffee, and a good place to watch cricket. He knew that all I was good for was only the coffee, although I was determined to offer my expertise on the visa front as well. The cricket match started tomorrow at five in the evening, we were to meet at a bar in downtown Bangkok where we could watch men play an esoteric sport, and where we could formulate and discuss the sorts of ideas that flew in the face of convention and common decency.
Although having lived in Thailand for over a decade I could never be described as one who appreciates the benefits of travel. In this time I have been to Bangkok only a handful of times, and have only been to the beach twice. Instead I’m much more comfortable making cups of tea and reading books, but here I was, being presented with an opportunity for mindless, reckless and irresponsible behaviour in one of the most sin ridden cities in the world. I knew my attorney had lived quite a life for the ten years he had spent in Bangkok, and that he would have the geographical sagacity and social connections to facilitate a unique happening. I was also well aware that my attorney had never caught on to the notion espoused by some former drug users that you can get a lot higher without drugs than with them. And neither have I, for that matter.
We arrived at a bar just off Sukhumvit Road, the attorney was immediately halloed enthusiastically by a number of weary, middle aged looking men sat around a table. Salutations, hugs, swearing, and insults were suitably exchanged, followed by more swearing and insults. Once these formalities had been completed to everyone’s satisfaction, the Filipino introduced me to his associates which initiated another volley of insults and swearing.
It had always been our objective to watch the cricket, but from the moment we arrived people seemed seemed to be shuttling themselves with a nervy sense of alacrity back and forth to the toilet. Not that the cricket required much concentration, the Australian batsmen were disposing the English bowlers to the four corners of the ground (no mean task given that they play on an oval).
Over time an inverse relationship was developing between the number of runs being scored by the Australian batsmen and the number of people remaining round the table. With the Australian batsmen accumulating the sort of score that would cause a theoretical mathematician to have a wet dream, only three of us remained around the table. The Filipino myself and a Joe Pesci type of character who made frequent references to the activities and workings of the Australian Embassy. I had no idea of the role Mr. Pesci played for the embassy or if indeed he even worked there, but after a while my fascination with his employment status was replaced by the entertainment being afforded to me by my attorney and Mr. Pesci. They were involved in an intense discussion bout movies, and plays, going from one to another using a sequence of weak, sometimes spurious connections. Mr. Pesci would call out the the title of a play or a movie and this would inspire the Filipino to act out scenes from that said entertainment. In a twenty minute spell, I had been treated to the Filipino acting out a scene from some Australian play about an election, followed more ambitiously by playing the part of Brian Denehy playing the part of Willie Lomax in Death of a Salesman, but this was nothing as for his finale he finished with an inspiring scene from Gandhi. It was at this moment that I realized that those two were riding the crest of a wave I hadn’t quite caught, the wave quickly took them shorewards and I knew that I would have to go quickly looking for my surf board in the toilet if I was going to have any hope of staying in touch with them. There we sat for the rest of the night, staring out to sea, looking to catch our waves. Suddenly someone would catch a wave and begin to rant incoherently, with no reason or rationale, then fall off and sit back down on his surf board waiting for his next thought to sweep him along and hopefully wash him up upon the shores of sanity.
This was no state for a respectable man to find himself in, and what had exactly happened to us during the previous three hours is hard to say, I remember noticing that it was two in the morning and saying “I feel light headed, I could do with a walk.” After having probably settled the bills the Filipino and I walked off into the night, the lights of Bangkok reflected in or vapid, dilated eyes, and enhancing our distant, vacant grins.
By the time we had realigned our perspective of things it was approaching three in the morning. I had to be at the airport for seven, and my expensive hotel room had become little more than a luxury locker within which my bag was stored. At some point during our bacchanalian rampage along the fetid and depraved streets of Bangkok ill luck and poor decision making led me to act on an ill advised impulse, I took the opportunity to go shopping for ladies underwear. It may have been as a result of us being constantly harassed by the gnarled, wizened harpies that were perched on bar stools, casting the dice of fate one last time for the night, hoping for one more customer that would help them to pay their electric bill, or their meth dealer. In an unspoken flash of benevolence I decided the only moral thing to do was to help these ladies. With both of us being married purchasing the professional services they were used to offering was clearly out of the question, and I couldn’t just give them cash that would be demeaning, these girls after all had their dignity. So it was obvious that a fair and above board transaction needed to take place between us if I was to help these girls. It was then, in a moment of blinding inspiration that I declared my intent to buy the underpants of any girl willing to sell them. For a moment there was quiet, the bar girls clearly didn’t understand the terms of business I was trying to conduct, whilst my attorney struck dumb, was now struggling to understand anything. In my poorest drunken Thai I made myself understood to the harpies who quickly became excited and scuttled back into the dark recesses of the bars from which they had originally crawled out of. The Filipino was still very unsure as to what had just happened, whilst standing there dazed and slack jawed a barely dressed bar girl closely showed to him a pair of very cheap, trampy, string like underpants, and started shouting that she would take 500 baht for them. She was quickly joined by four, five, six other bar girls proudly brandishing underwear aloft in the air, as if it were their national flag. It quickly became apparent to me that due to the over supply of the desired product this had quickly become a buyers market. “So you’ll take 500” turning to another pant wielding freak “would you sell for 400?”, the girl nodded enthusiastically, ” so she’s selling for 400, put up your pants if you’ll sell for 300″. A sea of hands, arms and underpants crashed over us. In only a couple of minutes we’d purchased several pairs of underwear at an average cost per unit of around 100 baht, but more importantly we’d helped these people out and managed to retain our dignity.
With our new found sense of self respect we decided that we were hungry and didn’t give a rat’s ass about what we should eat. This is a particularly cavalier philosophy to adopt towards food at 3 a.m. in Bangkok, one that could well result in the aforementioned rat’s ass being the main ingredient in what we were about to consume. We found some street vendor that agreed to sell us something that might be protein on a layer of rice, covered in a shiny, gelatinous sauce.
By now the Filipino had decided that it was the right time and place to wear the procured g-string about his person, more precisely on his head. In the grand scheme of what else was going on about us this didn’t appear to me to be too ridiculous. The Filipino and I sat ourselves down on plastic stools amidst an ocean of Johns and their hookers for the night. Indeed, it was at moments like this that it can be difficult to have faith in the essential decency of the white man’s culture. Obviously Bangkok isn’t the white man’s culture, but by the looks of it he was definitely acclimating himself successfully into this environment. If there was anywhere on Earth that I was expecting people to be liberal minded, it was here. This would surely be the last place for those with pious, conservative values to frequent. Why should any of these swine care about a man wearing panties on his head?
We both sat there, wiped out from the excesses of the past ten hours, both of us questioning why we had ordered food, why we were here? A stocky, meat head of a man walked past my shoulder and stopped opposite the Filipino. All I could see was the back of what appeared to be an unusually muscled man. There was something in the tone of his voice and the fact that he’d walked with purpose up to the Filipino that alerted my suspicions. I looked up and the man was speaking with an air of hostility, very closely to my attorneys face. He then pulled something out from behind his back and held it very close to the right eye of the bewildered Filipino. The man put what ever it was behind his back again, mumbled some more incomprehensible words and once again held something very closely to the Filipino’s right eye. The poor bastard didn’t have any idea what was happening, for starters the object was being held far to close for they eye of any man who had been drinking for the last ten hours to focus on, and secondly the gusset of the g string he wore on his head obstructed his view. The implement was once again hidden behind his back. Hidden is not altogether an accurate word owing to the fact that the stranger had his back to me, I could therefore clearly see that he had been holding a fork to the Filipino’s face. Without thinking and with very undramatic ease I disarmed the stranger, who seemed equally astonished by my powers. The meat head now focused his attention on me, but strangely I appeared to have earned his respect when confiscating his fork. English appeared not to be his first language and he was even drunker than we were, but after listening to him for a couple of minutes it appeared that the Filipino wearing ladies underwear on his head was a cause of great moral discomfort to the man. Still holding onto the fork I tried to remonstrate that his sensitivities seemed a little out of place given his surroundings, and that inserting a fork into the eye of the Filipino was the wrong way to go about expressing his feelings. Now this man was huge, I could have been armed with all the forks in Bangkok, but it would have made no difference should this ape had decided to get nasty. Surprisingly since losing his fork he became relatively personable and entered into something of a debate about whether the wearing of a g-string on a persons head was acceptable behaviour. I pursued my angle that most of the behaviour of anyone after dark in this city was questionable, and conceded that in an ideal world my attorney wouldn’t be wearing a pair of lady’s underwear about his head . We chatted for perhaps quarter of an hour, in which time he told us he was a mixed martial artist from Brazil, why he lost all his aggression after being dispossessed of his spoon shall remain one of life’s great mysteries. One thing was clear to both the Filipino and I, and that us having procured so many pairs of lady’s underwear had somehow caused great cognitive and moral dissonance in the mind of the Brazilian. With us all still in possession of the desired number of eye balls, the Filipino agreed to be more discreet with the array of panties he had about his person, and took them from his head. The Brazilian now seemed happy that our behaviour was more respectful and he slunk his way back to the prostitute we was with for the night.
We decided that we had done our best for the night, we were sure that we had touched the lives of those around us, and that those people would now be able to see the world a little differently.
My phone rang only a few hours later, it seemed like my attorney saw no sense in delaying the inevitable and that the common sense dictated that we were to pick up where we had barely left off a few hours ago. I had to admit that there was some form of logic to what he was proposing, perhaps more importantly I was in no state to argue reason with this man. He wasn’t waiting for me to reply to his suggestion, instead he’d seamlessly moved the conversation onto Imelda Marcos’s shoe collection. All I could do was agree to meet the fool in thirty minutes at the bar beside the hotel’s swimming pool.
We were refused alcohol on the basis that it was still only 9 in the morning. The set back was simply too much for the to endure, at first the Filipino didn’t take the news with good grace and as he stood on the bar stool he ranted incoherently about fascism, liberty and the licensing laws. With the nuances of his argument going largely unheeded, he climbed down asked where the nearest toilet was, then he went to straighten himself out. For the next ten minutes I lived in fear, I had no idea what would be coming back out to meet me. One thing was clear though, we were both nearing the frontier where reason and decency gave way to sustained periods of introspection and inevitable self loathing. This thing needed to be turned around quickly or it would end up as one of those stories you read about in the Bangkok Post, “Dead Expats Found in Bangkok Hotel Room – choked to death by under a mountain of cheap lingerie.”
I waited, and after half an hour I became worried, then paranoid, and then I felt the fear. What was that sick bastard doing in there? More Bangkok Post headlines ran through my paralyzed mind. I broke out in a conspicuous sweat, and without realizing it I was speaking out loud to myself. The next five minutes passed like hours, slowly I began to accept that I would have to go and investigate.
I let myself slip off the edge of the bar stool. The combination of toxins from last night, mixed with the heat, and now this situation, resulted in sweat cascading down my face. It was hard not to look suspicious under such circumstances, people looked at me in disgust and with contempt, this is how people normally look at me but I didn’t have the fortitude to deal with it this morning. I quickened my pace, almost running by the time I got to the toilet.
I pushed the door open and entered. It was quiet, I looked in all the stalls preparing myself to find him with his trousers round his ankles clutching his chest, but nothing. I was elated not to be dealing with a corpse right now, but then started to worry where he was, “he’s somebody else’s problem now” I thought. As I was about to leave the toilet I saw on a cubicle door, a sign that had been defaced. I will never know for sure if it was the Filipino (o.k that’s a little too dramatic I could just ask him), but it had the air of paranoia about it to suggest it was.
There he goes. One of God’s own prototypes. Some kind of high powered mutant that the Lord never even considered for mass production. Too weird to live, and too rare to die.
Now I’m of an age when the phrase “taking a selfie” required barricading yourself in your bedroom for ten minutes, with a certain type of magazine and a roll of toilet tissue. You can imagine my confusion when a few years ago I started to hear that people were “taking selfies” in public, with their friends and family. I don’t keep up with a lot of what happens in society, but this seemed to me to represent a very liberal shift in how society viewed “taking a selfie”. My misunderstanding of the paradigm shift that the term “taking a selfie” had taken became apparent to me when my wife and her parents and I visited a temple, we laugh about it now and explain it away as cultural differences, luckily my wife is from Thailand. Whilst I realize now that my faux pas was the result of a misunderstanding any of us could have made, there have been a couple of instances recently of people “taking a selfie” at times, in places, where it has been considered inappropriate to do so. After doing some wildly incoherent searching on the net I found what I felt to be the best of the best, or the worst of the worst, depending on how you wish to look at it. These will leave you asking “just where does our society go from here?” These people’s actions actually make me feel better about my indiscretion in the temple.