
Judge Joan Campbell explains Brady disclosure to lawyers at Houston district court, September 6 2012 (Photo: John Jack Anderson, used with permission)
For more on the Gulf Port 7 and Austin Police Infiltration of Occupy Austin see Undercover Austin Officer Enabled Houston Felonies, Judge Campbell Is Not Amused, and Kit’s Gulf Port 7 Interview.
Austin Police coordinated felony arrests at the Gulf Port Shutdown with Houston Police through the fusion center known as Austin Regional Intelligence Center.
The pre-trial hearings for the Gulf Port 7 case continued on September 6, 2012; although the Austin Police Department presented the information Judge Joan Campbell requested at the previous hearing, most of it was done in camera – in private, where defense and accused activists could not access it. What was revealed is troubling — that APD coordinated the day’s actions with Houston police through the local Texas fusion center, known as Austin Regional Intelligence Center. This, of course, raises the question of to what degree federal authorities were involved in the entrapment of Occupy activists; I personally witnessed Department of Homeland Security vehicles on the ground at the Occupy Houston encampment on December 12, in addition to photographing men in unknown military-like uniforms who were observing the port shutdown.
Further, it appears that officials involved may have made a decision to withhold information that was requested by Ronnie Garza’s defense attorney. This is in direct violation of Brady disclosure. Campbell’s frustration with the behavior of the state is clear in court transcripts, as she gives lawyers a lesson in this essential aspect of criminal law:
Here’s the thing, y’all – under Brady — y’all can’t make that decision. Y’all need to scrupulously look through any information that you have. Always. Y’all cannot just rely on, it does not look like anything, that is not what you can do because clearly the result is an Austin police officer authorized … bought the things that made this a felony. That’s what happened. And so that information … is clearly Brady, can be a defense, may make, if this goes to trial, may make a jury find them not guilty and that type of information needs to be carefully passed down through the channels and y’all cannot under Brady make the decision.
The state has brought a Motion To Quash, asking that the names of undercover officers and related documents not be turned over to the defense. Campbell agreed to review the documents in camera and return near the end of September to make a ruling. But she took the time to underline the unusual nature of this case:
All right. I’m going to go through — going to reset for about two weeks, I’m gone next week and I’m going to go through this to see what is in response to your subpoena. But I guess I’m just floored after 29 years down here at the courthouse that we’re in this circumstance that that Austin police purchased the things that made this a felony as opposed to a misdemeanor. Undercover officers do a lot of things but they need to disclose what they do.
After the hearing, activists returned to Austin where they held a unique press conference: Ronnie Garza spoke to police while surrounded by activists wearing mock cardboard lockboxes designed to look like the ones used at the Port of Houston. After a lengthy interview by multiple mainstream media sources from both English and Spanish language stations, the paper lockbox wearing activists paraded across the street in the costumes while journalists filmed and photographed.
When the excitement died down, I took the opportunity to interview Garza about the hearing and asked several other Occupy members about their unanswered questions about police infiltration and suspected informants; you can see the results in the video at right. Two provocateurs, Dirk and Rick, are known to be Austin Police officers though their real names remain unknown. Also unidentified is a man named Trevor, who was witnessed pointing out specific occupiers to police on a night near Halloween when over 30 arrests were made. Another recurring figure of concern was the man known as Pops, a self-confessed drug dealer who exerted considerable control over the Austin City Hall encampment during it’s almost 6 months of existence. Although he was seen by both city officials and occupiers selling joints on City Hall’s amphitheater steps, police ignored repeated complaints and he always seemed to know when to make himself scarce before their arrival.
I’ll continue to update you here on Firedoglake with further developments.

The 'lockbox' press conference at Austin Police Department HQ on September 6, 2012 (Photo: Kit O'Connell).



16 Comments

Thank you, Kit. I hope that everyone who reads this piece is as outraged as I am, because nothing short of outrage is going to make a dent.
Why am I not surprised by the Fusion Center participation…? Btw, Kit, has Garza filed FOIA requests from the FBI/DHS/etc…?
Every more than casual regular participant in OWS organizational activity and particularly those proposing controversial actions must be asked to show official ID and allow themselves to be clearly photographed in high resolution by the group on the express condition that should they later turn out to be police undercover or informants that information will be put out on the internet for all to see. It might deter a few from participation that aren’t LE but that would still be better than allowing anonymous infiltration by agents provocateurs. Obviously the group custodian of this data must be someone known by the group to be above any suspicion.
I’m pretty confident that this would deter LE from infiltration into the core groups. Like vampires, sunshine undoes them.
I think we’re waiting till the pre-trial discovery phase settles to unleash the FOIA hounds, but I definitely think it’s on the way. Ronnie’s lawyer is top notch — NLG member and used to be Texas ACLU presient — so I’m sure it’s in his playbook too.
This is an intereting idea, though I am not sure it’s practical (the ID part in particular).
When Tim Pool came to lecture us about livestreaming, he made an interesting comment — to him the ultimate Occupy action is one where you could write up a complete description, hand it to the police chief, and he looks at it and goes ‘shit I can’t do anything about this…’
Kit, i hope i’m not being too critical but i think that OA has failed it’s members with it’s lax security. Infiltrators are not a new problem and with todays internet tools vetting people is not that difficult.
I understand that asking people to identify themselves may offend some but people’s freedom is at risk here and your group and others have left some in prison which is a huge failure.
There is no plan that you can hand to the cops that they won’t twist around to use against you.
Some Occupy groups have done a better job of weeding out infiltrators but those that haven’t have allowed some of their member’s lives to be destroyed. I believe that many people have been frightened away from the Movement because of these security failures.
I think that now is about the time that the Justice Department has a talk with one of Judge Joan’s bosses and says that she need not be digging into the facts any more than the Austin PD wants.
Two thoughts immediately come to mind here; Judge Cambell illustrates that, sometimes, our judicial system actually works, and,secondly, Occupy must be working, and scaring those in charge if we see such tactics as these used by the police.
Not that infiltrators and such are so different from the demonstrations of the sixties and seventies. We who were involved in the antiwar protests across this land came to be very conscious of newcomers who loudly called for violent tactics. Occupy must learn the same lesson immediately.
It was revealed, after the riot police attacked the Occupy demonstrators in Oakland last year, that the DHS was coordinating the response to the Occupy movement, nationwide.
Don’t worry, it’s all designed to protect the public./s
Trouble with that, wayoutwest, is that cops could have fake ID’s provided for them, no? I mean…given that this is all WAR as far as they’re concerned.
At least Judge Campbell seems to be aware of the laws, and maybe even of…justice.
Book Salon up with Chris Hedges’s Days of Destruction Days of Revolt hosted by Wade Rathke
If people can spy on you with high tech equipment and then pretend to know what you are doing and saying, what’s to stop them from making stuff up to serve themselves for whatever reason?
Before, there had to be facts, witnesses, etc. Now, all “they” have to do is say they spied on you and this is what you were doing, then using their authority and their Godlike extraordinary vantage to be unquestioned they can do to people whatever they want. I’m not saying they are, but they have built a system that has this built in. So therefore, there is no reason to believe they won’t.
This is scary as hell.
If you want watch something interesting about these centers find Jesse Venture u-tube on this. Yes that Jesse but believe it’s really telling about whos in charge.
link?
The whole page
http://www.youtube.com/results?search_query=jesse+venture+fusion+centers&oq=jesse+venture+fusion+centers&gs_l=youtube.12…3233.13415.0.16151.28.24.0.0.0.0.0.0..0.0…0.0…1ac.1
.
The below one is the one I watched covers fema camp you just have tpo get past jesse and it’s very telling
http://www.youtube.com/watch?v=6Dys3xE2Bnk
Now I need to open some cheap red wine, enjoy
This same kind of local police/Federal police collusion through the Fusion center is happening here in Phoenix, too. They just used it to shut down a fundraiser for the Protect the Peaks activism that is going on in Flagstaff.
http://firesneverextinguished.blogspot.com/2012/09/tempe-police-and-arizona-anti-terror.html