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#D12 Gulf Port 7 Interview: Questions Still Unanswered About Austin Police Infiltration

9:56 am in Uncategorized by Kit OConnell

A bearded undercover 'Butch' stands behind Natalie, whose mouth is taped at an NDAA protest.

Undercover APD Detective Shannon 'Butch' Dowell stands next to Natalie Atwater, a member of Occupy Austin facing felony charges in Houston because of using his lockboxes. (Photo: John Jack Anderson / Austin Chronicle, used with permission).

For more FDL coverage of the Gulf Port 7 case see Undercover Austin Detective Enables Houston Felonies and Judge Joan Campbell Is Not Amused.

Since I broke the story of Austin Police infiltration and provocation at Occupy Austin on Firedoglake, the story has become international news. To review, Austin Police Narcotics Detective Shannon G Dowell, along with two other still unidentified undercover agents, infiltrated Occupy Austin under orders that reach all the way to Chief Art Acevedo. While undercover, Dowell (known to activists ‘Butch’) built and delivered lockbox devices (a.k.a. sleeping dragons) to activists to use at the Houston Port Shutdown, resulting in 7 activists facing state felony charges.

Monday I was interviewed by Marlo Blue of 90.1 KPFT, Houston’s Pacifica station. Below is a transcript, but you can also listen here. The interview begins at 1:55.

Marlo Blue, KPFT: The Occupy effort seems quiet these days but controversy continues to swirl around the group’s efforts and that of some of its members, also officers who allegedly infiltrated that camp. Well, back in December of last year, groups of Occupy members from Austin, Dallas and Houston took part in the National Port Shutdown Day of Action.

Seven activists blocked the main entrance into the Port of Houston by laying in the road and linking arms inside lockboxes (also known as sleeping dragons) which physically linked them together so that police [must] cut them apart. The use of these instruments resulted in these seven being charged with Unlawful Use Of A Criminal Instrument Or Device while others who merely linked arms and legs faced lesser misdemeanor charges.

One of those in attendance has followed the action through his blog and he joins us now. Kit O’Connell. Kit, thank you for joining us.

Kit O’Connell, myFDL Editor: Hi, thanks for having me.

KPFT: Your blog has quickly become one of my very favorites so I’m very pleased to have you on today.

Kit: Thank you!

KPFT: In your blog, you talk about how Austin undercover officers infiltrated this camp. What led you to suspect these officers or was it discovered after the arrests?

Kit: It was discovered after the arrests. Specifically, the arrests of course occurred on December 12 on the Port Shutdown Day. In the first days of February of 2012, the first inkling came in as an anonymous tip to Occupy Austin’s email saying specifically that a person a person who was known to us as Butch was an undercover officer. It didn’t give his full name so it took quite a bit of investigation to find him after that.

KPFT: Now your blog points to a key question in this incident: Why did undercover Austin Police Department Detective Shannon G Dowell provide material support for an activist protest that resulted in them being charged with a felony in Houston, Texas? Did you actually get an answer to that question?

Kit: We did not. It’s unclear to what degree the Austin Police Department knew about this. They’re admitting, even bragging about their use of undercover officers. The police chief has been talking on Twitter about how it kept the people safe to do this but they’re at the same time saying that they weren’t aware of Dowell buying the lockboxes. I find that hard to believe and I would still like some answers.

KPFT: And of course when the arrests took place, you know, in order I guess to keep everyone safe, they also droppped tents on the protesters to I guess to prevent other people from seeing the dangerous protesters inside or…?

Kit: I wish I had a good explanation for those tents. I was present when those went over people and it was one of the scariest moments of my life to see friends of mine vanish under an inflatable fire department tent.

KPFT: That must have been terrifying. I mean, because, you really don’t know what’s going to happen. There is no transparency when a big ‘ol tent is being dropped.

Kit: Exactly. And, I mean, there were no threats from the protesters. At that time, we were being corralled, even trampled Houston Police Department horses to be kept back, well back from the scene where they were, I guess, cutting the lockboxes apart under that tent.

KPFT: Now, you did mention at first of course, Austin Police Department Shannon G Dowell. Was he the only one who infiltrated the Occupy Austin group?

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The Crackdown on Chalk (#Chalkupy Austin)

12:53 pm in Uncategorized by Kit OConnell

“No reasonable person could think that writing with chalk could damage a sidewalk.” Ninth Circuit Court of Appeals (Mackinney v. Nielsen 69 F.3d 1002, 1995)

What’s happening in this country?

Two activists in handcuffs with State Troopers on the grounds of the Texas State Capitol.

Audrey Steiner and Corey Williams are processed on the grounds of the Texas State Capitol after being arrested for chalking a public sidewalk nearby (Photo: Kit O'Connell, all rights reserved).

I know this is a question we ask frequently on these pages. Every day, some new offense against basic freedoms comes to light, further shaking faith in the basic principles of our constitution. I thought I was jaded, but what happened in Austin last Thursday shook me — not just because chalk merits police response, but because of the intensity and overwhelming force being used to strike at one of the simplest, most transient forms of expression possible.

By now most of us have heard of the crack down on chalk which occurred in Los Angeles in July, when Occupy Los Angeles passed out chalk to a monthly Artwalk event and the gathering found itself under attack by violent riot police retaliation. Activists decided to pass out chalk at the Artwalk in the first place because of almost two dozen arrests for chalk in public places just in Los Angeles. Not a single one of these arrests has resulted in charges.

From an Occupy Los Angeles press release:

Participants of Occupy LA’s Chalk Walk wonder why the Los Angeles Police Department continues to arrest them for chalking when the City Attorney has declined to prosecute any of the chalking arrests.

One Occupier wonders, “If the so-called crime is not worth prosecuting, then is it worth making the chalk arrests in the first place?” and then adds, “LAPD harasses us with these arrests to intimidate us.”

Occupy activists say that LAPD had made nearly twenty arrests for chalking related to Occupy but has failed to make chalking arrests at non-occupy events including an event the Mayor handed out boxes of yellow chalk to be used on the “sidewalks,driveways, and any blank canvasses” including the streets of Sunset Blvd in traffic at night for a fundraiser for Lance Armstrong’s art campaign, “Hope Rides Again”, sponsored by Nike.

The crack down is not limited to Los Angeles, but appears to be occurring nationwide. Activists in Orlando recently won a lucrative lawsuit against the city for wrongful arrest in a chalk-related arrest of an Occupy Orlando member. Occupy New Orleans members fled from police during their chalkupy event. While the crackdown may be political in nature, not just activists are getting caught up in it — a mother in Richmond, Virginia faces 50 hours community service because her daughter chalked some rocks, and two teens in a Philadelphia suburb were ticketed for drawing a sea turtle and a whale in chalk. Which brings us to Austin, where two people were arrested Thursday and face uncertain charges for expressing their right to free speech.
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