By the Book of Bubba Justice hits a few snags in Key West

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Charles EimersCharles Eimers CBS

Charles Eimers drove down to Key West hoping to retire and was retired the day after he arrived – last Thanksgiving Day – by the KWPD 

Charles Eimer's take down

Charles Eimers smothered

Key West the Newspaper – www.thebluepaper.com – editorial “cartoons” on the killing of Charles Eimers by KWPD, and the cover up

In today’s Citizen’s Voice – www.keysnews.com:

“I wish that Mr. Charles Eimers would have just stayed put and not fled, turning a simple traffic stop into a felony pursuit. It’s going to cost the city millions whatever the outcome, and that is unfortunate for those of us who live here because in the end we will all foot the bill because this guy could not or would not follow simple instructions. If he would have done what he was asked, I am sure he would not have even got a ticket just a warning to drive safely.”

I imagine Eimers, his family, the KWPD, the Mayor and the City Commissioners, and everyone in Key West wish that, too.

I published a few times at www.goodmorningkeywest.com, that it makes no sense that Eimers left the scene, unless he was high on something, or there is more to that story, which the arresting police officer has not told. A No Name Key amiga called me just this morning voicing much the same opinion. As have other friends down here and on the mainland voiced that opinion.

A person in Key West, whom I have known a good while, who sometimes sends me police conduct unbecoming stories, recently sent me a conduct unbecoming story, in which he was the victim, which he thought, as did I on reading his email, might explain what caused Eimers to leave the scene without his drivers license. I then called the Eimers family attorney, David Paul Horan, and told him what I had received, and that I would email it to him, because I thought he and his law firm were the only people who actually could check out what was sent to me, without jeopardizing the lawsuit they had filed in federal court for the Eimers family against the the city and 13 of its police officers.

“Glad the KWPD is finally being put in the spot light. Maybe this will stop them (or at least slow down) from abusing their power.”

You might not want to hold your breath – I am hearing on the street that cops who habitually have abused their power (not all local cops, some get high marks) are still at it, even more at it, since the Eimers case was broken by Key West the Newspaper – www.thebluepaper.com.

Here is a link – CBS: “DEATH IN PARADISE” - to the most recent blue paper article on the Eimers case, which contains a bystander’s cell phone video, which destroyed the KWPD’s story of what happened, and which contains links to all prior blue paper articles on the Eimers case, for all of which investigation and reporting, the blue paper should get a Pulitzer.

NajaArnaud Girard

Naja and Arnaud Giarad, Publishers/Editors of the blue paper

There is a pretty darn good (kick-ass) Charles Eimers case Editorial in today’s Citizen – www.keynews.com, my interjected thoughts in bold italics, I added the pic.

protect and serve 2

Sunday, June 1, 2014

Justice when delayed is justice that’s denied

Justice delayed is justice denied. That axiom and the idea it conveys is a cornerstone to our faith in the legal system and authority in general.

Quick and thorough investigation and administration of justice is a large part of what gives us confidence in our government and way of life. Unfortunately, a now, not-so-recent incident and the egregious delay in its resolution threatens to undo years of credibility established by local law enforcement.

The incident we are talking about is the death while in police custody of Charles Eimers. To remind everyone, Eimers died under very questionable circumstances over six months ago on the morning of Thanksgiving Day.

According to somewhat conflicting police reports, Eimers either was combative with police who had to restrain him and drag him from his car, or as was told to paramedics, he dropped suddenly while running away from police. Either of these scenarios may seem plausible if not for a pesky video that turned up which seems to totally refute the statements made by police.

We have to wonder out loud if anyone would have ever heard the name Charles Eimers if not for that video.

The video shows Eimers leaving his car totally on his own, then casually walking along the beach. After being approached by police, Eimers clearly lies face down on the sand as directed. The police then “subdue” Eimers. The video ends soon after, and unfortunately so does Eimers’ life, at least life as we know it. Eimers would later die in the hospital, never having regained consciousness.

To this day we know very little more than we knew the few days after the incident was first brought to the public’s attention. The few things we do know don’t exactly make us feel like justice is on a fast track.

We know the police terribly bungled the notification of Eimers’ family. We know that instead of being sent to the medical examiner for an autopsy as is the law, the body was sent for cremation. We know all the medical samples taken by the hospital upon the arrival of Eimers were “mistakenly” destroyed.

Unfortunately, we don’t know much else.

13 police officers did not question citizen witnesses at South Beach, and apparently threatened citizen witnesses there.

instead of interviewing them and taking their statements as required by KWPD and law enforcement procedures.

Thanks also to Key West the Newspaper – www.keysnews.com – we also know Eimers was profiled as living in his car (being homeless) by the first police officer, and a friend of one of the cops on top of Eimers on the beach gave a statement that his cop friend had boasted about elbowing the bum in the back of the head (while he was face-down on the sand, kicking and squirming because he could not breathe); and we know the Florida Department of Law Enforcement (FDLE) special agent investigating the Eimers case is the ex-wife and mother of the child of the Key West police captain in charge of the officers involved in Eimers’ death, and their ensuing cover up.

We have watched as CBS news did a piece on the story which didn’t cast a good light on the city or its police department. City officials responded with opinions that the story was one sided, but what should they expect six months after the tragedy, and considering we are still without any real answers?

The CBS story was one-side in favor of the city because of what CBS left out of the story, starting with Eimers was profiled by the cops as being homeless, and one of the cops boasted about elbowing the bum in the back of the head.

Eimers’ family has retained an attorney and a lawsuit has been filed, something totally understandable given the circumstances. Possibly due to the lawsuit, our elected officials and those within city government are now seemingly closing ranks, afraid to say anything which might be used against the city in the legal row to come.

This is most unfortunate as it is our elected leaders who should be screaming the loudest for some kind of resolution, or might we add justice.

As should be screaming city voters and candidates running against those elected officials this year, of whom there are but two: mayor candidates Margaret Romero and me. Romero has been quiet as a mouse about the Eimers case, even as she has freely and often criticized the elected city officials at City Commission meetings. I told the elected city officials at two different City Commission meetings that Charles Eimers died because their police profiled him as being homeless, and because of the city’s policy for its police to make homeless people miserable, in hope of causing them to leave the area. Many times I called the elected city officials out on the Eimers case in posts at www.goodmorningkeywest.com, and in reader comments under Key West the Newspaper articles on the Eimers case.

The Citizen Review Board has talked about looking into the case but so far has decided to wait like everyone else for the FDLE to complete its investigation. It will be curious to see just how long the CRB feels it is prudent to wait before getting involved. We feel the CRB members need to ask themselves just how long is too long to wait. Justice is supposed to be what this group is all about, isn’t it?

I told the CRB maybe two months ago to wait on FDLE’s report to come out – but that was before Key West the Newspaper dropped yet another bunker buster in the Eimers case, which was the FDLE special agent investigator is the ex-wife and mother of the KWPD Captain under whom the 13 now sued KWPD officers all worked, and FDLE has a rule that its investigators cannot investigate people with whom they have, or have had, a close personal relationship. That bunker buster, coupled with the baffling delay in FDLE interviewing civilian witnesses, whose names were provided to FDLE by Key West the Newspaper, among others, was a heads up to the CRB. My impression of the CRB, during three of its meetings I attended in the past few months, is the CRB does not like doing what it was created to do, if that will really rock the KWPD boat; and the CRB does not like launching its own investigations under any circumstances. Comments by some CRB members about the Eimers case were focused on the use of prone (face-down) restraint not being a good police practice on a beach. My impression was, those CRB members were setting the stage for the CRB to use poor training to exonerate the KW police officers, who were on top of Eimers at the beach. 

One of the reasons used by the police chief in defending the delay is the city’s contract with the police union, as well as a state law nicknamed the “policeman’s bill of rights.” On the first part, we feel that if the union contract prohibits justice from being sought, then we need a new union contract!

You need a new police chief, and a new mayor and new city commissioners. The police chief should have put all 13 of those police officers on administrative leave pending the outcome of the FDLE investigation and the ensuing Internal Affairs Investigation. The mayor and city commissioners should have raised bloody hell about what happened to Charles Eimers and the ensuing cover up.

As to the “policeman’s bill of rights,” we fully understand and support the hardworking men and women who keep us safe and put their safety on the line. That said, their rights should be no more nor any less than the average citizen when it comes to justice. There should be no double standard. Unfortunately, at least so far, that is exactly what appears to be happening.

Police officers take an oath to obey and enforce the laws of the land, and to protect and serve the public. That oath supersedes protecting and serving police officers’ conduct unbecoming.

Charles Elmers’ family deserves to know exactly what happened that fateful day. If it turns out that anyone involved did something wrong either during the arrest or in the events which followed, then that person, or persons, need to be held fully accountable. Anything less and we feel the credibility of our local law enforcement and our city will be irreparably tarnished.

The credibility of Key West law enforcement, and of the city itself, already is irrevocably tarnished by the Eimers case. The stalling by and silence of the elected city official is adding more tarnish. During citizen closing comments at the City Commission meeting the night before the CBS report aired on national and international television, I told Mayor Craig Cates and five of the city commissioners, Jimmy Weekley was away on vacation, that they had shown no public remorse and had made no public apology to the Eimers family, which was outrageous, unconscionable, and I thought they should resign. The day after CBS’s report ran, Mayor Cates was quoted in the Citizen as saying the CBS report was one-sided, and he and the city commissioners and the city were going by the book in the Eimers case. The Book of Bubba Justice.

bubba justice

Moving slightly laterally,

In today’s Citizen is s campaign ad for Margaret Romero, which I was unable to copy and paste into this post. The ad is this color photo of,

Margaret Romero

with a ghostly likeness of her father in the background, beside which is written:

Who’s the man behind Margaret?
….. Her Dad …..
John J. Romero III
1925-1986
The man who taught her Integrity,
Character, and Courage to Persevere to do
the right things for the right reasons.
Margaret Romero for Mayor The Voice of Reason
Paid for by Margaret Romero for Mayor

I ain’t heard a peep of rightness, reason or integrity out of Margaret about the Charles Eimers case.

I imagine the campaign add is Margaret’s counter to this recent editorial cartoon in the Key West Citizen:

Tony's puppet

The puppeteer is Key West City Commissioner Tony Yaniz,

Tony Yaniz

who campaigned heavily for Margaret in the previous mayoral, against incumbent Craig Cates.

Mayor Cates

Yaniz also campaigned heavily that year against Craig’s wife Cheryl,

Cheryl Cates

who ran for a seat on the local electric company board. After Cheryl lost in the primary to two men candidates, she countered with she was still Key West’s first lady. Margaret and Craig were the only two mayor candidates. Craig got about 55 percent of the votes cast, Margaret got the rest. Locally, it was considered a near upset.

It is no secret down here that Tony doesn’t like Craig and wants him out of office. It also is no secret down here that Tony wants to be mayor, but he kinda made some big messes of things last year and earlier this year, which did not enhance his political standing down here. Then, after a number of threats to run for mayor this year, and after a number of challenges from Mayor Cates and others to either put up or shut up, Tony did neither. Then, Margaret filed to run for mayor, again, her third try. That made her the third candidate, I had filed to run some time prior. My fourth time running for mayor, the other times were 2003, 2007 and 2009.

Nobody down here sees me laying low, ducking tough issues. Not this year. Not before this year. Can’t say the same for Craig and Margaret, who are Bubba and Bubbette Conchs – meaning, they were born in Key West. I told my sentiments about politicians and campaigning in yesterday’s lipstick on a pig heaven – Key West post at www.goodmorningkeywest.com.

Sloan at HH

Sloan Bashinsky

keysmyhome@hotmail.com

Political advertisement paid for and approved by Sloan Bashinsky, for Mayor of Key West

Up the political food chain postscript, my oldest first Bashinsky cousin Leo sent yesterday:

Leo Bashinsky

Ode to Edward Snowden

He loves his country

But he values the truth more

Truth needs no country

Later yesterday, this showed up in my Facebook account:

Snowden on right and legal

Free and Equal with Love Hikel and 2 others
What do you think? Leave your opinion below.

Like · · Share
Michael Shields and 10 others like this.

Amazon Rainbow my hero
18 hours ago · Like

Dawn Marie Johnson Yes!
18 hours ago · Like

Morna Crites-Moore The reporters he gave the info to got Pulitzer Prize, he got to go into exile. Doesn’t seem right.
17 hours ago · Like

Patrick Easterling That or the CIA is rather clever.
17 hours ago · Like

Sloan Bashinsky Is that true, about the journalist getting a Pulitzer? I thought Snowden should have gotten the Medal of Honor. Were I President Obama, on learning what Snowden had done and his stated reasons for doing it, I would have convened a media conference and told the journalists to broadcast in any and all ways at their disposal that I will conditionally pardon Snowden, if he comes back to the States and works for me, as my watchdog snoop over NSA, FBI and CIA. He will be paid the same salary and benefits he received when he worked for NSA. He will work directly for me for so long as I am US President, and upon my leaving office his pardon will become permanent.
I am bumped off before Snowden can take me up on my offer
16 hours ago · Like · 1

Kirtan Ron The three levels of government have changed since he as enlightened then in what is correct…”SNOWDEN for President”

 

About Sloan

Darn, that would take a while. Try the autobiographical pages in the header. Ditto for header menu pages at www.goodmorningbirmingham.com. Hatched and raised there, eventually I ran away from home. Here's a short list: Born 1942; male; single; accused of all sorts of imaginable and unimaginable things, perhaps some true. Live on Key West of Weird asteroid. Publish something most days on this website, been at that since July 2007. That's heaps of catch-up reading, probably not recommended.
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