November 15th, 2013

Boston PD Folds After Doubling-Down; Withdraws Felony Complaint Against PINAC 181

By Carlos Miller

 Boston_Police_patch

The Boston Police Department agreed to withdraw the felony complaints against myself and PINAC associate Taylor Hardy on the condition that readers stop flooding their phone lines with calls demanding that they withdraw the complaints.

As if I would have any say in that.

But to paraphrase my attorney: Please. Stop. Calling. They get the message.

In other words, we did it. We won. We took their intimidation tactics and threw them right back in their face. Multiple times on multiple lines despite the threat of multiple crimes they threatened to charge us with.

We showed them the power of the people. The force of the First Amendment. The clout that can be created after a quick call to action that enabled us to raise $4,200 in 36 hours to retain one of the most experienced attorneys in Boston.

This is what attorney David Duncan had to say:

“I am happy we were able to resolve this to Carlos’ and Taylor’s satisfaction, with criminal charge applications dropped by BPD, so that Carlos and Taylor can continue their work fighting for lawfulness, openness and transparency in police work across the country. Going forward they will not let up on their vigorous defense of citizen freedom.  They understand that the law in Massachusetts is that they have to tell people if they are recording a conversation, and they have assured BPD that they will always announce that they are recording when asking for recorded comments, which has always been their practice.”

Read the official statement from police at the bottom of this article.

Besides their pleas that we stop calling, they also requested that Hardy remove the video from Youtube that led to the felony complaints against us; a 30-second recorded conversation between himself and spokeswoman Angelene Richardson where he was seeking comment on another video that was going viral.

But Hardy had already removed the video because it contained absolutely no journalistic substance.

Police also asked that Hardy and anybody else associated with PINAC to inform police if they are recording them during a telephone conversation, but that is something we’ve always done.

The only reason Hardy did not do so this time was because of a technical mishap. He was using his iPad to record, but in the seconds before he informed her, he had clicked on the Safari app to bring up my story, which caused the recorder to turn off.

They also asked that I remove the phone number to Detective Nick Moore from the article in which I cut and pasted his email to me, posted below, because he was also getting slammed with phone calls.

So I agreed to remove it, even though I left his email in the article, because it reveals just how disingenuous police officers can be.

Mr. Miller,
Can you please contact me at your convenience at my office, xxx-xxx-xxxx. I realize that you do not trust the police and that is fine but I assure you I am not trying to jam you up. I just wish to have a cordial conversation with you and clear the air about a few things. Please do not post my office number or email to your website as I have numerous victims of serious crimes who contact me on a daily basis and It would not be fair to them or me if my voicemail box is full and they cannot get ahold of me.
My supervisors and the District Attorney’s office are aware of this request but I assure you that the conversation will just be me and you, not recorded, and again, Im not trying trap you into anything incriminating. As I relayed to Mr. Hardy I try to give everyone involved in my investigations the benefit of the doubt and speaking with you about this hopefully will accomplish that. Thank you.
Detective Moore
Boston Police Department

Perhaps it was naive of me, but when I received the email, I called him immediately because I wanted to do what I could to help resolve the situation with Hardy, who had received a complaint of felony wiretapping.

It wasn’t until several minutes into our conversation after I had apparently admitted to posting the statement below, that he informed me I would be facing a complaint of witness intimidation.

I have no regrets because I always stand by what I write, but it did put me into an inconvenient situation where I was suddenly facing ten years in prison.

During that conversation, Moore acknowledged that the call floods to Richardson were getting annoying, so he was hoping to put a stop to them by not only filing a complaint against me for witness intimidation, but threatening to do the same to anybody else if they continued to call her.

But that plan backfired on him.

PINAC readers not only continued to call Richardson’s line, but Moore’s line as well. Day in and day out. Hour after hour. Minute after minute.

And that was only part of their problem.

The other problem were the editorials, articles and statements from news sites, journalism organizations and law blogs that not only criticized the Boston Police Department for its intimidating tactics, but further spread the phone numbers to new readers, who wasted no time in calling.

It got to the point that as soon as you mentioned the word, “blogger,” you were immediately told to email them, then hung up on, as you can see on the comment below from Popehat.

 Popehat Comment

And further increasing their problems was the introduction of a high-profile lawyer from one of Boston’s most prestigious law firms, who gave us a discounted rate because of our connection to the Digital Media Law Project.

But that still meant shelling $2,000 up front, which was more than three times the amount of what other attorneys were charging.

But it was money well spent.

Only hours after we had retained Duncan, he received a call from a police attorney asking to mediate, which is why Thursday’s hearing was postponed.

And as the attorneys mediated, the call floods continued, and the media exposure increased.

And there was pretty much nothing left for them to do but to lay their fiddle down because they knew they had been beat.

It’s been a stressful two weeks to say the least. They came at us strong and stupid, but we came back at them stronger and smarter, building up several fronts, thanks to the vast network of supporters we have.

We were prepared to go the distance. And we had several strategies in place depending on their next move. It didn’t take long for them to realize they had seriously underestimated us.

I can’t thank you guys enough for donating as much as you did on such a short notice. And for making those calls. And for spreading the stories. And for launching and signing that petition. And for calling the media.

And a big thanks to our network up in Boston, including the Digital Media Law Project for hooking us up with Duncan as well as Paul Weiskel and Antonio Buehler who were ready to photograph and live stream the hearing on Friday if the complaint did not get withdrawn as well as those of you who offered us a place to stay if we ended up flying up there as well as those of you who were ready to begin making public records requests within the police department if the case proceeded to trial.

This was, without a doubt, a community effort. But it had to be done because they were trying to create a chilling effect on free speech towards government accountability, which would have affected us all.

I plan to reinvest the remaining $2,200 in PINAC, perhaps in technical and design upgrades, merchandising, Jeff Gray’s still pending case against the Brevard County Sheriff’s Office or maybe just hold on to it until the next legal issue considering we are now prime targets for police agencies throughout the country.

But hopefully they will think twice before picking a fight because we not only get smarter after each victory, we get more organized.

PINAC may have started out as a scrappy one-man blog from Miami on a mission to beat a single court case, but there are now several of us onboard, each of us unafraid to step into the ring if we must. And we have a huge support network that expands all corners of this country and beyond willing to go the distance with us.

Hardy, a 25-year-old journalism student, who has learned more from this experience than he has in any of his classes, had the following to say:

The possibility of facing  15 combined years in prison, in another  state that you have never been to, and have no idea how the system works, was the most alarming factor in this case. I want to thank ALL of you, because If not for your support, calls, emails(petitioning the government) and donations, we would not have been able to beat them at their own game. I also want to thank our attorney, David Duncan, who worked as our point of contact in Boston mediating the case and working with Carlos (which we know is hard :)). It may not be a win in court of law, but at least it’s a win in our eyes.  As I step deeper into the world of government transparency, I know I have to take measures to ensure these types of tactics can’t be used against us again.  #PINACSTRONG

 

Letter to Attorney Duncan


Send stories, tips and videos to Carlos Miller.
  • MarkKalan

    Good news. God forbid they would admit that they were legally and morally WRONG.

    • Difdi

      That’s the problem with these sorts of things. The standard practice is to not admit any wrongdoing. But the point of a civil rights lawsuit or protest, unless you’re a cynic or just in it for the money, is to make them admit they were wrong so they change their behavior.

      As long as they can get away with it without admitting wrongdoing, as long as they can pay other people’s money to make the problem go away, as long as they are not held criminally liable for the crimes they commit, the problem will never be solved.

      • MarkKalan

        About 25 years ago the American Motorcyclist Assn. took on a lawsuit against a Sheriff down south who set up roadblocks and corralled about 200 motorcyclists including a local judge and a few lawyers. Even the FBI was called in and their supervisors were so disgusted the FBI left. The sheriff deputies recorded IDs, motorcycle registrations and photographed tattoos and distinguishing marks. I don’t think anyone was arrested. The cops said that there was “intelligence” that there was going to be a riot from an opposing motorcycle “gang.” Meanwhile the ride was to raise money for a local charity and as you know they were all old farts. The AMA/bikers settled for admission of wrongdoing and $1. Pissed me off. They should have had to pay each biker $10,000 who each would have donated it to the charity.

      • MarkKalan

        About 25 years ago the American Motorcyclist Assn. took on a lawsuit against a Sheriff down south who set up roadblocks and corralled about 200 motorcyclists including a local judge and a few lawyers. Even the FBI was called in and their supervisors were so disgusted the FBI left. The sheriff deputies recorded IDs, motorcycle registrations and photographed tattoos and distinguishing marks. I don’t think anyone was arrested. The cops said that there was “intelligence” that there was going to be a riot from an opposing motorcycle “gang.” Meanwhile the ride was to raise money for a local charity and as you know they were all old farts. The AMA/bikers settled for admission of wrongdoing and $1. Pissed me off. They should have had to pay each biker $10,000 who each would have donated it to the charity.

      • Proud Grandpa

        The fact that they merely withdrew charges does not correct bad policy. I agree with your observation that they did not admit wrong.
        .
        Another angry cop could do this again, but maybe his skills would be smoother and he’d get away with it. What would have been more helpful would have been a change in BPD policy. Still this is a victory of sorts.

        • inquisitor

          They won’t change their behavior even if one should win a lawsuit.
          The money paid out comes from taxpayers and not their personal accounts.
          Departments nationwide are getting their cues on how to treat the public through DHS…that is the policy.

          • Proud Grandpa

            Well there is a way to make them comply. It worked for us with religous liberty. The same tactic will work for photog rights.
            .
            The purpose of the lawsuit is to get court-ordered compliance and cout-ordered officer training. The PD and city are then under court order to comply. Should an officer fail to respect our rights, then an entire avalance of expensive federal events happen… including triple punitive damages and even the arrest of the officials who failed to properly train their staff. It has happend before with other civil rights issues.
            .
            This works in federal court. It will work again if Carlos sues the BPD now.

    • Difdi

      That’s the problem with these sorts of things. The standard practice is to not admit any wrongdoing. But the point of a civil rights lawsuit or protest, unless you’re a cynic or just in it for the money, is to make them admit they were wrong so they change their behavior.

      As long as they can get away with it without admitting wrongdoing, as long as they can pay other people’s money to make the problem go away, as long as they are not held criminally liable for the crimes they commit, the problem will never be solved.

    • inquisitor

      Right, they make it look like as long as their demands for resolution are met, then your likelihood of ending up in their gulag is diminished.

    • inquisitor

      Right, they make it look like as long as their demands for resolution are met, then your likelihood of ending up in their gulag is diminished.

  • Difster

    PINAC FOR THE WIN!

  • sickntired

    congrats, this is very good news..

    • TimSto

      A crime is a crime! How can BPD just negotiate away a crime? Hmmmmm………me thinks there never was a crime in the first place!
      Carlos, all the way behind you, but you still took the ride! $2000 for nothing.

      • inquisitor

        Once you lawyer up, then they begin to take you and the situation a bit more seriously, especially when their legal department tells them they are going to take in the ass because the case isn’t big enough for them to bribe the judge.

      • Difdi

        But there was a crime: Extortion. When a police officer uses a threat of criminal charges to compel someone to do something they don’t want to do, such as stop exercising a constitutional right, that officer commits a felony punishable by 15 years in state prison.

        • io-io

          I would think that we would want to assist with the suppression of crime in Boston by probably turning the Staff Attorney for the Boston Police into the State Attorney General’s office for Extortion. Also, we can’t forget the color of law, and that would go to the Department of Justice/FBI.

          Also, given that it was a lawyer who violated the law, I would think that the State Bar Association would be interest in possibly pulling her law license.

          Just want to make Boston a safer place for everyone.

          Ignorance of the law apparently is just for application to the great unwashed masses.

      • disqus_ZBXJDbYJHe

        We let corporation pay fines but at the same time, they do not say that they are guilty for commiting crimes plus having the court records sealed so people don’t know what happen

  • Somee Guie

    This one’s for you BPD:

  • James Morgan

    They CAVED?.. OUTSTANDING!>> Maybe I should lay down a bet for the Cubs to take the pennant next year. Their normal procedure to to keep uping the Antie. Getting them to do the right thing at Boston’s City Hall is about as easy as driving down Sturrow Drive without hitting a traffic jam after a Red Sox Game.
    Now go teach those Brevard County Deputies the meaning of “Freedom of the Press”.

  • Ian Battles

    Guess their superiors weren’t happy at the thought of shelling out ANOTHER $170,000 for Civil Rights violations…

    • Phred

      The supervisors wouldn’t shell out a penny and neither would any of the BPD thugs. It would come from taxpayers.

      • Ian Battles

        So who can I get to pay the fine when I do something wrong?

        How come I’m responsible for what MY body/person does but a cop isn’t?

        It’s pretty sad that the taxpayers become the “whipping boy” for the police when the police fuck up.

      • SlimJim

        Actually, in a federal civil rights suit under 18 U.S.C. 242 the officers do not retain qualified immunity. They would be on the hook personally if they did not prevail. This is a good example to read about. It will make you feel good too.

        http://www.firerescue1.com/firefighter-safety/articles/350877-Fire-captain-arrested-for-apparatus-placement-awarded-17-500-in-Mo/

        18 U.S.C. 241 would cover the supervisors, administration and elected officials if there is a systemic patern that would rise to the level of conspiracy against rights (http://www.law.cornell.edu/uscode/text/18/241). While both 241 and 242 are criminal, their civil ramification remain. 241 also ends their qualified immunity.

  • Phred

    On the condition that PINAC readers stop calling? Really? How can the BPD hold Carlos accountable for a phone call made by others?

    Congrats, Carlos. Keep up the good work.

    • Difdi

      I noticed that too. If people Carlos has no control over obey Carlos, they’ll drop the charges? If Carlos and others stop exercising their right to petition the government for redress of grievances, they’ll drop the charges?

      I think Boston PD is still considering PINAC to be some sort of mafia racket, they’re just sick of getting their dirty laundry aired out. Can we call you Don Carlos? =P

    • Difdi

      I noticed that too. If people Carlos has no control over obey Carlos, they’ll drop the charges? If Carlos and others stop exercising their right to petition the government for redress of grievances, they’ll drop the charges?

      I think Boston PD is still considering PINAC to be some sort of mafia racket, they’re just sick of getting their dirty laundry aired out. Can we call you Don Carlos? =P

    • Ron

      He did ask everyone to stop calling. That’s all he can do.

      Leash the hounds.

    • whatever

      Call and ask?

      • http://picasaweb.google.com/kilroy238 Kilroy238

        Better yet just call and say thank you ;)

      • http://www.noneedforastinkingwebsite.com dow daytrader

        lol

    • Ian Battles

      Can you sue BPD to recover legal fees that you spent preparing to defend yourself against these bogus charges?

  • matism

    Congratulations on the successful resolution. Now you only need to hope they haven’t had discussions with your local “Law Enforcement” to set you up. Not that any Florida “Law Enforcement” would be corrupt enough to do any such thing, of course!

  • Film The Police Always

    You know what Carlos,…..FUCK THEM! The police are nothing more then an organized crime organization. They harass, beat-up and kill at will and in the past nothing ever happened. NOW, we are all armed with determination and cameras, and some are ARMED! Moore is still a fat bastard and that bitch ass who Moore enticed to file a complaint to go after you Carlos is nothing more then a COP WHORE! Fuck the entire organization that tramples on the same peoples rights that they are SUPPOSE to work for. Keep working to expose these corrupt departments and that comment is for everyone.

    • inquisitor

      How much you want to bet that Moore will be back on this site in the future?

    • inquisitor

      How much you want to bet that Moore will be back on this site in the future?

  • Fascist Slayer

    LMMFAO… What wont’ Fascist Amerika do to imprison and incarcerate its citizens. I’m guessing the largest prison population on earth just isn’t enough.

    Maybe the people in this story should have taken the situation to another level and gone to a foreign embassy and made a plea for asylum, preferably Russia, from what I hear it’s a good place these day’s for Americans seeking freedom. Get the FUCK out while you still can. If the U.S. want’s global order and global justice, then fucking give it to them.. Russian Style!! Ha!! Ha!!

    RUSSIA STRONG!!!

  • discarted

    Congrats, Carlos! But despite the Boston Police Department’s “negotiation terms”, the First Amendment gives me the right to criticize them as much as I want and for as long as I want. So I’m going to keep on criticizing the BPD until they charge the Boston cop who assaulted the videographer and threatened to arrest him on trumped up charges.

    • Carlos_Miller

      Yes, they only asked that I asked my readers to stop calling. I have no control after that.

      • inquisitor

        And one should have said a big and loud “FUCK YOU” to removing any names or phone numbers from articles, to removing any videos and to anyone stopping their phone calls to express their disapproval of the department.

      • inquisitor

        And one should have said a big and loud “FUCK YOU” to removing any names or phone numbers from articles, to removing any videos and to anyone stopping their phone calls to express their disapproval of the department.

      • Difdi

        And you never did have any control. That’s the thing about internet political participation that old school bureaucrats don’t get — We’re not a conspiracy or a movement or an organization. We’re a bunch of individuals deciding to act or not act entirely on our own.

        They scream about conspiracies, as we scratch our heads wondering who they think we’re conspiring with.

      • Difdi

        And you never did have any control. That’s the thing about internet political participation that old school bureaucrats don’t get — We’re not a conspiracy or a movement or an organization. We’re a bunch of individuals deciding to act or not act entirely on our own.

        They scream about conspiracies, as we scratch our heads wondering who they think we’re conspiring with.

      • BusPass

        What was that number again…*snicker.

        Just kidding….

      • jcfrmnj

        Like the Pied Piper ? LOL…….

    • Randys MarshmellowMan

      i don’t know any of you. I just hate bad cops. I expect them to do their jobs, even if i don’t live in that country.

      • H MAN

        Last year while visiting Boston from Florida with my wife, I
        was detained by a transit cop in the subway for filming the train coming into
        the station from the tunnel. My wife and I were dressed nicely and going out to
        dinner when this moronic prick approached me and told I cannot film a train
        lol. If we weren’t running late for our dinner reservation I would have stood
        my ground with the idiot. When I got back to Florida I called his superior
        numerous times to file a complaint. When I finally got the right person on the
        phone, he thought I was crazy. We really must reign in these lunatics in before
        they take over everything.

        • Herbert Napp

          Sponsored by the retards that brought lockdown to a city searching for a person they never found themselves. Mouth breathing liberty hating retards. All of them.

  • kylejack

    Well, public information offices are for public information. I’m a member of the public. If I am seeking information about Boston PD I think I ought to feel free to call their public information office, regardless of what your attorney and Boston PD agreed to.

  • Jim Abdu

    Thanks for everythng Carlos! They obviously didn’t know who they were messing with. You’re a true patriot and your efforts have thrust PINAC’s important issues and goals in the spotlight. Thanks for making a difference!

  • rick

    Imagine this:
    Detective Moore contacts Hardy and asks him to remove audio clip. Hardy realizes Richardson’s consent was not captured in recording and complies with request.
    Total elapsed time to conflict resolution, less than 24 hours.

    • Somee Guie

      That would require them to ‘speak to people’ or ‘have a conversation’ instead of barking orders.

    • Somee Guie

      That would require them to ‘speak to people’ or ‘have a conversation’ instead of barking orders.

    • Carlos_Miller

      Yep, fuck them. But don’t think this is over. We just needed to get past this little roadblock they put up.

      • Proud Grandpa

        Good. So this means there may be civil action approaching? Go for it.

  • General Injustice

    Very well done. As a supporter and contributor to your defense fund, I wouldn’t be upset if you channeled some of the cash to honor your oath. And maybe keep a little to pay the monthly internet bill.

    • Carlos_Miller

      His case may soon be coming to an end, we hope.

      • Jeffrey Marcus Gray

        I was hoping we could announce victories in both cases at the same time! BCSO is taking their sweet time.

      • Jeffrey Marcus Gray

        I was hoping we could announce victories in both cases at the same time! BCSO is taking their sweet time.

  • rick

    Hopefully PINAC is still requesting public records for all phone logs and recordings at the time of Hardy’s call.

    • Jim Miner

      THIS!!!

  • Tom Jankowski

    Epic win!

  • Ryan French

    Congrats Carlos and Taylor for the complaint being dropped!

    However, forgive me for viewing this as a bitter-sweet victory. It seems as BPD has also won in a way because they’re withholding legal action only if you and others surrender your constitutional right to petition.

    What they don’t understand is they’re still a government agency and are subject to public inquiry regardless of what deal they’ve made with you and your attorney. If they don’t like it, then tough turkey.

    They should know that you can’t be responsible if people continue to contact them. Many people might call for days not aware of the update because they saw the story on other outlets. Or many others, such as myself, may feel that they can’t reasonably or legally make such a deal.

    However, I find it hard to believe they’ll ever rekindle the complaint even if the contacts continue. I’d save your extra money and call them on their bluff. The department seems like it’s managed by a bunch of incompetent, arrogant children. They need to know who’s in charge here!

    • Film The Police Always

      These assholes actually think that they OWN THE PEOPLE!

      • SlimJim

        The hardest thing to free is a slave that doesn’t know he’s a slave.

    • Film The Police Always

      These assholes actually think that they OWN THE PEOPLE!

    • Carlos_Miller

      It was merely a request. I didn’t sign anything.

      • inquisitor

        And so if you don’t honor their request you are then re-considered as a criminal?

  • Ryan French

    Congrats Carlos and Taylor for the complaint being dropped!

    However, forgive me for viewing this as a bitter-sweet victory. It seems as BPD has also won in a way because they’re withholding legal action only if you and others surrender your constitutional right to petition.

    What they don’t understand is they’re still a government agency and are subject to public inquiry regardless of what deal they’ve made with you and your attorney. If they don’t like it, then tough turkey.

    They should know that you can’t be responsible if people continue to contact them. Many people might call for days not aware of the update because they saw the story on other outlets. Or many others, such as myself, may feel that they can’t reasonably or legally make such a deal.

    However, I find it hard to believe they’ll ever rekindle the complaint even if the contacts continue. I’d save your extra money and call them on their bluff. The department seems like it’s managed by a bunch of incompetent, arrogant children. They need to know who’s in charge here!

  • mr. wonderful

    Yay! Your courage in facing these clowns down benefits all Americans.

  • mr. wonderful

    Yay! Your courage in facing these clowns down benefits all Americans.

  • Libertea

    Way to go Carlos – and thank you for not giving up. You’ve set a precedent that will make them and other municipalities think twice before starting with the intimidation tactics. You’ve paved the way for many others to take a stand.

  • Libertea

    Way to go Carlos – and thank you for not giving up. You’ve set a precedent that will make them and other municipalities think twice before starting with the intimidation tactics. You’ve paved the way for many others to take a stand.

  • Difdi

    Oh, great. “Stop exercising your first amendment rights and make everybody else in the country stop exercising theirs or we’ll keep trumping up charges until you break.”

    That sort of thing violates the Massachusetts’ Civil Rights Act; Oddly enough, a direct violation doesn’t violate the Act there (sorry, Mr. Hardy), but the police offering to drop charges if you stop exercising your rights DOES violate it!

    Then there’s Part IV, Title I, Chapter 265, Section 25 of the Massachusetts General
    Laws which defines the crime of Extortion and includes the text:

    “…any police officer or person having the powers of a police officer, or any
    officer, or employee of any licensing authority who verbally or by
    written or printed communication maliciously and unlawfully uses or
    threatens to use against another the power or authority vested in him,
    with intent thereby to extort money or any pecuniary advantage, or with
    intent to compel any person to do any act against his will,”

    In Massachusetts, Extortion is punishable by up to fifteen years in state prison.

    https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12/Section11H
    http://www.mass.gov/ago/consumer-resources/your-rights/civil-rights/
    https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section25

    • matism

      Not if you’re a “Law Enforcement” officer. The rules are “different” for Only Ones…

      • Difdi

        There’s true irony there, since the law on extortion in Massachusetts has a clause that ONLY a police officer can violate…

    • matism

      Not if you’re a “Law Enforcement” officer. The rules are “different” for Only Ones…

    • LibertyEbbs

      Great point! Extortion is exactly what was intended when criminal charges were made. Worse yet, the extortion was to compel citizens to avoid participating in a 1A protected activity. Serious hammers should fall. If there was an earnest prosecution for that crime, then I would be willing to see this as any kind of resolution.

      • Ian Battles

        18 U.S.C. § 242 : US Code – Section 242: Deprivation of rights under
        color of law:

        Whoever, under color of any law, statute, ordinance, regulation,
        or custom, willfully subjects any person in any State, Territory,
        Commonwealth, Possession, or District to the deprivation of any
        rights, privileges, or immunities secured or protected by the
        Constitution or laws of the United States shall be fined under this title or
        imprisoned not more than one year, or both.

        See more at:
        http://codes.lp.findlaw.com/uscode/18/I/13/242#sthash.Sm7GU3Kv.dpuf

        • LibertyEbbs

          Yep, could you imagine how much improved our interactions with LE would be if there was a real possibility of this criminal, thuggish behavior actually resulting in charges/prosecution? /rhetorical

          This case is a slam dunk but nobody is gonna bring it to the hoop.

        • SlimJim

          Ooops, duplicated your stuff. A lot of comments to wade through. Spot on!

    • inquisitor

      Good points here Difdi.

      I think we can now plainly see who the real mafia criminals at large are.

  • Difdi

    Oh, great. “Stop exercising your first amendment rights and make everybody else in the country stop exercising theirs or we’ll keep trumping up charges until you break.”

    That sort of thing violates the Massachusetts’ Civil Rights Act; Oddly enough, a direct violation doesn’t violate the Act there (sorry, Mr. Hardy), but the police offering to drop charges if you stop exercising your rights DOES violate it!

    Then there’s Part IV, Title I, Chapter 265, Section 25 of the Massachusetts General
    Laws which defines the crime of Extortion and includes the text:

    “…any police officer or person having the powers of a police officer, or any
    officer, or employee of any licensing authority who verbally or by
    written or printed communication maliciously and unlawfully uses or
    threatens to use against another the power or authority vested in him,
    with intent thereby to extort money or any pecuniary advantage, or with
    intent to compel any person to do any act against his will,”

    In Massachusetts, Extortion is punishable by up to fifteen years in state prison.

    https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12/Section11H
    http://www.mass.gov/ago/consumer-resources/your-rights/civil-rights/
    https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section25

  • catty

    Congratulations pinac is now part of the mainstream media they’ve officially sided with the police if you had any journalistic integrity you would have fought the charges in court instead of bowing down to the command of the police department

    • James Morgan

      The Criminal Charges may be dropped.. but there was no agreement that a Civil Suit from Carlos and the PINAC against Boston wouldn’t go forward. I hear that some Beacon Hill Law Firms specializing in Civil Law are smelling blood in the water and giving Carlos feelers about their interest.

      • Joshua B.

        Don’t think Carlos has a great civil suit here. His damages are minimal.

    • James Morgan

      The Criminal Charges may be dropped.. but there was no agreement that a Civil Suit from Carlos and the PINAC against Boston wouldn’t go forward. I hear that some Beacon Hill Law Firms specializing in Civil Law are smelling blood in the water and giving Carlos feelers about their interest.

    • Carlos_Miller

      If you were willing to fund the fight in court, I would have gladly done it.

      But I’m betting you didn’t donate a single dollar.

    • inquisitor

      catty…one could not possibly enter that arena without at least 20k of expendable dollars at the ready. That would be so many blowjobs for you at your occupation to round up that kind of scratch that your skull would have imploded.

      • Boomer

        Now there’s coffee all over my monitor. Thanks for the laugh, Inquisitor.

    • Phred

      Punctuation is your friend, Catty.

      • Rail Car Fan

        So is a capital letter at the beginning of every sentence!

        Rail Car Fan

  • catty

    Congratulations pinac is now part of the mainstream media they’ve officially sided with the police if you had any journalistic integrity you would have fought the charges in court instead of bowing down to the command of the police department

  • Jim Morriss

    CONGRATULATIONS CARLOS AND TAYLOR!!!!

    I would save the extra cash for the next time. If you can find a high yield account you might make 1 or 2 dollars in interest. We all know it won’t be long before one of the PINAC team needs a lawyer again because the LEOs just don’t get it. They don’t get that you won’t go away, you won’t stop, and you absolutely will not be intimidated.

    The LEOs are proving they are not too sane; the classic definition of insanity is to do the same thing over and over expecting different results after all.

    I feel compelled to point out if we (the readers(Followers?)of PINAC) do stop calling we would acknowledge that Carlos does have some control over us. This would seem to re-enforce their claim that we are a tool that Carlos can wield, but he can’t and doesn’t, yet he did without doing it, but we weren’t follow his orders but we did what he wanted…

    AAHHHH It is all so confusing! Glad I won’t have to submit to a cavity search to visit you Carlos. (Well only if I don’t fly to Miami) Too, the food in MA prisons can’t be as good as the food you show us from Miami and they would not have let you film it I’m sure.

  • LBrothers

    Ha, ha, ha, ha, ha, ha. BPD… I spit in your general direction.

  • BusPass

    Musta been all the armchair advice from the keyboard commandos on Disqus that made this possible :)

    Well done, Carlos. Big win.

    You do good work, and I thank you for PINAC.

  • http://freedomsphoenix.com FascistNation

    File a civil suit and see how quickly the charges reappear. Also, they probably have up to two years to refile—so I suspect the next time you get on their radar screen the charges will appear along with whatever they are charging you with at that point. Seen it all too often before.

    • inquisitor

      Need to get something in writing that charges are dropped and cannot be re-filed perhaps? Surprised his attorney did not demand such a thing.

      • jcfromnj

        This point may be well worth considering…..should be keep in mind.You need to understand that in Copland, not getting caught is equated with telling TheTruth…

  • harry balzanya

    Well Carlos I think if it was just you involved they clearly had no case. I think you negotiated to save Mr Hardy. If thats true good form sir well done.

  • https://www.youtube.com/user/KizoneKaprow Kizone Kaprow

    “I plan to reinvest the remaining $2,200 in PINAC, perhaps in technical and design upgrades, merchandising…”

    …repairs on your car, a new pair of shoes, rent…
    Or you could just, you know, refund it.

    • Carlos_Miller

      Who are you, the IRS?

      • inquisitor

        That would be officer Kaprow.

      • JimBill

        This guy posts a lot of antagonistic comments all over the place. Just google his name and you’ll see what I mean.

      • Haeshu

        Me thinks he’s just another moronic cop.

        • Flashing Scotsman

          Carlos, you have my written permission to use my small donation for whatever purpose you find useful. I’ve got a nice dirty pair of boots that Kizone can lick if he wants to.

    • LibertyEbbs

      I am sure the full sum that you donated to this more than worthy cause will be refunded to you.

    • Jim Abdu

      I don’t want a refund. Carlos has invested more than anyone could ask and can do whatever he wants with my donations. I wish I could donate more! I encourage anyone reading to take a few minutes and donate now while you’re thinking about it. A few bucks here and there will add up and show support. You can’t put a price on what he’s doing.

    • Tom.

      My opinion, for what little it is worth, is that the money was raised for legal defence, it should be used for Jeff Gray’s defines or it should be set aside since this is not the last time there will be legal issues.

  • Daniel

    I predicted to my friends and family a quick end to the case. I’m happy for the win. Thanks for (sort of) not caving in. The only thing I would probably have done different is not agree to any of their terms, because the police requested that PINAC (and others) stop exercising their First Amendment rights. How dare the PD insist that Constitutional rights be waived to prevent a bogus criminal charge. Hey, just stop acting lawfully because that is the only way that the PD will stop acting unlawfully. Who are the criminals? The ones acting lawfully or the PD.

    • Carlos_Miller

      It comes down to money and time. I have a book I need to finish writing. We have projects we need to work on that were sidetracked because of Jeff’s arrest and this issue.

      It’s all about priorities and this wasn’t one, although it frees us up to take a harder look at them.

    • jcfromnj

      You need to know when not to snatch defeat from the jaws of victory. The perception of a thing (this win) is often more effective than the thing itself….

    • Proud Grandpa

      PINAC could also have requested a change of BPD policy to photography and a required training for cops. Was the high-priced lawyer in Boston a sellout? Did PINAC get taken for nothing?

      • Carlos_Miller

        The Glik decision supposedly did this already and it’s obviously not being followed.

        So why should I waste my time on insisting they instill training?

        I would rather free myself from their legal shackles and continue pointing out how they are not respecting the rights of photographers on my blog.

  • io-io

    My question is when will the Boston Police Department charge the “undercover” sergeant during a traffic stop who started all of this in the first place? If I remember correctly there was at a minimum, multiple accounts of assault using an enormous weapon – the “undercover” sergeant’s over girted beer belly (a real obscene weapon of mass consumption).

    Since the Boston Police Department appears to be unable / unwilling / incapable of doing anything, perhaps some calls to the Massachusetts’ State Attorney General’s office might be appropriate.

    This wanton wholesale intimidation of photographers really needs to stop.

    • Carlos_Miller

      Now we need to find out his name. That’s the real mission.

      • discarted

        But that would be intimidation of a po’ liddle police witness. Have you not learned anything, yet?

        Maybe people should now call the PIO about charging the cop who assaulted the videographer?

      • Proud Grandpa

        Just a thought…
        .
        PINAC could have found out his name plus won a court-ordered change of BPD policy and attorney fees IF PINAC HAD NOT AGREED TO SETTLE on such unfavorable terms.
        .
        Now we have a mystery detective, no change of BPD policy, and no reimbursement for attorney fees. Is that much of a victory? Maybe not.

        • Carlos_Miller

          That would have to take place in a civil suit. If I am the one facing criminal charges, I really don’t have much say in what I want.

          All I can say is I reject your demands, let’s more forward to trial, which will cost more money and take more time.

          • Proud Grandpa

            Bless your heart, Carlos. You mean well. I trust you to use your best judgement. A civil suit would result in a genuine victory and reform in BPD, but you know better than the rest of us about your state of finances and willingness of the legal talent. Good success to you.

  • http://www.hisnameistimmy.com Tim in SF

    Is anybody else appalled by the bad grammar, numerous run-on sentences and countless typos in Detective Moore’s email? Don’t these people have to pass a written test?

  • AlexW

    Congratulations

    Thanks for keeping your readers up to
    date all through the process.

    It was a learning experience!!

  • Rusty Gunn

    Ah, victory is SO sweet, is it not?!

    • Proud Grandpa

      Victory? More like kissing you sister. It isn’t quite the real deal.

  • Carlos_Miller

    I added a second sentence that I think you guys will like.

    I wrote this in a hurry because the news was already being released to other media, so I didn’t want to get scooped by my own story.

  • fuckobammy

    Great job! Keep up the good work. We need more of you guys in this country. Slowly but surely the populace is waking up to the tactics, lies and attitudes of police in this country. An officers bill of rights is one thing, but it really is a get out of jail card. They can do whatever they want with no repercussions.

  • John

    Well done, screw those police who act like ‘pigs.’

  • Captain obvious

    Never talk to the police…

    • Haeshu

      I recommend this video times a million. I’ve watched it at least a dozen times and learned so much.

      • Jim Abdu

        Thanks for posting this. Everyone should watch it.

  • Ron

    This ALL came about because Moore had to assert his ‘authority’ on some photographer. Bet Moore wishes he had left well enough alone.

  • Jeffrey Simons

    Congratulations, a good win for the First Amendment. Keep up the good work.

    Also, you may want to have the author of the change.org petition remove it . . . .

  • Nitelite

    What you should do is bank the donated money and keep a fund for when/if something like this happens again.

  • Jim Miner

    You have done important work here. You should be proud.

    Keep fighting for everyone’s rights.

    “All it takes for evil to triumph is for good men to do nothing”

    • Haeshu

      I agree. Carlos is one of the few remaining American patriots willing to stand up for what is right, no matter the consequences.

  • LurkingMadness

    I don’t think they did get the message Carlos. From an entry on Nov 14 here:

    ===============
    Either way, Tyler Welsh, a 20-year-old student from Northeastern University came across a cop outside Fenway Park who didn’t come across very professional. As if that’s anything new in Beantown.

    Welsh, having already had a bad experience with Boston cops two weeks earlier for trying to record them, decided to pull out his phone and start recording.

    It landed him in jail on felony wiretapping charges. As if that’s anything new in Beantown
    ===============
    I suspect that the Boston PD is hoping if they stop trying to intimidate YOU, this will all blow over and things can return to normal.

  • jcfromnj

    Eyeball to Eyeball and the Other Fellow Just Blinked……

  • xx@xxx.net

    Hi there Mr Miller.
    Let’s go to the core of this issue. Blogger does not mean you are a reporter, sadly but true.
    And even if you run a blog that deals with the clear issue of the first amendment being trashed by SOME POLICE OFFICERS, that does not mean you can be an @sshole.
    Privacy is a matter of concern and you have no right to invade it.
    Be smart. Write smart.

    • brian schneider

      Obviously you don’t know anything about Carlos. He most definitely is a reporter.

    • he’sthe @hole

      That’s right Carlos. Be smart. Write smart. Don’t be like this jerk.

    • Ryan French

      You must be new.

    • Rail Car Fan

      “xx@xxx.net”…

      And your point is… WHAT !!?

      Rail Car Fan

    • Carlos_Miller

      I spent almost ten years working for the corporate media, after earning a bachelors degree in journalism, before I decided to become an independent journalist.

      If you really want to get to the core of the issue.

    • Carlos_Miller

      Either way, the Freedom of the Press applies to all citizens.

    • inquisitor

      All of your points are in extreme error.
      There isn’t any validity to anything you have typed.
      It is just your worthless opinion, sadly but truly.
      The internet and the information age has changed what would traditionally be considered media. It allows everyone a platform to exercise their rights to report and journal whereas in the past one would need money for radio or television along with agreements to tailor what you say due to sponsorship interests or government censorship.
      Show me the law that says a blogger may never be considered a reporter or journalist and that they have no right regarding freedom of the press.

      And someone violating my rights is plenty excuse for me to justify being an asshole towards the offender.
      You are one of those people in this world that would actually be more intelligent post-lobotomy.

      • Flashing Scotsman

        While it’s true that our “esteemed” Senator from California wants to pass laws that would keep someone like Carlos from exercising his Constitutional rights, for the time being, the First Amendment DOES actually apply to all of us.

    • dedhead66

      Well look what we have here, a copsucker. Try telling the police “Privacy is a matter of concern and you have no right to invade it. “. Let’s see how that works out for you.

  • Joseph Murray

    One small step…

  • Herbert Napp

    How humiliating for them LOL. The schadenfreude here is so tasty.

  • Tammy Herring

    So glad to hear you beat them at their on game! Cograts! Thanks to people such as yourselves we can now hold them accountable for their actions! Never stop doing what you do!

  • Proud Grandpa

    Wonderful news, Carlos. Civil liberties patriots of all stripes can celebrate this victory.
    .
    This victory is evidence that we have won the war of ideas in court and in law. Had the BPD and prosecutor thought they could win, they’d have proceeded. This was a face-saving way out.
    .
    Expect them to warn their blue suits not to violate photog’s rights.
    .
    In a way, though, I am sad that the calls came in jamming the phone lines. Nowhere in the agreement letter did they admit any wrong doing or even admit that photog’s rights exist, nor did they say they’d change their policy to recording cops. This could happen again.

    • Frodo

      Whenever something like this happens no one is “warned.” If anything they’re probably planning on ways to get around the issue of photography rights with other trumped up charges.

      • Flashing Scotsman

        New training is most likely already going into effect as we speak. Whenever someone points a camera at an officer, it is to be treated as if it might be a gun.

        • Frodo

          New training doesn’t happen every time charges are dropped or a case is lost. That’s a pipedream

          • Joseph Murray

            Did you even read the whole 2 lines, dude?

          • Flashing Scotsman

            Didn’t catch the sarcasm there?

      • Proud Grandpa

        Carlos could still make effective change for photog rights if he sues. That requires a civil rights attorney, not a criminal defense attorney. It could result in a court-ordered settlement favorable to photog rights.

  • Vlad Vondoom

    Why would you give in to ANY of their demands? Unless people test these Nazis we won’t have any Constitutional rights.

    • Carlos_Miller

      Because their demands were irrelevant to me and I wanted to move on without having to keep paying a lawyer and having to blog about this issue and having to wonder if I have to fly up there for an arraignment.

      Their first demand. That readers stop calling. Whatever. I have no control over that. They’re just happy that I told you guys to stop calling.

      Their second demand. That we remove the video that caused this ruckus. Whatever. That video sucked anyway. And it was already removed.

      Their third demand. That we inform people we interview by phone that we are recording. Whatever. We’ve been doing that. This was just a result of a technical mishap.

      These legal battles are draining for me, so I agreed to their “demands” because they’re not demanding that I stop writing about them or that I agree not to sue them. Those would be relevant demands that I would toss back in their faces.

  • http://www.noneedforastinkingwebsite.com dow daytrader

    aren’t “public information officers” supposed to talk to the ‘public’ ??? why are they ‘copping’ an attitude about doing their job? Who pays their salary, but the ‘public’ ?

    Aren’t we all ‘equal’ before the law? Why does an American have to hire a ‘prestigious’ lawyer? Why can’t police do what is right, regardless who is advocating the truth?

  • Haeshu

    Nice job Carlos. This is a good lesson that the seemingly friendly email they sent you which promoted your call was anything but friendly. It was to bait you to get some kind of admission/confession. The police lie as part of their SOP. They never want to ‘simply talk’ or ‘clear the air’. They are always looking for an arrest. I am happy that they didn’t get one. But please, please, please… never call them again if they ‘just want to talk.’ There is never an instance where you need to talk to them about anything… ever.

    Best wishes my friend,
    Haeshu

  • HeyItsRaymond

    Anyone still have the detectives number? I’d love to keep it on file.

    Thanks

  • http://suijurisforum.com/ noone special

    First of all you have to be indicted to be charged with a felony in Ma. It can’t be successfully prosecuted via an information.
    Second, how can declare victory when this guy was arrested and no recompense has been made for that injury?

    People posing as police (when a cop violates A KNOWN duty he is no longer a cop and enjoys no immunity) will keep arresting because seemingly no one will make them responsible for the consequences of their actions.

    There is no victory here.

  • hardh8

    This great news. The problem I see is that if it was just some citizen being intimidated by the police state. They’d be in a whole lot more trouble than you were Carlos. So what is really needed is for this “network of supporters” to be brought to bear against the police state whenever any citizen is threatened for recording the police state.

  • Ken

    Congrats… You all are real freedom fighters and I absolutely love and support your cause. It is basic American Rights that you are fighting for. History will hold you all in very high regards.

  • Dick Gosinya