Phony Bologna: More Evidence Of Indiscriminate Pepper Spraying, As Police Defend Actions

from the just-admit-he-screwed-up dept

Mon, Oct 3rd 2011 8:27am — Mike Masnick

NYPD Deputy Inspector Anthony Bologna remains in the news, even as the NYPD ramped up their "arrest the protesters" campaign this weekend. After all of the video evidence that he randomly pepper sprayed some women at the OccupyWallStreet protests, the NYPD Commissioner Ray Kelly has said that the Internal Affair Bureau would open an investigation into the actions. But at the same time, he defended Bologna's actions. Of course, at about the same time he was doing this, a second video came out, once again showing Bologna appearing to indiscriminately pepper spray people, including a credentialed photojournalist (wearing his credentials around his neck). So how is Kelly defending this? First, he blames the protesters for "tumultuous conduct." I've already said that I don't really think much of the overall protest, but the video evidence doesn't suggest that those who were pepper sprayed were involved in any such "tumultuous conduct." Later Kelly said that the group was "disorderly" and "intent on blocking traffic," and that could justify the use of pepper spray. That seems like a huge stretch. Again, the individuals who were sprayed appear to have been chosen at random.

The NYPD Deputy Inspector Roy Richter, who is basically Bologna's "union representative" is defending Bologna's actions thusly:

�Deputy Inspector Bologna's actions that day were motivated by his concern for the safety of officers under his command and the safety of the public. The limited use of pepper spray effectively restored order without any escalation of force or serious injury to either demonstrator or police officer.�

Someone else at the police department had another cover story:

A law enforcement official familiar with Inspector Bologna�s account of what occurred, however, said he was not aiming at the four women who appeared in videos to have sustained the brunt of the spray. Rather, he was trying to spray some men who he believed were pushing up against officers and causing a confrontation that put officers at risk of injury, the official said.

"The intention was to place them under arrest, but they fled," the official said.

Given how many videos of the scene and surrounding areas have been shown, it's amazing anyone can claim that with a straight face. There was no indication of these "others." There was no indication of any attempt to arrest others near the women. If Bologna was aiming at these mythical men, he's a terrible shot, because he hit those women he wasn't aiming for point blank.

In the meantime, the folks at USLaw.com remind us that Bologna wasn't the only police officer using random "escalation" techniques. They point out this video of an NYPD officer purposely tripping a protester who already appeared to be in the control of multiple officers. Of course, the act of tripping the guy makes it look like he's trying to resist arrest. Of course, once again, all of this is caught on video. It really makes you wonder if all of this kind of video evidence is finally going to lead police to recognize that they actually have to behave and follow the law themselves.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: anthony bologna, evidence, nypd, occupy wall street

48 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

The eejit (profile), 3 Oct 2011 @ 8:22am

OccupyWallSt: Well, Stop MACEing us and maybe we'd be more peaceful, nimrod!

NYPD: I'm sorry, it's just one bad apple! *to someone off-camera* Quick! We need to cover this up, like, Yesterday!
[ link to this | view in thread ]
Digger, 3 Oct 2011 @ 8:37am

Time for a few federal arrests.
Have a few feds wander in with the video evidence, arrest the officers for assault, throw em in a federal pen for escalation of violence on a non violent crowd, throw away the keys.
[ link to this | view in thread ]
Vic, 3 Oct 2011 @ 8:41am

"Embedding disabled by request
Watch on YouTube"

Now, trying to figure out where that disabling happens: on TechDirt or here at my work...
[ link to this | view in thread ]
ahow628 (profile), 3 Oct 2011 @ 8:41am

Again
It's been said before in the comments on TechDirt, but in order for the collective police organizations to earn the respect of the citizenry, they need to start punishing and ostracizing the "bad apples." Instead, they cover, protect, and generally do nothing to fix the systemic problems.
[ link to this | view in thread ]
bshock, 3 Oct 2011 @ 8:44am

wishful thinking
Mike, I'd really like to believe that the growing frequency of video evidence will help to improve police behavior.

But the social psychology seems to be against it. Police behave the way they behave because there are countless major and minor pressures acting on them as they perform the role of physical authorities. Video is just one small addition to this, and I suspect it will either become illegal to video a police officer (as wildly unconstitutional as that might be), or the police will simply adopt an absolute contempt for video evidence against them (as seems to be the case here).
[ link to this | view in thread ]
WysiWyg (profile), 3 Oct 2011 @ 8:45am

Re: Time for a few federal arrests.
I'm not sure that falls under federal jurisdiction actually.
[ link to this | view in thread ]
WysiWyg (profile), 3 Oct 2011 @ 8:46am

Re:
Neither. It happens at YouTube, where the uploader has chosen to disable embedding.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 8:52am

�Deputy Inspector Bologna's actions that day were motivated by his concern for the safety of officers under his command and the safety of the public. The limited use of pepper spray effectively restored order without any escalation of force or serious injury to either demonstrator or police officer.�

I'd say the use of mace qualifies as an escalation.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 8:53am

"The intention was to place them under arrest, but they fled,"

So.. we justify pepper spraying because "someone" did "something". And after spraying randomly, we let them leave.. you know, because 1000 cops can't possibly arrest a few people they targeted in the crowd.

However, they can arrest 700 people a week later?
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 9:01am

Re: Re:
Usually, such disabling is tied to advertisements. Embedded videos don't have the same ads or ad-revenue-sharing that the YouTube page videos do. I think that if you request ad-revenue-sharing for your video, it will disable embedding by default.
[ link to this | view in thread ]
DCX2, 3 Oct 2011 @ 9:14am

Re: Again
Covering up for the "bad apples" makes you an accomplice...when you don't have a badge.

In the rare event that some transgression is so egregious that there is no choice but to punish the officer, there had better not be any sweetheart plea deals. For instance, Johannes Sebastian Mehserle who shot Oscar Grant - unarmed, face down - in the back. He got just 2 years for ending an innocent life.
[ link to this | view in thread ]
pixelpusher220 (profile), 3 Oct 2011 @ 9:17am

Re:
Can we pepper spray this 'spokesman' point blank in the eye and see if he still calls it 'no serious injury'?
[ link to this | view in thread ]
That Anonymous Coward (profile), 3 Oct 2011 @ 9:18am

I was more entertained at how angry the spokesweasel was when Anonymous identified this fine example of their profession. And the internal review only came about after the citizen review board informed them of the opening of an investigation.

Given his training in handling protests (he was in charge of the unit to handle protests at one point), and a series of suits against him for civil rights violations one has to wonder how deep the contempt for the law is in the NYPD.

And now there is questions if the arrests on the bridge were caused by protestors or by officers creating a situation where they could arrest people. Sort of how the police in the UK lead some protest organizers, who had done nothing wrong, out the back door "to avoid being with those damaging property" who were going to be arrested. They then arrested the organizers and left the anarchists in the shop causing damage.

So I wonder if we will continue to see the news black out on Occupy Wall Street, I am pretty sure no one will mention the fact the Koch Brothers company was selling things to Iran either. (Bloomberg did...)
[ link to this | view in thread ]
weneedhelp (profile), 3 Oct 2011 @ 9:27am

Give him a break. Didnt you see all of the homegrown terrorists around him?
[ link to this | view in thread ]
HothMonster, 3 Oct 2011 @ 9:27am

Re:
oh its just another bullshit excuse. It almost as if the people making these excuses are not allowed to watch the videos. Maybe the NYPD has youtube blocked or something because no one who has seen the video would think this is true. Tony Bologna just spays and turns around and strolls away, both times, he has no interest in arresting anyone. I think he is off to get his pepperspray refilled.
[ link to this | view in thread ]
HothMonster, 3 Oct 2011 @ 9:28am

Re:
there were FBI agents there?
[ link to this | view in thread ]
George Orwell, 3 Oct 2011 @ 9:43am

Goons to protect the public from the poleese please
It has been less than 200 years when the first municipal police force was organized in London. Since then it has morphed into a military occupying naziesque club (look at the Darth Vader helmets/jackboots, black gear, etc.)which attracts sadists and control freaks who feel immune to all accountability, especially in the NWO USA. Yes, there are many good cops. Methinks a minority. At least the Mafia usually confined their mayhem to their own (and to those who deserved their just desserts - aka justice). Yes, a rant... I know. But true nonetheless.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 9:49am

And this is how you tarnish and cause "irreparable harm" to the government.

By trying to lie you way out, in the face of overhelming evidence of misconduct.
[ link to this | view in thread ]
That Anonymous Coward (profile), 3 Oct 2011 @ 9:56am

Re: Re:
is it wrong to point out there most likely were not enough Muslims there to get the FBI to show?
[ link to this | view in thread ]
Jim, 3 Oct 2011 @ 10:02am

However dubious that new cover story may be (aiming for someone else), it serves as an underhanded admission that those women weren't doing anything wrong.
[ link to this | view in thread ]
holdenough, 3 Oct 2011 @ 11:29am

Just Desserts...
These high-ranking police officers are just fully owned and paid-for attack dogs for the super-rich and the corporate interests. Thus, it will be particularly satisfying when (not if!) they lose their collective bargaining rights just like those police and firefighters in Wisconsin and soon in Ohio. Once they have done their masters' bidding, they will become dispensable and fall to the scythe wielded by republicans all over the country. In Tony Boloney's case, this will have been well-earned, and just desserts. I can barely wait to hear them whining!
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 11:51am

Tony Baloney
[ link to this | view in thread ]
Beta (profile), 3 Oct 2011 @ 11:52am

"So there I was..."
If this is the kind of story the police spin in the face of irrefutable evidence to the contrary, just imagine the liberties they may take when there's no evidence (that hasn't passed through their hands), and it's their word against that of a shifty-looking prisoner.

Something to remember the next time you serve on a jury.
[ link to this | view in thread ]
MrWilson, 3 Oct 2011 @ 12:09pm

Re: Re: Time for a few federal arrests.
From the FBI Website, emphasis mine:

"The FBI investigates violations of federal civil rights statutes and supports the investigations of state and local authorities in certain cases. Federal civil rights violations fall into several categories: hate crimes motivated by bias against such characteristics as race, religion, national origin, and sexual orientation; color of law crimes involving law enforcement and related criminal justice professionals� misuse of their right to discretion, such as use of excessive force or police misconduct;"

Source: http://www.fbi.gov/about-us/faqs
[ link to this | view in thread ]
Jake, 3 Oct 2011 @ 12:45pm

Quick legal question. What's NY law say about defending yourself from someone who attacks you unprovoked with a less-lethal weapon like pepper spray? Because I'll lay any money you care to name that sooner or later, the cops will pepper-spray someone carrying a concealed weapon.
[ link to this | view in thread ]
Jake, 3 Oct 2011 @ 12:46pm

Quick legal question. What's NY law say about defending yourself from someone who attacks you unprovoked with a less-lethal weapon like pepper spray? Because I'll lay any money you care to name that sooner or later, the cops will pepper-spray someone carrying a concealed weapon.
[ link to this | view in thread ]
Thomas (profile), 3 Oct 2011 @ 1:06pm

NYPD...
is clearly showing they are the current edition of the Gestapo.

The Commissioner said he would "open an investigation", which is clearly doublespeak for "we will prove the cops acted correctly:."

This clearly shows why the cops want to make it illegal to videotape their actions: they want to avoid another 'Rodney King' incident by outlawing videotape of cops beating the crap out of people.

We are in far far mor danger from our own cops than from the Taliban or any crazy Jihadists.

Our cops are no longer there to protect citizens; they simply are out of control thugs doing the bidding of whoever pays them the most. At the moment it's the super rich Wall Street executives.
[ link to this | view in thread ]
Michael (profile), 3 Oct 2011 @ 1:08pm

Re:
http://www.thedailyshow.com/watch/thu-september-29-2011/the-vigilogna---christopher-melogna-is-tony- bologna
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 1:31pm

Re: "So there I was..."
^--- This, but that presumes the case even makes it to trial. I've been on the receiving end of lying cops. As I whiled away the hours in county (a direct result of said lying cop), I got to know some of my fellow guests and their stories. It seems my situation wasn't all that uncommon.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 1:41pm

I use to wonder why Pirate Mike puts stories like this on his "tech" blog. Now I get it. Pirate Mike cannot stand authority. He will do ANYTHING he can to make those in power look bad. He won't write stories about positive things that happen. No... He only focuses on the negative.

You truly are a wonder, chubby. I'm starting to understand what makes you tick. It's disgusting and scary, but at least it's starting to make sense to me.
[ link to this | view in thread ]
Anonymous A-hole, 3 Oct 2011 @ 2:20pm

Re: wishful thinking
But the social psychology seems to be against [video of cops behaving badly improving their behavior].

If being nice and presenting evidence doesn't work, then perhaps it's time to return fire the way the cops would - with overwhelming violent force.
[ link to this | view in thread ]
JMT (profile), 3 Oct 2011 @ 2:22pm

Re:
This whole ongoing story, and many other similar ones, are about the use of technology. Specifically how nearly everyone now carries a device that can record, store and distribute reasonable quality video, and how that technology is now being used to highlight abuse of police power.

I don't think you're so dumb that you can't see this, so it's safe to assume you're simply taking another pathetic potshot at Mike due to either some deep personal issue you have with him or because it's part of your job description.
[ link to this | view in thread ]
PrometheeFeu (profile), 3 Oct 2011 @ 2:27pm

Re:
My understanding is that you have a right to defend yourself against police officers carrying out unlawful acts. However, good luck in court. Courts tend to show lots of deference to police thugs.
[ link to this | view in thread ]
PrometheeFeu (profile), 3 Oct 2011 @ 2:28pm

Re: NYPD...
"Our cops are no longer there to protect citizens; they simply are out of control thugs doing the bidding of whoever pays them the most. At the moment it's the super rich Wall Street executives."

What's your evidence. I see them as being out of control thugs period.
[ link to this | view in thread ]
Jesse (profile), 3 Oct 2011 @ 3:28pm

Mike, I'm curious as to why you don't agree with the protest. It seems to me the motivation behind the protest is to speak out about the close relationship between government and Wall St., rather than to protest against a financial system. Ironically (or I guess predictably, rather), the fact that the police are so keen to shut them down (as opposed to Tea Party Rallies) only further demonstrates that close relationship.

My interpretation could be wrong. But if I'm right, isn't that the sort of thing you write about all the time? Rather than write a blog, they are going to the streets to raise awareness.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 3:46pm

Re:
The law on the streets is that you end up six feet under.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 3:50pm

Re:
You do know that lawyers are not known for their athletic aesthetics don't you?

Just to make it clear, everyone thinks of lawyers as fat couch potatoes that wouldn't be able to wipe their arses in an aiplane toilet.
[ link to this | view in thread ]
Grae (profile), 3 Oct 2011 @ 4:14pm

Re:
So I was following along pretty well until I hit this little disconnect: "You truly are a wonder, chubby."

For reference, here's a photo and video footage of Mr. Masnick.

Now I can only speak for myself here, but Mike looks a very far cry from "chubby". I wonder what your point of reference is. One might even consider your point of view "disgusting and scary". Food for thought, eh?
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 5:05pm

Re: Re: Re:
Only when they don't plant them there.
[ link to this | view in thread ]
Anonymous Coward, 3 Oct 2011 @ 6:45pm

Re:
You need help.
[ link to this | view in thread ]
That Anonymous Coward (profile), 3 Oct 2011 @ 7:12pm

Re:
The beginnings of this protest were not very clear on what the plan was. As time progressed they saw they were not being taken seriously and they have very quickly focused their message.

They are learning and adapting to the needs of having a "cause" that can be communicated that drowns out the stereotype of slacker punks who just want the world to give them a hand out.

They are gaining visibility and the message is resonating and spreading. Other groups are seeing the effort for what it is and adding their support. They are not trying to co-opt the movement, just adding more voices that will not be ignored.

I don't think everyone is ready to commit to an underpublicized protest movement, but Mike has at least covered the stories rising up around the protest. This is better than other coverage ignoring it or painting the protesters as an invading horde beating down the poor NYPD.

The revolution will be livestreamed, and that Mike will have an article about... but I think he really is trying to avoid the giant can of worms on the issues driving this protest. Those debates are best handled elsewhere.
[ link to this | view in thread ]
Hothmonster, 3 Oct 2011 @ 8:57pm

Re: Re: Re: Time for a few federal arrests.
there busy chasing uploaders for some Disney money, maybe if these anti-capitalists can get some money together the FBI will divert a couple guys.
[ link to this | view in thread ]
Hothmonster, 3 Oct 2011 @ 8:58pm

Re: Re: Re: Re:
i have a feeling they might forget to stop them if they sent them there
[ link to this | view in thread ]
Hothmonster, 3 Oct 2011 @ 8:59pm

Re: Re:
also watch out for the other 300 hundred armed cops standing around, they tend not to like you hitting their co-workers
[ link to this | view in thread ]
Hothmonster, 3 Oct 2011 @ 9:00pm

Re:
2/10, weak premise
[ link to this | view in thread ]
username, 3 Oct 2011 @ 11:00pm

Anthony Bologna D0x
NYPD Deputy Inspector
Patrol Boro Manhattan South - 212-477-6181

-WAS Commanding Officer of the First Precinct for the past 5 years
----------------------Personal

-Possible phone number: (518) 989-9051

----------------------Reason for D0x'ing

http://davidscameracraft.blogspot.com/2011/09/occupy-wall-street-march-violence.html

----------------------Relatives

Anthony Linda Bologna
Anthony V Bologna
Anthony Jennings Bologna
Linda S Bologna (family)
Dana M Bologna (family)
Jenna Angelina Bologna (family)
J Bologna (family)
Angelina Bologna (family)
Joanne A Bologna (family)
Anthony C Bologna (family)

----------------------Schools

St. Paul's High School (1970-1974)

----------------------Last Known Addresses

5 Sawyer Ave, Unit A, Staten Island, NY, US
119 Slater Blvd, Staten Island, NY, US
5 Sawyer Ave, Staten Island, NY, US
1309 Lake Ave, Metairie, LA, US
Jennings Hill Rd, West Kill, NY, US
Catskill, NY, US
Lexington, NY, US
New York, NY, US
5314 8th Ave, Brooklyn, NY, US
236 E Gibson St, Covington, LA, US
134 N Carrollton Ave, New Orleans, LA, US
22072 8th St, Abita Springs, LA, US
6 Saint Jean De Luz, Mandeville, LA, US
1000 53rd St, Brooklyn, NY, US
1224 Lake Ave, Apt 205, Metairie, LA, US
10122 Lakewood St, New Orleans, LA, US
24 Claudia Dr, Covington, LA, US
6906 13th Ave, Unit 2f, Brooklyn, NY, US

---------------------------Legal Trouble

Plaintiff: Posr A. Posr
Defendants: Tulio Camejo, Anthony Bologna, Michael R. Bloomberg, Raymond W. Kelly, Joseph J. Esposito, The City of New York and Connie Fishman

Case Number: 1:2007cv07583
Filed: August 27, 2007

Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Judge P. Kevin Castel

Nature of Suit: Civil Rights - Other Civil Rights
Cause: 42:1983 Civil Rights Act
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

-------------------------------Until Next Time Folks...
[ link to this | view in thread ]
Anonymous Coward, 4 Oct 2011 @ 10:28pm

Re: Re: Re: Time for a few federal arrests.
Maybe this is a good use of the petition the White House site.
[ link to this | view in thread ]
SamJ, 15 Oct 2011 @ 12:02pm

I'm sorry no one has mentioned what the Occupy Wall demonstrations are protesting. They are protesting the Jewish investment bankers and brokers who screwed up the entire financial system worldwide. These bankers did this through Jewish cunning, predatory selling of junk derivatives, rated "AAA" when they were actually junk, and just basically selling your grandmother up the river. Did you see the signs carried by demonstrators in New York and Los Angeles? This is not a fringe movement. One of my favorite signs said "Humanity v. The Rothschilds". Anyone want to nominate their favorite Goldman Sachs crook as Jew of the Year? It won't be too long before Jew techies are also being investigated. Woo-Hoo!
[ link to this | view in thread ]