------- Index of Articles

NUCLEAR
Russia, U.S. Officials Discuss Disarmament, Middle East and Afghanistan
Modern history
Russian Bombers May Test U.S. in Arctic Exercise
Herbert Pollock, worked on Manhattan Project
Singer's Suit Against Boeing Is Dismissed
Army to Detonate Old Bombs Found at Former Weapons Plant in Colorado
Stroll in Desert Becomes Path To Discovery
Indian Tribe Turns To Nuclear Waste
Yucca Mountain May Store Waste

MILITARY
Missile upgrade will beef up frigates' defence
Police Call Seizure of Ecstasy Their Largest
BRAZIL: DRUG INQUIRY RESULTS
Pakistan offers border truce
Shuttle Nearing Space Station and Causing a Traffic Jam
Army Orders Peacekeepers to Sessions on Rights

OTHER
On Hudson, Cleanup Idea Stirs Emotions
Judge Blocks Landfill Beside Historic Trail
I.M.F. to Rush Financial Aid to Turkey
Europeans Challenge U.S. Limits on Steel Imports
Data on Racial Profiling Was Limited, Ex-Attorney General Says
Cameras Are Backed in Local Police Cars
`I Testified Truthfully,' Verniero Says in His Statement
Colleague Changed Story on Beating, Officer Says
Escort of Voyeur Bus Suspended by Police
Defense for accused American spy rests its case
Defense Makes Final Appeal in Russian Spy Trial
BRAZIL: SPY CHIEF FIRED

ACTIVISTS
Museum Honoring Rosa Parks Opens on Historic Street Corner
INDONESIA: PEACEFUL PROTEST
Britain to cancel debt of 41 poor countries
Today In History
Our Closing Argument in Text
Globalising resistance to corporate power
Disparate activists remain united in WTO opposition
Charges against 46 RNC protesters are upheld


-------- NUCLEAR

Russia, U.S. Officials Discuss Disarmament, Middle East and Afghanistan

Russia Today
Dec 2, 2000
http://www.russiatoday.com/news.php3?id=226449

WASHINGTON, -- (Agence France Presse) A two-day visit by Russian deputy foreign minister Gueorgui Mamedov focused on disarmament, the Middle East peace process and the situations in Iraq and Afghanistan, the State Department said Friday.

Mamedov met with his US counterpart, Deputy Secretary of State Strobe Talbott, as well as Undersecretary for Political Affairs Thomas Pickering, said department spokesman Philip Reeker.

The discussions, while fruitful, came under the auspices of the regularly-scheduled bilateral meetings between top-level officials, Reeker said, declining to give details of the conversations.

Further, Reeker said, the meeting paved the way for dialogue two weeks from now in Brussels between US Secretary of State Madeleine Albright and her Russian counterpart, Igor Ivanov.

Russian sources in Moscow indicated that Mamedov was supposed to lay the foundations for future deliberations over the proposed START III disarmament treaty.

The Russians see the treaty as a deliberate effort to get Washington to abandon its proposed anti-ballistic missile defense system in exchange for further reductions in nuclear warheads.

Washington for its part has not made a final decision to continue with the elaborate missile shield, though officials have expressed reserved interest in the Russian proposals.

Mamedov confirmed a meeting planned for next week between US and Russian experts, following Russia's announcement of its intent to withdraw from a bilateral pact prohibiting the sale of arms to Iran, a US diplomatic source said.

The experts are due to meet Tuesday or Wednesday in Moscow, according to the source.

-------- australia

Modern history

Sydney Morning Herald
Date: 02/12/2000
By Bernard Zuel
http://www.smh.com.au/news/0012/02/text/features7.html

AT HOME ...

The Queensland Labor Party contemplated how you stay in government when your parliamentary members are dropping off the political twig by the day. No-one has suggested they simply re-enrol under different names. Yet.

Meanwhile, a Federal Labor MP named Swan was in deep water over unmarked bills in small envelopes heading from his pocket to the Democrats during the 1996 election. Some noted that Queensland Labor couldn't even get alleged attempted bribery right, losing the seat in that election.

The Blue Mountains were declared a World Heritage site. Not so lucky was Kakadu, which was not worthy of listing yet (said the UN committee) and not in danger in any way from uranium mining (said the Government).

Sydney topped another poll, this time as the city with the highest quality heroin. Intriguingly, at the same time it was announced that heroin-related deaths dropped by 20 per cent in the past year.

Surprisingly, no deaths at the annual general meeting of NRMA Ltd where Head Boy Nick Whitlam was picked on from the floor by less-than-happy shareholders. But he beat them back with a swag of proxies. Naturally, an NRMA senior executive ended the meeting with millions in share options coming his way.

Feeling almost as smug are the maker of a certain whisky and its advertising agency, which tried not to smirk as litres upon litres of free publicity came their way from sundry outraged gentle folk who didn't like one of their ads and said so often, while repeatedly naming the brand.

... AND ABROAD

Having failed to call an early end to the Palestinian uprisings, the Israeli PM, Ehud Barak, called an early election. Though not quite that early as it won't take place until March or April.

By that time, we should have an American president. However, an impatient George W. Bush declared himself the president this week while the incumbent Vice-President, Al Gore, declared himself not yet finished with the legal challenges.

Canada, meanwhile, has elected a new prime minister, who is the same as the old prime minister, just with a bigger majority. And Haiti elected a new president, who is the same as an old president, just with a bigger cast of critics claiming vote rigging.

The Netherlands decided to put some people out of their misery, not by banning talk of the US presidential race, but allowing mercy killings. The Queensland Labor Party is not on the list. Yet.

--- russia

Russian Bombers May Test U.S. in Arctic Exercise

Washington Post
Saturday, December 2, 2000; Page A26
By David Hoffman
Washington Post Foreign Service
http://www.washingtonpost.com/wp-dyn/articles/A13167-2000Dec1.html

MOSCOW, Dec. 1 -- Russia disclosed today that seven long-range strategic bombers have been flown to bases in the Arctic for pilot training exercises, and the Pentagon said the planes could be used to test air defenses by flying toward Alaska.

The dispatch of the propeller-driven Tu-95 Bear bombers and four Il-78 tanker planes to bases in Anadyr, Tiksi and Vorkuta--close to the Arctic Ocean across Russia's northern rim--marked the first time in a decade such exercises have been held.

Canada responded by deploying three CF-18 fighter jets to a base in the northwestern Arctic to counter possible probing by the Russian planes, the Reuters news agency reported.

The military news agency AVN said here that exercises were being resumed because fuel had again become available. Although the Russian air force has been hobbled in recent years by a shortage of aviation fuel because of budget problems, the military has benefited from Russia's windfall from high world oil prices.

The bombers are capable of carrying nuclear-armed cruise missiles but "pose no threat to the American continent," AVN quoted an unidentified military spokesman as saying.

The Russian Tass news agency said Russia's military "school year" began today and the flights were designed to give pilots training in difficult Arctic weather and geomagnetic conditions.

An air force spokesman was quoted by Tass as saying Russian long-range aviation pilots average about 10 flight hours a year, compared with between 180 and 280 hours for NATO pilots.

Pentagon spokesman Kenneth Bacon said in Washington that the U.S. military believed the Russians might fly close to Alaska to test U.S. air defenses. Such probes were common during the Cold War and are still carried out periodically by both sides. Bacon said the Russians last sent bombers over the Bering Sea in arch.

The aging bombers are relatively slow compared with supersonic jets, but they remain part of Russia's land-sea-air strategic nuclear triad.

Last year, during a large Russian military exercise, two similar bombers were intercepted by four U.S. F-15 fighters and a P-3 patrol plane as they flew near Iceland in a move that surprised U.S. officials. Recently, Russian reconnaissance planes buzzed the aircraft carrier USS Kitty Hawk in an episode that attracted considerable press attention here.

-------- u.s. nuc weapons

Herbert Pollock, worked on Manhattan Project

Cleveland Plain Dealer
Saturday, December 02, 2000
http://www.cleveland.com/news/index.ssf?/news/pd/w02nec.html

SCHENECTADY, N.Y. - Herbert C. Pollock, a former physicist with General Electric Co. who worked on the Manhattan Project, died Nov. 24. He was 87.

Pollock began his career at the General Electric Research Laboratory in Schenectady in 1937.

During World War II, he joined the Manhattan Project - a team of nuclear physicists that created the first atomic bombs dropped on the Japanese cities of Hiroshima and Nagasaki in 1945.

Along with a group of GE scientists, he worked at the University of California Radiation Laboratory, where they produced uranium-enriched U-235 in sufficient quantities for use in nuclear weapons.

After the war, Pollock returned to Schenectady, where he invented equipment that allowed for the creation of GE's Neutron Devices Department in St. Petersburgh, Fla. He retired from the GE lab in 1976.

-------- u.s. nuc facilities

-------- california

Singer's Suit Against Boeing Is Dismissed

Los Angeles Times
Saturday, December 2, 2000
By KATIE COOPER
http://www.latimes.com/editions/ventura/vcnews/20001202/t000115395.html

A federal judge has dismissed a lawsuit brought by rocker Vince Neil against Boeing North American Inc. that claimed the alleged dumping of toxic materials from the Santa Susana Field Laboratory near Simi Valley led to the cancer death of his daughter.

Neil, the lead singer of heavy metal band Motley Crue, and his ex-wife, Sharise, filed the suit last year contending Boeing and its Rocketdyne division knowingly dumped hazardous materials, such as plutonium and uranium, near their former Chatsworth home, a few miles east of the field lab.

Their 4-year-old daughter, Skylar, was diagnosed with a rare form of cancer in 1995 and died four months later.

But after Neil's attorney, David M. Cordrey, failed to provide documents requested by the company as part of its preparations for the case, U.S. District Judge Audrey B. Collins this week dismissed the lawsuit.

Collins had ordered Cordrey to produce the documents and levied sanctions against him for allegedly not cooperating in the case. Neither he nor the Neils appeared in court to contest dismissal of the case.

"I don't really know what the problem was," said Gary M. Black, chief in-house counsel for Boeing. "They finally just exhausted the court's patience."

-------- colorado

Army to Detonate Old Bombs Found at Former Weapons Plant in Colorado

New York Times
December 2, 2000
By MICHAEL JANOFSKY
http://www.nytimes.com/2000/12/02/national/02BOMB.html

DENVER, Dec. 1 - State officials agreed today to allow the Army to detonate small bombs filled with a toxic liquid that were recently discovered on the grounds of a defunct weapons plant north of Denver.

After meeting with Army officials, Gov. Bill Owens said experts would build a large structure over the site at the Rocky Mountain Arsenal where six bombs were found, detonate them, then search the site for any more bombs below the surface.

"This system has been used many, many times," Mr. Owens told reporters after considering five options of disposal presented to him by Gen. John G. Coburn, commander of the Army Materiel Command. "It's good for Colorado; it's also good for employees and staff at the arsenal."

The small bombs, three of which were found to contain sarin, a potentially lethal substance, were produced at the arsenal in the 1950's as part of the nation's cold war weapons buildup. Production stopped in the 1970's, and cleanup began. By 1989, a large part of the arsenal's 27-square- mile grounds was turned into a wildlife preserve for dozens of species.

In October, munitions experts combing an area of the site that was always off-limits to the public spotted the first of the small bombs. One bore a serial number that suggested it was part of what Mr. Owens described as a "pre-production test." The small bombs were designed to be placed inside a rocket, from which they would be released in the air to explode on impact. But they were never used.

Once they were found, in a scrap heap over an abandoned parking lot, weeks of discussions over disposal methods followed, and it was only after Mr. Owens and several Colorado lawmakers wrote letters of concern to the Army that officials drew up a list of proposed methods.

Mr. Owens said the state agreed to detonation over other means, including chemical dissolution, because it satisfied several safety requirements that state health officials had said were crucial. The Army has agreed to build a structure about the size of a football field over the site to minimize the possibility of gas or liquid escaping. Parts of the refuge are only a mile away; the nearest homes and business, about two and one-half miles.

The building would remain in place until officials were convinced that no other bombs remained.

Mr. Owens said the Army would need up to seven weeks to build the structure and detonate the known bombs.

When the first bomb was found, the refuge was closed to the public. Mr. Owens said that once the rest of the area under the structure was cleared, the refuge would be reopened.

-------- utah

Stroll in Desert Becomes Path To Discovery

Salt Lake Tribune
Saturday, December 2, 2000
By Tom Wharton Salt Lake Tribune Columnist
http://www.sltrib.com/12022000/utah/49824.htm

Ramal Jones has spent a lifetime walking the desert near his boyhood home of Castle Dale. One day, such a stroll changed his life.

It was a spring morning in 1992 when Jones walked along the edge of a hill in a place where it would be logical to find fossilized dinosaur bones. His wife, Carole, who knew less about such things, strolled along the flats, where remains of prehistoric creatures are hardly ever found.

"All of a sudden, she started to holler," recalls Ramal Jones. "There were half a dozen little black fragments. These were bones. Another foot away, the edge of a rib was exposed."

The discovery was not completely accidental. Jones enjoyed studying geology, and had learned about a 70-million-year gap in paleontologists' knowledge. He also knew that dinosaur experts regularly ignore the Cedar Mountain formation of sedimentary rock in favor of the Morrison, where most of Utah's dinosaur fossils are found.

He theorized that the Cedar Mountain formation could hold the clue to the missing 70 million years. From 1988 to 1992, he and his wife wandered through the Emery County desert in search of bones.

After that fateful morning, Jones could not convince professionals to dig on the site. Finally, in 1993, he talked Don Burge, director of the College of Eastern Utah's Prehistoric Museum in Price, into examining the find.

Jones calls the discovery one of the most important events of his life. He stayed on the site alone that night.

"This is an animal that walked the earth 100 million years ago and we are the first ones to bring it to life," he says.

It was an important discovery scientifically as well. The hadrosaur duckbill dinosaur, named Eolambia Carolejonesi in honor of Carole Jones, is the oldest of its type to be found.

Things got even more interesting when Ramal Jones, who had worked in the nuclear field for General Electric, remembered that prospectors had searched the Cedar Mountain formation in the 1950s for uranium. Radiological survey meters detected gamma radiation given off by bone.

Jones, who worked as a radiation analyst at the University of Utah's Radiological Health Department at the time, began experimenting with a complex radiation-measuring instrument to help him find dinosaur bones.

He used his invention to discover fossils on the site for a crew of volunteers who paid to dig on what would be named the Carole/RJ site.

"When they found out I could find bones, those people got excited," Jones says. "Normally, when you go on a site, you dig a square here. When you don't find anything, you dig another square."

Using an improved instrument in June 1994, he discovered more bones. Another dig was conducted that September and a new early Cretaceous armored dinosaur was found. It would be named Animantarx Ramaljonesi in Jones' honor.

Jones used his instrument again in 1996 at Dinosaur National Monument to help paleontologist Dan Chure find a rare dinosaur skull. Though recognizing that Jones' patented fossil-finding machine has limitations, Chure was impressed.

"If it was not for his machine, that skull would still be sitting under the surface," says Chure. "He is the knight on the white horse. The machine is not a panacea for all of our problems, but it is an important tool. It is consistently more effective than any ground penetrating imagery that people have tried."

Jones, now 62, has a junior college degree. The find spurred him to go to the University of Utah to take geology and paleontology classes. He continues working in his Sandy workshop to perfect his machine.

His is proof that a person with curiosity, energy and patience can contribute to the world of science.

-------- us nuc waste

Indian Tribe Turns To Nuclear Waste

Associated Press
December 2, 2000 Filed at 1:50 a.m. ET
By THE ASSOCIATED PRESS
http://www.nytimes.com/aponline/national/AP-Nations-Wastebasket.html

SKULL VALLEY INDIAN RESERVATION, Utah (AP) -- Leon Bear knows the boundaries of his tribe's land by heart.

From the reservoir that provides water to his tiny village, Bear sweeps his arm across the parched valley, pointing out fences and smokestacks that ring the last remnant of his tribe's traditional lands. To the north, a magnesium plant sits on the shore of the Great Salt Lake; to the south, the Army tests equipment for exposure to nerve gas on a stretch of desert as large as Rhode Island. A bombing range and hazardous waste incinerator lie over the Cedar Mountains to the west; a stockpile of chemical weapons and the incinerator that destroys them sit to the east.

Now the tiny Skull Valley Band of Goshutes has agreed to turn its reservation into one of the country's largest nuclear waste dumps.

Opponents, including other tribe members, say the plan could endanger people, the wildlife of the West Desert and the region's economy.

But that hasn't stopped Bear from pressing forward with the project, which he says could be the only salvation for his dying tribe.

``They made that an industrial waste zone out there,'' said Bear, the Goshutes' tribal chairman and the project's main supporter. ``Nobody asked the Goshutes, 'Do you mind if we do this out here on your traditional territory?' Nobody said, 'Hey, it could be dangerous for you guys to be out here.'''

``When a neighbor does that to you, you don't want to be like them,'' he added. ``So we gave our neighbor, the state of Utah, an opportunity to be a part of this, and the first reaction was 'Over my dead body.'''

If Bear gets his way, about a square mile of the reservation will be fenced off for nuclear waste, and 450 acres will be covered with concrete pads. On top will sit 16-foot tall, concrete-and-steel casks filled with radioactive rods -- as many as 4,000 of them holding 40,000 metric tons of used-up nuclear reactor fuel.

The fuel will come from Private Fuel Storage, a consortium of eight power companies from California, New York, Minnesota, Wisconsin, Michigan, Georgia, Pennsylvania, Florida and Alabama. Neither the consortium or the Goshutes will say what the deal costs.

The consortium has promised to build a cultural center on the reservation to revive the tribe's fading language and crafts, Bear says, and has pledged to give Goshutes and other tribes the first shot at about 40 jobs at the site.

The money is sorely needed. Most of the estimated 150 Goshutes have fled the 17,000-acre reservation. Fewer than 30 remain, most living in a tiny cluster of run-down trailers. Jobs are virtually nonexistent.

It's not that the tribe hasn't tried. At the village entrance, the last examples of one failed project -- portable toilets and showers built for the military -- sit unused.

Only two real options remained: nuclear waste and gambling, an industry Mormon-dominated Utah considers nearly as toxic.

``How can you blame Leon?'' said Chip Ward, author of an environmental history of the West Desert and a project opponent. ``What's he going to do? Grow food? No one's going to buy a tomato off this land.''

But some Goshutes say the plan is tearing apart the tribe.

``We believe in our reservation as Mother Earth, and we're allowing our Mother Earth to be contaminated if we bring this waste onto our reservation,'' said Margene Bullcreek, a lifelong resident.

It's a far cry from the old days, when thousands of Goshutes roamed the Utah and Nevada desert, gathering native plants and hunting deer.

That changed in the first half of the 19th century, when the first Mormon settlers arrived, pushing the Goshutes west into the dry, desolate Skull Valley.

Today, the West Desert includes the Utah Test and Training Range, where the Air Force tests F-16 fighters and cruise missiles; Dugway Proving Grounds, a test center for chemical and biological weapons; Deseret Chemical Depot, which holds the Army's stockpile of nerve and blistering agents; and the Tooele Chemical Demilitarization Facility, where those chemicals are destroyed.

Other industries fill the spaces between military installations: Safety Kleen, which runs a hazardous waste dump and incinerator; Envirocare of Utah, which stores low-level radioactive waste and wants to take higher-level radioactive materials left over from dismantled nuclear power plants; and Magnesium Corp. of America, which regularly tops a federal list of the nation's biggest air polluters.

``There is certainly a history of getting on bended knee out here for these types of projects,'' said Steve Erickson of Downwinders, one of the groups opposing the project. ``The Great Basin has often been perceived as a vast, useless wasteland. We've opened the door for these kinds of projects, and we're finding it's getting pretty hard to close it.''

Gov. Mike Leavitt -- the first to say ``over my dead body'' -- is trying to block the project, saying transporting the waste on Utah's rail lines could lead to a catastrophe.

Environmentalists say that the spent fuel should be left at nuclear plants and they should be shut when they run out of storage space.

Despite the protests, the Nuclear Regulatory Commission has already approved safety measures for the project, and Bear says it's time for outsiders to admit they can't stop it.

``They want us to be self-determined and they want us to be self-governed, and yet when we make these judgments, they don't like it,'' Bear said.

---

Yucca Mountain May Store Waste

Associated Press
December 2, 2000 Filed at 12:03 a.m. ET
http://www.nytimes.com/aponline/national/AP-Yucca-Mountain.html
http://www.foxnews.com/national/120200/yucca.sml

LAS VEGAS (AP) -- The Department of Energy has been working behind the scenes with the nuclear industry to recommend that high-level nuclear waste be stored at Yucca Mountain, the Las Vegas Sun reported Friday.

The department is currently studying the feasibility of sending tons of highly radioactive garbage to the site, but it is prohibited by federal law from taking sides during the selection process.

A draft of a 60-page department overview concludes that Yucca Mountain is safe to store radioactive waste, even though an extensive study has not been completed.

Attached to the draft is a two-page note, written by department contractors, suggesting the overview is designed to help nuclear industry officials sell the Yucca Mountain project to Congress. The note says the overview ``makes a convincing case that Yucca Mountain is a technically suitable site for a repository ....''

Nevada Sens. Harry Reid and Richard Bryan, both Democrats, reacted angrily, calling the note evidence of bias by the department.

Ivan Itkin, director of the department's Radioactive Waste Management office in Washington, confirmed the note's existence, but disavowed its language.

``The department's position, as long as I'm director, is to do a professional job -- that is, to make a scientific and technical evaluation of Yucca Mountain to see if it's suitable for the repository,'' he said.

The note has been removed from subsequent drafts, Itkin said. Still, he acknowledged he is close to recommending Yucca Mountain as a safe site for the repository, which would store 77,000 tons of the nation's high level nuclear waste.

``We do not see any show-stoppers,'' he said. ``So far, the work that we've done leaves us to suspect this could be a suitable site. But we need to do further scientific work.''

Yucca Mountain, 100 miles northwest of Las Vegas, is the only site being studied by the federal government to entomb the nation's high-level radioactive waste.

The final decision rests with the next president, Itkin said.

In visits to Nevada during the presidential campaign, both Texas Gov. George W. Bush and Vice President Al Gore promised they would veto any legislation making the site a temporary nuclear storage facility.

Nevada scientific experts have called the site unsafe.

Bob Loux, executive director of the Nevada Agency for Nuclear Projects, described the draft overview as a ``slick sales brochure.''

``The Department of Energy never surprises me,'' Reid said. ``They can't get out of bed with the nuclear power industry, and this is another example.''

Reid said he planned to bring Nuclear Regulatory Commission officials, who ultimately will decide whether Yucca Mountain is a suitable site, before the Senate Environment and Public Works Committee to make sure they understand his concerns. The committee has jurisdiction over the national nuclear waste plan.

The Energy Department overview says the price tag for the Yucca Mountain dump has soared to $58 billion, well above the previous $36 billion estimate. But it says the repository could be ready to accept its first nuclear waste shipment in 2010.

-------- MILITARY

-------- canada

Missile upgrade will beef up frigates' defence
High-tech weapons can destroy incoming cruise missiles, aircraft

Ottawa Citizen
12/02/00
David Pugliese The Ottawa Citizen
http://www.ottawacitizen.com/national/001202/4977632.html

The Canadian navy will spend $516 million to upgrade its fleet of frigates with new high-tech missiles capable of destroying cruise missiles and aircraft.

The purchase of the U.S.-made Evolved Sea Sparrow missile is the first of what the navy eventually hopes will be a $3-billion program to improve the weapons, radars and sensors on its fleet of 12 Halifax-class frigates.

The approval for the program is being seen by some defence analysts as a coup for the navy, given that hundreds of millions of dollars are being directed their way at a time when the army and air force are scrambling to finance equipment needs.

Canadian navy Capt. Greg Romanow, director of maritime policy, said technology improvements in cruise missiles and other rockets designed to skim just above the waterline prompted the military to buy the new Sea Sparrows to boost the protection on the frigates.

The weapons will be able to destroy incoming cruise missiles and other airborne threats to the navy's ships at farther distances and much faster than the older version Sea Sparrows already on board the frigates.

"We're really pleased it's happening now and we can get on with the modifications and the ships brought up to capability," said Capt. Romanow.

With the new Sea Sparrows being able to travel farther and faster, crews will have more reaction time to deal with any threat, he added.

The missiles will be ordered early next year but will not be delivered until 2003.

Canada is one of 13 countries taking part in the NATO Sea Sparrow program. Because it is one of the counties committed to financing research for the missile, part of the work will be done in Canada. Honeywell Canada of Mississauga has been selected for that job.

The work is expected to be worth about $160 million over a 10-year period, said Dennis Roberts, Honeywell's regional director for Canadian programs.

Honeywell Canada will build the system at the rear of the missile, which helps manoeuvre the weapon to its target.

"It's great work for us and it's in a long-term high-technology area that we're excited about," Mr. Roberts said.

He said Honeywell is hoping to use some of its Evolved Sea Sparrow technology in an anti-tank missile the Canadian and U.S. militaries are looking at developing.

Defence analyst Martin Shadwick said the Evolved Sea Sparrows are just one of a string of major equipment purchases for the navy at a time when the army and air force continue to struggle to free up money for their gear.

"In the past 10 years the navy has had the magic touch," said Mr. Shadwick, who teaches strategic studies at York University.

He said it was probably easier for the navy to get government approval for the new Sea Sparrows because it is part of a NATO program.

"It's harder to delay these things when it's a NATO project compared to when you have a for-Canada-only program," said Mr. Shadwick.

"Your partners in NATO require you to put up, or shut up."

The frigates were delivered to the navy between 1991 and 1996.

The ships will require what is known as a mid-life upgrade starting around 2005, which will involve improving communications, radar and other sensors on board.

-------- drug war

Police Call Seizure of Ecstasy Their Largest

New York Times
December 2, 2000
By WILLIAM K. RASHBAUM
http://www.nytimes.com/2000/12/02/nyregion/02ECST.html

A Brooklyn florist has been arrested with over 600,000 tablets of the drug Ecstasy in what federal agents and the police said yesterday was the New York area's largest single seizure of the popular drug sold in dance clubs and at all-night raves.

The man, identified as Charles Coppola, 58, was arrested Thursday morning in front of his home at 2714 East 65th Street in the Mill Basin section of Brooklyn by agents from the federal Drug Enforcement Administration and the city and state police, the authorities said.

Yesterday, Mr. Coppola was arraigned in Federal District Court in Brooklyn before Magistrate Judge Marilyn Dolan Go on a single count of possession with intent to distribute narcotics and was held without bail. At the arraignment, Jed Davis, an assistant United States attorney, said Mr. Coppola faced up to 10 years in prison if convicted.

Mr. Coppola's lawyer, Fern Schwaber, would not comment on the case.

A euphoria-producing synthetic stimulant, Ecstasy, which is also known as MDMA for the chemical compound that makes up its active ingredient - methylenedioxymethamphetamine - has become increasingly popular in recent years, officials said.

Lewis Rice Jr., the special agent in charge of the D.E.A.'s New York office, yesterday pointed to a study released Monday by the Partnership for a Drug-Free America that found use among American teenagers had doubled since 1995. He said the rise in the drug's popularity was being driven in part by traffickers who have carefully marketed the drug, a commodity from which they are making millions of dollars.

The drug is largely produced in Western Europe, often in the Netherlands, where it can be bought for 50 cents to $2 per tablet, he said. It is sold in New York and around the country for $20 to $40 per tablet, making a conservative estimate of the potential profit on the drugs seized from Mr. Coppola of more than $10 million.

The seizure is the second-largest in the United States, said Joseph Pentangelo, a D.E.A. spokesman. The largest, involving more than 2 million tablets, was made by U.S. Customs Service agents in July.

Some of the pills seized Thursday were found in the trunk of Mr. Coppola's rental car and others were found in his house, according to a criminal complaint filed in Federal District Court in Brooklyn by Frank Adamo, a D.E.A. special agent.

The complaint also said that the New York Drug Enforcement Task Force, made up of D.E.A. agents and New York City and state police investigators, had been investigating Mr. Coppola since January.

The Ecstasy tablets seized in the case are emblazoned with different logos, including four-leaf clovers and a silhouette of the cartoon character Tweety Bird, Mr. Rice said.

A law enforcement official said Mr. Coppola was a "low-level player" with one prior arrest for tax violations in 1992. During the arraignment, Mr. Davis, the assistant United States attorney, said Mr. Coppola has made several trips to Israel despite claiming a weekly income of just a few hundred dollars a week.

---

New York Times
December 2, 2000
World Briefing
http://www.nytimes.com/2000/12/02/world/02BRIE.html

BRAZIL: DRUG INQUIRY RESULTS A yearlong congressional inquiry into drug trafficking and money laundering has concluded with a report calling for the indictment of some 300 people and an overhaul of government counter- narcotics policies. Most of those named in the document are reputed drug dealers, but the investigating committee also recommended that charges be filed against 75 police officials, 30 judges, 25 businessmen and 30 elected officials, ranging from members of Congress to mayors. Larry Rohter (NYT)

-------- india/pakistan

Pakistan offers border truce

USA Today
12/02/00- Updated 09:39 AM ET
http://usatoday.com/news/world/nwssat03.htm

ISLAMABAD, Pakistan (AP) - Pakistan offered a truce Saturday to Indian soldiers along the disputed Kashmir border where the two armies routinely wage bitter cross-border gunfights. The offer made by Pakistan's Foreign Secretary Inamul Haq follows a unilateral cease-fire by India in the portion of Kashmir under its control. Militant Kashmiris are waging a bitter independence insurgency there.

Effective immediately, Haq said Pakistani troops deployed along the disputed border ''will observe maximum restraint.'' He called on India to reciprocate. The two armies frequently face off along the Kashmir frontier, with both sides claiming the other fires the first shot.

In Indian Kashmir, Major B. Shahne, a spokesman for the Indian army, said Haq's offer comes amid reduced firing along the disputed border.

''He (Pakistan foreign secretary) is really reflecting only what has happened on the ground. We welcome it. So far things seem to be working out,'' said Shahne. ''It is the militants who now have to be sorted out. Once their ingress stops, things will be quieter.''

Dozens of villages on both sides of the border have been abandoned by residents frustrated by the relentless cross-border dueling of the enemy armies. Scores of civilians on both sides of the border have been killed in the cross fire.

Both India and Pakistan lay claim to a united Kashmir, which was divided between them after the subcontinent gained its independence from Britain in 1947.

The two neighboring countries have fought two wars over Kashmir and last summer waged a bitter border battle that threatened to escalate into an all-out conflagration.

Nearly 11 years ago, militants launched an independence uprising in Indian-ruled Kashmir, demanding either outright independence or union with Islamic Pakistan.

Last month, India declared a unilateral cease-fire with militants to continue throughout the Islamic holy month of Ramadan, which ends in late December.

Since the cease-fire began nearly one week ago, Indian Kashmir's minority Hindu population has been targeted by attacks believed to have been carried out by secessionist rebels.

On Friday, four sleeping Hindu children became the latest victims in India's troubled state.

Unidentified gunmen barged into the home of Gian Chand in a remote mountainous village of Indian Kashmir and shot and killed the children, between 3 and 15 years old, police said.

The attack was the third on minority Hindus in Indian Kashmir since India's Prime Minister Atal Bihari Vajpayee halted all military operations against separatist groups last Tuesday.

Nineteen people have been killed in apparent militant attacks since the cease fire went into effect.

Meanwhile, Abdul Ghani Bhat, leader of the All Parties Hurriyat Conference - an alliance of 23 Kashmiri separatist groups - flew into New Delhi on Saturday, apparently to hold talks with India.

Bhat refused to give details of the prospective talks, including whether they would be direct or through a mediator.

''Let us not say anything before it happens,'' Bhat told The Associated Press before leaving Srinagar in Indian Kashmir for the Indian capital.

The political wing has agreed to hold separate peace talks with India. The militants, meanwhile, have demanded three-way talks that would include India, Kashmiri militants and Pakistan.

Haq dismissed Indian allegations that Pakistan controls the militants and said Islamabad was ready for immediate talks with New Delhi.

''Pakistan is prepared to enter into a meaningful dialogue with India,'' he said.

He said talks with the militants have to include Pakistan and should be accompanied by a reduction of Indian troops and an end to human rights abuses.

''We are testing Indian claims of cease-fire,'' Haq said. ''We want to open talks with India and resolve the Kashmir dispute peacefully. ... But the talks should be unconditional.''

-------- space

Shuttle Nearing Space Station and Causing a Traffic Jam

New York Times
December 2, 2000
By REUTERS
http://www.nytimes.com/2000/12/02/science/02SHUT.html

CAPE CANAVERAL, Fla. - As the NASA space shuttle Endeavour closed in on the International Space Station today, the astronauts who have been living on the station for a month dealt with their first traffic jam.

Two Russian Progress supply craft were already docked to the $60 billion complex, so to make room for the shuttle, Russian ground controllers undocked one Progress and parked it in orbit about a mile beneath the station.

Endeavour is on an 11-day mission to hang a pair of solar-power panels, described as wings, on the space station. The thousands of photoelectric cells on the panels, which stretch 240 feet from tip to tip and cost $600 million, will power the station for years.

The shuttle and its crew of five will arrive Saturday and extend the solar array, wings furled, into space to acclimate to the temperature. On Sunday, shuttle astronauts will execute a marathon spacewalk to attach the array to the station and unfurl the giant wings. It will be NASA's most complicated construction job.

Progress ships, which are virtually identical to the Soyuz spacecraft used to carry Russians to space for about 30 years, arrive as cargo ships and depart as garbage scows.

They bring in food, oxygen, fuel, clothing and space-station hardware. They take garbage back into Earth's atmosphere, where the friction causes the spacecraft to burn up.

In this case, the Russians may try to redock the ship after Endeavour departs. That is because the ship's automatic pilot failed when it arrived two weeks ago, and Lt. Col. Yuri P. Gidzenko, a Russian member of the station crew, had to complete the docking by remote control. The Russians want to see if they have fixed the problem with a software patch.

On the United States' side of operations, a redocking is somewhat controversial because a degree of risk is always involved. A runaway Progress ship collided with the Russian Mir station in 1997 and caused an air leak that almost forced the crew to abandon ship.

"We're still waiting for a report from the Russians about why they did not achieve a fully automated docking," said Bob Cabana, an astronaut and ground-based space-station manager. "We're waiting for the full report, and we're waiting for a rationale as to why we would do this."

-------- u.s.

Army Orders Peacekeepers to Sessions on Rights

New York Times
December 2, 2000
By JAMES DAO
http://www.nytimes.com/2000/12/02/world/02ARMY.html

WASHINGTON, Dec. 1 - The Army has ordered that all fighting units based in the United States undergo specialized training intended to prevent the possibility of human rights abuses by soldiers sent overseas on peacekeeping missions, Pentagon officials announced today.

The general in charge of training for all Army units based in the United States said in a memorandum released today that the lack of rigorous peacekeeping preparation for nearly 900 soldiers from the 82nd Airborne Division who were stationed in Kosovo contributed to "a failure in leadership" in at least one company that was later linked with using excessive force and, in one case, murder.

The Army inquiry was prompted by the murder of an 11-year-old Albanian girl by Staff Sgt. Frank J. Ronghi, who pleaded guilty to the murder and sodomy of Merita Shabiu. Sergeant Ronghi was a member of the cited unit, Company A, which was part of the Third Battalion, 504th Parachute Infantry Regiment of the 82nd Airborne. He was sentenced to life in prison by a military court in August.

The memo by Gen. John W. Hendrix, commander of the U.S. Army Forces Command, also recommended that the Army review the promotions or favorable assignments given to other soldiers and officers from the 82nd Airborne who were accused of misconduct, or of condoning misconduct, in Kosovo.

Four officers and five enlisted soldiers from the 82nd Airborne have been punished, including the battalion commander, Lt. Col. Michael D. Ellerbe. Colonel Ellerbe has since been selected to attend the Army War College, which is typically a steppingstone to promotion.

While not directly recommending that those soldiers lose their promotions, General Hendrix sharply criticized them for the "crimes and abuses" within Company A.

"In their actions, these leaders clearly failed to set the proper moral and ethical tone for the unit," General Hendrix wrote.

Though General Hendrix's memorandum does not offer sweeping assessments of America's peacekeeping operations around the world, it could provide some fodder for a debate, which came into sharp focus during the presidential campaign, over the proper role for the military in such missions.

Gov. George W. Bush argued that American troops are overextended and that the nation should scale back its global peacekeeping efforts. Vice President Al Gore has articulated a broader vision for using American military might around the world.

The 82nd Airborne was among the first American-based units sent to Kosovo for peacekeeping purposes, arriving for a six-month tour in September 1999. General Hendrix said in his report that because of late notification of the deployment, the battalion underwent an abbreviated training schedule, which did not include what the Army calls a mission rehearsal exercise.

Such exercises attempt to simulate conditions that troops are likely to encounter: in this case, dealing not so much with enemy soldiers, but with confrontations with angry civilians, demonstrators and feuding ethnic groups. Such exercises use mock villages and role-playing, last several days and can be as stressful as combat training, Army officials say.

The lack of that rigorous training made it difficult for the Army to weed out weak leaders or identify bad soldiers in Company A, General Hendrix asserted in his memo.

To ensure that all peacekeeping troops experience the rehearsal exercises in the future, General Hendrix said he has ordered all commanders to submit their training plans to his office for review.

General Hendrix's orders apply only to troops based in the United States. Those represent a majority of service personnel, and will include Army Reserve and National Guard units. Pentagon officials said no decision has been made on expanding his orders to units in Europe or Asia.

In his memorandum as well as in recent remarks to reporters, General Hendrix has been careful to emphasize that he did not think that there were broad, systemic problems with the training of American peacekeeping forces. He has also insisted that he does not believe that there are deep cultural problems with the 82nd Airborne that might have contributed to many forms of misconduct in Kosovo.

-------- OTHER

-------- environment

On Hudson, Cleanup Idea Stirs Emotions

New York Times
December 2, 2000
By KIRK JOHNSON
http://www.nytimes.com/2000/12/02/nyregion/02DRED.html

SCHUYLERVILLE, N.Y., Nov. 26 - Michael McLoughlin is a celebrity. Mr. McLoughlin, a 43-year- old lumberyard salesman, had a brief appearance in a recent General Electric television advertisement about the Hudson River and why the company should not be forced to dredge the bottom to remove PCB's it put there. The river is cleaning itself naturally, the ads all say, and Mr. McLoughlin agrees.

Off camera, Mr. McLoughlin's feelings about General Electric and the river are more complicated. He has a cousin who is suing G.E. for $6 million, charging that PCB's contributed to her husband's death from a rare blood disease. But like many people along this stretch of the upper Hudson just south of G.E.'s old factories, Mr. McLoughlin knows things have gotten better. He well remembers the period during his childhood in the 1960's and 1970's when the river was so fouled he had to paw through the matted scum of its surface to go for a swim.

"I have a reason to be against G.E.," he said. "But I also really believe the river is cleaner now."

The federal Environmental Protection Agency has said it will make its long-awaited decision on whether to dredge the Hudson by the end of the year, and with that deadline looming, the fate of a river that at different times has provoked awe and disgust is in the balance.

For many of the people in politics, business and environmental conservation who have been drawn into the controversy, the mighty river has been distilled into a series of neat debating points. It has become a cause and a symbol for those who do not live on a daily basis with the Hudson and the anxieties about its cleanup.

But in places like Schuylerville (pronounced SKY-ler-vill), an old mill town about 30 miles north of Albany along the most PCB-laden stretch of the Hudson, the river is too big, too close, too much a part of life to be constrained by tidy answers. The region's tangled relationship with G.E., which has had a deep historic presence in this part of the state, complicates the local equation further still, as does the disdain that many people here feel for big government. Many residents also fear that an aggressive dredging cleanup could repollute the river they love, and they find themselves unable to trust either side to come up with the right answer after decades of procedure and posturing and politics.

"People are definitely confused," said Marion Trieste, a Schuylerville resident and environmental consultant whose front yard is dominated by a sign reading, "Clean up the Hudson River."

Ms. Trieste, who has been giving presentations in favor of dredging to town boards in the area, said the concerns she hears involve land as much as water, with many politicians and property owners worried that their communities could become landfill sites for contaminated bottom sludge.

The E.P.A. has also alienated many local residents, Ms. Trieste said, with policies and procedures that can seem secretive or dictatorial. "A lot of distrust has evolved," she said.

For nearly 40 years, until 1977, General Electric was permitted by the state of New York to dump PCB's, or polychlorinated biphenyls, into the Hudson River from its electric capacitor plants in Fort Edward and Hudson Falls, just upriver. More than a million pounds of the chemical, which has been linked to cancer in humans and reproductive problems in wildlife, was washed into the water, and it flowed downstream and settled onto the bottom, creating plumes and hot spots that were then covered by layers of mud and sediment.

The company has spent tens of millions of dollars on scientific tests showing that the PCB's are safely entombed beneath the silt layer. The E.P.A., which designated the Hudson a national Superfund site in 1984, has said that unacceptable amounts of PCB's are still escaping and working their way into the air and the tissues of fish. The river is unquestionably cleaner than it was a generation ago, the agency says, but the problem of PCB's has not gone away.

The river's future was the focus of study after study and numerous battles in Congress as allies of General Electric tried legislative means to reduce the chances of a dredging order. In the mid-1980's, with PCB levels declining, the federal government took a wait-and-see attitude. It later decided that the pollution levels were not dropping fast enough, a reconsideration that has fueled speculation that the E.P.A. will order some form of dredging.

But as the story moves forward from here, places like Schuylerville will play an increasingly important role. Under federal law, the E.P.A. must consider local opinion through a public comment period beginning after an E.P.A. order is issued. General Electric has waged the battle for hearts and minds through its extensive advertising campaign.

Gov. George E. Pataki weighed in recently on the other side, saying he believes that an active cleanup is necessary.

Some people who live here say that what they fear most is a giant multi- year industrial cleanup operation that could destroy the cleaner river they have come to love. Tanya Mason, a bartender at Al's River Edge, on the eastern bank of the Hudson just across from Schuylerville, came to upstate New York from Florida 12 years ago. Ms. Mason, known to one and all as "T," is a self-described water rat. She lives by the river and often goes for a swim after work, in the early hours of the morning. She and bar's owners have created a new tradition of summer river parties.

"We have a couple of toddies and when we think we need to sober up a little bit, we jump into the water for awhile," she said. "The river is a blast - the river is fun."

Ms. Mason said she believes that dredging would spoil the fun, repollute the water with stirred-up toxins and chase away the wildlife that she says has become abundant. But she is no fan of General Electric, which she thinks should be fined a billion dollars or more - roughly the cost of dredging - as punishment for past environmental sins. "What they did wasn't right," she said.

Inside the tiny offices of the Schuylerville Insurance Agency, the nuances of dredging have become an element of office politics.

Barbara Rosa, the agency's insurance broker, thinks the river should be left alone. Renee Sweet, who comes in during school hours to help with clerical work, favors dredging. Prompted by a reporter who wandered in to ask their opinions, they began sparring like boxers.

"G.E. polluted our water, and now they say, `We don't want to fix it up because it will cost us a billion dollars,' " Ms. Sweet said.

"Hey, I'm not saying they shouldn't pay for it," Ms. Rosa shot back.

"Well, how can they pay for it if no one's allowed to dredge?" Ms. Sweet asked. "What are they going to do, put some chlorine in it every week?"

"They should put the money back into all these river places, building docks and that kind of stuff," Ms. Rosa said. "But I don't think they should dredge, I really don't."

At Rose's Country Kitchen, the opinions were just as divided and strongly held. Greg Frei, a tattooed Army veteran who walked into the restaurant one day 10 years ago and bought it, more or less on a whim, thinks the river should be left alone.

Rich Furlani, who owns a nearby pizzeria and was in Rose's having breakfast, thinks General Electric should be banned from doing business in the state until the river is dredged and cleaned. Barbara Kubish, who has lived all her life just north of here near Thompson Island, which is considered the most PCB- polluted spot in the whole river, also thinks the Hudson is cleaning itself, but she says her next door neighbor is just as vociferous in demanding that it be dredged.

As in any small town, though, much of the passion gets muted by the fact that people here will have to live with each other, come what may.

When Mr. McLoughlin, who is probably the town's biggest symbol of anti-dredging opinion because of his unpaid appearance in the General Electric commercial, dropped in for a plate of eggs one recent morning, he was greeted with only the mildest of teasing. Even some of the people who disagreed with his views could recite his one spoken line, immortalized by the cameras.

"Why mess with nature?" they chanted good-naturedly across the smoky little diner.

---

Judge Blocks Landfill Beside Historic Trail

New York Times
December 2, 2000
National News Briefs
http://www.nytimes.com/2000/12/02/national/02NATI.html

MONTGOMERY, Ala., Dec. 1 (AP) - A judge has temporarily blocked a developer's plan to build a landfill beside the historic Selma-to- Montgomery voting rights trail.

Judge Sally Greenhaw of Circuit Court on Wednesday stayed the state permit for the landfill near Lowndesboro until Alabama's environmental agency adopts a solid waste management plan for the state.

Susan Copeland, a lawyer for landfill opponents, said it could take years to conduct the studies and public hearings for a statewide plan.

"We can't say it's over, but it's pretty close to it," Ms. Copeland said.

In July, the State Department of Environmental Management had issued a permit for the 230-acre landfill just off Route 80, which the Rev. Dr. Martin Luther King Jr. and other civil rights protesters took to Montgomery in 1965 after an earlier group was beaten by state troopers.

-------- imf / world bank

I.M.F. to Rush Financial Aid to Turkey

New York Times
December 2, 2000
By BLOOMBERG NEWS
http://www.nytimes.com/2000/12/02/business/02TURK.html

WASHINGTON, Dec. 1 - The International Monetary Fund said today that it would rush additional financial aid to Turkey after investors pulled $6.2 billion from the economy in two weeks and interest rates surged to 1,700 percent.

Horst Köhler, the managing director of the fund, endorsed Turkey's decision to accelerate the sale of a stake in the state phone company and cap overnight borrowing by banks. The fund is pushing the government to shore up the teetering banking system rapidly, even if that means seizing more lenders that cannot meet their obligations, analysts said.

The fund is scheduled to approve a $566 million loan to Turkey later this month as part of a $3.7 billion package approved last year. An additional emergency loan could be worth as much as $6 billion more, analysts said. Two teams of experts from the fund were expected to visit Turkey this weekend.

Investors began a run on the country's foreign-exchange reserves earlier this month because of concerns that the government was not committed to revamping the banking industry and other aspects of the fund's economic program. When the central bank called a halt to the extraordinary daily debt-repurchase auctions it had been holding to ease a cash squeeze for troubled banks, interest rates skyrocketed to levels not seen since a 1994 banking crisis.

---

Europeans Challenge U.S. Limits on Steel Imports

New York Times
December 2, 2000
By ELIZABETH OLSON
http://www.nytimes.com/2000/12/02/business/02WTO.html

GENEVA, Dec. 1 - The European Union filed a complaint with the World Trade Organization today, challenging United States import restrictions on two steel products.

The European Commission, the administrative arm of the European Union, said the restrictions - tariffs on imports of steel wire rod and welded pipe - violated free trade rules and had caused substantial damage to European companies.

The restrictions affect about $149 million in European exports, which means European companies are "being denied or restricted access to a very substantial market," the European Union said.

World Trade Organization rules allow such import restrictions if imports of a specified product hurt a domestic industry, but the measures are required to be temporary and must be applied to all of the trade body's members.

The United States "was wrong to conclude that increased imports of these two products in the U.S. caused or threatened to cause serious injury to U.S. producers," the European Union said.

The issue of steel has been building in recent years, with the Europeans chafing at moves by the United States to protect its domestic steel industry. The United States has said its struggling steel industry has been overwhelmed by cheap foreign imports, leading to closings and layoffs.

The United States already has one complaint against it at the trade organization by South Korea, which is challenging restrictions on welded steel pipe. The European Union is participating as a third party in the case.

Last February, the Clinton administration decided to impose three- year restrictions on steel imports to give struggling steel producers and workers a breather from lower-cost products. It estimated that about $410 million in wire rod, used in cables and hangers, and pipe imports would be affected, only a fraction of the $13.8 billion in steel imports.

In contesting the duties, Europe said American domestic steel makers were not being harmed by the imports and such duties should be restricted to emergency situations. United States trade officials have, however, defended the measures as consistent with the World Trade Organization's rules.

The first step in the process calls for both sides to begin consultations. If those talks fail, the European Union could ask for a dispute settlement panel to examine and rule on the permissibility of the measures, a step not possible until next year. Or the issue could be settled politically at a summit meeting between the United States and the European Union this month in Washington.

-------- police

Data on Racial Profiling Was Limited, Ex-Attorney General Says

New York Times
December 2, 2000
By IVER PETERSON
http://www.nytimes.com/2000/12/02/nyregion/02VERN.html

TRENTON, Dec. 1 - Justice Peter G. Verniero of the New Jersey Supreme Court defended himself for the first time today against accusations that he misled lawmakers last year about the extent of his knowledge of racial profiling by the state police when he was attorney general.

In a prepared statement, Justice Verniero repeated his earlier assertions that the evidence he was given on racial profiling was imprecise and contradictory during most of his three years as attorney general, and became conclusive only in the last weeks of his tenure, when he took steps to stop it.

Since much of what he said today was familiar, Democratic leaders in the State House dismissed Mr. Verniero's statement as incomplete and evasive. And they repeated their charge that he dissembled about the extent and timing of his knowledge of racial profiling when he was undergoing confirmation hearings for the court in the spring of 1999.

In the two-page statement, released through the lawyer he has retained to handle a number of racial profiling suits that involve him, Mr. Verniero repeated his confirmation testimony that, although he was aware of allegations that state troopers were stopping an inordinate number of black and Hispanic drivers in South Jersey, the full extent of the practice was not compelling enough to act on until April 1999, when he issued a report calling the problem "real, not imagined."

A large repository of official documents released Monday by the current attorney general, John J. Farmer Jr., disclosed that state officials had been aware for some time that troopers were using race as the basis for traffic stops. Mr. Verniero's critics, mainly rival Democrats and lawyers suing the state over profiling, maintain that he must have known of the practice and failed to stop it, and then denied that knowledge when Gov. Christie Whitman sent his court nomination to the Senate.

"Reasonable minds may differ regarding the timeliness of my actions," Mr. Verniero said in his statement. "I believed then, and still believe, that reforms of the magnitude announced in 1999 required a clear and compelling basis if they were to be viewed with legitimacy and have any hope of succeeding."

In only a hint of an admission that he might have acted sooner, Mr. Verniero added, "Although the basis for such reform may have begun to develop in 1996 and 1997, it did not become sufficiently compelling, in my opinion, until 1999."

This was not good enough for the Democrats.

"It's so cloaked in legalese it's hard to tell what he is trying to say," said Richard J. Codey, the Senate minority leader. "Deciphering its meaning might even rival the debate that raged over Bill Clinton's definition of what `is' is."

Mr. Verniero has come under increasing pressure as evidence has emerged that state officials knew racial profiling was widespread on the New Jersey Turnpike. Some Democrats have spoken of impeaching him for his failure to act on the problem sooner and for what they say was his failure to disclose his knowledge of the problem while under questioning from Democrats during his confirmation hearings.

Impeachment is unlikely, other legislators say, but William L. Gormley, chairman of the Senate judiciary committee, has all but committed himself to calling Mr. Verniero to testify when his committee holds hearings, likely to begin in February, on what state officials knew about profiling and when they knew it.

"This is a complex story about New Jersey in the last 15 years of its history, and what I am not going to do is single out any one person, " Senator Gormley, a Republican, said today. "Anyone who is germane to the review is going to be called, and when they are called they are going to testify under oath." Mr. Gormley added that anyone refusing an invitation to testify would be subpoenaed.

The issue of racial profiling first crept into public consciousness in 1996, when a group of minority drivers, with Pedro Soto as the lead plaintiff, sought to have evidence against them that was seized in a traffic stop quashed on grounds that they were stopped because they were Hispanic and black. Their lawyer, William Buckman, asked the attorney general's office to turn over any information it had about racial profiling, and received none.

The 1998 shooting of three unarmed minority men by state troopers on the turnpike galvanized the issue politically, and a year later, Mr. Verniero made his acknowledgment that the problem existed.

In his statement today, Mr. Verniero insisted that, except for the allegations in the Soto case, he had not been aware of any "statistical analysis" showing racial profiling to be a problem. "Subsequently," he added, without being specific, he became aware of other police data that showed similarly high levels of traffic stops involving minorities.

"However," Mr. Verniero said in a key part of his statement today, "the interpretation of that and other data was in dispute, the Soto case was on appeal, and other information I received was contradictory."

After reading his statement today, Mr. Buckman, the lawyer in the Soto case, asked how Mr. Verniero could withhold even contradictory evidence from the plaintiffs.

"At a minimum he is confirming a very serious lapse on his part," Mr. Buckman said. "Even if the information he had was conflicting, it should have been turned over to the defendants in Soto, the attorneys and, most likely, the public."

---

Cameras Are Backed in Local Police Cars

New York Times
December 2, 2000
By THE ASSOCIATED PRESS
http://www.nytimes.com/2000/12/02/nyregion/02WHIT.html

TRENTON, Dec. 1 - Gov. Christie Whitman's concern about racial profiling expanded today to include municipal police departments, as she promised to install video cameras in local patrol cars statewide.

Mrs. Whitman said her budget staff was working on a plan that she intended to include in her budget for 2001-02. Her budget proposal is due next month and will be submitted for five months of legislative review.

Neither the governor nor her staff offered any details on whether the program would be mandatory or would involve grants that local governments would have to match. Since late 1998, the state police have equipped about 760 marked patrol cars with video cameras at a cost of about $2.5 million. The investment works out to $3,330 per car. Mrs. Whitman said that she would want the state program to outfit about 5,000 local patrol cars over three years.

The troopers' video cameras activate when the driver of a patrol car turns on the lights and proceeds with a traffic stop.

Civil rights leaders have long contended that reforms to end racial profiling must extend beyond the state police to local police as well.

Although Mrs. Whitman did not echo the suggestion that there was evidence of racial discrimination problems in local and city police agencies, she cited the video cameras as a main step to eliminate these concerns for the police force she controls. "These cameras not only help protect the innocent but also assist our state police as they do their jobs," she said. "Now I want to take that initiative one step further."

---

`I Testified Truthfully,' Verniero Says in His Statement

New York Times
December 2, 2000
http://www.nytimes.com/2000/12/02/nyregion/02VTEX.html

Following is the text of a statement released yesterday by Justice Peter G. Verniero of the New Jersey Supreme Court about his knowledge of racial profiling by the state police when he was state attorney general:

This week the attorney general's office released approximately 90,000 pages of documents concerning the subject of racial profiling. I have decided to depart from the judiciary's usual custom of refraining from comment, because of the number of questions concerning my tenure as attorney general and my April 26, 1999, testimony before the Senate Judiciary Committee.

I testified truthfully before the Senate Judiciary Committee. I would be pleased to respond to requests for clarification of my prior testimony or to respond to additional questions by the committee.

As I correctly stated in my prior testimony, I was not aware of statistical analyses outside of the State v. Soto record when taking office in July of 1996. Subsequently, I became aware that some state police data indicated that the number of stops involving minority motorists on the southern portion of the turnpike remained near the level reported in the Soto case. However, the interpretation of that and other data was in dispute, the Soto case was on appeal and other information I received was contradictory.

If efforts to deal fairly and effectively with allegations of racial profiling were to be successful, the issue had to be scrutinized in its totality. Examining only one aspect - be it statistics or evidence gathered through personal interviews - would have painted an incomplete picture, which in turn, would have resulted in flawed conclusions.

For me, the turning point occurred after the 1998 turnpike shooting incident, when suspicions arose that data concerning the race of occupants of vehicles stopped by some troopers were falsified. The allegations of falsified data were not evident to me as my office dealt with profiling allegations through 1996 and 1997.

My perceptions concerning certain law enforcement practices changed following that incident. I viewed the issue in a far different light, one which led me to believe that not only was the prospect of profiling real, but that it would require a strong and forceful response. That response is contained in the April 20, 1999, interim report of the State Police Review Team regarding allegations of racial profiling.

During much of my tenure, the state police was viewed by many law enforcement professionals, including the federal government, as a model agency. My role as both department head and attorney for the state required me to walk a fine line between representing the state police and ensuring that all citizens were treated equally in the eyes of the law. In achieving that balance, with each important decision, I tried to do what I believed was right and in the best interests of New Jersey.

My job as the state's attorney was to cooperate with federal authorities while still maintaining the state's legal interests. Thus, on the record before me in 1996 and 1997, I would not have agreed to enter into a federal consent order if one had been proposed by the Justice Department during that period. Importantly, the federal government did not propose such an order at that time. Consistent with my dual roles, we responded to all information requests in a manner satisfactory to the Justice Department.

I take full responsibility for my actions as attorney general. Reasonable minds may differ regarding the timeliness of my actions. I believed then, and still believe, that reforms of the magnitude announced in 1999 required a clear and compelling basis if they were to be viewed with legitimacy and have any hope of succeeding. Although the basis for such reform may have begun to develop in 1996 and 1997, it did not become sufficiently compelling, in my opinion, until 1999.

We now have the benefit of a decadelong record, assembled in a single repository, on which to base a review of these issues. That record was not before me in 1996 and 1997.

---

Colleague Changed Story on Beating, Officer Says

New York Times
December 2, 2000
By RONALD SMOTHERS
http://www.nytimes.com/2000/12/02/nyregion/02ORAN.html

NEWARK, Dec. 1 - A lieutenant in the Orange Police Department testified today that a fellow lieutenant, who is among the five officers accused of beating and pepper- spraying a suspect who died in custody, admitted at first to being present at the suspect's arrest but then denied it once a grand jury began investigating the incident.

The witness, Lt. Mike Gannon, a supervisor who was responsible for pepper spray supplies and training protocols for its use, also said that any use of pepper spray by officers required documentation in a report. Under questioning by prosecutors who tried to show a wide-ranging cover-up, he said that no such reports had been filed in the incident on April 11, 1999, that ended in the death of the suspect, Earl Faison. Lieutenant Gannon's testimony came in the fourth week of a trial in Federal District Court here. The five officers are charged with violating Mr. Faison's civil rights by beating him and then taking him to a deserted stairwell in police headquarters, where pepper spray was directed into Mr. Faison's face.

Mr. Faison, 27, was picked up during the mistake-riddled search for the killer of an Orange police officer, Joyce Carnegie. Mr. Faison had asthma, and died of what the medical examiner termed "acute exacerbation of bronchial asthma." Another man, Condell Woodson, later pleaded guilty to killing Officer Carnegie.

Today, under questioning by the assistant United States attorney, Luis Valentin, Lieutenant Gannon testified that Lt. Thomas Smith, a longtime friend who is now retired, told him in passing on the night of April 11 that he had been at Mr. Faison's arrest. But in August, as a grand jury was calling officers to testify about the incident, Lieutenant Smith came in to work one day looking agitated, Lieutenant Gannon said. Lieutenant Smith, he said, complained that two officers told the grand jury that he had been at the arrest.

"Did you confront your friend on the inconsistency?" Mr. Valentin asked.

"No," said Lieutenant Gannon.

Lieutenant Gannon also conceded that he had initially lied to the grand jury about what he had been told by other officers about the arrest and subsequent treatment of Mr. Faison, as well as what he knew about the possible use of pepper spray that night. Under heated cross-examination by Mr. Smith's lawyer, Michael Chertoff, Lieutenant Gannon admitted that he had gone back to the grand jury with a fuller version of things, partly out of an "attack of conscience" but also to protect himself from the likelihood that investigators would receive other information exposing his earlier lies.

Lieutenant Gannon also admitted that he had been lax in his responsibilities in buying and keeping track of the department's supplies of pepper spray.

Earlier in the week a state toxicologist and a Federal Bureau of Investigation chemist testified that they had found no traces of the active ingredients of pepper spray in Mr. Faison's clothing or lung tissue. But both pointed out that their findings could mean only that the substances were in insufficient amounts to be detected by their equipment. Prosecutors highlighted this possibility to fend off inevitable defense claims that accounts by prosecution witnesses that the officers shot the spray for three seconds were not supported by physical evidence.

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Escort of Voyeur Bus Suspended by Police

New York Times
December 2, 2000
By WILLIAM K. RASHBAUM
http://www.nytimes.com/2000/12/02/nyregion/02NAKE.html

A police officer was suspended without pay yesterday after he used his marked patrol car with its dome lights flashing to escort a glass-enclosed bus through Midtown Manhattan as naked women danced inside and blew kisses at passers-by, the police said.

The women and nine other people on the bus were charged with disorderly conduct Thursday night because the police said they were creating a "public alarm." The bus was driving through Manhattan to promote a Web site that provides live- camera feeds of nude and semi-nude young women cavorting on the bus.

The officer, Michael Minervini, 30, who was on duty at the time, was suspended without pay, and the department is investigating his role escorting the bus as accounts of its route were broadcast live over a local radio station. A senior police official said investigators believed that Officer Minervini knew some of the people on the bus.

The bus, like the Web site on which its occupants' activities are displayed, is owned by a Florida company that runs sex-related Web sites. Visitors to the bus's Web site can pay $4.95 a month to view the bus activities live.

The bus's owners said Thursday night that they were trying to exercise their First Amendment rights to free speech and support freedom of expression.

Police Commissioner Bernard B. Kerik said yesterday that the topless women danced and flirted with onlookers through the bus's floor-to- ceiling windows as it threaded its way through Manhattan, from the island's southern tip, up Church Street and up Sixth Avenue. The police stopped the bus, which has the Web site's address, voyeurbus.com, emblazoned on its side, about 6:30 p.m. at West 40th Street beside Bryant Park, near a hotel where President Clinton was to attend a cancer research fund-raiser later in the evening.

The 15 people aboard the bus were charged with disorderly conduct and were still awaiting arraignment last night.

The radio personalities who had tracked the bus's movements on Thursday, Opie and Anthony, opened their show yesterday on WNEW-FM with the song "I Fought The Law," which features the refrain "I fought the law and the law won." The radio show is known for its ribald and sometimes crude humor.

One of the radio personalities, Anthony Cumia, said yesterday that four of the women arrested were listeners who had "wanted to participate in what the Voyeurbus is about." The other two worked for the Web site.

Mr. Cumia complained that the women and the bus's other occupants, including the radio show's producer, Rick Delgado, were still being held last night, a situation that Mr. Cumia called "outrageous."

"There isn't even a crime here and they have been held for over 24 hours," he said. "No one that's being charged with a violation should spend over 24 hours in a jail cell, cuffed for over 9 hours." He said he had no idea how Officer Minervini came to escort the bus.

Some New Yorkers were not amused. Chris Osborne, a banker, was taken aback by the display, which he saw as the bus rolled slowly up Sixth Avenue.

"I'm a New Yorker and I thought I saw everything, but I was shaking my head," he said, adding that as the bus moved up the avenue behind its police escort, one of the women, clad only in a G-string, was blowing kisses to the men standing on the street corners.

Speaking yesterday at City Hall with Mayor Rudolph W. Giuliani by his side, Commissioner Kerik said that he did not believe initial reports that a busload of topless women was driving around Manhattan. But he said that the police had videotaped the bus, with its occupants capering inside to both the delight and horror of passers-by.

"Six nude women were on the bus, with a number of males," he said. "The bus was a very large bus and it had window panes, or portions of the bottom of the bus to the top, and they were basically dancing and flirting with a number of people outside the bus."

The senior police official, who spoke on the condition of anonymity, said that once the bus was pulled over, Officer Minervini drove away, but the officers who had pulled the bus over wrote down his patrol car's number, and he was later identified. The official said he was assigned to the Manhattan South Task Force, where he was responsible for collecting evidence from the scenes of less serious crimes.

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Defense for accused American spy rests its case

Cleveland Plain Dealer
Saturday, December 02, 2000
By DAVID HOFFMAN WASHINGTON POST
http://www.cleveland.com/news/index.ssf?/news/pd/w02spy.html

MOSCOW - Lawyers for Edmond Pope yesterday concluded their defense against espionage charges by disclosing that Kazakhstan sold to China 40 of the high-speed torpedoes for which Pope is accused of buying secret blueprints. The lawyers claimed the torpedo data is now available in several countries outside of Russia, was not secret and that Pope should be acquitted.

Pope, 54, a retired U.S. naval intelligence officer and Pennsylvania businessman, has been on trial behind closed doors for seven weeks on charges of spying after buying reports about the super-fast Shkval underwater missile. Pope has denied he was spying and said he only sought open information.

Lawyers Pavel Astakhov and Andrei Andrusenko, in their closing arguments, quoted from a letter that Russia's foreign intelligence service had included in the court proceedings. According to the letter, the service said "it possesses information that in 1998 Kazakhstan supplied 40 domestically produced Shkval torpedoes to China that had been produced at Kazakhstan factories remaining after the collapse of the Soviet Union."

The Shkval is a 8.2-meter-long, 2,700-kilo super-fast underwater rocket developed in Soviet times to carry a nuclear warhead in a last-ditch attack on an aircraft carrier or battleship. Not particularly accurate, it has been of interest to other countries because of its high velocity through the water.

Pope was arrested in April after purchasing design materials about the torpedo from a Russian scientist, Anatoly Babkin, who was also arrested but later had his charges suspended for health reasons. Pope's case has become an irritant in U.S.-Russian relations; President Clinton asked Russian President Vladimir Putin to free Pope but Putin said he would not interfere in the court proceedings. A swap might come after the verdict if Pope is convicted.

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Defense Makes Final Appeal in Russian Spy Trial

Washington Post
Saturday , December 2, 2000 ; Page A21
By David Hoffman Washington Post Foreign Service
http://www.washingtonpost.com/wp-dyn/articles/A11884-2000Dec1.html

MOSCOW, Dec. 1 -- Lawyers for Edmond Pope concluded their defense today by disclosing that Kazakhstan had sold to China 40 of the high-speed torpedoes for which Pope is accused of buying secret blueprints. They said the data for building the torpedoes was available in several countries outside of Russia and was not secret, and that Pope should be acquitted.

Pope, 54, a retired U.S. naval intelligence officer and Pennsylvania businessman, has been on trial behind closed doors for seven weeks on espionage charges after buying reports about the super-fast Shkval torpedo. Pope has denied he was spying and said he only sought unclassified information.

In their closing arguments, Pavel Astakhov and Andrei Andrusenko quoted from a letter that Russia's Foreign Intelligence Service had included in the court proceedings. According to the letter, the service said "it possesses information that in 1998 Kazakhstan supplied 40 domestically produced Shkval torpedoes to China that had been produced at Kazakhstan factories remaining after the collapse of the Soviet Union."

The Shkval--27 feet long and weighing nearly 6,000 pounds--was developed in Soviet times to carry a nuclear warhead in a last-ditch attack on an aircraft carrier or battleship. Not particularly accurate, it has been of interest to other countries because of its high velocity through the water. Further details about China's purchase of the torpedo were not available.

The Russian technology behind the torpedo is "not unique," Andrusenko argued, and "a whole number of foreign and sovereign states" now have the technology. Factories used to assemble the torpedo are located in Kazakhstan, Kyrgyzstan and Ukraine, and a Ukraine facility has a "complete volume of data" on the torpedo, except for the warhead, Andrusenko said.

He called it "absurd" to accuse Pope of acquiring secrets when the Region Design Bureau that built the torpedo advertised it as an export weapon last year. The defense also introduced a letter from a group of scientists who said the basic technology behind the rocket engine is contained in a Russian patent.

Pope was arrested in April after purchasing design materials about the torpedo from a Russian scientist, Anatoly Babkin, who was also arrested but whose charges were later suspended for health reasons. Pope's case has become an irritant to U.S.-Russia relations; President Clinton asked Russian President Vladimir Putin to free Pope, but Putin said he would not interfere in the court proceedings. A swap might come after the verdict if Pope is convicted.

Pope's family has said he suffers from bone cancer. Although the cancer had been in remission, they have feared for his health while he has been imprisoned. Astakhov said the maximum sentence of 20 years "will mean a death sentence for Pope. Even representatives from the prosecution said they feel sorry for him because he is obviously suffering." Pope has doubled over in pain twice during the trial, but prison doctors deemed him fit for trial and Judge Nina Barkova refused to allow outside doctors to examine him.

Astakhov, in an unusual move, read his final statement in verse, telling reporters afterward he had appealed to Barkova, who is trying the case without a jury, to "open your eyes, tune in your ears and speak the truth from your lips. There is one truth: He is not guilty."

Pope is to make a personal appeal to the court Wednesday.

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New York Times
December 2, 2000
World Briefing
http://www.nytimes.com/2000/12/02/world/02BRIE.html

BRAZIL: SPY CHIEF FIRED The director of the Brazilian Intelligence Agency, created a year ago to replace a similar body that had been discredited, has been fired after allegations he authorized spying on an opposition governor, a federal prosecutor, journalists and even the son of the president. The removal of Col. Ariel Rocha de Cunto came as a congressional committee was starting hearings into the reported abuses, and amid accusations he appointed a known military torturer to a senior position in the agency. Larry Rohter (NYT)

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Museum Honoring Rosa Parks Opens on Historic Street Corner

New York Times
December 2, 2000
By THE ASSOCIATED PRESS
http://www.nytimes.com/2000/12/02/national/02PARK.html

MONTGOMERY, Ala., Dec. 1 - Forty-five years after defying a city bus driver's order to give up her seat to a white passenger, Rosa Parks was back on the same street corner today.

Ms. Parks, 87, did not speak, but she waved from her wheelchair to about 1,000 people attending the dedication of a $10 million university library and interactive museum named for her at Troy State University Montgomery.

"I just wanted to see her in person, to see how she looks. She's a famous woman, like a leader," said Tony Johnson, a 10th grader at Foley High School, after the ceremony, which included tributes and gospel music.

The arrest of Ms. Parks, then a seamstress, prompted a 381-day boycott of Montgomery buses that eventually led to a United States Supreme Court ruling that forced the integration of the city transportation system.

The boycott helped begin the modern civil rights movement and propel the Rev. Dr. Martin Luther King Jr. to national prominence. Dr. King's widow, Coretta Scott King, was among those honoring Ms. Parks today.

Gov. Donald Siegelman awarded Ms. Parks the first Governor's Medal of Honor for Extraordinary Courage before the ceremony. Mayor Bobby Bright proclaimed Dec. 1 Rosa Parks Day.

"It was an act that changed this state and our nation forever," Mr. Siegelman said.

Cameron Martindale, president of Troy State University Montgomery, said the university had planned a parking lot for the corner until officials realized that many people were making pilgrimages to the place where Ms. Parks was arrested.

The Rosa Parks Library and Museum opened today after the ceremony. It includes a statue of Ms. Parks, an exhibit recounting her conversation with the bus driver and an old bus that was used in Montgomery at the time of Ms. Parks's arrest.

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New York Times
December 2, 2000
World Briefing
http://www.nytimes.com/2000/12/02/world/02BRIE.html

INDONESIA: PEACEFUL PROTEST Under the watch of hundreds of heavily armed troops, thousands of separatist demonstrators in Irian Jaya conducted a peaceful ceremony marking the anniversary of the province's independence declaration in 1961, which Indonesia does not recognize. But fears of violent clashes between protesters and security forces remained high. Indonesia said it was prepared to send thousands of troops to the province to avert any attempts to split from the union. Calvin Sims (NYT)

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Britain to cancel debt of 41 poor countries

USA Today
12/02/00- Updated 11:20 AM ET
http://usatoday.com/news/world/nwssat02.htm

LONDON (AP) - Britain announced Saturday that it would forgive more than $1.43 billion in debt from 41 of the world's poorest countries - provided they can ensure the money goes toward health care, education and alleviating poverty.

Treasury chief Gordon Brown said the move would help create a ''virtuous circle of debt relief, poverty reduction and sustainable economic development.''

Brown's office said 12 nations, including Cameroon, Honduras and Senegal, would have their debt payments written off immediately, while another eight were likely to meet the government's criteria by the end of the year. In all, $850 million will be forgiven this year, the government said.

A further 21 countries that are involved in violent conflict or have failed to meet the criteria will have their payments held in trust and returned to them once they qualify.

''It is one of the tragedies of this jubilee year that so many countries in Africa are involved in wars, and of course, you have no guarantee that debt relief will not go to the weapons of war rather than poverty reduction,'' Brown told the British Broadcasting Corp.

''What we are proposing to do today is renounce our right to any benefit from these debt interest payments, to put this money aside,'' he added. ''When these countries get their poverty reduction programs in place, we will backdate the payments to them.''

At a Saturday-afternoon rally in London organized by the Jubilee 2000 coalition, Brown called on other countries to follow Britain's lead.

''Today here in London I ask our neighbors ... to also renounce their right to any benefit from the historic debt owed by these 41 heavily indebted countries,'' he told activists, who included the rock star Bob Geldof.

Later, demonstrators planned to light a flame in Trafalgar Square to symbolize the need to continue to press the G-7 group of wealthy industrialized nations to relieve Third World debt.

Last year the world's richest countries agreed to cancel $100 billion in debt from 41 heavily indebted poor countries, but Jubilee 2000 estimates that $300 billion owed by 52 countries must be scrapped to end the debt crisis.

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Today In History

Associated Press
December 2, 2000 Filed at 7:00 p.m. ET

Today is Saturday, Dec. 2, the 337th day of 2000. There are 29 day left in the year.

On this date:

One year ago: Relative calm took over in Seattle, where a meeting of the World Trade Organization was greeted earlier with sometimes violent demonstrations.

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Our Closing Argument in Text

Sat, 02 Dec 2000 16:17:40 -0500

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

ALLIANCE TO END REPRESSION, et al., ) ) Plaintiffs, ) ) Civil Actions Nos. v. ) 74 C 3268 ) 75 C 3295 CITY OF CHICAGO, et al., ) ) Defendants. ) Judge Joan B. Gottschall

CounterMedia Petitioners' Closing Argument

I. Videotapes Don't Lie The evidence in this case includes one item which irrefutably reveals truth and thereby exposes falsehood. City Exhibit 26 is a videotape. It suggests that testimony of the City's police witnesses may have reflected the police "code of silence." Brandon v. Holt, 469 U.S. 464, 467 n.6 (1985); Chin and Wells, The "Blue Wall of Silence" As Evidence of Bias and Motive to Lie: A New Approach to Police Perjury, 59 U. Pitt. L. Rev. 233 (1999). A viewing of the videotape's segment "Chicago Police Conduct Warrantless Search #1 of CounterMedia News Van" reveals that the following police testimony was false:

1. Both police officers who testified regarding the first search of the CounterMedia van, Assistant Deputy Superintendent Thomas Folliard and Sergeant Richard Grand, claimed that one of the reasons the van was searched was because it was in the way of, and therefore disrupting, a protest march. (Folliard Test. 449:13-18; 450:9-14; 451:1-2; 451:11-12; 451:22-23; 452:7-13; 452:18-25; 495:14-16; 496:20; 497:6-8; Grand Test. 638:10-639:1; 639:10-11; 639:25- 640:17.) As Folliard testified,

Q. And you said the march went around the van? A. Right. Q. Was the van in the way of the march? A. The van was in the street, and the march, if you can picture a march going from curb to curb down a street, they basically just, similar to my hands around this microphone, just went around the van. (Folliard Test. 452:7-13.) Similarly, Sgt. Grand testified, "apparently the marchers had marched right up onto the van at that point." (Grand Test. 640:13-14.)

CounterMedia journalist Lee Wells testified to the contrary. (Wells Test. 192:14-22.)

The video shows that the CounterMedia van had stopped behind another vehicle at an intersection and was not blocking the march. The police were initially between the march and the van and needed to walk a distance to reach the van. Contrary to Folliard's assertions, the videotape's audio does not contain any announcement by the police that the occupants "had to move because there is a march coming through here," (449:17-18; 451:1-2). Nor does it show marchers passing by the van. After viewing the video, Sergeant Richard Grand was forced to admit that the van was stopped at the corner. (Grand Test. 656:1-6.)

2. Folliard emphasized that a principle reason for the search was that the occupants claimed that they could not move the van because they did not have the key. (Folliard Test. 449:17-19; 451:1-8; 451:19-20; 452:3-4; 452:20-453:2; 454:2-3.) As Folliard testified,

A. We walked up and told him, move the van, get out of here, there is a march coming. The fellow behind the wheel said, we don't have keys. So I became concerned because they must have had keys because I saw the van moving. And then I was concerned as to why this van would be stopped right here, and then somebody would be telling me -- giving me an account of not having keys when I knew that common sense would dictate that someone had keys because the van was moving. (Folliard Test. 451:1-8.)

The video, however, shows that as the police approached, the driver was attempting to start the van. One hears the engine turning over as the driver turns the key in the ignition. As the police arrive at the van, the driver finally succeeds in starting the engine which can be heard running. Thus, the engine was running and the key was in the ignition when the police arrived. Nor does one hear any occupant tell the arriving police that the occupants did not know where the key was. It was not until the police told the occupants to leave that one replied, "We don't have keys. The gentleman [white-shirted police officer] took them."

3. Both Folliard and Grand testified that when they walked up to the van during the first search they noticed a rag hanging out of the gas tank and a gas can on the front floor. (Folliard Test. 450:1-8; Grand Test. 639:15-20.) In Sgt. Grand's words, the police were concerned during the first search "of the possible danger with the gasoline possibly being an explosive device." (Grand Test. p. 640:16-17.)

Yet, there is not one word heard in the video of the first stop indicating any police concern about the gasoline can or the alleged rag hanging from the gas tank. Moreover, although Grand testified that the police were concerned of the danger that the gasoline was "an explosive device," the video shows a white-shirted officer smoking a cigarette (see the following paragraph), conduct inconsistent with a belief that a gasoline explosive device might be present.

4. Active Resistance CounterConvention participant Dan Whitmore testified that he had earlier seen the raider with a cigar at the Festival of the Oppressed march speaking with higher-ranked police officers. (Whitmore Test. 64:2-18; 65:25-66:17.) In contradiction to that testimony, Folliard testified that he did not permit police officers to smoke while accompanying the marches, (Folliard Test. 485:17-486:2), and Commander Francis Kehoe testified that there is a police department policy against smoking. (Kehoe Tr. 560:13-20.) The video, however, shows a white-shirted police officer smoking a cigarette as he enters the van and as he returns the keys to the van's driver. This occurred in the presence of Commander Folliard and Deputy Chief Radke. (Grand Tr. 643:6-19.)

5. All the police officers who searched the CounterMedia van testified in unison that they did not see, or do not remember seeing, any camera or video equipment in the CounterMedia van. (Grand Test. 657:10-12; Jesionowski Test. 662:12-15; Jetel Test. 675:14-19; Seidler Test. 687:3-6). While Jesionowski, Jetel and Seidler admitted participating only in the second CounterMedia van search, Grand testified that he participated in the first search, (Grand Test. 640:5-644:3), during which he entered the front passenger side of the vehicle. (Grand Test. 640:20-641:1.) Like his colleagues, Grand answered "no" to the question, "did you see any cameras or video equipment in the CounterMedia van?" (Grand Test. 657:10-12.) In contradiction to Grand's testimony, a viewing of the video reveals that a video was made (and thus a video camera was present) and the video was made by a CounterMedia van occupant siting in the front passenger seat, the exact location where Grand entered the vehicle. Therefore, the video establishes the falsity of Grand's testimony that he did not see any video camera.

II. CounterMedia Petitioners Proved Their Allegations by Clear and Convincing Evidence Raid on the Active Resistance CounterConvention

On the evening of August 29, 2000, at about 8:30 P.M., the Active Resistance CounterConvention was raided. The primary issue regarding the raid is not whether it happened, but rather the organizational identity of the raiders.

There is substantial direct and circumstantial evidence in the record which establishes that the raid was conducted by the Chicago police, and could not have been done by anyone else. Six eye-witnesses, who had seen numerous Chicago police officers during the DNC, all testified that they recognized the raiders as Chicago police officers. Lynda White had lived in Chicago for 11 years and recognized the raiders as Chicago police. (White Test. 28:24-29:21.) Dan Whitmore recognized the raiders as Chicago police. (Whitmore Test. 54:10-24; 63:21-64:2.) Miles Mendenhall, who had been living in Chicago for 13 years, was another eyewitness who recognized the raiders as Chicago police. (Mendenhall Test. 80:14-25; 103:11-104:11.) Michelle Xenos also recognized the raiders as Chicago police officers. (Xenos Test. 145:25-146:8; 149:13-21; 161:22-162:10.) In addition, two eye-witnesses who did not testify at the trial identified the raiders as Chicago police officers during their depositions. (Sakulich Dep. Tr. 50:10-11; 57:8-62:22; Harrington Dep. Tr. 34:7-35:18.) Dan Whitmore testified that he "recognized one of the [raiding] officers from earlier in the day." (Whitmore Test. 55:20-56:4; 64:2-66:17.) Whitmore had told that to Sgt. Fivelson during his November 27, 1996, (City Ex. 24, 000786), interview. (Test. 420:8-19.) Moreover, raiders who remained outside the building identified themselves as Chicago police officers. (Xenos Test. 146:4-6; Sakulich Dep. Tr. 50:10-11; 71:16-23.)

Two witnesses, Lynda White and Alexander Sakulich, testified they saw Chicago Police Department patches on the raiders' shirts. (White Test. 29:18-19; Sakulich Dep. Tr. 59:3-8.). Lynda White had told the CPD Internal Affairs Division two months after the raid that "all of [the raiders]...had Chicago Police Department patches." (City Ex. 23, 000808-9.)

In addition to direct evidence, circumstantial evidence points to the involvement of Chicago police officers. Lynda White testified that both before the raid when she went to the store and after the raid when she went home, she was followed by Chicago police officers, not railroad police, security guards or CHA police. (White Test. 24:18-27:11; 34:7-36:16.)

White also told Sgt. Fivelson that all of the raiders had canisters "that looked like a small fire extinguisher one would keep in the kitchen." (City Ex. 23, 000809.) In fact, the CPD did have gas canisters that size and 200 were distributed during the DNC. (City Ex. 24, 000782; Fivelson Test. 607:15-608:20.)

Several witnesses testified that the raiders claimed that they had received a call that CounterConvention participants had been trespassing on railroad property. (Whitmore Test. 55:17-19; 70:25-71:3; Mendenhall Test. 80:23-25; 81:6-9; Xenos Test. 146:6-8; Sakulich Dep. Tr. 52:5-6; City Ex. 18, 000796; City Ex. 24, 000780, 000782, 000783.) Sure enough, Union Pacific Police Director Dale Hahne had contacted the CPD regarding CounterConvention participants after receiving a complaint of "trespassing on railroad property." (Pet'rs Ex. 13; City Ex. 24, p. 000781; Hahne Test. 518:24-519:1; 519:20-522:22.) The City denies that Police Director Hahne ever called the CPD regarding the CounterConvention participants, (Martinez Test. 523-533), but Hahne had no reason to lie.

A particularly incriminating fact was that massive numbers of Chicago police officers were in the vicinity of the Ballroom during the raid. Miles Mendenhall testified that on the evening of the raid he had received reports of police cars massing around the corner from the Ballroom on Damen Avenue as well as massing about a half a block to a block from the other CounterConvention site, the "Spice Factory." (Mendenhall Test. 79:9-18; 87:13-88:6.) According to David Solnit, "Prior to the raid...[p]eople said there were about 100 police gathered in the immediate area of the conference." (Test. 75:17-19).

That testimony was confirmed by the City, which admitted prior to trial that "the area in the vicinity of 2010 West Carroll Avenue was used as a staging area by the Chicago Police Department on the night in question." (Pet'rs Ex.7, pp. 11-12, e; Pet'rs Ex.8, 14.) Deputy Chief of Patrol Frank Radke testified that at the time of the raid he had directed that police be at a staging area whose boundaries, in relationship to the CounterConvention Ballroom, were one block north, one block south, four blocks east and four blocks west. Thus, the raid occurred, not only within the police standby area, but at its very center. (Radke Test. 586:5-587:9.) Folliard testified that he sent "four or five platoons" to the area. (Folliard Test. 474:6-8.) Since there were 38 officers per platoon, (Kehoe Test. 567:11-568:9; Folliard Test 427:4-17), the City admitted that 152 to 190 police officers were there. Commander Kehoe testified that his platoon was located at the 1900 block of Damen, just one and one-half blocks from the Ballroom. (Kehoe Test. 568:10-569:2.)

The police's purported reason for being in the vicinity of the Ballroom on the evening of August 29, 1996 is suspect. They claim that they were using it as a staging area, the only time they did so during the DNC, (Pet'rs Ex. 6), because they needed to be near the United Center that evening. (Folliard Test. 473:16-18; 475:13-19; Radke Test. 582:17-20.)

But one of the designated staging areas, the Brown School, 54 N. Hermitage, (Pet'rs Ex. 10; Grand Test. 636:16-23), was only two and one-half blocks from the United Center, (Folliard Test. 429:24-430:1), much closer to the United Center than was the area in the vicinity of the CounterConvention. The Brown School was regularly used by the 9th District Tactical Team plus an additional 100 to 150 tactical and special operations police officers. (Spratte Test. 689:15-691:20). Thus the entire 4 or 5 platoons in the vicinity of the Ballroom could have been stationed at the Brown School. Two additional official response team locations, the 911 Center, at Madison & Loomis and the Training Division, 1300 West Jackson, (Folliard Test. 428:17-23; Pet'rs Ex. 10), were also significantly closer to the United Center then was the area in the vicinity of the CounterConvention. (Folliard Test. 429:16-21). If Radke and Folliard wanted 4 or 5 platoons of the Demonstration Management Group to be close to the United Center, why would they move them to a location a mile from the United Center rather than to closer, established standby locations, the Brown School, the 911 Center and/or the Training Division?

The presence of so many Chicago police officers in the vicinity of the Ballroom at the time of the raid is significant for two reasons. First, it makes it extremely unlikely that any other group is guilty of the raid. Knowing that detection and arrest was extremely likely, no one, other than Chicago police, would carry out such a raid in the vicinity of so many police officers. Nor could they have carried out such a large operation without being detected by the CPD.

Second, it puts a large number of Chicago police officers at the scene of the crime at the time of the crime, and thus, in itself, makes them suspects. They had already demonstrated their hostility to the CounterConvention by placing it under surveillance, and there wasn't any other police work to distract them that evening. (Folliard Test. 478:18-20; 481:3-6; Francis Test. 550:9-15.) In sum, the CPD had the motive, and it had the opportunity.

Also suspicious is that, after the raid on the Ballroom, the police vehicles which had been parked near the Ballroom were no longer there. (Mendenhall Test. 84:19-85:1.) Instead, the police massed in the vicinity of the CounterConvention's other facility, the "Spice Factory," 342 N. Western Ave. (Alexander Dep. Tr. 30:24-38:22; Luchini Dep. Tr. 53:3-57:18; Pet'rs Ex. 7, pp. 12-13,  f.; Francis Test. 546-555.)

The City's defense to the raid is that Union Pacific Railroad police, Chicago Housing Authority police or individuals pretending to be Chicago police officers may have carried out the raid. Besides the undisputed fact that a deterrent force of more than one hundred Chicago police officers were present in the area, there is no evidence in the record that the necessary amount of railroad police officers, CHA police officers or police impersonators were in the vicinity on the evening of the raid. All but three Union Pacific railroad police were assigned to drive corporate executives or provide protection at the various functions hosted by the Union Pacific Company. (Hahne Test. 517:1-20; City Ex. 24, 000783.) As for the CHA police, the Court should take judicial notice of the fact that virtually all CHA police officers were African-American, Attachment 1, while the witnesses testified that none of the raiders were African-American. (City Ex. 18, 000793; Mendenhall Test. 102:16-17.)

Nor is there any evidence that anyone else had a motive to raid the Active Resistance CounterConvention or declare documents to be "subversive." (White Test. 31:19-20; Whitmore Test. 57:16-21.) Railroad Police Director Hahne testified that the CounterConvention participants were not trespassing on railroad property, so the railroad police would have no reason for hostility. (Hahne Test. 20:22-521:1.) In contrast, the CPD has a long history of spying upon and harassing liberals and radicals. March 9, 1999, Report and Recommendation of Magistrate Judge Edward A. Bobrick, pp. 5-7; Alliance to End Repression v. City of Chicago, 627 F.Supp. 1044 (N.D.Ill. 1985).

Also suspect is the CPD Internal Affairs Division's investigation of the Ballroom raid. First, Sgt. Fivelson did not interview any of the easily ascertainable police officers who were in the vicinity of the raid when it occurred and who were thus, not only witnesses, but also potential suspects. He claimed he could not identify them. In reality, all he needed to do was call Deputy Radke, the Commander of the Demonstration Management Group, to determine what officers were working in the area at the time of the raid. The Chicago Police Department has specific written assignments for all its members. (City Ex. 12; Radke Test. 578:12-17.)

In a similar vein, Fivelson falsely told Miles Mendenhall that he could not show him pictures of the tactical police officers assigned to the Democratic National Convention, (Fivelson Test. 603:1-604:5), even though Fivelson could have obtained that information both from the Attendance & Assignment Record, (City Ex. 12), or from Deputy Radke or Commander Folliard. Instead, he showed Mendenhall only 13th District officers, (Pet'rs Ex. 12), even though 13th District officers were not assigned to the Demonstration Management Group nor were present at the police concentration in the vicinity of the Ballroom at the time of the raid. (Pet'rs Ex. 2; Test. 613:12-614:23.) (In his trial testimony, Fivelson misrepresented what photos Mendenhall had requested. (Fivelson Test. 602:11-603:14.)).

Nor is there any indication in the file that Fivelson ever sought the records of receipts of pepper spray canisters that were completely used up during the DNC, although he was informed of the existence of those records. (Fivelson Test. 608:21-610:10.)

CounterMedia Petitioners will comment briefly regarding the remaining allegations. Destruction of Film in CounterMedia Van

As detailed in Section I. above, the videotape proves that the police testimony regarding the first CounterMedia van search was false.

The police destruction of the film was not videotaped by bystanders because it occurred inside the closed back of the van. (Wells Test. 180:4-18; Boyle Test. 135:18-20.)

Destruction of Film at the Police Station

Four witnesses testified that they saw the police pull film out of cameras at the police station. (Wells Test. 186:17-187:14; McGuinness Test. 213:5-13; Ferreira Test. 252:7-253:11; Moon-Sparrow Test. 284:12-20.)

Perlstein Camera Destruction and Film Seizure

Police officer Gerald Slonski never denied Perlstein's testimony that the police yelled "Shut it off!" as they approached him.

Destruction of the Contents of the Shundahai Network Van

Sgt. Spratte repeatedly testified falsely regarding the Shundahai Network Van.

1. He testified that Kristian Williams kicked him hard ("five minutes of pain") with his left foot. (Spratte Test 717:6-17.) But Williams' left foot had been severely injured. (Williams Test. 345:11-12.) A severely injured civilian is unlikely to kick a linebacker-seized police officer, particularly using the injured limb. Nor does the slight, bookish Williams appear to be the street-fighting type.

2. Spratte testified that he was not able to observe at the time of the arrest that Williams had an injured foot. (Spratte Test. 717:20-22.) But Williams' shoe was off, and the bare foot had a bag of ice on it. (Moon-Sparrow Test. 281:5-7.)

3. Spratte testified that there was no video camera at the 14th District. (Spratte Test. 707:3-4.) But the 14th District police station had the video cameras of the Shundahai Network, (Ferreira Test. 255:9-11; City Ex. 5, 003338), Carla West, (West Test. 314:3-6; 316:24-318:1; City Ex. 8, 003289), and Jeff Perlstein. (Perlstein Test. 230:7-20.)

4. Spratte testified that he did not see a CB radio, a video camera, literature, books or tapes in the Shundahai Network van. (Spratte Test. 716:7-14.) The occupants of the van testified that the van contained those items, which were being used in Shundahai Network's national tour. It is not credible that Spratte would not have seen any of them.

Interrogation of Carla West

Carla West testified that the three arresting police officers interrogated her the entire time during a 45 minute to one hour ride from a police station to a women's lockup. (West Test. 315:7-316:22; 324:10-325:10.) Officer Kooistra testified that he did not engage in any conversation with Ms. West during the ride and did not remember anyone else engaging in any conversation with her. (Kooistra Test. 413:5-9.) Officer Gann testified that he did not remember the other two police officers engaging in any conversation with Ms. West and he himself did not engage in any conversation with her other than to respond to one question from her. (Gann Test. 398:8-24.) That three male Chicago police officers would be virtually silent with their female college student arrestee is difficult to believe.

III. The City's Conduct Violated the Consent Decree

This Court previously concluded that "[p]laintiffs have submitted clear and convincing evidence that, if found credible by the trier of fact, would establish that...conduct by the City and its agents violated the consent decree" (May 8, 2000, Memorandum Opinion and Order, at 44). The Court noted that it had determined whether "at least one provision of the consent decree was violated; the court makes no findings as to whether other provisions may also have been violated" (at 13). Therefore, Petitioners will emphasize some of the additional consent decree provisions which the Court did not discuss in its May 8, 2000, decision.

Political Interrogations

The police interrogations regarding the First Amendment activity of arrestees CounterMedia journalist Carla West and Festival of the Oppressed demonstrators Julia Moon-Sparrow and Kristian Williams violated  3.1.4 of the decree, which requires prior written authorization,  3.1.1, which requires that the information gathered be "so necessary to and inseparable from the purpose of the investigation that its gathering and retention cannot be avoided,"  3.1.2.1, which requires that the police "take every reasonable precaution to avoid gathering information about...First Amendment conduct and  3.1.2.2, which requires the police "to use the least intrusive methods of effectively conducting investigative activity about First Amendment conduct" (City Ex. 10, General Order 88-17, pp. 11-12).

Investigative Raid on the Active Resistance CounterConvention

The Court's decision denying summary judgment as to the raid on the Active Resistance CounterConvention refers to "harassment because of First Amendment conduct" (at 23). However, the raid also violated other provisions of the decree, which, unlike  2.2, do not require any showing regarding the perpetrators' motivation.

One of the raiders' goals apparently was the collection of information about the CounterConvention, and the raiders left soon after they seized David Solnit's "subversive" written materials. The raid easily falls within the decree's broad definition of "investigative activity directed toward First Amendment conduct" ( 1.2, 1.3). Therefore, the raid violated all those provisions of the decree violated by the political interrogations irrespective of the raiders' motivation (see preceding section).

The nonconsensual police entry into the CounterConvention and nonconsensual seizure of political documents constituted "intrusive methods" ( 3.6.1.5) and therefore also violated  3.6 which forbids the police from using "intrusive methods" unless certain special requirements are satisfied as set forth in  3.6.2.1, 3.6.2.2, 3.6.2.3 and 3.6.2.4, none of which were complied with by the City.

Destruction of Film in CounterMedia Van

Like the raid on the CounterConvention, the police investigation of the CounterMedia van constituted "investigative activity directed toward First Amendment conduct"  1.2, 1.3. One of the police's principal purposes was to collect information. Commander Folliard repeatedly testified, both during direct and cross examination, that he ordered his subordinates to "investigate" the CounterMedia van. (Folliard Test. 451:9-454:4; 495:12-498:12.) Therefore, irrespective of the police's motivation, the CounterMedia van film destruction violated  3.1.2.2, which requires the police "to use the least intrusive methods of effectively conducting investigative activity about First Amendment conduct" and  3.1.2.1, which requires that the police "take every reasonable precaution to avoid gathering information about...First Amendment conduct."

In addition, the nonconsensual entry of the police into the van was an "intrusive method" ( 3.6.1.), requiring the police to comply with  3.6.2.1,  3.6.2.2 and  3.6.2.3, which they failed to do. Finally,  2.2 was also violated.

Other Physical Destruction

The vandalism of the Shundahai Network van and the destruction of CounterMedia film at the police station violated  2.2. IV. Appropriate Relief Should Be Granted The consent decree at  II.A.1., (City Ex. 10, General Order 88-17, at 17), authorizes "the parties to this Order to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Order, for the enforcement of compliance with the provisions contained herein, and for the punishment of the violation of any such provisions."

Training Order

The consent decree at  4.2.2 requires "training with respect to the requirements of" the consent decree "on a continuing, in-service basis to personnel of the Bureaus of Investigative and Community Services, all district tactical units, and all other units likely to engage in investigative activity covered by" the decree. (City Ex. 10, General Order 88-17, p. 16). The trial revealed that the CPD violated the training requirement. During the DNC, Deputy Chief Frank Radke commanded the Demonstration Management Group, (Pet'rs Ex. 2, at 000462), and Commander Thomas Folliard commanded Company "B - Boy" of the Demonstration Management Group (Pet'rs Ex. 2, at 000470). The Demonstration Management Group consisted of district tactical units assigned to the demonstrations (Pet'rs Ex. 2). Since they commanded "district tactical units" and "units likely to engage in investigative activity covered by" the decree, Radke and Folliard should have been trained regarding the requirements of the decree. Yet Folliard testified at the trial that he could not recall specifically any instruction or training regarding how the consent decree restricts investigation, (Folliard Test. 494:6-9), and definitely did not receive any in preparation for the 1996 DNC. (Folliard Test. 492:20-493:2.) Similarly, Radke was unaware that the consent decree forbid police without prior written authorization from communicating with non-organizers about demonstrations. (Radke Test. 589:3-593:16.) Folliard claimed that there was no need for him to receive such training since he was not going to conduct investigations. (Folliard Test. 491:24-492:2.) But the consent decree covers "investigative activity" which it defines broadly to include mere "collection of information by any means" (City Ex. 10, General Order 88-17, at 10,  1.2.) And Folliard repeatedly testified, both during direct and cross, that he ordered his subordinates to "investigate" the CounterMedia van. (Folliard Test. 451:9; 454:4; 495:12-498:12.)

Because the CPD did not train adequately, the City has violated the decree as to the Alliance Plaintiffs, who are both parties to the decree and among the CounterMedia Petitioners. Pursuant to their request in the Petition for "d. an order further implementing the consent decree," an implementing order regarding training should issue whether or not the City violated the rights of the Petitioners CounterMedia, the Active Resistance Organizing Collective or the Autonomous Zone. Alliance Plaintiffs suggest that all parties to the decree be given an opportunity to jointly create a proposed order before the Court dictates one.

Declaration

CounterMedia Petitioners request a declaration that the City of Chicago has violated the consent decree.

Compliance Order

The Court should order the City of Chicago to obey the consent decree. This may have value during future contempt proceedings.

Damages

Damages can be awarded without any contempt finding under the inherent power of a court to enforce its decrees. Wisconsin Hospital Ass'n v. Reivitz, 820 F.2d 863, 868-69 (7th Cir. 1987). Damages are appropriate for violation of First Amendment rights even though there is no monetary loss nor emotional distress, and the injury is difficult to quantify. Memphis Community School Dist. v. Stachura, 477 U.S. 299, 313-16, (1986) (Marshall, J., concurring). In fact, damages for such violations are presumed because there is a great likelihood of injury coupled with great difficulty in proving damages. Memphis Community School Dist. v. Stachura, 477 U.S. 299, 311 and n. 14. As Judge Posner has explained...if you are illegally prevented from voting or speaking you can seek substantial compensatory damages without having any proof of injury before the jury, provided that you do not ask for heavy damages on the grounds that the constitutional right invaded was "important." Hessel v. O'Hearn, 977 F.2d 299, 302 (7th Cir. 1992). Petitioners Active Resistance Organizing Collective and Autonomous Zone organized the Active Resistance CounterConvention, (Pet'rs Ex. 14; Boyle Test. 107:15-21), and the Festival of the Oppressed march, (Pet'rs Ex. 14; Whitmore Test. 70:2-4). The CPD's August 29, 1996, raid on the CounterConvention disrupted the conference. Many of the participants fled the CounterConvention in fear, and the organizers needed to concentrate on the effects of the raid. This eliminated the conference's climactic "wrap-up of core meetings" (Pet'rs Ex. 14; Boyle Test. 116:4-118:4; Whitmore Test. 71:19-72:9; White Test. 34:2-8.) In addition, the police trashing of the Shundahai Network van and interrogation of its occupants diminished the Festival of the Oppressed march in which it had been participating.

As for CounterMedia, the CPD's destruction of its news film permanently destroyed that product of the exercise of CounterMedia's First Amendment freedom of the press. In addition, the police interrogation of CounterMedia participant Carla West intruded upon the First Amendment associational privacy of that CounterMedia member.

To compensate for the injuries to their First Amendment activities, Petitioner CounterMedia is seeking damages of $75,000.00, Petitioner Active Resistance Organizing Collective is seeking $95,000.00 and Petitioner Autonomous Zone is seeking $10,000.00. One method of quantifying damages is to compare past awards for similar harm. A jury awarded a civic group $60,000.00 in 1984 for harassment by the Chicago police Red Squad. See, Spanish Action Committee of Chicago v. City of Chicago, No. 80 C 4714 (N.D. Ill. July 2, 1984). The CPD had been responsible for the publication of a false charge that the organization was communist infiltrated. Despite the fact that the plaintiff organization did not prove any financial loss, the jury nonetheless awarded $60,000.00 for disruption of the plaintiff's First Amendment activities. In terms of the cost of living in the Chicago metropolitan area, $60,000.00 in 1984 was the equivalent of $99,884.39 in 2000.

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The following year the Court in this lawsuit, based on stipulated damages, awarded the Alliance to End Repression $20,625.00 and the Chicago Peace Council $20,625.00 for spying and disruption by the Chicago Police Red Squad. Alliance to End Repression v. City of Chicago, 627 F. Sup. at 1044, 1057 (N. D. Ill. 1985). In terms of the cost of living in the Chicago metropolitan area, $20,625.00 in the year 1985 was the equivalent of $33,091.92 in the year 2000.

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Contempt

A finding of contempt should be made against the City of Chicago for violating the consent decree.

Costs

Costs, attorneys' fees and interest should be awarded against the City of Chicago.

Respectfully submitted,

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Richard Gutman 55 Warfield Street Montclair, NJ 07043-1116 973-744-6038 (voice & fax) gutmanpc@concentric.net

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Lawrence V. Jackowiak Suite 1938 221 North LaSalle Street Chicago, IL 60601-1407 312-795-9595 (voice) 312-606-9133 (fax)

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