USA v. City of Portland: Police Brutality additional witness testimony Mary Eng

From: mary rose lenore eng 
Date: Mon, Feb 24, 2014 at 4:11 PM
Subject: Mary Eng Followup testimony for Judge Simon
To: Mary_Austad@ord.uscourts.gov, Portland Copwatch , "Geissler, Jonas (CRT)" , adrian.brown@usdoj.gov, Jo Ann Hardesty

Dear Judge Simon,

please note Benjamen Pickering was aggressively sexually harassed in his cell post-beating at MCDC.

He was called "lady-locks" and subjected to sexual gestures and aggressive male-on-male harassment which were especially hurtful after police called him "pussy" as they beat him.

Kafoury said, don't talk to IPR they are a waste of time.

Kafoury said that after police beat someone up, they throw the book at the victim, with numerous trumped up charges ala "resisting arrest" etc so that even if a few charges drop off, the brutality victim will be criminalized.

please note i spoke to DA Glenn Banfield about the "stitch up" of police brutality victims and public defender Dawn Andrews shockingly refused to admit that any police brutality occurred. with collusional interdependence between the brutality agency and the post-brutality legalistic bullying of prosecutors and limp-wtristed pseudo-defense, the traumatic harassment of Portland Police brutality victims by the justice systems is un-addressed in this agreement, with the blithe utopic presumption that the DA and Defenders are performing honorably. they are not and Ben Pickering made Oregon State Bar complaints about the bullying and ADA failures of his court appointed post-brutality legal bullies in the defenders and prosecutors sector of the Portland Police Brutality Machine.

there is a failure to take Victim Impact Statements at a serious clinical level of the post-brutality aftermath. Merely saying a police brutality victim is mentally ill and then moving them into the confines of Medical Privacy to relay their police brutality story, allows the medicalization of trauma to trump the social good that might result with taking victim's stories seriously as a part of a legal inquest  and allowing Portland to benefit from a thorough investigative de-briefing of Police Brutality victims, presuming they are not dead.

As Pickering was told by Providence, doctors Michael Savage, and Beenish Khwajah: they are not interested in Portland Police Brutality as medical providers. Medical collusion to cover up Police wrongs is un-assessed in this agreement as well.

It is only outside Multnomah county that Pickering began to receive appropriate care, as there appears to be fear-based Medical collusion in denial of medical care in the Portland Medical-police fraternity.

We had to leave Multnomah county for Pickering's skull x-ray, pain management, post-concussion syndrome diagnosis, tooth extraction, etc. Oregon Medical community plays dead when disabled people are beaten by Portland Police.

His dentist asked if he had been recently smashed in the face: the left tooth showed signs of trauma which resulted in a painful abcess and extraction. His tooth hurt ever since the Portland police smashed his face and crushed his head in May 2013.

With special Victim's Advocates assigned to Police Brutality victims, the "black-bagging" of victims to be shipped off to secure remote mental hospitals , would find an interruption, with a social services provider, who would act as a paralegal, social worker, and advocate for special needs.  The legal history and tradition of the Victim's Impact Statement (VIS) is ignored in this settlement, and i believe it would be far more empowering to victims of the Portland Police, than the current sloppy public defender system, or the systematic calling of all police brutality victims "mentally ill" which i consider to be a victim-blaming mentality, systematic defamation to discredit witnesses, arising from a cruel and sadistic socio-economic and racial prejudice.

The current agreement is Victim-free, presuming victims are content to stay in the margins, or in the grave, or the loony bin, or stitched up in phony prosecutions.

A victim-centric agreement is what we need, because the state will continue to absorb the costs of Police Brutality one way or another. It is better to assess the brutality straight-on, instead of shuffling it through confusing bureaucracies which operate as white phosphorus to obscure the true problem of police brutality with no discipline.

The NeoNazi extremist at PPB demonstrates the PPB's failure to consider the impact of arming racist extremists and empowering their brutality. The Mayor's handling of the Nazi scandal at PPB demonstrates his incompetence to perceive the great insult and loss of faith Kruger et al incur with the people.

Is Portland prepared for the likes of Oslo's Beivik? if we continue to hire and subsidize NeoNazi's on the police force: Portland effectively shows to the world that Portland is a safehaven for radical right-wing eugenic racism. This to me is an Epic Fail in the National Security arena, and underscores a total loss of confidence.

No Union or hiring contract should favor the perpetuation of the NeoNazi infiltration of police.

CIA torture has proven that a human can only be so tortured before they become anorectic, suicidal, or chronically depressed.

Continuing to allow the Portland Police to inflict emotional and physical maiming on poor and disabled people is an example of State Self-Sabotage, in which our rush to provide health care for the public is sabotaged with our rush to give Police Powers to maim and scar and verbally humiliate to the portland police.

We pick up the price tag in one way or another. All my energies have been devoted to Pickering since June 28. i can see many ways in which my one-on-one care has mitigated the suffering and betrayal.  i have sought to empower him against the ADA fail in Multnomah county, despite our financial constraints and the limits of my energy.

The cost to the "State" is being pushed off onto the citizen-consumer of the portland police brutality.

this agreement also has not gone far enough in areas of addressing Gender Disparity in policing. The Police, so long as sexual harassment is protected on the force, and rape complainants view Portland Police as just another group of sexist homophobic Domestic Violence inflicting bullies, will be unable to perform their function.

Sexual epithets as used against Benjamen Pickering such as "pussy" underscore the Portland Police in 2013 missing the point of this agreement. That Klundt is not punished or reprimanded for crushing the head of a TBI patient as he verbally humiliates and cioetta, jackson, and bryson kick his ribs, in 2013 demonstrate the PPB's lip service being inconsistent with contemporaneous misconduct on the streets.

It is not clear if DOJ means "gay" or "perceived by officers to be gay" when they call Police Brutality victims "mentally ill" and there is no clear delineated assessment of homophobic bullying in Portland policing. i doubt the Gay Rights movement wants to revert to the abhorrent Diagnostic Manual's former designation of homosexuality as a mental illness. I am Not sure if Portland is lumping the gay and bisexual and trans people they beat up in this "mentally ill" victim-bashing mentality.

Using a homophobic industry to pejoratize GLBT police brutality victims to me is inherently unfair.

Pickering's ADA rights to police reporting of various crimes committed against him-- have gone un-fulfilled. In 2013, He was mugged, sexually assaulted, physically assaulted, held up at gunpoint, knifepoint, embezzled of his social security check, and peppersprayed in his blind eye and seeing eye. the portland police re-trigggered his sexual assault flashbacks when they assaulted him calling him a pussy in what can only be considered a homophobic hate crime.

the failure of the DOJ agreement to assess homophobic and transphobic hate crimes and bullying inflicted in "policing" resonates with the public loss of trust in this agreement process.

We feel insulted that the Portland Police Racism is un-assessed. That Misogynistic policing and transmisogynistic policing and homophobic policing go on unabated, unchecked, gives us great sorrow.

Lumping all gay trans bisexual feminine or minority groups under the term "mentally ill" is insufficient remedy and a form of discrimination and victim-blaming.

It is the behavior of the police which is unacceptable, not the behavior of the gay trans bisexual feminine or minority population which are profiled, assaulted and verbally humiliated.

Continuing to trust that they will find sufficient remedy in Civil Action is negligent, especially given the hostile attitude of the courts, the city council, and the weak legal climate in Portland.

Do you remember the woman whose wrist was shattered by police, and the Kafoury settlement blocked by portland city council? Will you now call her mentally ill after her body has been maimed and ZERO remunerations are paid?

Can Portland Police crush women's bones for free????

The primary point i tried to make in my presentation is that the medicalization of policing is a conflation of job roles and the Portland Police should not be enabled to make quasi-medical determinations. Any encouragement towards the practice of medicine without a license, is bound to result in a paralyzed police force which malpractices medicine as they impersonate a doctor, and malpractice policing as they become too scrambled in their role and even more ineffective than they already are.

i was threatened with arrest by officer john edwards for attempting to get him to write a crime report. i undertook the attempt to get a crime report written despite my skepticism that the Portland Police can effectively perform their function. his skill set ranged from threatening to arrest me, to asking me if i'm mentally ill. he was unable to perform his job. Pickering's crime victimization at Providence still goes un-reported. the police have given de facto immunity to all criminals who assault Pickering, as a way to retaliate against Pickering for reporting the May 2013 brutality. Do victims know that if they report Portland Police Misconduct, police will then freefall and play dead when other crimes occur?  Who will assess this mechanism of ADA violation and retaliation against disabled people who report police misconduct?

The assailing security guard who attacked Ben Pickering began his attack, by jabbing a finger at Ben's blind eye saying "you're not blind." Ben was then crushed in the ER door as his vision impairment prevented him from seeing the assailing officer crushing him in the door. Providence's attorney was happy to patient-dump Ben out of the hospital due to my calls to Amanda Marshall and DC as it appeared to me that Malpractice against a USA v. Portland witness was being protected by Portland Police who failed to make a report when the security guards chased officer ryan out of the crime scene, and then PPB Edwards threatened me with arrest.

Edwards did not know i was willing to relay police misconduct to the courts, and was willing to undergo risk to my person, to provide investigatory information about portland police misconduct.

I would like to make clear that all my records are available for the court, of any and all emails correspondence, medical records, and notekeeping, regarding my work with Ben Pickering.

In the absence of appropriate financial damages and a pay-out by the obstructive portland city council and police, i considered my work for Ben Pickering to be a beginning of the reparations due to any police brutality victim.

Massive amounts of my time have been consumed taking Ben to hospitals, clinics, therapies, courts, lawyers, family contacts, food banks, social services.

None of this was financed or mediated by the Portland Police who failed to "pay to play" as they brutalized a disabled american human and failed to provide medical attention and ameliorative social support.

the ADA-defiant failure of City of Portland to provide crime reporting to disabled people is un-assessed.  The conversion of Crime Scene Reporting into a Behavioral Unit action is inappropriate.

I spoke with BHU Dinah Brooks and Silverman about the Portland Police failing to take crime reports from Ben on many civilian crimes he experienced.  The loss of faith and trust that ADA rights to access police services were being refused, compounded distrust of the BHU then stalking ben at his home.

He and I, as Police Butality victims, found the presence of portland police officers itself to be a trauamatic non-therapeutic trigger of anxiety and depression, inducing police brutality flashbacks.

The BHU as such is totally counterproductive as a treatment provider for Portland Police Brutality survivors.

The National Lawyer's Guild settlement for the Los Angeles May Day 2007 melee, to which i and my brother Gabriel Eng were class members and witnesses and photographers, indicated that the loss of faith and trust in law enforcement was so severe that we needed monetary damages, because we were effectively going to always have trauamatic flashbacks about the brutality we witnessed and experienced that day.

We would never feel safe again to report a crime to police.

Watching my brother be beaten by LAPD on youtube always baffles me. He traveled back down to LA to testify against the LAPD self-cover-up.

please look at the work of the LA NLG in this case or the work of Jim Lafferty and Rebecca Thornton, as an example of an exhaustive injunctive curtailment of wholesale brutality incidents.

The absence of successful class litigation here in Portland leaves a tyranny of grief and suffering and un-remunerated brutality and medical damages which hang over our heads like a foul grey cloud of injustice more tyrannous than the weather.

This agreement is Victim-free and VICTIM-MARGINALIZING. By lumping the victims into a subcategory "mentally ill" and then blackboxing them in the inadequate or deeply malpracticing mental health system, the courts show a willingness to participate in the destruction of evidence, as we, the victims, are the key to unlocking the evidence.

The only way this can be overcome, is by providing special victim's counsel to Portland Police Brutality victims, and a successful Police Brutality Prosecutor must prosecute the assaults by Police upon citizens.

In one visit to Cascadia, Pickering was harassed by three persons attempting to purchase illegal drugs from him. He was offended that his fashion sense was being interpreted as a sign that he was selling drugs. the wait time and drug-related harassment were impediments to obtaining care.

we left.

The failure to provide Police Brutality specific legal counsel to Police Brutality victims, leaves them in a confusing legal tangle of feeling criminalized, punitized, as a fresh victim waiting to be bullied by a Police-Collusional DA.

With adequate legal representation, the medical and emotional and healing needs of the Police Brutality victims could be assessed and effectuated.

Building the COCL bureaucracy will by 100% effective for the bureaucrats, but it leaves victims in the cold, with an ever expanding confusion of impotent committees, who are chained to the self-importance only a paycheck, or in demonetized portland, a volunteer job can guarantee. They will send victims spinning through corridors of confusion and pain, only to exhaust and humiliate a victim, prior to effective legal actions and effective legal representation.

the expansion of administrative delaying strategies is a deliberate strategy to waste victim's time, energy, and money. it is not to be applauded, except by the profiteers.

a system diagnosed as "byzantine" is being renovated to become even more byzantine as a remedy?

really?

Could we not more effectively address the problem with discipline, open records, training seminars, Transparency  Initiative, and the Police equivalent of a CLE continuing legal education, where police have medical seminars in visual impairment, brain injury, islamic domestic violence in a culturally specific environment, etc?

For an example, i found that under Kenneth Whattam, sex crimes investigation had no specific cultural competency in the crimes of Honor Killing and Honor violence in religious or islamic communities. I was able to contact AHA Foundation's AYaan Hirsi ALi, who volunteered to train Portland Police and FBI on honor killing, Female Genital Mutilation, and honor violence as a crime similar, but different from Americanized misogynistic domestic violence.

My attempts to get this training collaboration going stalled.

I will try again, but would benefit if the courts could moderate some exhaustive multi-issue trainings which would bring police up to speed on cultural relativisms they need to understand .the subtleties of non-white-bread-macho-oregonian-racist-monoculture get lost when Police get to decide who is "mentally ill" based on their particular insular world view.

Police in UK are currently undergoing transformations in their capacity to brush off such Honor Violence crimes.

I would also recommend  great hero of mine is a Los Angeles sexual harassment and employment attorney Keith Fink. He could moderate and teach a Portland Police Sexual Harassment seminar, on how to prevent sexual harassment lawsuits by eliminating the legally risky behavior.  He could help the Portland Police determine that disgraced vertbally abusive Psychiatric Security Review Board chair  Mary Claire Buckley who calls her co-workers "bitch" is a legal risk worth avoiding in an implementation phase of the DOJ agreement. That the Police hire her to implement the DOJ thing to me demonstrates the lack of Portland Police Capacity to self-reform. Perhaps the Police themselves need better preventative and educational legal counsel.

When i observed City of Portland Legal Counsel David Landrum verbally abusing and misogynistically trashing the reputation of Pepper Spray litigant Elizabeth Nichols, i realized that the city is willing to bash victims to pieces in lieu of making reparations. the brutality of his USDC courtroom lack of decorum, and mosman's stupid protection of it, show that victim-bashing is the culture of portland police brutality and the city of portland is not to be trusted to self-reform.

the fact that an IPR investigation was ongoing in the case of Pickering, appeared to be the underlying concern with BHU stalking as a form of witness intimidation and harassment and retaliation. Pickering and I felt very intimidated and threatened by the BHU stalking of Pickering on the street and at home, such that i called second in command at BHU McCormick to ask that he discontinue the BHU harassment as it was unannounced, unhelpful, unprofessional, glib, medically invasive, presumptuous, condescending, and that we perceived it as a form of home invasion and stalking to retaliate against us for exercising our IPR 

and city council speaking rights.

i asked city council to refrain from street harassment by IPR reps. we were twice accosted by Casey Bieberich on the street and found the IPR outreach to be offensive, especially as legal counsel told us to refrain from IPR time-wasting.

The IPR itself was unfulfilling as their adamant denial of Pickering's ADA rights to an advocate, nurse, victim advocate, dyslexia translator, blind assistant---was so shocking to Pickering and I that we deliberately interrogated Casey Bieberich at length in the IPR kiosk about how and if and really they would deny any reasonable accommodations in their debriefing of a disabled victim of police. Bieberich adhered to her position that the victims must be interrogated in private: a form of one-on-one witness intimidation which we both instinctively found repugnant. Jonas Geissler suggested we communicate with Constantin Severe to see if he also had no understanding of the ADA. Wisely, Severe put to me in writing in email, a letter expressing ADA respect. Due to BHU harassment and the psychological strain put upon my mother by helping to care for Ben, we were unable to stay and pursue all effete administrative options, as the needs for better health care options and housing were pre-eminent, beyond engaging in relentless pursuit of bureaucratic time-wasting with IPR, etc.

My family suffered immensely under the strain of absorbing Pickering's story. My Elderly Mother became extremely volatile towards me, including a time in which she bullied ben and then called 911 on him, something which she has done to me in the past. The dispatch of Kyle Nice, a James Chasse killer, to my mother's house added only more terror to a catastrophic situation.

The strain on my family, meant that while my mother works as a Nurse at the VA, the trauma Ben Pickering experienced, and lack of social care, meant that she was working a second job in the Eng family home, intaking Ben's Portland Police brutality story and helping to assist with his basic needs like obtaining ID, Social Security payee and investigations of SS fraud, trips to Multnomah Aging and Disability services.

Her federal salary pays the house note, and my disability income was used for many of Pickerings Police Brutality related medical expenses.

In No part of the agreement are victim's rights and needs properly assessed. When caring families make up the deficits in this Siberia of justice, will your court honor our service and personal and economic subsidization of the Portland Police Brutality machine which maims people only to leave them to die on the streets?

it seemed a cruel joke to send killercop Kyle Nice, who was unable to do anything, as his killing of Chasse rendered him unable to set foot on the lawn.

i explained he is "famous on Copwatch."

I interpreted the dispatch of a killer cop, as a form of retaliation on Pickering and I for reporting the Police brutality Ben suffered in May. 

Under strain, my Mother went on to become more and more verbally explosive until we escaped in October.

I apologize for drafting her into my vision for post brutality victim's rights advocacy.

Ben Pickering's own mother is also verbally abusive, as well as extremely physically abusive. 

She also has defrauded him of medical and social security monetary settlements with impunity.

Due to the instability of our finances as Ben Pickering's Social Security was embezzled by 10-client-serving Nacole Smith of Transition Projects recommended Precision Financial Management, we stayed with Anne Eng for financial reasons. Attempts to find social support with the Pickering family were disastrous. I was met with a very clear understanding that Ben Pickering is a long-term chronic child abuse victim, whose un-assessed needs for safety as a blind American with Disabilities have been neglected by the state since Child Protection in California placed him in an abusive foster home in the early nineties, only to relocate him with a mother who physically abused him holding him by his hair to smash his face into the wall and beating him with a coat hanger after his TBI and blinding, for which she bears responsibility for neglect.

He was denied food and homophobically bullied as well by his mom.

The failure of the DOJ agreement to empower a comprehensive human services approach to keeping child abuse victims off the streets, where they will only experience more domestic violence and bullying by Portland Police, leaves this agreement tasting like flat coca-cola, without fizz, without sparkle, without effervescence.

I applaud you, Judge SImon for your attempt to bring a democratic approach to the proceeding. I chase off the skepticism which suggests that you, too, are only giving us the illusion of participation, because i want to believe our words and experiences will impact the way Portland Police do business.

I am concerned that the State Department lies when they say USA treats disabled persons better than any country in the world in promoting the Disabilities Treaty internationally. I am concerned that Portland Police will continue to violate ADA and make liars of the State Department Disabilities Treaty ambassadors.

Until the crimes that Pickering experienced are reported in a dyslexia, blind-friendly, sexual-assault abuse survivor friendly way, Portland Police continue to hurt him as they violate his ADA rights.

Until he is granted a face-to-face meeting with the officers who beat him and granted a report on their punishments, he will continue to feel cheated and violated by Portland.

I would like to re-affirm my concern that "commuted sentences" of "mental illness" crimes to police brutality victims in Portland will only pass the buck back to the victims of Portland Police Brutality, who are riddled with distrust and the kind of anxiety produced by Living for years with the Ghost of James Chasse.

To personalize this a little, My mother has a history of verbally abusing my father and myself. one day after one of her psychotic episodes, she called police on me, telling them i was the problem. She appeared to collude with psychiatric officials to deny me access to my dying -Navy-OSS-CIA grandfather, who left us $500, 000 for the education of the children. Since in her mind, i was "mentally ill" she felt then justified in stealing this inheritance for wall street gambling. the entire fortune was lost. she even had me sign to cash out my trust-fund while i was under the influence of non-consensual psychiatric drugs. Due to being conveniently dehumanized by psychiatry inflicted by a single-person name-blame game hearsay, i was left drugged out of my mind, and defrauded of a monetary inheritance and education and most importantly meaningful last contact with my dying loved one.

With huge reservations, i explain this to you, because my desire to work in law and politics since age 11, appeared to me at the time to be sabotaged by my mother's defamatory allegations of "mental illness" on one of the victims of her verbal abuse, neglect, and physical violence.  I was concerned that the defamation to my name and character would delimit any service i might provide for the public good.

I share this, because at all times, i felt that i was in the midst of a Psychiatric Salem Witch Trial, inflicted by one deranged person whose agenda of theft and acrimony has  riddled my family with pain and abuse since my earliest memory.

I am, like my father, cool and aloof, apathetic, if not autistic, whereas my mother is the loud, verbally abusive, crude, and epithetical one. That her abuse of me ended my personal freedom in the free world to me is an example of how psychiatric witch hunts initiated by perpetrators of domestic violence or police brutality, function as victim-blaming and witness-tampering in "gaslighting" victims into a position of self-doubt via medicalized torture in the tradition of MkUltra.

I write this to you, after her screaming at me this morning. The evidence of the strain this case has put on my family is apparent. If Portland was responsible in admitting blame and helping victims, we would not have to carry so heavy a burden.

I urge you to consider that my income is insufficient to provide the kind of Victim Support i believe every Police Brutality victim deserves, especially when disabled.

I also urge you to see how ORS statutes of limitations are especially punishing to Dyslexic Americans with Disabilities. 

Similarly, Pickering's Social Security income is insufficient to provide the post-brutality therapeutic and legal response necessitated by unchecked 2013 Portland Police Brutality---and shelter and house him safely away from all triggers and aggressors, including the BHU.

I gained the social confidence to meet Pickering as a way to get away from my mother's continued outbursts at me in 2013. When i found out Pickering was a Portland Police Brutality victim, i attempted to provide good service to USA v. Portland, by helping shape the outcome and tell the story which to me provided a clear case study in evidence disproving the PPB claim that they are compliant with the spirit of the DOJ agreement.

A film i made of PPB arresting Pinkie, a transgendered homeless person to me is also illustrative of the police abuse of transgendered people in cruel hand twists and bone crushing. Pickering complains of the bone crushing wrist twist and the pain he still feels in his wrist from the Portland Police assault.

I fear that Stalinesque "mentall illness" accusations will be used to gag victims. I am also concerned with Religious preferences which may be dissolved in Nonconsensual medications and drug experimentations initiated by Portland Police harvesting of indigent persons from the streets.

thank you so much for absorbing any contents of this letter. i would be happy to substantiate with email evidence, letters, chronology, timeline, or medical information should the need arise.

Respectfully,

Mary Rose Lenore Eng