DNA Evidence Links Unsolved Murder To OWS Subway Protest? UPDATE: Lab Error?

The NYPD made a rather startling announcement last night. They indicated that DNA evidence gathered at the crime scene for the 2004 murder of Sarah Fox matches DNA found on a chain used by OWS pranksters in a March 2012 stunt to lock open gates for subway stations so that commuters could go through for free.

Officials have linked forensic evidence from the 2004 murder scene of a 21-year-old Juilliard student to the scene of a recent Occupy Wall Street subway protest, NBC 4 New York has learned.

DNA evidence from the scene of Sarah Fox's murder in Inwood Hill Park eight years ago has been connected to DNA from a chain left in a subway station by Occupy protesters in March, NBC 4 New York first reported Tuesday.

Fox was found nude and strangled in the park in May 2004, days after she disappeared during a daytime jog. Investigators recovered her pink CD player in the woods just yards from her body.

Sources said Tuesday the DNA found on the CD player matches DNA found on a chain left by Occupy Wall Street protesters at the Beverly Road subway station in East Flatbush on March 28, 2012.

That Wednesday morning, protesters chained open emergency gates and taped up turnstiles in eight subway stations and posted fliers encouraging riders to enter for free.

A "communique" posted online later that day by the "Rank and File Initiative" described the act as a protest against service cuts, fare hikes and transit employees' working conditions.

It was attributed to "teams of activists, many from Occupy Wall Street... with rank and file workers from the Transport Workers Union Local 100 and the Amalgamated Transit Union."

No one was arrested in the March subway protest incidents. Police are continuing to investigate, and are now working to try to identify the source of the DNA found in common with the chain and the CD player.

There's any number of ways that the DNA could be a match. The same person that murdered Fox could have been among those providing the chains used to chain open the subway entrance or could have been among those who actually chained it open. It could be a transit worker or someone else entirely - such as someone who came into contact with the chains as they walked through.

Some people will attempt to link the murder to OWS, but without having the suspect in custody, there's no way to know for sure. It will depend on where the DNA was obtained from the chain - to rule out inadvertent contact with the chain such as someone passing through at one of the affected stations.

If it is found that someone involved with OWS was involved in this murder, it would be yet another black eye on the group, which had protested at Zuccotti Park for months and which sparked similar protests nationally.

UPDATE:
Well, there was another possibility that I hadn't considered before, but which is now a more likely scenario - lab error.

The DNA that investigators initially believed was recovered from skin cells on the slain woman’s portable compact disc player and from the chain found after the March protest came from a laboratory supervisor at the Office of the Chief Medical Examiner, the person briefed on the matter said.

“The O.C.M.E. tainted the samples and it was the O.C.M.E. supervisor’s whose DNA was on both,” the person said.

But Ellen S. Borakove, a spokeswoman for the Medical Examiner's Office, said, “We’ve excluded all medical examiner personnel.” She added that the office was still working on the test.

The Medical Examiner’s Office maintains a database of employees’ DNA for the purpose of eliminating such errors.

May Day Protests/Marches Across New York City

While most of the action in New York City appears to be in the Midtown area thus far, Lower Manhattan, including Federal Hall, Wall Street, and Zuccotti Park are empty of protesters/marchers on this May Day.

That's likely to change this afternoon and evening as metal police barricades are everywhere - especially along Broadway and around Federal Hall.

The metal barricades are everywhere along Broadway.

Looking South from Zuccotti Park at Broadway.

Mostly, it's just quiet.

A large police presence in Zuccotti Park but no protesters. 

The holding pen at Federal Hall is empty save one person. The police presence is everywhere though.

OWS Protests At Federal Hall in New York City

The Occupy Wall Street folks are back, but instead of focusing their efforts on and around Zuccotti Park, they're actually staking out space on the steps of Federal Hall. They're a minor diversion for the tourists and gawkers (of whom there are plenty), but they're really not getting much in the way of attention. The message hasn't really changed either. They're still railing against the income disparity between rich and poor, but most everyone passing by the area isn't giving the message much heed.

It's merely street theater to them:

The assembled interested folks taking photos and talking with protesters (5-10 at most).

Zuccotti Park, where a small group has a OWS table set up calling for a day of protest on May 1.

Railing against the 1%.

Looking down Wall Street towards Broad Street and Federal Hall; it's the typical security arrangement.

The steps of Federal Hall.

OWS Protesters Hope To Thwart NYSE Operations With Day of Action

I work a couple of blocks north from Zuccotti Park and the OWS had promised to make a mess of the local streets through protests and marches all day.

So far?

Not much of anything to report in and around the 9am hour from this vantage point. There were some demonstrations at Zuccotti Park and the plaza across the street from Zuccotti Park but traffic was flowing smoothly on Broadway and there was a boosted police presence in the area.

There was apparently an attempt to march on Wall Street and the NYSE, but the NYPD has effectively sealed off that area to protesters (lots of barriers and people must show ID to get into the vicinity). Major hassles for those working in that area, and I'm not sure how the subway stops (Wall Street has several stops within walking distance) are being treated, but I guess there's a big police presence there too. Apparently the protesters are getting in line to show ID - and slowing down the process, but it looks like things haven't been shut down.

Stay tuned as things could get interesting.

UPDATE:
Dozens have been arrested for attempting to block access to the Wall Street area.

Hundreds of protesters from Zuccotti Park clashed with the police as they tried to reach the New York Stock Exchange on Thursday morning, and at least 50 were arrested.

Protesters had vowed to prevent traders from reaching the stock exchange on Wall Street, and some traders did appear to have a hard time reaching the building. But the stock exchange opened for trading as usual at 9:30 a.m.

Many members of the group pushed through lines formed by police, waving signs and banging drums as they moved. The police started taking protesters into custody who had sat down on the street about a block away from the exchange.

“Sidewalk!” an officer shouted, shoving a protester out of the road.

Another protester held a sign nearby: “Tear down this Wall Street.” The demonstrators and the large deployment of police officers snarled traffic on streets around the exchange.

Gothamist is also live blogging the situation.

What Next For the OWS Movement?

After another state court judge issued a ruling allowing Brookfield Properties the right to control their own park and allowed New York City to clear Zuccotti Park of protesters and their belongings, including tents, sleeping bags, and other paraphernalia, the park reopened under the new more stringent rules.

No one will be able to bring sleeping bags or tents into the park, and security barriers and checks of belongings were being carried out. Protesters did reenter the park, but only about 50 stayed on overnight. Those who may attempt to sleep on benches or the planters in the park would be removed from the park as violating the rules, which are posted at the barriers. It was quiet for the first time in weeks, and the entire park property was accessible once entering through the barriers.

What exactly did the occupation of parks and open space in New York City and elsewhere actually accomplish? Where will the OWS movement go from here?

That's the question being asked all over the place among the media and pundit types, but perhaps more importantly, among the people who were directly involved in the protest squatting in several cities across the United States.

I'd say that they definitely got quite a bit of exposure on the protests for the sake of protesting, and raised awareness about income inequality, but people already knew that. Considering that at most a few hundred people were directly involved in the Zuccotti Park protests on a regular basis, but whose numbers swelled when various marches were conducted outside the confines of the park, there was outsized media attention on the protests. Location had quite a bit to do with the attention. After all, had these protests occurred in someplace like Union Square or Washington Square, no one would bat an eye since this kind of protest is a near-daily occurrence. The tent city visual didn't exactly help spread the message, and conservatives would characterize the protesters as hippies or other left-wingers who were on the fringe.

Certainly, there were fringe leftists and hippies at these protests, but there were also clearly middle class people who wanted to see changes in federal laws and regulations to reduce the influence of banking and restoring laws such as Glass-Steagal, which allowed banks to enter into transactions that were in part behind the market meltdown in 2007-2008. It's the latter group that needs to get its voice heard - these are the folks with real ideas and possible policy changes that can form the basis for reform. That doesn't mean it will be successful, but it's far more likely to be successful than trying to occupy a few parks and open areas in cities.

The protests gained the most attention when there were confrontations with police; whether it was rioting in places like Portland, or arrests for assaults among protesters in New York; or when they disrupted traffic by shutting down the Brooklyn Bridge. In fact, protesters are contemplating another shutdown of the Brooklyn Bridge, and marching on the NYSE at Wall Street tomorrow. Those optics and tactics don't endear themselves to other New Yorkers, many of whom rely on the Wall Street businesses for their jobs. Protesting outside a bank headquarters may gain attention, but it wont change the bank policy, let alone the federal regulations and laws that govern bank conduct. Those changes have to come from Congress and that means getting candidates elected who want to push through reforms to the banking and regulatory system.

The thing is that if the NYPD didn't crack down on the protests, they would have likely slowly disappeared as the cold of winter saw all but the hardiest types go on to other things. It was the earlier police actions that galvanized groups to join in support with the OWS movement and energized the crowds to grow and stick around, even during and after the freak October nor'easter.

The NYPD action to clear the protesters from the park may likewise cause the protesters to change tactics and focus more on policy than on occupation, although that may only come after one last attempt to disrupt the NYSE and Wall Street tomorrow. The sooner that OWS can focus on the policy, the better for the group. The country needs ideas on how to improve the moribund economy and reduce the chances that another market meltdown can occur, to say nothing of the growing income disparities and problems with funding health care and education. These are complex issues that can't be solved by occupying Zuccotti Park, but can be by engaging in the political process.

BREAKING: Judge Backs City Ban on Occupy Wall Street

In what could be a crippling blow to the OWS crowd, Justice Michael Stallman, has ruled against the protesters.

Hours after baton-wielding cops cleared Occupy Wall Street protesters and their tents from Zuccotti Park on Tuesday, a judge backed the clean sweep.

The ruling by Manhattan Supreme Court Justice Michael Stallman says that city can stop protesters from bringing tents, tarps and other camping equipment into the park.

The decision is likely to be appealed, so it was unclear if the city would immediately reopen the park to people without tents.

Some Occupy Wall Street protesters had already moved to another public space, owned by Trinity Church, at Canal St. and Sixth Ave., where they used bolt cutters to open a fenced-in area.

Police swooped in and made numerous arrests. Daily News reporter Matt Lysiak was among several reporters covering the confrontation who were arrested.

Other demonstrators were massed around Zuccotti, where the overnight raid netted the arrest of 200 people, including Manhattan Councilman Ydanis Rodriguez

An interesting note, the case was originally commenced by Order to Show Cause. An Order to Show Cause, in over-simplified terms, is a way to bring a motion before the court on an expedited basis. This requires a Justice's signature to shorten the notice period and to grant any temporary restraining orders that are requested. For this, the OWS lawyers turned to a friendly face:

When the cops raided Zuccotti Park, lawyers for Occupy Wall Street woke up a judge with a civil liberties background and asked for help.

Manhattan Supreme Court Justice Lucy Billings signed an early-morning order temporarily barring cops from keeping protesters and tents out of Zuccotti Park.

But within hours, she was off the case as court administrators chose a new judge — and excluded Billings’ name from the list of candidates.

Billings’ biography notes that before she became a judge in 1997, she spent three years as a lawyer for the American Civil Liberties Union and also worked work community legal services.

“I have devoted my career to public service, especially the disadvantaged in desperate circumstances,” she wrote in a 2007 pre-election statement.

Lawyers for Occupy Wall Street phoned Billings after cops moved into Zuccotti Park early Tuesday, evicted the protesters and got rid of their tents and other camp equipment.

Asked why they called her first, protest lawyer Daniel Alterman wouldn’t say, remarking that he’s not a “gossip guy.”

The lawyers also called an emergency hotline set up to assign judges to after-hours cases. A staffer told them that since Billings had already been contacted, she should handle the Zuccotti matter.

The OWS lawyers tried to forum shop, but the system worked. Don't get me wrong, I have first hand knowledge that Justice Billings is a fine Justice. And, waking up a friendly judge for an order to show cause is a well known practice, especially in criminal law for search warrants. I am also very familiar with Justice Stallman, another fine Justice. Either way, I am sure the First Department will have -- or probably already has -- a set of papers seeking an appeal of the decision. I would not be surprised if the change of Justices is raised as one of the appeal grounds.

NYPD Clears Zuccotti Park of Protesters In Dead of Night

The New York Police Department moved in overnight and cleared out Zuccotti Park, home to the Occupy Wall Street protests since September 17.



At least 70 people were arrested for resisting NYPD officers who cleared Zuccotti Park near Wall Street and the World Trade Center site in New York City. The NYPD moved in on the park in the dead of night, taking protesters off-guard. Most of the protesters offered no resistance, but some refused to clear from the park, tying themselves to trees or each other.

The protesters, about 200 of whom have been staying in the park overnight, initially resisted with chants of “Whose park? Our park!”

The massive operation in and around Zuccotti Park was intended to empty the birthplace of a protest movement that has inspired hundreds of tent cities from coast to coast. On Monday in Oakland, Calif., hundreds of police officers raided the main encampment there, arresting 33 people. Protesters returned later in the day. But the Oakland police said no one would be allowed to sleep there anymore, and promised to clear a second camp nearby.

The police action was quickly challenged as lawyers for the protesters obtained a temporary restraining order barring the city and the park’s private landlord from evicting protesters or removing their belongings. It was not immediately clear how the city would respond. The judge, Justice Lucy Billings of State Supreme Court Judge in Manhattan, scheduled a hearing for later Tuesday.

Mayor Michael R. Bloomberg, who scheduled a news conference for Tuesday morning, had issued a statement explaining the reasoning behind the sweep. “The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day,” the mayor said in the statement. “Every since the occupation began, that law has not been complied with” because the protesters had taken over the park, “making it unavailable to anyone else.”

“I have become increasingly concerned – as had the park’s owner, Brookfield Properties – that the occupation was coming to pose a health and fire safety hazard to the protestors and to the surrounding community,” Mr. Bloomberg said. He added that on Monday, Brookfield asked the city to assist in enforcing “the no sleeping and camping rules.

“But make no mistake,” the mayor said, “the final decision to act was mine.”Some of the displaced protesters regrouped a few blocks away at Foley Square, with the row of courthouses on Centre Street as a backdrop and police officers looking on. The protesters swapped stories of their confrontations with the police and talked about what to do next.

One protester at Foley Square, Nate Barchus, 23, said the eviction was likely to galvanize supporters, particularly because a series of gatherings had already been planned for Thursday, the protest’s two-month anniversary.

“This,” he said, referring to the early-morning sweep, “reminds everyone who was occupying exactly why they were occupying.”

At the park they had occupied since mid-September, workers using power washers blasted water over the stone that covers the ground. Soon the park caught the attention of people passing by on their way to work who had become accustomed to seeing the protesters’ tents and tarps.

The protests have accomplished little in the way of tangible progress although they have managed to highlight income inequality.

The park will be reopened to the public, but no one will be allowed to remain overnight.

Many of the protesters who left Zuccotti Park made their way to Foley Square, which is where state and federal courthouses are located. I doubt that they'll remain there for long and either take the show over to Union Square or Washington Square Parks. Some may try to make their way back to Zuccotti Park, but I don't expect to see another encampment there although a judge signed an order not only allowing the protesters to return to the park, but that they can take their tents with them.

Click to enlarge: Read the full court order

I think the judge is misreading the law and has taken an overly expansive view of free speech that infringes on the rights of the property owners (Brookfield Properties) whose rights are being trampled by not being able to maintain their own property because the protesters have squatted on them.

Businesses in the immediate area may breath a sigh of relief as the Zuccotti Park protesters have made a mess of sidewalks as barricades have limited access and some restaurants have lost significant business. Yet, the protests were largely confined to the park; it was when the protests marched off to other locations that mayhem (mostly arrests for disorderly conduct) ensued. In some respects, it would be easier to leave the protesters in place and deal with the security situation there rather than let the protesters disperse and find their way in to other locations, such as Wall Street itself.

Some protesters have vowed to shut down Wall Street Thursday, which sets up another potential confrontation with the NYPD. The clearing of Zuccotti Park may have been done in anticipation of those expected marches/protests at the NYSE on Thursday, but may not have the intended effect.

Still, it's interesting to note that for all of the press coverage of the OWS protests, we're talking about all of a couple hundred people at most engaging in protests at any one time in Zuccotti Park. From that perspective, the ability to garner press to the degree it has is quite remarkable even if the message has been more than muddled about what the protests sought to accomplish.

It's also important to note that there are distinctions between the OWS movement in Zuccotti Park and those in other cities or overseas, where there have been more violent confrontations than here in New York City. Part of that can be attributed to how Zuccotti Park's protesters have "organized" but part of that has to do with the nature of who has been attracted to the protests.

UPDATE:
The number arrested is now closer to 200.

Photos From Zuccotti Park

Here's a series of photos taken during the lunch hour from in and around Zuccotti Park.

While much attention has been put on the drum circle and the incessant racket from the drumming, I've found that you can barely hear the drums above the din coming from the adjacent construction sites at 4WTC and 3WTC. In fact, if you go one block north on Church Street, you can't hear anything other than the sound of motors and pumps for the construction projects. You'd have to wait for a lull in the construction noises to hear the drumming at least during the daytime hours.

One protester has sought to bring about student loan bankruptcy reform - trying to get student loans held to the same standard as other loans for discharge through bankruptcy.

Construction workers eating lunch and some of the signs plastered to the wall  along the south edge of the park.  The protest demands are among the more coherent of the bunch that have been proffered - and I've posted about some of them in the past.

Hydrofracking is one of the big issues that seems to have caught the attention of the protesters.  There are quite a few signs throughout the park calling for an end to hydrofracking (the measure is up for regulatory review in New York and could affect the NYC watershed and water quality throughout the state). 

Some of the military-grade tents that have gone up along the south side of the park. The first aid tent was even advertising that they were giving out free flu shots.

The location for the drum and prayer circles has slowly given way to an ever larger bunch of tents, pushing the drum circle into a smaller area. 

Published with Blogger-droid v2.0.1

Another one of the military-grade tents, compared with the lightweight tents used by most others throughout Zuccotti Park

The tents are still a hodgepodge of lightweight 2- and 4-person tents that are ill suited for the winter.

Devaney and McCarthy are considered two of the most influential people responsible for the market meltdown; Devaney oversaw a hedge fund, while McCarthy is a homebuilder who engaged in shady practices. 

The anarchists are trying to organize. And no, I'm not kidding - they're trying to gather for a November 15 action.

Published with Blogger-droid v2.0.1

Contrary To MSNBC Report; Guy Fawkes Masks Aren't Symbol of OWS

Despite the MSNBC report claiming that Guy Fawkes masks being the Occupy movement symbol, the fact is that I've seen all of one person with that mask down at the Zuccotti Park protests. The guy, when interviewed provides an incoherent stream of babble about how he's defending everyone's rights but can't name a single thing he'd want. But he's been down there since the beginning and isn't shy about getting to the fringes of the park where the cameras are located. He's looking for attention - and he's getting it.

The masks themselves represent a movement of anarchists and was inspired by an awful movie (V for Vendetta) in which the antihero wears the mask as he attempts to fulfill the mission of the original Guy Fawkes - to blow up the British Parliament building.

Look at a photo or news clip from around the world of Occupy protesters and you'll likely spot a handful of people wearing masks of a cartoon-like man with a pointy beard, closed-mouth smile and mysterious eyes.
The mask is a stylized version of Guy Fawkes, an Englishman who tried to bomb the British Parliament on Nov. 5, 1605.

"They're very meaningful masks," said Alexandra Ricciardelli, who was rolling cigarettes on a table outside her tent in New York's Zuccotti Park two days before the anniversary of Fawkes' failed bombing attempt.

"It's not about bombing anything; it's about being anonymous — and peaceful."

To the 20-year-old from Keyport, N.J., the Fawkes mask "is about being against The Man — the power that keeps you down."

But history books didn't lead to the mask's popularity: A nearly 30-year-old graphic novel and a five-year-old movie did.

With so many disparate groups involved in the movement and when anyone can set up a tent in Zuccotti Park and protest anything they see fit, it's impossible to rid the park of individuals who are pushing for an anarchist agenda.

The Latest From Zuccotti Park's OWS Protests

So how are the protesters dealing with the lack of generators after the NYPD and FDNY confiscated them as a fire hazard? They've gone and become their own generators - using bikes to power generators:


Local businesses continue suffering from the ongoing security measures put in place after OWS protesters took over Zuccotti Park. One business claims to have laid off a bunch of part time workers because business is down significantly as a result of the security barriers limiting the traffic to his establishment.

Marc Epstein, owner of the Milk Street Cafe at 40 Wall Street, just let 21 employees go.

The reason? The barricades police have set up throughout Wall Street as a consequence of the ongoing demonstration.

In June, he opened the New York branch of the Boston shop, which has a 30 year history. Epstein says he leased the space on Wall Street because it was next to a pedestrian plaza – and his was the only restaurant along that plaza.

“The opening was perfect,” Epstein told CBSNewYork.com. “The food was delicious, the customers were happy, and the line was out the door.”

Customers kept coming back, Epstein said.

“Everything was going in the right direction. Sales continued to grow. We started to build our catering business. Costs were going down. I felt that by October or November we would break even.”

Then the Occupy Wall Street movement launched.

“I came one Monday morning and I found the exit by the 2 or 3 subway station closed. I saw all these barriers – barricades – all up and down my street,” Epstein said. “At first I thought nothing of it, but after a week… it’s been six or seven weeks now.”

The security barriers are meant to thwart protesters from marching into the Wall Street hub area around the NYSE and Federal Hall, but they have also served to thwart tourists and local businesses from carrying out regular business. These measures are in addition to the barriers installed in the wake of 9/11 to protect the stock exchange from potential attack by car/truck bombs.

Note too that the building where the business is located is owned by none other than Donald Trump, so expect Trump to squawk about the situation.

Local politicians continue weighing in over the protests, and Shelly Silver, the Assembly Speaker, has come out against the protests after spending time on the fence. He's been joined by other Democrats, including Rep. Jerrold Nadler, who represent the area of Lower Manhattan. They're demanding the city crack down against the nuisances, particularly those protesters who are defecating and urinating on local streets and the incessant noise coming from the drummer groups along the west side of the park.

While expressing sympathy for Occupy Wall Street protesters and their right to protest, the elected officials wrote to Bloomberg insisting he solve growing concerns.

“Some of the protesters, and others who have opportunistically joined the crowd for unrelated reasons, have created serious qualify-of-life concerns for residents of the immediate area,” the letter states.

The group complained about public urination, nonstop drumming - and erected barricades that make it difficult for local residents to get around.

“It is important that these quality-of-life concerns are addressed in an effective and thoughtful manner by the city so that they do not keep recurring,” the letter states.

Silver, at the Capitol in Albany, told reporters that exercising one’s First Amendment rights “should not include defecating or urinating on sidewalks.

“What we want is a recognition that other people have a constitutional right to enjoy their home, that businesses have a right to do business unimpeded by people who are exercising their First Amendment rights,” he said.

Meanwhile Mayor Mike Bloomberg and former Mayor Ed Koch sparred over the protesters and whether they were focused on the right target. While Bloomberg suggested that the real beef was with Congress and Washington, Koch pointed out the problem with someone stealing a bike going to jail while someone who stole millions got a fine.

Both are serious problems, but the issue of fines is one that Congress has to address - that's not merely something that Wall Street can rectify on its own. It means giving teeth to the penalty structure in place for Wall Street and financial malfeasance.

At the same time, a new poll suggests that the makeup of those protesting isn't quite what people may think.

The poll by Fordham's Center for Electoral Politics and Democracy released last week found that the Occupy Wall Street movement is 68% white, 61% male and 28% unemployed. But most of the protestors are college graduates and 22% hold advanced degrees.

It also found that only 25% of the protestors identify with the Democratic Party, while 21% want Rep Ron Paul (R-Texas) to become the Republican Party nominee for president.

The project by Costas Panagopoulos, professor of political science at Fordham and students, surveyed 301 protestors camped out at Zuccotti Park from Oct. 11 to Oct. 14, with a response rate of 78%. Only one other such survey of Occupy Wall Street exists and it polled fewer protestors, Panagopoulos said.

“The group is very liberal and part of the Democratic base,” Panagopoulos said. “But a surprising number don’t plan to vote."

The OWS rabble rousers seem to detest the Tea Party movement, with 75% giving it two thumbs down.

But, like their conservative counterparts, the Zuccotti Park denizens don’t trust Washington to “do what is right” and 97% disapprove of how Congress is handling its job.

More protestors identify with the Socialist Party than the Republican Party, and more than a third identify with no party at all, the survey found.

A surprising percentage support Ron Paul, which suggests quite a significant libertarian streak among protesters, which isn't nearly what Panagopoulos suggests. It isn't surprising that there's a significant liberal presence, but there's a confluence of anti-government sentiment among the protesters that has all kinds of shades - from socialist to libertarian.

The Daily News reported that a group claiming to be affiliated with the OWS protesters that circulated a supposed manifesto codifying various demands of the protesters is a bunch of bunk.

The Latest From Zuccotti Park's OWS Protests and an Albany Update

Overnight, the New York metro area got hit with quite a bit of rain, and it turned a whole lot colder. That cold will last through the weekend, and weather forecasts are putting snow in the forecast for Saturday. While the suburbs north and west are being threatened with 6 inches or more of snow, the city itself is likely to see a dusting to an inch at most.

It will be a most unpleasant situation for those trying to tough out the protests at Zuccotti Park. Making it even more difficult is the FDNY and NYPD, who have confiscated generators and propane and gas tanks and other equipment as fire hazards and are looking for fire code violations.

The FDNY were looking for safety violations. At issue: Propane tanks and gas generators being used to keep the protesters warm. The inspection, involving dozens of firefighters, was overseen by Fire Commissioner Sal Cassano.

Protesters turned over six generators and dozens of gasoline cans, Mayor Michael Bloomberg said. He reiterated that the protesters can stay as long as they want, provided that they follow the law. Bloomberg spoke on his weekly radio show on WOR.

Earlier this week, fire officials had raised concerns to the city about potential fire hazards in the park, especially as the temperature drops. Protesters are using tents, sleeping bags, and more to help them stay warm. It will be interesting to see how the protesters cope this weekend, when New York City may get its first snow of the season – even if it is expected to be just trace amounts.

While the temperature is dropping in the city, things may be heating up between protesters and the police. Thursday, the head of the NYPD’s Sergeants’ Union issued a warning to demonstrators.

He says protest-related incidents that leave cops injured could be met with civil lawsuits.

That warning came after escalating violence at Occupy demonstrations around the country.

While the NYPD unions are threatening lawsuits against those that attack police officers, I also expect a slew of suits against the police department on grounds that they violated the protesters civil rights or used undue amounts of force to subdue protesters. Some of those cases may be valid, but each will take time to investigate. Already, one such incident resulted in a police officer being reassigned after he used pepper spray against a protester inappropriately.

Meanwhile, a Fox 5 NY reporter, John Huddy was threatened with an assault by a protester who was angry and otherwise incoherent. NYPD arrested the person, and Huddy was quick to point out that protesters' reactions to him have been generally friendly and accommodating. Huddy has been covering the protests on a daily basis from Zuccotti Park along with a handful of other reporters, so he's a known quantity down there to the protest "spokespeople".

I expect some to use the Huddy incident as an indictment of the whole, but as Huddy notes, that's the exception to the general rule among the protesters.

Meanwhile, upstate in Albany (where there's also snow in the forecast and much colder weather, people marchedfrom the Occupy Albany encampment in Lafayette Park near the State Capitol to to the War Room, protesting Gov. Andrew Cuomo’s support for letting a surcharge on high income New Yorkers expire.

Another issue that is a hot-button topic for the protesters is hydrofracking, and while Mayor Jerry Jennings is supportive of the OWS Albany protests (including resisting calls from Gov. Cuomo to disperse the protesters from the park), he's vetoed a city ban on hydrofracking. Jennings correctly notes that the state has yet to promulgate rules on hydrofracking and it's premature to take an action when the state is going through the process of setting rules.

While some local politicians have supported the OWS movement, others are warily moving in the other direction, including Assembly Speaker Shelly Silver, whose district includes Zuccotti Park.

Silver, at the same time, tried to distance himself from the Occupy Wall Street protesters encamped in his Lower Manhattan district.
“I don’t consider them political allies,” he told reporters after an unrelated news conference in Manhattan. “The people have a right to be heard . . . But I also believe that neighbors have a right to enjoy their homes as well.”

That's even as he supports extending the millionaire's tax surcharge for New Yorkers.

UPDATE:
As to the threat of the police suing protesters who attack cops, there's a few interrelated issues. One would be that workers comp would likely supersede the civil action to recover from the defendant in a legal action. However, if a civil action can proceed, it would be like any other assault/battery case in NY. The police officer, as the plaintiff would have the burden of showing that the defendant assaulted him or her.

Thing is that we usually don't get such warnings when police officers are injured in the line of duty (such things happen all the time). We don't hear about a cop suing a drug dealer who shoots and injures the cop in the line of duty - yet they're going after these protesters with a threat of a lawsuit. That's pretty ballsy.

UPDATE:
In a related note, Chris Nolan is filming the next installment of his Batman series in New York City over the next few days and may include some background shots of the protesters at Zuccotti Park in some fashion. After his New York appearances, the Dark Knight will find his way to Newark for more exterior shots.

Continuing Protests At Zuccotti Park Bring New Problems

It seems that the NYPD is being kept busy, not with the protests themselves, but by crimes in and among some of the protesters.

Two days after a man accused of assaulting three female protesters in Zuccotti Park was arrested, some friends of his threatened to kill the woman who had filed the complaint that led to the arrest, the police said on Tuesday.

One of the men accused of making the threats, Hasan Castillo, 23, of East Orange, N.J., was arrested Tuesday night.

The police said one of the men told the woman: “You had our friend arrested — we’re going to kill you. Watch your back.” The men are being sought for witness intimidation.

The initial assault occurred on Saturday, when Garfield Leslie, 19, of Brooklyn tried to sell cocaine to protesters, than attacked the three women, one of whom fell and broke her wrist and another of whom suffered a cut lip, the police said. He was arrested later that night.

By and large, the protesters have been trying to keep out the criminal element, but since anyone can join the protests and camp at the park, people who have no connections to the protests can fill in - including homeless and other less savory characters.

Yesterday, I saw a minor spat between a couple of protesters over placement of tents within the park - complaining that they were taking up space meant for someone else. I was also noticing that some of the flower beds are now getting trampled as those with tents are taking up more space within the park, and those in sleeping bags are being pushed off towards the raised planting beds along the side of the park. Police have also cordoned off the area surrounding the sculpture that some yahoo climbed over the weekend. That area had been a gathering/focus point for protesters along Broadway.

I should have new photos/video posted later today.

UPDATE:
As promised, here are the photos:

The drum circle group along Church Street.

Captured for your attention.

These were plastered in several places around Zuccotti Park, and relate to the Obama Administration's Secure Communities program and illegal aliens.

Food prep under the tents.

Among the issues: hydrofracking, medicare for all, and health care, as well as outsourcing of jobs (apparently by Verizon).

The tents at Zuccotti Park.

Protesting the war on workers near the corner of Broadway and Liberty.

The protests aren't complete without the usual crazy conspiracy theorists. This  is another one of the cranks out to sue Johnson and Johnson.

Another view of the drummers in Zuccotti Park making a racket.

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OWS Protesters at Zuccotti Park Showing Signs of Schism?

Over the weekend, there were quite a few reports of dissension among the ranks. There were questions about how much money was being donated and where it was going. In particular, some groups were independently raising money and then going to the OWS finance committee, but weren't getting funds in return commensurate with what they had raised or needed.

The oft-mentioned drummer groups that have caused quite the stir since the protests began over their incessant racket (though not always heard above the din across the street at the WTC complex), has raised quite a bit of money but haven't seen much in return. They had some of their equipment vandalized or stolen, and haven't gotten reimbursed for replacements.

The weather has definitely turned colder over the weekend, so whether the protesters occupation of Zuccotti Park is going to start wearing on those who are holding on to the idea of remaining through the winter.

I don't see the protests lasting through the winter at all. In fact, New York City policy about enabling the police department to take homeless people off the street and put them in shelters when temperatures drop to dangerous levels (below freezing) or during serious weather events (snowstorms). That will likely spell the end of the protests no matter how much money they claim will enable them to stay in the park indefinitely.

Also, as I had previously indicated, the NYPD is starting to claim that the overtime costs associated with the protests are going to affect crime fighting elsewhere in the City. The NYPD is claiming that they don't have the manpower or funding to target high crime areas as a result of the protests. I'm not sure I completely buy the argument with a police force as large as the NYPD, but it does mean that some manpower is being devoted to the protests that would otherwise be assigned elsewhere. Would that have a measurable effect on crime? It is possible.

As it is, no one really knows what it would take for the protests to end at the park because no one really knows what their end game is. Ask 10 people at the park, and you'd get 10 different answers although the general theme is about income inequalities and the growing chasm between rich and everyone else. That strikes a chord with many people who see how the rich are able to survive and thrive under the current economic turbulence, but those in the middle class are watching their limited funds wither as they fail to get the raises and income adjustments to compensate for increases in health care and other costs of living.

Politicians are also have a tough time trying to figure out the movement as compared to the Tea Party, which clearly marked the government as the source of the problem.

Zuccotti Park Protests; Video From Today

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Sorry about the typo in the headline, which I've now fixed. Blogger-droid was having issues, so this may end up posting a couple of times. I'll be adding a couple of photos too.

UPDATE:
Here come the photos:

Yet another attempt to try and improve community relations.

An addendum to the rules. 

A vagrant science experiment? No, it's a working display of treating grey water with natural  processes. What that has to do with the protests? Not a thing, but that's what these protests are - they're what the people protesting wants them to be and the viewers and media can have their own take.

As usual, the usual suspects have shown up, and are in prime viewing area for  pedestrians to view along Broadway. 

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UPDATE:
Noise has been a big issue for residents within earshot of the park. They met last night at Community Board 1's meeting and aired their grievances against those protesting at the park, even as they reiterated their right to protest there.

This isn't the first time that noise has been an issue with residents near Ground Zero and the WTC complex. There's quite a bit of angst and anger towards protesters who didn't care that their rights were infringing on the rights of people living in earshot of the protesters.

These are the same people who have been fighting with the Port Authority to limit the noise emenating from the WTC worksite - limiting hours that the contractors can do demolition (including explosive excavation), and major work is limited to certain hours. The Millennium Hilton, which is across the street from Ground Zero and two blocks from Zuccotti Park, has sued the Port Authority and Silverstein Properties over the noise.

Silverstein Properties contends that it ceases all work at 6pm and picks up again in the morning on areas it's building (2, 3, and 4WTC). Much of the excavation is related to the PATH hub and transit work for the 1 line underpinning. The rest of the site is primarily focused on construction, which is less noisy than the demolition that had permeated the site for so long.

The Port Authority has paid for certain soundproofing but it's a constant fight - and they claim that the noise doesn't exceed levels set by the City. If you're not one of the designated buildings, you're out of luck.

The dull roar from the WTC construction is actually not as bad as it could potentially be, but it's omnipresent. It also dulls out the drum circle coming from Zuccotti Park - but if there's a lull in construction, that drumming would echo through the area, which has a growing residential population.

Today's Ongoing OWS Protests From Zuccotti Park

Protests have continued with no sign of slowing down, although the gusty winds are presenting challenges for the protesters who are roughing it in the park. There are fewer flags and posters than I've seen in prior visits, and it seems that the strong winds and rains overnight may have played a role in that - they're either covered up under tarps, or were taken down in the rain/wind.

The protesters are also attempting to improve their community relations and are attempting to do a better job of keeping the park clean, and I will note that they've gone out of their way to avoid trampling on the garden areas within the park that are planted with mums and other flowers since they began the protests more than a month ago. They're largely sticking to the paved surfaces.

A good neighbor policy being displayed along Broadway.

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Protesters have also put together a good neighbor policy, even as their drummers are busy pounding away along Church Street. As usual, they've got crowds.

Sign along Broadway asking for donations to support protesters looking to stay in Zuccotti Park through the winter.

They've lumped together the sleeping bags and other equipment that they've received and/or are using in big piles along the edge of Zuccotti Park, and they've assembled a sanitation crew.

Meanwhile, the crowds continue to have some familiar faces, including some of the usual wackjobs who have been floating around the protests for a couple of weeks including this guy. However, no sign of the anti-fluoride conspiracy nutter or the 9/11 troofers today.

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I'll also note that I didn't see any of the anti-Semitic crap that others have noted, including at Salon (where a counter-protester had an appropriate sign).

UPDATE:
While I didn't see any anti-Semitic or racist signs, I did see a sign touting the legalization of marjiuana as a way to raise tax revenues. I'm sure that will gain lots of adherents.

On the Wall Street Protests and Herman Cain's Misguided Critique

More tents have sprouted up at Zuccotti Park overnight and their donations have apparently increased significantly in the past 24-48 hours (to around $435k from $300k raised in the first 30 odd days since they started). The rain is expected to be quite heavy today and that's not exactly prime camping weather under the best of circumstances - it's got to be miserable for those who are staying there.

That leads me to the next point. Republican candidate for president and current frontrunner, Herman Cain mentioned yesterday during the debates that he thought that the protesters had the wrong target in mind for protests. When asked about the OWS movement, Cain thought that they should be protesting the White House for $1 trillion in failed stimulus and other failed economic policies, but he ignores that the economic troubles began before the stimulus package was envisioned, and before the TARP plan.

It began when Wall Street businesses engaged in highly speculative and risky repackaging of securities and no one had a clue as to their value, particularly when the real estate bubble collapsed.

That's not on the White House exclusively. That's on government (including Congress) failure of oversight to reign in the risks - and some of the blame falls on those who engaged in those transactions. That includes the so called masters of the universe on Wall Street who had no problem with these transactions and the credit ratings agencies who kept up the facade that all was well with these repackaged transactions until it was obvious to anyone with a pulse that they were worth less than junk bond status.

Protesting Wall Street may not accomplish anything other than raising awareness of the inequities inherent in the existing economic system, but that's still significant. Change has to come through voting in candidates who are committed to improving the system, not a wholesale dismantling of the system we have and floating economic policies that are a joke on its face (like Cain's 9/9/9 plan).

There is need for serious reform of the business oversight on Wall Street to avoid future meltdowns such as occurred during 2007-2009. That requires tackling both political and business issues. Neither is exclusive of the other because of the incessant flow of money into politics from the very businesses that are regulated by government.

Do Nothing And OWS Gets What It Wants

One of the ongoing themes from the Occupy Wall Street protests is that the wealthy aren't paying their fair share or that they should be paying and doing more to make up for the federal government bailouts that helped keep the credit markets afloat.

Well, here's something that people probably don't realize.

If Congress does nothing, the tax rates will increase to their pre-2001 levels in 2013, just after the 2012 Presidential elections. If President Obama is reelected, this means that he will be able to thwart Republican attempts to further roll backs of the end of the Bush-Obama era tax rate reductions.

The reduced rates were initially scheduled to expire after 2010, but Congress extended the lower rates as part of plan to avoid tax hikes in to the teeth of a recession, but it didn't generate the kinds of job growth that one should have expected.

So, now if the OWS protesters that continue to grab attention at Zuccotti Park are paying attention, they'd know that doing nothing and making sure that Congress is divided and fractured to the point of stalement will make sure that the tax rate reductions expire and are replaced by the top tax rate of 39.6%, and a whole slew of other tax adjustments expire at the same time.

It would be a huge infusion of tax revenues - but not nearly at the rates that some of the protesters would want.

Complicating matters some is the deficit committee that is expected to give their recommendations this November. There are some on the panel who refuse to even consider tax hikes, even though no plan of spending cuts alone will cause the budget situation to improve. It will take a combination of tax increases and spending cuts to bring the budget into alignment (along with a healthy economy on which everything rides). Lower energy costs would also provide a boost for the economy, but there are now concerns that heating energy costs are likely to be 25% above last year's already high levels. I've seen that first hand as my oil contract is significantly higher than last year's levels and while I had some measure of price protection based on my contract, it's going to be hellish for millions living in the Northeast, particularly those reliant on oil heating.

More on the Zuccotti Park Protests

I just got back from Zuccotti Park, and it was more crowded than it's been in the past few days - and that's with the rain/drizzle and more rain forecast. Media trucks are plentiful and I've got to think that the threat of eviction to clean the park this morning energized the crowds and got more people to show up - and to show up to see whether the protesters would be evicted.

The end result is that there's a lot more people, but within the park itself it doesn't seem to be a police presence and things were its usual state of protest drummers and occasional chants - but peaceful.

Posting photos shortly.

UPDATE

Significantly larger crowds during the noon hour at Zuccotti Park today.

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UPDATE:
This particular incident occurred earlier this morning and deserves further scrutiny. A protester, who was later identified as someone belonging to the National Lawyer's Guild, was apparently hit and/or run over by a NYPD officer on a motorized scooter on Broadway. Here's the video:



It shows that the guy was up close and personal with the cop on the scooter, and then there's a scrum. The guy ends up on the ground, everyone pushes forward, and then the cops move in to move everyone out of the way - and appear to be arresting and/or treating/dealing with the guy who was "run over".

The guy at most had his foot run over by the scooter - not exactly getting run over by a car - and his reaction appears to be playing up the incident for the hoards of videographers and photographers present.

One thing to further keep in mind is that almost everyone in the protests and covering the protests has a camera of some sort - and many have video capabilities. Thus we'll get multiple views and Kurosawa would have a Rashomon field day.

CBS News reports that the guy lost his balance and was run over, which would indicate that it was accidental. But note that you've got photographers and videographers lining up to capture the scene (they block some key details in this video btw, like whether the guy purposefully put his foot in the way of the oncoming scooter and/or played up his injuries for the assembled media. Others in the crowd are busy shouting that the guy's leg was run over, which would be a neat trick considering the size of the scooter involved.

I expect to see an inevitable lawsuit against the NYPD for the incident - and this video may well be included as evidence.

UPDATE:
The NYT has more on the incident, including that the person was a legal observer for the NLG named Ari Douglas. Unlike the NYT representation of the video, I see the officer get off the scooter and attempt to contain the scene until other officers show up to assist. Note that there was a group of people converging on this officer at the critical moments when the man fell, and it's little wonder that the guy is now under arrest on multiple charges.

UPDATE:
The New York Times has updated its coverage and it notes that at least several independent eyewitnesses claim that Douglas purposefully put his foot under the scooter and that he was never trapped at any time.

The Daily News quoted one of its photographers, Joseph Marino, as saying that the scooter “definitely hit” Mr. Douglas but did not run him over. “I saw him sticking his legs under the bike to make it appear he was run over,” Mr. Marino said.

Mr. Browne said he was also told by The Associated Press that one of its photographers witnessed Mr. Douglas deliberately putting his feet under the scooter.

Brookfield Backs Off But Protesters Scuffle With Police As They Headed To Wall Street

Brookfield Properties, which owns Zuccotti Park, backed off demands that the protesters at the park clear areas so that the owners could clean the park of debris from more than three weeks of protests. The company can make its own rules/code of conduct for park usage, even though it is open for public use and enjoyment.

The 7:00AM decision to not clean the park was met with throngs of cheering protesters, some of whom braved the strong thunderstorms that rumbled through the region last night dumping more than an inch of rain on the area.

Yet, shortly after the decision not to clean the park was made, a group of protesters broke off from the main group and attempted to march on Wall Street itself with brooms and were met by police. There were clashes and arrests. Police claim that they were attacked by protesters hurling garbage and bottles. At least four people were arrested this morning. MSNBC reports 10 were arrested.

NBC News reported that police used the scooters to try to force protesters off of the street at several locations on Wall Street and Broadway.

In some cases, police rode scooters directly at people who stopped traffic and refused to move away.

Demonstrators threw bottles and one threw a garbage can at police, according to reporters on the scene.

WNBC reported that at least 10 people had been arrested as police tried to stop about 500 people, with brooms raised in the air, from marching on Wall Street.

NBC News said that one person who had been arrested was injured and bleeding and was taken to the 7th precinct for treatment. NYPD was extending shifts for some officers across the city in response to the situation.

Despite the police's efforts, protesters were gathering at the Stock Exchange, NBC News said.

Gothamist and the Daily News also has more photos, including one guy who has been interviewed by media outlets before wearing a Guy Fawkes mask. This particular idiot claims that he's protesting for the people but refuses to show his identity out of some misguided belief that he's doing so for the people. We'd just have to ignore that he's wearing a mask attributed to a guy who sought to overthrow the British government in a foiled terror plot (he has been involved in a plot to bomb the House of Commons).

Police are now checking identification cards for access to the Wall Street areas at Broadway and Wall Street.

Confrontation Looms At Zuccotti Park Over Need To Clean Park

Brookfield Properties, which owns the land on which Zuccotti Park is located, wants to get in and clean the property (power washing to eliminate grime and remove trash and other debris from more than three weeks from protests). Mayor Mike Bloomberg came by the park yesterday afternoon to promise that the cleanup would proceed and wouldn't involve a permanent removal of the protests. The mayor's office released a statement formally ordering the protesters to cooperate with the sanitation workers and that the work will proceed in stages.

That follows a letter submitted by Brookfield Properties to NYPD Commissioner Ray Kelly:

Brookfield's Letter to NYPD asking to "clear" Zuccotti Park of Occupy Wall Street protesters



OWS organizers aren't buying the claims and say that they will clean the park themselves

Their declaration reads:
On Wednesday/Thursday, all campers/supporters should reach out to friends/family/anyone to donate or purchase brooms, mops, squeegees, dust pans, garbage bags, power washers and any other cleaning supplies to be collected at sanitation. The sanitation committee should move full-speed ahead on purchase of bins allocated by consensus at GA.

After General Assembly on Thursday, we'll have a full-camp cleanup session. Sanitation can coordinate, and anyone who is available will help with the massive community effort! Then, Friday morning, we'll awake and position ourselves with our brooms and mops in a human chain around the park, linked at the arms. If NYPD attempts to enter, we'll peacefully/non-violently stand our ground and those who are willing will get arrested.

Afterwards, we'll march with brooms and mops to Wall Street to do a massive #wallstcleanup march, where the real mess is!

I doubt that Brookfield would go along with that, considering that they want to make sure that the park's electrical systems and other infrastructure is maintained. Brookfield has been more than gracious as allowing the protesters to occupy the space, but the protesters need to show their hosts some latitude as well.

On today's agenda for celebrities showing up at the park: Tom Morello of Rage Against the Machine.

UPDATE:
I just got back from a quick scouting of Zuccotti Park. Things were somewhat more subdued through most of the park, but Tom Morello of Rage Against the Machine had a good sized crowd (couple hundred from the looks of it) surrounding him near the sculpture at the corner of Liberty and Broadway. There was a group of percussionists at the other end of the park for a time and some of the protesters appeared to be making an effort to tidy things up with brooms. New signs of note were about how they were going to spend the day cleaning up around the park and tomorrow they'd clean up Wall Street.

A lot of the paper signs were under tarps with all the rain overnight and showers expected through to the weekend. It's certainly put a bit of a damper on things.

The Brookfield Properties cleanup hasn't started, but individual protesters were tidying up and moving tarps and sweeping up some areas of the park.