So this tells you about what you need to know about the cops’ respect for the First Amendment and the public’s right to know, as well as their contempt for the judicial system when caught in a lie.
A New York police officer who arrested a journalist/photographer on assignment for The New York Times in 2012 was convicted, albeit three years after the fact, in what was a simple, straightforward case, of falsifying a record to justify the unlawful arrest.
The officer, Michael Ackermann, 32, in the center of the photo above, was found guilty of a single felony count of offering a false instrument for filing. Officer Ackermann had claimed the photographer, Robert Stolarik, interfered with the arrest of a suspect by repeatedly discharging his camera’s flash in his face.
A subsequent “investigation” found that Stolarik did not own a flash or have one on his camera at the time. One does wonder how long such an investigation might have taken, considering it should have taken about 10 seconds after the arrest. Got a flash, sir? No? Ok, thanks, you are free to go.
“I think it’s important; it’s rare that people are held accountable for their actions,” the journalist said. “In this case, he lied, and he lied to protect himself, and it turned on him.”
Officer Ackermann testified during the trial that he had made an “honest mistake” when he claimed Stolarik’s camera partially blinded him as he helped fellow officers make an arrest. He said he had mistaken ambient light at the scene for a camera flash.
Wait, could we stop right there for a moment? Who has ever had a flash photo taken of themselves? You know, like when you see spots in front of your eyes for a few moments? Is there anyone other than this cop who can say with a straight face that it is possible to mistake a flash for no flash? In the dark, for God’s sake?
The prosecutor rejected Officer Ackermann’s explanation and contended that his actions had interfered with the freedom of the press and had subjected Stolarik to unlawful search and seizure, violating his First and Fourth Amendment rights.
Stolarik was taking pictures for a story about the NYPD’s controversial stop-and-frisk tactics, themselves considered by many to be a violation of the Fourth Amendment, when he saw officers arresting a young black woman. He was thrown to the ground and arrested by Officer Ackermann, charged with obstructing government administration and, of course, resisting arrest. The charges were quickly dropped.
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