January 3, 2015

Give me justice or give me death.

Immediately after being assaulted by David Allen, David B., and Donald Rizzo, I was sat up from being unconscious on the sidewalk by SFPD officers. I was handcuffed and fully restrained, seated with my face pushed against my knees looking East down the 18th st. sidewalk. I could see some officer talking to Pauline Zebrowski and various other people.

The INSTANT I knew there were police officers present I did exactly as my father had told me to do when I was a little kid and he was an NYPD Officer (Ret. Deputy Inspector, 30+ years of service). Specifically, follow all instructions given, inform them that my dad is NYPD, and ask for a lawyer. I did just that. First, no instructions to follow were given. I was completely restrained, just awoken from a brutal assault and had clearly visible bleeding head injuries (even according to police reports), any movement I made was done by the officers holding me in place. I said "my dad is NYPD".

To which the officers responded "NYPD ISN'T GONNA HELP YOU HERE."

I even tried to correct myself and add "retired" because I thought I had said something wrong by not mentioning that. Confused about why I was attacked in the first place and now being beaten by the officers sworn to serve and protect. That detail of leaving out that my dad was retired was the only reason I could possibly think of as to why they were assaulting me. As the officers wrenched my handcuffed arms up behind me causing permanent damage to my right shoulder, pushed my face to the concrete, and beat my limp body.

I tried to say I want a lawyer while they beat me, but I can't be sure it came out loud enough to hear. My body went numb and all I could feel was the sidewalk grinding against my face. I was picked up and thrown into a police vehicle of some sort. Lying on a cold dark floor, bleeding, I was eventually picked up again and cuffed to an ambulance gurney. I told MEDIC 93 what happened while on the way to San Francisco General Hospital. He wrote it down in his report.

"Patient is well-groomed, Patient complains of assault, pt sts "i got beat up by the police." tearful and terrified. anxious and restless. "can you please ask the police to leave!" multiple abrasions to face and right arm. MAE. no neuro def at this time. denies any LOC. "i don't know why they beat me up. i was just standing there talking to a friend and then they jumped me. i'm so scared." balls up into fetal position."

- Medic 93

Officer Poespowidjojo was there, sitting at the foot of the ambulance gurney, listening intently while glaring at me. He looked like he wanted to kill me.

Per the paramedics report and from photos, including ones taken in the hospital by SFPD officer G. Hansen. Here is the difference in injuries the police reported and the reality of the my injuries:

SFPD Victim injuries report

Injuries report. Scan of original police document, overlay in orange showing actual injuries

It's not entirely wrong. At least they got that I'm male and not pregnant correct.

While in the Emergency Department at San Francisco General Hospital I was given a precautionary tetanus shot because of the copious amounts of abrasions and lacerations that were forcibly ground against the sidewalks of San Francisco. X-rays of my right shoulder and elbow were done to rule out broken bones. Resulting in the diagnosis of a sprained rotator cuff that causes ongoing pain despite doing the prescribed physical therapy exercises for over 6 months. A CT-Scan of my head was also preformed to rule out bleeding into my brain due to the severe head injuries sustained from being knocked to the cement, first by Donald Rizzo sucker-punching me in the back of the head while holding onto the hood of my sweatshirt and then when sitting on the ground by SFPD.

In the ED room officer G. Hansen very specifically told me that I would not see the other officers again that night. Despite this, when my head was taken out of the CT machine, officer Poespowidjojo was back. When I asked what was going on and what happened to the other officer, Poespowidjojo told me "It's better if you don't say anything." Upon repeating my question about wanting to know what was happening he yelled "JUST SHUT UP" - A 100% clear violation of California Penal Code 841 :

841.  The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it...
   The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.

Shortly after being brought back to the emergency department room from having a CT Scan of my head, I was served with an Emergency Protective Order (EPO) by SFPD officer Cota. You don't even have to go past 8 words of lies on the paper to see the blatant falsification, sexism, and intent by the officers to railroad me to jail. It specifically states by officer cota: "Bayer was waiting in front of Zebrowski's house,..." That's weird, since none of this happened on the same street as her address. 

So, Officer Cota, where was my protection? Where is the EPO against these people who surrounded and attacked me? When you served me that paper I said "that's great as long as it goes both ways" and you asked "why would it" with a hateful scowl on your face.  I very specifically told you I was jumped by her friends.

To which officer Cota responded: "You should have said something earlier, right now you're going to jail."

He produced a card from his pocked saying this would be a good time to to this and proceeded to tell me I was under arrest for assaulting Pauline and read off the card what seemed to be basic Miranda Rights. To which I responded by reiterating that I was attacked the friends of Polly Zebrowski and that I want a Lawyer.

I was handcuffed behind my back, walked outside to a police car, and made to sit on my hands contorted behind me with a sprained shoulder. I pleaded with officer Cota to cuff me in front of my body due to severe pain in my hands and shoulder. He refused.

Driven to the San Francisco County Jail, I was locked in a concrete and steel box, still bleeding. I was forced to strip naked, bend over, and spread my cheeks by irrationally angry workers (If this was done to any woman it would be called rape). Fingerprinted, photographed, and told nothing beyond that I was going to be transferred to a different facility in Oakland at some point in the morning. I was given a sheet of paper with the lies of why these officers arrested me. This is a drastic, illegal, over-reaching of police to keep me imprisoned beyond identification and processing). When I, again, asked what was happening all they would tell me is that I could wait in jail for my arraignment date (initially set for Thursday, April 10th - beyond the legal time limit between arrest and arraignment) or "bail out." Since my phone was stolen by the people who assaulted me, I was unable to call anyone. And, apparently, you are not allowed to pay your own bail. The only option was to call a bail bond company that charges a, state mandated, 10% of the total bail amount ($29,000). $20,000 of which was because of Polly Zebrowski's false accusations of domestic assault.

This is false arrest and imprisonment by SFPD, Pauline Zebrowski, David Allen, and Donald Rizzo:  "in the case of a misdemeanor, summary conviction offense, or non-criminal offense (such as a municipal by-law offense) the officer may arrest the suspect only long enough to identify the suspect and give the suspect a summons to appear in court" - source.

The next day my lawyer called the District Attorneys office who told us all charges had been dropped (clearly a lie by them since the assigned prosecutor, Courtney Burris, proceeded with arraignment anyway), but I'll get to more about that in a post about having to fight the joke of a legal system we have here in America.

These officers knew exactly what they were doing. They acted as my judge, jury, and very nearly executioners due to their arrogance and lust for power and as a direct result of Pauline Zebrowski's, and her friends, lies. Officers COTA #357, CUADRO #1253, and POESPOWIDJOJO #?) are guilty of severe and intentional criminal misconduct and human rights violations against victim of a crime. I demand their immediate removal from SFPD service and criminal prosecution without the protection of the police union (they don't deserve your help).

Further; officer Anderson #4232 (listed as the Reviewing Officer) is guilty of severe negligence and perjury as listed in the Officer Declaration portion of the police report. Per the police document: "I declare under the penalty of perjury, this report of _5_ pages is true and correct, based on my personal knowledge, or is based on information and belief following an investigation of the parties involved." Filed by the reporting officer time stamped at 5:33am and signed off as reviewed signed off as reviewed at 5:37am. No investigation was done at all. Officer Anderson claims to have fully reviewed (having personal knowledge and/or having investigated the parties involved) the incident on april 6th in four minutes, and then signed off on an absolute lie of police brutality and misconduct.

Section 836 of the California Penal Code specifically indicates my right to make a citizens arrest. The officers intentionally denied (and continue to deny) that right and purposefully ignored their mandate by California law to advise me how to safely execute the arrest.

   836. (b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen's arrest,… This information shall include advising the victim how to safely execute the arrest.
Injuries caused by SFPD, Donald Rizzo, David Allen, David B

Some of the injuries caused by being assaulted by SFPD officers, and Donald Rizzo, David Allen, David B.

In 1841, the United States Supreme Court issued its decision in the case United States v. Libellants of Schooner Amistad stating:

“...it was the ultimate right of all human beings in extreme cases to resist oppression and to apply force against ruinous injustice.”

- Senior Justice Joseph Story from the Records of the Supreme Court of the United States.

Give me justice, or give me death.

Read the other post about me having been assaulted by friends of Polly Zebrowski.