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Film Features Film/TV

Music Video Monday (On Tuesday): “Hottest Day EVER!” by Akion Kat

In a first for Music Video Monday, Akion Kat’s “Hottest Day Ever” video comes with a “Context” message from YouTube. “Climate change refers to long-term shifts in temperature and weather patterns, mainly caused by human activities, especially the burning of fossil fuels.” Indeed, July 2023 was the hottest month on record.

Giving the rock-and-roll weather report is Akion Kat maestro and friend of Music Video Monday Paul Garner. (Their new album Transgress! is now available on Bandcamp.) He repurposes The Sex Pistols’ most famous refrain “No future for you!” for the sweltering twenty-first century. Enjoy!

If you would like to see your music video appear on Music Video Monday, email cmccoy@memphisflyer.com.

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Film/TV Film/TV/Etc. Blog

Music Video Monday: Aktion Kat!

Music Video Monday is muy bueno!

For our last Music Video Monday of 2020, we turn to Aktion Kat! Paul Garner’s emphatically named group will be releasing their first full-length, Toxoplasmik, on January 18, 2021.

Garner also created the animated video for the new record’s first single, the band’s Spanish theme song “¡Gato De Acción!” So say “meow” while you “Smash the patriarchy with a baseball bat” with Aktion Kat!

Music Video Monday: Aktion Kat!

If you would like to see your music video featured on Music Video Monday, email cmccoy@memphisflyer.com. 

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News News Blog

ACLU Wins Illegal Surveillance Ruling Against MPD

Saying that there was “clear and convincing evidence” that the city of Memphis actively pursued covert surveillance of four local activists, U.S. District Judge Jon P. McCalla decreed on Friday that the ACLU of Tennessee could sue the city of Memphis for breaking a 1978 agreement prohibiting the city from conducting such activities. 

Judge Jon P. McCalla

From McCalla’s decision: “The Court finds that the ACLU-TN has demonstrated by a preponderance of the evidence that it was the entity that entered into the 1978 agreement with the City. Thus, the ACLU-TN has standing to bring the lawsuit.”

McCalla’s ruling came as a result of an August trial to determine whether the ACLU had legal standing to pursue a lawsuit on behalf of local activists Elaine Blanchard, Keedran Franklin, Paul Garner, and Bradley Watkins, who claimed they had been illegally spied upon by the Memphis Police Department and other city agencies.

The city violated several areas of the consent agreement, McCalla ruled, including: intercepting phone calls and electronic communications, using a fake Facebook profile of “Bob Smith” to learn of activists’ activities, and failing to properly inform officers of the parameters of the 1978 ruling. The city also utilized the local Office of Homeland Security to gather information on Memphis activists. From the judgment:

* The police department conducted “political intelligence”as specifically defined and forbidden by the consent decree.
* The department operated the Office of Homeland Security for the purpose of political intelligence.
* The department intercepted electronic communications and infiltrated groups through the “Bob Smith” Facebook account.
The department failed to familiarize MPD officers with the requirements of the decree.
* The department did not establish an approval process for lawful investigations into criminal conduct that might incidentally reveal information implicating First Amendment rights.
* The department disseminated information obtained in the course of an investigation to individuals outside law enforcement.
* The department recorded the identities of protest attendees for the purpose of maintaining a record.

The judgment is available in PDF form here and goes into great detail about specific activities conducted by MPD and the city in their efforts to spy on local activists and their groups. Surveillance was conducted against activists from Save the Greensward, Black Lives Matter, and other groups, and photos were taken at several marches and protests. Details of the city’s surveillance operation begin on page 20 of the attached document

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Film/TV Film/TV/Etc. Blog

Memphis Social Justice Documentary Who Will Watch The Watchers? Premieres at University of Memphis

Filmmaker Gary Moore didn’t set out to create a verité portrait of Memphis’ grassroots protest movements. “This started out as research for a narrative project I was doing that was looking at issues of homelessness and what the police were doing. I started following these events, showing up, and shooting video, and that seemed more important as things went along. I felt compelled to show and tell what I found out.”

Who Will Watch The Watchers? had its world premiere on September 15 at the Justice On Trial Film Festival in Los Angeles, and on Thursday, September 28 it will get a Memphis bow with a free screening at the University of Memphis.

Moore did interviews and chased fast moving events with his camera as the Black Lives Matter movement exploded across the nation and the disaster of the 2016 election unfolded. “It became a people’s history of three or so years of Memphis activism,” Moore says. “Written history tends to focus on what the generals did, or what the presidents did. What’s affecting the people gets buried below the headlines. As it went along, it tracked a timeline and grew a story. It has a protagonist, Paul Garner, and an inciting incident, all the elements of a narrative. It puts into context so many of the things you’ve been seeing in the news.”

Moore spent three years “embedded” with protestors as they sought justice for unlawful arrests, first through the police’s internal affairs process and then in the courts and on the streets. “Memphis United did an excellent job with its grassroots campaign. This movie turned out to be a case study of grassroots activism, and all the pitfalls of that.”

Who Will Watch the Watchers? includes footage of the infamous 2013 South Main trolly night hip hop event that ended with police arresting those filming them as they broke up the party. “At first, I guess I would say seeing people get arrested for filming police made me mad. It got my attention in a special way. If you’re arresting people just for looking at you, obviously you’ve got something to hide.”

Moore’s concern is on the core issues of police accountability to citizens they serve. “The film examines the expanding ways we have seen police, due to dash cams and cell phones, and drills down on ways law enforcement and politicians counter free speech and their own accountability.”

Moore wants the film’s local focus to encourage people to become more active in their community. “I think if nothing else, the film instructs and educates. It shows you how things get done, and don’t get done, in Memphis.”

Who Will Watch The Watchers? screens at the University of Memphis’ Arts & Communication Building, Room 250, on Thursday, September 28 at 7:00 PM.

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Cover Feature News

Alyssa Moore: Survivor

“Jared McLemore is live on Facebook.” Those who clicked immediately saw a dark street scene with trees in the background. Then, McLemore, shirtless, rushes into the frame and sits crosslegged, his expression strangely blank. He pours gasoline over his body from a red can. Voices come from offscreen as he fumbles with matches. A second body rushes in, tackling him, but it’s too late. The frame is filled with flames. Fully engulfed, but eerily calm, McLemore runs off screen. The screaming begins.

***

Rock-and-roll came naturally to Alyssa Moore. Her parents were punk rockers in the Antenna scene of the 1980s. She picked up the guitar and wrote her first song at age 8. At 13, she played her first gig — a kid’s birthday party. Music became her passion, her escape from reality. “I’ve had family problems my whole life,” she says. “When I turned 14, 15, it was the worst it had ever gotten. They were fighting constantly. … My dad was gone. My mom was so depressed that she would just come home every day and go to sleep.”

Up until the ninth grade, she had been an A student. After the divorce, her grades faltered. Two months into her junior year, Moore dropped out. “I got my own apartment and started living as an adult. I’ve been living in Midtown since then.”

She met Will Forrest when she was 15. “I remember hearing her music on her MySpace at the time,” he says, “and thinking she was a pretty rad musician. We wound up both frequenting the open mic at Java Cabana and started playing music together.”

The two started dating. They recorded their first album with engineer Kyle Johnson at Rocket Science Audio. “I always wanted to be a rock star,” she says. “Every night I would go to bed, put on my headset, and listen to whatever female musician I wanted to be at the time: Courtney Love, Chrissie Hynde, whoever. Being a rock star is awesome. But I wanted to be able to do what Kyle did.”

Johnson became her mentor. “He just trusted me so much and had so much confidence in me,” she says. “Instead of teaching me everything, he said ‘Here’s the keys. Go play. The only way you’re going to figure this out is if you do it a million times.'”

After about five years, Moore and Forrest’s romantic relationship cooled, but their musical collaboration remained strong. Their new band was called Strengths. Their music was a mix of punk, metal, and math rock, with savage guitars and sudden time changes. It was smart and complex. Then, in November 2014, she met McLemore.

“He introduced himself after a Strengths show,” recalls Forrest. “He’s an excessive personality, talks a mile a minute. He was really funny. He wanted to dominate the conversation and be the center of attention.”

The day after the show, he sent Moore a Facebook friend request. “He was working at Ardent; I had started doing sound at Murphy’s. I was a studio rat at that point. It just made sense for us to get together.

“When we started dating, he asked a lot of questions. He was very intelligent. He had an imagination that I was drawn to. Because I was so fascinated with music and with recording, and he was as well, that was essentially our relationship for the first eight months.”

McLemore told Moore that he had been diagnosed with rapid-cycling bipolar disorder. “His mental illness didn’t scare me,” Moore says. “I knew what depression felt like, and I knew that it causes you to do and say things that you wouldn’t otherwise do. I watched my mother, in my childhood, be super depressed, and I saw when she came out of it, she blossomed. This is a guy who has had shitty luck his entire life, I thought. He’ll be okay, I just have to prove to him that somebody can love him with a mental illness.”

Mitchell Manley met McLemore when they were 17 years old. “When I was living in Milan and was playing in bands with him, I knew he had a lot of personal trauma.”

McLemore was married while in Jackson. But after about seven years, his wife left him in the middle of the night. “None of his friends ever saw her again,” says Manley. “Shortly after his wife divorced him, he attempted suicide. He tried to shoot himself, but the gun jammed. They airlifted him to Memphis and immediately put him into mental health treatment. Then he tried to start a better life.”

Moore says she did her best to help McLemore. “As he opened up to me about his illness and the things he had done about his illness, I was like, ‘You need to be on medicine. Don’t be ashamed.'”

Moore says that while they were together, they smoked marijuana but didn’t take any other drugs. With her family’s painful history of alcoholism, Moore didn’t drink, and for a while, McLemore didn’t either. “He admitted to me that he had an Adderall addiction from the ages of 22 to 28. He was prescribed Adderall, because doctors thought he had ADHD instead of bipolar disorder. That was a big mistake. They gave speed to a psychopath.”

After five months, the couple moved into a Midtown guest house. “If something went wrong, he would say ‘I’m going to kill myself.’ He would break down and cry a lot, and I would hold him and console him.”

Strengths was one of the tightest bands in Memphis, but McLemore convinced Moore and Forrest that something was wrong. Forrest says McLemore suggested starting a new band. “He offered the solution that he would play drums, and we could be super tight. But it wound up being a way less-functional band, and it fell apart.”

The new band played one show. “After that show, Jared said, ‘Look, I’ve tried to be friends with Will. I just can’t do it.’ So, we talked to his therapist about it, and even his therapist sided with him. He said it was strange for me to be in a band with my boyfriend from high school. She convinced both of us that me being friends with Will was a bad idea. … Looking back, [Jared’s] motive was to isolate me from my friends.”

“This trajectory is very common,” says Dr. J. Gayle Beck, professor of psychology at the University of Memphis. “This pattern almost ensures that she has less social support and few places to turn when stressed.”

***

In February 2016, Moore and McLemore were working together in the studio. “I don’t remember what caused the argument, but he stood up, grabbed my wrist, pulled me up, dragged me to the bathroom, closed the door and locked it behind us. He pushed me to the corner, and pushed me down on the ground. He held my hands back, and said ‘Okay, this is it. Now you’re going to die.'”

Trapped against the wall in the bathroom, Moore talked McLemore down from murder. “I scraped my hand against the wall. I remember looking at it and thinking, ‘Well, I’m bleeding because of my boyfriend. But it’s so tiny. Surely this means nothing. He just had a bipolar episode.'”

Moore told no one of the incident. “It is shameful to say, ‘Hey, the man I love locked me in the bathroom and tried to kill me.’ You feel like an idiot.”

Terror and threats became regular occurrences. “He was very smart about not leaving bruises in obvious places,” she says. “To the day he died, he would say, ‘I never beat you up,’ but I would say that he did, because that’s what it felt like.”

Beck says there is a broad range of abusive behaviors beyond beatings. “There is a common belief that Intimate Partner Violence [IPV] is only abuse if it entails hitting and punching. IPV subsumes physical, emotional, and sexual abuse. Sometimes abusers will threaten to kill the victim and later say, ‘I was just angry — I’d never do that.’  Being threatened with a weapon is abuse.”

“People ask, ‘Why did you stay with him?'” says Moore. “I beg that they look at their own relationship and imagine their partner turning on them and wondering how long it would take for them to be like, ‘Okay, I gotta get out.'”

***

The first week of August 2016, Moore got a rare moment away from McLemore. She used the opportunity to contact the National Domestic Violence Hotline. “At that point, when you have somebody else validate you like that, you kind of freak out a little bit. I wasn’t quite prepared to make a plan to leave at that point. But having someone else tell me, ‘Yes, you’re being abused. You need to leave’ is so powerful.”

Two weeks later, McLemore accused Moore of flirting. “He said that I’d been slut dancing to this band. My denial of it sent him over the edge. I was making dinner when he decided to attack me.”

Alyssa Moore

The kitchen in the Midtown guest house Moore shared with McLemore became the scene of an attack.

At knife point, he forced her into the bedroom. “He said, ‘Take your clothes off. Now.’ I just kind of looked at him, because he had never done that before. He said, ‘You know what’s going to happen. Do it.’ And he has the knife in his hand. So, I get naked, because I have to. He comes over to me and gets on top of me. He doesn’t rape me, other than what he’s already done by making me get naked. He grabs my neck and holds my face down. He chokes me. Then he stops, lets go for a minute, and watches me. Then he does it again a second time. Beyond that, my memory blacks out. I disassociated a little bit. I know at some point he ran, but he didn’t take my phone with him, so I called 911.”

The police took the report and told her to find another place to stay. Moore went to her mother’s apartment. “I had to tell her everything.”

Moore informed her friends that McLemore was on the run from police. Two days later, musician Josh Stevens saw McLemore walking on Madison. “At this point, he had either given up and he authentically wanted help, or he just couldn’t run any more and wanted somewhere to recharge. We took him back to the house. He was very docile.”

The next day, Stevens’ girlfriend and McLemore’s cousin took him to the Memphis Mental Health Institute. Instead of checking himself in to the hospital, McLemore bolted. Stevens rushed to Moore’s side. They called the police. “Then we saw Jared.”

McLemore started running towards Moore. “He was literally going to kill her,” says Stevens. “I saw it in his eyes. …The last thing I remember my friend Jared saying to me — and I say this because he wasn’t my friend after this — was ‘I should have killed you and your girlfriend last night when I had the chance.’ We tussled. I got him down, but he got away.”

McLemore stole Moore’s car. As he was driving away, Moore’s father Mike was arriving. He recognized McLemore and followed him. McLemore stopped, got out of the car, and the two fought. Again, McLemore got away. Meanwhile, the police had arrived. Moore says they were less than helpful. “I told them what had happened the night before, and they just kept hushing me. They didn’t look up at all. No eye contact or anything. They didn’t tell me what to expect, where he was going, nothing.”

McLemore returned to the house and gave himself up to police. He was committed to the Western State Mental Health Institute in Bolivar.

“I think that we expect too much from law enforcement in this domain,” says Beck. “It takes a woman [on average] six or seven attempts to successfully leave an abusive/violent romantic relationship. The implication of this is that the police will be called multiple times to her address. If they ask him [or her] to leave and the couple reunites, they have done all that is within their power to do. We cannot rely on the police to ‘solve’ the DV [domestic violence] in Memphis.”

After he was released from the hospital, McLemore was taken to jail. His mother bailed him out, and he was put on diversion. He went to live with her in Milan, Tennessee. He was forbidden to contact Moore and fitted with a GPS ankle bracelet.

In early September, Moore decided to make her story public, inspired by other women in Midtown who had called out their abusers on Facebook. “They were not saying these things to villainize their abusers and rapists. They were saying things to give courage to people who had had these things happen to them. Tell them, this happened to me, too. … In retrospect, I did it exactly wrong. I should have posted every picture I had, every screenshot that I had. I shouldn’t have given him any benefit of the doubt. Some people who are raping, abusing, hitting, being violent — sociopathic people — they cannot change their behaviors. Why should we not call them out?”

Moore’s Facebook post detailing her abuse at McLemore’s hands was widely seen and shared in the Midtown music community. One of the women who saw it was Jessie Honoré, a domestic abuse survivor who had become an advocate for women in similar trouble. “I had friended [Alyssa] because she is so great. I reached out to her. She’s younger than me. I’m a mom of two. I felt like I could offer her some advice.”

Honoré invited Moore to an online support group for Memphis women who have been victims of intimate partner violence. “Abusive relationships make you question your own judgment and your own gut instincts,” Moore says. “So, having a group to nurture you while you’re coming out of that fog is invaluable.”

The months that followed were free of abuse, but Moore faced new complications. She was stuck paying for rent at both the studio and her home. Moore had been advised to buy a gun, but she wasn’t comfortable with firearms. Instead, she got a knife for protection.

For a while, McLemore seemed to be getting better. He expressed regret publicly and privately. But it didn’t last. He moved back to Memphis, and the threats resumed. “He was sending and posting pictures of himself with a gun in his mouth,” says Moore.

Jared McLemore’s messages.

After being contacted by multiple concerned people, Moore eventually texted McLemore. “I sent a message that said, ‘Don’t talk to me. Get your shit together. Stop circulating these pictures. Don’t kill yourself. Things aren’t going to be awful forever.’ He sent a bunch of apologies. I said ‘Thanks, I don’t want to hear any more from you.'”

The contact turned out to be a mistake. “Throughout March and April, he would contact me. It was suicidal stuff, so I would call the police. I was not dealing with him any more.”

On the evening of May 9, 2017, Moore was washing dishes in her apartment. She looked up to see McLemore staring at her through the window. McLemore scraped the screen with something metallic. It was her knife. “He had obviously broken into my house or my car to get it, because those were the only places I ever kept it. He told me he had a gun. He said ‘I ought to kill you.’ That’s when I ran into the bathroom and called 911 again.”

When police arrived an hour later, McLemore was gone. “I told them many times that he was on probation, that he sent me pictures of the gun in his hand.” The police seemed skeptical of the situation. They told Moore that the Domestic Violence unit would call her the next day. The call never came. “I was afraid to go outside,” says Moore. “I didn’t think he had any reason not to kill me at this point.”

Desperate, she made another Facebook post detailing McLemore’s threats. “My intention up until the day he died was to get him into a hospital. I kept thinking, ‘he only wants to kill me because he’s depressed.'”

On Thursday, May 11th, Moore went to the Family Safety Center to file a restraining order against McLemore. She was told it took two hours to process, and the center was closing in an hour. That night, Moore got a message from McLemore’s roommate. “The police had shown up, searched the house, but they couldn’t find the gun,” she says. “Jared was acting sane and normal, so they didn’t take him anywhere. This was after the Facebook post, after hundreds of people had called the police. They showed up to his house, searched the place, and left. They didn’t take it seriously, at all.”

The next morning, Moore returned to the Family Safety Center. “Through them, I was able to get a warrant for his arrest,” she says. “Eventually, I went to work. I figured the police were coming.”

***

Friday, May 12th, at Murphy’s was a triple bill. Paul Garner had contracted with Moore to record his band, Aktion Kat. “We booked the show about a month prior. We respected Alyssa as a recording artist, and we knew she would do a great job.”

Garner, an activist at the Mid-South Peace and Justice Center, learned about McLemore from the Facebook post. “This was a person who had done everything a victim is told to do and was essentially shrugged off.”

Moore had asked Forrest to come to the club. “There had been so many times when he would threaten to show up,” he says. “I would go up there a lot of nights and hang out. I was really exhausted, so I said I would go next door and lay down for a minute. I kind of dozed off.”

Murphy’s staff was aware of the situation, so Moore says she felt safe. “I thought surely the police were going to come and arrest him. But about 10:30, I got a message from him: ‘I have a warrant out for my arrest. I didn’t assault anybody. I must die.’ Then about an hour later he showed up.”

Aktion Kat was setting up when McLemore walked in and made a beeline for Moore. “He was shirtless, and he was already covered in gasoline. He grabbed my arm and rubbed it down a time or two and nodded. He had told me, ‘I’m going to cover myself in gasoline and set myself on fire. That’s how I’m going to die.’ He said goodbye, and he kissed me. Then he went outside.”

Garner chased McLemore out the door, followed by Moore and other people. No one knew he was broadcasting his suicide live on Facebook. “By the time I got outside, he was on the other side of the street, assuming the crosslegged position and pouring the stuff over his head. I had a couple of seconds to try to prevent him from doing what it was obvious he was about to do.” He charged McLemore and tried to kick the matches from his hands. “As soon as I made contact, I felt the heat.”

Moore was at the door. “The flames shot up 10 feet high. At this point, I don’t see Paul. All I see is Jared on fire.”

McLemore silently stood up and ran toward Moore. Garner was on fire too. “I saw the little grassy field next to the P&H and thought, maybe that grass is wet. I was rolling around over there until my friend Scott Prather ran across the street and jumped on me and put me out.” Moore waited until two other people ran in before she closed the door. “There was a moment when I was on one side of the door, and Jared was on the other side of the door. I was staring him in the fucking face while he was on fire. I was trying to lock the door, but the heat was so intense.”

Moore fled into the bar. McLemore burst through the door. “I saw Steve [Wacaster] coming out with the fire extinguisher,” she says. McLemore crumpled to the ground as Steve sprayed him with the fire extinguisher. “People were pouring water and beer, trying to put him out. It was nauseating.”

Forrest was awakened by a call from Moore and ran into Murphy’s. “Jared was laying there, half melted. He saw me. I could kind of hear an eagerness in his voice when he saw me. He said, ‘Will, help me. Will, help me.’ The smell of him. … I will never forget that.”

Outside, Moore was in shock. “Some woman — I don’t even know who it was — grabbed me and hugged me and said, ‘You don’t have to be afraid any more. I’m not letting go of you.’ It was exactly what I needed right then. I wish I knew who it was.”

***

The horrific video quickly went viral. Within hours, it had spread to England, where The Sun tabloid published it on their website.

Garner was taken to the hospital with second and third degree burns on his calves and hands. He was briefly kept in the same room as McLemore, who died about eight hours after the fire.

“I really wanted to highlight that I don’t like the whole hero individual narrative that they were trying to hit me with,” he says. “I wanted more to be focused on, why did this happen? This person had been reported multiple times. He had been active on Facebook, and when people were tagging police and asking why they didn’t do anything, he was commenting on those threads. As someone who has experienced police surveillance in recent years, I know they have social media tools like Geofeedia that they are using to track us and where we are having protests. I wish that same kind of energy would go into a legal investigation into someone who has been reported as a threat by other folks.”

That night, Jessie Honoré started a GoFundMe campaign for Moore. “She was very insistent on the details being correct, and very insistent on not asking for a single penny more than she would need. We broke it down. What if we were able to raise enough money so you didn’t have to go to work for 30 days? What is six months of trauma therapy? I reached out to a local therapist and asked what she would charge Alyssa for therapy.”

The goal Honoré settled on was $6,300. More than $25,000 rolled in the first day. “That was just Midtowners,” says Honoré. “Then it went viral across the country the next day.” When the GoFundMe was finally closed after a month, more than $42,000 had been raised. A benefit concert at Memphis Made Brewery raised an additional $3,000. “It changed her life,” says Honoré. “That’s an awesome thing that came out of this. People give a damn.”

***

“After the fact, it’s an easy conclusion to state that Jared’s mental health was a factor. I would not draw this conclusion,” says Beck.

Three American women are killed by their intimate partners every day. A 2006 study by the Violence Policy Center estimated 1,000-1,500 murder-suicides happen annually, the vast majority of which involve men killing their intimate partners. A 2015 study by Everytown for Gun Safety found that 57 percent of mass murderers have a history of domestic violence. If Moore had not made the community aware of her plight, and if people like Garner and the staff of Murphy’s had not been ready to respond so quickly, many others could have died.

At the University of Memphis, Gayle Beck runs the Athena Project, a mental health research clinic for victims of IPV. “The emotional aftermath of IPV varies by the individual, and so there is not a one-size-fits-all approach that we can advocate for every woman,” she says. Common psychological scars from IPV include Post-traumatic Stress Disorder (PTSD), depression, and anxiety. “The Athena Project offers cognitive-behavioral treatment for PTSD stemming from IPV. All of the services are free and completely confidential. If a reader wants to learn more, they can phone me at (901) 678-3973.”

“After making my Facebook post, I had so many people privately message me with their own stories. They didn’t want to go public with them. They just wanted to share their stories with someone.” says Moore. “Abuse comes in so many forms. … It’s not always beating. It’s not always this spectacular, but I guarantee that every other person who has been abused feels as crappy as I do about it.”

Categories
News The Fly-By

City Council to Vote on CLERB Subpoena Power

Marcus Walker says he was beaten by a Memphis Police officer during a routine traffic stop one night in 2011. He’d been pulled over for a revoked license, and he says he left the car to go into his nephew’s mother’s home and get her because police were beating her son, who’d been in the backseat and had cursed at an officer. But Walker says an officer grabbed him and hit him as well.

“They wouldn’t let me go in and get her. They put me on the car and handcuffed me and sprayed me with Mace,” Walker said. “And then I could feel licks coming upside my head and back. I felt one guy pull my arms up, and then he kicked my feet out from under me. I fell on my face and shoulder.”

Map of people referred to CLERB while it was inactive

Walker was arrested for disorderly conduct, but his charges were later expunged. His case is one of at least 186 that were referred to the Civilian Law Enforcement Review Board (CLERB) during the time the board was inactive between 2011 and last year. The CLERB is a volunteer board tasked with hearing cases of police misconduct that were not sustained by the Memphis Police Department’s own Internal Affairs complaint process. The board can recommend punishment for officers to the police director, but it cannot enforce penalties.

The CLERB was active from 1994 to 2011 but eventually fizzled out. The original board lacked power to subpoena witnesses and documents. However, last fall, the Memphis City Council voted to allow the board to indirectly subpoena officers and paperwork through the board’s liaison on the council.

But on July 19th, the Memphis City Council will vote on possibly removing that power. Worth Morgan, the Memphis City Council public safety chair and the CLERB council liaison, is sponsoring the amendment to the CLERB ordinance because he says the council doesn’t have legal authority to subpoena witnesses and documents for other boards.

“According to the city charter, the council has authority to subpoena people and documents to the meetings of the city council, but we don’t have the authority to subpoena people to appear at a meeting that’s not of the city council,” said Morgan, citing an opinion by council attorney Allan Wade last year.

Morgan said the board could get direct subpoena power, without having to go through the council, by a voter referendum.

But Paul Garner of Memphis United, which last year led the push for CLERB to have subpoena power through the council, said the subpoena power issue was vetted last year before the original ordinance passed.

“This is a hasty attempt to remove subpoena power without taking the time to go back over the deliberations that took place over months and months last year with all parties involved and Wade giving his opinion before the council took a vote on it,” Garner said.

Morgan’s amendments also include a change to ensure all CLERB meetings are open to the public. At the first meeting of the new CLERB board in April, the public was asked to leave while the board deliberated a case during executive session.

“For CLERB to be successful, it needs to be a fair, open, and honest process. We need to make sure all meetings are in compliance with the state open meetings act,” Morgan said, noting that he thought the board was wrong to ask the public to leave at the last meeting.

Garner put in a public records request with the city to find out how many people were referred to CLERB during the time the board was inactive. Memphis United has compiled city maps of the addresses of those affected to determine the demographic hit hardest by the lack of a board from 2011 to 2015. They found that 81.5 percent of those cases involved minorities who lived in mostly low- to moderate-income areas.

“It’s not just concentrated in black and brown neighborhoods. It’s the black and brown communities that border the predominantly white parts of town, and that brings up some other questions about how policing works in certain communities,” Garner said.

Garner said his group made the maps to illustrate how real people are being affected while the council debates the language of the ordinance that was passed last year.

“What we really want to convey is that this debate about how much power this board should have has being going on for almost two years,” Garner said. “I’m tired of this being about politics and pandering. These are real people this is directly impacting.”

Categories
News The Fly-By

CLERB Now Has Power to Investigate Police Misconduct

Right around the same time last week that Shelby County District Attorney General Amy Weirich was announcing that a Memphis Police officer would not be criminally charged for shooting an unarmed black man, the Memphis City Council was taking up a vote on how much power a civilian board would have to investigate complaints of police misconduct.

While Connor Schilling, the officer who shot Darrius Stewart, got off without state charges, the council voted in favor of giving the Civilian Law Enforcement Review Board (CLERB) more teeth to investigate complaints.

CLERB, which has been in place since 1994 but inactive since 2011, investigates complaints of force, verbal abuse, harassment, arrest, illegal search or entry, intimidation, improper firearm use, or other issues with police.

Perhaps the biggest change for CLERB came in giving the board indirect subpoena power. The board was previously unable to require that police officers involved in a case appear before the board. They also could not require the city to hand over documents pertaining to a case.

But the up-to-date CLERB ordinance gives the board the ability to subpoena officers and documents through a Memphis City Council liaison. Originally, when citizen group Memphis United began proposing the city give CLERB more power, they’d asked for the council to give the board the ability to directly subpoena officers and documents without going through a liaison. But council attorney Allan Wade said such a change would require a citywide referendum.

“What we have instead is the next best thing,” said Paul Garner, organizer for Memphis United. “The council will subpoena requested documents and records on behalf of the review board. If that’s the closest thing we can get without a referendum, we’ll take that over them not being able to issue subpoenas.”

The Rev. Ralph White of Bloomfield Full Gospel Baptist Church has served as the chair of CLERB since before it became inactive in 2011, and he said the subpoena power makes CLERB’s job much easier.

“[Before], we were not able to have contact or dialogue with the police officers who had been charged with offenses, so it was a little difficult for us to adequately represent those complaints,” White said.

The CLERB ordinance also allows for the hiring of an investigator and an administrator to oversee investigations into alleged police misconduct. Since CLERB is an all-volunteer board, its previous incarnation was unable to put enough time into investigations.

“The board members often have other responsibilities beyond the board, so having a dedicated staff is critical,” Garner said.

CLERB works somewhat like an appeals board, White said. First, a complainant must file a report with the Memphis Police Department’s Internal Affairs division. Internal Affairs has 45 days to complete the their investigation, another new addition to the CLERB ordinance. Previously, Internal Affairs cases could take much longer to complete.

“If the complainant isn’t satisfied [with Internal Affairs], they can come to us. We can take the information they have and allow our investigator to go through and make his or her decision and compare that to what’s already out there,” White said.

Once CLERB reaches a conclusion, the board can make a recommendation for a disciplinary action to the police director, but it’s up to the director whether or not the action will be enforced.

The CLERB ordinance passed in council with a 9-2 vote, with only councilmen Reid Hedgepeth and Kemp Conrad voting against it. Conrad said he didn’t have a problem with the idea of CLERB, but he felt that the group pushing for the changes — Memphis United — was anti-police. Memphis United has organized peaceful protests against police violence and supports the Black Lives Matter movement.

“I and others were concerned that the CLERB board allowed these openly anti-police people to hijack the whole communications process,” Conrad said. “What if those people have influence or end up on the [CLERB] board?”

But White said it’s never been the goal of CLERB to “bash police officers.” He said, in some cases where the board finds proof of police misconduct, they’ll suggest more training or a desk position over termination.

“The majority of the time, when we have investigated cases [on the old board], the citizens were found at fault. Often, things happen because citizens were ignorant of the law,” White said. “We’re going to educate citizens on what their rights are and what rights they do not have.

“Many times, when [police] are doing their jobs, they don’t know if a traffic stop will be their last action on this earth. We’re not just there to get the police. Most police are men and women who love our community, and some of them might be bad apples, just like you’ve got in every occupation.”

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Memphis United Demands More Accountability for Police Officers

Driving under the influence, aggravated assault, rape, and murder are among the offenses law enforcement are paid to police. Ironically, these very crimes are amid the illegal acts some Memphis officers have been arrested for since last year.

In 2014, 18 officers from the Memphis Police Department (MPD) were arrested. As of April 2nd, there have been four officers apprehended this year for offenses such as sexual exploitation of a minor and driving under the influence.

“We are held to a higher standard because we took an oath to protect and serve, but, by the same token, our officers are treated just like any other citizen who breaks the law,” said MPD spokeswoman Alyssa Macon-Moore. “We’re no different. When we do things that are outside of the perimeters of the law, we must suffer the consequences.”

Memphis United, a coalition of local grassroots organizations and residents against structural and institutional racism, organized the “Bad Apples? FixTheBarrel” rally last Wednesday at the intersection of Lamar and Airways. People waved signs and protested in support of efforts to hold law enforcement more accountable.

The primary approach to help accomplish this goal would be through an amendment of the city’s Civilian Law Enforcement Review Board (CLERB) ordinance. The revision would provide CLERB with the power to subpoena documents and police witnesses, investigate complaints concurrently with the Memphis Police Internal Affairs department, and make disciplinary recommendations to the Memphis Police director, among other authoritative acts. The Memphis City Council’s Personnel Committee will discuss the amendment at its next meeting on April 21st.

Paul Garner led the rally at the intersection of Lamar and Airways. He spoke through a bullhorn at passersby about the importance of police accountability and the need to reinstate CLERB.

“There needs to be a system in place where when people file complaints, it’s tracked and available to the public, and we catch these things before something serious happens,” said Garner, organizing coordinator for the Mid-South Peace and Justice Center (MSPJC). “Some of these guys have multiple complaints filed against them, and if there was a civilian oversight body that had the power to gather that information at the time those complaints were filed, red flags would have gone up and something could have been done before we had a case of rape or sexual assault or domestic violence.”

Last Tuesday, a day before the “Bad Apples” rally, a panel was held at Christian Brothers University to inform the public of CLERB’s origin and how its modification would benefit the city. The panelists included members of CLERB and MSPJC.

During the event, an attendee asked if CLERB would have the ability to demand punishment of officers who unlawfully shoot and kill civilians.

Brad Watkins, executive director of the MSPJC, informed the questioner that CLERB would not investigate criminal matters and “is not the answer to our problems.”

For significant progress to be made, Watkins said, in addition to CLERB, there needs to be a confidential counseling program for Memphis Police officers as well as replacement of leadership in the MPD and at City Hall.

“We have to have a complete change in the culture of MPD,” Watkins said. “Not only the culture of MPD and how it relates to its citizens, but the institution of MPD and its relationship to the psychological health of the officers themselves. Without these things, we’ll only have further harassment and violence in our community. The MPD has to be accountable, open to the public, and [responsive] before there’s a murder and a protest — not constantly playing catch-up afterwards with token gestures that don’t change the reality of people’s lives.”

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Memphis United Wants Better Board to Police the Police

The Civilian Law Enforcement Review Board (CLERB), the independent board that investigates complaints about police officers, was reinstated last June after years of being inactive. But an audit of the board by the Memphis United Coalition found that the board hasn’t reviewed a single case since then.

Part of the reason for the inactivity of the board is its lack of power, according to CLERB Chairman Rev. Ralph White. Now Memphis United has drawn up a list of demands for how CLERB should be operated and what sort of power it should have.

The group addressed those demands in the public comment period of last week’s Memphis City Council meeting, and they plan to work with council members soon to draft a full ordinance increasing CLERB’s power.

“An audit revealed several systemic flaws that limited the ability of the board to function efficiently,” said Paul Garner of Memphis United. “That includes CLERB not having the power to subpoena records or the power to require cooperation of witnesses from the Memphis Police Department.”

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When a civilian has a complaint about excessive use of force by a police officer, illegal search, police harassment, poor customer service by police, property damage by police, or police following incorrect procedures, they’re supposed to first file a complaint with the Memphis Police Department’s (MPD) Internal Affairs Bureau (IAB). If they’re unhappy with the bureau’s findings, they can then appeal their complaint to CLERB.

Memphis United is suggesting that the Memphis City Council give CLERB subpoena power to gain access to police witnesses and documents, the ability to make policy recommendations to the MPD, the ability to investigate complaints concurrently with the IAB, and enough funding to conduct independent investigations into complaints of police misconduct.

“We had a private investigator at one time, and they cut that from the budget,” said White, who served on the last incarnation of the board as well.

CLERB was established in 1994 after 68-year-old Jesse Bogand was shot by police in Orange Mound. At the time, the board was intended to investigate, hear cases, and recommend action on findings of police misconduct. But since police officers were not required to cooperate and because the board didn’t have the power to subpoena documents, CLERB lacked teeth.

The board was eventually dismantled, but it was reinstated in 2014 after a few volunteers at the Manna House, a gathering place for the city’s homeless, attempted to appeal a complaint to CLERB, only to find the board had been inactive for years. The Memphis City Council voted to appoint new members to the board in June 2014, and they also voted to allow Memphis United to host public forums to gain input on how to improve the board.

White said the new board hasn’t heard cases yet because they simply don’t have much power. They’re hoping the council adopts the suggestions of Memphis United.

“We want to make sure we put some of those suggestions in place before we start hearing cases,” White said. “Right now, we simply don’t have enough power on the board to get police officers to come to hearings. We do need a bit more power and authority.”

White said, although the board wants more power, they also want the MPD to know that they’re not in place to oppose the lawful work of the department.

“We want to make sure they understand that we’re not working against them,” White said. “We just want to make sure we have a functional police department that is working for the betterment of the people.”

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Organization Looks to Improve Police Review Board

Memphis United Facebook

  • Memphis United Facebook

Memphis United has announced a campaign involving social media and town hall meetings to improve the Civilian Law Enforcement Review Board, which has been reinstated by the Wharton administration after being inactive for four years, according to the organization. The Flyer covered Memphis United’s early work on this issue in February.

At a press conference Thursday evening, members of the group spoke about their experiences with the Memphis Police Department and the Internal Affairs Bureau. Speakers included Paul Garner, an organizer with the Mid-South Peace and Justice Center, who was arrested while filming officers last year. His process took months to complete with Internal Affairs and went nowhere.

“[The review board] existed nowhere but on paper,” Garner said to reporters. “Now, it has no subpoena power and no punitive authority.”

The board was also only allowed to review investigations that were completed by Internal Affairs.

Deborah Robinson, a freelance journalist from Las Vegas, also spoke to reporters after having an incident with Memphis police last month, where she was allegedly questioned and assaulted while filming an arrest at a bus terminal.

In December, the Memphis Police Department released its formal policy on recording, instructing officers to refrain from asking for identification or reasons for recording as well as stopping those in the process of recording.

“The officers ignored the policy,” Robinson said.

For inspiration, Memphis United looked at Knoxville as a model for the proposed improvements to the Civilian Law Enforcement Review Board.

The first town hall meeting for citizens to offer input into Memphis United’s work to “make [the board] more effective” is June 24th at 6 p.m. in the Lewis Davis CME Church, located in the Chickasaw Gardens neighborhood. The organization also has a hashtag for people to share experiences with Memphis police on social media, #CLERBspeakout2014.