WW/ Some Things No Child Should Know

Caleen and I were talking last week, lingering at the breakfast table, about childhood, about children knowing things and dealing with things children should never have to know or see or feel. She reminisced about Granny's generation. When they were children, our precious Granny and her brothers and sisters, they would run for hiding when they saw men riding in on horseback. Caleen said in a normal voice, "some people made a living digging for gold. Some made a living hunting Indians." This is the reality Granny grew up in, a little girl who knew already that there were those whose job it was to hunt humans for money. Hunt her people, women, children, men, aunties, grandmas, fathers, mothers.

The normal tone of voice, her face, nothing betrayed how truly grotesque and weird this concept was, that this society had made legitimate careers murdering children and adults -- not at war, -- but just for profit. The reason for the tone and lack of shocked expression, of course, is because Caleen is telling a family story, a lived experienced, something familiar.

She's shaking her head and softly laughing about the kids at the ranch, seeing a car drive up, they still run for the back of the house. She says, "this is your house. You don't have to run. Just greet the people," but they still run.

I had no words to say, just stared dumbly. My mouth probably dropped open. Yes, I'd read in books that there were bounties on Indian people -- two inches of words in a paragraph. But that didn't carry the depth of meaning as Caleen's choice of words -- "made a living hunting us." People making money hunting our Granny. No wonder the kids run for the back of the house. I remember Caleen's sister, my age, talking about running for the hills because she was afraid of being kidnapped and put into boarding school away from her family. She's my age. I was called Jap. I wasn't invited to birthday parties. But mass kidnapping of children . . . that's another level.

On the one hand, how do you grow up under these conditions. On the other hand, after policies so rotten to the core, how can governments ever change to do the right thing. One generation away, California was allowing the hunting of people, paying killers for proof of bounty. Agreed -- One generation away, Japanese Americans were put into concentration camps. Naomi's mother survived Auschwitz. My friend Paulette's mother and father suffered the inhumanities of segregation, and Jim Crow laws, and people were killed for nothing by the KKK and other segregationists. All inhumanities are equally wrong. But for Granny's people, there has been no respite, no reparation, no shift in policy. Yesterday, less than 100 years ago, Granny's people were being hunted, and seen in that context, today Granny's people are unrecognized by their government as Tribal people with the rights promised all Tribal people. They are called Unrecognized Tribes, just as my American born parent's generation was called non Aliens. Winnemem are tribal but no rights to be a tribe or human being. We were citizens with no rights to be a citizen or resident.

California!!!! Something has to be done about the federal stripping of tribal recognition of the California tribes. In light of that breakfast conversation between my Chief and me, the Amerikan genocide of tribal people is so recent they can still smell the blood on their hands. Amerika! Nowadays you are making tribal people extinct by a stroke of a pen -- who is Indian who is not. Ever since this country went to war over Hitler, it could no longer carry on Hitlarian policies blatantly and so easily anymore. So instead of extermination they use "unrecognized tribe." A tribe is a tribe is a tribe. All tribes should be covered by laws having to do with tribes. Tribes have the right to exist.

Yes, I understand that federal recognition comes with money. A federally recognized tribe can write grants for various projects, economic development being one. The Winnemem ask only for their right to exist as Winnemem, the right to sit at the table and advocate for the salmon, the water, the sacred lands, the fulfillment of promises made their tribe by the Federal government for like land for the land they sacrificed for the state of California to build Shasta Lake Dam, the right to carry on their ceremonies and the way of life. They have absolutely no interest in casinos. Granny said the casino way will rot a tribe from the inside out. All they want is justice.

I don't think I'm going to recover from this little talk at breakfast. I saw injustice before, but now, well, it's personal. There are just some things no child should know. There are some things human beings should never do. I can hear my Granny now, "Right is right and wrong is nobody. There's a lot of nobodies in the world!"

I have one more thing to say. I think why I am struck so deeply is that despite this, all of this, Caleen believes in goodness. She still thinks that if we could just plead our case, that courts may listen, that President Obama might learn, that corporations, councils may still do the right thing. At least she works as if that were the case. She does not give in to vengeance, hate, even anger. She does not let her spirit give in to anger and hate -- just like Granny before her -- and sees only the good, hears only the good, speaks only the truth, as the helpers at ceremony prays for each of us when they smoke us off with the root. She does not bring ugliness into her heart, as Granny before her did not. Granny headed for the hills so she might hide and live as a little girl. The present Chief and Granny's descendant who knows about that then looks today at the little Chief who will inherit the responsibilities of Chief and Spiritual Leader and sees her still run for the back of the house. Instead of giving in to bitterness Caleen prays for the whole world, asks help for all the human beings, prays for all the sacred places, for the water. for the salmon. It is her responsibility and that is if preeminent importance . We Winnemem have a spiritually strong good leader as the leaders before her. She follows them step by step and that's why she can carry on.

WW/ Thoughts before Leaving for New Zealand

The reality of the Winnemem People meeting the Ngai Tahu people is solid now. We have received our itinerary. We will fly into the south island and be met by a gentleman from the Human Rights Commission of New Zealand and a woman from the United Nations. The United States and its present leaders may not recognize the Winnemem, may insist that they are nothing without the government saying they exist and should get no attention, but in New Zealand, it is a different story.

On the first day we will meet at the Human Rights Building and learn about Marae protocol. We will prepare for our trip to the Waihao Marae, and then we will go to the Rehui Marae, nation between nation, and ceremony with them begins, the songs, the cultural exchange. The next day, Tuesday is all about the Salmon and the Water.

Wednesday we will go to the Waihao Marae and again ceremony and cultural exchange there. We're allowed to stay overnight at their Murae.

Then we get up really early to travel to see the ancient rock art of the Waitaha and then to the dam. It seems that day we will travel to many of their places and then back to the Waihao Marae.

On Friday the Fish and Game will connect with us and take us to the area where we can see the salmon spawning. Incredible. We will spend a good time on the river and the spawning area. Then we will go mid-day to the hatchery to talk about salmon fry returning home.

That is also the day we will begin to prepare for the Winnemem Salmon Ceremony, the Nur Winyupus and Hee Chala Olelbis ceremonies. The Winnemem men will be fasting for four days.

It seems like our hosts will also be carrying out the Whakanoa ceremony.

On Wednesday, the fourth day, there will be the Hakari, or feast.

Just reading the schedule, and reading about our departure day makes me sad. I already feel the richness of our time together, Winnemem and Maori, and therefore can feel sorry when it's over. At times like that, you want time to go on and on, days of ceremony, a lifetime of ceremony for the salmon and the waters, never having to return to the time when those who push their authority over the water and the salmon don't care about their continuity and don't see The People -- don't "recognize" them.

Perhaps this time in New Zealand will help me let go of the disgust which has piled layer upon layer over my heart toward the policies, the arrogance, the ignorant brutish attitudes of this administration and all the other administrations before it toward the First People of California, their poor stewardship over the great Salmon of the rivers and ocean, the salmon who are the true "climate changers" for the good, the "protectors of the water." Perhaps the meeting of these Two Great Peoples on the Rakaia will help bring the balance which is so needed to our blind and greedy part of the world.

Right now and for some time now, I feel on the edge of time. I think about the ghost dance days which are described as desperate times for the Indian people in our textbooks, and I think now, those were not acts of desperation but of necessity. Who will pray for the Earth except for those who still belong to the Earth and the sacred circle of life. What does it matter that 97 percent of this country runs on the earth dying? You have to do what you have to do. This small tribe can hear the salmon song, can feel that salmon ceremonial dance, can hear the earth, the spirit of the bear and the eagle, can speak with the sacred water, remembers they were born out of the spring and lives still (in their hearts) on the River, are tied to every stone, and medicine plant, and the pure water gushing from the roots of the sugar pine tumbling down the mountainside. No one in that big White House, no one in the glass offices of corporations hear or feel from the Earth what is happening to it, nor do they see or feel how hard nature is working. They think they are doing everything on their own -- making a mess of it. So those who can listen to all of nature, to their ancestors and whose hearts, spirit and mind are fully connected, they have to carry on the ceremonies whether it is along their river or along a river with each other around the world into Tomorrow and into another season where there's a hint of winter's approaching cold while the sun warms the fields and the red bush trees begin to bloom at home.

I don't know if this is enough to turn the destruction tide which lies just ahead so close we can see it because the greed and arrogance seems so huge. If things were right over here, President Obama would be calling the Winnemem into his office to hear what they learned about salmon, climate, earth and water during ceremony. Feinstein and Boxer would be thinking, it's an embarrassment and a travesty what we've allowed in California -- heaping human rights violations on 90 percent of the tribes in the state. The world is beginning to learn about this. We'd better do something about it. Feinstein would be kicking herself for trying to sneak in something which would basically put the salmon back into extinction by stealing their water to run casino fountains in the irrigated deserts of southern California. If things were right, these people would be able to feel their spirit, their thin and ever-thinning tie to the earth and feel the BIGNESS which is undoubtedly going to come from the meeting of the Ngai Tahu and the Winnemem in ceremony, the link of the Rakaia and the Winnemem River, the Great Mt. Shasta and all the other sacred places connected to the Winnemem River in the cosmology of the tribe. But how can I expect people who don't even see the Winnemem are tribal people to see this Biggness. How can a government who are coldhearted, blind and deaf to human beings born with inalienable rights hear the Fish, the Water, the Earth. So they will miss it. But I have faith. As Granny says, tell the world and the good people of the world will listen. Hopefully, that number of people will be enough.

These are my gloomy thoughts before leaving for New Zealand. I'm recording it here with faith that all of this will be changed by ceremony.

My Funny Valentine

This morning I woke up, remembering that Will was going to New Zealand too! I had spent a couple of months getting used to the idea he would not be able to go because a shoot got scheduled during part of the time we'd be gone. I had adjusted to it. So three days ago when the shoot had to move, he immediately called and got a ticket, a rather expensive ticket now, but he's going!!! Every day since then, it hits me "He's going!" like I just found out.

This morning I say, "I'm so glad you're going to New Zealand!"

He said, "Me too. I just felt I was supposed to go. It needs to be shot."

It's Valentines. I said, "Did going with me have a little to do with it?"

"Uh . . (intelligible sound) uh . . What do you want to hear."

"The truth," and this is how you spell a giggle in Japanese. Gera-gera. All the Gera Gera's are mine.

"Well, I felt I should go (Gera Gera) and I knew you were going to be fine (Gera gera), you're strong. You don't really need anyone or me (Gera Gera) for this trip.
It is really important for the tribe to have this film and I wanted to be sure to do it. (Gera gera), of course I'm happy we'll be there but it's going to be a big job, you know, and I'm not going to be able to really be there with you until we sleep (Gera gera)."

I get up to go to the bathroom and hear him say "But it is nice we're going together"
(Gera gera) but it's going to be a lot of work."

He followed me and said, "So what are you thinking about what I said."

"It makes me so happy, I think I'll blog."

That is how my Honey talks every day every instance, with blunt honesty, and commitment to us and everything that matters to us. It's not a small thing that here at the last minute, the second he has a choice, this Yankee Doolittle dropped $2000 without a bat of any eye (maybe his finger trembled a little hovering over the "send" button before he pushed it for his ticket. He's always been navigated by what he SHOULD do in the big scheme of things. That he is going to New Zealand, and that he's doing it for the tribe, and that he knows it is something he should do and that he even on Valentines Day he can't sugarcoat the truth makes me Gera Gera. That is Valentines for me. He makes me giggle. We're both where we're supposed to be and we are doing it together and for the same reason. This is the only Valentines I ever need.

We're Going to New Zealand

This is a good day to be alive!! This morning while I was beading furiously, trying to get everything done by the time Caleen came so I could turn over my outfit to her to be sent to a couple of weeks before we arrive, if need be, I got a call from Will, my husband.

"Now I don't want you to be freaking out."

"Uh, oh," I thought. "What's wrong?"

"It's a good thing, but don't go into super drive. What's Caleen's phone number?"

I was happy to learn that his shoot scheduled in March shifted and he was now clear to go to New Zealand! It was hefty because he's late, but weighing it out -- fixing the front of the lawn crumbling onto the sidewalk and fixing the poor kitchen or praying, singing and dancing for the Salmon to return -- it was an easy decision.

Caleen was saying, this is more than just about the northern California area. It was more than New Zealand. This is for the world. This is for the crisis of global warming. The salmon is not just food. The salmon is critical for the health of water. We can see that. It is the only fish which spends life in both the ocean and the rivers. As goes the salmon, so goes the earth. This is not just a warning. It is also good news. Turning things around and bringing the salmon runs back to all the places where they have been displaced can turn the global crisis around.

This is such an important venture the tribe is undertaking. Two peoples meeting, the Winnemem Wintu and the Ngai Tahu across the globe from one another, from the opposite shores of the Salmon's world, the Salmon People will meet to pray together four days, fasting, praying, dancing the salmon dance, singing the salmon song. This will be the culmination of many forces coming together. Of course there is the invitation of the Ngai Tahu to the Winnemem and both their histories caring for the same family of salmon and their sacred rivers. But then there is the spiritual domain which cannot be explained. All I can say is that the earth is readying for the salmon's return to the Winnemem River. The songs are coming in. The dance is dreamed in. You can feel things lining up. In fact, I can almost hear it, this hum of a loud vibration. When I focus, I can hear and feel the sound of all of nature readying for this.

So when this morning's completely unexpected call came from Will asking for the Chief's phone number, I said, "Thank You, Granny." I just knew he was supposed to go. I knew a way would happen. As soon as Caleen sent the word out that we were going, and she was securing group tickets, the ticket-thing was no longer stuck and began to move along, and today was Will's day. We'll board together, most of us with our carry-on luggage filled with our outfits, all things willing, and Will carrying his camera. We carry what we can't replace. Underwear, a change of clothes, they are replaceable.

There are things which are harder because it is in the hands of another civilization, another way of doing things, the world of modern day commerce and bureaucracies. How do you raise funds for a tribe to travel in a world where governments have such authority over resources which belong to other people. Who gets to fly? Who has credit cards? Jobs which give time off without consequence. This is a ceremony on the other side of the dateline -- and ceremonies can't be rushed. Who gets to access support? From whom? In this modern day world, who permits the earth to turn, the salmon to swim where they were put down, the rivers to flow freely? This is not answered easily because I believe that although it seems so thorough, this dominion over the earth thing, in the end, the earth is ultimately not conquered.

There are the rules and regulations. We may have to hurdle bureaucracy for the outfits to go. Acorn for the acorn water, the pine nuts, shells, hide, feathers of our clothes, the sacred objects all must pass inspection by those who do not walk this way of life. But I have faith. I have faith that somewhere in their heart, they will hear the soft sound of deerskin on our feet, the rhythmic unified sound of abalone and pine-nuts swaying together, the eagle whistle, the stamping of warrior's feet as we walk through one after another in the footsteps of Winnemem ancestors. I have faith that we will all be able to carry our outfits on the plane with us rather than send then ahead. The passports will arrive on time for the tribal members. Our outfits will be able to make this important journey, as will the drum. Everything and every person who is supposed to go will go and when we get there, somehow it will all come together, because right now the Ngai Tahu are preparing as much as we are, half way across the globe, where it is Autumn and Yesterday. The Ngai Tahu tribe is preparing to receive us as are their spiritual helpers, as are their sacred river, as is the beautiful land which has taken care of them for generations, as are their songs, and their dances and their Fire. And of course, also preparing for the days of ceremony are our Salmon relatives from whom the tribe has been separated for too long.

The intention has been set by our Chief and by the Ngai Tahu invitation. It is unstoppable in the hands of the Great Olelibus. It is a good day to be alive!

"Cuba Impressions"

Here is Will's video of our trip to Cuba, "Cuba Impressions." It expresses our feelings as well as shows you what we experienced there. If you are interested in more, locally, Free the Five Committee will be bringing the art work of Antonio Guerrero to Eugene. The exhibits will be at the Fenario Gallery downtown, Opening Night will be on March 5, with music from Jessie Marquez. The exhibit will stay up for the month of March. And on April 17, we are sponsoring a one day conference on Cuba, "Cuba Awakening," at the 4J Auditorium, 200 N. Monroe, from 9:30 - 4. A continental breakfast and lunch will be served. It will be Cuban style of hospitality. There is no registration fee!

Juventud Faceta will also be showing their art show at that time. The local youth leadership group is a co-sponsor. Other co-sponsors are Amigos, Educacion y Justicia para la Raza, Latin American Solidarity Committee, LCC Latino Student Union, PanAsian Community Alliance.

Speakers will include Barb Morita, TK3, speaking about Cuban and USA response in Haiti, and a comparison of Hurricane Response, Katrina (New Orleans) and Dennis (Cienfuegos); Steve Wake, filmmaker, Berkley, showing his film and speaking about Tsukimi Kai. His film is "Under the Same Moon"; Judith Castro will speak of her personal journey as a Cuban American, visiting her family in Havana in her presentation, "Cuba Awakening," and she will give an update on her gender studies; Dennis Gilbert of Free the Five, locally, will give an update of the Cuban 5, political prisoners in the US. Other speakers have not been confirmed at this date.

Please enjoy "Cuba Impressions" by Will Doolittle dedicated to our Cuban friends and familia:

Cuba Impressions from Moving Image on Vimeo.

Update on Tasing of Innocent UO Student

January 5

I wrote earlier about the Chinese Student who was tased by the police in his own home mistake as a trespasser. Here is a report I wrote when the Chief met with several APA community members before he went public with his decision.

"We met in Johnson Hall’s conference room with the Chief at about 10:20 this morning. Before sitting down with us, Chief Kerns had an 8 am with the EPD, a 9 pm with the Chinese students, Steve Durant, PhD and vice provost of the International Studies Dept and, apparently, translator, Greg Rickoff, community relations and others, and was late by 20 minutes to the meeting with concerned community. Present were the students advocate, Paul Shang, Marvy Schuman, Barbara Date, Mike Takahashi, Remie Calalang, Steve Morizumi, Reagan Le, Gen Nguyen, Pam Quan, David Tam, Divya Bheda and Misa Joo. From the city there was Chief Pete Kerns and City Manger Staff, Francisca Johnson.

The Chief began by saying he would present the facts of the case, his verdict and future plans. First he announced that his decision after weighing all the facts was that Judd Warren acted within the use of force policy regarding taser use.


The Verdict:
The Chief said this was a very challenging case. The challenge was that these were extraordinary circumstances, circumstances which may never happen again. He said that in the United States, we seem to want to know “who is at fault.” But in his career, he has never seen a case with such unusual circumstances and therefore, difficult to answer that question.

The Facts and Policies:
He reported that as Chief he was impressed that his officers immediately expressed regret to the students, that they both told internal affairs about the situation expressing regret and then apologized to the Chief, again expressing regret. He says that the EPD regrets that this happened. They are proud of their community and are very upset that this happened.

The 911 call was a routine trespassing call. And as often happens because of lack of staff the dispatcher scraped around to find an officer in the vicinity who could respond. It seemed routine, but again the Chief stressed, as the facts were learned, the situation became extraordinary.

The Property Management staff had come earlier to check on the cleanliness of the apartment, something she does before new apartments are rented. She was accompanied by her little son. The real estate lock box was in place so the agent had reason to believe it was a vacant apartment. The bottom level was empty except for water bottles on the counter which she thought the cleaning crew left behind. Her son was going upstairs. She followed and she saw one of the students sleeping on the floor. She called 911 and according to the dispatcher tape said something like “There’s a trespasser in the apartment.” When asked for a description, she said, “white male, asleep or passed out, no shirt” and gave the the location.

Then the chief said that a higher level management also came to the scene. They also left a message on the dispatcher tape quotes the higher level manager as saying “I am worried this is trespassing.” He mentioned that this is something which goes on several times. He expressed worry that because the first manager walked up the stairs, that the trespassers may even know that they were discovered and do damage.

With that second call, the officers were assured there was a trespassing situation. They and the manager looked up and noticed the upstairs window seemed to be compromised and could have been used as an entrance. Kerns said all of these things (two managers call, history of trespassing, and the window) verified to the officer there may be a trespassing situation going on. (Was it clear to you that the manager was on site with them?)

The manager had given the officer the key to the lock box. The officer unlocked the door and entered. The officer identified himself as the police and in a loud voice called for everyone in the house to come out and show their hands. The two officers carried flashlights and drawn pistols -- all of this which they always do.

They officers noticed there was no furniture and personal effects. Judd Warden led off. In seeing a student, he identified himself as an officer and demanded the student he saw sleeping come out and gave the student instructions to show his hand. Officer Judd said he never heard the student say one word so he did not know he was not English speaking.

The student seemed confused, did not comply, so the officers handcuffed him.

Officer Judd Warden continued on up the stairs. There he saw the second student in one of the bedrooms, Again no personal effects or furniture. And again, the officer identified himself and demanded the student show his hands. There was no response. The student just sat and stared. "It was weird," is what the Officer testified.
In making a verdict, the Chief, continued, he had to consider what the police knew and was aware at the time.

Since there was no response, he went on in the room with the flashlight to get another angle and said again who he was and demanded the student show his hands where he could see him. The student continued just to stare and say absolutely nothing. At that time, the Chief puts the flashlight away and picks up the tazer. He steps out where the student could see his uniform and again gives the verbal commands -- that he is an officer and to show his hands. He made sure the student could see the taser.

He decided to use physicality rather than a taser next and nudged the student’s shoulder with his shoe. The student still just stared and said absolutely nothing -- total silence. He sat there with his blanket clutched to his chest and one hand under the blanket.

The officer tries to pull the blanket away and falls to the floor with his legs tangled with the student’s legs and he does not know how that happened. He has no recollection.

The officer says that when he fell, the student moved suddenly toward him. (The student testifies he did not move.)

He orders the student back but the student is still in a forward movement when he tases him.

In the video, the Chief says, we will see the student is sitting with his glasses and we can hear Warden’s voice. The chief says Warden’s voice is calm and further says it was so normal that the officer downstairs thinks that Warden is just talking by himself as they are ordered to do -- just keep talking when you're separated -- and she assumes that no one is there.

When the officer downstairs hears the deployment of the taser, she takes the handcuffed student up with her so that she could assist Judd Warden. There are two handcuffed students and two officers.

The student from downstairs finally has the presence of mind to communicate in a non verbal manner, gesturing toward a paper bag. The officers pick up a bag and looks inside to find the signed rental agreement and passports.

They show the agreement to the manager, then they all realize they have made a horrible mistake. The manager said that the unit was rented to them at 5 pm, and the person on duty at that time put them in a different apartment than the one that was planned for them.

The officer had to call the Sgt to ask if they could have translation. Only an officer who is at least at the level of Sgt. can do that. They had difficulty finding someone but finally found a speaker of that particular dialect -- Mandarin.

Then things got sorted out.

The officer even called the medics to come -- something they are not required to do -- to see if the young student was ok.

At that point the police auditor is brought in and investigation is done with his knowledge. The Auditor and the Chief are both given the facts -- and for this case, the Chief wanted us to know that the Auditor is satisfied with the verdict. He agrees that there was enough corroboration as needed to take the action, . . . (I can’t read my notes regarding something about time considered in the report and the third point having to do with policy. Does someone else have that in their notes? It’s regarding the auditor and chief agreeing on three necessary points. (At a later meeting of the Human Rights Commission, the auditor told those assembled that he did not like the decision).

Then the chief told us about the policies which informs his decision:

The policy of the search warrant: The property management company gave the officers permission and the key, so they did not need probably cause, a search warrant.
Based on what they saw -- the lock box, the compromised second story window, the property manager’s concerns and with the policy being met, they felt they could continue.

There is a policy regarding English language: “Realization” is key and with the students not talking, there was no realization point.

Regarding the policy of the Sgt approving use of a translator, that was met.

There is Use of Force Policy: The department goes by Supreme Court decisions to inform when a taser can be used. One, the seriousness of the offense, and in this case, there is jail term, so it fit. Second, the imminent and credible threat to the officer’s physical safety, as it is presently written, can be used -- although Chief Kerns said, it is at the lowest threshold and the department is not really aiming for the lowest threshold to be used as the benchmark. Third, was there resistance? The movement forward of the student disregarding the officer’s instructions can be seen as resistance. (The student says he did not move.)

Lessons Learned according to the Chief:

Chief Kerns said these are the lessons learned:
*We do not have a policy of warrentless entry into residences
*We need to take the taser policy to another level -- but we must understand the former chief in drafting the tazer policy could not predict this situation; and Chief Kerns also cannot predict what situations will show that the policy is not broad enough.
The language will be changed and the use of taser upgraded so there are many more rules of behavior regulated.

*When taking a trespassing call, we must have paper to back up the allegations.

The Chief reported that the officers and the call takers will be debriefing this incident to come up with new policy

What’s being done about it:
The Chief said that Eugene is more and more diverse in population.
The Chief says because of that the EPD goes through cultural competence training and he believes his department exceeds in that more than others. However, he knows that more training is necessary.

He and his department see this as a very unfortunate even to have happened to the two students and the community. They want good to come of it. Therefore, they will formalize a relationship with the UO English Institute (under Steve Durant)
The Chief says that they also find it is important to have a relationship with the Asian Pacific American community.


Opened up for questions and responses:

David Tam described a scenario where an officer is dis-armed and threatened by someone. David asked the Chief if he were in such a position would he be able to remember how it is that he got into that situation? David explained saying that an ordinary person knows what made them trip. A trained professional in a perceived dangerous position ending up on the floor -- he has a hard time buying that the Officer does not have a memory of how he landed there. As for the Officer’s claim he may have had his feet swept out from under him, David said the little he knows about martial arts, there are a lot of physical clues of whether or not that could have happened. David had a hard time buying that lack of memory -- and in the light that it is critical to the verdict of excusing the use of taser, the perceived personal harm to the officer -- David has concerns. (Lots of nods around the table).

David also said Mandarin is the unifying language in China. It is not a dialect. Most people can communicate in it. It should not have been that difficult to find a Mandarin speaker.

Thirdly, David suggested that the officers should use more straightforward instructions. “STOP!” rather than show your hands where I can see them, for example.

Finally, David has had experiences with trespassers himself. He suggested that the policy for situations like this should include the manager accompanying the officer, knocking on the door and asking the business question -- “are you renting this place, etc. etc.” David said he has done that himself.

Misa asked that David’s insights be captured in notes to be used for training and education of the officers. She also said this situation has some hiring implications. The officer used the lack of furniture as being proof that the students were vagrants. EPD must include people with varied life experiences. For some people, a sleeping bag is furniture. The fact that the students were in separate bedrooms said to her that these may be tenants. That question would have been there. They were settling into a home. That would have stood out -- not the lack of furniture in the narrow definition of furniture.

The Chief shared that the students had only been in the country for FIVE HOURS. He himself considered that jet lag added to the way they stared and did not speak. His son when awakened on the weekend sometimes sits up with eyes open but still asleep.

Mike Takahashi asked for clarification. Is there anything the students did not do which they should have or did do which they shouldn’t have. The Chief said, “The students didn’t do anything wrong.”

Pam Quan pointed out that September is a very significant month for realtors -- the students are coming back looking for apartments. Perhaps the officers need to have that conversation with the UO so that they are more educated about the possibilities of when translators might be needced. Misa pointed out that Chief Kerns has a valuable resource also in the APA business people knowledgeable about realty AND culture -- Pam Quan, Marvy Schumann, David Tam.

Mike Takahashi asked could this happen again? The Chief said yes, unless some changes are made. Mike asked How do we avoid this?

Mike also asked What can we say to the students who are coming from other countries? These students did nothing wrong but still this can happen. Parents are going to stop sending their youth to Eugene.

Dr. Charles Martinez talked about the UO’s deep concern about this very subject and that there will be many conversations between the EPD and the UO. The Chief acknowledged there will be discussions with the English Studies Department, with OIED, etc.

Misa said that there are just as many clues that there was no criminal activity, that the students were innocent. The were wide-eyed, not speaking, not moving, holding a blanket to their chest. The fact they were sleeping in two different rooms should have caused some doubt about trespassing -- more than an open window. Tenants open windows, or open windows are left accidentally.

(Pam said something about what the EPD should have but I didn’t catch it. Did anyone else?)

Marvy Schumann says as a realtor, she often leaves the lock box on for awhile. It is not unusual for a rented apartment to have a lock box. She also said that she too goes to deal with possible trespassers and the police should have the property manager accompany them so the conversation can begin as a business conversation.

Steve asked the Chief if he could share some of the discrepancies between the police’s answers and the students’ which the Chief mentioned before. The Chief said he could not comment upon the students’ interview without their permission. This content of the investigation is protected by law, and they also have been advised by their attorneys not to talk about it.

Steve asked the Chief to speak further on the low threshold used by the officer. How would the department address change of Tazer policy? The Chief said that the language would change from “credible imminent threat to the physical safety of the officer” to “credible imminent threat of physical injury of an officer” because “injury” carries more specific definition.

Francisca reminded the Chief he had a meeting. Misa asked the Chief where would the press conference be and at what time. As a courtesy we are letting him know that there will be a statement given by us and we would like to attend his press conference and hear what he has to say. The Chief said there will not be a press conference of that nature. Instead he will be talking to the media one by one. Therefore, it seems we will not know what he says. And we will not be able to respond specifically what the Chief will say to the public."

We quickly adjourned to the MCC and realized how close to noon it was. We were told by the press front person, Bobby Lee, that the press will still be at City Hall and will be looking for Asian Community members, specifically Victor Lin there at 12.

Marvy, Pam, Misa, Steve and Mike went to city hall. Met by David Tam. The Chief was handling his individual meetings with each media entity there. We read prepared statements expressing our shock with the verdict, a description of the incident as without public danger, without emergency, an incident which called for thoughtful consideration, a lowering of combativeness and reminded people the student renters were in their apartment sleeping when the police entered. Misa gave a nod to the value City officials placed on Eugene’s diversity. The Officer’s actions and the constraint of policies that the Chief works within contradicts this value. She called upon city council and the mayor to take leadership to clarify with action “who is included as community, who is safe and where one can be safe in Eugene.”. David spoke in answer to “are we disappointed” (yes)_ and also said that the property management business people will have to take a look at this situation as a learning one too.

We talked to the three stations. Pam and Misa gave the prepared statement to the RG.

These statements came from the meeting at Victor and Pam’s after much conversation about exactly what all of us can agree upon so it will be with a unified voice. Things we couldn’t agree up on live with were left for individual conversations. The public statement came from what the group believed was the crux.

Reporters asked who we were -- concerned community. What was the name of our group? We are not an organization. We are speaking as concerned citizens who came together with the purpose of speaking with a unified voice about concerns around the recent tazer incident involving UO students.

They tried to ask us questions about Kerns and how many Asians were there, and what should the police have done -- all important in its own time, I suppose, but our message had a goal -- who’s running this city? Kerns constrained by policies? We do want our city leaders to step up and say where they stand on this. Two innocent renters, five hours new in the US, tazed because they do not understand English. We wanted control over what the story was about because the city officials and mayor are the only people in Eugene who can still do or say something about this at this point, and we must exhaust all avenues. Finally, the way most of us who are APA see the issue and the feeling we have for the students must be held up as Pam did as a reminder that it is the safety of community which is our concern, not the embarrassment of the officer who, according to his own Chief, used a very low threshold of the tazer policy to get into the predicament he finds himself.

The Chief will be meeting with APA people in the very near future. Please email Francisca if you want to receive meeting notifications. Thank you! Misa

Later in the evening.
Chief Kerns is televised to say that he has found justified use of the taser. He talks about the student moving, about the blanket, and that if the student were speaking a romance language he probably wouldn't have been tased!

January 6 the RG reports the student may be filing a lawsuit against the city.

Since then, a group has met with the Human Rights Center for a letter to the mayor and city council demanding they as elected officials for all of us say publicly they disagree with the decision. HRC is not cooperative. They need more information. Eventually 3 say they will write a letter which doesn't go that far but to say they think it is wrong that the student was tased. A human rights commissioner is peeved that they have to deal with this with so information. He says they are unpaid volunteers and should be able to have time with their family and to watch a football game.

We have gone to meet with the mayor. She will get back to us. She says she takes responsibility that she didn't meet with the Human Rights Commission. She depends on them to be her watchdog. I suggested she tell that to the new commissioners and staff. She says, I don't want them to agree with her. I repeated that I thought that maybe she should tell them that, that they don't seem to know that is their responsibility.

We have gone to the UO President. He was cordial. He has not met with the student expressing concern. He said he hadn't thought of it. He has not written a letter to the parents. He said he would meet with the student but we don't know. He will not publicly stand with the student because he needs to get along with the EPD in spite of the fact he is not happy with what they did or the decision because they need to prevent this kind of thing. He is cordial.

Allies: NAACP, Amigos coordinator, community group organized against tasers being introduced and APANO.

That's the update so far. In all cases, the institutions are sorely behind, un-educated, and for a large part, does not care. Lot of work to do. Another youth sacrificed. By the way, we have been from the beginning prevented from knowing who the student is, prevented from meeting him, prevented from offering our friendship by both the UO and the city and probably his lawyer.

We know this young man has been pushed into a corner. I have explained in a personal meeting with the police, talked to the auditor and the human rights commission how we see the facts of the case:

"A young student from China came to learn English, recruited by the university to the English Institute in one of the safest cities in America, our city. He picked up the keys to his apartment and on his very first day, even before setting up the apartment, before hanging his clothes, exhausted, he fell sleep. Five hours after touching down on American soil, he is awakened to shouting, and sitting up in his bedroll, holding his blanket to his chest, staying absolutely quiet rather than saying anything which may be construed as argument, he sees an officer shouting commands he can’t understand who then trips, falls and tases him.

An apology made privately while publicly a verdict of justifiable use of the taser leaves questions whether the student may have done something that caused the officer to fear for his life enough to get himself tased and has pushed the student into a corner of having to sue to clear up these questions. This young man and his parents in China far from their son’s side are waiting for someone in the city of Eugene to do something that brings them closure rather than push their son into a nightmare where he has no option but to sue his host city to prove he is unquestionably innocent.

I told them that when they asked the student if he wanted to file a complaint, they should have instructed him to file a "report" and that it would be to tell his side of the story. Culturally, the student will hesitate pushing anyone into a corner where they have no options. (Otherwise known as saving face. Saving face is about the Other, not about Self). Now, he probably wishes he did because every responsible adult has given up the responsibility and leaves him with a cloud over his name.

This is a human rights concern if ever there is one: does a person who is a guest here, who is in his own home, who is asleep have the right to safety? If he is a victim of a mistake, does he have the right to respect? Or is safety and respect something that must be earned by citizenship and language facility? I say that we come to them to speak for that son and his parents. Others have spoken for the officer, but we’ve come to ask for a strong letter from the HRC to the mayor and city council urging them disagree with the Chief’s decision and to make it clear by voice and action, who in our city has the right to be safe -- citizen only? non-citizens included? English speaking only? Are rights earned by privilege and circumstance or are these rights inalienable birthright."

At this point no one has stepped up.

We have the word of the EPD and the city that they will be in contact with what they call the APA community triage team. The UO doesn't seem to care or have the capacity to show caring in an adult responsible way. Mostly P.R. Vice-Presidents of color asked to write something to be published in the school paper that they disagree with the Chief. No one has talked with the student.

Is he safe? The UO has recruited and attracted 250 more Chinese students to the English Institute. Parents might need to reconsider to send a message that when they send their youth, they expect them to be treated as human beings, residents, neighbors, cared for by the city officials and by the highest office of the university.

Riding in the Tiger

This week is the first week of Year of the Tiger and it looks like we've climbed on its back to ride it in. In other words, not fighting it, or trying to slow it down, but celebrating. As all Lunar Years swing toward balance, our Tiger, less patient than other years, goes full throttle. Following years of excess, the years of the "fat cats," gaining balance might be a bit rough, but worth the ride.

We didn't plan it this way but starting from Saturday, we have scheduled something requiring serving food, playing music and inviting crowds every two to four days. A little crazy but in retrospect at the end of each time, fun. Saturday was the Chili Feed Benefit for the Winnemem Wintu New Zealand trip -- sending the wardancers to the southern island, along the Rakaia River hosted by the Ngai Tahu of the Maori. We woke to a sunny clear day rather than the predicted storm from northern CA. Good news? The noon time call from Chief Caleen Sisk Franco was that the clouds must have been snagged by the mountains because it had been snowing all day long. They were dressed and ready to go, however, it never stopped snowing. They would not be able to come. Will went into plan B and raced to rent a projector and without stopping, raced on to the office to bring the Chief through a short video to the chili feast guests by virtual tech.

The Chili Feast was organized by Marcy who puts a high priority on minimizing stress and maximizing hospitality. No problem with "change" for a ten dollar bill because everyone, absolutely everyone eats. Ruth sat behind a table with a tri-fold poster about the Winnemem -- the sacred places -- with a jar for donations, envelopes, information, and guests go there whenever they feel like it to donate to the Winnemem. After conversation, people lined up to big bowls of chili, green salad, rolls and sitting at the tables with friends they haven't seen for awhile. Then came time for the short program before dessert. Marcy talked to the crowd from her heart about the Winnemem. Will brought the Chief to the crowd, full regalia, speaking in front of the capital at Sacramento. No one had heard a leader speak about what Caleen talked about -- responsibility, spiritual work for the Sacred Places, care for the water, for the earth, and people responded. In our lives, some of us in our 60's and 70's we have waited a long time for this kind of message. Following her words were her tribal members from elders to little articulate future leader Jason speaking Norel Putis' words from 100 years ago speaking for their Precious Land. Finally Caleen spoke with firmness and strength asking President Obama the same question her ancestor did -- "Is there justice for the Winnemem?" Just tell us. The audience responded to the video, to Caleen, and contributed over $800 that night.

Two days later, desserts in hand, we went to the Longhouse to set up for the visit from the McKenzie River Gathering, a foundation funding socially responsible work. Does the Winnemem Support Group fit into their vision? We are Eugene based but California focused but we had argued that the political state boundaries are not the boundaries of salmon, river and mountain range. MRG staff, Anita listened carefully, asking questions her grantmakers want to know. We are a unique organization in that we are not centered on meetings and agendas; rather our center is the Fire, the ceremonies, our leaders and the calls for action which comes with regularity from the war dancers and leaders. We are kept busy and we have had many good victories with the Forest Service, with Nestles Water Corporation and had some lucky place in connecting Winnemem with lawyers which instituted their law suit and Latin American indigenous leaders who value the Winnemem involvement in the UN level. Anita, the staff person, was very helpful and encouraged us to submit to the later funding circle. She assured us if Oregon activists could support Central America work as does CISCAP, we certainly can support the Winnemem work in California.

Two days later, we were at the Longhouse again. Wilma made the coffee. Will was setting up chairs. Misa was putting up the tri-fold display -- and then placing a flyer of the TK3 Cuba Trip on each chair for an April Cuba Conference. The mocha rum cake with Viva Cuba went out last so the whipped cream remained perky. The crowd began to arrive early and soon the Longhouse was filled by about 60 or more people, enough the temperature inside begab to rise. We talked about Cuba, our impressions and experiences with the generosity and the huge sense of civic responsibility Cubans feel for their community and country. Will showed a short CNN news clip taken during the early days, Cuban doctors responding with admirable organization and efficiency helping those horribly injured by the earthquake in Haiti. Ignoring the media-blockade the young reporter gave us the little tiny piece of the news which covered the Cuban response. Will also showed a music video by one of the young TK3 people and his own Impressions. The glimpses of the humanity and the beauty of Cuba, a neighbor and friend of Americans that the blockade must come down, were received well. Carol Horne represented many many comments when she thanked us, "Thank you for blowing away all my stereotypes about Cuba." It is true. Cuba, Cuba's fifty year old revolution, is to be respected and enjoyed, and witnessed, not feared and hated.

I take the blockade very personally nbow because it separates me from my friends.That is what it will take -- amistur, not politics, the gente, not politicians.

That's what my friend Guadalupe would say.

I'm resting from last night and then noticed. Holy Moly! Feburary 1 is Monday. Twila and I are throwing a house part for Basic Rights for their Marriage Matters 2 Me campaign against Prop 8, California. So we will have to be off getting food, decorations for a party, hoping some will feel less camera shy and allow Key from Portland to shoot them on video saying why marriage matters to them. Equality. When the last guest is done, the video put away, the pink and red heart candy gone, we'll put our feet up, tired and instead of wondering, how did we manage to schedule four parties in a row, we'll take it as a big lesson for the sigh -- Year of the Rabbit! I don't see us having a bunch of babies, so we'll be safe!

Enjoy your ride on the tiger's back. Have fun while the balance shifts back!