However, the Garner case is eerily similar to the King case in that both confrontations were on video and the facts just don't support the claims by the radical left that the police acted wrongly in any manner. Even in the King case, where a kangaroo court ended with only two out of four of the cops involved convicted of a crime, even then, the judge considered only a few of the blows King received to have been illegal.
The real question though is will the New York Police Department (NYPD) supervisors on scene get the same railroading that Sergeant Stacey Koon got.
For a refresher, Koon was the supervisor on scene for the infamous, but over-hyped Rodney King arrest. He was not indicted and convicted for any blows delivered to King, but for failing to stop the last illegal blows.
The issue then arises, will the racist Attorney General, Eric "My People" Holder, indict the one confirmed black NYPD sergeant who supervised the arrest of Garner?
WPIX 11 July 31, 2014 by Rolando PujolKizzy Adoni is black. Sergeant Saminath’s race is unknown, the surname is Tamil Indian in origin, Tamils, of course, are some of the darkest skinned Indians.
The police report compiled by a commanding officer in the investigation unit on Staten Island describes how Eric Garner resisted arrest. Officers Pantaleo and Justin D’Amico also claim they had to get control of Garner, but never mentioned the use of a chokehold.
“He started choking on him,” a witness said. “Like real bad.”
The report also reveals the supervising officer who responded to the scene in plainclothes, believed to be Sergeant Dhanan Saminath, arrived on the scene once Garner was down.
The sergeant said he “did not observe the perpetrator (Garner) make any statements” and “did not appear to be in great distress.”
Another female sergeant, Kizzy Adoni, made a similar statement in the report. She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”
But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.
Sgt. Saminath mentions he called EMS because Garner was having difficulty breathing, which conflicts with his earlier statement that Garner did not appear to be in great distress.
Since all the officers, including Adoni, involved were immunized before the Grand Jury, it would be very difficult for the Department of Justice Civil Rights Division (CRD) to charge any of those officers. There would be near insurmountable obstacles for CRD to charge any of the officers since there would have to be a Chinese Wall between the prosecuting Trial Attorneys from CRD and the local Assistant United States Attorney assigned to the case, as those attorneys and the assigned FBI agents would have to investigate the case from the begining without having any "knowledge" of any statement by those officers and sergeants, which would be nigh near impossible, as cross-contamination by their immunized testimony would taint most interviews.
Consequently, Holder would be forced to either immunize Adoni again, or charge her, as charging just the one officer, Daniel Pantaleo, who applied the take-down technique, would be impossible as one of his defenses would be that he acted to make the arrest at the direction of Sergeant Adoni, who failed to stop him from using the NYPD approved take-down technique nor instructed him to stop using the technique if it was an unapproved, and not illegal, for the record, choke-hold.
If Stacey Koon went to jail for failing to stop the final 6 baton blows on King, then if Pantaleo is indicted, then Adoni must be indicted, or she gets called as a defense witness that blows the case out of the water.
And if her testimony to the Grand Jury is reported correctly:
She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”Then Pantaleo walks, with egg all over Eric Holder's face, as well as that of the assigned AUSA and the CRD Trial Attorneys. One thing to know about both, no AUSA or CRD Trial Attorney of any skill will take a loosing case. So not only must Eric Holder indict a black woman, which blows the "hundreds of years of racism" narrative, it eviscerates the basis for a civil rights charge, 18 United States Code, Section 242, Deprivation of Rights Under Color of Law:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year...With Adoni in the mix, either as a witness or as a defendant, the basis for the charge is gone, for Adonis is locked in with her testimony to the Grand Jury, testimony that the take-down was legal and Garner had not problems well after the handcuffing was completed and it would be near impossible to prove Adoni and Saminath were hostile to black people. And any responsibility for not administering first aid, CPR, or delay on requesting paramedics is hers and Saminath's as they were the supervisors on scene, not Pantaleo's.
Of course, this is all based on knowledge that Garner was in distress before he became unconscious, long after the take-down technique was stopped.
But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.If you can talk, you can breathe. Garner was shouting during the arrest, while supposedly in a choke-hold, and talking long after he was handcuffed. It is clear that Garner's obesity and other health problems caused his death.
So, will Eric Holder indict the ham sandwich Sergeant Kizzy Adoni? Unlikely, but it could be done as CRD is well known for their dishonesty and bringing false charges. Let's see if Eric Holder goes after one of his people.