It has been 107 days since a Mongol named David Martinez was arrested on suspicion of murdering a validated Swat goon named Shaun Diamond.
It is very rude to refer to Diamond as a Swat goon. Ninety-eight days ago at his funeral Diamond was remembered as a “stern, compassionate,” “devoted father” and “committed officer.” California Attorney General Kamala Harris, who intends to become a United States Senator, called Diamond “a mentor both within the department and the greater Pomona community” and claimed that the Golden State would be “forever grateful for his service.”
Harris’ words were spoken to console Diamond’s grieving family. Martinez’ family was in court today. They are in court every time Martinez appears. And, they also seem passible although no Senatorial candidates have yet come forward to console them.
At the moment he was fatally wounded, Diamond was one of fourteen Swat goons breaking into Martinez’ home in the middle of the night – more than five hours after the moon went down and more than three hours before the Sun stained the eastern horizon. Martinez’ mother, father, wife, two children and his sister were inside at the time. The raid was a federal operation carried out by local Swat teams.
Federal police forces use local Swat teams to disperse responsibility for the damage Swat raids do. Last Fall a federal judge in San Diego named Gonzalo P. Curiel ruled that a Hells Angel named Maurice Peter “Pete” Eunice could not sue the Drug Enforcement Administration for property damage caused by a very violent and blatantly punitive Swat raid because he had not challenged the validity of the search warrant and because it was the El Cajon police who had actually inflicted the damage while the DEA Agents only watched and laughed.
The Martinez raid was, officially, the means used to serve a search warrant for a gun that may or may not have been used in a shooting months before. A retired judge named Maral Injejikian issued the warrant five days before the raid. She issued it on the basis of an affidavit that remains more secret than the extraterrestrial alien colony near French Frigate Shoals. The raid was game planned over the course of at least five days but the public is not allowed to know why.
It was a dynamic entry Swat raid, which is to say it was a home invasion and takeover, because Martinez and his family were considered by “authorities” to be so dangerous to police officers that they could only be controlled by militarized goons. It was the same sort of entry prison guards use when they burst into the cells of uncooperative convicts. That was the sort of service Shaun Diamond was performing when he died and for which we should all be “forever grateful.” It was one of seven simultaneous raids in search of, probably, the same gun. Martinez wasn’t holding the gun.
No Fifth Amendment
It was, in what most Americans agree is our consensual reality, a punitive raid. Prosecutors and police avoid being “handcuffed” by the Fifth Amendment to the Constitution by simply inflicting punishment on people who are guilty of imaginary crimes. Martinez was guilty of the imaginary crime of belonging to the Mongols Motorcycle Club. His mentally challenged sister and his father, who was wounded during the police assault, were guilty of the imaginary crime of being related to him. So they were all punished for real.
This sort of police state excess is routine on the motorcycle outlaw frontier. Everyone who went to a Mongols party in Maywood, California a week ago was a victim of extrajudicial punishment. Everyone who tried to go to that party was stopped, searched, harassed and victimized. Many had their cars or motorcycles stolen by police. According to someone who could speak authoritatively about the ruined party, “They made it clear to certain brothers that this was a direct result of what happened to the cop in the Martinez case. Obviously they are making a point and aren’t going to stop until they get what they want and that’s to strip our club of our trademarks.”
The Mongols marks were the real point of the raid on Martinez’ home. The raid was inspired by two federal prosecutors named Christopher Brunwin and Steven Welk who have been trying to outlaw the Mongols by seizing the club’s name and insignia since 2008. The seizure is blatantly unconstitutional, the two prosecutors know it and in the past they have lied to judges to achieve what no American prosecutor has ever done before: Which is to authorize police who see a Mongol anywhere in America “to stop that gang member and literally take the jacket right off his back.” In the summer after the Bureau of Alcohol, Tobacco, Firearms and Explosives granted itself the authority to “take” Mongols symbols police broke into cars and invaded homes to “seize” old Mongols calendars, bandannas, family photos and shirts decorated with forbidden combinations of letters like MFFM and forbidden slogans like “Free The M***ols.”
The current incarnation of this draconian ambition is a federal racketeering case called USA v. Mongol Nation. It is inseparable from the Martinez case. The raid on Martinez home was not only intended to punish Martinez for being Martinez but also to search for evidence that might be used against his motorcycle club in Mongols Nation. And in the course of punishing the Martinez’ family and buttressing Brunwin and Welk’s unconstitutional cause, Shaun Diamond, who was wearing body armor and a Fritz helmet, was shot in the back of the head and the police have been lying about it ever since.
Many official spokesman have said, “Diamond was standing behind officers as they smashed through the front door of the home with a battering ram.”
Fox News, in the most subtle account of how Diamond died, reported “Diamond was helping to open the outer door of a home in the 100 block of San Marino Avenue when an interior door of the home was opened and a single shotgun blast rang out. Diamond was struck in the back of the head. Police did not return fire.” But that’s not quite it either. The first thing police did was throw a grenade into the home.
After barking inconsistent and contradictory stories for a week after the shooting, police circled the wagons, lawyered up and began to exercise their collective right to not tell the public nothin’. The official silence continued this morning during Martinez’ four minute appearance before Judge Sergio C. Tapia
Martinez’ public defender, Brady B. Sullivan, asked for and was granted a continuance because he just got “discovery” today. He said later that what he meant was that had he “some” but not all the evidence pertinent to the charges against Martinez. For example, he said he had not yet seen Diamond’s autopsy report. He declined to say whether there was evidence that Martinez had even fired a shot, let alone the shot that killed Diamond. Sullivan also asked the judge to release the Martinez’ motorcycle that was seized 107 days ago, and has since disappeared, to his family.
Then Tapia, a new judge who was a public defender just 14 months ago, ordered that Martinez continue to be held without bail and the accused man disappeared back into the belly of the beast. As his stoic family left the court no one rushed to console them.
Martinez next hearing is March 19. The Mongols Nation trial starts five days later.