The Sculptors and the Marble

[XLFD]

"The sculptor produces the beautiful statue by chipping away such parts of the marble block as are not needed - it is a process of elimination."  -- Elbert Hubbard

A Michigan State Police Trooper shot a retired schoolteacher, William Marble, while this 68 year old man was at his home late on the night of January 14, 2014 with his wife.  According to police, he confronted the trooper with a gun in his hand after police were dispatched to check his residence regarding a 9-1-1 hang-up call, prompting the shooting.

 

The day after, the commanding officer of the Hart MSP post, Lieutenant Kevin Leavitt, stated the reports and the recordings from the officer's collar microphone would be ready for the prosecutor the following Monday (January 19).  He stated that there would be an investigation conducted by the MSP concerning the incident, and then after January 15, over three weeks ago, the information stopped coming, until today.

Various media outlets earlier today were finally sent the prosecutor's 18 page opinion that the shooting was justified.  In this decision, the prosecutor makes some points about an earlier incident near Thanksgiving involving two UPS deliverers having Marble have a gun out and pointed while they delivered to his house.  The initial-response officer, who we finally learn a name of, James Luttrull, along with his partner, Alexander Hammerle, felt a bit more threatened by Marble, with Luttrull pulling his gun out of his holster to drop Marble with one shot, which appears to have hit Marble's right hand index finger and gun before lodging itself into Bill Marble's chest.  Here is the full 18 page opinion.

The prosecutor's statement is precise and develops a story that looks as if it was a rather straightforward case of self-defense by the officers, concerned for their safety and Marble's wife's safety.  It is thus fairly odd to me that the details have taken so long to come out, and that even now, the state police are not freely willing to give us further evidence to support their claim, allowing the prosecutor to lay the case based on their findings.  I still believe there is a bit more to this story that the public is not being spoon-fed by a friendly summary of the agency that did the deed.  This is not some inner conspiracy-theory part of my psyche coming to this conclusion. 

If the case, as stated, is accurate, then you have no real reason to wait over three weeks to come clean with a press release that has the 'prosecutor's opinion' be the final say.  The MSP investigators presented a case to the prosecutor where they developed a scenario where their guys would be able to be seen in the best light, without conflicting with the evidence that they gathered and presented.  Prosecutor Spaniola, in making his case of justifiable homicide, had the same goal.  If either of those two found otherwise, given the plausible deniability of the evidence gleaned, they would be betraying their comrades in the justice system.  Bill Marble, despite what his actions were, would be the fall guy, and everyone would be okay with that because it is the official word.

"Man cannot remake himself without suffering, for he is both the marble and the sculptor."  --Alexis Carrel

I offer my own evidence of wrongdoing on behalf of the Michigan State Police in this case, and whereas it does not prove they overreacted at the Marble residence, it does prove they believe they are above the law.  On January 16, 2014 I sent a FOIA request to them asking for the following in electronic format:

"The electronic file of the audio and video of the in-car recording system(s) on the initially responding MSP officers' car (or both cars, if available for both responding officers) when they went to check 9-1-1 hangups at the residence of William Marble at the corner of Hansen and Dennis Roads in Mason County on the night of 1-14-2014 at roughly 2300 hours.  Include all video and audio from at least when they arrived on-scene until it was turned off, or the responding officer(s) cleared the scene."

Yesterday, I received a letter with just a page with writing on front and back:

As you can see, the audio and video of this incident, which probably amounts to less than an hour's worth of action, costs over $100 to receive.  Now granted, if the file is too large to send through E-mail or Dropbox functions, I am willing to pay for the CD being mailed to me.  (CD cost: $.14 each) + (Mailing a CD: cost $.66) = eighty cents.  So what is the extra hundred dollars for?  

By the FOIA, a fee can only be charged for incremental costs of copying, for mailing, and for 'labor'.  As regards the latter:  MCL 15.234 (3), "A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs."  Emphasizing that last phrase, if there were to be any 'labor' costs they need to specifically identify that high cost.  They don't, because there isn't any unreasonably high costs to the MSP to provide this material.  They translate a file from their computer to a  blank CD.  They supplied it to the prosecutor well over two weeks prior.

Still, I have sent a check for $100.58 out to the MSP yesterday, along with a letter giving a stern notice as to what may happen if they decide to cash it.  We will see how their evidence holds up to scrutiny once it is received.

"Life is made up of marble and mud."  --Nathaniel Hawthorne

[Willy]

What a scam. Charging $100 for information already on their computers. It takes a matter of minutes to transfer the information you are asking for onto a disc.

[XLFD]

Definitely.  This is one of the defects of the FOIA, and is only getting worse.  I have received CD's from the City of Ludington, and the Mason County Sheriff's Office (and others) and I have been charged either less than $5 or given the CD free of charge. 

As you know, I am currently in the midst of a FOIA lawsuit with them for other simply retrievable records they still have not replied to.  Every time I deal with the MSP for information, they have some new way to shirk their responsibilities to the people.  I believe the whole agency feels that it is unaccountable, and they have effectively 'gone rogue' as pertains to the interests of the people and the truth. 

[XLFD]

Here is the original .pdf file sent out as a news release, the prosecutor sending it out upside down, no less. 

http://www.masoncountypress.com/wp-content/uploads/2014/02/marble.o... (Edited.  Thanks to Mason County Press for making it easier to read).

[XLFD]

Note, that Prosecutor Spaniola is okay with Trooper Luttrull standing outside of the Marble's house for 26 minutes listening in on their conversation and recording it without any notification to them that he was, until he gets an indication that there may be something to act on.  It's a definite felony violation of Michigan's eavesdropping laws. 

Oh wait, it's okay-- he's a police officer and looking out for the private residence's inhabitants in a situation that could develop into an emergency, before he kills one of them and scares the crap out of the other one.

[Willy]

Thanks for posting the Prosecutor's letter. I don't have time to read it now but I will soon.

According to the Michigan eavesdropping laws it appears that Michigan's Attorney General can criminally charge the Feds and NSA and even Obama for tapping into everyone"s email and phone conversations. Maybe that would be a way for the States to counteract the illegal surveillance of American citizens. It would be a good time for State sovereignty to flex it's muscles. 
 

[AQUAMAN]

I've read the very lengthy document once, I'll have to read it again, thru and thru, at least one or two more times to digest it all. Some of it overlaps, and is confusing on first read. It almost sounded like Marble was holding a chew container in the same hand as the gun, at the same time? Also, that he didn't have any ammo in the chamber, like it wasn't ready to fire? Also, that the MSP gave instructions to the suspect, after the shooting? And lastly, that the suspect was not only very drunk, but probably incapable of reason, being upset with the prior argument? As for the FOIA charges, far from fair or reasonable, as we have seen over and over with almost any agency being asked for information recently. Seem like the FOIA laws and rules aren't either known to them, or they want further delays. Is that microphone audio available, or denied too? I'd like to hear that, if it's un-tampered with.

[XLFD]

There is a lot that smells fishy here, and I will be investigating this as fully as the MSP will allow me to.

[XLFD]

I agree about using Michigan's eavesdropping laws to thwart some of these national invasions of our privacy, but I don't see it succeeding without some dogged opposition; and then you have to find someone to enforce it.  With the current Michigan AG and the direction of the current MSP, I don't see much progress for that sensible idea. 

Any progress on that front would have to come mostly from the Republican legislature and governor, who haven't shown themselves to be interested in the topic. 

[AQUAMAN]

Yes todd, I think it's no surprise, just the delay, delay, wasn't very timely, leads one to wonder why so long?  Take it from a fish-monger: good fresh edible fish doesn't have any smell, the spoiled fish does.....really. 

[XLFD]

Very good observation, Aquaman.  We waited over three weeks for this story, not for toxicology reports (because it means nothing to the investigation really if Marble was drunk or not), but for the forensics team to develop a convincing narrative. 

[Sherman Jackson]

Wow, I agree with the MSP not releasing any information on the shooting, As long as there is potential for formal charges that could be effected by the open records law, no information should be released. Everyone needs to realize that this was a crime scene, and formal investigation and the process takes time. Further more its easy to judge the actions of the officers when you haven't walked in their shoes. The tape from Art Dean shows how quickly things can go bad. Every officer feels this on the job.

[XLFD]

I respectfully disagree, Sherman.  The FOIA states:  "It is the public policy of this state that all persons... are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act.  Troopers Luttrull and Hammerle are public officers/employees acting in their official capacity when they initiated contact and used deadly force on an individual.  Since the MSP obviously doesn't believe in them having any conflicts of interest in conducting this investigation, any illegal withholding of the dashcam recordings or any other public records they need to release, should be looked at as criminally obstructive. 

The investigation by their agency was over three weekends ago except for the toxicology, they need to be fully available so non-conflicted investigators can come to the same conclusion-- or not.  The truth means something to some people, and they have effectively defamed William Marble's good name repeatedly when the only thing he has done is lawful activity inside his home.