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| "I humbly apologize . . ." |
for BigTrial.net
The city solicitor's office is asking a federal judge to seal in a civil case the videotaped depositions of former Deputy Police Commissioner Dennis Wilson and current Deputy Police Commissioner Christine Coulter.
The request for a seal order is in furtherance of a two-year-old cover up propagated by Mayor Kenney and Police Commissioner Outlaw regarding who made the final decision to drop tear gas on George Floyd protesters in 2020 who were illegally blocking the Vine Street Expressway during rush hour.
In an April 4th deposition in an ongoing civil case in U.S. District Court, Derrick Jacobs v. City of Philadelphia et al, former deputy police commissioner Wilson revealed that he took a voluntary demotion and $26,000 a-year pay cut over the 2020 decision to drop tear gas on the protesters because "the heat . . . got too much for the city."
At a 2020 press conference, Wilson claimed under duress that the decision to deploy tear gas on the Vine Street Expressway was made by him and him alone. But in his April 4th deposition, Wilson admitted that "Everyone [in the police department] knew that decision was going to be made."
And everyone, Wilson testified under oath, included Police Commissioner Outlaw, whom Wilson had just talked to on a cell phone "immediately before" the tear gas was deployed.
During her deposition, Deputy Police Commissioner Coulter was asked some pointed questions about the indictment and arrest of former Staff Inspector Joseph Bologna, who was fired for allegedly hitting a protester in the head with his metal baton.
And during her deposition, Coulter stated that Bologna did nothing wrong, and he was merely following orders and proper department procedures during the George Floyd protests. Further, Coulter stated that the protester in question had actually interfered with an arrest, and had also stolen Bologna's baton.
But rather than allow the public to hear and see what Wilson and Coulter had to say, the city solicitor's office under Mayor Kenney wants to declare those two depositions confidential, and prohibit former homicide detective Derrick Jacobs from further discussing those depositions with bigtrial.net.
In the Jacobs case, the city solicitor on May 11th filed a motion that "respectfully request this Court to enjoin Plaintiff from disseminating deposition transcripts or discussing or disseminating deposition testimony prior to the Order following the hearing regarding Defendants’ Motion for a Protective Order."
A hearing called on whether the judge should grant the protective order has been canceled twice by the court. The city solicitor's office is now asking Judge Joel Slomsky to grant the protective order without bothering to hold a hearing, where the media could attend and Jacobs could object.
In previous motions to the judge, the city solicitor's office has contended that excerpts from Wilson's deposition testimony previously published on big trial.net were allegedly used to "harass, annoy and/or intimidate" former deputy police commissioner Wilson.
The city solicitor's office has similarly argued that if Coulter's deposition was excerpted on bigtrial.net, it would expose Coulter to"harassment and undue distress."
To which, Big Trial would like to make two points.
A. The city solicitor offered no proof to back up those allegations.
B. During his deposition,Wilson was specifically asked if he was a regular reader of bigtrial.net.
And Wilson replied that he was.
"I don't recall discussing that. I do read those articles on Twitter," Wilson replied. "I --- I do like those -- those articles so I do read them. I wouldn't dispute that if you said we had a conversation about it. But I don't remember that."
"Have you reviewed any articles in bigtrial.net regarding Plaintiff Jacobs that you disagreed with?" Jacobs asked Wilson.
"Again, I don't specifically remember reading any articles," Wilson replied. "I probably did. But when they come off --- he --- he don't write many. When they come up I read them. They're all about the Philadelphia Police Department."
Got that?
Wilson wants Big Trial to write more blog posts about the Philadelphia Police Department, not less.
Gee thanks, Mr. Wilson.
Wilson's testimony dovetails with what a previous commanding officer had to say on the witness stand in another ongoing case over Outlaw's firing of former SWAT team member Richard Nicoletti for following her orders and using pepper spray on protesters, to clear the Vine Street Expressway.
Last October, Inspector Winton Singletary, the commanding officer of the SWAT team who was at the Vine Street Expressway on June 1, 2020, testified in Philadelphia Common Pleas Court about what happened that day.
On the witness stand, Singletary testified that before the tear gas canisters were launched, he was aware that former deputy Police Commissioner Wilson was in "constant contact" that day with the "on-site incident commanders," whom Singletary identified as Outlaw and Kenney.
Singletary further testified that he heard Wilson say over police radio that he had received final approval to tear gas the protesters, an approval that Singelary said came not only from Outlaw, but also the mayor.
The bottom line is in publishing the Wilson and Coulter depositions, the only people who are going to be harassed and annoyed, or subject to undue distress, are a couple of known liars and cover-up artists -- Mayor Kenney and Police Commissioner Outlaw.
Outlaw, the city solicitor contends, "is not a party to this case" and possesses "no unique information" about the case.
"As the head of one of the largest Police Departments in the United States, the Police Commissioner is tasked each day with resolving complex issues that impact the millions of people in who live in and around Philadelphia," the city solicitor wrote on Jan. 26th.
"As the head of one of the largest Police Departments in the United States, the Police Commissioner is tasked each day with resolving complex issues that impact the millions of people in who live in and around Philadelphia," the city solicitor wrote on Jan. 26th.
"To subject her to Plaintiff’s deposition so he can engage in, presumably, a line of questioning and interrogation that would not relate in any manner to the case at hand is unduly burdensome and completely disconnected from any potential issues that may be put forth to a jury should this case reach trial."
"Moreover, in her role, [Outlaw] is afforded special protections to prevent this precise form of harassment and cannot be forced to testify in every case that involves payroll issues within the Philadelphia Police Department."
Wilson's deposition was made in federal court, where former homicide detective Jacobs is suing the city and the Philadelphia D.A.'s office. In the lawsuit, Jacobs charged that the D.A. initiated a grand jury investigation against him after Jacobs exposed what he contended was a corrupt prosecution of former Police Officer Ryan Pownall.
The cop-hating Krasner indicted Pownall for murder, after an internal investigation that Jacobs was involved in cleared Pownall in a white-on-black police shooting. Jacobs, who is black, says he was threatened with arrest and indictment by the D.A.'s office when he wouldn't change his story to accommodate Krasner's new story line that Pownall was a racist murderer.
Jacobs is contending in his lawsuit that he was the victim of a constructive discharge by the Police Department, a matter handled by Wilson, because Jacobs spoke out on a podcast about corruption in the D.A.'s office.
On the podcast, Jacobs upset his bosses in the police department by referring to the D.A.'s office under Larry Krasner as a "criminal enterprise." On the podcast, Jacobs also stated that Assistant District Attorney Tracy Tripp constituted a "clear and present danger" to police.
Jacobs says he was forced to resign because he learned that the department was drawing up charges to fire him for allegedly communicating with the media without authorization, and for allegedly not complying with the police commissioner's orders and/or directives.
The bottom line here is that Derrick Jacobs is a whistle blower.
And here has been the city's official response.
First, the D.A.'s office threatened to indict and arrest him.
Then, the Police Department forced him out of his job.
And when he filed a federal lawsuit to protest all that, the city solicitor is now trying to seal his depositions and gag Jacobs from talking to the media.
All to continue a two year-old cover up to protect Mayor Kenney and Police Commissioner Outlaw.
For shame.