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Day Four: “The Trial: Alex Nieto versus the SFPD”
EXAMINATION OF ANTONIO THEODORE, WITNESS TO KILLING OF ALEX NIETO BY SFPD:
- MY SUBJECTIVE RESPONSE: Theodore is a genuine, distinguished, intelligent human being, not a paid professional testifier. What he claims, that Alex Nieto was killed in cold blood, is coming from his heart and mind. He knows certainly what he saw. There is no reason for him to lie. He walks and jogs through Bernal Heights twice a day. Friends and many people know this about him. There was no examination by anyone trying to discredit that he was actually there, so he was there and he saw what he saw: THAT IS A FACT!
- Theodore confirms that there was a pause from the first volley of shots to the second volley of shot. He is now at least the third person to corroborate the pause in shooting, which would prove that Alex Nieto was not a constant threat while police officers were shooting at Alex, as police claim.
- In court Theodore claims he is not for or against anyone. He is doing this for himself.
- Since the killing of Alex Nieto, he has been heavily traumatized.
- When Theodore first began telling his story about what happened to Alex Nieto, witness Theodore had information that it is impossible to have unless he was there and actually saw the event: A. Alex wore a black hat. B. there was a police officer on the scene with a rifle. C. Police handcuffed Alex Nieto after they killed him.
EXAMINATION OF EX-CHIEF MEDICAL EXAMINER HART:
- All of Alex’s wounds were fatal injuries, but Alex had numerous immediate fatal injuries to his head, face, chest, and lungs. MY SUBJECTIVE RESPONSE: It would be impossible for Alex Nieto to have held a taser and continued holding a taser with these fatal injuries. If one is shot in the head, there is no way that they can hold onto and grip a taser.
- Alex Nieto was shot in the wrist and forearm. Many of his wrist bones were actually broken, not one, but many bones were broken. MY SUBJECTIVE RESPONSE: It would be impossible for Alex Nieto to have continued holding a taser with his wrist broken in many different places and with his forearm shot.
- MOST IMPORTANT PHYSICAL EVIDENCE THUS FAR: A BONE WAS FOUND IN ALEX NIETO’S LEFT JACKET POCKET. IT IS CONSISTENT THAT HIS WRIST BONE IS INSIDE OF HIS LEFT JACKET POCKET. MY SUBJECTIVE RESPONSE: THIS PROVES THAT ALEX NIETO’S HAND WAS IN HIS POCKETS WHILE HE WAS BEING SHOT! POLICE OFFICERS HAVE ALL CLAIMED THAT ALEX NIETO’S HANDS WERE NEVER IN HIS POCKETS. THIS EVIDENCE COMPLETELY REFUTES THEIR TESTIMONY!
- Alex Nieto had abrasions and bruises to underneath his eyes consistent with the sunglasses being worn by him when he was killed. MY SUBJECTIVE RESPONSE: Officer Schiff’s testimony that he looked into Alex’s eyes and saw him angry and that he saw Alex’s cheek bones rise are impossible to believe since this proves that Alex had sunglasses on and Officer Schiff could not have seen this. Officer Schiff’s story about Alex looking angry is a total fabrication to justify the unlawful killing of Alex Nieto.
- Alex Nieto’s leg was shot and broke his tibia and fibula bones. Alex Nieto had bruises to his knees. With this type of injury it would have been impossible for Alex Nieto to stand. MY SUBJECTIVE RESPONSE: Alex Nieto did not jump into any tactical prone position as the police officers claim. Alex Nieto collapsed on the ground and was dying when they continued firing at least 59 bullets at him.
- Alex Nieto’s leg was shot in a side manner—from decedent Alex Nieto’s right to left and slightly upward. MY SUBJECTIVE RESPONSE: IT WOULD HAVE BEEN IMPOSSIBLE FOR ALEX TO HAVE SUSTAINED THAT WOUND WHILE HE WAS STANDING AND POINTING A TASER STRAIGHT AT THEM! POLICE CLAIM THAT ALEX NIETO WAS ALWAYS FACING THEM AND NEVER CHANGED HIS POSITION POINTING STRAIGHT AT THEM. ALEX NIETO COULD NOT HAVE DONE THIS.
- The City Attorneys argue that there were no defects found in the jacket. NOTE THAT EVEN THOUGH THE JACKET IS A KEY PIECE OF EVIDENCE, THE CHIEF MEDICAL EXAMINER NEVER TOOK PICTURES OF THE JACKET! SHE TOOK PICTURES OF ALL OTHER EVIDENCE, INCLUDING THE HAT, BUT DID NOT TAKE PICTURES OF THE JACKET.
- NOTE THAT THE CHIEF MEDICAL EXAMINER AT THE TIME IS NO LONGER THE CHIEF MEDICAL EXAMINER BECAUSE SHE RESIGNED HER POST. THE MEDICAL EXAMINER DEPARTMENT IS NOW BEING INVESTIGATED BECAUSE OF ALLEGATIONS OF IMPROPER AUTOPSIES. I GUIDE YOU TO A LINK SHOWING THIS: http://www.sfexaminer.com/allegations-improper-autopsies-far-reaching-implications/
EXAMINATION OF ROBIN BULLARD, LAST PERSON TO SEE ALEX NIETO ALIVE BEFORE HE WAS CONFRONTED AND KILLED BY SFPD:
- Bullard claims it is not uncommon to see people eating and wearing a red jacket on Bernal Heights park.
- He thought Alex Nieto was a perfectly normal person; Alex was eating a burrito and looking out at the beautiful view of San Francisco. He was not erratic or strange in any way.
- On Bernal Heights, many people are afraid of dogs. Some joggers even carry a stick with them when they jog!
- Bullard claims he walks down the block and then hears the first volley of shots. THEN THERE IS A PAUSE OF TEN SECONDS. Then he hears the next volley of shots.
- Bullard did not know that it was the police shooting because he did not hear sirens. He did not head anyone commanding anything like Show me your hands or Drop it.
- Bullard did not believe that the police would have fired so recklessly like that in a public place.
- City Attorneys chose to not even try to examine Bullard.
EXAMINATION OF MARK PROYA, SFPD CRIME LAB:
- We have a list of expended cartridges and some recovered bullets fired by the SFPD.
- MY SUBJECTIVE RESPONSE: To the best of my ability trying to figure it out, here is the list:
- CASINGS: Schiff: 20, Sawyer: 16, Morse: 11, Chew: 1.
- BULLETS: Sawyer: 6, Schiff: 2, Morse ?: 1
EXAMINATION OF OFFICER ROGER MORSE:
- Officer Morse and Chew had no discussion about tactical plan before they reached Bernal Heights.
- When he arrived at the shooting, he saw Alex Nieto on the ground.
- He says he saw Alex’s hands arms recoiling. MY SUBJECTIVE RESPONSE: It is impossible for a taser to force someone’s hands and arms to recoil because there is no blast coming from a taser.
- He says he never saw a red laser light.
- He never heard anyone shouting any commands.
- He was the first one to approach Alex after they killed him. He says he saw Alex with a taser but that there were NO TASER WIRES EXPOSED.
MORE EXAMINATION OF THIS WITNESS ON MONDAY.
AMOR FOR ALEX NIETO!
The Nietos with community celebrating Alex’s Birthday 2016. He would have been 30 years old. Photo taken where Alex was unlawfully killed by SFPD.
4 thoughts on “Day Four: “The Trial: Alex Nieto versus the SFPD””
Far and few , the voices that speak for the dead… Hats off to you Ben ! Keep voicing,for the the truth will set you free!
Hi, Ben, it’s Mimi Klausner; I’ve been at the trial most days and we met this week. Is the jacket available now for inspection?