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Day Five: “The Trial: Alex Nieto versus the SFPD”

EXAMINATION OF BRYAN CHILES, TASER INTERNATIONAL  VALIDATION TEST MANAGER:

• Chiles told by San Francisco to recalculate the original time stamps of 7:14 because they did not match up with someone’s story (NOTE THE SFPD SHOOTS AND KILLS ALEX NIETO BETWEEN 7:18 AND 7:19.). He does not remember who told him to do this.
• Before Chiles was confronted by San Francisco, he was going to simply submit his report with the original time stamps. HE HAD NO INTENT TO PERFORM A CLOCK DRIFT STUDY, THAT WOULD ACCOUNT FOR LOST TIME ON A TASER DUE TO VARIOUS CONDITIONS REGARDING HOW CLOCKS SLOW DOWN.
• BRYAN CHILES TESTIFIES HE KNEW BEFORE HE RECALCULATED THE TIME STAMPS OF THE TIME THAT ALEX NIETO WAS KILLED.
• SINCE BRYAN CHILES RECALCULATED THE TIME STAMPS FOR SAN FRANCISCO, HIS COMPANY, TASER INTERNATIONAL, HAS RECEIVED A MULTI-MILLION DOLLAR BODY CAMERA CONTRACT TO OUTFIT THE ENTIRE SFPD WITH BODY CAMERAS. MY SUBEJCTIVE RESPONSE: YOU DO THE MATH! SEE THIS LINK FOR MORE INFORMATION REGARDING THAT CONTRACT: http://ww2.kqed.org/news/2016/02/09/san-francisco-poised-to-award-taser-with-police-body-cam-contract
• The “study” Chiles submitted to account for the clock drift of Alex’s taser was the first ever attempt to account for clock drift. It was not a “study” that was peer reviewed by experts, it only evaluated 10 tasers (not including Alex’s), and it was based on a “study” that did not last even one month. Prior to his deposition, Chiles had only evaluated one or two of these types of tasers.
• Chiles testifies that the red laser light cannot function while the taser is turned off. The taser was turned off WHEN ALEX NIETO WAS KILLED. THIS IS CONFIRMED BY PHOTO EVIDENCE AND EVEN TESTIMONY FROM OFFICER MORSE AND WITNESS ANTONIO THEODORE.
• If the blast doors are not on the taser, the wires will simply fall to the ground. MY SUBJECTIVE RESPONSE: the taser blast doors were never found. Officer Morse, the first officer to approach Alex after they killed him, did not see any wires emanating from the taser.
• Chiles testifies that there is a bevel lock on the taser when it is on the “fire” or “safety” switch positions. If it is on, the switch cannot simply slide back down. It requires the movement of a thumb or something very precise like that. MY SUBJECTIVE RESPONSE: It is impossible for a kick or throw to have turned off the taser.

EXAMINATION OF CRAIG FRIES, SHOOTING RECONSTRUCTION

• Fries testifies that he was paid over $40,000 dollars by San Francisco to reconstruct the shooting of Alex Nieto.
• Paid $325.00 an hour.
• He looked at physical evidence and witness statements to reconstruct the scene.
• He claims he “parroted” the coroner’s report so that his report would match up with or refute what it claims happened when Alex Nieto was killed.
• HE DID ABSOLUTELY NO OTHER RECONSTRUCTION OF OTHER POSSIBLE SCENARIOS REGARDING THE SHOOTING.
• MY SUBJECTIVE RESPONSE: Fries gives the city what it wants to hear and see. All the 3D reconstruction is like a giant hocus pocus magic trick that is expected to make us believe only one possible logical scenario. THE WAY HE DESCRIBES AND ATTEMPTS TO DISPROVE ALEX’S HANDS IN HIS POCKETS IS FROM AN AWKWARD FIXED POSITION. WE KNOW THAT WHEN PEOPLE HAVE THEIR HANDS IN THEIR POCKETS THEIR HANDS CAN CHANGE POSITIONS, ESPECIALLY IF THEIR JACKET IS UNZIPPED OR OPEN, LIKE ALEX’S JACKET WAS SEEN TO BE IN THE PHOTOS WHEN HE IS LYING ON BERNAL HEIGHTS AFTER HE IS KILLED.
• 11 cartridge casings were never found. If there were 11 rounds missing from his 3d reconstruction model, can it be that some rounds were fired from somewhere else? Fries cannot discount that some shots could have been fired from closer positions than are claimed in his 3D model. MY SUBJECTIVE RESPONSE: Note that 11 cartridge casings were never found. How could that be? The wind did not blow away the loose dollar bills that were on the ground. How could it blow away 11 heavier cartridge casings? It is possible that other shots account for some of the wounds that Alex Nieto received.
• Fries never saw the physical evidence of Alex’s jacket and he did not include one single photo of the jacket in his report. He claims he saw pictures of the jacket that supposedly did not have defects, but now the medical examiner claims to have never taken any pictures of the “non-defect” jacket.
• Note that the medical examiner does claim that there is a defect in the jacket sleeve that is consistent with Alex’s wrist bones being broken by shots fired.
• EVEN THOUGH FRIES CLAIMS ALEX COULD NOT HAVE HAD HIS HANDS IN HIS POCKETS WHILE BEING SHOT, HE CANNOT EXPLAIN HOW THERE IS A BONE IN ALEX NIETO’S LEFT JACKET POCKET.

EXAMINATION OF ROGER CLARK, POLICE PRACTICES EXPERT:

• Clark testifies that in this situation the officers unreasonably chose to close distance when they should have stopped and given clear commands.
• In this situation there was no one who was calling for help, no report of an assault or injury, and the person who actually called the police was still on the phone with the 911 dispatcher. Officers could have clearly called and found out more information instead of recklessly attacking Alex Nieto, who was not accused of doing anything illegal.
• The officers gave confusing commands to Alex Nieto. “Show me your hands” is not in a proper sequence of orders, like “Stop” or “Freeze.”
• Also, “Show me your hands” is an illogical command because officers claim Alex was in fact already having his hands out and showing them his hands. This would have led Alex to become confused.
• There was no command or warning given before officers began firing.
• The use of force was excessive and there was no reason for it since there was no immediate threat of life.
• Clark testifies that he has testified for officers in past and will not testify in a case if he does not believe in it. MY SUBJECTIVE RESPONSE: His credibility is solid.
• Alex Nieto was not an “active shooter” so the way officers approached Alex was unreasonable.
• Officers had sufficient time to talk with 911.
• The Sergeant in command should have contained the perimeter: command, communicate, control, and capture. In this case the Sergeant did not have any plan.
• It was not Mr. Nieto’s fault that the officers purposely put themselves in a position that did not give them time to react reasonably.
• OFFICERS ARE NEVER EVER SUPPOSED TO FORCE A CONFRONTATION WITH A SUSPECT IN ORDER TO JUSTIFY A SHOOTING. THIS IS A SANCTITY OF LIFE ISSUE.

EXAMINATION OF ELVIRA NIETO, ALEX’S MOTHER:

• When Alex was younger, they all attended church together. Photo submitted.
• Alex enjoyed helping the community and was politically active.
• Photo of President Bill Clinton and Alex smiling together submitted.
• Photo of Board of Supervisor Tom Ammiano and Alex smiling together submitted.
• Alex Nieto walked the stage for the City College of San Francisco graduation ceremony. Photo of Alex in graduation gown and with his family submitted.
• Photo of Alex Nieto’s City College of San Francisco Administration of Justice Certificate submitted.
• Photo of Alex Nieto smiling with his family in Mexico.
• Photo of Alex Nieto smiling with family at Christmas time.
• Photo of Alex Nieto in full security guard uniform submitted.
• Elvira Nieto was extremely proud of her son and loved him very much. She still cannot believe he is dead. Her heart is still not accepting it.
• Her husband, Refugio, is still sad as well. Every day he visits the memorial of where Alex Nieto was killed—sometimes twice a day he goes up there.