July 22, 2011

What it's like to be arrested by the FBI

We have no idea as to whether former Boston council member Chuck Turner was guilty of the extortion charges for which he was convicted and sent to prison. The background to the story can be found here.     The case for his innocence can be found here. But what caught our eye was Turner's own description of his arrest, which brought to mind how seldom one finds a readable account of such a major incident in life. Here are some excerpts: 
 
On November 21, 2008, at 6:16 a.m. I was confronted in my office at City Hall by 10 white men and women, some in police uniforms. One of them barked at me, “Hang up the phone”. I had been talking with my wife, Terri, who had called me 10 minutes earlier, saying that the FBI had just come to our house to arrest me. My first response was “Well it finally happened” and we both laughed since Terri had been saying for years that my political work would result in my being killed or put in jail.

My second response was “Why are they going to arrest me.” She said she didn’t know and went on to say that they forced their way into the house when she told them that I had left for work. She was still relating her experience with them when the FBI accompanied by Boston Police burst into my office and ordered me to hang up the phone.

The large officer at the edge of my desk who had told me to hang up the phone, then ordered me to stand up and put my hands behind my back. As I followed his instructions, I started to laugh which infuriated him. “What are you laughing at?”, he shouted. I replied, “You would never understand”.

The situation was obviously a serious one. At the same time these ten “public safety officers” standing around me in my small office getting ready to handcuff a 68 year old, black, 9 year City Councilor, and lifelong activist seemed so ludicrous that I couldn’t help but laugh. It seemed that somehow I was playing a part in a grade C detective movie or perhaps even a Keystone Cops movie.

At that point, the leader of the group said move and I and the pack of “public safety officials” began to move out the door, some in front of me and some behind. As we walked down the hall to the elevators, I wanted to ask how much each of them earned per hour because it seemed like a tremendous waste of tax payer money. Did they think I was going to make a break for it and they needed ten officers to take me down? Even if they thought I was going to perform an act of civil disobedience, they wouldn’t need ten officers.

When the elevator arrived, it seemed that they all wanted to ride with me so most of us crowded into the elevator and rode to the first floor level where we walked out to the parking area where I saw a traditional red Ford parked and waiting for us. The young, male FBI agent who had interviewed me three weeks before said “Get in the car”. I turned my back to him so he could take the cuffs off, when he again barked “Get in the car”. I then realized that they were playing “We’ve caught the dangerous criminal who will make a run for it, if we take the handcuffs off”. Or maybe it was the “Now that we have arrested this arrogant, loudmouth “Negro” politician, lets show him whose in charge and how difficult we are going to make life for him”.

Regardless which scene they (the young female agent who had also interviewed me was by then standing beside him) were playing, the best thing to do was to try to make myself as comfortable as possible, hand cuffs and all in the back seat of their car. As I listened to them talk, it became apparent that they were getting ready to take me on a 45 minute ride to Worcester, MA. Apparently US Attorney Sullivan had scheduled my arrest to take place on the day that the judge magistrate who would arraign me was at the Courthouse in Worcester.

After about twenty minutes of trying to get comfortable with my hands cuffed behind my back, I started to have the urge to ask if they could at least loosen the cuffs. However, it occurred to me that their objective was to make me as uncomfortable as possible. So it was clear that the best thing to do was to suck it up and understand that my discomfort was miniscule compared to what others endure at the hands of “public safety officers” every day.

Unfortunately, when we arrived in Worcester, they couldn’t find their way to the court house. They kept asking questions of the person on the other end of their radio unit but it didn’t seem to do any good. However, after what seemed to be a half an hour, finally we arrived at the Worcester federal court house and parked in the back. The female officer opened the rear door and said “Get out”. I thought for a moment about resisting and forcing them to have the court officers carry me out of the car into the jail. But then an internal voice said what would be the point or value of an act of resistance at this point.

Sitting in the barren jail cell, with no idea of my crime, I felt very alone. I had no idea what time I would go before the judge. However, I knew I had to find some way to keep myself calm until that moment. Remembering Nichiren Daishonen, the Buddhist monk who had been imprisoned for his views, I began to chant “Nam Myo Ho Renge Kyo” the powerful chant he had developed. After a few minutes I would pause and then begin again.

After about an hour or so, I began to hear this strange clanging against the bars and realized that I was not alone. I assumed that the clanging was a message to stop chanting. At that moment, I was in no mood to take his or her feelings into consideration. I rationalized that whether s/he realized it, my chanting was helping both of us.

Eventually, I dozed off and was awakened by a guard saying that my lawyers had arrived. It was now two thirty. I was told that in a half hour, I would be led into court to begin the most difficult ordeal of my life. While I was being moved to Worcester, Terri had been contacted by Kazi Toure and Steve Kirshbaum, political allies, who when they heard I had been arrested secured legal assistance.

Kazi worked as an investigator for Barry Wilson, a local criminal lawyer, who agreed to represent me at the arraignment. Steve, a steward of the School Bus Drivers Union, asked John Pavlos, also a criminal lawyer, to join Barry. Also through the bus drivers union and the International Action Center, Steve organized a group of men to provide security on the porch of our house bringing a sense of relief to Terri who was being barraged by the ever present, ever insistent press.

In the short time we had before going before the magistrate, John and Barry showed me the affidavit that the prosecutor had given them. The affidavit said that I was being charged with extortion, three counts of lying to the FBI officials who had interviewed me three weeks before, and conspiracy with Senator Dianne Wilkerson, the first Black female state senator. There were also two pictures of a black hand putting something in my hand. I couldn’t see the person’s face but the picture on the wall led me to believe that it had been taken in my district office.

The affidavit identified the hand as belonging to US Attorney Sullivan’s cooperating witness who they only identified as a community business person. The senator and I were accused of being in a conspiracy to extort money from him. The charges of lying to FBI agents were based on the fact that when I was interviewed three weeks earlier on the day of the Senator’s arrest for taking bribes, I was asked three questions by the officers. Did I know a local businessman, Ron Wilburn? Did Mr. Wilburn ever offer to give me a fund raiser? Did Mr. Wilburn ever give me money? To which I answered No, No, and definitely Not. How could I been given money by a person that I didn’t even know. My answers to these questions increased the number of my crimes (counts) from two to five.

After talking briefly about the procedures of the court process and agreeing to meet the following Sunday, the three of us proceeded to court. When the court officer opened the door to the court room, what I saw almost brought tears to my eyes. The court room was filled. There were my wife and one of my daughters in the front row. Around them and back of them were a myriad of other friends and supporters. Despite the fact that Sullivan had arranged that the session would be held 45 miles away from Boston, my family, friends, and supporters were still there with me in my time of need. The moment just confirmed what I have always said, “Our greatest asset in the struggle for justice is the love and support of each other”.

As I turned to look at the judge and prosecutor, I was amazed by the smirk on the face of the person who would be presenting the government’s case, Asst US Attorney McNeil. I assumed he was thinking, “Now we’ve got you!” I said to myself “But you’re not going to keep me without the fight of your life” and smiled back. The formalities went quickly. The prosecutor read the charges. I plead not guilty. The judge said some other things that I don’t remember and released me on my own recognizance with the reminder that if I broke any of the conditions, I would not only go to jail but forfeit a $50,000 bond which meant to me that I would have to give the government $50,000 which would have been an impossibility.

Moving out of the court room surrounded by friends and family, someone said that the Boston City Council President Maureen Feeney had announced at noon that she was stripping me of my Council Committee seats and inviting me to meet with the Council on Monday, the next working day, to decide what they would do. I said to myself, “It’s amazing, a year ago, I went to Maureen as a representative of Team Unity, the four Boston City Councilors of color, and said that if she ran for President, we would support her because we thought she would be a fairer Council President than Councilor Flaherty. Now that’s she President, she’s tried me before I have even been indicted. Looks like we made a bad assumption about fairness.”

Before I could think any more about the irony of her actions, the doors to the outside were opened and in front of us were lights, cameras, and reporters shouting, “Do you have a statement. What have you got to say”. Understanding that to say nothing would be taken as an admission of guilt, I went to the battery of mikes, thinking that it was amazing that during my nine years as a Councilor, I would be lucky if any reporters showed up to cover what I thought were important news stories. Now that I am accused of being a corrupt politician, they all want to hear what I have to say.

So I made it short and sweet. “Let me be clear. I am not guilty of any of the charges. I have served the people of my district with integrity over the last nine years and intend to continue. And Council President Feeney has no right to take away my Council powers, I haven’t even been indicted.” Then it all became a blur as we moved to get into the car and drive to Boston to prepare for Monday’s confrontation with Council President Feeney and the Council.

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