Tuesday, October 10, 2006

Evidence Of NWA's Profiling Of My Family and I Prior To Attack Upon Us



As a minority on board an international flight from Minneapolis Minnesota on to Winnipeg, Jan 18/06 Mr. James was most certainly profiled and persecuted as such, in a series of events that not only constituted racial prejudice and breach of contract on the part of Northwest Airlines, but also compromised the safety of James and his mother entirely and led to an unprovoked vicious assault and battery, leaving Mr. James in a pool of his own blood in the middle of the isle aboard the aircraft, having been beaten and tased extensively by overzealous, bigoted Mn Police (the MN Police being notorious in the news of late) acting in dereliction of duty.

The James family has suffered severe trauma over such violations and ill-treatment.

Arguments supporting the evidence of profiling follow:

Even before boarding the NWA Flight, James was aware that the security were paying him close (and unwarranted) attention, eying him up and down conspicuously, with incriminating eyes.

Within 30 seconds of James and his mother having boarded the plane, Stewardess Sherrie Caudell approached James’ mother affrontively about her bag, which was situated in the middle seat of the row, and stated affrontively, to attract attention, “Excuse me! Is there a problem here?!” James’ mother was not aware she was being addressed by the stewardess because there was no problem- only with the stewardess Sherrie Caudell’s bigotry (she would later make such statements as “WE ARE TRAINED TO KILL BEFORE WE ARE KILL”) and Ms Caudell had not been facing Mrs. James directly- no she had her attention and voice veered off towards the audience of the aircraft largely, in order to attract more attention.

As such, once again, for a second time, Sherrie arrogantly repeated, “Excuse me- Is there a problem here?!” James mother responded, somewhat startled, “Are you speaking to me?” to which Caudell responded abrasively, “YOUR BAG!!”

Yet this had not been the first time the issue of their baggage had come into question under Northwest Airlines profiling and scrutiny of the James family:
On their way down to Rochester, MN, 1 week prior to the fated return flight, their bags had been searched and luggage locks cut. As such when James arrived at the hotel having arrived in Rochester, he and his mother were without their luggage. Northwest Air had claimed that they had misplaced the luggage, however they “found” it several hours later, and James and his mother had their luggage sent to their hotel, the luggage locks missing and the luggage rummaged through and scattered about. A note attached to the luggage read, “This luggage has been searched”…

James made a complaint to Northwest Airlines due to this abusive treatment on their way down and there is significant evidence that having made this complaint only made them even more of a target for subsequent and intensified scrutiny profiling and persecution upon their return flight Jan 18/06.

More now on the behavior and misconduct of crew:
Sherrie Caudell, flight stewardess, was instrumental and pivotal in the harassment and profiling: Having harassed James’ mother about a bag and drawn attention, Caudell set in upon James thereafter, in the isle of the aircraft, verbally accosting him unrelentingly-and why? Caudell would later claim that James had not acknowledged her in the isle of the aircraft (more evidence of profiling oriented treatment!). Sherrie Caudell wasted no time in following James down the isle, immediately raising her voice, saying “Excuse me do you have a problem?!!” for the whole cabin to here. Note the similarity to the comments she had used in accosting his mother not moments ago…
In response, James simply answered quietly (He did not like the attention this was drawing), no (i.e. no I don’t have a problem) to which Caudell responded in her obligatory affrontive / loud fashion, “Are you sure?!” To this James responded, “Yes”. Yet Caudell was unrelenting. She then attacked further, stating vehemently, “Because you walked right past me and didn’t say anything?!! (As if a crime had just been committed) To this James simply responded, “I’m sorry” quietly and took his seat. (The patience James exuded despite Sherrie Caudell’s onslaught of verbal abuse should be duly noted here.) She had followed James down the entire length of the isle while carrying on in this fashion, drawing the audience of the entire aircraft (by deliberate design). Between this and the verbal accost of James’ mother immediately upon their having boarded the aircraft, and the uncustomary search of their luggage on their flight down, James and his mother had been accosted and persecuted repeatedly in a display of overt racial profiling and discrimination.

A complaint deliberately portrayed as threatening in order that they (NWA) could justify misplaced profiling and persecution: By merely making a complaint about the way in which he and his mother were being treated, without raising his voice or invading personal space- simply on the merit of his ethnicity- James was falsely accused as having “verbally attacked the crew”. Again, James had at no time raised his voice, used any profanity, made any threatening comments or invaded personal space- any these claims were supported later on at trial by none other than head stewardess Beverly Banks who witnessed the ordeal.

…It would seem that it is now a crime not only to be a minority but also a crime to raise objection to ill treatment stemming from resulting bigotry and profiling.

Verbal attack on James family over open P/A system!
Sherrie Caudell would later go on to overtly denounce the James family over the open P/A system no less, stating over the open p/a, “these guys are lunatics!” for the entire cabin of passengers to overhear! Again, I remind you, this is the same stewardess who would later get up on stand and state vehemently, “we are trained to kill before we are killed!!” and “You know what- I don’t care who heard!!” in response to the query made of her hostile comments voiced over the open P/A of the aircraft.

Excerpts from Sherrie Caudell’s Written Statements Reveal Deep Rooted Racism and Bigotry: Caudell’s written statements: “ I start my demo and 8c is extremely targeting me with his facial expressions and is talking about me I thought…I felt threatened by him…extremely weird.”
What we can see here is a very dangerous paranoia resulting from inherent and wanton racial hatred bigotry and profiling, that had disastrous consequences in this case, putting the lives of the James family and others needlessly in danger.

The next statement/ excerpt from Sherrie Caudell’s written statements is nothing less than utterly alarming and exemplifies the true magnitude of profiling occurring: Her statement follows: “ I sat in a passenger seat close by so I could watch him. I also didn’t want her (the other stewardess) to be by herself with him (More false conjecture of hostile intent) “I felt very uncomfortable around him”

Note that the claim “I felt uncomfortable” has become renown for its use as an excuse for action in the guise of racism and profiling- and has been used and abused as such more so than any other statement or claim.

Again, this constituted more falsely incriminating characterization with no basis in fact- without supporting evidence beyond the discriminatory claim, “I felt uncomfortable”. This statement and similar statements to it (ex I felt intimidated etc.) have a long standing history of having been used as incriminating “evidence” against minorities more recently surfacing in the airlines industry, and are in fact nothing more than an extension of their wanton abuses of humanitarian and civil liberties under racial profiling and discrimination.

Also used as a weapon to profile and falsely label Mr. James, is his large physical stature.
Most are no stranger to the concept of one’s size and physical appearance being used against an individual in order to support false claim- and even ‘better’ still if the designation ‘minority’ can be appended to the stigma of “large and hostile” for the purpose of profiling.

With the above in mind I relate the written comments of another stewardess (Sarah NJAA, employee # 074427) aboard the flight, which exploit James physical stature with the attached stigma of threat. Her comments follow: “A very muscular, angry man boarded on plane along with his mother” which is illustrative of her predisposition of hostility and non-acceptance of the James family even prior to any verbal exchange and from the very moment they boarded the plane!

She states further “During the demo the flight attendant *felt extremely uncomfortable and we stopped the A/C.” Note the incessant reliance on the term ‘uncomfortable’ resurfacing again and again…

Understandably, following all of the aforementioned abuse, Mr. James would have been reluctant to converse with the crew and was well entitled to be left alone and have the “quiet flight home” he had requested in light of this. (James reserve was exemplary given their tremendous hostility) However, Mr. James had been profiled and was not to be given the decency or courtesy of having this request granted as is exemplified by the following written comments made by the lead flight attendant Beverly Banks: “I tried to reassure him she (Sherrie Caudell) only had concern for him (a preposterous notion in of itself) and we wanted to make sure he was ok. He became defensive, and would not give us his name, and eventually refused to dialog… A decision was made to have the passenger removed from the flight.” Racial profiling can seldom be made to appear any more overt and obvious as it has been in this case. A report of an “irate passenger” was released to airport police (despite the fact that Beverly admits James had never raised his voice!) and 5 officers with pistols, 2 of which also bore taser weapons boarded the flight once it had returned to port prior to taxiing!!

Officers asked James to get up out of his seat and James capitulated as requested.
However, in the State-of-Minnesota-Charge-Sheets from detective Mike Shepard, stamp dated Jan. 20/06 10:51am, he states, “The defendant stood up and squared off against the officers…” Note the deliberate spin in presentation afforded herein- James had abided by their request and was then accused of ‘squaring off’ for having done so.

Police, reflecting prejudicial spin and bigotry in their style of reporting were also caught lying overtly. An excerpt of Officer Alvin Cooper’s blatant perjury is attached.

Clearly James’ physical characteristics were being used against him, compiled on top of the ethnic based prejudiced accompanying it. This is exemplified poignantly in a statement given by officer Steven Sweigart in his police report. His melancholic account underscores the prejudicial nature of their position. His statement follows: “James had a very concentrated, staring gaze at me. James stood up and I immediately noticed that he was tall (Approximately 6’ tall), very muscular (approx 260lbs) and he had his hands clenched…I saw his forearm muscles in both arms flex.” That this kind of melancholic drama fit better for theatre, was admissible as written ‘ police testimony’ is utterly shameful. Mr. James was returning from the Rochester Mayo Clinic following consult with a surgeon regarding his injured right arm. Mr. James had only the use of his left arm, his right hanging limply to his side. Regardless of this fact, (which makes their claims that much more inappropriate and preposterous), the mere substance of their commentary on its own, smacks of prejudice presumption and profiling.

Officer Wingate’s report was equally prejudicial against Mr. James, and similarly invokes in its arsenal, the obligatory melancholy and spin concerning James’ physical attributes and assumed disposition, without due cause or supporting evidence.
His written statement follows: “James physical stature was very large and looked somewhat like a bodybuilder…Sergeant Milton immediately told me he did not feel safe (another variation on ‘not comfortable’) with James walking off the aircraft unhand cuffed, and instructed me to handcuff James as soon as possible”. (However, on board the plane, James was told, “No sir, you are not under arrest”. Interesting…)

Officer Wingate’s statement further propagates ‘spin’ and prejudicial presumption wherein he states, “James then…assumed what was *interpreted to be a fighting stance.”
James had not made any hostile gesture but was evidently treated with hostility apprehension and aggression on the part of the officers and flight crew from the onset of having boarded the aircraft.

A June 17th statement given by officer Alvin Cooper to FBI (Note that this was only 3 days before the trial and Cooper had not provided any statement up to this point some 5 months later! - Officer Milton failed to provide a statement or even appear at the trial although he was directly involved. Cooper’s statement was equally prejudicial and reads, “James was standing in a combative, defensive *puffed-up position” (?! This constitutes an Admissible Police statement?!) The unprofessional and overtly prejudicial nature of such a description is altogether too self evident for words.

Officer Hoerd’t statement to FBI paralleled his partner’s statement closely in false claim (it is quite apparent they convened closely on their prejudicial rhetoric.) In his statement to FBI he states, “James took what was interpreted as a fighting stance towards officers.”
Again, James had been given a request to stand in the isle and had simply capitulated with this request. Once again, spin and false perspective had been propagated through the exploitation of stigma under racial profiling.

The next statement he would make is even more poignant still of prejudicial treatment and follows herein: “Due to James large size brought on by his occupation as a …bodybuilder…a decision was made to place James in handcuffs (I remind you they had assured James before the attack that he was not even under arrest!!) …necessary for the safety of the other passengers and themselves in a confined area”.

Such was their vehemence and hostility towards James that their attack would leave Mr. James in a pool of his own blood. (Photo evidence of which, is attached in the accompanying pictures attachments.)

Illegal Intimidation-Style Interrogation by FBI agents marked evidence of Profiling:
Not only was James brought into an interrogation room to speak with 2 FBI agents whose facial expressions were ominous and foreboding by design, but this was done in conjunction with Mr. James calling card having been illegally sabotaged and made defunct such that the safety net of outside communication with family and power of attorney had been unjustly removed. Interrogation wherein the subject is made to feel isolated and cut-off from outside contact, and suitably vulnerable therein, is a common illegal tactic used in questioning where profiling is involved.

James size and ethnicity has been used to malign, falsely profile, and persecute throughout. All involved have maliciously capitalized on these concepts as illustrated throughout the next statements. Some statements as alluded to earlier on, are particularly exemplary of this.

Relating back to stewardess Sherrie Caudell’s comments “We are trained to kill before we are killed!” and “these guys are lunatics” on the open P/A, in conjunction with protesting “I don’t care who heard!!” at trial, James physical appearance was also stereotyped by the one passenger whom the prosecution called as witness.
Passenger Kosninsky, whom the prosecution called to stand, had been caught perjuring on almost every count and was completely discredited as such. Yet relating to the evidence of profiling I would draw attention to the fact that Kosninsky states in written statement “I believe the passenger in question was on…steroids!!!” This remarkable and preposterous reference is not only false, and highly prejudicial reflecting of a society that associates larger people with steroidal use, but also constitutes defamatory liable and slander. Mr. James is an upstanding individual, an honors student at the University of Manitoba in the Sciences/ Pre –Med and is openly opposed to the use of drugs. The statement was an insult that smacked of prejudice within the witness and should not have been admissible within the court documentation. Kosninsky’s comments are not a reflection upon Mr. James but only on the innate bias and bigotry within Mr. Kosninsky.

Evidence of Profiling and associated stigma within the Media:
Keeping James principles of academic achievement and non-drug use in mind I relate the following defamatory media article that was released shortly after the incident;
A Winnipeg Sun article reading “AIR RAGER TASERED” is overt in linking the elements of James’ physical stature and bodybuilding, with the notions of steroidal use, and associated ‘roid rage’ that can come from anabolic steroidal use. THIS ACT WAS A SHAMEFUL DISPLAY OF MEDIA IRRISPONSIBILITY AND CORPORATE TYRANNY AT THE EXPENSE OF THE INDIVIDUAL. Such deliberately pernicious and manipulative media exposure fraught with allusions to James size and ethnicity, have gone a long way in contributing to the suffering imposed on the James family over the last 8 months.

Breaches In Protocol Gave Overt Evidence of Profiling:
The fact that protocol was broken is further evidence that the James family was profiled: By standard protocol, in the event of a situation, according to legal attorney Robert Jones of Carlson and Jones, a mediator, by wrote protocol, is to be called on board to analyze a situation before police are involved in any way. Yet there was no mediator called. Instead, a report of a large angry minority was announced and 5 armed police were immediately called on board in lieu of standard protocol, and proceeded to accost and attack Mr. James with prejudice and hostility in mind as has been exemplified by their commentary and statements given above. The extent of racial profiling, hostility and violation of human rights therein has many parallels to other remarkable cases such as that of Rodney King, Arar, and More recently Mohamed Karat and Ahmed Farooq. All of the aforementioned minorities have been maligned and violated similarly under racial profiling persecution in the guise of “homeland security” and law enforcement.

Corruption and Profiling Within the Police Complaints Advocacy Departments:
When the James family submitted a formal complaint to Peace Officer Standards and Training (P.O.S.T.) in addressing the police delinquency misconduct and abuse of authority detailed herein, P.O.S.T. did not respond in any way whatsoever to the James family- No, instead, ***they conspired against the James family by forwarding the nuances of the complaint to the prosecuting attorney against the James’s in the trial and to the FBI. The FBI and prosecution had been working together in supporting the collusion and occlusion of truth in this case from the onset, with racial prejudice fueling their initiatives and mandate. The complaint had given evidentiary detail of how the police had lied and given false history of events and this information was summarily passed on to the prosecution and the offending police in order that they could lie more effectively and convincingly in court, prepared for questions that would otherwise expose their lies and deceptions to the truth- the truth being that Mr. James committed no crime and the officers involved are criminally culpable under the law for assault and battery and abuse of authority/ violation of humanitarian rights and civil liberties, actions carried out under the flag or racial profiling.

Hard copy evidence of this consorting came into being in discovery at the trial in a copy of an email forwarded to the FBI/ Prosecution by P.O.S.T. stating “Matt Please forward to the FBI” (A copy of this can also be found in the attachments)

Jury Pool Contamination with overly prominent representation amongst members and or affiliates of FBI, CIA, NSA, Military, Prosecuting Attorneys, NWAirlines Employees and other conspicuous agents gives strong example that profiling has now infiltrates the mechanisms of the courts themselves: Although law dictates the jury selection process must be entirely random, one cannot be naïve enough to think that such a jury was the product of random chance selection… Clearly the courts had a very different agenda not at all in keeping with law, due process or justice- Clearly a hidden mandate in keeping with the policy of racial profiling and related persecution had made itself evident. Mr. James had been profiled and the courts would manipulate and defile the elements of justice as it deemed necessary in order to ensure conviction. This much was very clear.

Illegal Government Monitoring of the James Family Strong Evidence of Racial Profiling:
There have been many instances of ‘spying’ and invasions of privacy and illegal monitoring as evidentiary support of the fact that the James family was and continues to be a target for profiling and related persecution from the US Government and the Courts.
Several examples of this follow:

Sabotage Of Legal Mail Evidence of Profiling:
Mr. James’ Legal mail from an Ontario legal clinic has now also been sabotaged and a letter sent to him by the legal clinic arrived opened, soiled, the contents missing entirely and sealed in a see through plastic envelope from Canada Post, stating that they apologize for the “incident”. Hard copy evidence of this is available and has been included in the attachments.
(Update!!: Just now Oct. 26 Mr. James' mail has been intercepted once again, his long distance bill from Rogers arriving ripped open having been scrutinized third party before he received it. An obvious ploy to track all of Mr James long distance calls.

Phone lines tapping and monitoring of the James Family:

Mr. James’ line and those of his family and associates are now most certainly being tapped, conversations monitored. A plethora of evidence is in support of this fact. Associates have complained that immediately upon having first discussed this ordeal with Mr. James over the phone, all of their voice mail messages were being deleted and they had to seek power of attorney in approaching the phone companies on the matter!!
Moreover, relating to the sabotaged legal mail aforementioned, it is poignant to note that the legal clinic and I had discussed the sending of such letter over the phone, whose contents contained information whereby we could communicate by means other than my line (which I suspected was tapped due to all of the clicking on the line). I was told that the letter contained an email address. The registered letter arrived in the mail only 2 days following this conversation – in the state in which I had described it: ripped into two, its contents missing and in a sealed plastic envelope from Canada Post, entitled “we apologize for this incident”.


Two days following the bail hearing, James noticed a car had been idling for some time outside his home, with no one going to or away from the car. Upon scrutiny of the vehicle it was discovered that none other than agent Mark Rensch was stationed outside of the home, his lights dimmed, in surveillance of the premises. More poignant still, is the fact that FBI agent resides in MN Minnesota and would have had to cross the national boarder and come up all the way into Canada (10 hours drive) in order to accomplish this feat. Upon visual contact between Mr. James and agent Rensch, the agent smiled coyly and drove off. It was clear that the purpose behind this endeavor had simply been to establish and verify the documented whereabouts of James residence for ease of future surveillance.

(***Oct.5/06 FBI have just been caught in the news doing illegal spy activity in Canada – I had heard about this only this morning and felt I should include this expose in with this paper as poignant and evidentiary material in support of this case.)

Further still family and associates of Mr. James have complained of threatening messages, computer viruses and spy ware pop ups, voice mail deletions off of their answering services and internet accounts being made defunct passwords disabled, and content removed from their own desktops!

It is clear that corrupted elements of the court have used FBI, CIA, NSA and other resources in the capacity of enforcing racial profiling and persecution in the capacity of illegal surveillance and the associated elements of intimidation inherent with these tactics.

The above evidentiary report illustrates the use of profiling tactics on a myriad of points and examples and gives deep insight to the surreptitious connivery and intimidation tactics inherent in their unlawful methods.

Refused advocacy on the basis of this same racial profiling and descrimination??
The James family has approached Foreign affairs but have been ignored.
Both Governor Tim Pawlenty, Minister of Public Safety Stockwell Day, as well as Canadian Minister of Justice Vic Toews have refused any assistance. Their overtly controversial policies on minorities and profiling issues have been made self evident throughout media, and have certainly impacted negatively on the assistance the James family ought to have received already to this point.

In keeping with this policy of dismissiveness, it is poignant to note that the James family received no better response from the ACLU or Canadian Human Rights.

Racial profiling and descrimination against minorities has a long and tainted history:
From the abuse of Malcolm X a symbol upstanding in both Islamic and Black history, Nelson Mandela under apartheid, the trials and tribulations of Martin Luther King and, to the more modern day recounts of the Rodney King Beating and the Profiling and discrimination against Arab born Ahmed Farooq, Mohamed Harkat, and Maher Arar, and the incessant racial profiling amongst the airlines industry.



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