Fugitives

* San Jose Police Officers Accused of Excessive Force Are Innocent Unless Proven Guilty

Video is available for viewing at the bottom of the page.

My Opinion

The year is 2009 and the Mercury News is leading the lynch mob to hang police officers for alleged crimes without knowing all the facts.  No doubt 100 years ago the Mercury News would have been leading the lynch mob to hang the nearest negro without knowing all the facts solely because a white person says they were attacked by a negro. These are the tactics the Mercury News is again using to inflame a lynch mob atmosphere and convict San Jose police officers for alleged excessive force.  The latest accusations are based on a grainy cell phone video taken of officers trying to subdue a resisting suspect.  The video I watched on the Mercury News web site is grainy at best and shows one officer with his back to the camera, a barely visible suspect on the floor and a barely visible officer striking at the suspect with his baton.  Oh yes the audio that so offended the Mercury  News reporter of the suspect screaming and the officers yelling at the suspect to turn over. Well I guess being level headed and objective doesn’t sell newspapers as well as being biased and shocking does. As a reasonable objective person I have some boring, objective and not so shocking questions.

1. Where is the rest of the video?  I think that’s why Siskel and Ebert don’t critique a movie after just watching the last minute or two.  They watch the whole movie before they open their mouths.  The Mercury News states they reviewed the video showing  Mr. Ho making a threatening comment about killing his roommate Mr. Suftin with a knife. Where’s ALL the video of ALL the actions of Mr. Ho and the police officers? Oh yea showing the whole video of Mr. Ho struggling and kicking at the officers doesn’t make the police officers look as blood thirsty. By Mr. Ho’s own account he wasn’t complying with the officers.  He states he wasn’t fighting the officers, he was just looking for his glasses.  I don’t know about you Mr. Mercury News but if I was being hit by police officers mistaking me looking for my glasses as resistance, I would definitely stop looking for my glasses and obey the officers.

2. The Mercury News says it appears that Mr. Ho was struck after he was handcuffed.  It must be a different video they are keeping from us because I didn’t see it. I saw several baton strikes but I could not see any handcuffs.  Oh yes I didn’t see any mention in the newspaper article of Mr. Ho alleging that he was struck after being handcuffed. I think that would be an important point that Mr. Ho would want to make. Also any rookie reporter would have asked Mr. Ho, “Hey Mr. Ho did you get hit after you were handcuffed?”

3. According to the Mercury News, Mr. Masouris, who video taped the incident states he originally told the police at the scene that their actions were reasonable and justified.  He later sells the video or portion of the video to Mr. Ho’s attorney, Mr. Nguyen and recants his statement.  Now after he sells the video he states that he made a false statement to the police because he feared the officers at the scene.  He really felt the police officers response was unnecessary and excessive.  If this is true why did he not report it later? Instead he makes a quick buck by selling it to Mr. Nguyen.

4. Lets talk about the 4 out of 6 “experts” that the Mercury News found to make a judgement without all the facts. Where did they find their “expert” school? From the back of a matchbook cover or cereal box?  The only 2 experts that make any sense are the two that said you can not snap to judgment based only on that grainy video.  You need all the facts to make a fair objective judgment.

Steve Ferdin, Co-Founder, Fugitive Watch

Leave a Comment

16 Comments

  • Is it true the video was sold to a lawyer? Is it true Ho stated he was not struck after he was cuffed? Is it true every strike was documented in the report? I think the police in Vietnam are the ones who are corrupt. Is this a shameless play to get money?

  • How could a small Vietnamese resisting arrest against 4 large American police officer. He was not on drug nor drunk. It is non sense. These officers are sadistically brutes and ought to be fired from law enforcement. How could you resisting arrest and crying and begging for them to stop? Most Police officers are good people, some are very bad. These are the ones. You can’t build a good organization with these cowards.

  • This is blown out now this ho boy is acting like the good guy and people forget he is the bad guy. gggeeeshhh

  • I KNOW HO HE IS NOT NICE GUY PEOPLE THINK HE IS. HE THINK RULES DONT APPLY TO HIM. I AM EMBARRASSED FOR MY RACE PLEASE DONT JUDGE US ALL BECAUSE OF HIM. THIS COUNTRY HAS BEEN GOOD TO ME.

  • I am a San Jose Citizen who has seen the police doing their job daily. I for one support them and hope they continue to do the good job they have always done. i agree with some of the above comments that video is a small part of the story. I want my police officers to win every fight and i think they should always take it a level higher there is no rule that says the fight has to be equal. Thank you San Jose Police

  • I agree with Dark knight he should have done what he was told. The officers are not there to argue and if you argue and don’t do as your told and your kicking. Chances are the officers are going to take action I agree the video looks bad but I have talked to many officers about this and they all say the same thing they keep hitting until they feel the person is no longer a threat and they are going to comply. I think that is reasonable we ask our officers to deal with a lot and they have the right to feel safe as well.

  • I watched the video and did not see any inappropriate actions by the officers. The bottom line is this, when a police officer gives you a lawful order (ie. tells you what to do), YOU DO IT or you face the lawful consequences. If you have a problem with an officer’s conduct there are various ways to address it. 1. notify the officer’s supervisor 2. make an internal affairs complaint 3. contest your arrest in a court of law. DO NOT argue with the police in the field. Officers aren’t trained to argue with people (that’s what lawyers are for). They are trained to enforce the law. Another point to remember, video of officers involved in a violent confrontation is never a pretty sight. It is always ugly. Officers are expected and paid by the public to win those confrontations, not lose or worse get hurt or killed.

  • Funny, Mr Ho spoke better English than his lawyer on KTVU last night yet he stated he had to reach for his glasses so he could understand what was being said. Also, how many officers have to adjust their cuffs before putting them on a suspect. Adjusting them makes the same sound as putting them on.

  • That was my point lets judge with all the evidence my point was that some of the media and people out there have judged on the grainy 1 min video. They need to give up the whole video but the Mercury news will never do that.

  • Hey Tom, I don’t think that the officers should be cleared of any wrong doing because if you weren’t paying attention to the article, we cannot judge based on a grainy video. “Based on all the facts as the media sees it these officers should be cleared of any wrong doing.” Was it not just stated that the media blows everything out of proportion. What are the facts Tom? Were you there at the scene? Have you been in a fight Tom? How about being arrested by police who are beating you with a baton while screaming at you? Don’t you think their uncontrolled emotions make the situation a little bit more difficult in terms of clarity? And actually, officers are not obligated to take a few to the “nuts,” but they are here to serve and protect. They are not here for their own individual interests, but for the good of society, in which they have to risk their lives and “nuts” until the “suspect” is convicted of being guilty or innocent. I think you show as much bias as those who only watch the video and have no insight on the situation. You are no better so please don’t add to the confusion with one arrogant opinionated statement after the other like “I clearly see that this guy is disturbed and lacks mental stability.”
    Like you said, we pay them to do their job. We also pay judges and district attorneys so lets let them do theirs. “Cop haters” or not, justice is justice. Let it be determined in a courtroom before you make such emotionally charged opinions about stuff you don’t have any first hand experience or expertise on. Thanks Tom.

  • Fredrick,
    Just because a person asked you to stop is not an indication or proof that’s he is done fighting. Obviously you have never been in a fight. If he did what he was told they would stop the police are not suppose to stand there and allow some 1/2 baked nut kick at them, sometimes their job is ugly that’s what we pay them for. If this guy is the mild manner poor little school student he is trying to put out there. Why did the roommates fear for their life enough to have to call the police. Again I ask lets see the whole video not just the cop haters version. I have seen enough fights to know that a person even though they are on the ground can fight and do damage to the person standing. The officers are not obligated to take a few to the nuts before they strike.

  • I’ve seen the video over and over. From what i can see the police did not have an easy time handcuffing the suspect. The suspect was sitting up and shouting back at the officers. If that were me on the ground i would have gotten on my belly right away as told. Because i know that their patience with scum bags and lunatics of the earth is very short. I do believe however that the officers could have subdued him without the use of a taser or beating.

  • The bottom line is when a person is begging for you to stop they are obliviously submitting. The officers kept hitting him and it was clear that they were in NO danger. And Tom, you can “CLEARLY” see that this person is disturbed, well he’s being repeatedly beaten with a steel baton, that would disturb me, maybe your a bad ass huh… And the report of a knife was NOT witnessed by either officer, it was hearsay till a witness swears under oath to the court. Nope, the cops were out of control as they usually are in San Jose.

  • I absolutely agree with Greg I also have watched this unfold in the media and it sure sounds like a lynch mob. Its my understanding according to the media the officers did not hide the fact that they hit him they documented it clearly in a report. All we are seeing is the end of a movie where the bad guy lost the fight. We expect our officers to win the fight and hope they do. When they win this is how they are treated ?. Mr. Ho even told his roommates that in Vietnam he would have killed him if that where he was. I clearly see that this guy is disturbed and lacks mental stability. If they go after these officers based on this crap media hype that this pot chasing lawyer caused, I fear our officers in our community will hesitate in there job and if they are not killed someone else will be. STOP the madness

  • I think this article is right on the money. I saw in the media he admitted that he did not let the police handcuff him because he was throwing his arms around looking for his glasses. Ya right!! Also lets not forget this guy just made threats with a 18 inch knife to kill his roommate I am sure he was oh so cooperative with police. I also question where is the rest of the movie I would not watch the last 1 min. of a movie and then pretend to know the whole story.Based on all the facts as the media sees it these officers should be cleared of any wrong doing.

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