Whose Port?

OAKLAND POLICE CHIEF RICHARD WORD'S STATEMENT
April 29, 2003

[This is the full length of the 1,100 word statement read by Oakland Police Chief Richard Word at the City Council hearing on April 29, 2003. I transcribed it from the video of the hearing, and in this transcript I've omitted all of the numerous responses from the audience.]

Good afternoon, chairperson, members of the committee. For the record, chief Richard Word. The Oakland police department supports and will vigorously defend the right to free speech and the right to express views in a lawful and peaceful manner. We've done this well for years. We did it well on the Saturday prior to April seventh when eight to ten thousand people marched from Mosswood Park to the city hall plaza. The same commanders and largely the same police personal present at the port were present during the march on April fifth. We were equally prepared. Our plan going into the direct action at the port of April seventh was to facilitate a peaceful protest. Our plan was also to enforce the law. To achieve this goal we met with many organizations during our planning for the event, we were not sure what we could expect from some, who participated in the action at the port of April seventh. We had reason to believe that some would engage in acts of civil disobedience. With this in mind we planned to allow the protesters block one gate at the American President Lines site along Middle Harbor road, we would then facilitate truck and vehicle access into another. Our plan was to take use of force decisions out of the hands of individual officers. Instead, field commanders those in our mobile field force concept were responsible for ordering use of less-lethal force if force was threatened or actually used against officers our plan was to avoid individual confrontations and to disperse the crowd. So we sought to keep and maintain a tactical distance between officers and protesters. We wanted to avoid the use physical force, the use of pepper spray and the use of long and short batons. If force was used, we planned to use it in a measured and deliberate manner after first issuing warnings including orders to disperse. Less than 20 closely supervised officers of the 165 assigned to this action were authorized and equipped to the [ ] force that was used. Our plan was also to facilitate this action if the protesters began to move, as many eventually did. Ultimately we facilitated the movement of a group, to the Oakland federal building. My command staff and I are very sensitive to the concerns expressed by those who participated in action of seven April. I am especially sensitive to the concerns of those who were injured. We do not take these matters lightly. We can always learn from these incidents and we will learn from the experiences of this one. The council should know that based on my preliminary review of this incident that there were numerous orders to disperse given. They were given via and unmarked police vehicle public address system. there was a backup of traffic, of trucks and other vehicles. This began soon after the protesters arrived. And some arrived as early as 5 a.m. The protesters had an escape route. We told them which way to leave the area. Officers had numerous one on one conversations with protesters and other spectators. People had an ample opportunity to leave and the majority did. Our goal in this instance was to find the correct balance between the rights of those protesting and the rights of those trying to get to work and those trying to conduct lawful business. This is not a perfect science. But there were a lot of nice people who participated in the protest. There were some who were aggressive. I read some of the police reports. Some officers reported seeing nothing thrown. Some reported seeing objects thrown that fell in front of them. Others reported being kicked and hit by projectiles.

If I could, I'd like to read a few excerpts of a few reports These are written by officers of different ranks, lieutenant, sergeant, and those of the rank of police officer. Just a few excerpts if I could.

"Protesters continue to confront officers after verbal warnings and eventual pushes. Individual members of the group grabbed officers [ ] and kicked the police officers assigned to move them back. One woman, a female white about 35, about 5' 5" a hundred and thirty pounds told me that she was not going to move and that we were wrong in ordering her to do so. When I advanced on her she hit me across the body and the arms with a sign that was attached to a one foot by a two foot board."

Just, just a few more:

"I rode my motorcycle and stopped about 30 paces from the closest group of demonstrators as I was coming to a stop, a black metallic object came flying towards me at about knee high. The object was a kryptonite bicycle lock and it landed just in front of my motorcycle's front tire."

Here's another:

"Orders were given for the front line to move forward to the crowd but to stop short. We did so but the crowd did not move. I saw a large rock about 4" by 2" land between another [ ] and mine. it was the kind of rock used for ballast on railroad tracks. I also saw an iron railroad spike next to me which had not been there seconds earlier. Of the items being thrown by some of the crowd, I could see rocks, bottles, chunks of concrete, and metal objects similar to bolts or rivets. I was nearly struck on numerous occasions however I was not injured by any of these objects."

And if I could just read one more:

"While on my motorcycle I was hit twice by small rocks, once on my right shoulder and once on my helmet. I did not suffer any injury."

We were concerned that if we did not gain control of the situation that it could have grown out of control and more injuries would have occurred. With that said, I have directed my staff to convene what we term a major incident board of review. This is separate and apart from any investigation that the council might commission. In my capacity as police chief I believe we have an obligation to review the events at the port during the morning of seven April. We will closely scrutinize our planning, our policies, our training, and our use of force. Ultimately we will consider our entire response. This board's recommendations may also lead to changes in our policies, training in our use of less-lethal weapons. But it is certainly premature at this point to say what those recommendations may be. Thank you.