Updated below: Chief Schirling retracts statement, apologizes for mistake.
Does this photograph show a protester from Sunday’s clash with Burlington police grabbing a cop’s baton?
Burlington Police Chief Michael Schirling said on Vermont Public Radio’s “Vermont Edition” today that the photo — snapped by Dylan Kelley and posted online at Seven Days — “clearly” shows the demonstrator in the black bandana grabbing the baton of police Lt. Art Cyr.
“What I see in the photograph, they have a hold of it,” Schirling told VPR host Steve Zind. “They are clearly resisting and you can clearly see in the left of the photo, a man in a black bandana grabbed hold of Lt. Cyr’s baton, and that is what precipated the first event.”
Activists and cops have traded accusations about who’s to blame for the incident in which police fired “stingball pellets” into a crowd of demonstrators blocking a bus of dignitaries from leaving a conference of New England governors and eastern Canadian premiers. The tension gave way to a moment of cooperation yesterday when demonstrators and their lawyer called for a dialogue with police about the events that led to the clash.
After hearing Schirling’s remarks on VPR, the photographer who took the picture said he was “livid,” calling Schirling’s claim “an absolute lie.”
“If you look at the picture, it clearly illustrates that that person’s hand is not wrapped around the baton,” said Dylan Kelley, who has photographed occupy protests around the country. “It is wrapped around a flag or banner or something else. If you zoom in on that lower left hand corner of the frame, and you look at that person’s hand, it is not wrapped around the baton.”
Kelley, who said he was at most four feet away from Cyr, sent Seven Days higher-resolution version of the photograph, which we zoomed in on and cropped to publish here. From the photograph, it’s difficult to say what the bandana-clad protester is clutching, and Schirling was not immediately available Thursday afternoon to respond to Kelley’s comments.
Update – 4 p.m.
Upon viewing the close-up of the photograph, Chief Schirling has retracted his earlier statement made on Vermont Public Radio. In a statement emailed to Seven Days and VPR Thursday afternoon, Schirling said:
“On the show earlier today I described a photograph from the 7 Days website that was given to us this morning as showing a man grabbing an officer’s baton. A few moments ago 7 Days emailed us a much higher resolution enhanced version of the photograph. Upon examination of this new photograph we realize it is not the baton. We will work during our investigation and ‘after action’ review to try to determine what it is. Our assessment of this portion of the event was based solely on the photograph available earlier in the day. I want to be sure we set the record straight as quickly as possible as new information comes to light. I apologize for the error. We continue to ask that anyone with information about this incident, video, photographic, or otherwise, contact us so we may be as thorough as possible.”
This article appears in Aug 1-7, 2012.
Got something to say?
Send a letter to the editor and we'll publish your feedback in print!
Looking at the vids it seems like an unfortunate escalation. The image of “riot gear” and the weapons is also unfortunate, but all in the name of avoiding injury from a potential mob while doing what we expect police to do. Regardless of who was on the bus – or lined up behind them just wanting to head to work…or school…or church…or the Shelburne Museum – They had a right to not be held against their will. Which seemed to be the objective of the protestors?
The fine line between civil disobedience and putting your own rights in front of others. I am glad nobody got hurt.
Why do people trust someone like Michael Shirlling anyway?
Global Justice Ecology Project ran this following article
http://climate-connections.org…
on our blog Climate Connections (to find this photo and commentary below you have to scroll to the end of the url listed above):
Burlington Police Chief Michael Schirling in the shut down Occupy Burlington encampment. Photo: Langelle/GJEPAdditional GJEP Note: The Occupy Burlington (VT-US) encampment was shut down last month by the Burlington Police Department. The excuse they used was the November 10th suicide at the camp of a homeless young man named Josh Pfenning who once served in the military.Later that same day, the police and mayor invited Occupy Burlington participants into City Hall to discuss next steps. While the protesters were in the meeting, police cordoned off the entire camp as a crime scene and would not let participants return to their tents.A statement from Burlington city officials and Police Chief Michael Schirling to Occupy Burlington explains, “In the wake of the tragic death of Josh Pfenning, Burlington Police have an active criminal investigation that involves serious and complicated work to ensure that all aspects of this investigation are conducted thoroughly and professionally. Among the issues this raises is the need to maintain control of the “crime” scene while investigation continues. Until we are fully confident that all possible investigative avenues have been expended we must maintain control of that area of the park and it remains closed until further notice.”This photograph shows Burlington Police Chief Michael Schirling’s idea of “serious and complicated work” at the crime scene on Saturday, November 12th, two days after the suicide. His “thorough and professional” effort involved dismantling parts of the camp prior to the official investigation. A Burlington police officer explained that the detective charged with investigating the crime scene had Saturday day off and would not complete his investigation and release the “crime scene” until Sunday the 13th.The Burlington Free-Press reported that: “Police Chief Michael Schirling… said the shooting [Pfenning killed himself with a gunshot to the head] … had convinced him that the public’s safety cannot be assured unless the encampment is disbanded.”Did the shooting convince him or did Homeland Security? Photo: Langelle/GJEP
Exactly. A bunch of spoiled brats that want to act out but squeal like stuck pigs when they’re challenged.
I think breaking the law deserves something, yes.
Unfortunately, Juliet, you are wrong. If you look a bit more closely, the hand on the throat is part of the interlocking chain of protesters. Unfortunately, it appears you haven’t spent enough time watching the videos of what happened. The police did not react in an inappropriate manner, and anyone with a basic understanding of law, and eyes, can see that.
To be honest it looks like his trying to stand up right grabbing what he can to stay standing but I would to take a logical guess what he is got in his hands is the radio. I only see self defense on both parts.
So VPR ran an EDITED picture, which the police gave them, obviously with the intention of misleading the public, and VPR never checked to see if the photo was altered, never checked with Dylan, the source of the photo? This is at best case an example of SHAMEFUL lack of journalistic ethics. But it looks like this is more likely evidence that VRP is being controlled and edited by the military/police. If these protesters broke a law, they should have been arrested. Beating and shooting people who are exercising their right to freedom of assembly, that is called ASSAULT. Where are the criminal assault charges?
Looks like an umbrella to me.
It’s a flag.
I wasn’t there, but I watched the videos and it appears that this particular officer was really enjoying confrontation with the protesters prior to the escalation, telling them that he knows who they are and taking pictures with his cell phone. I really couldn’t see anything in the videos that showed physical aggression on the part of the protesters. If they were in violation of the law, then arrest is in order, not assault.