ABC Reporter Arrested in Denver Taking Pictures of Senators, Big Donors

[Paper Trail]

Asa Eslocker Was Investigating the Role of Lobbyists and Top Donors at the Convention

By BRIAN ROSS
Aug. 27, 2008—


DENVER--Police in Denver arrested an ABC News producer today as he and a camera crew were attempting to take pictures on a public sidewalk of Democratic Senators and VIP donors leaving a private meeting at the Brown Palace Hotel.

Police on the scene refused to tell ABC lawyers the charges against the producer, Asa Eslocker, who works with the ABC News investigative unit.

A police official later told lawyers for ABC News that Eslocker is being charged with trespass, interference, and failure to follow a lawful order. He also said the arrest followed a signed complaint from the Brown Palace Hotel.

Eslocker was put in handcuffs and loaded in the back of a police van which headed for a nearby police station.

Video taken at the scene shows a man, wearing the uniform of a Boulder County sheriff, ordering Eslocker off the sidewalk in front of the hotel, to the side of the entrance.

The sheriff's officer is seen telling Eslocker the sidewalk is owned by the hotel. Later he is seen pushing Eslocker off the sidewalk into oncoming traffic, forcing him to the other side of the street.

About 15 minutes later, on-duty Denver police arrived and placed Eslocker under arrest after Eslocker asked why he was being ordered away from the front of the hotel. Dozens of pedestrians can be seen walking by the hotel, located in the heart of downtown Denver.

Eslocker and his ABC News colleagues are spending the week investigating the role of corporate lobbyists and wealthy donors at the convention for a series of Money Trail reports on ABC World News with Charles Gibson.

[Clever Login Name]

Thanks, Zero.

[Kace]

But what DOES Zero think?

[Sultanosurf]

No video on ABC's site or YouTube. The hotel owns the sidewalk? That's a new one. And they arrest him two hours later??

[commercial hack]

The Dems are for free speech...as long as it's their speech.
This will backfire on the Dems.

[Kace]

Hey buddyboy, get it right. That's DESPERATE DEMS!

[Diplomat]

This guy is harassed by the police and he's a hero. Another reporter is harassed by protesters and he is a bad guy.

Got it.

[Sultanosurf]

Which one makes The List?

[Kace]

And what was his odor?

[Tripe Face]

Originally Posted by commercial hack

The Dems are for free speech...as long as it's their speech.
This will backfire on the Dems.

You are assuming that Democratic politicians or fundraisers had ANYTHING to do with this. For all we know, the Hotel and the Cops overstepped their authority and the Dem leaders inside knew nothing about what was happening.

Originally Posted by commercial hack

The Dems are for free speech...as long as it's their speech.
This will backfire on the Dems.

Maybe not. He already had a signed complaint from a hotel to deal with. He had choices to make. He could stay, presumably on their property, or he could leave. He could likely have gone to another location for these shoots. If it were me as a producer with a camera, I would have used a *stealth* type of shoot. Obviously hidden cameras. No problems with police or the hotel (presumably, anyway) and it looks like a really juicy investigation!

How edgy can you be?

[Kace]

And because this happened...

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...almost there...
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...vote McCain.

Are you sure it didn't happen because a hotel was afraid of upsetting it's paying guests? If I were a hotel owner, and someone was photographing MY guests without their knowledge and explicit consent, I'd call the cops.

[theultimatetruth]

Can pretty much say with about 90% certainty that a sidewalk in front of a hotel in DOWNTOWN Denver is NOT "privately owned." But I guess I could be wrong....maybe.

[Diggin' Bear]

Well, a lot of people said they wanted to relive 1968. All we need now is a Mayor named Dailey, some riot police, some Black Panthers, and all is well!

[s'news]

Originally Posted by theultimatetruth

Can pretty much say with about 90% certainty that a sidewalk in front of a hotel in DOWNTOWN Denver is NOT "privately owned." But I guess I could be wrong....maybe.

That's a key question here.

Originally Posted by Diplomat

This guy is harassed by the police and he's a hero. Another reporter is harassed by protesters and he is a bad guy.

Got it.

I don't know what clip you watched, but the one I saw from Fox News Channel clearly showed that 'reporter' and his photographer walk straight into the marching protesters.

You jump into the lion's den, expect to 'git bit.'

As for this ABC producer, we'll see who is right and who is wrong. If he's working with Brian Ross, there is a small chance he was doing something shady. Ross has pulled some fast ones in the past.

[ewink]

Originally Posted by s'news

That's a key question here.

Even if it is, it's a moot point.

[spam]http://otakuphotog.erinwinking.com/2...gaming-vs.html[/spam]

Short version...

The 9th Circuit Court of Appeals ruled in a case regarding one of the LV Strip casinos that even though the sidewalk is private property, it constitutes a public forum. As well, in a different case, the 9th ruled the downtown Freemont Street Experience also constituted a public forum, even though it was private property because of public access and the fact that it connected public sidewalks.

While of course these cases were about Las Vegas, they set precident for cases like this.

I assume that the hotel claims these sidewalks as private property because they destroyed the city owned sidewalk and replaced it with one to better match their decor. This was also talked about and ruled moot, since you cannot restrict someones access to walk from one public sidewalk to another.

My bet is that all three charges will be dropped. Hopefully ABC will choose to litigate wrongful arrest against the sheriffs office, since none of the officers will be dicipined. Monetary damages is the only way law enforcement can be punished for bad behavior.

[Jax]

This issue has already been adjudicated... Maybe Denver Police should bone up on sidewalk case law...

Court finds Venetian violated law by trying to block rally

[ewink]

Originally Posted by Jax

This issue has already been adjudicated... Maybe Denver Police should bone up on sidewalk case law...

Court finds Venetian violated law by trying to block rally

I just said that.

[theultimatetruth]

Watched the video...that producer is going to get some $$$, as long as he gets a competent lawyer.

What about the pig who puts his hand to the guy's throat as they go to arrest him!?....for a sidewalk trespassing charge on a guy who was in no way resisting! You RARELY see that kind of abuse, even on "Cops", where they regularly beat the crap out of perps! Also, it's really perplexing as to why they didn't take out the photog, and continued to let him roll on the situation, and I guess, continued to let him stay there and roll video? Some lawyer's gonna get some jack from Denver.

[Jax]

Originally Posted by ewink

I just said that.

Well... I didn't read it because I have you on ignore... Or something.

Just watched the video of the arrest. Here are my observations based solely on the tape offered:

1. Producer is on some sort of steps. Don't know for sure, but that can be deemed private property in a different way than the sidewalk.
2. Officer asks him to move, and he says, "Hold on a second." mistake by producer.
3. Officer moves him into the street. mistake by officer.
4. Producer does resist some during the cuffing. mistake by producer.

This could be a wash.

[Ralphie the buffalo]

Just think...
According to the standards of speedracer/sirspeedy/zero/papertrail
if the officers had taken the tapes from the camera
and erased them
that would be just fine because no value would be lost.
The tapes would still be usable.
No crime committed!!!
Right speedy?

[Sultanosurf]

Both videos send a chill. As usual, it's hard to tell what led up to the portion we see on tape, but how many times do we have to see a beefy cop with an attitude shoving a colleague around?

"You're under arrest, Buster."