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K Mart Mass Arrest Trial Update

No blue wall of silence here. Mark Aguirre is the former police captain on trial for official oppression in last year's debacle in Houston which 278 people were arrested for trespassing at a KMart. The charges were later dropped.

Assistant Police Chief Charles McClelland Jr. testified yesterday that the raid was supposed to target illegal street racers, and had he known that Aguirre planned to change it to targeting trespassers, he would have disavowed the plan.
bq. McClelland told the jury in state District Judge Carol G. Davies' court he signed off on a plan Aug. 1 that specifically dictated "those believed to be spectators should be directed toward the exit of the parking lot."

If Aguirre had notified McClelland of the change in the plan, McClelland said, he would have called off the operation. "I fully expected spectators to be released if they hadn't done anything or weren't wanted (on warrants)," McClelland said.

....Defense attorney Terry Yates argued that a supervisor at the scene can change a plan. McClelland said the plan could only be changed for an extreme situation or "to protect someone's life."

[thanks to Ed at Votelaw for the link]

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