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HARROW DECLARATION in 21-Cv-4455

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HARROW DECLARATION in 21-Cv-4455 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 1 of 35 Page ID #:68 1 Jason Harrow (Cal. Bar No. 308560) 2 GERSTEIN HARROW LLP 3 3243B S. La Cienega Blvd. Los Angeles, CA 90016 4 [email protected] (323) 744-5293 5 Charles Gerstein 6 (pro hac vice application filed) 7 GERSTEIN HARROW LLP 611 Pennsylvania Ave SE, No. 317 8 Washington, DC 20003 [email protected] 9 (202) 670-4809 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 CHAD LODER, Case No. 21-cv-4455-JAK(SPx) 13 Plaintiffs, DECLARATION OF JASON 14 HARROW IN SUPPORT OF vs. 15 MOTION FOR PRELIMINARY INJUNCTION RICK STABILE, Captain III, 16 Hollenbeck Division, Los Angeles Police Date: June 2, 2021 Department, in his official and 17 Prelim Hearing Date: Oct. 4, 2021 individual capacities, 18 TOGETHER WITH: Defendant. 19 (1) Notice of Motion (2) Memorandum of Points and 20 Authorities (3) Declaration of Chad Loder 21 (4) [Proposed] Order 22 23 24 25 26 27 28 1 HARROW DECLARATION IN 21-cv-4455 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 2 of 35 Page ID #:69 1 DECLARATION OF JASON HARROW 2 1. I, Jason Harrow, declare as follows. 3 2. I am thirty-seven years old and reside in Los Angeles County, 4 California. I represent the Plaintiff in this matter. 5 3. On May 27, 2021, I went to twitter.com/ChadLoder to view Chad 6 Loder’s profile. I saw that the @ChadLoder account has “87.9k” followers, which I 7 understood to mean approximately 87,900 followers. I took a screenshot of the 8 background, bio, and other information. A true and correct copy of that screenshot 9 is attached as Exhibit Harrow-A. 10 4. On May 27, 2021, I reviewed the listing of tweets from the 11 @LAPDRickStabile account generated from the website allmytweets.com. I 12 learned from talking with my colleague Charlie Gerstein that he generated this 13 listing by inputting the address @LAPDRickStabile into the website 14 allmytweets.net, which produced an output of the text of the last 702 tweets from 15 that account. A true and correct copy of that listing is attached as Exhibit Harrow- 16 B. That same document is attached to the Complaint as Exhibit A. 17 5. On May 27, 2021, I navigated to the @LAPDRickStabile profile page 18 on twitter at twitter.com/LAPDRickStabile. I took a screenshot of the first two 19 tweets appearing. A true and correct copy of that screenshot is attached as Exhibit 20 Harrow-C. 21 6. On May 27, 2021, I navigated to 22 https://twitter.com/chadloder/status/1397222566637580306?s=20, which I knew 23 to be a tweet thread by @ChadLoder that responded to a May 24, 2021 tweet by 24 @LAPDRickStabile. I took a screenshot of the two tweets appearing. A true and 25 correct copy of that screenshot is attached as Exhibit Harrow-D. 26 27 28 2 HARROW DECLARATION IN 21-cv-4455 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 3 of 35 Page ID #:70 1 7. On May 27, 2021, I examined the background photo in the 2 background of the @LAPDRickStabile account and compared it to photos I 3 searched for of the Hollenbeck Division LAPD station. Based on that knowledge, 4 I believe the background photo to be of the Hollenbeck Division LAPD station. 5 8. On May 26, 2021, I navigated to the @LAPDRickStabile profile page 6 on twitter at twitter.com/LAPDRickStabile. I took a screenshot of the profile, 7 including the username, photo, background photo, and bio information. A true and 8 correct copy of that screenshot is attached as Exhibit Harrow-E. 9 9. On May 27, 2021, I examined several comment threads generated by 10 tweets from the @LAPDRickStabile account, and I found that the account permits 11 discussion of a wide variety of issues. I saw that a May 24, 2021 tweet had 63 12 replies; a May 10, 2021 tweet had 17 replies; and an April 27, 2021 tweet had 34 13 replies. Several of the replies were on topics similar to that of Loder’s May 24 14 replies but expressed a different viewpoint. 15 10. For instance, among the replies to @LAPDRickStabile’s May 10, 2021 16 tweet are: “Where the coverage is needed, its never there. Such a shame. 17 #backtheblue #propolice #lapd #wehaveyourbackcaptain Thank God the officers 18 were not harmed!! �” and “That's shameful that the lives of law enforcement are 19 devalued!!!!! And the life of a harden or low line criminal are more valued than 20 this that protect lives!!!! How much has our society has changed. �” On May 27, 21 2021, I took a screenshot of a portion of the thread. A true and correct copy of that 22 screenshot is attached as Exhibit Harrow-F. 23 11. Among the replies to @LAPDRickStabile’s April 27, 2021 tweet are: 24 “This concerns me…releasing violent criminals back onto the streets, defunding 25 the police and trying to take law abiding citizens 2A rights away from them…and 26 I have heard that they are closing two CA prisons because there are not enough 27 criminals to fill them” and “This is a horrible miscarriage of justice and a slap in 28 3 HARROW DECLARATION IN 21-cv-4455 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 4 of 35 Page ID #:71 1 the face to all the Officer’s [sic] who risk so much to uphold the law. 512 criminals 2 back in our communities to re-victimize residents. Shameful! #recallgascon.” On 3 May 27, 2021, I took a screenshot of a portion of the thread. A true and correct 4 copy of the screenshot is attached as Exhibit Harrow-G. 5 6 I declare under penalty of perjury under the laws of the United States that the 7 foregoing is true and correct, and that this declaration was executed on June 2, 8 2021. 9 10 /s/ Jason Harrow 11 Los Angeles, California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 HARROW DECLARATION IN 21-cv-4455 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 5 of 35 Page ID #:72 Exhibit Harrow-A Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 6 of 35 Page ID #:73 Case 2:21-cv-04455-JAK-SP Document 10-2 Filed 06/02/21 Page 7 of 35 Page ID #:74 Exhibit Harrow-B 5/26/2021 Case 2:21-cv-04455-JAK-SP DocumentAll My T10-2weets - V iewFiled all your 06/02/21 tweets on one page.Page 8 of 35 Page ID #:75 @lapdrickstabile loaded 702 tweets Rick Stabile | 2102 followers | Los Angeles, CA | Change User Select the info you would like to view for this user: Tweets Likes Following Followers @BaccaratRicky @angelsaunt1000 @sopwith0913 @JoshMankiewicz The Los Angeles Police Department does track crime data on the number of homeless suspects and the number of homeless victims. May 25, 2021 Unfortunately we continue to see dramatic increases in violent crime. Murder: 131 people (21.3 % increase). 39% are gang related. Victims shot: 548 people (67.1 % increase). We are averaging 9 shots fired incidents a day. Appox. 12 people are shot every 3 days. May 24, 2021 RT @AndrewSaidLA: Register for our Hollenbeck Gun Violence Awareness Summit: https://t.co/GC5iUr7Zco https://t.co/DIvdx80VC0 May 24, 2021 RT @LabradaAl: We refuse to allow these statistics to be or feel normal. These daunting numbers can only mean that we must do and be bette… May 19, 2021 @PicazoKatherine Hello, I saw your coverage, thank you. The Dept. did a press release this am. May 10, 2021 The Los Angeles Police Department’s, Topanga Station was fire bombed last night with a Molotov cocktail. The suspect was arrested. Not much news coverage on this attack against law enforcement. https://t.co/oWWYctjuHh May 10, 2021 As we continue to build trust,career criminals cont. to victimize innocent people. In the last 4 days. 5 people have been killed,and 21 shot. Of the 26 victims, 25 were people of color. Many are suffering in silence. Leaders need to have the courage to speak the truth. May 04, 2021 https://t.co/L8LcMz7yMb May 01, 2021 Mayhem-4 Arson-26 Domestic Violence-16 Stocking-14 Burglary-28 Stocking-14 Hollenbeck Division is 1 of 21 patrol divisions within LAPD. Please stay informed! Apr 28, 2021 Since Jan 01, 2021, The Calf. Dept. of Corrections has sent Hollenbeck Division 512 inmate “Notice of Release” documents. All are violent offenders. Murders-46 Attempted Murders-35 Manslaughter-39 Assault with a deadly weapon-54 Sex crimes-57 Robbery-184 Kidnaping-09 ⬇ https://t.co/5iRDtKVbBC Apr 28, 2021 Criminals did a drive-by shooting on our National Guard Troops in Minneapolis. P Apr 18, 2021 4/11/17 arrested for sales of narcotics. 5/2/17 arrested for carrying a concealed firearm. 5/21/16 arrested for carrying a concealed firearm. Since Jan 01, 2021, 103 people have been murdered and 411 people have been shot. Please stay informed ! Apr 14, 2021 On 3/28/21 arrested for criminal threats, while holding a knife, he threatened to kill someone.
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