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HomeMy WebLinkAbout07-28-1998 Articles0- Poo i1A mlot,ldw o on July 20, PIM 1998 A" Cily press Cihzen Police board forum a good starting point A forum on Iowa City police drew piles of people — many with complaints — and lasted longer than planned. Is this a surprise? Hardly. But it was good for the community and, if we're smart, was just die first of such forums. The forum was sponsored by the Police Citizens Review Board as part of an effort to review police poli- cies and procedures. Board members got an earful, from charges of racism and harassment to aggression and arrogance. There also were police and their defenders. Over and over and over, there were two themes: com- munication and respect. City residents and police both want them. There's a sense they aren't happening, That's exactly why this must be only the first of such forums. Communication and understanding bring respecL And it's a two-way street. A fust forum like this was bound to bring out com- plaints. People want to vent their distress and anger. That's been done. We can learn from it. And we can move on. Now we can schedule forums — or other events — for police to explain how they do things. For residents to talk about how police practices could be changed to show more respect. We all want the same thing: A safe city. But there are going to be differences of opinion and perspective about how we achieve that. We at least are talking. Now we can work on solving die problems. Iowa City Press -Citizen, Wednesday, July 15, 1998, Page I Poli A"Af% Mc forum 0 stirs debate By BrIan Sharp The Press -Citizen After two hours of criticism mixed with praise, David Nixon rose from his seat, feeling com- pelled to speak. The Iowa City Police officer had heard compliments. But during the Police Citizens Review Board forum Tuesday , night, Nixon Nowa CRY also listened to charges of racism, harassment, aggression and arrogance. Those allega- tions came from the people he had swom to protect and serve the past four years. The board's Just forum was called to give focus to a City Council -requested PCRB review of police policies and procedures. Ile five -member board also has the ongoing responsibility of reviewing citi- zen complaints against the department. "We're in a job that is thank- less, We go to calls that deal with tragedy, yet we have to display no emotion. We have to take charge," said Nixon, his voice cracking and his words halted by emotion. "Do we do the job perfect every day? No, we don't," Nixon said. "Mere are days when we probably shouldn't ive put the uniform on. We 'd have stayed home ... But v are asked to be super human, and sometimes we fall short. And I apologize, because we're not supposed to fall short:, PCRB Chairman Paul Hoffey said the board will cri- Officer Charles Singleman begins tique what it heard Tuesday his 25th year with the department in during its next meeting, Aug. September. 11. The board's first annual His mainduty isdo%ntown, but, as report is expected by city coun- it is with most officers. he has many cilors in September. Another assignments. Singleman also is a Drug public forum is scheduled for Abuse Resistance Education officer, a Oct. 27. fire investigator, crime scene techm- "I think you have to hope for ciiari and bike patrol officer, the very best police force you "This community does not have can have in this community," enough police:' Singleman said. coun- said local resident Dave Moom tering arguments heard earlier thitt it "But, I think you have to assume the, "This community doet n1A worst.,. The Tuesday night forum went r! have enough police. i an, C 7 M well beyond schedule, lasting 2�i not do my job as well eq P hours as about 40 people arrived and would like because 1140,1 most of them spoke, There were sto-,1 �ries of apparent abuse of power by' so many additional au-i-91. officers, there were questions about an apparent increase in charges filed I Charles Sinoorrum alleging residents had interfered with J or assaulted officers. Iowa City pofice officer And, again, there was appreciation�, from some for officers' vigilance. Each speaker, it seemed, came back to I may have too many. "I cannot do my key issues of communication an job a's well as I would like to because respect. Among the citizen topics flo r I have so many additional duties:' discussion that Hoffey noted Tuesda 1 Before Singleman stood to speak, were questions about ppolicies that however, Anthony Haughton gave a authorize police to use force. slightly different view of the depart - On this evening, there also was a ment. The probation officer of 10 return to what brought everyone here: years with the Sixth Judicial District One late August night back in 1996, has lived in this area for about 30 On that night. formerofficer Jeffrey years. Gilaspie, investigating an open door, And he has watched the police shot and killed an unarmed Eric Shaw. department change. The local artist and businessman was He talked about a distressing trend talking on the telephone in his busi- — tho�._ charges of residents interfer- ness at the time, ing with police duties, the allegations The PCRB was bom in the weeks of racism and an apparent increase in that followed, though it would take non -whites being stopped by police. another year to work out the details. "There are a number of good And Tuesday night, it appeared, many police officers," Haughton said. residents still were trying to under- "There also are a number of what I stand what led to that shot, and what call cowboys:' has followed it. * The board was asked to get more "if it had been your son that wag input from non -white residents. The murdered, then these rationalizations audience Tuesday night was nearly as would slice up your 4oul and leave homogeneous as the board. you enraged," said Eric's father, Jay Shaw. However, by statute, the PCRB cannot investigate the case — it was given authority to review only those complaints filed within 60 days. Police and residents alike spoke of a lack of community understanding about police practices and a lack of police officers. Of the stata's I communities, only Ames has a =1 Officers per capita ratio than Iowa City. Oe >1 c M� E CL 4w �2 ON cd W.0 cn 10 o 0 06 0 us-4 �,i . � �O cd cd 0 10 10.0. j 44 WrW4 cl W_ om r. PC Q > �cl -ca 04 cl, 0 a OF wd 75 �4 4Q All, Qm > .5 Pz cd W X 0,010 M. cd Q .0 > m ca cza 1 Z Q 0 0 ;00 0 0 c 0. 0 cl I'S gcd cd 0 S Kcd 0 00 . 16 m 0 0 r > r El r 0 > 0 . 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She noted that blame for the increase in gang -related violence and drug busts in tox�n seems to have recently been placed on African Americans. "These are not all gangsters ' these are human beings," Levey said. "There's tension arld lack of understanding of minority people." More than 25 Iowa City residents turned out for Tuesday evening's forum to express their concerns. Richard Twohy, 3168 Dubuque St. N.E., said residents' attitudes are changing, and the police shout d respond in return. "There are times when this marvelous town feels like Los Angeles," Twohy said. He also al-luded to the' building of Coral Ridge Mall as a major influence of change in town. Charles Eastham, 1152 E. Court St., expressed concern that Iowa City police are making traffic stops without issuing tickets or citations. He said his son has told him of many occasions when officers have stopped people solely because of their minority status. Iowa City police Sgt. Mike Brotherton said he believes the department is working with the residents and working on being polite and courteous while still being firm and assertive. "I firmly believe we're going through changes and have a really good police department," Brotherton said. Eastham noted the current complaint investigation concerning Faith Walker, which was reported in 7he Daily Iowan on June 12. "There have been enough reports for this board to see if it's occurring," Eastham said. John Bennett, a UI journalism assistant professor, echoed Eastham, giving what he called "anecdoW" reactions to Iowa City police and the manner in which they treated his teen-age son. I of I . 7/15/98 9:02 AM lb, Dold, 1111311 http "ww uto"a,edu,80 -dlNto%x an issue , I w 27 wne�,A01021: htmi He said first-hand experience has showed him how Iowa City police officers often treat younger people different than adults. Bennett said he believes the treatment has an effect on how younger people view the police and Iowa City in general. "There has to be a particular kind of mature discipline," he said. Jay Shaw read from a script detailing his opinions on how the review board should handle public complaints following the police -shooting death of his son, Eric Shaw, on Aug. 30, 1996. "The primary purpose of the review board is to protect citizens from abuse and death at the hands of police," Shaw said. Although his son's death was the stepping stone to the board's creation, its purpose is to "effect changes in police procedures." Despite the development of the board, Twohy asked if Eric Shaw's death still leaves unanswered questions in the minds of residents. "Have we learned anything from what happened in August 1996?" Twohy said. As for the future of the police, he wants to see an end to the investigation of the Shaw shooting. "There ought to be answers," he said. "There ought to be closure." The board will hold another public forum on Oct. 27. DI reporter Rebecca Anderson can be reached at: raanders@blue.weeg.uiowa.edu Title: First police review board forum draws residents Page: IA Date: 7/15/98 Home Search Front Metro & Iowa Nation & World VieMints Sports Arts I Copyright 1996 The Daily Iowan. <htip:HNvww.uioiva.edu/�-41yiowan/> 2 of 2 7/15/98 §:02 AM 10, Page 11 A Monday Opinion July 13, 1998 Iowa City Press -Citizen Offer ideas on police Have a gnpe about the Iowa 66 Police Department ' ' Have a su2-estion for how they can do things bet- ter'? Or do �oti just want to offer a word of encourage- ment, a word of thanks9 Your :hance comes Tuesday. As part of a review of the department. the city Police Citizens Re, iew Board will hold a foru;n from 7 to 9 p.m. Tuesday in meeting room A of the Iowa City Public Library, 123 S. Linn St. If you show up, you can speak. If you want to register in advance, to speak in the first 90 minutes of the forum, call 356-5041. Speakers will be limited to 5 minutes each, By all means, attend. But a suggestion. You'll accomplish more if you go with an idea of how to change things and make them better. 0. Page 3A Tuesday, Local July 14, 1998 Iowa Cfty Press-Cffizen Police Re*w tAJ I Board form set The Police Citizens Board is holding a con: =Vi fortim from 7 to,9, 1�6. todiiyat; the Iowa City 06bIic1,Lib!wy, 123 S. Lim St. Residents may coru�t,,R� police policies, procedunes 1 4'R4' practices. Public comments add suggestions will be used as the City Council -appointed board determines die focus and direc- tion for its assigned review of the police department. Board recommendations then will be forwarded to the council. lAdvance sign up is available for people wanting to address the board during the first 90 minutes of the forum. Call 356- 5041 to register. The forum is in Meeting Room A of the library. Speakers are firmted to five minutes. jonfison Coun�, Tcday, Iowa City, Iowa: Sun.. July 12, 1998 3 PCRB forum set for Tuesday IOWA CITY --- A rescheduled community fortim hosted bv the Police Citizen Re% ie,x Board is Set for Tue�dav "it 7 p.m. it] Room A of t�� lu,�,a Cit� Public ib rn 1.1% � People att�nd:n'g may give thea, sugges-,jur.4 about police department pciicies and proce- dures. Board meinbers plan to use the suggestions to help guide the direction of its work reviewing police policies, Once it completes its review, thL board will make recommen- dations to the Iowa City Coun- (-, i 1. An earlier attempt to hold the hearing on June 29 was post- poned after a severe wind and rain storm swept through John- son County, knocking out all power in Iowa City and Coral - Ville. - PATRICK WHITE, HAROLD YOUNG. TOM MILLER, THE GRAND JURY (a study In Interactive bias) I was recently Informed by Iowa Assistant Attorney General Harold Young that the U.S. Justice Department had sought and would receive a transcript of the Johnson County Grand Jury's Investigation Into the killing of our son by Iowa City Police officers Gillasple and Kelsay. I have advised the Justice Department that when examining this transcript two critical facts must be kept In mind: fiCat, the 8prosecutor" providing over the grand jury was Harold Young, -an assistant of Iowa Attorney General Tom Miller, who supported the decision not to prosecute, and who fought against the appointment of a special Independent prosecutor- THE CONFLICT OF INTEREST HERE IS GROSS AND OBVIOUS. Second, the grand jury refused to hear sworn testimony from those with evidence, or Interpretations of evidence, that supported a prosecution of these officers. I KNEW THAT THERE WOULD BE No PROSECUTION TWO WEEKS BEFORE THE GRAND JURY MADE ITS ANNOUNCEMENT BECAUSE HAROLD YOUNG TOLD HE AT THAT TIME THAT ONLY THOSE WHO HAD DIRECT KNOWLEDGE OF OR INVOLVEMENT WITH THE KILLING WOULD BE ALLOWED TO TESTIFY- THIS RESTRICTION MEANT THAT ONLY THE POLICE VERSION OF THE KILLING WOULD BE HEARD!- Young and the grand jury did not even bother to give the appearance of obJectivity. Evidence 21 pre-existin DLAA J2 21 orand J= could L& found ja 2a witness 1j&t Itself, it = 11at weren't jj secret, Such a preponderance of witnesses whose sympathies lie with the killers can have more that just an evidential effect, It can create sympathies for the killers that will cause Jurors to stretch law to the breaking point as they look for ways to avoid prosecution. The grand Jury undoubtedly heard moving testimony from Glilasple about how terrible he feels and how much he regrets killing our son. But regret does not get other killers off, so why should It get a policeman off? 0111asple's regret was obviously shallow anyway because It was not strong enough to prevent him from changing his testimony to avoid prosecution. Evidence of Mr Young's bias can be found In a letter which Young sent to Mr. Herman Lenz, who In turn sent a copy to me. In this letter Young attempts to demonstrate why White and the grand Jury did not indict the officers for murder, or manslaughter, or assault, or Involuntary manslaughter. But what this letter really demonstrates are the misinterpretations of law, the sloppy logic, the selective recall, and the gross bias for police that has Infected Iowa's prosecutorial system from bottom to top, THIS LETTER ALSO DEMONSTRATES SOMETHING WHICH I HAVE SAID ALL ALONG, THAT THE IOWA ATTORNEY GENERAL'S OFFICE WAS NOT PROVIDING A ,REVIEW OF COUNTY ATTORNEY PATRICK WHITE'S DECISION, BUT INSTEAD WAS PROVIDING UNWAVERING SUPPORT FOR THEIR FRIEND AND ASSOCIATE MR WHITE, BECAUSE THEY AGREED WITH, AND PROBABLY PARTICIPATED 1H. WHITZ's ORIGINAL DECISION = M PROSECUTE, Young states In and manslaughter) rapidly that there much time do these only as much time which Is loaded wi In front of them. MURDER/ MANSLAUGHTER/ ASSAULT this letter that White believes that assault (and murder charges were not possible because the killing happened so was no time for the officer to form an Intent. Just how men think It takes to form an Intent to kill- It takes as It takes to Intentionally pull the trigger of a gun th hollow point bullets and pointed contermaas at a person I would like to ask Mr White and Mr Young If they would 2 be willing to give this special dispensation of lack of Intent to every person who fires a gun and kills someone In a situation where the killing happens In a m1cro-second- say to a burglar or an Intruder who encounters a person suddenly and unexpectedly and kills them because they have seen his face or simply because he Is startled, or to a bank robber who kills someone who makes a move that the robber Interprets as a move toward the panic button or a weapon, or to a hostage taker who kills a person because that person moves In the wrong way. It Is ludicrous for men with White's and Young's supposed expertise to be making excuses for this killing based on the amount of time the killers spent doing the killing- ABSOLUTELY HQ JUSTIFICATION IN IM OR = A POSITION, SINCE INTENT 15 A STATE OF MIND AND BECAUSE THE LAW HAS NOT DEVELOPED AN ABILITY TO READ MINDS, INTENT CAN NOT BE PROVED, IT CAN ONLY BE REASONABLY AND RATIONALLY INFERRED FROM A PERSON'S ACTIONS AND STATEMENTS AND FROM THE SITUATION- for Young to talk about proving state of mind Is preposterous. Gillasple = Kelsay were Illegal Intruders ja Mt son's ZhM, AW A2 illegal Intruders Jhn = Da bj olven = presumption 2L J_Agk gi Intent. Gillasple and Kelsay Intentionally attempted an entry without a warrant, with guns drawn and ready to fire, In a situation where there was not the slightest Justification for entering at all- they failed to give verbal warning, and acted completely contrary to the procedures they were taught at the police academy. Gillasple knew that his gun contained hollow point bullets and he knew that firing a hollow point bullet center mass at a man who Is only a few feet from him will almost certainly cause death- he knew that h15 training as an officer made him a good shot whose bullet was likely to land where he aimed It- GIllasple knew what would happen If he fired his gun, and he Intentionally fired his gun. It Is not necessary to 4provew that Gillasple had all these facts In his mind In the seconds before he fired, only that he was operating as a police officer In full knowledge of these facts. ONLY EXTREME PREJUDICE FOR THE KILLERS COULD PREVENT WHITE AND YOUNG AND ATTORNEY GENERAL MILLER FROM FORMING AN OPINION THAT THIS KILLING WAS BOTH INTENTIONAL AND UNJUSTIFIED AND THEREFORE A CRIME OF AT LEAST MANSLAUGHTER IF NOT MURDER. Are these men willing to extend to every killer who comes before them the same special dispensations which they have extended to our son's killers? White and Young and Miller know In general that a person who has killed can not be trusted to tell the truth about their Intent. GIllasple could not lie about the circumstances of the killing because there was a witness listening to the killing on the phone, = h& could jil about h" Intent. An.d White Anjd YDMU AW MI I ler XM = GILLASPIE = = &M HU INTENT. These men know that shortly after the killing GIllasple stated that he saw the phone and thought It was a gun and fired In self defense, WHICH MEANS WM INTENT- and they know that two weeks later GIllasple stated the exact opposite, that he did ngt see the phone, did = think there was a gun, did = think he was In danger, that he just flinched (White participated In this Interview). White and Young and Miller also know that officer Zacharias testified that Glilasple went through the door In a crouched position with his gun pointed at the ground and that when he saw our son he moved to an upright position raised his gun aimed and fired- these men know that this Is absolutely not a description of a flinch. = KM TM GILLASPTE ABOUT A CRUCIAL ELEMENT DE TM KILLING, MD EM RM = LYING 12 = = RELIABLE &U OBJECTIVE INDICATORS PROSECUTORS MU QE GUILT, H2j 11 J1 = White = Young Aad Miller were AWI 12 lanore Gillasole's ja A2 Wka A2 other 11= bX Officer Kelsay? 3 THE EOLAHATION FOR WHITE'S EASY ACCEPTANCE OF LYING BY POLICE MY BE FOUND IN THE FACT THAT WHITE'HIMSELF LIED ABOUT HIS REASONS FOR NOT PROSECUTING. At his news conference on Oct 3, 1996 White stated that he accepted Gillsaple's second version of the killing that he flinched, In other words fired unintentionally- to accept this statement White had to Ignore Zacharias's testimony and Gillaspie's Initial statement given the night of the killing that he had fired his gun Intentionally. PERHAPS THE FACTS OF THE KILLING CAUGHT UP WITH WHITE, because since that time White has stated on numerous occasions In the local and national media that he believes Gillasple Intentionally fired his weapon. ONE OF WHITE'S STATEMENTS IS A LIE! THE FACT THAT WHITE AND YOUNG AND MILLER (and grand jury members) HAD FULL KNOWLEDGE OF GILLhSPIE'S SWITCH FROM A SELF-DEFENSE DEFENSE TO A FLINCH DEFENSE IS AN ABSOLUTE CONDEMNATION OF THESE MEN, be�cause It proves that they were willing to overlook obvious lies as they decided to file no charges. There Is, In fact, good reason to believe that White was Involved In this switch from self-defense to flinch defense. White did not even ask Gillasple to explain the contradiction between his statement given the night of the killing that he Intentionally fired his gun, and his Involuntary flinch defense given two weeks later. This glaring omIslon suggests that White willingly and knowingly participated In Gillasple's change of testimony. It would be highly unlikely that GIllasple's attorney would advise his client to contradict previous testimony without assurance from White that he would accept the contradiction and would not prosecute. White must have concluded that the only way he could reasonably fall to prosecute was to call this an accidental killing that resulted from a flinch, and not an Intentional killing that was justified by a mlsperception of danger. White has been accused In the media, and he has not denied It, that he struck a deal with GlIlasple's lawyer that he, White, would not prosecute If Gillasple would agree not to fight his dismissal and would resign If given the chance. Substituting civil penalties for criminal penalties Is not a legally acceptable alternative for a county prosecutor. (see enclosed opinion page article). 04053"JIF In INVOLUNTARY 14ANSLAUGHTER (while committing an Illegal act) Involuntary manslaughter does not require Intent, of course, but It does require either that the killing occur In conjunction with commission of certain Illegal acts, or as a result of acts which are likely to cause death or InJury (recklessness). Young again parrots White with a statement that Involuntarty manslaughter was ruled out because the officers were not engaged In a pubic offense at the time of the killing. Young and White are apparently choosing to Ignore completely our Constitution which requires a search warrant before entry for any reason other than to protect the life of someone who might be In danger. These officers were in the process of committing the public offense of entering without a warrant, and they killed our son In the process of breaking the law! For the sake of expediency, some would give police the right to make building searches without a warrant when they find a door open or unlocked, but THERE IS NO MIDDLE GROUND HERE- IF YOU GIVE POLICE OFFICERS THE RIGHT TO 4 Allowing police to enter unlocked buildings without a warrant puts our lives and our civil rights at risk, and It also gives police a way to enter a building when they know they do not have probable cause to obtain a search warrant. Police In this country have demonstrated time and again that they view lying as a too] of their trade, that they will lie If It suits their purposes and If they think they can get away with It. 11 Aa officer = enter Aim building = J1 found unlocked 2L gm without sl warrant, U= y-QU = I ny I t I no of f I cers JU p= g= JhAL A= AW lip, 0.0 = U= f ound JJt open. INVOLUNTARY MANSLAUGHTER (recklessness) Young then gives White's second excuse for failing to file an Involuntary manslaughter charge which is that a 'building search Is not an act that is likely to cause death or Injury." First 21 AU JULLM statement J1 totally false, because conductin buildin searches 12 an activity JbJL im Inherently danQerous Ig anyone Vh2 May D& in JbI building, f.QL JU simple reason lbal oollce b= guns And = fearful JbAJ anyone UM encounter during sl building search Presents sl danger 12 them. THE FACT IS THAT BUILDING SEARCHES SHOULD BE CONDUCTED ONLY WHEN ABSOLUTELY NECESSARY, AND ONLY WHEN EVERY OTHER MEANS OF RESOLVING THE SITUATION HAS BEEN EXHAUSTED - POLICE TRAINING MANUALS MAKE THIS VERY CLEAR. FINDING & = QFM fiK NEVER HM M NEVER WJU BE EM CLOSE IQ BEING & REASON T.Q CONDUCT A BUILDING SEARCH- UZ YM E&M IM THFSF OFFICERS OPENED Q2 SON'S MR WM = DRAWN WM &H &U QZ RECKLESSNESS 1h JU MMEME BECAUSE V= Ma THERE WM A GREAT LIKELIHOOD TBU THERE VM SOMEONE INSIDE AU MW MM MIGHT KJU TMI PERSON, Police training manuals state that the most common cause of an open or unlocked door Is that an authorized person has left It open or unlocked - common sense tells you that the most likely reason that this person has left It open/ unlocked Is that he 15 Inside and has either forgot to clo5e/lock the door, or has left It open for some reason- a business owner makes very thorough checks of doors when he leaves for the night, but Is much less careful when he Is Inside conducting his business. I myself left that door open for over 5 minutes earlier that night when I was In the process of leaving the shop, All this means that an open/ unlocked door Is thousands, probably hundreds of thousands of times more likely to mean that an authorized person Is Inside than a burglar, 6U &a & CONSEQUENCE hff BUILDING SEARCH CREATES AN INHERENT RM M INNOCENT ff,92U. But even In the rare circumstance where a building search must be conducted, there are obvious safeguards which must be taken to reduce the chance of killing Innocent people. Police training manuals go Into great detail on this subject and these officer did not take even one of those safeguards- this fact makes Young's statement that "a building search 15 not an act that Is likely to cause death or Injury" absurd on the face of it, 5 but that absurdity can be seen with more clarity by maklng.a similar statement about some other activity., say driving. Can you Imagine White or Young or Miller making the excuse that 1drIvIng Is not an activity that Is likely to cause death or lnjur? for a man who has driven his car at 80 miles an hour past a school yard and killed children crossing the road - these officers actions are of the same Ilki IM YOUNG MM IM Z= 2M I= EVERYTHING HANGS M HU = BUTLDTNG SEARCH la CONDUCTED- la CONDUCTED RATIONAL, MM L= MANNER AS 11 Wn = X= EARLIER I L= & = = BUTLDING, = = CHANCES QZ CAUSING INJURY gR D= an GREATLY REDUCED = JE IWILDING ENTRIES an CONDUCTED IR In OBSCENELY RIM= MANNER 1H EM = OFFICERS MM A= ENTERING Iff =a =I = I= 12 A = CERTAINTY = = VUL = SOMEONE, EVENTUALLY- 11 VM Q= AL QUESTION QE WM POLICE E= JUL &U WHEN-- 1Z IM WOULD KILL, Young's letter has as Its primary motivation a desire to Justify White's and Young's and the grand Jury's failure to prosecute the officers who killed our son- It Is not constrained by rationality and logic- It Is full of BIAS- what Young's letter proves beyond any doubt Is the unwavering SUPPORT of Young and by extension Miller for their friend and associate, Patrick White, AND FOR THE OFFICERS WHO KILLED OUR SON. Young's letter proves that the grand jury did not have an objective special prosecutor whose goal was Justice, but a facilitator who was there to do whatever he could to help guide grand jury members toward the objective desired by the Attorney General's office. PROSECUTIONS SPEAK LOUDER THAN WORDS Many feel that this Is a problem that affects only business owners, but Information we have received from people around the country whose loved ones have been killed In their homes or on the street by police prove this false. la 1gil V1JX QLUI Winkelhake's 2W bAd become 22 Indifferent 12 =1 dangers M= w= creating IbAt M= were even entering private residences w= guns drawn VJ= U= found A d= open 2C unlocked during house checks. = PROBLEM ll = WIDESPREAD MR DANGEROUS M BE SOLVED Al AL SHATLIS P= 2M POLTCE DEPARTMENT Al A = AM POLICE IR AM AM LU SOMEONE- BX PROSEQUING = SONOS KILLERS ME JUSTICE DEPARTMENT QH = A MESSAGE WHOLESALE ID = POLICE OFFICER IS T= UNJUSTIFIED ENTRIES &M KILLINGS BX POLICE k= = Al TOLERATEDI I thank you for taking the time to read my letter- I hope you have given It the consideration It deserves In light of the fact that violations of the 4th Ammencknent represents a grave danger to the citizens of this country. Jay Shaw, father of Eric Shaw. LETTER TO EDITOR from Jay Shav-4m 5.127,08 WE NEED PROTECTION FROM OUR POLICE Police live and work In virtually a closed society- their allegiance to each other Is without parallel. The fact that not one police officer In this state was willing to speak out publicly against the grossly reckless policy and procedures which set up the totally unjustified killing of our son Is proof that police look out for each other first and foremost. Comraderle J1 admirable bUl wj= taken t.Q JbI extreme bl police it creAtes A Dl= WAU which protects officers I= JbI conseguences gi their MM misdeeds. One of the most critical roles of civilian government Is to protect citizens from police, because police have guns and without strict civilian control will always move toward overreliance on them. It allowed to operate without oversight behind the protections of the blue wall, police chiefs and their officers will, over time, advance their needs, their goals, and their self protection ahead of the needs and protection of the citizens they are hired to serve. In Iowa City Chief Winkelhake and his officers found that entering any unlocked business or home with guns drawn looking for burglars served their purposes better than following safety procedures taught at the police academy, or obeying the dictates of our Constitution and seeking a search warrant. I= GROSSLY RECKLESS FAILURE M Pa TIM SAFETY QE CITIZENS AHEAD QZ PROPERTY = = = HM T-IFE, It Is the duty of our prosecutors and courts to provide the primary line of protection from police by causing them to fear prosecution and Jail when they kill without Justification. BU = vrosecutors ad courts AM showing cowardi ce = JU= -qLU pol I ce JtJ11 r= t& kM J= reasons = wou I d = lustlfv killine bX non -police. THE FACT THAT OUR PROSECUTORS AND COURTS ARE TURNING THEIR BACKS ON MURDERS AND 14ANSLAUGHTERS BY POLICE MAKES THE NEED FOR THE PROTECTION WHICH CIVILIAN GOVERNMENT CAN PROVIDE ALL THE MORE CRITICAL. City government can provide this protection by overviewIng the performance of employees to ensure they are not engaging In dangerous practices, and by dealing harshly with employees who have willfully put citizens at risk, and by terminating any employee who, through gross recklessness or willful negligence or violations of the law has caused the death or serious Injury of a citizen. This may seem harsh, but then death Is harsher still. City council members and City Manager Atkins did not exercise this vital protective role in the years preceding our son's killing, and to date, to their shame, council and Atkins are still not performing this role adequately. One can only hope that in future these men and women will not allow a blas or disproportionate respect for police to keep them from performing the most Important job they have, protecting the citizens they serve. Jay Shaw, father of Eric Shaw LETTER TO EDITOR from Jay Shaw - -"— a 5.'27,08 WE NEED PROTECTION FROM OUR POLICE Police live and work In virtually a closed society- their allegiance to each other Is without parallel. The fact that not one police officer In this state was willing to speak out publicly against the grossly reckless policy and procedures which set up the totally unjustified killing of our son Is proof that police look out for each other first and foremost. Comraderle il admirable = Wb&A taken Ig JbI extreme bl police J1 creates A Diu& W&U which protects officers f= Jh& consequences gi their MM misdeeds. One of the most critical roles of civilian government is to protect citizens from police, because police have guns and without strict civilian control will always move toward overreliance on them. If allowed to operate without oversight behind the protections of the blue wall, police chiefs and their officers will. over time, advance their needs, their goals, and their self protection ahead of the needs and protection of the citizens they are hired to serve. In Iowa City Chief Winkelhake and his officers found that entering any unlocked business or home with guns drawn looking for burglars served their purposes better than following safety procedures taught at the police academy, or obeying the dictates of our Constitution and seeking a search warrant. = GROSSLY RECKLESS FAILURE 3:Q En Ta SAFETY QE CITIZENS AHEAD QE PROPERTY = 21 = = LIFE, It Is the duty of our prosecutors and courts to provide the primary line of protection from police by causing them to fear prosecution and jall when they kill without justification. = = prosecutors Aad courts = showing cowardice = JU= gl= pol Ice Jh& right t2 kl.0 JaL reasons = would = lustify killing bX non -police. THE FACT THAT OUR PROSECUTORS AND COURTS ARE TURNING THEIR BACKS ON MURDERS AND MANSLAUGHTERS BY POLICE MAKES THE NEED FOR THE PROTECTION WHICH CIVILIAN GOVERNMENT CAN PROVIDE ALL THE MORE CRITICAL. City government can provide this protection by overviewing the performance of employees to ensure they are not engaging In dangerous practices, and by dealing harshly with employees who have willfully put citizens at risk, and by terminating any employee who, through gross recklessness or willful negligence or violations of the law has caused the death or serious Injury of a citizen. This may seem harsh, but then death is harsher still. City council members and City Manager Atki protective role In the years preceding our so their shame, council and Atkins are still not adequately. One can only hope that In future allow a blas or disproportionate respect for performing the most Important job they have, serve. Jay Shaw, father of Eric Shaw ns did not exercise this vital n's killing, and to date, to performing this role these men and women will not pol Ice to keep them f rom protecting the citizens they THE KILLING OF ERIC SHAW August 30, 1996 11:44 pm * Eric was in his shop talking on the phone to a friend, his door was slightly ajar. Lights were on inside and outside - four banks of flourescent lights inside, a mercury vapor light directly above the door on the outside. just five feet away, having arrived only seconds before, stood a policeman on the other side of the door. Two back-ups were behind him. All three had guns drawn. With no announcement and with no cause except that the door was not completely dosed, the lead officer pushed the door open and (in the words of one of the back-up officers) without saying a word, all in one motion straightened up, raised his arm and fired his weapon. The hollow point bullet struck center mass, meaning Eric's heart. Eric died having no idea why they killed him. Eric's friend heard Eric start to say, "What's happening?' But he didn't fully get the words out of his mouth before the bullet ripped through his chest. To the first investigating officer responding, the young police officer said he shot Eric because he thought the phone in Eric's hand was a gun. He gave no explanation why in that well -lit situation he would think that. Two weeks later when the young police officer was finally interviewed in the presence of his lawyer, his defense had changed to "I flinched, it was not a conscious decision to fire, I didn't see a phone or a gun or anything, just an upward movement (Eric was seated), and I flinched". Over a month after Eric Shaw died the county attorney said it was not a crime to kill him. The reason given was that the officer did not consciously kill Eric, in other words, 'the officer flinched'. All the media reported this as the reason. Weeks later, Eric's uncle, discovered that on the very next day after announcing there would be no prosecution of the young officer, the county attorney said on a local talk radio show in response to a question about the pulling of the trigger, " I don't have wy doubt that it was a conscious decision". The protection of the police and the local officials is so strong that none of the media would report the illogical contradiction. Even though the county attorney later repeated on national media that the young officer made a conscious decision to fire his weapon, no one from the local media nor any one with oversight of the decisions of county attorneys has asked him to explain his blatant contradictions regarding his decision not to prosecute. The U.S. Department of Justice is now considering federal criminal charges. James E Shaw 1 April 10, 1998 414641-04% The Killing of Eric Shaw THE TIMELINE OF THE KILLING OF ERIC SHAW 23:42:00 Kelsay is on foot patrol. He notices a door ajar at Eric's studio. He walks up to the door and listens for a few seconds. He backs away from the door and notices that the east windows are blocked with plywood except for the top foot or so of the window. Lights are on inside the studio. A mercury vapor light over the door illumines the alley. Later when describing the moment, Kelsay recalls noticing model airplanes inside the shop. 23:42:53 Duration of activity: Approximately 53 seconds 23:42:53 Kelsay is calling on his cell phone from the parking lot on the east side of Iowa Vending asking for the assistance of uniformed officers. Kelsay is not in uniform. He also does not have on a bullet proof vest. (As he talks, he walks carefully in a large seimicirke around to the north side of lowaVending /Eric's shop/Ahren's Concrete keeping some distance from Eric' door) 23:43:23 Duration of call: 30 seconds 23:43:23 Kelsay continues walking on around to Gilbert Street He flags down a passing squad car. Zacharias pulls in. Duration of activity: 36 seconds 23:43:59 Zacharias parks car in the alley between Ahren's and Budget Car Rental. Kelsay calls advising that "3 & 12 are with me'. 23:44:05 Duration of call: 6 seconds 23:44:05 Gillaspie and Zacharias open and close their doors quietly. Kelsay whispers to Gillaspie that he has an open door. He also tells Gillaspie something wl-dch Zacharias can not hear. Gillaspie begins walking toward Eric's door. 23:44:15 Duration of activity: 10 seconds Total elapsed time since Zacharias & Gillaspie arrived: 10 seconds 23:44:15 Officer Gillaspie continues on toward the door. He notices the north window as he walks by but he says he saw no movement. (To have seen Eric it would have been necessary to have gotten very near the window. There is little indication that he took the time to go to the window and actually look in) Kelsay follows or leads and goes around and positions himself with his back against the east side April 10, 1998 1 of 4 TEVELINE of the building. Kelsay says he then realized that Zacharias has been a police man for a very short time so he stepped quietly back around to the north side of the building and put his back against the building - he actually says door but he must mean the three and one half to four feet of wall between the NE comer of Eric's shop and the door which Gillaspie pushes open. When Kelsay steps back around to the north side he sees that Zacharias is heading back to the Patrol Car to get his flashli ght. 23:44:26 Duration of activity: 11 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived: 21 seconds NOTE: It takes 10 seconds to walk from where the Patrol Car was parked to the north east comer of the building walking in a straight line at a brisk clip. Kelsay described his route in going from the east side of the building to Gilbert Street (when he flagged down Gillaspie and Zacharias) as being rather circular so as to not draw attention to himself and so that his footsteps would not be heard. (Budget's lot is paved, the alley is an uneven rough surface of gravel and rocks). From the testimony I cannot determine whether Kelsay took the same route in returning to the east side of the building. If he did take the circular route the elapsed time from the Patrol Car to the east side walking carefully would be about 14 to 16 seconds, which of course leaves even less time to investigate Eric's shop before opening the door. 23:44:26 Gillaspie is at the door. Kelsay is positioned right beside Gillaspie about 2 or 3 feet away. Zacharias is 'digging inside" the car getting his flashlight. Zacharias gets his flashlight and walks back toward where Kelsay and Gillaspie have positioned themselves. He gets to a position about five feet away from the door on an approximately 45 degree angle. Gillaspie whispers to Kelsay, "There's a light on inside." Kelsay motions to Gillaspie that he is ready to follow Gillaspie in." All three officers unholster their weapons. 23-.44:32 At this point 27 seconds have elapsed since Kelsay advised dispatch that Gillaspie and Zacharias are on the scene. Kelsay is in position on the north side of the building, Gillaspie is at the door. Zacharias is still moving toward Eric's door. Duration of activity: 6 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived : 27 seconds 23:44:32 Gillaspie begins pushing open the door. If it is pushed open slowly a distance of 2 feet the elapsed time would be 3 to 4 seconds. If the door is kicked open or shoved open quickly the elaspsed time would be 1 to 2 seconds. Gillaspie has his weapon in his right hand. 23:44:35 Duration of activity: 3 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived: 30 seconds April 10, 1998 2 of 4 THAELINE 23:44:35 Gillaspie sees someone seated before him, he has an 'object" in his hand. Eric is startled. As he is getting up from the stool he starts to say "What's going on?" Gillaspie raises his weapon and with no warning fires "center mass". David Buttita hears the shot and Eric's screams. 23:44:37 Duration of activity: 1 to 2 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived: 32 seconds One half minute after GfflaVie arTives, Eric is dyiLig on his shop floor. 23:44:37 Gillaspie drops his gun when he realizes that the 'object' was a telephone. Gillaspie testified that he began screan-dng "There's a phone in there, there's a phone in there" and other things which Kelsay says that he could not understand. Kelsay describes Gillaspie as "fumbling with his mike'. Kelsay tells him to shut up (most likely to keep Gillaspie from incriminating them). NOTE: Kelsay observes Gillaspie making the entry, pushing open the door and firing the weapon and he most likely understands what Gillaspie is saying but he admits only hearing a weapon discharge and describes none of the actions except pushing the door open. Kelsay cautiously looks in the door and sees Eric convulsing on the floor. He tells Zacharias to take care of Gillaspie. Gillaspie continues screaming about the fact it was a phone and tells Kelsay to "Help him, help him!'. 23:44:44 Duration of activity: 7 seconds Total Elapsed Time since Zacharias & Gillaspie arrived: 39 seconds 23:44:44 Kelsay pushes the door past Eric. He notes that Eric is losing a lot of blood. He described Eric as being in a fetal position, with his eyes "open and fixed'. Kelsay reaches for his radio. Zacharias tries to calm Gillaspie telling him that it will be OK Gillaspie counters, 'No it woWt, you don't understand, there was a phone! I saw a phone'. 23:44:48 Duration of activity: 4 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived: 43 seconds 23:44:48 Kelsay calls for an ambulance and a supervisor - 'right now, 10-52 right now' . David Buttita has been listening to Eric die. He hears Kelsay call for an ambulance and a supervisor. 23:44:55 April 10, 1998 3 of 4 TIWLINE Duration of activity: 7 seconds Total Elaspsed Time since Zacharias & Gillaspie arrived: 50 seconds 23:44:55 David pleads desperately for information but Kelsay ignores him. Gillaspie becomes increasingly agitated as he continues to tell those who try to calm him that "You don't understand.' Gillaspie soon becomes aware that there is a man in the Budget lot just looking at him and watching all the commotion. 23:45:26 Total Elaspsed Time since Zacharias & GiHaspie arrived: 81 seconds NOTE: This timeline has been determined by combining the testimony of the three officers and the times recorded for Kelsay's calls to dispatch. The times for these activities can be established because the call before the entry into Eric's shop and the call after the entry into Erk's shop were recorded. The call advising that Gillaspie and Zacharias were on site and the subsequent call requesting a supervisor and an ambulance establish the maximum amount of time that could have been used to investigate . They are also based on the length of time it takes to walk from the location of the patrol car to the door of Eric's shop and the time it takes to perform the actions described and make the testified statements. A total time of 44 seconds are frequently mentioned as the time in which these officers had available to investigate the scene. But it is clear, as you step through the time line the actual time is much less. It is quite possible that Eric was killed half way through the 44 second period. Officer Kelsay stated that he estimated that the time between GiHaspie's exiting of the squad car and pushing open Eric's door at between 20 and 30 seconds. 23:45:26 Kelsay: Code 3 on everybody please. This will be a gunshot wound 23:45:30 Total Elaspsed Time since Zacharias & Gillaspie arrived: 85 seconds 23:45:36 Kelsay: ... single gunshot woimd .... looks like center mass .... 23:45:43 Total Elaspsed Time since Zacharias & Gillaspie arrived: 98 seconds 23:46:11 Kelsay: I need a supervisor is what I need. Total Elaspsed Time since Zacharias & Gillaspie arrived: 126 seconds April 10, 1998 4 of 4 TIMELINE James E Shaw 13830 Watertown Plank Road Elm Grove, Wisconsin 53122 414 641-0496 What I have learned because of the THE KILLING OF ERIC SHAW Which Lawmakers and the Citizens of the United States should also know. Many Police Departments have a SHOOT TO KILL policy. It is not called by that name but death is invariably the result if the police officer follows policy. 1) Warning shots are not allowed. 2) Verbal warnings are frequently absent, even against the unarmed. 3) Officers are trained and instructed to fire center mass (the heart). 4) Police departments use hollow point bullets. 5) They use sen-d-automatic weapons. 6) They are instructed to keep firing until the victim no longer presents a threat. (I have seen that interpreted by police as "no longer moving'). 7) A police officer is a lot less likely to be charged or reprimanded if he kills his victim than if he injures his victim, thereby leaving a witness. A Police Officer who kills is not treated as a suspect of a crime even in the most egregious circumstances. 1) He is not arrested. 2) He is not tested for drugs or alcohol. 3) He is not sequestered. 4) He is allowed, even encouraged to change his "story" a The victim is treated as the criminal even if he has done nothing criminal. 1) The victim will be tested for drugs or alcohol. 2) His background will be checked looking for any "extenuating circumstances" to present to the media to cast the victim in a "bad light". 3) The boldness of the lies by the "Police' will depend on whether there are any witnesses alive and whether those witnesses can be discredited. 4) The first reports by the police will most likely have errors which paint the victim in a bad light and the police in a favorable light. If necessary, those "mistakes" or "misunderstandings' will be corrected later, knowing that by then the lies will have served their purpose in making the important initial reports very favorable to the police. 5) As an example, six hours after Eric was murdered (manslaughtered?), the county ("prosecuting") attorney told a radio reporter that the police were James E Shaw 1 Victim as Enemy 414 641-0496 April 11, 1998 still searching for a weapon. Such a statement plants in the initial media reports the idea that the officer killed in self-defense. It also preserves the possibility of planting a gun on the suspect. Such statements clearly indicate why special prosecutors not in the government loop must be called in whenever police kill citizens. The three police officers knew Eric did not have a gun, yet six hours later nitisinformation is being fed to the public. 0 When the evidence is that Police may be guilty of murder or manslaughter: 1) A secret report or an investigation will be ordered that will make it possible for the official answer to all questions to be: "we cant respond because the case is being investigated'. That gives the police department, their attorneys, and the "prosecuting' attorneys time to develop a strategy to convince the public and any grand juries which may be called that no crime was committed. Delaying the report for 3 weeks or a month allows the initial outrage over the killing to die down in the public's mind. 2) The victim's family will be denied information or will be given such information that will be useful in gaining leverage over the victims and/or sympathy toward the prosecutor. 3) The victim's family will also be investigated for any possible advantages that n-dght be used against the victim by the police or the prosecutor. 4) The victim's family will quite likely be led to believe that a prosecution is forthcoming so that they will not be suspicious of the motives of the investigators and the prosecuting attorneys. * An us (the Police) against them (the victims) mentality is adopted immediately- 1) On my first visit to the Police Station (18 hours after Eric was killed) there was certainly no sympathy. I was treated with disdain, even contempt by the officer on duty. She could not even bring herself to treat me civilly as I politely and respectfully asked to speak with the ranking officer on duty. 2) When your loved one has been killed, the least the victims should expect is integrity from the city government and the police department. Instead of truth from the Police and city officials, the victim gets half-truths, misrepresentation, stone -walling and even outright lies. The wrongful killing of your loved one by the police is a nightmare from which it is impossible to escape. But when those who represent the city and the police force treat the family of the victim as the enemy, the sense of isolation and abandonment is absolutely overwhelming. Added to the excruciating pain of separation from your loved one is the awful realization that your own city has turned against you. This pain could be avoided if each person in the Police Department, the Criminal Justice system and city government would approach his or her duties with a commitment to integrity - integrity that reaches far beyond just telling the truth, and James E Shaw 2 Victim as Enemy 414 641-0496 April 11, 1998 not lying. This kind of integrity requires an absolute commitment to doing the right thing. It requires that actions and motives be above reproach. It takes the ever present realization that the lives of innocent people have been shattered. To ignore the needs of the victim's family for honesty at a time like tl-ds is disgusting beyond description. When a government employee is responsible for such a mind -numbing tragedy, it is an affront to decency for those in charge to be lying, stone -walling and issuing self-serving bureaucratic platitudes in an effort to avoid responsibility . Every person involved needs to search his or her soul and realize that if this could happen to Eric it can happen to anyone. Once a person come to grips with that realization he or she then needs to ask, "how would I want to be treated if I suddenly discovered that the police murdered my son for absolutely no reason." Reflecting upon the anguish which Jay and Blossom went through, I discovered two primary standards of human decency which must be strictly adhered to by those in government when a tragedy as cruel as the killing of another human being occurs: First and Foremost TELL THE TRUTH Secondly LISTEN TO YOUR HEART AND DO THE HONORABLE THING Lawyers Give Advice about Law, not Decency IF YOU OR A SUBORDINATE HAS WRONGED SOME ONE ADMrr rr Not only were Jay and Blossom assaulted with excruciatingly painful news that their beloved son had been killed by a policeman, they were forced to endure lie after he and the cruel refusal of the city government to even offer sympathy, let alone admit that anyone had done anything wrong. It was a nightmare from which Jay and Blossom could not escape, but in those first hours and days, a decent, truthful and sincere word from those in positions of responsibility would have lessened their burden tremendously. Concluding Remarks These thoughts are not idle speculation. Police are unnecessarily killing people all over America. Each city and town in America should be adopting policies and procedures to prevent gratuitous killings by police. It must stop. Both life and law must be respected. Government employees must realize that when police kill, they kill more than just the victim . Their bullets shatter the lives of the victim's family. Heartless stonewalling just adds to the terrible rrdsery that the families must bear. James E Shaw 3 Victim as Enemy 414 641-0496 April 11, 1998 February 10, 1996 Blossom Perkins Shaw M JUSTICE M UL (from our Pledge of Allegiance) My heart was broken not once but many times. Once when two Iowa City cops under the "watch" of the chief of police burst Into my son's shop and gunned him down while he was Innocently talking on the phone. This was an act of brutal and criminal malpractice that violated Eric,s Constitutional rights: his Inalienable right to life and his Fourth Amendment rights. OThe right of the people to be secure In their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no Warrants (for such searches or seizures) shall Issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' THE FOURTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA Then my heart was broken over and over as the city officials (except one council member), the Johnson County Attorney, the Iowa Attorney General, the Supreme Court of Iowa, and a Johnson County Grand Jury all failed to do the right thing by our son and by us, What can you do, you ask? Dg Something! Just stand up, speak out against our 5on-'s unwarrantable execution. How can you care about just one poor person killed by police, you ask? B& J� = 12g man0 This unspeakable horror should never have happened! It was not caused by bizarre chance! It was preventable by the chief of police. It was not just a mistake or an accident. It was a case of criminal and intentional behavior by the cop who ordered the entry, and the cop who pulled the trigger. The fAgl that it happened la proof of the crime! In Tennessee v Garner (1985) the U.S. Supreme Court ruled that a fleeing felon cannot be captured by killing him. that the intrusiveness of a seizure by deadly force is not reasonable and is unconstitutional under the Fourth Amendment . So should not my innocent son, who Is talking on the phone In his very well - lit shop, be protected from trespassing cops who want to catch a purely phantom burglar by shooting him? 2 Our son has a right to be "secure In his person and In his house4, protected by his government from the police. This Is the truth, my beloved son, as you well know It. 1) There was zero probable cause to enter. 2) There was zero threat to the officers. 3) The use of deadly force was 100% unreasonable and unjustified. On behalf of my son, who cannot speak anymore, I cry out: "Listen to the truth! It is undeniable! If Eric"s God-given, USA guaranteed constitutional rights were not violated on August 30, 1996, then the Fourth Amendment means absolutely nothing, and the police have a newly expanded license to kill anyone, anytime, anywhere, under any circumstances without fear of consequence or concern for the sanctity of citizens' lives." The apparent wanton disregard shown by police and police executives for the value and preciousness of the lives they are taking away Is a frightening and ugly thing to see. Representatives of the police, the City of Iowa City, Johnson County. and the State of Iowa have all officially sanctioned Eric's murder; and they are all profoundly wrong. Hear and feel the r&&L meaning of what these people say: The police have a right to murder your son, because they are police, and you should accept that you will never get justice - says the Johnson County Attorney. It,s not MX responsibility - says the chief of police. We did nothing wrong - says the cop who helped kill. Fear is the only Justification I need to pull the trigger - says virtually every law officer In this state. Public Image is all I care about - says the city manager and the city council. Jurisdiction is more important than justice - says the Iowa Attorney General and the Iowa Supreme Court. We care so little about justice that we will not even listen to those with evidence of its obstruction - say the members of the Johnson County Grand Jury, Why should I apologize? I didn't do It - says the Mayor. Now It won't happen to X or my loved ones - says a person on the street. Why should I care? Can this be Iowa City, Iowa, USA? Our hometown? Can this be the town where our Eric lived since second grade? Is this the town he loved? I I ask you, who and what 1-a responsible for our son's ki I I Ing? Eric did not make this happen. Our dear son had no Idea he could be In danger from Iowa City's Intrusive, gun -pulling cop patrols while he was In his place of business, and neither did other business people or their employees. Thl cops m&dt 11 happen! How many more Innocent lives will be destroyed by law enforcement before we all realize we are In potential danger from them, especially because of their misuse of guns? How many Innocent victims are there? Count them! But their true numbers and their true stories could very well be hidden by lies. Jay and I have heard from too many other families In the state of Iowa and from across the country whose children were killed and whose lives were shattered by the very police sworn to protect them. In addition to suffering the terrible loss of a loved one, these families have suffered the loss of community when their connunity chose to turn its back on the family�s pain and on the family's and the victlWs need for justice. Instead their community selfishly tried to protect Its own comfort zone and Its Image from the hard truth of murder. To treat these killings as a public relations problem rather than a problem of accountability and justice Is a sin against the victims and their families. Why do police always seem to be "justified" when they take a life? Why do county attorneys and grand juries and city councIls and mayors all put their stamps of acceptance, If not approval, on unnecessary and criminal killings by police? An Iowa City policeman once got more punishment for shoplifting that did the officers who Instigated and carried out our son's slaughter. How shamefully gross, how wrong, can the "blue wall" get?! Is there justice for all except an Individual who Is the victim of police crimes? Is my baby boy's statistic going to go down as "JustifiedR as well? NO! That Is unacceptable to Eric, to his family, and also to you- our fellow citizens. ... Every morning of every night and each tomorrow of each day I wish I could awake from this hideous nightmare ... I know there Is no peace without Justice. Eric's Mom UPON THESE PRINCIPLES A few principles lie at the bedrock of our government, of our civilization. Truth and justice are two of the most critical. Justice, which Is but another word for "doing the right thing", cannot exist where truth is not valued and lies are not condemned. And a society which Is not based on justice Is evil! Truth Is always necessary from those entrusted with providing just I ce, WL Wh= sl I_Lta UZ b= crlmina I I vended, JbAt wh I ch 11 f a Ise becomes A RAU 2J JtJ1C crime. Lies told or accepted In relation to the Irreversiblie act of murder bring further devastation to the family of the victim, and cause them to recoil In horror, as It should everyone. Wha confConted V11h death, Truth becomes sacred, and when those In power in our legal system fall to determine truth, or do not value It, or turn their backs on obvious lies, they murder the lives of the victim's loved ones, and they damage our country. If our attempts to do what Is right are not anchored in law and truth, then justice cannot be done. Many people, probably Including Johnson County Attorney Patrick White, did not think It was "fair* that officers Gillasple and Kelsay should face prosecution for murder or manslaughter In the killing of Eric Shaw because policemen are by definition Ngood', and because Gillasple said that he felt terrible about killing this "guy' as he called Eric in his statement. White Ignored Eric's right to be protected In his private space from the Intrusions of the state, and he Ignored Eric's inalienable right to life. White demonstrated a grotesque adherance to the maxim, "out of sight, out of mind*- applying a misguided fairness principle to the killer In front of him, but refusing to do what Is right for the man out of sight In his grave. In failing to prosecute Eric's killers, White made two horribly dangerous errors. FIRST. ft tqj_L iat2 tht 21d IM Q1 al I owi no Jht gj1d 12 Justify Jhl means. In order to reach the end he desired, White Ignored the fact that these officers violated Eric's civil rights both in entering his space and in killing him, and he ignored obscene derelictions of duty and outrageous recklessness leading to a death, and he Ignored an intentional killing without cause. White treated Eric as a thing without rights that got In the way of these officers' builet. White ignored the right and the need of Eric's family to see these officers punished by law. White Ignored lies from Kelsay and Gillaspie and Police Chief Winkelhake that are blatant beyond belief, and then he himself lied about his reasons for not prosecuting (see enclosed material). 1h& means U=d by White = = b& Justif le JZX AU =�L SECOND- White failed 12 measure h12 'end" against thl ultimates Q1 truth And 1" AW Justice, White's "end" here was to convince people that this killing was more like a physician's mistake which leads to a malpractice lawsuit than It was to a murder or a manslaughter. &I Jbim killing could ngl h= haDvened it these officers hAd ad engaged la UM 2 Illegal A21 gL entering without sl warrant And h" na shown criminal recklessness go aross = ij� sickens LU Wh2 kj= Jbi details, The only way this killing could be likened to a physician's *mistake* would be if that physician's 'mistake' also resulted from gross recklessness such as operating while drunk, or also Involved an Illegal act such as performing surgery without qualifications or consent. An example from everyday life will make this distinction very clear, especially to drivers who drink. If a driver makes a mistake, even a very stupid mistake, and kills someone with his car, he may be liable civily, but his act Is not treated as a crime, unless = person ig flagrantly breakina traffic laws, 2E unless = person 11 driving drunk, MIM officers were guilty 2L An Illegal W& as flagrant jZ driving A hundred m I I es an hg= RAgaLt &I schoo I around, And 2J reck I essness 2L thl 2= I& Ag driving drunk, White's end does not measure well against the absolutes of truth and law and justice. WHITE KNOWS THAT THESE POLICEMEN KILLED WITHOUT CAUSE AND HE KNOWS FROM THE MANY NATIONAL SCANDALS THAT POLICE HAVE A REPUTATION AS LIARS AND HE KNOWS THAT FEAR OF PROSECUTION GAVE THESE PARTICULAR POLICE A MOTIVATION TO LIE AND HE KNOWS THAT THEY DID LIE- M = HE ALLOW = T.Q M AM V= LYING? WHITE KNOWS THAT OFFICERS KELSAY AND GILLASPIE AND JACKSON OBSTRUCTED JUSTICE BY LYING, AND WHITE KNOWS THAT LYING IS THE MOST RELIABLE AND OBJECTIVE INDICATOR OF GUILT AVAILABLE TO A PROSECUTOR, 2Q EM = HE PROSECUTE? Yff = HE = SUBJECT ERIC'S KILLERS MD THEIR = 19 DW RM HUMANS HM QE DETERMINING TRUTH, A TRIAL BY IM, WHERE STATEMENTS AU GIVEN UNDER THREAT QE PERJURY, MM CONFLICTIN STATEMENTS OR DI EVALUATED. WHITE KNEW THAT THESE MEN WERE GUILTY OF AT LEAST OBSTRUCTION OF JUSTICE AND ALMOST CERTAINLY MANSLAUGHTER, YET HE JOINED THEM IN THEIR LYING, AND BY SO DOING JOINED THEM IN THE CRIME OF OBSTRUCTION OF JUSTICE. WHITE PANDERED TO THIS COMMUNITY'S POLICE BIAS AND GAVE IOWA CITY COPS THIS UNMISTAKABLE MESSAGE- = MH KILL ANYTIME UNDER AU CIRCUMSTANCES WHITY I Ah PROSECUTOR ND HQ PROBLEM, I WON'T PROSECUTE! Eric's killing Is so obviously a crime of at least manslaughter, and it has received so much national publicity, and the lies of the police and the prosecutor are so blatant, that If this manslaughter/ murder goes unprosecuted, It will give officers everywhere the message that they can get away with almost any killing. Bringing justice for the murder of Eric Shaw should be enough In and of Itself to file charges against these officers, but the fact that killings by police will continue if a prosecution is not vigorously pursued should provide additional urgency to motivate our local legal system and our Justice Department to do what Is right by Eric, It Is still our hope that we are not a country that will allow Its judicial system to determine right without reference to law, and we are trying to keep alive our faith that our Justice Department will not allow the local legal system to determine Justice without reference to truth. 3 Justice Is at the heart of a civilized society, The serving of Justice on the police officers who killed Eric accomplishes the following: It serves notice that we as a country value life, and that we recognize that the absolute ultimate wrong has been done to a fellow human being. * It recognizes that our rights do not end with our death, and that those of us still alive have a sacred duty to ensure that violations of the murdered person's rights are punished to the full extent allowed by law. * It recognizes that the family's need for justice Is Innately right and completely Justified. To lose your child Is devastating. To be told that his life had no value and that the police had a right to kill him is unbearable. * It protects our citizens by serving notice that killings which result from Illegal acts and recklessness and malpractice will not be condoned. * It serves notice to police that lying will not be tolerated, that when they lie their lies will be taken as evidence of guilt. * It strengthens the values of truth and justice, and validates the concept "Equal Justice for All" We must be ever vigilant against abuses of power, especialy by those who carry the guns and whose abuses can kill us. Our lives depend upon It. James Shaw, Uncle of Eric Shaw/ Jay Shaw, father of Eric Shaw On August 30, 1996 at 23:42:00 (approx), while on foot patrol, Iowa City police officer Kelsay notices a door slightly ajar at the rear of 1130 So Gilbert (Eric's shop). Kelsay attempts to look In the east windows (view was blocked), listens at the open door for a few seconds, walks toward Gilbert street then back around to the rear (east side) of the building, always keeping some distance from the door. According to his testimony, Kelsay = Djat Jggk in tJ1C north window which M D21. blocked, and which would h= allowed hIM Ig = ELJq talking gjl IM Phone. At 23:42:57, officer kelsay Initiates a call to dispatch gn biz cell Phone and requests uniformed assistance at an open door as he walks in a large semicircle back to the front of the building; at 2310i59 Kelsay initiates a second call gA bil OU Phone in which he instructs dispatch to disregard the first call because he has been able to flag down officers Gillaspie and Zacharias who were driving by. At 23:44:04 Gillaspie and Zacharias get out of their car and begin walking toward Eric's door. At 23:44:34 Gillaspie shoves open Eric's door and fires a hollow point bullet through his heart as he sits talking on the phone. Gillaspie instantly realizes that he has killed an Innocent being and drops his gun, backs away in horror, and immediately tries to call dispatch on his radio to tell them what has happened. He is stopped from making this call by Kelsay who YELLS AT HIM TO SHUTUP, THAT HE, KELSAY, WILL MAKE THE CALL!; At 23:44:48 Kelsay initiates a third call in which he Informs dispatch that there has been a shooting, and requests an ambulance and a supervisor. Wbr& Kelsay interrut)ted Gillasple's gAJU 12 dispatch. HE PREVENTED GILLASPIE FROM TELLING THE TRUTH ON A RECORDED LINE, And Whn Kelsay M&dft Jhg gLLI h I mse I f And res)or ted 9 1 mp I y = 11 g= W b= f I red, b& stj 2a vattern lb.41 Wa 12 bg f ol I owed ta = JM C� vol I ce throughout Jbil tragedy, sl Pattern gi giving g&& = I Ittle Information Al UM could 221 away WJJh, &I pattern 2J Planting misleading = deceptive Information whenever IL suited their purposes, ji vattern gi Protecting fellow 2= fLm JU JAR With hLU truths Md outr I ght I I ea. These officers took no precautions whatsoever to ensure the safety of occupants. JLZ their g_Xa testimony Arid Jhl second ta second recording Q1 Kelsay's calls these officers convicted themselves gJ sl reckless disregard J_QS lives other JhAn their own. Recklessness gi IhIZ magnitude IbAt Ltd directly Ig sl death, combined with An Intentional firing 2L sl weapon without cause should hAv& resulted in sl Prosecution J_Qt manslaughter gE murder. Kelsay's ZD12 Portion gi JhJ1 murder J99k 12A seconds, and all but a few of those seconds were spent making calls to dispatch; attempting to look in blocked windows, walking In large semicircles around the building, and flagging down Gillsaple's car. Kelsay gave only a moments thought and Investigation to a grossly reckless act that robbed gME = gi over Z& million minutes JhAJ a normal JJJ& span would b= allowed hlm� 2 Kelsay's Md Gillasple's I= Portion gf jbil murder took at most 30 seconds, and most of those seconds were spent making entry plan's and walking to the door and getting In position. Kelsay and Gillasple as a team gave less that 5 seconds thought or Investigation to an Illegal and obscenely dangerous act that sentenced Z= 12 death And condemned Eric's Parents 12 lives gi horror ad pain. ACTIONS THESE OFFICERS TOOK BEFORE, DURING, AND AFTER THE KILLING ARE IN GROSS VIOLATION OF PROFESSIONAL POLICING AND IN VIOLATION OF THE LAW. THEIR CRIMINAL RECKLESSNESS IS EVIDENCED BOTH BY WHAT THEY DID AND WHAT THEY4-DID NOT DO: * Going Into a building with guns drawn for no other reason than that the door Is not locked Is so totally wrong that this Is the only fact that Is required to convict them of reckless homicide. * If these officers had looked carefully through the unblocked north window at the area in front of the door they almost certainly would have seen our son. * If they had listened carefully at the open door they would have heard Eric talking on the phone. * If they had obeyed the law and sought to obtain a search warrant, = = would bj &live today, County Attorney Patrick White chose to Ignore this recklessness, AND HE CHOSE TO IGNORE THE LIES THAT FOLLOWED: La JU: Within minutes of killing our son, Gillasple stated to investigating officer Jackson that he had seen a phone and thought It was a gun and had fired In mistaken self defense (a tan dumbbell shaped phone with a 12 foot cord attached bears no resemblance to a gun), then two weeks later Gillasple stated to the DCI that he had not Intended to fire his gun, that he had seen only movement and had not seen the phone, and that he had flinched- = gi these statements JZ A jjj, Investigators kn2i JbAL Initial statements almost alwavg contain Aht MgLt truth, Officer Zacharias's testimony JbAt Gillaspie moved IQ an upright position raised bJ2 9M Ar.111 fired il A total contradiction 2f Gillasple's 'flinch4. Lit U Kelsay stated that he did not see Gillasple's movements at the moment he fired, even though he was standing less than 2 feet from him and was acting as his back-up. U& 12 Kelsay also ]led when he came up with his scratch marks on the door, a statement which County Attorney White called a stretch after looking for them and finding none. Lit I At Officer Jackson lied when he changed his statements to match Gillasple's belated claim that he had flinched. Lit 15: Five weeks after the killing, at his press conference, White gave as his reason for not prosecuting that he accepted GlIlasple's claim that he had not Intended to fire his weapon, then the next day, and on several other occasions, White stated to the media that he had no doubt that Gillasple did fire his gun Intentionally, which meant that White should have prosecuted Gillasple. When Police Chief Winkelhake learned of White's about-face he said, "then hl should b= charged h1le. That all this lying occurred Is bad enough, but It is made worse by the fact that even when the lies became obvious, they were not challenged by investigators or by White or by the media, but Instead were Ignored- this In spite of the fact that IvIng j_2 g= gf Jb& MQat objective A= reliable Indicators gi guilt. The ready acceptance of blatant lies by so many people In this state shows that truth Is not valued. This sobering reality should scare everyone because actions and decisions based on lies Inevitably bring harm. This killing and Its aftermath Involved undeniable recklessness and blatant lies- If anyone besides police officers had killed in this manner and lied In this manner a prosecution would have taken place. White and the Grand Jury Ignored all of this, and more- they Ignored violations of our son's constitutional rights. M= officers bX their W testimony conylctad theMgelves gi attempting A& enter ji Private space without a search warrant And without Probable cause ad ja jhj absence 2j & threat 12 life- JUM heard nothing, M= = nothing, ZQ JU= M, yjj JU= Intruded without A warrant, And VI-th guns drA�M, IM n2 other reason t= = _tb& = yAj alAlz. Police Academy training manuals state that an open door Is far more likely to mean that a rightful occupant Is Inside than a criminal, These facts have not been denied, AND THEY FORCE THE CONCLUSION THAT THESE OFFICERS WERE ILLEGAL INTRUDERS WITH NO MORE LEGAL STANDING THAN A BURGLAR - THESE OFFICERS = = CLAIM MISTAKEN 5W DEFENSE BECAUSE = M ThE = WW CREATED = MISPERCEPTION QE DANGER IR ME FIRST PLACE WM THEIR ILLEGAL ENTRY, The absence of legal standing Is most likely the reason why Gillasple switched from his original self defense, Intentional firing version to his unintentional firing, flinch version. BILL Jbil raises guestion QL whether A volice officer Vb2 Illegally enters your space should DI allowed AM claim Mlit t& flinched = br, Zga= himself = kills y9ja IN Aff = GILLASPIE'S FLINCH LI& ud WHITE'S ACCEPTANCE QE FLINCH 12 A LI& & citizen Vb.Q ij = connected Vj_tjj JAW enforcement Vh2 11 legal ly enters .a Private space = kills .4 rightful occupant gAn neither claim = ba f I inched n= Jhsjj bS_ f Ire in 1LU defense. Even If this intruder did flinch or was defending himself he can not escape a murder or manslaughter charge BECAUSE = INTRUDER HK NQ LEGAL RIGHT IQ BE JR = SPACE, THESE POLICE OFFICERS MD KQ LEGAL RIGHT ID DZ IR ERIC'S SPACE, MM THEREFORE 2K HM H ALLOWED IQ R= EITHER I= = KILLED IN MISTAKEN = DEFENSP, OR DY ACCIDENT! Tbr. circumstances Aj= Makj 11 murder QE manslaughter- Q= A BM f2 TBE POLICE, WHICH 2H INDUCE FEARS Qf PUBLIC OPINION QR PROTECTIVE THOUGHTS ABOUT ONE'S POLICE MD ONE'S COMMUNITY, = A PROSECUTOR AU ona = MEMBERS = CHOOSING PROSECUTION, This bias for the police also explains WHY THE SILENT MAJORITY DID NOT PROTEST the failures of their Judicial system, and, In fact, turned against us for Insisting that their police had committed at the very least manslaughter. ThJ2 blo JDL Jb& vo I I ce exy I a I na 01 gj lk mQ21 crue I th I nas wh I ch many Peop I e dj-d 12 uz, wh I ch Wo t& ectuate g= f I c3h& IM -iustice with venaeance. Vengeance is one of those words whose meaning too often depends on what or whom the user Is trying to vilify- It Is a favorite word of all those who would excuse sane particular criminal, even a murderer, from punishment. nM Parents gt children murdered QL manslaughtered by It& police = accused gi vengeance W= U= Insist Jh&t their child's killers b& punished ta Jhft I", while Parents QL children murdered bX anyone 11= = allowed IQ Insist gn Justice al A necessary first ZtS2 toward closure! H= people, perhaps A large malority, harbor alla A strong bi= J2L = police = UM = Incapable 21 seeln S= A totally unjustified killing bX police officers A2 A crime- And because U= "a X& = Jh& crime, UM = An Insistance 2a Punishment AN venueance, People under 2M Influence gi Jh1J bin Ua overlook i1el, contradictory statement, absence 21 statements, sloppy Investigations, ADd factual AU situational Ma legal evidence = screams at Quilt- = Instead simply believe whatever Justifications 2L falsifications UM officers come UR with. 121&t should scare people 12 some officers count 2a thim bW, And = emboldened Jt2 commit crimes because 2J jj� It should also scare people that denigrating justice by calling It vengeance Is dangerous. Vengeance and justice are two very different terms, and a clear distinction of these core concepts Is necessary for the continuation of civilized society. Justice 12 served by si Jaic = Impartial application gi Jhl JAWZ gi = JADd Ig everyone, Including police officers, The measured punishment which I am convinced the law should mete out to these police officers Is not vengeance, it Is justice. When parents of children killed by the police insist on justice they are not only accused of vengeance, they are very often blamed by many for not forgiving their child's killers. Many people, who have failed to consider how easy it Is to forgive the killers of someone else's child, have condemned me for not publicly forgiving these officers. These people must have forgotten that If forgiveness Is to be meaningful, then repentance and honesty are first requirements, and If these men were truly repentant they would replace every lie they have spoken with the truth and tell every fact they have left out and insist that Justice be done. That would make forgiveness possible, but the simple truth Is that LM it .1 = forgive U=, JbI crime would still bl there, ad it would still bl an obscenity 12 itt JU= gat AWAZ With murder/ manslaughter, MQ ME PEOPLE UU SUBSTITUTED THEIR ON PERSONAL FORGIVENESS EM IU=- they forget that It Is not their place to forgive- they were not wronged; nor are they God! Jhl Purpose 2t 2a legal system J1 D" 12 foralve criminals, bU 12 punish Um, = JbI victim's forgiveness gL JA2k 21 it " n2l si 2Aft 2t ni lecal Process, For a concrete example take my push of Chief Winkelhake and ask yourselves If the legal system substituted forgiveness from Chief Winkelhake for appropriate punishment from the court. They did not, and they should not! As you look at all the decisions by so many different people which protected these officers from prosecution, you come to realize that: 1) Jh& LLt& W&U J1 LuL all-d Po I Ice off I cers dQ Protect other Po I ice officers, sU evidenced tM 1he. JAIal = = = M tested f9L drugs while bi-a killers were DDI; that Eric's killers were allowed to remain at the scene and were not sequestered; that Eric's killers were allowed to change their story without being challenged; that In fact, the killing was never treated as the police treat a killing by a citizen. 2) County attorneys b= Mak themselves sl pAU 2t Jhj2 LLy& wal I- U= vD.Ck Wj_th Jb& Po I I ce 2a A W 12 MU bas 19- U= depend 2a JUI oo I I ce 12 Provide JU= With b= tb& Peos)le 12 Prosecute ADd IM evidence Ig Prosecute them- Prosecutors Anjd jhk police = 2a jh& same =. Prosecutors fear that Indicting a police officer could destroy cooperation from that team member, and they know it ' could cost votes. Even when White was finally forced to recuse himself he showed his bias by turning the case over to his like minded Attorney General. JU CONFLICT QE INTEREST BM U EXTREME AU OBVIOUS. S) State Attorney Generals ususally JAkj -tb& zlik Qj their county attorneys, = Ja fAgj b= 2a same conflict gf Interest, Attorney Gengral Ln M I I I er IDJ-d Mp, ift $1 Phone conversat I on = tj agreed = w= bia friend M White's decision = I& prosecute, y&L Wbrn HL Miller W= entrusted wilh Presenting evidence without prejudice JA IbI matter gi gUr son's killing, HE Miller JW n2t rSg= hjj office. = chose = 2t hJ2 loyal I= members 12 opresent evidenceO 12 = Johnson County sKADd Jury. 4) Grand Juries almost never M against = wishes 2t Jb& Prosecutor Vh2 Presents nj evidence, and this grand Jury left no doubt as to their partiality for the police by refusing to even hear sworn testimony from those who would have pointed out the police lies, and who would have presented evidence and arguments that a prosecution should take place. 5) ILO 12 built iftIg jhj system Aad thl system M=1 bj changed if Justice ig ever 12 bj d= Wbn _tbl Police murder, Dj= vrotected these Police officers Al every jt= Ja jht legal Process, giving �U= sl virtual Immunity JLM Prosecution, Everyone mUll remember JhAj g= = h" = immunity fLm = ool Ice bullet, And W1 b= D2 Immunity fLM gU son's murder aW Jbj Injustice JbAt followed, One of the most blatant demonstrations of this bias for the police came from County Attorney White himself when he told a reporter that they could not rule out the possibility that Eric had had a gun, that they were still looking for the gun. WHITE KNEW THAT ERIC HAD FALLEN AND DIED RIGHT IN FRONT OF GILLSAPIE AND KELSAY- 11 WL =M b" b= holding si go JA hia haW, b& wou I d hm dizi wl-th si g= In. h1z hand, WHITE IM TM KELSAY ffa ENTEREn ERIC'S SHOP- WHITE KM = A ZE WOULD HM BM FOUND WITHIN SECONDS- Aad White kj= JhAj U ZLIja W owned sl _cna which M =I in bJ2 bAnd, AU therefore = visible I& Gillasyle, = g= would b= b= totally Irrelevant 12 jbiff case, White's own explanations of this gross misrepresentation, that he was Just being cautious and didn't see the harm of his words, Just doesn't ring true. White Is hardly a novice at talking to the media, He knows the effect of saying to reporters hungry for Information, Owe're still looking for the gun'- with Just these few words the 'it was self-defenseN defense Is conveniently planted In the minds of the media. Mr White had been to the scene- HE KNEW THAT IF THERE HAD BEEN A GUN THE POLICE/ DCI WOULD NOT STILL BE LOOKING FOR IT, THEY WOULD BE MAKING SURE THAT EVERYONE KNEW ABOUT IT, ESPECIALLY MR WHITE! Eff = PARTICULAR MM STATEMENT- WE WDM = STATEMENT EM ENTER WHITE'S Un UNLESS HE WU LOOKING, HOPING, BE = WE %M QE CHARGING THESE POLICE OFFICERS? E THERE IS GOOD REASON TO SUSPECT THAT WHITE MADE A DEAL WITH CHIEF WINKELHAKE THAT HE WOULD NOT PROSECUTE IF WINKELHAKE WOULD FIRE GILLASPIE- I WANT A COURT OF LAW TO TELL ME THAT SUCH A DEAL IS LEGAL, AND IF IT IS NOT LEGAL I WANT AN INVESTIGATION TO DETERMINE IF SUCH A DEAL WAS MADE! EVEN IF SUCH A DEAL IS LEGAL, IT IS SLEAZY IN THE EXTREME- SUBSTITUTING A CIVIL PENALU fDR CRIMINAL PUNISHMENT SHOUL OPTION COUNTY ATTORNEY. Winkelhake has stated over and over that GlIlasple and Kelsay did nothing wrong until Gillasple pulled the trigger. This statements Is a blatant acknowledgment that Winkelhake gave his officers permission to violate citizens' constitutional rights by failing to obtain search warrants before entering private property. = WHITE An WINKELHAKE IM GILLASPIE MD KELSAY HU VIOLATED 92 SON'S CONSTITUTIONAL RIGHTS IN PROCESS QE KILLING HI& WINKELHAKE ENCOURAGED = OFFICERS M BREAK = L&W, MM WHITE IGNORED THESE VIOLATIONS QE ME LAW V= HE CHOSE Nff M PROSECUTE THESE K I LLERS. U U = EM A STATE C DR A FEDERAL COURT M INVESTIGATE THESE = EM OBSTRUCTION QE JUSTICE. OUR STATE AND FEDERAL CONSTITUTIONS ARE A CONTRACT BETWEEN THESE RESPECTIVE GOVERNMENTS AND EACH INDIVIDUAL CITIZEN BY WHICH OUR GOVERNMENTS GUARANTEE THAT THEY WILL PROTECT EACH CITIZEN'S RIGHTS AS DEFINED IN THOSE CONSTITUTIONS- THESE CONSTITUTIONS RIGHTLY PLACE THE ULTIMATE VALUE ON THE RIGHT TO LIFE. JIUA aLly Police officers violate g= son's right 12 Privacy tM entering without &I search warrant, Aad JUM violated hJ2 right 12 jjfj bj shooting hIM V= a HOLLOW EM BULLET through hia heart, 11 shoving = son's g= open a= killing bjM 1A Mt A violation 21 hJ2 civil rights, �J= hg hAd n2 rights jj &U because &U other rights = meaningless it your right 12 ij�ft JM Mt sacrosanct, Q= U,& Justice Department wjU either bAyj I& prosecute J.QC these violations gi 2= son's civil rights, 2L explain 12 ita Citizens JbAj being in Your rightful space v= Your = open = unlocked robZ yDu 2t your right 12 life. and Ja jAgjt� 1U at your riahts. E&ch citizen bM a contract Wilh bjj government Ig Place An ultimate value Qa bla iift, and there ia n2 other mu 12 express jh�& value IbAa 12y Punishing those wh2 bAn killed you. Fines and settlements are acceptable only In civil cases. When the crime of murder or manslaughter has been committed, prosecution and the standard punishment are the only way for your government to fulfil Its contract with you. It a oovernment w1ij -qLyj your killers after -the -fact Permission 12 murder yDU, JUM they hA-vj violated IbAt contract, Our local judicial system's failure to punish the officers who murdered our son, and our city's acceptance of that failure have expressed their valuation of our son's life as zero. My wife and I now entreat the U.S. Justice Dept to right this horrible wrong by prosecuting the officers who violated our son's constitutional rights as they ended a life they were sworn to protect, and by so doing say to us that they, and our government, value our son's life. Jay Shaw, father of Eric Shaw I OPEN LETTER TO LEGISLATORS, OFFICIALS, AND CITIZENS OF THE UNITED STATES My brother and I recently made a trip to Washington to deliver a personal plea to Senators and Representatives from Iowa and other states that unnecessary, unwarrantable, and unprosecuted killings tM JAW enforcement officers 11 sl national vroblem which WM 2gat = many lives fX us t2 wall 12L il Jt2 b& solved = Police department Al a JIM. We told these Senators and Representatives how two Iowa City officers shoved open my son's shop door without the slightest justification, and In total violation of the law, shot him as he talked on the phone; and then how their blatant lies about the killing were ignored or accepted by the media, by Investigators and by county attorney Patrick White as these officers were given lawful permission to murder. We asked our representatives in Congress to use all means available to move local governments and police forces toward better training, higher standards, safer procedures, and safer attitudes for officers, with the goal of Instilling sl gespect for the is& in Police officers and drastically reducing the number of unnecessary killings by police. We also asked for help in forcing our criminal investigative system and our judicial system to vigorously investigate and prosecute police officers when they commit murder or manslaughter. We hoped to move Congress to help the people of this country recognize that we have come dangerously close to granting our police an unfettered license to kill us. Congress can call attention to this horrible problem with congressional hearings that allow people whose loved ones have been killed by the police to tell what really happened. The bias for the police and the fear of going against the police is so strong in this country that the local media almost always lines up on the side of the police when they commit murder or manslaughter, and the truth about killings by police officers almost never comes out, and there is very seldom a prosecution. ONE OF THE HORRORS OF MODERN DAY POLICING IS THAT A POLICE OFFICER IS BETTER OFF MURDERERING HIS VICTIM THAN USING EXCESSIVE FORCE, BECAUSE HE IS MORE LIKELY TO BE PROSECUTED OR LOSE HIS JOB IF THE VICTIM REMAINS ALIVE TO COUNTER POLICE LIES. In partnership with the Justice Department, Congress can make an effort to determine the true number of people killed without cause by the police - too many unwarrantable killings are being hidden by police lies and misleading statistics, made all the easier by vIrture of the fact that most state criminal Investigative agencies operate In total secrecy as they put together their report on killings by officers, and local prosecutors are not even required to release that report, or they can edit out anything that does not support their decision not to prosecute. SECRECY 12 ALWAYS AH ENEMY DE MORAL GOVERNMENT. Congress Itself may bear sane responsibility for the more recent killings by police officers In this country- the recent crime bill flooded our communities with thousands of young, Inexperienced, and poorly trained macho guys with guns without regard to whether there was actually a need for additional officers In that community, and many of these rookie cops are being trained by other rookie cops. Young officers should be teamed with PA seasoned vererans who not only respect the law but respect life as well. The officer who pulled the trigger had less than three years experience, yet Instead of working with a seasoned veteran, he was training a new hire the night he killed our son. If Congress is going to make money available to hire cops, they must attach chains to this money, chains that will pull police departments back from dangerous procedures and toward safe and legal operations. This money Is the way for Congress to act as a conscience for local police departments. But while Congress and the Justice Department have large roles to play in the solution of this problem, QnJy state legislators = 2ILt an gnsl 12 WhAl ba become tantamount 12 A JS_q&L right = Pol Ice 12 kj_LL UZ. As a first step state legislators M=j recognize jhjj allowIng state Police forces Ltbft 2U in Iowa) ja Investigate killings ta Police ja secret gives JUM tbj unchallengable ot)portunity 21 hiding their blasez f2E fellow Police officers = their failures _U uphold tj)& JAW behind misdirected = Incomplete Investigations, As presently written Iowa Law does not even allow Eric's family to see the full DCI report to determine for ourselves if the edited version which county attorney White chose to release is a fair representation of the whole report, or if DCI Investigators focused more on our son than on his ki I lers. Witness S&II .1 f= 12 2M 1.1p gi A very USIX Iceberg- Q2 SON'S = WM GIVEN DM T= DU = KILLERS, V= BIZZARE BEHAVIOR SCREAMED EM DM TESTING, M HQT�l Legislators will of course hear the DCI argument that operating in secret has advantages, but keep in mind that legislators could make that argument themselves, and In fact every public agency could make an argument for secrecy. Da WHATEVER SMALL ADVANTAGE. 1Z hHy, = SECRECY GIVES, ja ABSOLUTELY OVERWHELMED BY TIM IMILa WHICH SECRECY INEVITABLY L= M SECRECY ALWAYS CORRUPTS, AND ABSOLUTE SECRECY CORRUPTS ABSOLUTELY. It may be that the DCI conflict of Interest Is too great for them to Investigate fell'aw officers obJectively- after all most of the time DCI Investigators work with local police, and they need the cooperation of local police to do their Job. Milz unavoidable conflict 21 Interest .1z reason enough by itself ja = Jb& secrecy 21 = Investigations = 12 mandatC IhsLt nj fuU DU report ga Police crimes DI Madj vubl Ic. State legislators must also come to terms with the fact that giving even small slices of absolute power to anyone, including county attorneys, will lead to evil and inJustice, and is contrary to two of the central concepts on which our country is founded, "checks and balances", and "peer review"U. As witness to that danger consider that COUNTY ATTORNEY WHITE WAS ALLOWED TO RECANT HIS ACCEPTANCE OF THE *FLINCHN VERSION OF OUR SON/S KILLING, WHICH HE HAD GIVEN AS HIS REASON FOR NOT PROSECUTING, AND TO DO SO WITHOUT EXPLAINING HIS CONTINUING FAILURE TO PROSECUTE IN LIGHT OF LATER STATEMENTS THAT HE BELIEVES THAT GILLASPIE FIRED HIS GUN INTENTIONALLY. Legislators MUST establish some form of review of county attorney's decisions In extreme cases. 3 As further evidence of the danger of unreviewable power, consider that when Judge William Eads called for a grand jury Investigation Into the killing, and ordered that White be replaced by a special prosecutor on the grounds of conflict of Interest, White and Attorney General Tom Miller challenged that order. ALTHOUGH CONFLICT OF INTEREST WAS OBVIOUS, AND WHITE HAS MADE HIS POLICE BIAS UNMISTAKABLE BY HIS ACTIONS AND STATEMENTS, the Supreme Court of Iowa inexplicably upheld that challenge, returning jurisdiction to White. For the sake of appearances White asked Attorney General Tom Miller to take over. TM Miller, Wh2 hag M"g it crystal clear IQ Me. Ja An earlier Phone conversation = b& accepted without reservation White's decision Dal Ig Prosecute, W= III& directing tbl *prosecution'. THIS SYSTEM ALLOWED A MAN WITH GROSS AND VERY PUBLICLY DEMONSTRATED BIASES FOR THE POLICE AND FOR HIS COUNTY PROSECUTOR TO CHOOSE A LOYAL TEAM PLAYER TO PRESENT 'EVIDENCE@ TO THE GRAND JUIRY- THIS WAS AN OBSCENITY! Not surprisingly the grand Jury followed Its cues from the "evidence presenterO and took the easy way out, FLAUNTING ITS BIAS TO AN OBSCENE DEGREE BY REFUSING TO EVEN HEAR SWORN TESTIMONY FROM THOSE WITH EVIDENCE AND INTERPRETATIONS OF THE EVIDENCE THAT RAN CONTRARY TO THE POLICE VERSION OF THIS KILLING. L2ul Prosecutors b= j1 conflict gi Interest which causes M= Ig utterly f&U 12 upbold 2a JAX-- local Prosecutors view 21 Police An IM members because in almost every prosecution 21 Police Provide U= With b= Ik people 12 Prosecute ",a Jhl evidence 12 prosecute them, LEGISLATION IS REQUIRED THAT TAKES PROSECUTION OF POLICE CRIMES COMPLETELY OUT OF THE HANDS OF LOCAL AND STATE PROSECUTORS, AND ENTRUSTS THAT RESPONSIBILITY TO A SPECIAL PROSECUTOR WHO HAS NO TIES TO POLICE AND WHO IS GIVEN THE MANDATE TO MAKE SURE THAT POLICE DO NOT RECEIVE FAVORED TREATMENT BY OUR JUDICIAL SYSTEM. Because 2J mandated secrecy, arand Juries al2g h= 112 Place in Investigations 2t Police crimes- another Public JiLu system which operates la JkU yJ" 2J = public Im essential 12 avoid = dangers 2t secrecy, THERE 12 N2 OTHER VM IQ ENSURE I= BIASES VJU I= CONTINUE M DQ THEIR EVITA %M Of SIGHT. When police commit murder or manslaughter, as defined by law, their crime almost always goes unpunished because of a gross bias for the police which has infested our country, and because of gross flaws In our judicial system which allows this bias to do Its work. This bias comes from thinking too exclusively of the police as good guys In a 'war against crimel- this unfortunate phrase has encouraged the general public to think In terms of war, where the normal rules of civilized action and behavior are suspended. But we are not In a wC on crime, and we should not allow our police to think of themselves as an army. When the police descend to warlike behavior, law abiding citizens suffer great harm, and If we legalize and standardize such behavior In our police, our lives and our freedoms are at great risk. Our Founding Fathers and other great men of America ensured that the Constitution and Its Amendments protected this country's citizens from the always overwhelming power and Intrusiveness of the state, with special restrictions aimed at officers of the law who have the capability of doing 4 the most damage, and In fact who can Inflict the ultimate wrong, death. America's Constitution places a great sanctity on a man's home and his person- anyone who has had their home or their person violated understands the terrible need for this sanctity. IOWA CITY POLICE OFFICERS LOWERED THEMSELVES TO THE LEVEL OF COMMON CRIMINALS WHEN THEY SHOVED OPENED OUR SON'S DOOR WITHOUT A SEARCH WARRANT, AND THEY BECAME MURDERERS WHEN THEY SHOT HIM TO DEATH AS HE TALKED ON THE PHONE. THERE WAS ABSOLUTELY NO PROBABLE CAUSE THAT WOULD HAVE ALLOWED THEM TO EVEN GET A SEARCH WARRANT, AND THERE WAS ABSOLUTELY NOTHING OVERRIDING THE REQUIREMENT FOR A WARRANT. ft entering g= son's Zbgg Illegally And killing him without reason these officers demonstrated beyond anyone's doubt Jail whi I= aaalnst unreasonable searches were written, = these JAO offer absolutely n2 protection 11 violations gf U= = W& t)rosecuted, MM JE WE LEAVE TH 02 QE PROSECUTING TM POLICE IN TZ HANDS QE PEOPLE = COUNTY ATTORNEY WHITE MM ATTORNEY GENERAL = MILLER, = NEVER KUL Dz, QUL local police chief. RJ. Winkelhake. bn gAid over ad over JhAJ Jht min whg killed g= = did nothing wrong until bi pulled = trigger Iowa City's chief of police does not even know or more likely does not even care that search warrants are required before officers can enter private space - It does not even bother him that his officers shoved open our son's door without the slightest probable cause and without even thinking about the safety of someone Inside, and It does not even bother him that his officers violated one of the most sacred laws we have, the law protecting us from the intrusiveness of government and government police forces. AND IF WINKELHAKE'S ACTIONS AND ATTITUDES ARE NOT HORROR ENOUGH, CONSIDER IOWA CITY COUNCIL MEMBERS' REACTION TO THEIR POLICE CHIEF'S GROSS DERELICTION OF DUTY. BEFORE MURDERING OUR SON WINKELHAKE'S OFFICERS VIOLATED OUR SON'S FOURTH AMENDMENT RIGHTS, AND THE CHIEF CAN SEE NOTHING WRONG WITH THAT, AND COUNCIL MEMBERS HAVE SO LITTLE RESPECT FOR THE UNITED STATES CONSTITUTION THAT THEY PRAISE A MAN WHO DIRECTED HIS MEN TO VIOLATE CITIZENS' PRIVATE SPACE. THE FACT THAT A POLICE CHIEF WILL MAKE PUBLIC STATEMENTS THAT SHOW HE DOES NOT HAVE THE SLIGHTEST UNDERSTANDING OR RESPECT FOR THE PURPOSES OF OUR CONSTITUTION AND THE INAILENABLE RIGHTS IT GRANTS TO CITIZEN SHOULD BE A CLARION CALL OF DANGER TO EVERYONE, AND ESPECIALLY TO LEGISLATORS WHO HAVE A SACRED DUTY TO LEGISLATE AND EDUCATE THIS COUNTRY BACK TO A RESPECT FOR OUR CONSTITUTION AND FOR OUR LAWS. Eric's shop was his sacred space, a parents' gift to their son, and our legal system to date has put no sanctity whatsoever on Eric's protected space, or on his life. The local prosecutor, the state supreme court, the state attorney general, and a local grand jury were all moved by considerations other than justice, Our last hope for justice for the police officers who killed our son lies with the U.S. Justice Department. One of the most horrific and frustrating aspects of our local judicial system's failure to prosecute our son's killers has been the fact that so many people have been allowed to tell so many blatant lies that were not 5 even noticed let alone challenged- THE BIAS FOR THE POLICE IS SICKENLY OBVIOUS! The two officers involved were allowed to lie about several important and material facts regarding the events of August 30, 1996- 1 have detailed these lies In "WHY THERE SHOULD BE A PROSECUTION". One example will give you an Idea how brazen these lies have been: several weeks after the killing, when the chief could no longer Ignore widespread criticism of his officers failure to obtain the required search warrant, = 2bicl 21 Pollee stated JhjLt hia off Icers hiLd gnj.X Intende Ig 12gk in, n2l Ig enter Eric's shop, Everythina about areviouS behavior 2t jhj JM Qjj Police, Aad ZC situation Itself gives JUM 1.1A 12 Jb" statement, A= jhj = = = 2t hjZ officers, while standing in = doorway, -&Ift sl bullet J= MX son's abm Aad through My. son's heart makes Jbia lit obscene. When police officers lie and their superiors do not condemn their Iles, and even JDja U= in their i1o, these officers bring harm to their profession because they destroy the credibility of police In every situation. Police can not lie when It suits their purposes, say when they are questioning a suspect, or to cover-up their own crimes, and still expect juries and judges to believe them when they give testimony In court. Lying by police destroys their effectiveness as witnesses. W Simpson M A011 12 =1 away y= murder J1 p= because volice J2 jhjz country bAXI Mmk Ivin sl JD�gj gt their trade and because Qt 0& many national scandals where Police bA_v& b= caught IvIng, and specifically because one L.A officer ]led about some inconsequential things. The mountain of evidence against Simpson eroded to nothing In some jurors' minds when they could not believe the police who gathered and presented the evidence. Please understand that the decision not to prosecute our son/5 murder has sent a message to all who know the truth about this killing that Eric's country places no value on his life, and that the police have a legal right to violate anyone's property and kill them, and that g= government W.Ul = Protect ja IM = Police. The decision not to prosecute has also enforced a belief that has infested many minds In this country, that police lives are more Important than the lives of people they are sworn to protect. Unnecessary killings, unwarrantable killings, unjustifiable killings, even executions tM Police officers Ja Jhjj country h "y cone unprosecuted, ADd = message IQ = Pol I ce JZ c I ear, k I I I I no 12 pAa gi y=t J_QL, ygU gsm gel away y= J1, 11 there 12 jj statistical advantage 12 firing first An�j checking J.QL danger later, DQ J_T�l IOWA LEGISLATORS MUST UNDERSTAND THAT INACTION AT THE STATE LEVEL WILL ENSURE THAT UNPUNISHED MURDERS/ MANSLAUGHTERS BY LAW OFFICERS WILL CONTINUE UNTIL ENOUGH PEOPLE ARE KILLED THAT THE PROBLEM CAN NO LONGER BE IGNORED, OR UNTIL ONE PERSON OF SUCH PROMINENCE IS KILLED THAT HIS MURDER CAUSES A MEDIA STORM. If Eric's killing and the inJustice that followed do not scare legislators, what will It take? VJU 11 hj= Ig ta your zDa If the US Justice Department does not right the wrongs done at the state and local level, and allows these officers to get away with murder (manslaughter?), then the Justice Department Is condemning more citizens to death at the hands of the police. The Justice Department will not soon get a more clear-cut case of murder and lying by police officers and lying and obstruction of Justice by the police chief and the county prosecutor. A Prosecution gi 1he officers A0 their chief = U& county attorney wjJ_L agna sl clear = Powerful message 12 police forces and officials across tb& country JbAt _U= M= operate within Jb& I", QL �U= Vjjj D& Prosecute under Jbj JAH. Prosecuting our son's murderers will also do the only thing that Eric's country can do for him now, give his parents reason to believe that their son's life and the lives of citizens throughout the U.S. are valued by those who represent us In our government. CITIZENS OF IOWA, PLEASE LET THE JUSTICE DEPARTMENT KNOW THAT YOU WANT TO SEE THE LAWS OF OUR LAND UPHELD AND JUSTICE DONE FOR THE MURDER OF OUR SON. PLEASE WRITE OR CALL YOUR STATE LEGISLATORS AND THE GOVERNOR AND TELL THEM THAT YOU WANT THEN TO ENACT LEGISLATION THAT CALLS FOR A SPECIAL PROSECUTOR EVERYTIME A POLICE OFFICER KILLS SOMEONE. THIS LEGISLATION WILL ENSURE THAT THE FAMILY OF THE NEXT PERSON WHO IS MURDERED BY POLICE DOES NOT HAVE TO GO THROUGH WHAT WE HAVE ENDURED ATTEMPTING TO RECEIVE FAIR TREATMENT AND A SMALL MEASURE OF JUSTICE. Y= LOCAL LIBRARY W" PROVIDE ADDRESSES MD EM NUMBERS QE = LEGISLATORS. C. i �, -JIL4 AM MUSPA Honorable Janet Reno Attorney General Dept of Justice 950 Penn Ave N.W. Washington, DC 20530 Phone- 202 514 2171 Fax- 202 514 4371 Bill Lann Lee Assistant Attorney General Civil Rights Division Dept of Justice 950 Penn Ave N.W. Washington, DC 20530 Phone- Fax - Kathleen Brandon Trial Attorney Civil Rights Division Criminal Section Dept of Justice P.O. Box 60018 Washington, DC 20035 Phone- 202 514 3204 Fax- 202 514 8336 Taking these small actions now will save lives, possibly your own or the life of a loved one. Jay Shaw, father of Eric Shaw 11he Dalk liltp �%�%% tiio�%a cdu dkio\�azi smic % I ;'' 1 ;1, stories AO503V litilil EDITORIAL Review board vital to city's future The Police -Citizens Review Board held its first public forum on July 16 to "learn if the 16wa City Police Department's performance is in keeping with community standards," as stated in its mission statement. Just a few minutes at the inaugural meeting showed how vital the review board is to the future well-being of the Iowa City community. Speakers raised some very serious issues and concerns that need to be addressed by the police. These issues range from questions about racism and intimidation by the police to the use of force and the infamous Eric Shaw case. With Iowa City being one of the most educated communities in the country, it only follows that mature, intelligent dialogue is the best way to give important matters the attention they deserve. Hopes run high that the efforts of the review board will ease the tension between some members of the community and the police. But public discussion can go only so far; action must be taken at some point to make change happen. Here are some suggestions that would make the review board more effective and, in the long run, improve the relationship between the community and the police. No. 1: Remove the "Sunset Clause" in the review board's ordinance. The clause mandates that the board be terminated after three years unless re-enacted by the Iowa City City Council. The review board needs to be around at least as long as the police department: forever. There will always be community issues to address and improvements to be made in the police department. The police need to be kept abreast of these issues and concerns. The community also plays an important role in making sure the police work according to procedure and the community's standards. No. 2: Publish a layperson's guide to police policies, procedures and practices so the community can have a greater awareness of them. While a copy of the police department's manual is available for public viewing at the civic center, the language is incredibly technical and filled with bureaucratic jargon. It would be much easier for the public to understand a manual written in everyday language. No. 3: Allow the review board to respond to a speaker's comment or question. The board is supposed to listen objectively and then present concerns and issues to another panel for further review. However, it would be helpful for the community to get a more immediate response. This way the speaker feels his or her message is heard and understood. No. 4: Publish a brief report on its progress implementing changes and investigating issues within the police department. This way the community can be sure that its concerns are being addressed and taken seriously. By following these suggestions, the review board could go a long way to improve the relationship I of 2 7/20/99 9:37 AM WiQ i)atl% [owan Intp mm%a.edu dhwN%an ISSUC % 130 30 sn,ric% A0503V.htmi between the police and the community. The review board will hopeUly become a critical part of the community� its presence and role, to encourage the public to speak freely and address issues of great concern to them, is long overdue and greatly appreciated. Rachel Ballweg is a DI editorial writer. Title: Review board vital to city's future Page: 5A Date 7/20/98 f Hovac Search Front Metro & Iowa Nation & World Yiv� �nts Spoqs Ag�- j Copyrig 1996 The Daily Iowan. <http://www.uiowa.edu/-4yiowan/> 2 of 2 7/20/98 9:37 AM cc pis,L CM $-4 C) Go Its M -,M it -s I - I a a's .2 06 =-a a ;Ng En Olt Ito .a W w �- I wor (4 it it 00 I.I. . er 6 00 10 -'su I . I V Ma CC 9 to CL 9. 1.. 8.6 -, 2 ; A :go E 7E Is 0 73 E Eta E F 00 -i 00 1 .4 4 6 a I & Us 1; teT 8 .c ES 31.1 Z, 9 gu Qd ul CA 03 jog *Sun., Juiy 19, 1998 11A ONNOUNNOWNW� CL CL W lam nag r. 9: � t w w >"t4 r -V id 4 §1 �11 OA E -a 1� "W a 'I E-2 -el CO3 .0 4) 0 9 � co 5 t Oa 0 cp w cow — =.5 M tz a > 0 ir= q C-6 So -0 w SEP 4 ' , 0 .0 �: 0. .51 r R:.0 Z rw 0 M, =w "w .�Z-i=w =0 a-- -Ori 0 r W;E w - . tc , a .0 0= ca _W OW z 0 Ow E=� >' 0 w 0 0 'aa 0 E a 'c 0 ow ro r WE gr >g A -zi wo r w. 25%.z ws COL. 0 w co a z E- Ow C Cd I a i =,a to it 0' r 20 Q'.E >' 'M tae— C P, r- 4� 2 10 s lop 79 0 0, cd -C� Z:i 0 0 a >Wg -104 g'�4 =a a �o :E cd v > 0 t3 a� m -. ' O'w m '9 -s v . 4 g 2 to 8, tt M I — 0 -C� Z q, a, � . -0 � >�= E r Q ts Xco w 0 1 : -'t 9 E w r 0 b , > r a r w w w> L wo P: -:9'0 Afg,02- E 'I E S' U a wo= s- . U 0 0 . 0, 0 :0, 0 M 5 0 = w W�Uw ED Q -4.2 QWA C 4) Ef _�w = ro- co 8.5 �s E-.E P� --s S2. w a 0 Cd >'.. > -zoo 0 tr >1 0 4, > 0 a MAW z gw . W> >= 41 ID = .8 0 r '0 E- E =' 5 " � Qv 4 Q'A r , M am E- > : 0 a V.E w 4 r �o E .8 > a M I w or 0 bo W�'c -0 -C w a 0 a 0 a w r 4, c 0 co 0� -0 � a w w co x m Qbg rw-=. -ag q R: >W 4.E �o A C* r- 0' B: r 0 -05 0- >a E a 0.0 0 w WU � >,w W.2 .= en 20---a-0 Z= ,r 0 Cod r, OW "M a 'MD M a r, .1e , , " = — W 0 r 0 E t 0 — e 2 r- - e -0.=w r '� w ="�- 0 CL U) 'Wo 0 .0 —MEE a. E 08 Ev CCL "E r ow. w r C 0 E a W 0 C)�= 0 0 = �� r E c i� .4 t " t __4 v " t Z' Cd 'D w r -o xw 0 r 0 C :3 E 0 0 02 -r r a Ld �>.= L' r w M r � z c C.�! C � 2 . CR-COPPS ALSO emphasizes communication between police and other public agencies — city housing inspection and animal control, and county and state family services, for example. .Harrison mentioned a rentedl house whose occupants havel drawn complaints of loud par- ties and heavy traffic. After a� rheeting with the landlord failed: to produce results, city housing' ilispectors were called in. They fbund some 'broken windows s�jd other housing law viola-' dons. :So Harrison checked (M" to-01AAhOL proper citatiou for a letter to the rd. "I'm going to senrbim tt!=� Correctional Services, which' has landed a $28,000 federal grant to hire a police officer who will work with parole and 11robation officers out of an of-� flee in a Cedar Rapids neighbor- hood. Probation officers have knowl- edge about criminal histories that police can use to fight day-to,day crime. The team will track parolees and probationers �USPeCtP(t ot re -offending. 'We re really looking at that neighborhood connection," said Gary Hinzman, director of 6th Judicial District Department of Correctional Services. Byrne said that police across the country began discussing alternatives to the by -then tradi- tional preventive patrol tactics decades ago. In 1973, researchers tracked crime trends in three Kansas City neighborhoods. One area received preventive patrol, and another received three times the nonnal levels of police patrol. In, the third neighborhood, officers left the area after handling thi call that had brought them there. "Researchers found no signifi- cant differences in crime or fear of crime in any of the areas," according to a report prepared by the Community Policing Con. sortium, an information clear- inghouse in Washington, D.C. COMMUNITY policing ained p g 0 momentum with the ass!a e of the 1994 federal crime bill. Re- flecting the political priorities of President Clinton and Congress, the bill created the Office of Community Oriented Policing Services (COPS) within the De- partment of Justice. COPS has distributed more than $3.6 billion in federal aid to 9,000 departments to adopt com- munity policing techniques. It's part of Clinton's 1992 campaign promise to put 100,000 new offl- cers on the nation's streets by 2000. Police Chief Byme credits the federal program with hastening a change that would have hap- pened anyway. "It was sort of a catalyst and probably sped things up, but I think this change was inevita- ble," he said. "Officers across the county were becoming too much isolationist." Byrne is happy with his de- partment's measured pace in adopting community b 'ig* "This is the ground floor, but ,is S", I haven't seen probler , he said. "I think that is definitely a ,strong indication things are moving slowly and smoothjV.11 0 40 0) 16A The Gazette, Cedar Rapids, Ima.- Sun., July 19, 1998 E,6 6 d; (D "a 0 4 =— >2 r � — :3 0 0 C4 -'g a cd I . m o - *U ow x 0 MG Elv� � m 1311 0 m S 0. cd > 0,0 16 E- cd P E t w 0 '001 co > 0 WN II: �Q ;Z� L % its S 3: -4 Ii > 0 CIS 0 cd P. 0 t w > 0 r. Mo—Z � 0 0 40 r cd 0 ow 0.4 - > r 06 Cd >1 > Q 0 0 ".in �:.m —0 W-Z: r �o �:41 W� 0 OV 0 t 0 01 05 0 0 2: toe > 2 E- >'O� r5 0 0 MO m 5 to.0 0.0 . 0 0 w w co 0 2 '0 (,&=U 0 1 ' E -= -.4 r c c lip. Pago 3A Wednesday, July 22, Local 11.9. Iowa City Press-Cihzen 0 Session fights domestic abuse Police train to ease process of dealing with violence By Lariew Ulstaid Ae Press -Citizen It is a crime that happens 365 days a year. It is a crime against a person. And it is frustrating for all parties involved from the vic- tim to the prosecutor. Iowa City police officers will finish a three-day domestic vio- lence training session today in hopes of making the process run a little smoother. Last year, 105 reports of domestic abuse were made to the Iowa City Police "tepartment. In 1998, there have ready been 73 reports made. Capt. Tommy Widmer said domestic violence is one area where the laws are rapidly changing. He said it is tough enforcing the laws, but very important. Widmer said it is important for all of the officers to have the proper information when handling domestic cases. Crisis hatlines M Domeaft Violence Interverifion Project Crisis Lkm: 351-1043 and I - 8OD-373-1043 Domestic abuse calls wedif- ficult to handle, he said, because they are unpredictable, erno- tions are numing high, relation- ships are going on, and a lot of time and energy are invested. Iowa City Police Chief R. J. Winkelhake said the training is for the entire department. Officers from the Johnson County Sheriff's Office, Coralville Police Department and University Department of Public Safety also were invited to attend. Pete Conis, an instructor for the Iowa Law Enforcement Academy, said officers are reviewing domestic violence materials, codes of law and issms of dealing with victims, as well as learning about immigration laws and how to select an interpreter Conis has been in law enforcement since 1973 and has a PILD. in sociology from Iowa Statie University. Fbr the W year and a hsK he has provided train- ing on domestic abuse to in= than 3,000 officers, advocates and attorneys through the S.T.O.R Violence Against Women Grant. Krim Fatmann Doser edu cation director with the Domestic Violence Intervention Progrant, said police am required by law to inform vicurris of their rights. 'There is a Domestic Abuse Response Team made up of a staff member from the Johnson County Attorney's Office, the police department and DVIR Fortmann Doser said DART See DOMESTIC/4A DomestidA41 From 3A increases the quality of invesuga:rn" support services, and make sure e are no holes in the process. �he referred to a new report, I ike a check list, for domestic violence cases. The new forms lay out the information that needs to be gathered and are mor i e effective, Fortmann Doser said. Laura Roan, an assistant attorney general, talked to officers about new legislature and threat assessment. One of her primary duties is with the Prosecuting Attorney Training Counsel. Roan discussed with officers a strangulation study done by the San Diego City Attomey*s Office where more than 300 cases of domestic vio- lence with choking were reviewed. A large percentage of the % ictims did not show visible injuo, She said it's part of the control issue for batterers. It's saying- "I can take you just to the brink .. then decide whether you will return, - Roan went over new laws and sce- narios with officers. There is manda- tory arrest in domestic assault cases, but not in all assaults. There are measures officers can take to further protect the victim from the abuser. For instance, in cases of stalking or harassment, no contact orders can be put into effect for five years instead of the usual one year. Fortmann Poser said over the last five years she has seen a dramatic increase with the shelter. outreaches and crisis calls. "Domestic violence as an issue has come to the forefront in many com- munities:* she said, "Fhere are more people looking for accountability and resources for the victirns:'