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Home My WebLink About10-20-1998 ArticlesThe Daily Iowan, Monday, October 19, 1998, page 1 A & 7A Boards. Police action `vicious,' not racist a The Police By Rebecca Anderson AtRens' The Daily Iowan review Board Although the Police Citizens' Review ,as upheld a Board has found that a police officer treated Faith Walker and her family in "vicious" "violent" omplaint a and manner during Jalnst a a traffic stop, it stopped short of deem- ing the incident racially motivated. The board's report states that Batcheller used "poor procedure" when he stopped Walker, who is black, for allegedly running two stop signs. The board announced its support of Walk- er's complaint in an Oct. 16 report. Race was not involved in the board's decision, and the language of the alle- gations submitted by Iowa City Police Chief R.J. Winkelhake did not mention race, said Leah Cohen, board chair- woman. "We did not find anything to support that allegation," she said. 14 I just knew that they would see the truth. — Faith Walker, who filed a complaint with the Police Citizens' Review Board Instead, Batcheller's appearance as a task force member was a main factor in the board's decision to uphold Walker's complaint, Cohen said. Faith Walker said Batcheller, a mem- ber of the Special Crimes Action Task Force, was in an unmarked car and in plainclothes, which confused her dur- ing his approach to her car. Batcheller acted as though she and the "There was no way this tactic was other occupants of the car were break - going to produce the desired results," ing the law before talking with them, the board's report stated. "On the con- she said. trary, it unnecessarily escalated the sit- Batcheller has denied these allega- uation," tions but refused to comment specifical- The board's report is only a comment ly on the case. on the way Batcheller acted during this Now that the report has been issued, one particular traffic stop, and it does the board is leaving it up to the police not necessarily serve as a critique of department to handle the case, Cohen the entire task force or its methods, said. The board has no authority to rec- Cohen said. ommend or perform disciplinary While Faith Walker's attorney, David actions on the officer. S. Walker (no relation), said he under- So far, the internal investigation con - stands the task force mustfollow cer- ducted by Winkelhake has suggested tain procedures in its investigations, he that a supervisor review safety issues questions its methods for future traffic with Batcheller. But because these are stops. I personnel issues, Winkelhake said, he "It does seem odd to me that they cannot discuss how he will handle the would (pull people over while wearing situation. plainclothes), but I'm sure they have Faith Walker said she is considering their reasons," he said. "If this is the filing a civil suit against the city way it's going to work out in the future, based on the way she said A Batcheller treated her. it's going to be counterproductive." Faith Walker said she is pleased by the board's decision, which she takes as a sign it is fulfilling its duties and mak- ing it easier for citizens to communi- cate with the police department. "I just knew that they would see the truth," she said. "I hope this just makes him (Batcheller) stop and look at things." The focus of the incident has turned to the way in which the police treat cer- tain segments of the community rather than outward racism among officers, said David Walker. "(Racism) is a harsh allegation to make," he said. "But race is only one factor of this incident." Faith Walker's concern about racial discrimination stems from the officer's alleged suspicion that a crucifix one passenger was holding was a gun or drug paraphernalia. Faith Walker said "One day we'll see how it goes and where well go from here," she said. "But the decision is definitely a start in the right direction." David Walker said this decision would have a positive impact on her case, if she were to pursue it. He said he questions the useful- ness of the board if offending offi- cers aren't adequately punished. "What's the whole purpose of this board if there are no penalties?" he said. of reporter Rebecca Anderson can be reached at raanders@blue.weeg.uiowa.edu The Gazette, Cedar Rapids, Iowa: Sat., Oct. IT, 1998 36#�- Board: officer acted wrongly By Lynn M. Tefft Gazette Johnson County Bureau IOWA CITY — The Police Citizens Review Board has determined an officer acted unrea- sonably when he tried to pull a 15-year-old boy from the back seat of a car stopped for a traffic violation. The decision contradicts one by Police Chief R.J. Winkelhake, who determined the officer did nothing warranting discipline. Winkelhake was unavailable for comment Friday. The board's report, which does not identify the officer or the complainant, was issued to the City Council on Friday. According to the report: The officer pulled over a woman for running two stop signs and, as he approached the Car, he saw the woman's son pass a metallic object to her nephew in the back seat. The officer opened the back passenger door of the car, ordered the.;bpy�:,to show him the object, then demanded the nephew get out. The officer tried to pull the nephew from the car. The officer said the driver's son hit him. After threatening him with pepper spray, the officer arrested the son for assaulting an officer and interference with official acts. IOWA CITY The driver, who was cited for running a stop sign, stated her son held one of her nephew's hands to keep him in the car but did not hit the officer. Backup officers searching the car found no . contraband and determined the boys' object .. was a crucifix. The board, after a monthlong investigation, concluded the officer's actions unnecessarily escalated the situation, were poor procedure and created a hostile and adversarial climate' for law enforcement. "Though it turned out to, be innocent, an appropriate attempt to secure the evidence and , the scene would not have been improper," the board's report continued. "Pursuing that • evi- . dence is part of the officer's job. But proceed- ing as the officer did here was not appropri- ate." The board overruled the woman's complaints that the officer used profanity. As for the contention that the charges against her son are ; unwarranted, that will be decided in court, the ` board stated. A0803V.html .,.,...,_ I%VUVJ Letters to the Editor DlsDlay & Classified Advertising: Subscription Info DI Staff Copwieht 1996 The Daily Iowan. Copvrieht1996 Associated Press. WEDNESDAY October 14, 1998 All drunks aren't criminals The Iowa City Police Department has not started off the school year with much support. It has been ridiculed for targeting students when enforcing laws and committing wrongful traffic stop procedures. Another complaint to add on the list is to a good law gone bad. The public intoxication law is placed in the community for good reasons. Walking home drunk is not safe. Inebriated persons could bring harm onto themselves or others because their judgment is impaired. However, this law doesn't leave many choices for those leaving the bars late at night. A person has the choice to call a cab, assuming she has money left over from the bar. She has the choice to call a fiend, assuming she can remember the friend's number and the friend doesn't mind getting phone calls at 2 a.m. Then there is the choice to walk home and risk getting a ticket for public intoxication or drive home and risk getting a ticket for Operating While Intoxicated. The punishment for public intoxication is 30 days in jail or up to a $100 fine. The minimum penalty is a $50 fine. For drunk driving the penalty is more harsh. A mandatory 48 hours must be spent in jail, and the fine is $1,000, $500 of which can be waived if no damage was done. The driver's license is revoked for 180 days, after which the defendant pays $200 for a victim -restitution fee and needs to get high -risk insurance in order to legally drive again. The criteria for getting a public -intoxication ticket are to be drunk or to "act drunk." And a person can get a ticket for being drunk while still sitting inside the bar. Drunk people tend to get out of control, and if they are the ones causing danger, they should get a ticket. But the ticket should not be for drinking. The law should focus the public -intoxication's criteria on being intoxicated and disturbing others or being intoxicated to a point that is out of control. The current law leaves too much discretion to police officers. They I of 2 10/ 14/98 10:2 A0803V.html ❑tip:uwww.uiuwu.euu.oue- iywwmv.eeuw. uuu. „�...uc...wuu........... can generate revenue off people who go to the bars for a few drinks and then decide to walk home instead of getting behind the wheel. If the police are going to take away choices from those who frequent the bars, they should be more selective with criteria of the law or they should give patrons another option to get home safely. Ellen Nicholson is a DI editorial writer. Title: Page: 8A Date: 10/14/98 Today's Paper: [ Front Metro & Iowa Nation & World ViewpointsVioMpatints Sports Arts 1 2 of 10/I4/98 10:29 AM A0803V.html hllp://www.uwwa.wu:ow—u�powwu ��aua„ r ..ram, � , „awe �.,a.,vow r .0 the Editor DDii play & Classified Advertising Subscription Info DI Staff Covvfightl996 The Daily Iowan. Copyright 1996 Associated Press. WEDNESDAY October 14, 1998 All drunks aren't criminals The Iowa City Police Department has not started off the school year with much support. It has been ridiculed for targeting students when enforcing laws and committing wrongful traffic stop procedures. Another complaint to add on the list is to a good law gone bad. The public intoxication law is placed in the community for good reasons. Walking home drunk is not safe. Inebriated persons could bring harm onto themselves or others because their judgment is impaired. However, this law doesn't leave many choices for those leaving the bars late at night. A person has the choice to call a cab, assuming she has money left over from the bar. She has the choice to call a friend, assuming she can remember the friend's number and the friend doesn't mind getting phone calls at 2 a.m. Then there is the choice to walk home and risk getting a ticket for public intoxication or drive home and risk getting a ticket for Operating We Intoxicated. The punishment for public intoxication is 30 days in jail or up to a $100 fine. The minimum penalty is a $50 fine. For drunk driving the penalty is more harsh. A mandatory 48 hours must be spent in jail, and the fine is $1,000, $500 of which can be waived if no damage was done. The driver's license is revoked for 180 days, after which the defendant pays $200 for a victim -restitution fee and needs to get high -risk insurance in order to legally drive again. The criteria for getting a public -intoxication ticket are to be dnink or to "act drunk." And a person can get a ticket for being drunk while still sitting inside the bar. Drunk people tend to get out of control, and if they are the ones causing danger, they should get a ticket. But the ticket should not be for drinking. The law should focus the public -intoxication's criteria on being intoxicated and disturbing others or being intoxicated to a point that is out of control. The current law leaves too much discretion to police officers. They I oft 10/14M 102 A0803V.htm1 nuP:uwww.wowu.cuu.ow-utyw"r Vlbbuw v uu, 1,„-11-11—............. u can generate revenue off people who go to the bars for a few drinks and then decide to walk home instead of getting behind the wheel. If the police are going to take away choices from those who frequent the bars, they should be more selective with criteria of the law or they should give patrons another option to get home safely. Ellen Nicholson is a DI editorial writer. Title: Page: 8A Date: 10/14/98 Today's Paper: l Front Metro & Iowa Nation & World Viewpoints SI)orts Arts 1 2of2 I0/14/98 I0:29 AM