The URL can be used to link to this page

Home My WebLink About10-27 & 29 ArticlesThe Daily Iowan, Monday, October 26, 1998, front page and 7A Students encouraged to speak out on police ■ The Police Citizens' Review Board is set to hold its second public forum Tuesday night. By Zack Kucharski The Daily Iowan If UI freshman Mike Fleming had an open microphone, he would tell the Iowa City Police Citizens' Review Board that police procedures and board decisions need more publicity. "The whole complaint process needs to be more public; it's really hidden," he said. "The public should know about it, and results should not take months to develop" Student feedback such as Flem- ing's is just what members of the board are looking for at the second public forum, scheduled to be held at the Newman Catholic Student Cen- ter, 104 E. Jefferson St., Tuesday at 7 p.m. The open -microphone format will allow feedback from both stu- dents and residents about the Iowa City Police Department. Leah Cohen, the board chair- woman, said the board is hoping to generate student input regarding the police department. Students did not have the opportunity to speak at the first forum in July because most of them were on summer break. "The students are a large popula- tion in the city, and we need to hear their voices," Cohen said. "We want to let them (students) know what we do — a lot of students don't even know who we are or what our pur- pose is. I expect that we will hear both good and bad things." Recently, the board upheld a com- plaint that a traffic stop made by police Officer Paul Batcheller of Faith Walker, an Iowa City resident, was "vicious," and that Batcheller used "poor procedure" during the stop. The d, ,.ision on Oct. 16 was the See POLICE, Page 7A roo « °' o of °.� m o o•'C °.0 ,ov ` o rU/i U Cu G.U.+ c0 � .'�., " ,,~O„ d u O •� � `' 4 a 7 y N �pp O E o 7 A C aCi c0i Oo'a� -0 �Yx.cw�a3 y�Nl]U��Q,t C tiU UU•a C1 0�� a M Z ZM m TY 'y ai N.G .°p G$ a0.i '0;0N ,L FU N,o,, COC ox ro=� ,o .0 0-0 vi ,,d, o� p o L' �G �°• E i o aCi Y o ,n d G, •� O C c. p• _.� �.0. onU a�i .0 .d Cy LN.7' EauiUO��'OUu o o u 3 0> aC m m xc.°m3 EomE c .•• w ro m 0 0 ro y C U 7K cUi v ro ro U 6 aCi > i. v aro > dEa c w �myoeoc" ro 7 r°1. u> po rvi m v N O ,y. a>i z a+ C L o i d xQ c' o d ° —0mF bo� of m •ow m uv„ o. ,., mx ^o a N W F-�1 d vo .+,�o•o royT,.� � o f o y .o .o .v,, ❑ �U m a V � 03 '„ CE.CCOV] 0�7 „~� ro G H o ro d v v v ro ai [y`_ o,� o,S > o •n �, C v m d.. w y 4 •c .c ro E u a .cG o_a E c ., •o v o m- v ro o asi " .d a o0 01 cy"Ema'mvroro v='°�,°� T n a ao C d C E N� �� o Local Iowa City Press -Citizen PCRB to hold forum Tuesday Residents have another opportunity to comment on Iowa City Police policies, pro- cedures and practices at 7 p.m. Tuesday during the second forum hosted by the Police Citizens' Review Board. The two-hour community forum will be held at the Newman Center, 104 E. Jefferson St. Advance sign-up is available for those wanting to address the board. Call 356- 5041. Suggestions and recom- mendations received during the forum will be used by PCRB members to detemvne the focus and direction of future work. Page 3A Monday, October 26, 1998 �Cli`ZL� �G�hJ The Gazette, Wednesday, October 21, 1998, (front page) Opinions split on revising law on wild parties Iowa City change would let police act without complaint By Jim Jacobson Gazette Johnson County Bureau IOWA CITY — Although he told the City Council last night about the time drunken, base- ball bat -wielding revelers roamed his neighbor- hood shouting "death to the neighbors," Merrill Hamilton spoke only reluctantly in support of a revised law which would help police break up loud parties. Hamilton of 715 Van Buren St. said a proposed revision to the city's disorderly house ordinance, giving police the ability to disperse parties that threaten "injury to persons or property" without having neighbors complain, may give the police officers too much power. "I'm not for cracking down on all parties," he told the council at its formal meeting. The council is scheduled to take its first of three votes on the revised ordinance in two weeks. Hamilton's personal conflict about the policy change reflected arguments made by supporters and opponents of the change. Supporters told of neighbors' fear of retribution if they called to complain about a party. They said people have a right to enjoy their homes in peace and the police need the discretion to defuse a potentially dangerous situation. Opponents pointed out Iowa City artist Eric Shaw was killed two years ago by a police officer using his discretion. Osha Davidson, who lives at 14 S. Governor St. in a neighborhood with many students, said loud parties often keep him and his family awake. Despite the noise, he said he opposes revising the law. The Police Citizen Review Board recently found an officer acted improperly, creating a hostile and adversarial climate, during a traffic stop, David- son reminded the council. He said "that officer exercised poor judgment." While the ordinance's revised language gives police officers the ability to act as complainant and enforcer, it requires them to issue citations before restoring order by dispersing people at- tending a party. City Attorney Eleanor Dilkes said police officers use discretion daily when enforcing the law. Language in the ordinance is intentionally vague to cover a wide range of possible offenses because "unfortunately life isn't quite that simple," she said. If the revised ordinance passes, it actually takes away from officers' discretion, said police Capt. Tommy Widmer. Giving the officers more guide- lines about how to respond to an out -of -control party, however, was a positive step, he said. Meanwhile, a representative of University of Iowa students asked the council to delay a decision until the student government can hold a forum to receive more input from students. University of Iowa Student Government President Brian White said while the latest version of the ordinance is far better than previous ones, UISG has no official position on it. Because "our Police Department isn't perfect," White urged the council to find ways to prevent police from abusing the law. Local Iowa City Press -Citizen Iowa City PCRB continues investigation The Police Citizens' Review Board on Tuesday night decid- ed to move forward on its study of alleged race- and age -based traffic stops. The City Council -appointed board wants to sit down with Police Chief R.J. Winkclhakc as early as Nov. 10 to determine how officers might begin col- lecting demographic data on stops that do not result in a cita- tion or formal warning. Board members also dis- cussed the departmcm policy for southeast Iowa City, where believed gang activity erupted earlier this year. That policy instructed officers to take pho- tographs of those involved for use during_ departimm briefin- gs. Officers then were told to arrest those involved in the problems whenever lawfully possible. The policy and a further explanation of police opera- tions will he one topic of a pub- lic forum scheduled at the Broadway Street neighborhood center for either Dec. I or 15. Page 3A Wednesday, October 21, 1998 Me Gazette, Tuesday, October 20, 1998, 1B 2�.a ��c� 7dm no Tc o'oy �O c C. U .Y "..i F a'� 'n N GJ UJ O >',�. t7 c'oi Tai m oy Fo m Cl <C O O w ° OA tC o r u U o N O C m U td U N hit x E"' o� 0 yQ�oUaFJz >yo o U� `dNm roaoyro�vb�oCz c x a+ ro�bFx C w mA b°m �a.0 'O ,may id ro N d dp N TJ Y p O o o ro ro3 ro x c a;•� o.0C y m x'� o a�i 0 0 °' o w o 0z3 .N. 0 T d= t. > wT c6 -W ++gyp Cq F+ .0 .b y Comm 3 Boa 308 w0ow w0 T2y .a N... cc 7w.d c ��>,� gmdhcn°dam d) .- � o •o cai a U � .� � � q > o l`Gr.>m =cxg CZ 00 D. —Z V 'OND a, y,�,omoc .d3w,x moo^" C, 2 m O OqQ NU �. y.�'.wU Nwy0 0— Cd p . Photo policy under review Police board to discuss pictures being taken at traffic stops By Brian Sharp The Press-Ciri " ; �' Ah investigauon into alleged - race -based traffic stops by Iowa City Police should find direo- lion tonight, while a new dis- cussion may just be beginning into the department's `photo gallery" approach to targeting suspects. The Police Citizens' Review Board on Monday received a seven -page report detailing what informs- Ipii, �,Itf tion is and is — "— not recorded when an officer makes a stop. The board made its request in late August after hearing resi- dent allegations of race -based stops during a public forum and its following meeting. The Monday report from Police Chief RJ. Wjnkelhake also set out policies, including creating a photo gallery of "players" in the Broadway Sweet -area neighborhood — where allegations of such dis- crepancies in traffic Stops arose this summer. Those identified were to be arrested whenever lawfully possible. When the Citizens' board meets at 7 p.m. today at the Civic Center, 410 E. Washington SL, board chair- woman Leah Cohen said. mem- bets Will discuss Winkeihake's response and decide a next step. Cohen said that next step could Like the form of a case study, target collection of certain data or develop into a yet -undefined probe. See PHOTOS15A Iowa City no F TUESQAY Qctober20;.1998" " t' 35'centsu NATION/LOCAL Iowa City press-Ciizen SA Photos From 1A "Before we go ad start taking to department to start collecting all kinds of dare we want m know what's them," said bond member John Watson. "if there is data we can start looking at Watson�.. Photos taken The other pan of the discussion, Watson said, will include Winkelhake's May 19 memo to his officers. Tbat memo set out how the force would address problems of believed gang and criminal activity in the Broadway neighborhood. 71e memin Instructs, officers to: ■ Take photos of as many people involved in recent incidents who we in public areas or the outdoor areas around Broadway, Goss Park and other neighborhood streets. ■ The department will cream a photo gallery to be used during brief- ing seasions, so of department mem- bers become familiar with all the 'players:' ■ Artest those involved with the gang problem whenever possible for any violation that is justified by the circumstances and constitute a charge. Another point in the memo was an order to check all vehicles used by people who frequent the problem areas. That was to include checking plate. geaittg vehicle identification numbers ad vehicle the interior of are car. WinkeBuke was out of town and could not be reached for contrast. In the board mama he wroo, dun "all traffic snips ... ate m be based on legal probable cause." He continued: ... the Iowa G y Police Department doer not condone or permit traffic stops based m an its ividual's pmdcu- lar'profiW as such a pracdce is con- trary in both Iowa ad federal law." Watson said he waned the board to discuss Winkelhake's dilative but, laving not yet read the memo, said he was wastice whether he would push for a separate board investigation regard- ing the photos. "I have some: mixed feelings about it" Watson said Resident questions Some of Winston's concern stems hbm comments made to the board Cady in this prRCa4 by local resident Anthony Haughton. The fonn r pro- bation officer allegd that the photo gallery cream an environment of self- fulfilling prophecy 71e thinking goes that. once amme- one is deemed "a playa' in the prof+ lam and is subject to mere aggressive law enforcement than Lionesses: who is not an labeler$ try are more apt to be arrested and repeatedly pulled into the justice system. they are profiling," Naughton said Monday during a telephone inter- view from he home. "Ihe crumnal justice system, if you loot at it from the standpoint of any god business. it keeps trick of its custaurs ... oar people are labeled they are more like- ly to be harassed and arrested" Iowa City Police SgL Vicki Lalla who heads up the Special Crimes Acton Team of four in six officers directed to the Broadway area with these order, would nee comment on me policyor procctt. 1L Ron For explained tint taking phmms of people in a noted crime men is not uncommon — a statement backed up by Cedar Rapids Police Cap. Jeff Melignen. Fort referred to a similar practice with youths in the pedestrian mail — where merchants complained of drug dealing, vandal- ism and people drinking alcohol — within the past twee years. Fnrt said that in his knowledge — and certainly during his watch — all photos, in both manes were Laken with the individual's permission. And all Nose photographed by the SCAT team were arrested, he said Conflicting policy Romell Capers, 21. has a different story. Capers, who is the stepson of Haughton. and two friends were dri- ving in the aneaaof Sunset Boulevard around 7 p.m. in I= July. Police, including members of the SCAT team. stopped them for speeding, he said. Caper was in the back seaz Capers, who is black said every- one was ordered from the cm. He said his friend did not have a valid driver's license will was given a ticket- Capers said he was not cited While leaning against his hands on the side of the vehicle, he said an officer approached with a camera snapped his picture and another of his friend. 1 said. 'Hold up. You guys didn't ask me to take my picture. ' Capers said from his home Monday. In response. he said. offtzos mid him they had that right and directed aov complaint to lalla'It was not whor mry. I actually complained in them about it. I said 1 didn't want my pic- ture taken:' University of Iowa law professor Jim Tomkovicz said that. on its fan dram appears no consdmtiotW vida- fion in taking someone's picture in a public place. Tomkovicz said dust — similar to taking a voice sample — it is something offered by the person publicly and therefore is not proctd under the Fourth Attedmem, whim protects people foot unlawful search and seizure. Tomkovicz said he did not want to comment on whether legal policy nukes good policy. 7111L he said a mote of a community question. Tonight's board discussion fouows its decision, released Friday, dust Officer Paul Batchelor acted inappro- priately and violently during a June 6 traffic stop of Faith Wafter, her MD sons and a nephew, who are black. While family attorney David Walker, no elation, alleged racial motivation in the stop, at Gilbert Street and Stevens Drive, to board did nee find evidence supporting his claim. David Waller said police did not take pictures of the Walker family. . When asked about the Capers rase, or other passible cases of imDluniam Photographs. LL Foe said: " Bert is no hidden agenda ... If they (ofitxnt are doing something else, I don't know about iC . , . Fun said he did rot know how manv photos were collected whether they still are circulated in the deport. m m. in whether photos still or, beine taken. 7 i SATURDAY, October 17, 1998 Board From 1A need to discuss with Ms. Walker and the children where we want to go from here;' David Walker said Friday, after learning of the board's ruling. He pre- viously alleged the stop of Faith Walker and her family, who are black; was racially motivated. "They were treated in a completely disrespectful and inappropriate man- ner by the police force:' David Walker said. "I feel pretty confident that this thing is not over." Faith Walker, reached at her home late Friday, had not yet heard the news. "Mais a lot to swallow right now," Walker said, adding that she had not ,decided 'whether to move forward with -a civil suit "I'm really happy ... but, right now, I don't know. The next step? I guess this will have to settle in first." Batchefler could not be reached for comment. City Manager Steve Atkins said Friday that he was unsure how city officials will deal with the report inter- nally. The PCRB has no authority to impose punishment. Winkelhake, in his report to the board, recommended that Batcheller review safety issues with his supervisor. The police investigation did not support any allegations brought by Walker — a finding that the board rul- ing Friday called "unreasonable" According to the ordinance that formed the PCRB, all proceedings, reports to and findings of the board are not admissible in court. However, Assistant City Attorney Sarah Holecek said, that has not been tested. Denial of While Holecek said she would argue it should be excluded, it is uncertain whether the city ordinance actually could prohibit its introduction. The Walker traffic stop followed an eruption weeks earlier of believed gang activity in Iowa City's southeast side, where Faith Walker lives. It became the most high -profile case involving what some have described as race -based stops in the area during the ensuing, stepped -up officer pres- ence. That increased presence was accomplished through the Special Crimes Action Team, a group of four to six officers that included Batcheller. The Walker complaint was the third against Batcheller this year. The other two were not substantiated by the board. The other allegation upheld by the board was on a 1997 complaint, in which the complainant said a supervi- sor at the police station was rude when told of alleged officer misconduct. A0101F help:, rnww.uiowa.edu:80;—dlyiow. ; issue N t iU ibU o .,,; i : U i t ... -Letters to the Editor -Display and Classified Advertising -Subscription Info -DI Staff Copyright 1996 The Daily Iowan. Corivright 1996 Associated Press. MONDAY October 19, 1998 Board: Police action 'vicious,' not racist The Police Citizens' Review Board has upheld a complaint against a police officer. By Rebecca Anderson The Daily Iowan Although the Police Citizens' Review Board has found that a police officer treated Faith Walker and her family in a "vicious" and "violent" manner during a traffic stop, it stopped short of deeming 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 Walker's complaint in an Oct. 16 report. Race was not involved in the board's decision, and the language of the allegations submitted by Iowa City Police Chief R.J. Winkelhake did not mention race, said Leah Cohen, board chairwoman. "We did not find anything to support that allegation," she said. 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 member of the Special Crimes Action Task Force, was in an unmarked car and in plainclothes, which confused her during his approach to her car. "There was no way this tactic was going to produce the desired results," the board's report stated. "On the contrary, it unnecessarily escalated the situation." The board's report is only a comment on the way Batcheller acted I of 3 10/19/98 9:25 AM A010if hap.;. w%NN .wowa.cdu.80,- di) _.,amis , ISO 1 S0. -WI I :!.,..... during this one particular traffic stop, and it does not necessarily serve as a critique of the entire task force or its methods, Cohen said. While Faith Walker's attorney, David S. Walker (no relation), said he understands the task force must follow certain procedures in its investigations, he questions its methods for future traffic stops. "It does seem odd to me that they would (pull people over while wearing plainclothes), but I'm sure they have their reasons," he said. "If this is the way it's going to work out in the future, 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 making it easier for citizens to communicate 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 certain 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 Batcheller acted as though she and the other occupants of the car were breaking the law before talking with them, she said. Batcheller has denied these allegations but refused to comment specifically on the case. Now that the report has been issued, the board is leaving it up to the police department to handle the case, Cohen said. The board has no authority to recommend or perform disciplinary actions on the officer. So far, the internal investigation conducted by Winkelhake has suggested that a supervisor review safety issues with Batcheller. But because these are personnel issues, Winkelhake said, he cannot discuss how he will handle the situation. Faith Walker said she is considering fling a civil suit against the city based on the way she said Batcheller treated her. "One day we'll see how it goes and where we'll go from here," she said. "But the decision is definitely a start in the right direction." 2of3 10/19i98 9:25 AM 10101F hup:/;xNIAN.mowa.edu:8Ui—dI)iowan issue,%"U.ixu: swims-1," u.. David Walker said this decision would have a positive impact on her case, if she were to pursue it. He said he questions the usefulness of the board if offending officers aren't adequately punished. "What's the whole purpose of this board if there are no penalties?" he said. DI reporter Rebecca Anderson can be reached at: raanders@blue.weeg.uiowa.edu Title: Board: Police action 'vicious,' not racist Page: IA Date: 10/ 19/98 Today's Paper: [ Front Metro & Iowa Nation & World Viewpoints S ports Arts 1 3 of 3 10/ 19/98 9:25 AM A0803V.html Letters to the Editor Display & Classified Advertisine Subscription Into DI Staff Comrright 1996 The Daily Iowan. Coovrieht 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 firiend 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 fora 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:Z A0903 V.htmi hUp://www.uiowa.edu:80/-illyiowmissuwv l3Uit/ listorieW AU60s v.tnmi 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 Viewpoints Sports Arts 1 2of2 10/14/98 10:29 AM A0103F http://www.uiowa.wu:bo/-atyiowwoissun, v 11- ,.,., MONDAY October 19, 1998 Rowdy party law splits city * A proposed City Council ordinance would give police more power to bust parties. -Letters to By Steven Cook the Editor -Display and The Daily Iowan Classified ' Advertising Some members of the Iowa City community say additional police -Subscription powers to break up "out -of -control" parties are needed to help Info preserve their rights to an orderly neighborhood. And one UI -DI Staff administrator is trying to make that happen. Cop3jj 1996 The Daily Iowan. Copyright 1996 "We aren't against people of legal age drinking, but they don't have Associated Press. the right to infringe on other people's rights or use their property as a toilet," said Steve Parrott, associate director of University Relations and a member of Stepping Up, a UI program aimed at curbing students' binge -drinking. Parrott wrote a letter in support of changing the city's disorderly house ordinance to allow for police -initiated complaints against parties. Currently, only neighbors may file party complaints. The change is scheduled for public discussion at the Tuesday Iowa City City Council meeting at the Civic Center, scheduled to begin at 7 p.m. Under the change, the police would also have the power to disperse parties after a disorderly house charge has been filed. But some students say the measure isn't necessary. "If the neighbors complain, that's one thing," UI senior Carolyn Baker said. "But if no one complains, then there's no problem." She said she would be against allowing police to "pop in" and check on parties. But Parrott said that merely because no one complains, it doesn't 1 of 3 10/19/98 1:19 PM Ao1o3F mean that the neighbors aren't affected. "Some neighbors might be afraid to report it," he said, adding that the change would shift blame from the neighbors to the police. District 25 State Senate candidate Mary Howard, who lives on North Van Buren Street, said that at times, she has been hesitant to call about parties in her neighborhood because of possible retribution. She attended a City Council work session last month in support of the ordinance. Parties in her neighborhood have calmed down, she said, but only after she and her neighbors got up the nerve to call the police. "We are raised on tolerance, and we thought, 'Well, it's young people having a party, we can let them blow off some steam,' " she said. "But this wasn't just about blowing off steam." She asserts that some of her neighbors sold their houses rather than confront the parties. The proposed ordinance grew out of a 1997 "Alternative to RiverFest" party, which had more than 1,000 revelers and 20 kegs. Changes were first discussed in April, centering on controlling parties having multiple kegs. However, councilors said focusing on kegs wouldn't solve the party problems. Holly Hart, a resident of North Dubuque Street, said that although things have toned down near her house lately, she has experienced loud parties in the past. She said she was unsure whether a change in the ordinance was the answer, but she said increased fines and enforcement would help. UI senior Kelly Bending echoed Baker's remarks that the ordinance isn't necessary. Rather than toning down parties, she said, it could even worsen police -student relations. "Do they want students to hate cops more?" she said. "That would just cause more problems." Representatives from the UISG are expected to be in attendance at Tuesday night's hearing to ensure that student opinions are heard, UISG Vice President Scott Shuman said. DI reporter Steven Cook can be reached at: 2 of 10/19/98 1:19 PM A0103F sacoo@blue.weeg.uiowa.edu Title: Rowdy party law splits city Page: IA Date: 10/19/98 Today's Paper: [ Front Metro & Iowa Nation & World Viewpoints Sports Arts ] 3 of 10/19/98 1:19 PM