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AOIOIF
http://www.uiowa.edu:go/-dlyiowanlissue/v 130/i 103/stories/A010IF. Irtml
Police review board comes under city's
microscope
As the city mulls the board's practices, some say the first proposed change is a step in the wrong
direction.By Nathan Hill
The Daily Iowan
People who file complaints against the Iowa City police could be forced further out of the loop under a
new proposal, says Iowa City resident Faith Walker, a recent complainant to the Police Citizens Review
Board.
"It makes you wonder if (the board) is interacting more with the (involved) officer," said Walker, who is
the only person to have her complaint sustained by the board. "For a while, I felt like I had been forgotten
about."
The ordinance change, which is currently under consideration by the Iowa City City Council, would bar
people who bring complaints against police officers from attending name -clearing hearings when their
complaint is reviewed by the board
The hearings are intended to offer an opportunity for the accused officer to present his or her side of the
story during the board's investigation. Currently, the complainant can be present at these hearings and ask
the officer questions.
Concerned about creating too much of an adversarial atmosphere at the hearings, the council
unanimously decided Tuesday night to send the proposal to the board for its consideration. It is likely to
be the first of many proposed changes to the board.
The reason for the change, which was suggested by the city attorney's office as part of the first annual
review of the board, is that holding a hearing in which the two conflicting parties are present creates the
potential for an "adversarial atmosphere," according to a memorandum written by City Attorney Eleanor
Dilkes to the council on Nov. 13.
"If you have two people on different sides of an issue, there's potential for some shouting," said Police
Chief R.J. Winkelhake. But he added that such a situation is probably unlikely.
The council's final action on the proposed change is scheduled to occur on Dec. 15, said Mayor Ernie
Lehman. According to Councilor Connie Champion, the proposal is "definitely going to be passed."
A veil of secrecy?
One of the most common complaints against the board has been that it works, for the most part, behind
closed doors. Walker said excluding the complainants would only compound the problem.
Walker's hearing came about as a result of her complaint of being treated in a "vicious and racially
motivated" manner by police Officer Paul Batcheller during a traffic stop on June 6. The board
announced its support of her complaint in an Oct. 16 report.
Although Batcheller forfeited his right to appear at the hearing, Walker said the hearing was important to
I of 3
11!19/98 B:SI AM
`.0101F
http://www.uiowa.edU:bU/-dlyloWMISSuGv uun IwrswneYAU lv I r JLLmk
her because it made her feel like she was part of the review process.
If that right is taken away from future complainants, she questions the validity of the process.
"The complainant should have a way of bringing things out," Walker said. "If not, you don't know what
(the board) is doing."
Walker said she felt ignored during the board's process; excluding complainants further would make them
feel "forgotten," she added.
Walker's attorney, Coralville resident Dave Walker (no relation), said the board is running counter to its
purpose by not opening up its proceedings for public review.
"A lot of people don't know the board exists," he said. "I thought the purpose of the board is the opposite
of that; I would think they'd want to make it as open as possible."
The issue is a "balancing act" between public interests and police concerns, Winkelhake said. Because the
police department is a public group, many people think everything it does should be public record, he
said, adding that inter -departmental matters, such as punishing an officer, should be kept private.
Balancing those interests might be a moot point, though. Lehman indicated that the way the ordinance is
currently structured may be in violation of Iowa law. The reason, Dilkes elaborates in her memo, is
because the presence of the complainant creates the risk that confidential information will be discussed in
a forum sanctioned by the board.
Further, Dilkes states, the name -clearing provision, as it now stands, is "defective, conflicts with
due -process principles and should be amended immediately..."
Ending the discussion
Excluding complainants from attending hearings would not only make the board more secretive but
would also decrease the possibility that the two sides could come to an agreement, argues Dave Walker.
One purpose of the hearing is to give the complainant and the officer an opportunity to ask each other
questions. By excluding that possibility, Dave Walker said it may prevent the board from completely
understanding the incident.
However, board members say the ordinance wasn't originally created to offer a fair exchange between
complainant and officer; rather, the purpose of the hearing is to allow officers a time to defend
themselves.
"The complainants have other opportunities to tell their side of the story," said board President Leah
Cohen.
But some argue that the actual face-to-face discussion between officer and complainant is a valuable tool
in ending conflicts with police. Because the two parties would have no opportunity at the hearing to talk
with each other, it may rule out such a process of mediation.
"Once two people can confront each other and discuss the problem, then things seem to become less
adversarial," Dave Walker said, adding that courts have recently found mediation to be a highly
2 of 3 11/19/98 U2 AM
A0101F
hllp:// W W W.UIOwy.CUU:OUi'—Y�Yiuwaau wwu r aJvu av�i awucm.w . v u ...uw
successful method of resolving disputes.
But the hearing isn't the only time discussion can occur -- mediation is available at any point during the
process, and that is made very clear to complainants, Cohen said.
"If anything, we are encouraging mediation," she said. "We've even had a couple of complaints that have
been mediated in the past year."
Growing pains
This change to the ordinance may be the first of many as the board undergoes its first annual city review.
As the only police review board in Iowa, most city officials agree that it may take some time to work out
all the kinks.
Another problem is that the board is relatively young, formed as it was in August 1997 -- in the wake of
the Eric Shaw shooting by Iowa City police Officer Jeffrey Gillaspie.
"We're all learning here," Cohen said. "As time goes on, there will be other changes."
The board has recommended to the city some changes in its standard operating procedure. One such
change would extend the current 60-day limit for filing a complaint to 90 days; another would give
additional time for the board to review cases.
The ordinance now states that the board has 30 days to issue a ruling on a complaint; Cohen said she'd
like that raised to 45 days. The Walker case took 83 days to complete.
All the changes must be approved by the council, which is planning to meet with the board in January
1999, although no specific date has been set.
After discussing the issue briefly, the council has several questions for the board, including how to
increase protection of people filing complaints and questioning if it is overstepping its bounds, Champion
said.
The council is wondering if the board is "going beyond what it was set out to do," Champion said. "Like
any public institution, it can get overzealous and go beyond its function."
She added that the council has many changes in mind but declined to elaborate.
DI Metro Editor Nathan Hill can be reached at:
nhifl@blue.weeg.uiowa.edu
3 of 3 11/19M 8:52 AM
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icon, November 12, 1998, page 2-3
Let's party at
the Supreme Court
On Nov. 11, the Iowa City City Council
adopted a new law called the Disorderly
House Ordinance; subsequent readings of the
ordinance will follow on Nov. 17 and Dec. 1.
Although its current name sounds like some-
thing that would make Martha Stewart put
Iowa City on her top-10 list, it's really about
breaking up rowdy parties (at least ostensi-
bly), as its former nicknames, the "keg ordi-
nance" and the "party ordinance" indicate. If
the ordinance passes at these three scheduled
readings, it will allow police to act on their
own initiative to "restore order and disperse
persons" from gatherings that they judge to
be out of hand. Currently, police must wait
for a neighbor to summon the police to take
action.
At a Police Citizens Review Board public
forum last week at the Newman Catholic Stu-
dent Center on the university campus, several
people expressed reservations about the pro-
posed ordinance, saying it would grant the
police too much power and jeopardize the
right to peaceably assemble. Some who argue
in favor of the ordinance say they would pre-
fer to let the police be the heavy rather than
confront noisy neighbors or complain about
them to the police themselves. (111he Mickens)
■ Wed., Nov. 11, 1998
f�V3"7
lowA ToDAY
JOHNSON KEOKUK MUSCATINE POWESHIEK WASHINGTON
Iowa City police -dog policies await review
Searches, riot control
the City Attorneys Office and
mid -January.
Winkelhake said the dog
changed into an order as the
supervisors at the Police De-
The board has no authority
would never be used without
Police Department works to.
among issues in
partment, also bans using the
to change any Police Depart-
authorization of someone oth-
ward meeting the standards
department proposals
dog for crowd control in peace-
ful demonstrations.
ment policies, but members
have
er than the officers at the
scene and the dog's handler.
for accreditation, Winkelhake
Police Chief R.J. Winkelhake
set a goal of reviewing
each policy and offering sug-
The policy also outlines how
said. The order states that
before an officer enters the
By Lynn M. Tefft
presented the policy to the
gestions if they believe they're
the dog would he used in drug
building where an open door
Gazette Johnson County Bureau
Police Citizens Review Board
warranted.
detection and tracking missing
is found or a burglary alarm
IOWA CITY — Police otfi-
at their meeting Tuesday after
The canine policy does allow
persons.
sounded after business hours,
cars using a dog to search a
the board asked to see the
use of the dog, with approval
The board offered little com-
businesses are to be contacted.
building would have to an-
department's policy on build-
of a supervisor or canine han-
ment on the building search
Officers will we the build-
nce their presence more
than
than once three
ins searches.
during riots or other
policy, which Winkelhake said
ing and wait for the business
and allow
for anyone in the
'The canine will have an
unauthorized
unauthorized gatherings.
is essentially a re -write of a
arrival.
minutes
building to respond, according
important part in building
Board member Paul Holley
department memorandum that
have for
person's
to a proposed policy.
searches in the future," he
cautioned against overzealous
officers relied on
for the
If the contact person cannot
said, adding that he hopes to
use of the dog in these situa-
guidance past year.
The policy, under review by
have the canine in service by
tions.
The memorandum is being
■ Tom to 3B: Dog policies
Dog policies
■ From page 1B
be reached, officers are to enter
only if there is physical evi-
dence, such as a broken window
or pry marks, that indicates a
burglary. A police supervisor is
to be notified and the officers
need the supervisor's approval
before going inside.
If there is no physical evi-
dence of a burglary other than
an open door or window, the
officer would secure the build-
ing to the extent possible, then
an extra watch would be initiat-
ed until the contact person is
reached.
Gazette photo by 9u>z Orr
Members of the Iowa City Police Department's Special Response Team leave a
building at 620 Riverside Dr., Iowa City, where police were told Tuesday
morning they might find murder suspect James lack. However, Lack, 19, was
not there. He Is wanted In connection with the death of Frank Lee Boyd. Police
questioned three acquaintances of Lack following the search of an apartment
In the building. Five other people face various charges In the death of Boyd,
whose burned body was found In a Johnson County ditch Aug. 7.
mo /CG 15 N
Report Calls for Stronger Police Review Board
NyT �1.143
By MICHAEL COOPER
With police brutality lawsuits
costing New York City $96.8 mil-
lion over the last four years —
nearly 10 cents of every dollar
that the city paid in 1997 in person-
al injury cases — the city has a
big financial incentive to strength-
en the independent agency that
monitors and investigates allega-
tions of police misconduct, ac-
cording to a new report.
The report, released yesterday
by the New York Civil Liberties
Union, found that five years after
the Civilian Complaint Review
Board took the responsibility for
investigating allegations of police
misconduct out of the hands of the
Police Department, the all -civil-
ian review board has yet to live up
to its potential.
The report criticizes the board
for substantiating only 5 percent
of the allegations it has received
and criticizes Police C.::nmission-
er Howard Safir for faking to act
in many cases in which the review
board found credible evidence
that misconduct had occurred.
In addition to the human toll
taken by police misconduct, the
report pointed to the financial toll
misconduct takes on the city. Cit-
ing figures provided by City
Comptroller Alan G. Hevesi, the
report found that New York City
paid $96.8 million in settlements
and judgments in police miscon-
duct cases from 1994 to 1997, a 59
percent increase over the prior
four-year period.
That number is almost sure to
rise, the report noted. In recent
years, more and more people
have filed notices of claim — the
first step toward filing lawsuits —
alleging police misconduct or bru-
tality. Whereas 1,759 notices of
claim in police suits were filed in
1994, the report said, 2,266 such
claims were filed in 1991.
Norman Siegel, the executive
director of the Civil Liberties
Union, who helped draft the legis-
lation to create the review board,
said that without an effective
board more and more people
would go to court. "And if police
officers believe, deep down in
their hearts, that there is no effec-
tive mechanism to get account-
ability and discipline them," he
said, "the misconduct will contin-
ue."
The review board investigates
allegations of police misconduct
and passes its findings and rec-
ommendations along to the Police
Commissioner, who has the power
to discipline officers.
Echoing criticism that the re-
view board made in September in
its twice -a -year status report, the
report criticized Commissioner
Safir as being slow to impose dis-
cipline in cases when the agency
finds reason to believe that an
officer is guilty. In the past, Mr.
Safir has often said that he must
re -investigate the cases forward-
ed to him because the review
board's investigations are not
�au`L �l�/ire r
thorough enough.
Yesterday Mr. Safir dismissed
the report as "an old report with a
new cover" in a written statement
in which he said that "data cited
in the report is at best selective."
"The report fails to note that
while the police force has in-
creased by over 7,500 members
the number of complaints filed
with the C.C.R.B. has risen by less
than 500," he wrote.
The report recommended tak-
ing the power to discipline officers
away from the Police Department
by creating a separate legal unit
within the review board to pros-
ecute misconduct cases. It also
called for amending the City
Charter to give board members
the power to choose their own
chairman, rather than the Mayor.
The Mayor appoints the 13-mem-
her board: he selects five mem-
bers, the City Council selects five
and the Police Commissioner se-
lects three.
The report praised the review
board for fully investigating more
cases in recent years and for
nearly doubling the number of
cases it substantiated in 1997 to 9.3
percent. But the report questioned
why the number of substantiated
cases dropped again to 4.8 percent
during the first half of 1998.
Sherman Jackson, a board
spokesman, did not respond in de-
tail to the report but said, "We are
pleased that Mr. Siegel gave us
credit for some of the good things
we've done. in the last year."
UI Professor Says Supreme Court Will Side With Monroe, Iowa, Man
nup:nwww.wuwa.cuw-"uuw....�.,.... �.....-..- ...
CONTACT: MELVIN O. SHAW
100 Old Public Library
Iowa City IA 52242
(319) 384-0010; fax (319) 384-0024
E-mail: melvin-shawAidowa edu
Release: Immediate
UI law professor says U.S. Supreme Court will side with Monroe, Iowa man
IOWA CITY, Iowa -- A University of Iowa law professor who filed a friend of the court
brief supporting a Monroe, Iowa man's claim that he was unreasonably searched by a
Newton police officer in 1996, says the U.S. Supreme Court will likely rule in the man's
favor.
UI College of Law professor James Tomkovicz filed the amicus curiae brief in the case
argued before the Court on Nov. 3 and is listed as the attorney of record for the case.
Tomkovicz, who specializes in criminal law and criminal procedure, says the Fourth
Amendment guards against invasive and offensive searches.
Tomkovicz agrees with Patrick Knowles, who claims the police officer who stopped him for
speeding had no right to search his car simply because he had been issued a traffic citation
for speeding. The officer found marijuana and a pipe in Knowles' car. A state trial judge later
sentenced Knowles to 90 days in jail.
The brief was written at the request of the American Civil Liberties Union and the Iowa Civil
Liberties Union, which have sided with Knowles. Although an Iowa statute authorizes
officers to search motorists and the insides of their vehicles whenever they issue a traffic
citation, the Fourth Amendment requires searches to be "reasonable."
"Full searches of the body are pretty intrusive. At a minimum, there needs to be probable
cause or a lawful custodial arrest. In Mr. Knowles' case, there was no probable cause to
search for contraband or a weapon, and the officer had decided not to arrest him.
Consequently, there was no reason to assume that Mr. Knowles would destroy evidence,
threaten the officer's safety, or pose any other kind of danger. It's a painfully simple case,"
Tomkovicz says.
The brief makes three arguments against the constitutionality of "searches incident to traffic
citations." It maintains that there is no common law authority for such searches, that
Supreme Court precedents require a "custodial" arrest and that the government's interests in
searching traffic offenders do not outweigh the costs to personal privacy imposed by such
searches.
"The Fourth Amendment extends constitutional protection to the privacy of our persons and
our vehicles. That privacy cannot be violated unless the government demonstrates superior
interests.
In Knowles' case, and in the case of other Iowa motorists cited for minor traffic offenses,
there are no demonstrated government interests that justify the intrusive searches permitted
1 of 2 11/9/98 3:40 PM
UI Professor Says Supreme Court W dl Side wuu Monroe, Iowa, wum 'U'p.,, w,........_.. _ _,... _.......... _ . -
by the Iowa statute," Tomkovicz says.
Should the Court rule in the government's favor in the Knowles case, other states could see
the ruling as an invitation to conduct similar searches.
If the Court instead concludes that the Iowa law is unconstitutional, as Tomkovicz predicts,
the ruling will inform the states that traffic citations do not provide an adequate reason for
searching motorists. Iowa, and a few other states that authorize such searches, would have
to change their laws to conform to the ruling, Tomkovicz says.
It is not certain when the Court will issue its ruling in the case, but Tomkovicz says he would
not be surprised to see an opinion handed down before January. While the ruling may not
have a dramatic effect on most routine traffic stops, it could at least restrain officers from to
stopping and searching motorists based on inappropriate variables, such as race, Tomkovicz
says.
11/9/98
2of2
11/9/98 3:40 PM
NEWS Taoo, `%slap, P.4-5
Year later, board finds
police officer at fault
Faith Walker case
provoked attention at
first, but now what?
About two weeks ago, around the
time of its one-year anniversary,
Iowa City s Police Citizens Review
Board (PCRB) for the first time
sustained a citizen complaint. The board
agreed that the officer in question mishan-
dled a situation and acted in a "violent and
vicious" manner. The next day, the decision
was the top story In both the Iowa City Press.
Citizen and Cedar Rapids Gazette, and a great
many local people had memorized the mn-
tral Image of the story this way: Two kids
were passing a crucifix in a car that was just
pulled over; they were black; the cop saw the
crucifix as some.
thing more suspI-. ,
clous.
The story's front-
page treatment as.
sured that both the
police force and con-
cerned members of
the community
would remember the
case itself and the in -
situation of the
PCRB. However, no
official community
dialogue has fol.
lowed the story, and
the same papers that
carried top -of -the.
fold stories have done very little follow-up to
their initial reports. The fact that no further
Information or discussion has followed this
important case Is, in Itself, worth plenty of
discussion.
Although coverage has ceased for now,
the episode may not be over for the Faith
Walker, the driver of the car whose com-
plaint was sustained by the PCRB, according
to her attomey David Walker (no relation).
"We decided we were going to take this pro-
cess step -by -step —let the police department
handle It first, then see what the PCRB had
to say, then see If we want to pursue it fur -
then" David Walker said.
According to her attorney, Faith Walker
has not yet decided whether she wants to
pursue a civil lawsuit. However, David Walk-
er said, "I have a feeling we're not done with
this yet: This type of conduct needs to be ad-
dressed as far as a deterrent"
The Incident upon which Faith Walker's
complaint Is based began when Officer Paul
Batcheller, who was driving an unmarked ve-
hicle, pulled Walker Duet on South Gilbert
Street. The officer alleged that she had run
Two stop signs, although Walker believed she
had not.
According to Police Chief R. J. Winkel-
hake's report to the board,. Batcheller saw
Walker's son, who was sitting in the front
seat of the two -door car, pass a small, metal-
lic object to Walker's nephew, who was sit.
ting in the back seat. Although the item
turned out to be a small crucifix, the officer
suspected that the boys were trying to con-
ceal potential evidence, such as drug para-
phemalia or a weapon. The officer ap-
proached the passenger side, opened the
door and ordered the nephew out of the car.
I think there's some
apprehension [among
officers]. This group didn't
come out of something
warm and fuzzy, [it
originated with] a
contentious group that
doesn't trust the police."
— SCT. SIB JACKSON
When the boy leaned away, Batcheller took
hold of his arm and tried to pull him from
the at.
The review board criticized these actions,
vying In Its report, "...there was little danger
that the evidence the officer saw —a shiny
metallic object —would disappear while the
officer was watching the complainant's vehi-
cle." As to the officer's attempt to pull Walk.
er's nephew from the car, "There was no way
this tactic was going to produce the desired
result, On the contrary, it unnecessadly esca-
lated the situation." They also found that
Batcheller went against police procedure by
not waiting for backup.
Because of Insufficient or contrary evi-
dence, the board did not sustain Walker's
other complaints: that Batcheller used pro-
fanity or that an assault charge against Walk-
ees son, who gave some resistance (the de-
gree of resistance Is contested) to Batcheller's
attempt to remove her nephew from the car
vies unwarranted.
According to Walk-
er's lawyer, the as.
sault charge has not
been pursued by the
county attorney,
which is a rare occur-
rence.
Although Walk-
er's attorney said, "I
think that race
played a part in this
incident" (Faith
Walker and the boys
are black), the report
by the all -white re-
view board does not
take up that aspect
of the case. The chief's investigation, which
is by law the basis for the review board's "at.
nation, did not mention race, either.
In evaluating the police chief's Investiga-
tion of Walker's complaint, the review board
has already exercised Its power to its fullest
extent. In fact, city code requires the board
to "give deference" to the chief's report be.
cause of his "professional expertise," al-
though the members of the board have un-
detgone some training, such as riding with
police officers and attending a citizens' po.
lice academy.
The board has no power to discipline an
officer, to require a change in police pence.
duie or to be Informed of actions the police
department may take based upon their find.
ings. According to state law, all these are (or
can be) considered personnel matters, and,
as such, are confideAljixl
Early newspaper stories reported that
Winkelhake's internal investigation suggest-
ed that a supervisor review safety procedure
with Batcheller. Phone calls to Winkelhake
for this story were not returned.
Although the review board was intention-
ally created with these limitations by the city
council, critics worry that the power to com-
ment on investigations but not to directly ef-
fect change defeats the purpose of the bard.
Osha Davidson, one of the citizens who ad-
vocated the creation of such a review board,
said he was wary at first that the bard would
be a, mere public relations device, but is
pleased with the effort the board members
have made so far.
"More broadly, the board doesn't have
the power to do its job effectively," Davidson
said. "I want to see the board have he tools
to do Its job, but they're doing the best they
Pa,jeIJz
can with the tools they have."
Davidson added, "I have no doubt that
the individuals on this board want to make it
as vital as possible. The question is, does the
council support that?"
Another question might be, do the police
officers support that? For many, the answer
seems to be no. Based on the remarks of the
officers who attended the board's latest pub-
lic forum Oct. 27 and interviews with Ser-
geant Sid Jackson and Officer Dan Dreck-
man, president of the Police Labor Relations
Organization, there seems to be some wari-
ness on the part of police officers, perhaps
also a feeling that people just don't under-
stand how hard the job is.
Jackson explained: "I think there's some
apprehension [among officers]. This group
didn't come out of something wane and
fuzzy, [it originated with] a contentious
group that doesn't trust the police." When
asked if he thought officers felt that parts of
the community were out to get them, Jack-
son responded, "That's the impression offic-
ers are getting —that they're looking for
something and won't be satisfied until they
find it."
Dreckman said, "In general, I don't think
people are so much against the thought of
the thing," referring to the proposal that the
board evaluate police policy and procedures.
However, in studying the conduct of individ-
ual officers, "They're not really a review
board anymore; it's more like a citizens' in-
quisition." -
Dreckman also said he had strong reserva-
tions about the board perhaps deciding to
also investigate anonymous complaints
against officers for the same reason he ques-
tions the wisdom of the proposed Disorderly
House Ordinance (the so-called "party ordi-
nance," which would give the police power
to disperse a party without first receiving a
neighbor's complaint): "Whenever you get
away from having a victim," he said, there is
a potential for a misuse of power. -
- The board, which was formed just last
year, has spent most of its first year getting -
set up and establishing procedure. Since its
inception, It has received 24 complaints,.19
of which it had reviewed when its annual re-
port was issued Sept. 30. Twelve of the com-
plaints were filed by a single individual. No
worthwhile demographic conclusions can be
drawn about the complainants because only
eight complainants from the already statisti-
cally small pool provided demographic in-
formation.- The volunteer members have been ex-
tremely busy, according to its annual report,
meeting 43 times in the past year, for about
two,or three hours each time, not including
12 evenings devoted to the citizens' police
academy.
The board has not begun a formal review
.of police policy but has suggested improve-
ments in the course of considering com-
plaints. They have questioned the desirability
of having plainclothes officers make routine
traffic stops (in the Faith Walker complaint
case), suggested guidelines to clarify policy on
when it is appropriate to videotape, recom-
mended further clarification of public intoxi-
cation procedures and urged the department
to make sure that persons placed in the
Johnson CountyJail are treated appropriately.
.. Now entering its second year, the board
-seeks to make time to tackle a review of po-
lice policy and also plans a third public fo-
rum for early December at the Broadway
Neighborhood Center. As for the final im-
pact of this Iowa City experiment and quasi -
governmental body, it will have to be as
Davidson said at the board's last public fo-
nun: "The proof is in the pudding."*
JULIE MICKENS
Payt✓zDTZ
TowaCity Press -Citizen, Monday, Nov. 9, 1998, Opinion page
Letters
Grateful
for PCRB
I wanted to express my grat-
itude for the work of the Police
Citizens' Review Board in the
case of Faith Walker and Officer
Paul Batcheller.
Though my own encounters
with members of the Iowa City
police force have all been suc-
cessful, I have felt — ever since
Eric Shaw's death — that our
police department has not been
fully under control, and that
"standard procedures" vary
remarkably on the force. The
fact that Officer Batcheller did
not wait for backup — a stan-
dard police procedure in cases
in which the possibility of phys-
ical violence appears high —
suggests continued training
problems on the force.
This is so even though —
again, following Eric Shaw's
killing — we are all assured that
the chief of police, the city man-
ager, and City Council members
were reviewing police perfor-
mance down to the nth degree.
Jay Shaw's letter, which
appeared in the same issue of
the Press -Citizen as the report
on the PCRB ruling, reminds
me of how mysterious Iowa
City has been to me since I
moved here six years ago from
Massachusetts. I was astonished
at how unwilling Iowa Citians in
general were to object to Eric
Shaw's killing, how complacent
they were in the face of clear
violations of Eric Shaw's civil
rights, and how they acted on
the whole as if nothing much
had occurred. When I leave
Iowa City, I will carry the story
with me as evidence of some
real sickness in this place.
However, the is
of the
PCRB is one small but impor-
tantgoodthing to come from
that terrible event. If the PCRB
can create an opportunity for a
civil rights lawsuit against the
Iowa City police force, the city
itself may finally face the day of
reckoning it has long deserved;
the complacency and poor lead-
ership that have plagued this
place will finally come under
severe scrutiny; the good offi-
cers on our force will have their
loyalty rewarded with the train-
ing and supervision they
deserve; and we may actually
look like a community with
some sense of civic responsibil-
ity.
My best wishes go again to
the family of Eric Shaw, and to
Faith Walker and her family,
whose complaint against Officer
Batcheller may finally, with the
help of the PCRB, shed some
light in some of the darker
places of Iowa City.
Tom Simmons
Associate Professor
University of Iowa