HomeMy WebLinkAbout03-30-1999 Articles NEW YOP. K TI~ES
Monday, March 1, 1999
Meriden, Conn., formed a SWAT team in 1986, wher~ crack caused a sharp increase m drug deuling.
Soldiers of the Drug War Remain on Duty,
By TIMOTHY EGAN out-of-court settlement.
ALBUQUERQUE, N.M. -- Late ¢N~,¢#'$ L[C~¢¥ Why a city of 400,000 would need
on a chilly October night three Secondot~oarScles: a full-time paramilitary unit is a
years ago, Larry Harper told his question that should have been
family that life was no longei' asked yehrs ago, said the new po.
worth living and headed out the hunt for her husband, leaving the lice chief. Jerry Galvin. The an-
deer with a handgun. He had family in the dark at the edge of swar, a decade ago, would have
slipped back to using crack co- the park. Police marksmen chased been crack cocaine and the heavily
caine after 'being in drug treat* Mr. Harper through the woods, armed gangs fighting over the
ment.and was ashamed to face his found him cowering behind a juni- crack trade. But what started as a
wife and brother, per tree and shot him to death response to the violent front of the
· The family called the Albuquer- from 43 feet away. He had commit- war an drugs has evolved, here and
que police for help. In response, a ted no crime and had threatened in cities across the nation, into a
paramilitary unit, nine men clad in only himself. The police said the new world of policing.
camouflage and armed with auto- fact that he was holding a gun Special weapons and tactics
matic rifles and stun grenades, made him a target, squads, once used exclusively for
stormed into the park where Mr. The case of Mr. Harper proved the rare urban terrorist incident or
Harper had gone in despair, to be the one that broke the Albu- shootout, transformed themselves
"Let's go get the bad guy" were querque SWAT team. His family through the crack years into er-
the last words Hope Harper heard sued. And last fall, the citydisman- eryday parts of city life. In large
as the Special Weapons and Tac- tied the squad as a full-time unit
tics squad brushed by her on a and paid the family $200,000 in an Continued on Page A16
Have Remained on Duty
Continued From Page Al
urban areas, paramilitary units now do ev- When, earlier this month, New York po-
erything from routine street patrols to lice officers fatally shot a West African
nightly raids of houses. Even small towns immigrant named Amadou Diallo, firing 41
have formed paramilitary police units. The bullets at the unarmed man, it was viewed
Cape Cod town of Harwich, Mass., popula- [ by some critics as alogicalconsequenceofa
tion ll,000, for example, has trained a 10- ~ 'police department that views patrolling cer-
member SWAT team. [ ' rain neighborhoods as war duty.
Encouraged by Federal grants, surplus [ , In other cities, Professor Kraska found,
equipment handed out by the military and [ i most departments eventually used their
seizure laws that allow police departments [ ~ paramilitary units beyond their original
.to keep much of what their special units [ . mission, and that was when they got into
take in' raids, the Kevlar-helmeted brigades ' - trouble.
have §rown dramatically, even ln the face of ; And the Harper family, which comes
plummeting crime fiEures. 'from a line of law-enforcement officers,
"It is the militarization of Mayb~rry," says that is precisely what happened in
said Dr. Peter B. Kraska, a professor of Albuquerque.
Criminal justice at Eastern Kentucky Uni- Mr. Harper, a 33-year-~ld plumber, was
Yersity, who surveyed police departments ~ One of 32 people killed by Albuquerque offi-
nationwide and found that their deployment · cers in the last 10 years, 11 of them by the
of paramilitary units had grown tenfold ~ SWAT ~eam. The police here have killed
Since the early 1980's. "This is unprecedent- more people than any other department of
ed in American policing and you have to ask ~ its size in the nation
yourself, what are the unintended conse- ~ Some police chiefs and academics ac-
quences?' knowledge the enormous growth of paramil-
It was the escalation of. the drug war that ? ltary police but dispute the criticism of how
brought military-style policing into most they are used. The National Tactical Offi-
American cities. The police felt outgunned ~Cers Association said 96 percent of raids
and underarmored against gangs. But now ., ended with no shots fired.
that the worst violence associated with the "You want people who are highly trained
gang and crack wars of the 80's has faded, and highly disciplined," said David Klinger,
the police buildup has remained and in a professor of sociology at the University of
many cases, escalated. Houston, who is studying SWAT teams.
Some police officers say the expansion of '.' "It makes sense to me for Bubba Bob the
SWAT into a role as the fist of the drug war i sheriff to have on his staff a couple of guys
and beyond is good police work. With proper , or girls who have been through extensive
,training, these units should reduce loss of tactical training," Professor Klinger, a for-
life, not add 'to it, they say. And some merLosAngelespol/ce officer, added. "But
.communities plagued by violence and turf if what you have is sqme cowboy idiot who
battles over drugs say they welcome a para- wants to be the tou~:,h guy, that doesn't help
military presence in their neighborhcods, anybody."
During a routine SWAT patrol in a poor Most of the 'squads stay in existence be-
neighborhood in Fresno, Calif., Sgt. Randy cause there is too much incentive not to,
Dobbins said: "You look at the way we're police officers say. Forfeiture laws passed
dressed and all these weapons and this by Congress at the height of the crack scare
helicopter overhead. We could not do this if were designed to take the profit out of drug
'~people in the community didn't support us. dealing; assets like cars, boats, guns and
I Some people are afraid to be seen with us, cash can be seized, regardless of whether
but a lot of others come out and cheer us the person who owns them is later convict-
when we show up." ed.
Professor Kraska found that nearly 90 But the laws have given the police a
percent of the police departments he sur- certain profit motive for fighting drugs,
veyed in cities of over 50,000 people had because their departments can use what
paramilitary units, as did about 75 percent they seize to subsidize their budgets or to
of the departments of communities under buy extra equipment.
50,000. And since the end of the cold war, the
In South Bend, Ind., the police have used military's giveaway of surplus hardware
SWAT teams to serve warrants on small- has proved irresistible to many SWAT
time marijuana dealers. In St. Petersburg, teams. An amphibious armored personnel
Fla., the teams were deployed, to consider- carrier was just. picked Up by the Boone
able criticism, to insure order during a civic County Sheriff's office in Indiana, and bayo-
parade~. _ nets were recently accepted, then reject?d,
Dressed in black or olive camouflage by the police ill Los Angeles.
known as battle dress uniforms, the para- "I was offered tanks, bazookas, anything I
military squads use armored personnel car- wanted," said Nick Pastore, former Police
tiers, stun grenades and Heckler & Koch Chief of New Haven. "I turned it all down,
MP5's, which are submachine guns adver- because it feeds a mind-set that you're not a
tised to police departments with the line, police officer serving a community, you're a
"From the Gulf War to the Drug War -- soldier at war."
battle proven."
Police in Armor, high on crack," said Gunther Meiss, a for- w/th crack," said Lieut. Steve Lagere, who
met Los Angeles police officer now with heads the Meriden SWAT team. "We coald
Residents on Bikes Fresno's SWAT squad. He described ins pull up to the projects and have five youths
work as "a lot of fur~" selling drugs at one time, right out in the
War is the word most often used in Fresno, Most of the young men seen on the neigh- open."
adepressedcityofabout 400,000 people in the borhocd streets were riding bikes. "That's Now in Meriden, as in Fresno, the team
~n Joaquin Valley. In Fresno, more than in what has happened to a lot of the drug arrests people for minor offenses, attacking
any other city, paramilitary police have be- dealers," Sergeant Dobbins said. "We've ira- small crimes as a way to send a larger
come a part of everyday life. pounded their cars." message about who is in control. About 90
On a night when the moon was full and People in the community seemed to accept percent of the unit's deployments, ~Lieuten-
night temperatures so cold that the oranges all the action, the police lights, the constant ant Lagero said, involve drug-related work,
on the trees held a wisp of frost, the Fresno presence of screeching tires and barking primarily in the city's housing projects and
SWAT squad, called the Violent Crime Sup- dogs that sound like firecrackers, as the surrounding neighborhoods, which tend to be
pression Unit, was back in familiar territo- price of a certain kind of peace. City officials black and Hispanic.
fy: the poor and largely black section of say they have recalved vary few complaints Professor Kruska's survey found that
town known as the Dog Pound where drug from citizens, and random interviews con- paramilitary units in sma.ii and medium
dealing is concentrated, firmed that. sized communities were most often used to
"Youwouldn'tbelievewhatthisplaceused "There used to be drug addicts evel~y- Imeek down the doors of houses to search for
to be like," said Sergeant Dobbins, leading a where," said Lydia Covarrl~bio, who has drugs.
group of camouflaged officers on their night- lived in Fresno for 30 years, speaking as The poiico acknowledge the change in du-
ly patrol. "People were prisoners of their officers with dogs chased twopoople through ties. Some shrug; others are alarmed. "I
homes. Police~officers were shot at routinely, backyards in her neighborhood, don't think it was intended to be used this
The bad guys had no fear." In 1994, Fresno had a record 85 homicides way," Lieutenant Lagere said. But a wall-
An ll-year veteran, Sergeant Dobbins is and 2,810 robberies, and officers were fired trained tactical squad can better serve a
crew cut and amiably candid. He is proud of at a dozen times. Gangs selling drugs were drug warrant in a potentially dangerous situ-
the fact that crime has fallen in Fresno, as blamed for the crime spike, ation than a cOmmunity police officer can, he
elsewhere. Like other members of the unit, "There was a real sense that the bad guys added.
he has a semiautomatic Beretta pistol, a had control of the streets," said the Fresno "ThewayIIookatitis, my officers are not
Heckler & Koch MP5 submachine gun and a Police Chief, Ed Winchester. "We were des- of the military, shoot-first assault style," he
12-round shotgun called the "Street Sweep- porate. But we certainly could not have said. "We have a different attitude. We're
er" at his disposal, deployed heavily armed SWAT-like ualts 'going to use ever!ninng we can to insure
Since its start, the Fresno unit has tried to without the support of the commun/ty.' there is little violence. And we don't care if
recruit ethnic minorities, though it remains The unit became a permanent part of the we're dealing with the lowest vermin in the
overwhelmingly winte. The 34-member unit department the following year, in 1995. In street, it's 'yes sir, no sir.' We never dehu-
has access to two helicoptars equipped with four years, crime has fallen dramatically, manize these people."
inght-visiun goggles and people-detecting matching the plunge acrosm the nation. Mr. Over all, crime is down about 30 percent in
heat sensors, an armored porsonnel carrier Winchester said the paramilitary m.its de- the past five years, Lieutenant Lagere said.
with aturret and an asmored van that serves servedpart of the credit, thoughhe acknowl- But when asked if the original purpose of
~ a portable headquarters, edged other factors, establlslling the paramilitary unit had been
l~e armored persennel carrier, a gift The drop in crime raises a question about met -- w reduce heavy drug use and dealing,
trom the military with the words "FRESNO how long the city needs to keep paramilitary by maintaining a heavy show of force ~ he
SWAT" brightly painted on it, is used mainly patrols on the gtreets, said he was less sure. Like most police
to serve drug warrants in potentially danger- "If we pulled out, the drug dealers would officers interviewed in the trenches of the
ous situations, come back with a vengeance," said Lieut. drug war, he expressed a sense of futility.
"A lot of people don't like the perception," Greg Coleman, the unit commander. "Drug "We ought to bo looking at some other
Sergeant Dobbins said. "They wonder why dealers are replaced right away. If you ar- option," he said. "It's politicauy incorrect to
the heck does the Police Depar'/ment need rest one, there's another w take his place." say that as a cop. You really can't discuss it
this kind of equipment. But you can't under- So they are left with each other, the men much here, because people will think you're
stand what it's like to be shot at, and what a with submachine guns and helicopters, and soft on drugs. But I don't see crack use going
difference it makes when you're in one of the drug dealers on bicycles, in what the up or down, no matter what we've tried to
these." police say is a ceaseless struggle.
On this night, the neighborhood was rein- Down the Qalunipiac River from Meriden,
tively quiet. Two pedestrians were stopped the city of New Haven has been through a
and searched for drugs. A car with a missing '~le Message similar scourge of drugs and violence. And in
headlight was stopped, its driver handcuffed ~ the last five years, it has also seen crime
and told to sit on the sidewalk while the trunk Small Arrests Show rates fall dramatically. But the city did not
was searched. Nothing was found. Several expand the role of its rarely used SWAT
cars from the unit went on a high-speed WhoIs in Control team. Instead, the police say, they brought
chase of a stolen car. The occupants, tracked the crime rate down by rejecting the m/lira-
by dogs, dashed from the car and were r/zed approach.
chased through several yards but escaped. With a population of 57,000, Meriden, Conn., "I had some tough-guy cops in my depart-
Pointing to a small house behind a h/gh does not fit the image of an urban crime ment pushing for bigger and more hard-
fence, said to be a drug haven, Sergeant nightmare. But in Meriden, as in Fresno, ware," said Mr. Pastore, who was the Police
Dobbins said, "We've raided this house five crack and other drugs prompted a desperate Chief from 1990 to 1997. "They used to say,
times." Drugs, mostly crack cocaine, are move to create a special paramilitary unit. 'It's a war out there.' They like SWAT be-
what keep the Violent Crime Suppression Meriden formed its SWAT team in 1986, cause it's an adventure."
Unit in business. People are stopped for when crack cocaine was starting to appear New Haven, a city of 130,000, emphas/zed
m/nor offenses, on the suspicion that they aU over America. The unit has 29 members community policing, making officers walk
can be arrested for possessing drugs or who are used nearly full time. Other smaU the beat on city streets or in housing
having outstanding warrants, cities and towns have SWAT-trained officers projects. "The approach you take creates a
'~I'd say anyone we're going to find milling but use them only occasionally, mind-set," Mr. Pastore said. "If you think
~ id here is usually involved with crack or "Street-level drug dealing just took off everyone who uses drugs is the enemy, then
you're more likely to declare war on the
people."
Linutana~t Lagere, in Meriden, said his largely in response to a fear of urban terror- The Alternatives
town used beth community policing and a I ism and riots. Over the years, the Los Ange-
heavy SWAT presence. The SWAT team has I les squad became notorious for its constant
Success
never
killed
anyone, he said. But other police m easur n§
officers argue that using paramilitary i helicopter presence, its assault-style raids
end the battering rams connected to its
squads for assaolts, sweeps end raids in- armored carriers. By Those Who Live
creases the likelihood of accidents or shoot- "The idea back then was a lot more milituo
ings. ristic," said Officer Eduardo Funns, a When Sam Waiker, apmfessorofcriminal '
They point to two cases in New England. spokesman for the Los Angeles Police De- justice at the University of Nebraska at
hen the SWAT team in Fitchburg, Mass., partment. Now the 67-member team reacts Omaha, reviewed killings by the Albuquer-
stormed an apartment looking for a drug to extremely violent situations, rather than que police, he was stunned.
dealer in December 1996, it ended up gutting carrying out assaults. It is rare for it to be "The rate of killings by poliee was' Just off
un entire upar~ment house. A stun grenade,
designed as distraction, flashed in a predict- called out on suicide threats or drug war- the charts," said Professor Walker, who was
rants, unless there is a strong likelihood of hired by the city to study the dspal'tmont.
able burst but also ignited a sofa, which grew gunfire, Mr. Funes said. "They had nn organizational cult~'e within
into a firs that consumed the apartment
house. Six officers were injured, and 24 poo- "It's not like Y0~ see on .those TV shows their SWAT team that led them to escalate
pie were left without a home. like 'Cops' or L~ff~e movies," Mr. Furies said. situations upward, rather than de-escalat-
In another case, a SWAT team's drug raid "The philosophy is to have a well-trall~ lng."
on the wrong apartment in BoSton led to the well-armed group of police officers who car That is precisely what happened to I~arry
death of a minister, the Rev. Accelyne Wll- respond and back up other offleers in dan- Harper, his family believes. At the time the
liams, from a heart attack. A settlement with geroas situations." police shot him, cowering behind a tree, he
Mr. Willlams's widow cost the city $1 million. What fed the expanding role Of SWAT wented to live end was ready to go home,
teams across the country wers the forfeiture said his brother James Harper.
laws that allow the police to keep much of "I keep thinking of my brother crying out,
The Evolution what they take in raids. There are no figures 'Leave me alone, I haven't done anything,'
on the total amount of property seized by all and their response, which was to kill him,"
Less Militaristic police departments nationwide, but the Fed* Mr. Harper said.
eral Government seized more then $4 billion Mr. Galvin, the Albuquerque Police Chief,
And More Selective in assets from 1986 to 1996. also saw a need for change after he was
Critics say that the more police depart- hired last year. "I did away with the SWAT
As small and midsized cities expend the ments conduct forfeiture raids, the more team," Chief Galvin said in an interview.
reach of their drug-fighting paramilitary they come to rely on them. "I call them "We have SWAT capability, because I think
squads, the nation's original SWAT team, in forfeiture junkies," Mr. Pastore said. i it is a necessary function of any police de-
Los Angeles, has gone in the opposite diroc- The Supreme Court has upheld the forfal* partment. But there is no longer a full-time
tiun. tare laws, but at least four states, inchidin~ unit in place."
CaLifornia, have changed the statutes so that Most drug raids, suicide calls and other
The unit that introduced the term SWAT a conviction is required before the police ~ types of volatile police actions do not need a
into ~opular culture was formed in 1966, ~ keep the property. . full paramilitary response, he said. "If you
Surplas military gear has alsu floeded luto have a mind-sot that the goal is to take out a
SWAT squads' lockers. Between 1995 and citizen, it will happen," Chief Galvin said.
1~97 alone, the Department of Defense gav~ successful intervention for us ,now is nne
police departments 1.2 million pieces of mill- where nobody gets killed."
tary hardware, tociucling 73 grenade launch- In. Dallas, the paramilitary unit has been
ers end 112 armored personnel carriers, taken off most drug raids, which are carried
But Professor Klinger, who patrolled the out instead by the narcotics squad. In Seattle,
streets of South Central Los Angeles befqre the SWAT team is also out of the business of
he became a scholar on police behavior, said drug raids and suicide calls. Nor do the
he dees not think the raids ultimately de Seattle police use a helicopter.
much to curb drug use. But in Fresno, or Meriden, or Champaign,
"We should leEaliTe drugs, and ~aw en- Ill., wbere the SWAT teams serve most of the
forcement should get out of the business of drug warrants, there are no plans to retreat.
trsating drugs as a crime problem," Profes- The officers in camouflage and helmets,
sot Klinger said. "This is not an unusual carry/rig MPS's end Street Sweeper shot-
position in the tactical squad community." guns, are part of ~he night, r,
Boston's Police Solution
partments, a focus on getting guns off Early last year, after a carefully
By Orlando Patterson the streets end, most lmportent, a focused investigation, a geng mem-
and Christopher Winship close partnership with community her, Jeffrey Bly, was arrested and
leaders, especially a group of black indicted in Mr. McLenghlin's mur-
CAMBRIDGE, Mass. clergymen known as the Ten-Point der. Africen-Amaricen leaders joined
CeniitiorL This partnership is key in in praising the police.
Athe current furor over New
York C~ty policing explaining why Boston has reduced By focusing their efforts, the Bes-
has shown, African- crime even more than New York, and ton police have found it unnecessary
Americans today with much less ethnic friction, to undertake the huge increase in the
face few dilemmas The partnership rests on four prin- size of the force that New York did,
more painful than the ciples. First, inner-city violence yet they have achieved~ even better
tension between the need to safe- should be dealt with primarily as a results. For a remarkable 29-month
guard their neighborhoods and the crime problem, rather than as a period, until Jenuary 1998, Boston
need to safeguard their rights, symptom of poverty, poor schools, had not a single teen-age homicide
Ali too often, however, both critics broken families and the like. Second, victim. (Since then there have been
and defenders of the police have por- there is agreement that only a small only four.)
trayed this tension as a stark choice, percentage of youths are at the core There have 'still been occasional
in which lowering urban crime rates of the problem and that the communi- police excesses, to be sure. But there
necesanrily requires the kind of pollc- ty cen help to identify them. Third, are fewer of them each year, end
lng that makes civil rights advocates the community leadership should there has been no incident to corn-
end commtmity leaders cry foul Not have an informal say in the decision pare with the Amadou Diallo or
so. Consider the case of BosUn, Abner Louima cases. The Boston offl.
where the homicide rate has fallen 7? cers rospoaslble for violations have
percent since 1990 -- 5 percentage been promptly end severely pan-
points more then in New York HOW NeW York ish
Boston begen its successful attack Given Boston's history of less-than-
on crime, in the late 1 80's and easly mi§hi defuse raee relatioas - end the deep
1990's, by employing the tactics distrust rooted in the school dosagre-
adopted later in New York City under curre~].t te~l_sio~l_s, gallon buries of the 1970's -- its
Mayor Rudolph Giulienl. And as in recent success is especially telling.
New York, while crime went down, Boston*s story demonstrates that
relations between the police and Afri- trust between the police end the Afri*
con-Americans worsened.
In 1989, the high-profile murder of to arrest certain teon-agers (for in- can-American community can be re.
Carol Stuart -- a pregnant white stance, in cases of first offenses or stored and enhanced -- even in the
woman -- created a wave of terror, when there are extenuating circum- wake of a crisis..It shews that this
as the Boston police descended on stances). Finally, if the police behave cooperation between police end corn-
inner-city neighborhoods in their badly, they bear the full brunt of munity leaders can advence the
search for a "young black male" responsibility, shared goal of crime reduction. And
suspect. Mrs. Stuart turned out to These principles were tested after most important, it helps prove that
have been marde~%~l by her own has- the murder of Paul McLenghiin, a there is no inherent conflict between
bund, who had fabricated the descrip- white state prosecutor, in May 1995. effective police work end respect for
tion. The police tactics in the *Stuart Mr. McLenghlin had vigorously pres- the freedom end dl~lity of citisens.[~
investigation, along with the stop-' ecuted geng members, end a young
end-frisk policies of the Citywide Africen-American man was seen Manreen Dowd is on vucatien.
Anti-Crime Unit here, provoked such fleeing the murder scene.
outrage among Africen-Americens But the Bcs~n police made it clear
that the city was forced to disband that they would not repeat the rights Not(~ to
the unit and change its strategy, violations that had followed the Stu-
Boston's new approach to law eh- art murder. And the Ten-Point minis-
forcement has involved collaboration ters end other community leaders The O~-/Sd page welcomes
between the police and probation de* made it clear that they, in turn, would unsolicited manuscripts. Be*
fully support an aggressive but fair cause of the volume of submis-
Orlundo Patterson, u professor o[ investigation. As one minister stated, sions, however, we regret thut
sociology ut Harvard, is the author of "This is a time for the city of Boston we cannot acknowledge an arti-
"Ritunls of Bloedf Consequences of to come together and make it clear cie or return it. If manuscripts
Slavery ~n Two Americun Centu- that we will not be held hostage to ureacceptedforpublicatian,
ries." Christopher Winship, chair- either perpetrators of violence or by authors will be notified within
man of the Harvard sociology de- those who would exploit the fear of two weeks. Forfurther infor-
partment, is co-author of a forthcom- violence to promote more racial divi- mation, call (212)
lng wor,~ on youth violence ~,n Boston. sion." ~. .
Lehman goes with PCRB
on officer identification
draw the impermissible Inference that an of-
ricer Complained against in a prior in*tance
,Review board wants ,~ more likely to have committed miscon-
duct.''
lnfo about officers In response to Cohen's letter to him, Leh-
more
man told the council that he still doesn't
think having the officer's number in advance
is necessary but that he was willing to respect
Although the Iowa City City Coun- the wishes of the board.
cil had been acting to reduce the "I have indicated my agreement to allow
already modest powers of the Po- this information for several reasons," Leh-
lice Citizens Review Board (PCRB), man wrote. "First, I feel that we as a council
Mayor Ernie Lehman recently sent a memo have set up this board for a specific purpose.
to the rest of the council saying that he in- Although I do not understand why prior
tends to stand by the board on one matter, identification is necessary, I feel we should
After a city council work session with the respect their wishes until such time as their
PCRB on Feb. 11, Lehman asked the PCRB to procedures prove to be unfair or arbitrary.
write a letter clarifying why they should be "Second, their actions to date relative to
given a police officer's identifying number protecting an officer's identity have con-
before they reviewed the police chief's (or vinced me of their honesty and sincerity.
city manager's) investigation of a citizen "Third, even if their actions prove not to
complaint against the officer. (It was agreed be impartial, they have no authority other
at the work session that each officer~would than to recommend to the chief and the
have a unique identifying number.) Though council.
Lehman was expected to recommend with- "Fourth, our refusal to allow their request
hokling this number from the board until al- will be viewed by thos~ who are critical of
ter they had reviewed an investigation, he the police department as an effort on the
instead suggested in a memo that the coun- part of the council to prevent [the PCRB]
cil go along with the board's request, from doing what they were set up to do."
In a memo to city attorney Eleanor Dilkes In the memo, Lehman emphasized five
about the letter Lehman requested, PCRB times that, mqre often than not, the PCRB
counsel Douglas Russell wrote, "It is my un- ends up,reaffirming the quality of the police
derstanding that Mr. Lehman has his own department. For example: "To date, these
doubts but also wishes to address strong evaluationshaveprovenwhatmanyofusal-
doubts held by [City Councilor] Mr. ready suspected, that we have a competent
O'Donnelt about whether the board should and professional police department." Because
have this information before it deliberates of this, Lehman wrote, 'I believe we need to
on a particular complaint." take a more constructive view of this board."
In defense of the PCRB's request, board Lehman also noted, "Our failure to sup-
chair Leah Cohen wrote that knowing the port the PCRB gives the public, whether right
officer's assigned number prior to consider- or wrong, a reason to suspect our motives."
lng the chief's investigation of the complaint The opportunity to revise the PCRB's
is necessary for two reasons: "First, it allows powers.has come about becausd the PCRB,
the board to track the behavior of particular city attorney and city council have been
officers over the entire period of the board's working to develop official standard operat-
existence. Second, it allows the board to use ing procedures for the board. Until now, the
the information to assist in its review of the PCRB has been operating under standard
chief's (or city manager's) determinations re- procedures that it developed independently
garding the credibility of a particular officer, of the city council.
where appropriate and relevant to a pending. According to PCRB minutes of Feb. 16, a
complaint, discussion between Russell and Dilkes de-
"The chief certainly knows the officer's retrained that ~he city attorney would, in
history; the board, must have information addition to various changes agreed upon by
about the officer's prior involvement to council at the Feb. 11 Work session, "sup-
make a fair assessment of the chief's (or city port the board's right to receive the name of
manager's) review of the matter," Cohen an officer complained of and to use it in a
continued, sustained complaint in the board's public
"Nor," Cohen reassured the cotmcil, "is report if there were guidelines about how it
the information requested so the board may should be used." * ·
Cedar Rapids Gazette, Johnson County Today, Sunday, 3/7/99, page 1
City's police
Shaw's South Gilbert Street art
review costs shop late on the night of Aug. "In this particular case, with
30, 1996, while the sensitivities that we have in
high,but OK investigating this community relative to the
an open door Police Department, and the
IOWACITY -- The Police Cit- at the shop. obvious sensitivities that we
izens Review Board, only 1¼ The officer have relative to the PCRB, I
years old, is costing the city resigned don't get too excited about the
more than twice its original under $80,000/' Lehman says.
$31,000 budget, pressure and "I think that we need to
City officials, for the most the city support our Police Department
part, say they are not concerned reached an as strongly as we can. And the
the city is spending at a rate of out-of-court PCRB's conclusions, so far, have
financial pretty much held that the Police
$80,100 annually to conduct the Mike O'l)ot~nell settlement Department is a pretty darn
board's task of reviewing Council member with Shaw's good one."
complaints residents have about supports ~c~e
police conduct, family. But
"There are some folks on the many residents said the city
council who are less excited needed a public check on police
about the importance of the actions.
PCRB and would cite the Five residents comprising the
amount of expenses as a being a Police Citizens Review Board
negative," Mayor Ernie Lehman meet most every week to review
says, using the acronym by complaints people file against
which the board is known best officers. Almost every case has
"On the other hand, I think ended with the board siding
that most of us probably realize with the officer.
that the first year is going to be, "I think these folks do a great
by far, the most expensive2' job," Councilman Mike
The added expenses are going O'Donnell says of the review
into staff time, according to a board. "They're doing exactly
memo City Manager Steve what we asked them to do. And
Atkins gave the council last we all, I think, anticipated these
week. costs were going to be pretty
The city is paying about high the first year."
$26,000 on salaries for the time O'Donnell says he is more
police spend investigating concerned about a hot topic
complaints cit, izens file against currently before the council --
individual officers, Atkins says. whether police officers'
identities should be confidential
It also is paying a city while the board reviews
attorney and city clerk about complaints against the officers.
$9,300 each to do review board
work. A police stenographer for O'Donnell favors
the effort is to cost about $4,500. confidentiality, although the law
The costs are in addition to establishing the board allows it
to keep track of officers using a
the $31,000 in original spending numbering system.
plans for staff work, legal advice
and supplies. "We knew that the staff time
"That's what the council would be involved," O'Donnell
wants, we'll get the work done," says of the time city employees
spend on complaints. "And I
Atkins says.
guess we were responding to the
The Iowa City Council created community. They wanted this
the Police Citizens Review mechanism to voice concerns."
Board in fall 1997 after public Lehman says the expense
outcry over the 1996 death of
local grtist and businessman · appears to be necessary, given
Eric Shaw. An .on-duty police the public interest in how Iowa
officer fatally shot Shaw in City officers do their jobs.