HomeMy WebLinkAbout04-27-1999 Articles.. , a ion$ .. r
Iowa City Press-Cltl,7en Saturday, April 10, 1999 Page 6A
Police to set policy
for traffic stops
WASHINGTON — Police
chiefs from some of the nation's
largest departments said Friday
they will create a national traffic
stop policy that they said will
ensure that minorities are not
unfairly targeted.
The policechiefs made the
announcement at a news con-
ference with minority activists
to launch what they described
as an honest discussion on
police and race. It came after a
day of closed door meetings
between police executives and
community leaders coordinated
by the Police Executive
Research Forum.
"If we are to deal with it, we
must stipulate that race is an
issue in policing" Philadelphia
Police Commissioner John
Ttmoney said. `There are an
awful lot of people in denial, but
so be it. We must move forward"
laclw 4' c
C
THE NEWS -TIMES, SUNDAY, APRIL 11, 1999
Notingrace on reports
points out bad cops
By John Pirro
and Joseph Spector
THE NEWS -TIMES
Guilford Police Chief Ken Cruz says
keeping track of minorities stopped by
police is as easy as "adding another let-
ter on a report."
• Guilford is one of only a few depart-
ments in the state that keeps statistics
on the number of minority drivers
itopped.
Cruz, who is part Hispanic, said the
department started the practice about
six years ago, mainly as a preventive mea-
sure rather than as a remedy to police
profiling.
"I always had a question in my mind
f you have an officer that is stopping
or profiling for either gender or race,
how we will be able to detect that ear-
lier enough before a problem arose or
how would we defend ourselves against
any of those allegations?"' he said.
As a result, the department requires
ing the summer between Hartford and a
popular swimming area at the Barkham-
sted Reservoir.
Schwapp claimed supervisors, relying
on a series of warnings they'd received
from Hartford police indicating the route
was used by gang members carrying guns
and drugs, had instructed Avon officers
to find reasons to stop those cars.
Civil rights leaders and civil liberties
advocates across the state were outraged
when the allegations were made public.
The state's Human Rights Commission
filed a complaint against the town and
the police department, and the FBI began
an investigation to determine whether
the rights of any minority motorists or
their passengers had been violated.
A federal court jury eventually ruled
against Schwapp in his $15 million law-
-uit, rejecting his claim he'd been sub-
,ected to a racially hostile work atmos-
phere while on the job.
The issue of the "Barkhamsted
Express" was ruled irrelevant to
officers to note the race, age and gender
of each person stopped. If the person's
race is not apparent, the officer must ask
Other police leaders contend asking a
person's race would introduce racial ten-
sion into legitimate stops.
Cruz said that's not the case. The
department has not received any com-
plaints that a police officer asked about
a driver's race, he said. Drivers are sim-
ply told it's part of their record keeping,
he said.
But Cruz said, "I'd much rather handle
that type of complaint than have some-
body come in on the other side and say
you are doing this and have nothing to
show to defend it."
The statistics are compiled every six
months. Cruz said of the 2,014 stops from
June to December 1998, only 28, or 1.4
percent, of the drivers were black About
2 percent of the 21,000-population town
is black
Deputy Sheriff Thomas Terribile said
Schwapp's suit and was never allowed
into evidence.
Schwapp is now a police officer in
Bloomfield.
Avon's assistant town manager, Karen
Levine, said the town conducted its own
investigation of the allegations, includ-
ing an independent statistical analysis
of all motor vehicle arrests in Avon dur-
ing a four-year period.
The study showed no evidence that
minorities had been disproportionately
targeted, she said.
Cruz, the Guilford chief, said profiling
by age or race is more perception than
reality. He favors proposed legislation
that would require all departments to
track the race of the people stopped.
The steps he's taken should protect the
Guilford department from any such
claims in the future.
"If someone walks in here tomorrow
and wants to make these allegations and
says this is happening, what do we have?"
Cruz said. "We can say, 'Here it is."'
it takes him about two hours to compile
the data every six months using the
department's computer system.
An officer in Guilford is required to
write a report on every stop, even if it's
just to look in on a call of suspicious
activity, Terribile said. Officers are also
urged to give written warnings to every
driver stopped, he said.
Cruz said the department policy was
established partly after a 1993 case in
Avon in which that department was
accused of illegally targeting blacks and
Hispanics along a stretch of Route 44.
Those allegations, which grew out a
lawsuit filed by Avon's first black police
officer, Alvin Schwapp Jr., drew nation-
al attention to the wealthy, overwhelm-
ingly white Farmington Valley commu-
nity.
Avon police supervisors allegedly used
the phrase "Barkhamsted Express" to
describe carloads of blacks and Puerto
Ricans who traveled through town dur-
Police Chiefs Heed Critics
And Vow to Regain Trust
By MICHAEL JANOFSKY
WASHINGTON, April 9 — Police
chiefs meeting here to examine how
their officers could earn more public
trust said today that complaints
about police misconduct were often
valid and that departments had far
to go to meet � demands for more
accountability, respect and courtesy.
The daylong conference, which
was held in private on Thursday, was
convened in response to the public
outcry over the the fatal shooting of
an unarmed West African immi•
grant by four white New York City
police officers and by questionable
police behavior in other cities.
Several chiefs described the hast-
ily arranged meeting as highly un-
usual for its urgency and candor,
much of which focused on race rela-
tions. Each of the 19 chiefs was asked
to bring a local community leader,
someone not necessarily a strong
supporter of the chief's department
or its policies. The first two hours of
he conference were set aside for the
community leaders to raise issues of .
concern to them, with the chiefs re-
quired to listen in silence.
The chiefs responded in turn, and
for the most part, several said, they
agreed with the criticism.
"We are collectively committed to
doing all we can to strengthen com-
munity partnerships and take a hard
took at our recruitment, hiring, train-
ing and oversight practices," said
Thomas C. Frazier, the Baltimore
Police Commissioner and president
of the organization that arranged the
meeting, the Police Executive Re-
search Forum, a nonprofit group
that studies police issues.
Mr. Frazier added: "Yesterday's
meeting should be considered the
beginning of a continuing dialogue.
This process is clearly a journey, not
a destination."
The chiefs who attended repre-
sented large cities, including New
York, Philadelphia and Minneapolis,
as well as smaller ones; like Arling-
ton, Va., and Stamford, Conn.
The only specific policy initiative
they announced was a pledge to de-
velop new standards for traffic stops
that include a higher degree of cour-
esy than many officers typically dis-
play now, often when minority driv-
ers are involved.
Such new procedures, the chiefs
acknowledged, could include some-
thing as simple as an apology to
drivers who were found not to have
committed any crime.
Speaking at her weekly news con-
ference before joining the forum for
about an hour, Attorney General Jan-
et Reno described traffic stops as an
issue especially sensitive to blacks
and other minorities, Who are Often
pulled over at a higher rate than
whites.
"It is so very important that we
address the feelings of,Americans
who feel that police officers are stop-
ping them because of race," Ms.
Reno said.
The civil rights division of the Jus-
tice Department is investigating
complaints about police behavior in
a variety of contexts in several
places, including New York, Los An-
geles, Buffalo and the Washington
suburb of Montgomery County, Md.
Commissioner Howard Safir of
New York said the chiefs discussed
creating a national standard for how
officers should conduct traffic stops.
Mr. Safir said that in New York he
would speed plans for putting video
cameras into patrol cars, with a pilot
program in the highway division to
start as soon as possible.
Besides studying traffic -stop pro-
cedures,the chiefs said they would
work with leading civil rights organi-.
zations to amend policing policies.
Echoing views expressed by other
chiefs, John F. Timoney, the Phila-
delphia Police Commissioner and a
former first deputy commissioner in:
New York, said: "Frankly, there is a
problem with race in policing. To;
solve it, we have to deal openly with-,
it. If we don't stipulate that race is an
issue, everything flows from that and
then it's just an academic exercise.'!
No recent episode demonstrated
the problems more vividly than the
shooting death of Amadou Diane, the.
West African immigrant who was;
standing, unarmed, in the vestibule
of his Bronx apartment building on'
Feb. 4 when police officers fired 41
shots at him, hitting him 19 times.)
Four officers have pleaded not guilty
to charges of second-degree murder.
To police critics in New York and:
elsewhere, the shooting demonstrat-
ed why average citizens have grown
distrustful and afraid of people who
are paid to protect them, especially
in minority neighborhoods.
Chuck Wexler, executive director
of the research forum, which repre-
sents chiefs in 300 cities of 50,000
A forum on the
police focuses on
race relations.
'i
people or more, said several chiefs,
had called him in recent weeks to
talk about how. they might stop the
erosion of trust now that crime was
falling in most big cities, with chiefs
getting much of the credit.
Many, like Mr. Safir, find them-
selves on the defensive from people
who fear the police as much as they
fear criminals.
To measure the extent of the prob-
lem, the research forum sent ques,
tionnaires, asking the chiefs and the
community leaders they designated -
to assess race relations with the po,
lice. Mr. Wexler said the responses'
from both sides reflected a surpris-
ing level of agreement.
Mr. Safir said: "One of the things
this conference did was make it clear
to me that the perception is nation-
wide. The complaints I heard here
were not unlike those I've heard
from 50 groups I've spoken to since
Feb. A. Most complaints are not
about force. They're about respect.
They're related to how people are
treated."
Mr. Safir's guest at the conference
was Richard E. Green, chief execu-
Live of the Crown Heights Youth Col-
lective,an outreach program ih
Brooklyn. Like other community
leaders who attended, Mr. Green
said he walked into the room on
Thursday skeptical that any mean-
ingful progress might be achieved.
He said he left feeling hopeful.
"it was a very productive, very
frank discussion," Mr. Green said. "1
heard things that gave me greater
assurance things might change. Was
it nirvana? No. But they got the ball
to the 20-yard line. We have to work
to get it into the end zone."
of drivers
under fire
Police deny race -based traffic stops
By Joseph Spector
"It's time it stops," Shelton said.
THE NEWS -TIMES
"You simply can't violate people's
civil rights."
It's called DWB: Driving While Politicians have put anti -pro -
Black. It's legal, but 'police
can filing bills at the top of their 9gen-
treat it like a crime,
des, while minority lead -
minorities claim
E Word on the ers in local towns have
Minority leaders
Street: Do you bolstered efforts to
across the country want
ensure fair treatment by
think police in
to reverse the trend:
They want to target
police.
Danbury treat Racial profiling is a
police who illegally stop
minorities fairly? law enforcement prac-
minorities.
■ Nationwide, tice of using certain
"We have been dealing
police re-examine racial characteristics as
with what is a thorn in
their methods. indicators of criminal
the side of hardworking
Page B 1 behavior. No complaints
African Americans fora
9 have been registered in
long time," said Hilary
the Danbury area in the
Shelton, director of the Washing- past 15 months, a review of citi-
ton, D.C., bureau of the National zen complaints of local depart -
Association for the Advancement ments show. The News -Times
of Colored People.
► Please see POLICE, Page A-12
��3
P Pohce deny they make
racessbased traffic stops
;Continued from Page A-1
:ailed a Freedom of Information
:inquiry asking for complaints
lodged since January 1998.
However, minority leaders say
fhe practice is widespread in the
...Danbury area.
1, "I think it's worse than it was
'in 1968," said Sherri Neptune,
'head of the Greater Danbury
NAACP. "Why are we fighting the
' came issues that we were fighting
:back then?"
The timing of the fight is not
accidental. Several recent nation-
al cases where minonties.bave ,.
Bent killed li i polie@ have added
the nedd to'curb police bru
dality and discrimination, minor-
�Ity leaders said.
iV'If we don't address this and we
it back, it's going to happen over
,$nd over again," Neptune said.
parked by the shooting death
0 a black man by a white police
Officer in New "Milford last
,December — the man a convict-
ed felon wanted by police — the
local NAACP held a race rela-
tions forum last month with local
police chiefs. Most of the atten-
dees said they have been
harassed and stopped by local
police.
Neptune, meanwhile, thinks
Tce:played a role in the shoot-
gf 27-yearold Franklyn Reid,
pite state investigators' and
al officials' contention that it
lidn't.
"If that was a white kid and a
ack cop, the kid would have
en walking today," she said.
To combat the profiling prac-
t e, several states, including Con-
n ncticut, have introduced bills
that would require police to keep
statistics on the race and ethnic-
ity of people stopped. It would
also require documentation on
why a car was stopped.
"In order for us to stop racial
profiling, we have to have police
doing good police work This is a
way for us to determine that," said
49k
iefs or mayors should-
n't mind anything like this
because it's going to get to the
officers who are the problem,"
said James, a black man who was
a former Philadelphia police offi-
cer for 22 years.
The bills aim to make police
accountable for all motor vehicle
stops, and legislators are using
recent incidents and statistics
from police departments across
Police perception in black and white
A 1998 telephone poll surveying
500 state residents on their attitudes toward police
illustrates the divide between whites and nonwhites:
Survey question
■ Have you personally
felt
f` �'�,`
84e/a �` ` '28i� r '�4,
ever treated unfairly
by the police specifically
because of your race?
Yes 3�
■ Minorities in my
community are treated
less fairly than whites in
2711
their everyday dealings
with the police, such as
Agree
motor vehicle stops.
■ Do you think that police
brutality in your town is a
A_-, w�, s,
very serious problem, a
41% .13 0
somewhat serious problem,
tip
not a serious problem or
Somewhat or very seriuso
not a problem at all? _
■Has anyone in your own
i
household ever been
physically abused by the
210/6 a SG w; %/oA -
police?
Yes
■ Do you think the police
inConnecticut; need more
education and training in
83% 72% 40 :-
people skills?
■ In general, the police
yy�
work as hard to solve
criminal cases when the
57% ,;'. 82% 3yc*,=
victim is a minority as they
do the is
when victim white.Disagfee
Pat wndu ted by the Uiversay
of Cmne,.7M
SOURCE Cnu*W ,Native PoVicy Fa,ndatm
"the nation as evidence that pro-
filing goes on.
Some are even using personal
experience.
State Sen. Alvin Penn, D-Bridge-
port, is sponsoring an anti -profil-
ing bill that the legislative Pub-
lic Safety Committee passed last
month. It will go to the Senate this
month.
Penn is convinced he was a tar-
get of racial profiling in Trumbull
a few years ago. The black sena-
tor was :pulled over by a white
officer who gave no reason for the
stop, only informing him that he
didn't look like he belonged in
town, Penn said.
"There is no question it was a
race -based stop," Penn said.
Penn wasn't charged, but he
protested the stop and demanded
changes in the all -white depart -
The News -Times
merit.
His case gained support when
a letter was made public last June
from department Chief Ted
Ambrosini to his officers. The let-
ter stated officers have an oblig-
ation to consider the "profile of
our community and those who
travel within its boundaries."
Ambrosini stated the wording
had nothing to do with race. Yet
the FBI is investigating the
department for possible civil
rights violations and Penn is part
of a town committee to explore
race issues and hiring practices
in Trumbull.
Police have criticized Penn's
bill and similar legislation in oth-
er states. Many argue that keep-
ing statistics would be excessive,
tedious and could unfairly label
legitimate stops as racially moti-
vated.
"It's our belief that it will be
fairly onerous to collect that
data," said West Hartford Chief
James Strillacci, a ranking mem-
ber of the Connecticut Police
Chiefs Association. "We're not
really sure what it's going to
prove. There are a lot of things
that can contribute to the statis-
tics."
Several anti -profiling bills have
been rejected in recent years,
largely because powerful police
organizations lobby against them,
said Cynthia Martin, a spokes-
woman for U.S. Rep John Cony-
ers, D-Michigan.
Conyers introduced an anti -pro-
filing bill in Congress in March
1997. The bill required the U.S.
Department of Justice to collect
and analyze data from routine
traffic stops, but prohibited use
of the statistics in race discrimi-
nation lawsuits.
The House passed the bill, but
it was rejected in the Senate Judi-
ciary Committee. Martin said the
bill lacked support from top Sen-
ate leaders mainly because of
police pressure. Conyers plans to
submit a modified bill this month.
Penn's bill was also modified.
Originally, the bill required
police to ask the race of each per-
son stopped. But police feared
that would inject racial tension
into each situation. Penn changed
the bill to require that police doc-
ument what they perceive as a
person's race.
Still, some police leaders said
the bill defeats its purpose.
"I think it's discriminatory,"
Brookfield Chief John Anderson
said. "Now you are singling out.
minorities because you stop
them."
Anderson and other local chiefs
urge residents to file complaints
against police who act unfairly.
Anderson, who attended the local
NAACP meeting, said the local
chiefs plan to circulate a letter to
their employees warning "officers
are going to be held accountable
for any acts of discrimination."
Anderson, however, disputed
that police target minorities.
"If we saw a suspicious vehicle
in the area, it wouldn't be based
on the fact that someone is black,"
he said.
Police leaders argue some
towns have higher rates of minor-
ity stops because of the towns'
demographics, which could be
misrepresented in statewide cal-
culations of stops.
Strillacci said, in some cases,
minorities are pulled over more
often. That could be based sim-
ply on economics, since minori-
ties can have less money, which
can result in more motor vehicle
violations, such as expired regis-
trations and licenses, he said.
"In this society, I think you'd
have to agree that the economic
burden falls more on our minori-
ties," Strillacci said. "It should
not surprise you then, because of
the economic factors, minorities
may more heavily be the people
who are stopped."
That could also play into
minorities' perception of police,
he said.
A study commissioned last year
by the New Haven -based Crimi-
nal Justice Policy Foundation
shows police perception is pro-
foundly divided by race, despite
the overall results that indicate
people find police professional
and ethical.
Out of 500 Connecticut residents
polled by telephone, 2 percent of
whites reported being treated
unfairly by police because of their
race — compared to 34 percent of
non -whites.
"What it's saying is the public
at large has a perception that
there is a problem, and I'd argue
that there is a problem," said Nick
Pastore, a former New Haven
police chief who runs the center.
Racial profiling is deemed so
widespread that the NAACP and
the American Civil Liberties
Union are among groups that pub-
lish booklets on people's rights
when they are stopped —and how
to avoid confrontations with
police.
"It's at the point where you have
to teach people how to get through
these things without getting
arrested or killed," said Hilary
Shelton of the NAACP. "It's that
bad."
The Connecticut NAACP last
year established a program called
"Operation Blind Justice" to col-
lect data on the racial breakdown
of drivers pulled over by police.
The program was soon adopted by
the national NAACP, but its find-
ings have yet to be compiled.
H. William Knapp, head of the
Police Officer Standards and
Training Council in Meriden, said
racial profiling is not taught to
police students.
"If a town is doing it, they are
coming up with it on their own,"
he said. "They are not getting it
up here."
But the statewide police train-
ing program doesn't teach against
racial profiling either, Knapp
said, because it's simply known to
be illegal, like robbing a store or
assaulting someone. Nevertheless,
state law doesn't specifically
address the practice of racial pro-
filing.
Knapp said the academy man-
dates courses in race relations
and cultural diversity, which
many local departments also
require.
Still, recent cases of alleged
racial profiling by police are
receiving unprecedented expo-
sure.
Some recent cases:
■ In 1993, accusations spread in
Avon that local police targeted
blacks and Latinos traveling on
the `Barkhamsted Express," a
term for the route through .town
to the Barkhamsted Reservoir.
■ In 1995, Maryland state police
found 74 percent of stops on a
stretch of Interstate 95 were of
black motorists, though they con-
stituted only 14 percent of drivers.
■ In 1996, a New Jersey judge
ruled state troopers were target-
ing minority drivers. Statistics
indicated minorities were pulled
over five times more than white
drivers. The case is being
appealed.
■ Malik Jones, 21, was killed b;,
a white police officer in April
1997 after a car chase in New
Haven. The officer was cleared of
wrongdoing, but the family of the
black man claimed in a federal
lawsuit last week that the chase
was sparked by racial profiling.
Jones was initially pursued by the
officer for alleged reckless dri-
ving.
■ Last April, two white New
Jersey state police officers shot
at four unarmed minority men,
injuring three of them. The state
is conducting a criminal investi-
gation.
■ New Jersey Gov. Christine
Todd Whitman fired the state
police superintendent in March
after he claimed minorities are
responsible for most of the drug
trafficking in the state.
■ On Feb. 4, four white New
York City police officers search-
ing for a rapist fired 41 shots at
unarmed West African immigrant
Amadou Diallo in front of his
Bronx home. He was hit 19 times
and died instantly. The four offi-
cers have been charged with sec-
ond-degree murder.
3cr�3