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HomeMy WebLinkAbout08-10-1999 ArticlesWashingtoppost.com: Police Panel Late on Reports http://www.washingtmpost.wm/wp-s"/ Iou& dwiyljUlyvvrooerdlo. ntm Police Panel Late on Reports By Craig ifhillock Washington Post Staff Writer Monday, July 26, 1999; Page Al This government agency isn't listed in the phone book. A directory in the lobby of its office building directs visitors to the wrong floor. It hasn't released a single new public document in more than three years and refuses to disclose basic information about its recent activities. It's not a top-secret research lab or an agency concerned with national security. Instead, it's the Prince George's County Citizen Complaint Oversight Panel, a group that is supposed to monitor allegations of MWASAMUNNOASM police misconduct and brutality and reassure the public that complaints about law enforcement aren't swept under the carpet. The panel is composed of seven members appointed by County Executive Wayne K. Curry (D), who received campaign contributions from six of them when he sought reelection last year. The members are paid $50 an hour to review complaints of police harassment, excessive force and abusive language. The panel was formed in 1990 in response to a public outcry over the fate of Gregory Kafi Habib, a unarmed Ghanaian man who died after a 1989 scuffle with four white Prince George's police officers during a traffic stop. The panel is required to issue an annual report to the public detailing the number of cases it has reviewed, as well as its general findings and recommendations for changes in the police department. But it has been more than three years since the panel's last report, in April 1996, and most of the misconduct investigations it dealt with dated to incidents in 1994. Panel members said that they regret not publishing a report for the last three years and added that they hope to complete one in the next few months. The panel's chairman, Valerie J. Kaplan, of Laurel, attributed the delays to computer problems and transition adjustments stemming from the appointment of five new panel members in 1996. But she said the panel has been hard at work and is reviewing cases on a timely basis. I I , II N, ,n.,, ,.. Nashingtmpost.com: Police Panel Late on Reports hnp://www.washingtonpost.com/wp-srv/local/daily/july99/board26.htm "I think we have done a conscientious and skillful job," Kaplan said in an interview last week. "We have been working very hard to get this report into shape and to get it printed. It's something that is front and center for us. I want this to come out. I feel badly it hasn't." Kaplan refused to release figures on how many cases the panel has reviewed in recent years or how many complaints it has received. She also refused to describe the nature of any of the panel's findings or to disclose general recommendations it has made to Prince George's Police Chief John S. Farrell. Farrell declined to comment. But police spokesman Royce D. Holloway said the department had been receiving regular reports from the panel. "We have a good working relationship with them and welcome their input and oversight," Holloway said. "We don't always agree, but their input is well considered." The panel meets once a week on average to discuss cases, Kaplan said. The members serve staggered four-year terms. Members are paid $50 an hour but cannot receive more than $10,000 a year, according to county law. County officials refused to disclose how much panel members have earned since their last report came out in 1996. The panel's budget for the fiscal year that began July 1 is $129,600, which includes money for a full-time administrative assistant and a part-time lawyer. Community activists have criticized the secrecy, saying that the whole point of having a Citizen Complaint Oversight Panel is to build public confidence that complaints about police misconduct will be taken seriously. "How can we as citizens have any faith in them?" asked Eugene Grant, a Seat Pleasant resident who sits on a separate police department advisory board picked by Farrell. "Are they covering up something? How can we as a community judge or gauge whether or not the panel is effective?" Fred Thomas, an assistant to Curry and the county's director of public safety, praised the panel's performance, although he said he wished it hadn't fallen three years behind in issuing reports to the public. "We see no need to take exception to the work they're doing," Thomas said. "We're concerned about the annual report. But it's just one of those things that fell through the cracks." The issue of police misconduct is especially sensitive in Prince George's, where police make far more arrests and traffic stops than in any other suburb in the Washington region and where relations Washingtenoost.com: Police Panel late on Reports http://www.washingtonpost.com/wp•srvilocaVdailyijuly99/hoard26.htm between the police and the public have long been troubled. Although tensions have subsided somewhat in recent years, allegations of police brutality were loud and frequent during the 1970s and 1980s, as the county changed from a majority white population to one that is now about 57 percent black. Prince George's and the District are the only jurisdictions in the area where a citizens panel has the authority to regularly review investigations of police misconduct. The District's Civilian Complaint Review Board was disbanded in 1995 after becoming backlogged with more than 750 unresolved cases. The D.C. Council recently approved a bill to reestablish the review board, but it is not yet up and running. Prince George's police officials said they have worked hard to shed their old reputation for heavy-handedness. The department's statistics show that the number of formal written complaints of police misconduct dropped by more than half between 1993 and 1998, from 187 to 88. But those figures are hard to verify. The most recent statistics from the Citizen Complaint Oversight Panel are from 1995, and they include only complaints that fall into three specific categories: harassment, abusive language and excessive force. Kaplan refused to disclose any up-to-date numbers from the panel, saying she couldn't vouch for their accuracy because of computer problems. She said the panel uses a tailor-made software program that makes it difficult to produce reports. "The complaint numbers have been going down, but exactly how much, that's what we're trying to refine," she said. "I really don't want to release any data until I feel comfortable with its integrity. We need to give [the data] a final scrub." Some community groups, including the Prince George's chapter of the NAACP, have said they are skeptical that complaints about police behavior have declined. They said residents are reluctant to report problems because they fear retribution or don't think they will be taken seriously. "Maybe complaints are going down because people don't have any faith in the system," Grant said. "Maybe it's because people think nothing is going to happen. Most of the time, individuals are intimidated by the whole process." Kaplan acknowledged that the panel doesn't review many high -profile allegations of police brutality because victims don't file formal complaints. Instead, they hire lawyers and file lawsuits. W ashingtC41Wst.com: Police Panel Late on Reports http://w.wuhingtmpost.com/wp-srv/locaVdaily/iuly99/board26.htm For instance, at least 13 lawsuits are pending against members of the county police department's canine unit alleging excessive force. But Kaplan said she could recall only one instance in which the panel reviewed a case involving the canine unit. The panel does not investigate complaints itself. By law, it has only the power to review the written record of investigations conducted by the police department's Internal Affairs Division or by the county's Human Relations Commission. The panel has 30 working days to review a case and submit its recommendations or comments to the police chief. The chief is not bound to accept the panel's findings. Kaplan refused to provide summaries of the recommendations or to disclose how often they were accepted or rejected by the chief -- information that has been included in the panel's previous public reports. She questioned how interested the public is in the panel's work. She said the panel's annual reports from 1992 through 1996 received little attention. "The public didn't ask many questions when we were producing reports," Kaplan said. "I can't say in the years they came out that there was a very large response from the public.... We've gotten zero response -- zip." But the panel's former chairman, the Rev. Robert J. Williams Sr., said keeping the public informed is important. "We worked long and hard to make sure we had everything in place and that the reports went out in a timely fashion," said Williams, who oversaw the panel's last public report before stepping down in 1996. "I really don't know what has happened or why things have changed. But if you don't release information at all, the public doesn't know what's going on." Besides Kaplan, the panel members are: Alfred L. Barrett, of Oxon Hill; Manuel Geraldo, of Camp Springs; Terry P. Goolsby, of Upper Marlboro; Dervey A. Lomax, of College Park; Jervie S. Petty, of Fort Washington; and the Rev. Perry A. Smith III, of Bowie. Except for Geraldo, all of the panel members gave campaign contributions to Curry during his successful 1998 reelection bid. According to reports filed with the state Board of Elections, Curry received $1,450 from Smith, $700 from Goolsby, $210 from Barrett, $195 from Lomax and $75 from Kaplan. Curry also received a combined $400 in donations from Petty and her husband, John A. GA The Gazette, Cedar Rapids, Iowa O pINIO N'Thors., July 29, 1999 MMMMMUMUM 2 ways of looking at `Driving While Black' Chiefs view: I won Why we track lam wcdlet�l� YaY? �rvn racial data Musr e���ra By BIII Lansdowne JOSE, Calif. — On June 1, SAN the San Jose Police Department began collecting data voluntarily on the race, age, sex and reason for every motorist we stop. In numerous public and private meetings I have received anecdotal .a, evidence, not specifically about San Jose, that suggests that minority motorists believe they are being stopped solely because of their race or ethnicity. i - True or not, the perception persists. And it damages the police department's ability to build partnerships and trust with the community we serve. It Is my belief that as public *1nNQ WHILE BLACK officials, we must address this issue openly and aggressively and dispel the perception of improper conduct. That is why the police department will For a black man, getting pulled over record the data, snake public the results after the First six months and happens with alarming frequency reevaluate the program after a year. the WHEN I ANNOUNCEthe program, I was loured by of by By Marcus E. Walton during the course of a conversation, that the the American Civil Liberties Union, AN JOSE, Calif. — The first time it other person doesn't particularly like you. the National Association for the S happened to me I was 16. It's instinct that has been honed by years of Advancement of Colored People, Asian At an age when I was supposed to start a yes, some paranoia. Americans for Community tlth potential and the promise of Them a There are no comprehensive national Involvement, the San Jose GI Forum. life,realI came e t life, I came in the harsh conclusion that a hat by virtue of being born black, I am considered a theystudies to say exactly how many people feel they have beenvictimsof racial profiling. the Billy DeFtank Lesbian and Gay Community Center and the San Jose suspect. There had been previous indicators: A large The small studies and anecdotal evidence supplied by thousands of people of color — Peace Officers Association. It's an excellent example of community Police presence whenever a predominantly black football team came to play st my mostly including lawyers, doctors and entertainers aren't for members and police working together to provide the most professional white high school. The time when I lust — enough police agencies, government officials or most of American service possible. missed, by 151nlnutes, a sweep that rounded society to believe that this despicable practice Our decision to record the data is one of several efforts consistent with up several of my South Richmond friends for no other reason than that they were outside. still exists or is widespread. That Is slowly changing. Some police my commitment to community The countless times when white women have locked their doors and clutched their agencies, like San Jose, have volunteered to keep policing. It goes hand in hand with two other new (Nand in r ne purees when I came into eight statistics of the ethnicity or race of those pulled over for tra(IIc stops. It's a small . we begun a diversity training course for all officers on But that night, 1 became personally aware of the truth. It is a truth that, slowly, more of but positive step toward realizing that people of color have legitimate reasons to be wary of sensitivity issues and the Constitution, America seems to be confronting, as police law enforcement. put together by the National Conference Community and agencies from California to New Jersey have been accused of using racial profiling to de- THERE IS lo SET of rules all black men Justice. The racial -profiling issue is termine who will be stopped and when. told follow they are ever pulled over really constitutional issue: the right itutinal isue I was walking home after finishing a 3 p.m. by l v by the police. I have them memorized: all citizens, regardless of race, to be i to -midnight shift at a local grocery store. Sud- •Keep your hands m plain view, free from illegal search and seizure. free denly, a voice car made a U-turn and hit the preferably gripping the steering wheel. • We have now implemented a lights. A voice screamed, "Stay where you are , Say "air" whenever you open your mourn directive that requires officers to explain reasons for car stops, a step I and keep your hands where I can see them." I froze. sommomm� •Announce any hope will help us improve our I was expecting some big, tell Bull Connor DWB .. , exlets movements you are god to make — relations with the community. Officers will do this in every case unless look -alike to step from the car. But it turned out to be a short African -American woman not onl because y don't even reach for there's some logical law -enforcement who asked where I was headed and when I there are bad your wallet or glove reason to withhold the information. was coming from. Her hand was on the butt cops, but because compartment without first telling other unsnapped pistol the whole time. I told her I was coming from work and heading home, if the bright The pUbllC MOWS the officer. ft. I obey these rules /ws ���� as red windbreak- to the letter. An O7 er with the store's name emblazoned in white overreaction? No. across it couldn't say that for me. She said there had been a report of a robbery at the store and I fit the description of a suspect. Obviously there hadn't been a robbery — I had just left the store. But what was I to say? Looking into her eyes. I realized that one wrong move could lead to my being a) carted off to jail, b) beaten, then carted off to jail, or c) shot, then carted off to jail. I said nothing. She looked me over and told me to get home. And I did. In the 12 years since, I have been stopped by officers for no apparent reason five more times. That doesn't count the times I've been pulled over for having a taillight out or for going a few miles over the speed limit Being pulled over for a DWB, or "Driving While Black or Brown;' is not a new phenom- enon. It harkens back to slavery days, when any black person encountered after dark — or during the day, for that matter — would be stopped and made to present proof of the mas- ter's permission to be out and about. But if you were to ask most police agencies and the mainstream press, this was one of those "urban myths" — a phenomenon that didn't exist until a few high -profile cases brought it to public attention. Now, as the Department of Justice, the American Civil Liberties Union and the National Association for the Advancement of Colored People begin a nationwide campaign to combat this scourge — and as the lawsuits pile up, including one filed this summer against the California Highway Patrol — the public is waking up. People sre beginning to realize that every time you see a car filled with young black, Latino or Asian men on the side of the road surrounded by cops, the men aren't necessarily gang -bangers or gang -rapists. Quite often they are young men who are go- ing to work, to family events, to have a good time with friends. Or simply going home. "How do you know a police stop is based on race?" some skeptics ask. Easy. The same way you know a job interview isn't going right because you said the wrong thing. The same way you realize. When officers make a stop, one of the first things they do is unsnap their holsters for may access to their weapons. The partner, if there is one, is standing to the right rear of the car, hands resting on the butt of another pistol unsnapped from its holster. One "suspicious" move, and the next day's headlines will read, "Officers shoot man reaching for gun." AS A REPORTER, I deal with officers on the job. They seem to be nice people, but that is when they know me as "Marcus Walton from the Mercury News." When I am not wearing my press credentials, our relationship is far different. I am no longer an irritating but harmless reporter. Often I son just another "suspect" who Ills their profile. The DWB phenomenon exists not only because there are bad cops, but because the public allows it. Some people believe illegal and immoral activity by our law enforcement is a small price to pay to get a statistical drop in the crime rate. But how can we demand that citizens follow the law if those who are sworn to uphold it are allowed to deface it? DWB returns us to the Napoleonic Code, where everyone is guilty until proven innocent I hope this recent attention to the issue means we can all rest assured that we no longer have police officers who think it is just and right to stop and harass people based solely on the color of their skin. I believe a change is going to come. Each generation gets to leave a nasty piece of our past to the history books and our cul- tural memory. My mother didn't have to teach me about Jim Crow laws in order for me to survive my childhood. Her mother didn't have to warn her about the Night Rid- ers. And maybe, just maybe, I won't have to teach my children about surviving a DWB. Marcus E. Walton Is a San Jesse Mercury News staff writer. MOOR agile, Newlgplrs How we conduct our day-to-day business is every bit as important as what we accomplish. Along with the department's 20-year commitment to hiring a force that mirrors the community, I hope these steps will make the San Jose Police Department a national leader in treating everyone with respect and courtesy. As Bill tan Lee, the assistant U.S. attorney in charge of the civil rights division, said in a recent interview here, "The San Jose Police Department should be a model for the rest of the country." Already, I've received calls from police officials across the nation who want to know more about our efforts and who agree that there can be no tolerance for discrimination and prejudice in law enforcement. Still, some police departments have restated efforts at tracking who they stop. They say it might compromise officers' ability to do their jobs or would take too much time. On the contrary: When officers are really committed and dedicated to doing the job, collecting this data should not have the slightest effect, and in fact will help law enforcement by building a stronger relationship with the community. On the other hand, if there is racial profiling, the department should address it because it is illegal. IN DEVELOPING the tracking system here, we've learned that it is really quite simple. If a department as large as San Jose's can do it, it can be easily done in most police departments, with no additional costs. We have one of the best police departments in the country because of the quality and dedication of the men and women who work here. The collection of the data and its analysis Will help us to become even better. It is the right thing to do and the right time to do it. Bill Lansdowne is chief of the San Jose, Cal{(, Police Department. He wrote this article for the San Jose Mercury News. Might RlE Newspapers PR&E 42 of 20