HomeMy WebLinkAbout08-10-1999 ArticlesWashingtoppost.com: Police Panel Late on Reports
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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.
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"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
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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.
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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
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2 ways of looking at
`Driving While Black'
Chiefs view:
I won
Why we track
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racial data
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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
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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
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