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Home My WebLink About09-12-2000 ArticlesW Summer 2000 Meeting the Challenge Brian C. Reeder 2 NACOLE history Board of directors 3 In praise of mediation Barbara Attord 4 Peer Support Pierce Murphy 5 NACOLE's Sixth Annual Conference 7 Membership Form 9 Conference Agenda 11 Denver PSRC Joseph G.Sandoval 12 Resources for civilian oversight Sue Quinn 13 Employment opportunities Lie to my ten-year tenure of service and involvement in the area of citizens' review of police, 1 feel that the theme of this year's conference is very appropriate for our consideration. This year's theme highlights the important aspect of cooperation between community and police, which in my estimation, is the vital link in the success of any citizens' review mechanisin. That theme is "Meeting the Challenge and Duty of Oversight: The Work of Community and Police." Four years ago Mr Larna Spearman, ( tit wnt ,NACOLI{ 1 Secretary, Mr..lames.1ohnson, then Director of the Cincinnati Office of Municipal Investigations and current Director on the NACOLE Board of Directors, and I participated in a meeting requested by a diverse croup of citizens. 'I he group included legislators, police representatives and conununily activists front Louisville. KY, who were interested in citizen.roview. I Mr .lohnson arranged the meeling so the oroup nnt,01t examine two very different forms of ( it5/at review rocesses which exist in the cities of In(ITana pill is, IV. anel p ( Inclnnati, ()I1. The meetinl', was arranged and there %ra,ti a very lilt cresti ng discussion repanlln", the salient points of cacti type of review as Ihey explore et the possihihl\ oI initlatiiir their own citizens real.%% process In Louiscilk. KY. eontmmod", 'p i by Brian C. Reeder, NACOLE President i' A br�efhistor.yofNlC?LE ` ... In 1993, several mem- bers of the U.S. delegation to the International Associa- tion for Civilian Over- sight of Law Enforcement (IACOLE) conference in Cambridge, Massachu- setts met to discuss issues of mutual concern relating to civilian oversight within the United Sates. The agenda of this meeting was the formation of a national organization to address the specific needs of civilians organized for law enforcement over- sight. At the 1994 IACOLE President Brian C. Reeder conference in Orlando, Florida, U.S. delegates continued to discuss the creation of the new national organization. In April of 1995, a group of individuals met in Landover, Maryland and approved the articles of incorporation and preliminary bylaws. On May 16, 1995, the Na- tional Association for Civilian Oversight of Law Enforcement (NACOLE) began its operations. As NACOLE continues to grow, the relationship between police and community- particularly Indianapolis, IN (317) 327-3429 creeder@indygov.org Vice President Malvina Monteiro Cambridge, MA (617) 349-6155 MMonteiro@ci.cambridge.ma.us Secretary Larna Spearman Indianapolis, IN (317) 276-3751 SPEARMAN—LARNA—K@Iilly.com Treasurer Clyde B. Davis Lanham, MD (301) 794-0264 davisf@nysnet.net the minority community - continues to be one of the most critical social issues facing this coun- try. The number of civilian oversight agen- cies in the U.S. has significantly increased. Of the nation's 100 largest cities, 71 have citizen review mecha- nisms. Since 1996, NACOLE has assisted more than 20 cities in their establishment of systems. NACOLE recognizes that the majority of law enforcement officers strive, often under Members -at -Large Donald Casimere dangerous and demand- ing circumstances, to carry out their duties in a restrained, lawful and professional manner. Despite this, the United States has a growing crisis of police miscon- duct. Citizens want to feel secure that police officers are in the com- munity to serve and protect all citizens of that community. We believe that citizens have a right to assurance that adequate mecha- nisms are available to review and investigate questionable or unac- ceptable actions of law enforcement officers. ■ Richmond, CA (510) 307-8032 dcasi mere@gw.sacto.o r K Felicia Davis Syracuse, NY (315) 448-8750 cdavis@ultka-tech.com James L. Johnson Cincinnati, OH (513) 352-6990 james.johnson@cinlaw.rcc.org Joseph Sandoval Denver, CO (303) 556-3161 Sandovaj@mscd.edu Sue Quinn San Diego, CA (619) 293-0614 Suelgq@aol.com NACOLE Review off . • 6 '6<Y ediation changes lives. A successful mediation causes its participants to view the world from the perspective of the opposing party —a place they would not otherwise venture. As a civilian oversight professional focusing on police accountability, 1 was skeptical about resolving cases through alternative dispute resolution processes. After seeing mediation produce dramatic results, I have been converted. Investigations of police miscon- duct complaints have limited efficacy in cases concerning discourtesy and attitude. These cases are notoriously hard to prove and the majority result in findings of "not sustained." Because there is no definitive finding, both civilians and officers feel that they have not been heard and that the process did not work for them. It is difficult to convince the parties in police misconduct cases to participate in mediation because they do not have an ongoing relationship scion '- with each other. Because they are not part of the same family or neighbor- hood, they do not have a vested interest in fixing the relationship. The civilian over- sight practitioner almost always must convince the parties to participate in mediation, but when the parties do agree, the results are often remarkable. Mediation is different. Through the process of mediation, both the complainant and the officer can gain an understanding of why the other person acted as he or she did. When the parties gain this knowledge, they are able to place each other's behavior into a new and comprehensible context. A successful mediation brings the parties to a new level of understanding, where forgive- ness and healing can begin. 64 [M]ediation is a... powerful tool in bringing about real change. Because there is no losing side... both parties can come away with genuine understanding and good feelings toward each other and the civilian oversight process» The goal in police misconduct investigations is determining and correcting errant behavior. While traditional discipline is an impor- tant tool in the process, mediation is a much more powerful tool in bringing about real change. Because there is no losing side in a successful mediation, both parties can come away with genuine understanding and good feelings toward each other and the civilian oversight process. When developing a mediation program, it is important to employ impartial mediators who can be trusted by both parties. Although some systems use staff, commis- sioners or ranking officers to conduct mediations, most agen- cies choose to go outside to find mediators. The Berkeley Police Review Commission (PRC) media- tion program utilizes the services of Berkeley Dispute Resolution Service (BDRS) to conduct its mediations. BDRS handles the case completely upon referral, assign- ing its own experienced mediators to each case. Sarah Calderon,a BDRS staff member, says that mediation "levels the playing field, allowing people to get out of the power imbalance of their normal roles to discuss what happened as people. When people are willing to talk and communicate, it can be transformation —a big success." Although the PRC mediation program is in its infancy, it has already proven itself to be an important vehicle for complaint resolution. There are conflicting opinions on what types of cases should be addressed in mediation. Some jurisdictions have strict rules preventing cases involving excessive force and racial or sexual slurs to be addressed outside of traditional disciplinary procedures. Restrictions are sometimes set to prevent officers from using mediation repeatedly within a given period of time, because in many systems, medi- ated cases are removed from the officer's personnel file. The ratio- nale for these restrictions on the use of mediation is that some cases are deemed too serious not to be handled as misconduct cases and registered in the officer's record. Critics of these restrictions argue that mediation can be the more successful means of changing behavior, for these types of cases in particular, the option should be available. ■ Questions? You can reach Barbara Attard at (510) 644-6716, or uia e- mailatBAttard@ci.berkely.(-a.us. • • • NACOLE Review n the course of looking into a complaint about the excessive use of force by police, it became apparent that a contributing factor in the case was the physical and mental disability of the complainant. The actions and decisions of the complainant, which looked like aggression to the police, were likely no threat to the officers. They were caused by a combination of mental illness and a seizure -like syndrome. Unfortunately, the situation escalated, force was used, the complainant was injured by the police, and he was charged with resisting and obstructing an officer. My research into this case pointed out that our Police Department has no policy or special training to help officers distinguish between real threats of violence and the actions of a mentally ill t .from the On November 9, 1999,1 attended a town forum in Louisville, KY, hosted by the Kentucky Commission on Human Rights. With me was another NACOLE member Carol Scott, Executive Director from Knoxville, TN. We discussed the merits of creating a citizens' review panel with several members of the community and afterward had meaningful discussions with several aldermen who stated that they had changed their position on viable independent review of police in Louisville. After four years of debate, persuasion and citizens' support for the idea, a police review enabling ordinance was passed by the Louisville Board of Aldermen and approved on May 9, 2000 by a vote of G to 5 to adopt the measure. Beforewe celebrate too much, let me inform you of the fact that the Mayor, Mr. Dave Armstrong, vetoed the measure on May 19, 2000. In his veto he stated, "In organizations like police and fire, chains of command are critical, accountability is vital. The ordinance [would] blur the lines of authority.... Public employees must be responsible and accountable to an ultimate boss... Police officers are accountable to the Mayor, not a citizens' panel created by the aldermen. " and/or physically disabled person. In preparing a recommendation that such a policy and training be developed, I accessed several sources of information. One source was the NACOLE e-mail list maintained by Sue Quinn. I sent out the following request: "I would appreciate any information on model policies, procedures, and/or training that will help police to handle encounters with people with disabilities that my look like aggression or resistance." I received six replies, five of which came back withing 48 hours. Two of the responders sent me ident ",> hard copies of their policies. Two others referred me to resources on the Internet that might be of help. As a result of the request, I have made a formal recommendation to the Chief of Police and can offer him some concrete ideas for addressing this issue. It is good to know that my NACOLE peers are there to help me and provide support when needed. ■ by Pierce Murphy Community Ombudsman Boise, Idaho LPMurphy@pobcx.d.boise idus continued from front page (Quoted from: The Louisville Courier -Journal, Saturday, May 20, 2000) It seems to be impossible for accountability to be tied to the community unless it is from the Mayor's office. The Mayor of Louisville's misconception demonstrates the tremendous need for there to be more meaningful and persuasive discussion and additional compelling evidence catalogued to validate the fact that the partnership between citizens' review and police can be one that is neither destructive nor intrusive. Instead, it should be perceived as a relationship which builds the credibility of the department and leads to the strengthening of the integrity of each officer, without blurring the lines of authority. 1 believe that there will be citizens' review in Louisville, KY. However, this pervasive attitude demonstrates the need for NACOLE to continue to address this vital issue and, for each of you to participate in these important discussions. NACOLE's desire is to see each of you at this year's conference and for all of our membership to participate in the elections and strategic planning sessions as we continue to promote civilian review in the United States. ■ NACOLE Review � • . • - NACOLE's Sixth Annual Conference: he Board of Directors is pleased to announce NACOLE's sixth annual conference, September 26-29, 2000 in Kauai, Hawaii. The conference theme this year is "Meeting the Challenge and Duty of Oversight: The work of Community and Police." NACOLE is honored to accept the Kauai Police Commission's offer to host the 2000 conference. NACOLE is grateful to all its Hawaiian members for their support and participation in the organization's mission and operation. After receiving invitations from a number of cities including Houston TX, Denver CO, Cambridge MA and Kauai HI, NACOLE selected Kauai for the most reasonable hotel rates and comparable airfares from most points in the U.S. This choice of location gives NACOLE an opportunity to cooperate with an innova- tive and highly effective police review commission and view their successful police community relations with oversight systems first hand. The conference will be held at the Kauai Beach Resort, centrally located with convenient access to the Lihue County Airport, shopping areas and a recently redeveloped town center. Because the conference takes place in the off-season for tourism to Hawaii, the Kauai Beach Resort is able to offer very reasonable rates to our conference attendees. Hawaii is unique for its cultural diversity and positive recent history of police -community relations. The goal of the conference is to maximize participation from all the Islands and the West, Mid West, and East Coast of the U.S. where the majority of NACOLE's members hail from. NACOLE wishes to recognize the enormous contributions of its members from through out the United States. NACOLE consistently attracts high -caliber speakers for its conference panels, including members of the U.S. Justice Department, U.S. House of Representa- tives, the American Civil Liberties Union, members of civilian review boards, civil rights advocates, commu- nity activists, police department managers and union officials. We are confident that this year's speakers will carry on the thought -provoking dialogues NACOLE has made possible in previous years. We hope that you and your agency will be present at this year's conference to contribute your ideas on the issues that we all face together. If you have specific ideas on how your agency would like to contribute to the conference agenda, whether by recommending a speaker, presenting a panel or sponsoring an event please contact any NACOLE board member. ABOUTTHE ORGANIZATION The National Association for Civilian Oversight of Law Enforcement (NACOLE) was established in 1995 and became a non-profit, tax-exempt professional organization in 1999. NACOLE provides practitioners of civilian oversight with the opportunity to dialogue and exchange information on patterns and practices of unacceptable actions of law enforcement person- nel. NACOLE is recognized by many leading organiza- tions and endorsed by the International Association for Civilian Oversight of Law Enforcement OACOLE) and the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE). The relationship between police and persons of color, homeless, and the mentally ill continues to be one of the most critical social issues in the United States. The number of civilian oversight agencies in this country has increased significantly in recent years. About 71 of the nation's 100 largest cities have citizen review mechanisms. In 1996 and 1999, NA- COLE assisted over 20 cities that were interested in establishing civilian oversight systems, most recently Riverside CA. NACOLE recognizes that the majority of law enforce- ment officers strive, often under dangerous and demanding circumstances, to carry out their duties in a restrained, lawful and professional manner. However, the growing numbers of force incidents resulting in death or serious injuries in the past several years have continued to polarize communi- ties of color. For instance, men of color interviewed recently in the press and television said they no longer feel safe and free on the streets because they fear the police. .. • NACOLE Review Simple citizen -police contacts escalate into violence and preventable deaths and injuries. These instances deepen community mistrust of the police— the very people we bestow with the responsibility to enforce the laws and protect Individuals and property. These events demonstrate the urgent need for law enforce- ment leadership to make serious effort as a willing, sincere, and open minded partner, to recognize concerns and ideas that are different then theirs in order to improve police -community relations. The US Justice Department has investigated or is considering investigating police misconduct and failures of accountability in many cities and states in the past years to determine pattern and practice of police misconduct. These places include New York City, NY, Pittsburg, PA, Providence, RI, Prince George's County, MD, Montgomery County, MD, Los Angeles, CA, and the states of New Jersey and Ohio. NACOLE STRIVES TO: O Facilitate and involve the community as a true partner in community policing. O Provide educational opportunities and technical assistance to existing and emerging organizations that perform civilian oversight of law enforcement. O Encourage and promote the highest ethical and professional standards in organizations providing civilian oversight of law enforcement. O Provide a national forum for exchange of infor- mation for agencies that provide civilian oversight of law enforcement. WHO SHOULD ATTEND? Participants in this conference may be: Civilian Oversight Agency personnel; Police Commissioners/ Chiefs; Law Enforcement Agency personnel (sworn and non -sworn); Police Union Representatives; Internal Affairs Staff; Social Service Agencies; Fed- eral, State, and Local Officials; Special Interest Groups; Communities interested in creating civilian review boards; Volunteers; and Colleges, Universities and students. The general public is also invited. BENEFITS OF THE CONFERENCE •.• Exposure to critical law enforcement issues shaping our future. Opportunities to undertake new roles in civilian oversight nationally and locally. Opportunities to meet and share ideas with leaders in the civilian oversight field. S• Membership in a fast-growing national network of civilian oversight and law enforcement leaders across the United States. Development of essential skills to involve the community as a partner in community policing. Extensive national dialogue between law enforcement personnel, citizens and civilian over- sight practitioners. Define what communities need to know when establishing a civilian oversight system, changing existing review mechanisms and what accomplish- ments can be expected in the short and long term in any jurisdiction. Network with city and state agencies to promote civilian oversight and police accountability reform processes. Explain types of resistance used to derail or co- opt any form of civilian oversight system and effec- tive strategies of countering that resistance. Discuss what a community can expect to gain from a functioning civilian review process, and how citizen review agencies are effective in reductions of municipal liability suits. NACOLE Review Summer2000 • • • FK r■ Sustaining members are organizations and individuals who wish to make tax deductible contributions to the further the goals and principles of NACOLE. Donations begin at $500. Organizational members are agencies of board who provide civilian oversight of law enforcement by legislative or executive mandate. These agencies will receive one transferable regular membership and associate memberships for the remain- ing members of their boards. Annual dues: $300 Regular members are individuals who are not sworn law enforcement officers but who work or have worked for agencies that are mandated y legislative or execu- tive authority to investigate and review complaints against law enforcement officers. Annual dues: $150. ?AssociateMemb6m Associate members are individuals concerned with the oversight of law enforce- ment. The members shall be able to participate in all NACOLE activities, includ- ing serving on committees, but are ineligible to vote or serve as officers. Annual dues. $100. student M�nbers Student members are individuals who are full-time students and are concerned with the oversight of law enforcement. Student members will be able to serve on committees but are ineligible to vote or serve as officers. Annual dues: $25. All memberships include a one-year subscription to the NACOLE Review. (over) page 7 Summer 20 1COLE Review Name Organization or company Title Organization telephone (with area code) Organization address City, State, Zip Home address City, State, Zip Home telephone (with area code) Organization fax Home e-mail Organization e-mail Home fax Make checks payable to NACOLE, Mail form and payment to: NACOLE P.O. Box 1110 Lanham, Maryland 20703 NACOLE Review • • • - 6:00 PM TO 9:00 PM Pre -Registration and Reception Plumeira Room or outdoors 8:00AMTO 8:30AM Registration and Continental Breakfast 8:30 AM TO 10:00 AM Opening Hawaiian Blessing Chant Kumu Hula, Pohaku Mighimitsu Honor Guards President's Remarks City Officials - Welcome 1 O:AM TO 10:45 AM Keynote Address Jeff Eglash, Inspector General LA Police Commission Conference Theme: "Meeting the Challenge and Duty of Oversight:The Work of Community and Police." 10:45 TO 1 1:00 AM Break 11:00 AM TO 12:30 PM Panel Discussion: Assessing Credibility Moderator, Joe Sadoval NACOLE Board Member The panel will address complaints where little evidence and conflicting and often uncorroborated state- ments from complainant and subject officer exist to uncover hidden infor- mation, and to judge credibility of in- vestigation documents. The panel will also address issues of police cor- ruption, police or complainant fab- rication, planting evidence, false re- porting and inadequate internal af- fairs investigations. Attendees will learn strategies to evaluate com- plainant and officer statements and come to a definite conclusion. Panelist: Lee Donohue, Police Chief Honolulu Police Department, Don Morrison, President of CACOLE 12:30 PM TO 1:45 PM Lunch hosted Keynote Speakers: Peter Carlisli, Prosecuting Attorney for Honolulu and Robert Aaronson, Attorney, Palo Alta, CA 2:00 PM TO 5:00 PM Case Study: Practicum: Group Skill Building Training: Skill Training Scenario: Case study to be made up of a complainant's and a subject officer's conflicting state- ments. The panel will conduct train- ing in small groups to explore how the group will examine the state- ments, and the complainant & sub- ject officer to come to a conclusion. If no conclusion can be made, small groups will outline what makes it impossible to decide, and will iden- tify further investigation they must conduct or have their Internal Affairs Units conduct before completing the investigation. 6:00 PM TO 9:00 PM Dinner Hawaiian entertainment with cash bar 8:00 AM TO 9:00 AM Continental Breakfast 9:00 AM TO 10:15 AM Panel Discussion Mediation: When, Why, and How Moderator: Barbara Attard Director Berkeley Police Commission This workshop will highlight the mediation process in various cities such as Berkeley, Minneapolis, Port- land & Hawaii and map out timelines; budgets; what has worked, what hasn't; how to adapt to other meth- ods. The speakers will also cover what research has shown and de- scribe the usefulness of mediation, when to and when not to use it. Con- ference attendees will learn how to build a mediation process from the ground up and what pitfalls to avoid in the process. 10:15 AM TO 10:30 AM Break 10:30 AM TO 11:45 AM Panel Discussion Mediation: When, Why, and How 12:00 PM TO 1:45 PM Luncheon Michelle Alexander, Esq. Southern California, ACLU Keynote Moderator: Teresa Guerreo-Daley, Auditor City of San Jose, and California Topic: Racial Profiling Update 2:00 PM TO 5:00 PM Two Tracks TRACK-1 Models of Civilian Oversight: Similarities, Differences and Expectations, Sue Quinn, Facilitator This presentation is designed for persons new to civilian oversight and for jurisdictions intending to imple- ment an oversight process. Varieties of oversight will be described; their similarities and differences will be highlighted. Pros and cons of the models will be described. The ex- pected, predictable challenges to oversight will be outlined. Technical assistance and further resources will be available. TRACK -II Managing the Oversight Process: Making Sense of it All Facilitators, Felicia Davis, NACOLE Board Member and Chris Reeder, NACOLE Present A nuts and bolts discussion of is- sues faced by new executive direc- tors in setting up agency offices, implementing operation procedures, policies, and oversight mandates. At- tendees will learn to field public in- formation requests, and to under- stand open meeting laws. Practitio- ner will learn to create agency bud- gets while interfacing as effective li- aisons with city administration, law department, police executives and unions. Participants will discuss • • • NACOLE Review strategies to build coalitions with community, media, and other concerned entities. 5.:00 PM Dinner -on your own 8:30 AM Coffee 9:00 AM TO 10:45 AM Wrap-up Announcements 11:00 AMTO 12:00 PM Business Meeting Election 12:00 PM Lunch -on your own 6:00 PM Banquet Dinner and Cocktails Entertainment Program Aloha Remarks CONFERENCE END See you next year! CONFERENCE LOCATION: 4331 Kauai Beach Drive Lihue, HI 96766 Reservations can be made by calling: 1-888-245-7717Tel.(808) 245- 1955 Fax: (808) 245-3956/Group Department Check in time is 3:00 PM. Check out time is 12:00 noon. Children 17 years and under are free when sharing with parents and utilizing existing beds. INDIVIDUAL GUEST WILL BE RESPONSIBLE FOR HOTEL BELLMAN SERVICES. (Current Industry Rate: $4.90 inclusive, round-trip, per person) DEADLINE: Final day for reservation is: August 24, 2000. Cancellation: A reser- vation must be canceled no Later than 72 hours prior to arrival. Deposit by personal check preferred (U.S.. dollars): pay to the order of Kauai Beach Resort. CREDIT CARDS are accepted. *A name and deposit is required for each reservation, *Reservation is confirmed when deposit is received within 10 days of booking. A written confirmation will be mailed. Cardholder Name: Expiration Date: Type of Card: Card Number: Mastercard Interbank Number (4 Digits)): Billing Address: Please return this form and one night's deposit to: Kauai Beach Resort, Beach Drive, Lihue, HI 96766 Attn: Cory Manalani/Reservations Name: Title/Agency: Address: City: State/Zip: Telephone: Fax: Email: EARLY REGISTRATION (by August 24,2000) O $250 Regular Member D $250 Organizational Member O $275 Student Member O $300 Associate Member O $300 Non Member Registration Plus Membership O $550 Organizational Member O $400 Regular Member O $400 Associate Member ❑ $300 Student Member ( Take 20% discount for groups of two or more from the same agency ( Add $50 for each late registration postmarked August 24, 2000 or after Amount Enclosed $ Please make checks payable to NACOLE and mail it to: P. O. Box 1110 Lanham, MD 20703 ( No refund for cancel aRerAugust 24, 2000 f NACOLE Review its ... I byJoseph G. Sandoval sandovaj@mscd.edu he enabling legislation leading to the creation of the Public Safety Review Commis- sion of the City and County of Denver, Colorado was the result of compromise. The Denver City Council enacted the ordinance creating the commis- sion in August of 1992. The Commission began to function in January 1993 with seven Commissioners ap- pointed by the Mayor. The selection process now requires the City Council to approve the appointment of the Mayor. Each Commis- sioner serves a four- year term and there are limitations of two terms. The Commission serves as a reviewing body over the investigations and conclusions of the Denver Police Depart - Denver PSRC looks forward to continuing its work into the new millennium ment in matters involv- ing alleged police misconduct. The Commission does have subpoena power and the authority to hire an independent investiga- tor. However, all Commissioners are volunteers and one staff person serves the Commission. During the past seven years the Commission has reviewed 468 complaints. All com- plaints are not re- viewed, but the com- plainant must request review after the Denver Police Department has investigated the complaint and issued a finding of not sus- tained, unfounded or exonerated. The Denver Police investigated 2635 citizen complaints during the past eight years and sustained 11.7% (306) of those complaints. Complain- ants requested the Commission to review 17.5% (468) of all citizen complaints. After review by the Commission, Commis- sioners recommended a change in the finding for 16 % of the com- plaints reviewed. Although Commission- ers agreed with the departmental findings in 84% of cases re- viewed, the Commis- sion has had to defend its authority under the Ordinance since the beginning. The Police Protective Association has made efforts to eviscerate the power granted under the ordinance through political and legal challenges. Fortu- nately, the Commission has prevailed in most of these challenges and looks forward to continuing its work into the new millen- nium. ■ page 11 Summer 2000 LIFITGrel 1:8 :-- Respectful and Effective Policing Vera Institute, March 1999 Available online at: http://www.vera.org/vhp.Bronx-web.3htmi Focusing on two New York precincts, the 42nd and 44th, which experienced both reduced crime and reduced complaint levels, this report outlines "broken windows" policing and exposes the fallacy that reduced crime must include aggressive, disre- spectful policing. The authors suggest that the impressive statistics in the 42nd and 44th precincts are the result of two police managers with differing management styles, each expecting their subordi- nates to interact respectfully with the populations they serve. This article provides an innovative methodology for studying comparative crime and complaint rates in other jurisdictions and poses critical questions for training discussions among board members and law enforcement professionals. Eleventh Semiannual Report on the Los Angeles Sheriff's Department Merrick Bobb, October 1999 Special Counsel to Los Angeles County Board of Supervisors on Sheriff's Department Available online at: http:// www.co.la.ca.us/1 1 thereport.htm The eleventh installment in a series of semiannual reports on issues in the Sheriff's Department, this report discusses sexual harassment within the department and attempts and costs to curtail it, retention of personnel data, use of force training, use of canines and litigation. These reports are always instructive to those examining law enforce- ment accountability. If your jurisdiction is examin- ing any of the current topics, you are likely to find useful information here. Invest►gat►ve Procedures and t Guidelines San Jose Independent Police Auditor, Profes- sional Standards and Conduct Unit This manual provides an important model for investigation monitoring, based on established practices of the San Jose Independent Police Auditor. Contact Theresa Guerrero -Daley at Teresa.Guerrero- Daley@ci.sj.ca.us USA: Race, Rights and Police Brutality Amnesty International Available online at http://www.amnesty.org/rightsforaI[/police/ brutality Amnesty's September 1999 report discusses critical issues in police brutality including national and federal initiatives, international standards, on -going investigations of pepper spray, stun belt and police dog misuse and police abuse of gays, lesbians and the mentally ill. Use of Force by Police: Overview of National and Local Data National Institute of Justice and Bureau of Justice Statistics Available online at http://www,ncjrs.org/txtfilesl /nij/176330.txt The NIJ's October 1999 report provides an overview of research on the use of force, the latest findings from NIJ-sponsored research projects and suggests areas needing further research. It you koom of a resource that mould be of use: to your colleagues, please forward the information to Sue Quinn atSuetgq@aotcotn for inclusion in future issues of The NACOLF, keview. NACOLE Review 0 . a - Merrick Bobb, June 2000 Special Counsel to Los Angeles County Board of Supervisors on Sheriff's Department Available online at: http://www.co.1a.ca.us/12S heriffRprt.pdf In June, the 12th Semiannual Report on the Los Angeles County Sheriffs Department was released by LA Special Counsel Merrick J. Bobb. This report contains studies on the following issues in LA Sheriff's Department that may be instructive for your jurisdiction and useful to oversight Boards examining similar issues. The topics include 1. How Community Oriented Policing Is Imple- mented, including a discussion of COPS program mission, policies, supervision and accountability 2. Fighting corruption in a law enforcement agency 3. Canines, including bite analyses and liability issues 4. Medical care in the jails 5. Personnel tracking using the Personnel Perfor- mance Index. Policing the Police David C.Anderson,The American Prospect no. 42,January-February 1999. Available online at: http://www.prospect.org/archives/42/ 42anderson.html Anderson explores the effectiveness of community policing and quality -of -life policing. Discussion Paper #8: "Sanctioning Police Misconduct: General Principles" The Royal Canadian Mounted Police External Review Committee. Available online at: http://www.erc-cee.gc.ca/Discussion/english/ eDP8.htm Employment opportunities Department of Justice, Civil Rights Division, Special Litigation Section he Civil Rights Division is hiring lawyers with at least two to three years' experience, paralegals, and investigators. Thirty to forty posi- tions are available in two sections, the Housing and Civil Enforcement Section and the Special Litiga- tion Section. Other sections may also be hiring but in lesser numbers. The Special Litigation Section is charged with enforcing federal civil rights statutes in three major areas: conditions of institutional confine- ment, conduct of law enforcement agencies, and access to reproduc- tive health facilities and places of religious worship. Interested persons should send a resume to: Steven H. Rosenbaum Chief Special Litigation Section Civil Rights Division US Department of Justice 601 D Street NW, Suite 5200 Washington, DC 20004 (202)514-6255 The Housing Section enforces the Fair Housing Act and the Equal Credit Opportu- nity Act. Send resumes to: Joan A. Magagna Chief Housing and Civil Enforcement Section Civil Rights Division US Department of Justice 601 D. Street NW, Suite 5909 Washington, DC 20004 (202) 5144713 • • ' NACOLE Review o� (�vilian Ovets, - 1137 0 0 •ia NACOLE 3 -..dolts • National Association for Civilian Oversight of Law Enforcement P.0.Box 1110 Lanham, Maryland 20703 The NACOLE Review is published twice a year for the members of NACOLE. National Association for Civilian Oversight of Law Enforcement P.O. Box1110 Lanham, Maryland 20703 (301) 731-5808 ■ Fax (301) 794-0264 E-mail: NACOLE95@aol.com Editor: Suzanne Egbert segbert@yahoo.com m 2000 NACOLE, Inc. All rights reserved. John Watson Police Citizens Review Board 410 E. Washington Street Iowa City, IA 52240 first class mail Sandy Sauer From: media@twa-city.OM -Sent: Friday, September 08, 20DO 11.28 AM o: sandy_bauerQbwacity.org subject: RELEASE: Traffic Stop Demographics Contact: Sgt. Bill Campbell Phone: (319) 356-5293 Date: 09-08-2000 Time: 11:15 am Authority of: Chief R.J. Winkelhake Sergeant Sid Jackson recently attended the Southern Police Institute at the University of Louisville. One of the requirements of the course work is to do a research paper that can or will be utilized by the attendee's agency. The topic of Sergeant Jackson's research was Racial Profiling. The topic of Racial Profiling has been one that the Department has been interested in for some time. The issue is very much on the national screen of items of interest. The Iowa City Police Department has taken some steps to attempt to gain a better understanding of Racial Profiling. Sergeant Jackson introduces his paper with a review with a number of items of data from various authors and studies on the topic of Racial Profiling. Sergeant Jackson speaks to what the police department has undertaken in the area of concerns about L'gang problems" which have an adverse effect on the quality of _fe in different neighborhoods of the city. Sergeant Jackson did a review of the literature of the topic as well as reviewed the recent court cases on his research topic. The substance of Sergeant Jackson's paper is found in the recommendation's section. In the recommendation's section Sergeant Jackson reviews what the department is doing or has done and makes some valuable recommendations for future work. The department has collected data on traffic stops since July of 1999. The department collects the race and gender of the drivers. The traffic stops are videotaped. The department provides cultural diversity training for all members throughout the nineties. The department has done three community surveys during the nineties. Sergeant Jackson also included a section titled "What more can we do?" In this section Sergeant Jackson lists a number of items to consider in the future. In addition to collecting data by race and gender he recommends the following data be collected:  the alleged violation prompting the stop "61623; whether there was a search ,61623; what (if anything was searched  the legal basis for any search  whether any contraband was found 1 s#61623; whether an arrest was made 6#61623; whether any property was seized 6#61623; whether there was any physical resistance by the driver or passengers 6#61623; whether any officer used force in connection with the stop #61623; whether any injuries resulted from the stop, and f61623; whether the stop was related to an investigation. The Iowa City Police Department is in the process of reviewing which recommendations it can implement at the present time and which can not be done. If you have questions about the work that Sergeant Jackson has done or the direction that the department is proceeding, please advise. Sergeant Jackson will present his research paper at a state wide conference of Iowa Sheriff's and Police Chief's on Monday, September 11 in Des Moines. The Iowa City Police Department has completed one full year of tracking the traffic stops made by the members of the Police Department. The traffic stops made by the officers of the department are recorded from the observation of the officer and listed by gender as white, black, hispanic, asian, other or unknown. The department also utilized a category of unknown if the officer was not able to make a determination of gender or race by the observation. The breakdown for the first 12 months of traffic stop demographic data is as follows: TOTAL TRAFFIC STOPS: 15545 RACE MALE FEMALE ""Mite 8246 5018 .ack 849 381 Hispanic 238 85 Asian 311 139 Other 159 37 Unknown 33 19 Unknown Gender and Race 30 The department is continuing to track the traffic stop data and will implement additional steps to assure that racial profiling, simply stopping a vehicle because of the race of the driver, does not take place in the City of Iowa City. If you would like to view Sgt. Jackson's research paper on Racial Profiling, it is located at www.iowa- city.org/police/racialprQfiling.htm ------------------------------------------------ You may view past media releases at http!//www.iowa-city.org/media releases.asp ------------------------------------------------- To unsubscribe to this mailing list, please go to http://%ww.iowa-city.org/mailing/mailing.pl and enter your email address. Then uncheck the lists from which you wish to unsubscribe. 3 N N y CL n H b4 d O O N 0 S O� �S .• ; y v ,._ N .0 6.� OV .V1^. C C C � S C ^: A ° R � C � �+ F u':uhnaOt`5 .5 aa5 o o`oyoc OL°O. uo �3a� 'it. °ice ��d .aoy°p,�,p�°p,Y�:au�E�w -5'°>'F�2c yc�lej �iau�i 0>'sA°1 ,5 m�Ec �RO4 p.sy ,c�xo°n�c��. �0qc �, y vF'S o$ E6Dv 19R -5s d�ai .,ro �Coai4 .�o�u,�93 oo� u$ �v p'am2ya auyn°6:g�d d 12 A o 2�ov3a. > � Coi°om LU!oEroa,mSvR�.,,auQ Ym'vov a�v3 s E. c$ Ag' u �2a3 uQ o u c = c undo CLZ s t.=7 mE.5w°°u'nDs°'n v o oro�O�y+d O ^ co'� °c o `c 0.0 �'E' o a v o a 2.5 ]w0. ro °mdv"n-0 of V1 ppoo ��aoo Eo Suu :S`109 •�..i 6osou oa` ° 9 E�°rou�c �avKsyE�.55° oo 3 E2'S'�,,CCuuEmeco 'L�vpE °L t`��vCo.ou°av5=° �ow°.��' r�� s�s-��R`�oEzy�onv'S era E3�U'D J 000�su°aoowo�VoqoFo.coa 0�1 us 3s you.5o..'ina O , c, p OS .L LU'G+ O w0 oCO ti •. (��/ h a. 3 p N m.s0cv,°�°'o02o3 cj Us"go[Z vcvOO >,�cs 3U aiO4�.53s9Q 12A - The Daily Iowan - Iowa City, Iowa - Wednesday, August 23, 2000 Make cops play by the rules Before you get wild, get wise to your procedural right u a citiren. Trmpations advocates, university and city officials, and the local alcohol indus- try have spilled gallons of ink in recent years debating Iowa City's alcohol policy. From Dean Phillip Jones' moves toabol- ish on -campus, consumption to bar own- ere' reluctance -to take responsibility for t underage drinking, the arguments for .Y and against stiff alcohol laws run the gamut. But one issue (the one that most affects the UI's thousands of undergredu- steel has been overlooked. The issue is, the infringement�of atu-d dents' rights by those in positions of authority. As the powers that be crack down on weekend merry -makers, stu- dents would be wise to educate them- selves on Iowa's laws. Below are some general guidelines to consider when drinking: - !, Whether in a residence hall, apartment. or house, citizens are under no obligation to open the door to Public Safety or the Iowa City police unless the officers serve III freshman Bill Bryce pours beer for friends of the Fleldhouse a warrant. When the door is, opened, oti- cere can and will find "reasonable cause" to enter. Dorm rooms, are considered pri- vate space and therefore are not under the officer's immediate jurisdiction. Simply, and politely, ask the officer (through the door) to return with a war- rant. Blood -alcohol testa instantly provide the law with information regarding a cit- izens sobriety. Luckily, taking it blood. alcohol test is, not required in non -driving situations. If you are suspected of violat- ing public intoxication law or possessing alcohol under the legal age, taking a blood -alcohol test is, going to provide evi- dence to help the state obtain a convic- tion. Unless you are sure that the results will be low (or zero in the case of posses- sion of alcohol under the legal age), you can, and probably should, refuse a blood - alcohol test. In cases of public intoxica- tion, you have the right to demand a b 1 Alcohol -related arrests in Iowa City;1995-1999 1999 lood-a cohol teat. If you are sure that you would return a low feet result, you Being informed is the beat defense ty with the facet accurate and relevant tray demand a feet and use those test against a senseless arrest. Know your information regarding alcohol and law - results as, evidence of sobriety. Although rights. For more information, contact. enforcement issues, portions of this editor - you have no right to a blood -alcohol test Student Legal Services at 335-3276. fat were adapted from a July 7, 2000, edi- in PAULA cases, if you have not been blind earned isa aleditonalwdnr tonal written by David Barnett, titled! drinking at all, you should request a test. - 'Know your rights on Friday nights." Making this request will help you at a In an effort to provide the UI communi- trial if the officer refuses and may con- vince the officer not to charge you if the LETTERS to the editor must be signed and must include the wnter's address and phone number for venti- ; teat is, given and the result is, zero. Again, cation. Letters should not exceed 300 words. The Daily Iowan reserves the right to edit for length and clay - this only applies to non-daving situa- fly. The Daily Iowan will publish only one letter per author per month, and letters will be chosen for publi- cation by the editors according to space considerations. Letters can be sent to The Daily Iowan at 201N lions. Communications Center or via e-mail to daily-iowaneulowa.edu. PCRB discusses 4A Iowa City Press -Citizen Wednesday, August 9, 2000 comments to media By Jennifer Dyke Iowa City Press -Citizen Members of the Police Citizens Review Board are suggesting changes in the way the Iowa City Police Department speaks to the media in certain cases. At its meeting Tuesday, board members suggested to Police Chief R.J. Winkelhake that he assign one person from the department to act as a spokesman during cases that are controver- sial or litigious, and limiting opin- ionated comments to the press. The board pointed specifically to cases such as the death of Eric Shaw. The PCRB originated in 1997 in response to the controversy surrounding Shaw's death, who was shot in his family business by an Iowa City police officer. Which cases in the future would be considered highly con- troversial were not defined. "It's a judgment call, I guess," said PCRB chairman John Watson. "Anything we do could be one of those incidents," Wmkelhake said. "We treat them all the same." Wmkelhake said the depart- ment has a full-time officer who acts as a spokesman to the media, but added that he also encourages other officers to speak to the press since that person only works 40 hours a week. "We really don't have anything to hide. We encourage people to talk to the media," he said. Wudcelhake said the depart- ment will be reviewing its policy on the media sometime in September and will meet with media representatives to discuss it. "Quite frankly, I'm not willing to restrict it to one person," he said. "The biggest concern is offer- ing comments to the press on their personal opinions," said board member Leah Cohen. The Gazette, Wed., Aug. 9, 2000 5B ■ Chief questions need for media policy changes By Erin Walter Gazette staff writer IOWA CITY — Iowa City Police Chief R.J. Winkelhake is skeptical about a citizens review board request that only one officer talk to the press about potentially high -profile cases. "We really don't have anything tohide, so we encourage our people to talk to the media," Winkel - hake said at last night's board meeting. Determining which cases will be controversial or high -profile may also be difficult, he said. The department already has a media relations officer, Sgt. Bill Campbell, who works 40 hours a week, Winkelbake said. But on a 24-hour-aday force, there are many times when the media must get information from other officers, he said. Board members also said officers should refrain from giving their opinions about a case. Doing so, said board chairman Jahn Watson, may question the credibility of complainants in cases. "You just don't want misinformation out there," Watson said. Winkelhake said the department's media policy will be discussed in September. Representatives from print, radio and television news will be involved in the review, as will officers, he said. Despite Watson's request that the board be allowed to contribute to the review, Winkelbake said the decision will be made within the department. In other matters, the board reviewed its policy for complaints made against officers. In the future, the board may specify what areas of concern will be discussed in an officer name -clearing hearing in hopes of getting more officers to come and share their side of the story. Sunday Page 6A nsight Sunday, August 13, Iowa Citv Press-Ctizell 2000 Letter of the week Police should take next step Osho Gray Davidson is an avllwr and occasional eo7nmcitlalor ore local issues. The Iowa City Police Department deserves praise for beginning the practice last year of keeping track of the racial demographics of all traffic stops and releas- ing that information to the public. It was one of the first law enforcement agencies in the state to do so. "Racial profiling" is one of the more controver- sial issues in police/citi- zen relations today, and ,ar. for good rea- son. If it doesn'thap- pen to you, racial profit- Davidson ing may sound like nothing more Than an inconvenience at worst. But when police make routine traffic stops hased on the individual's race, rather than on suspi- ctous behavior or illegal actions, they assault the dig- nity of the citizen and under- mine a basic tenet of our society the behefthat al people should be treated as equals before the law_ Oflesser: bnt real. inyior- tance Is the fact Him r.aclal profiling breaks the all- important bond of trust between the police and the citizens they serve. In the absence of hard data, critics can claun that. cops engage in racial profil- ing here every day. Apologists can swear that the practice never happens. But without the facts, the only thing we can be sure of is that we don't really know what's going on, Again, the ICPD deserves credit for providing information — not first rhetoric. On July 31, the ICPD released its first annual compilation of traffic stop data. While this represents an important step in the right direction, the quality of the information can and should be unproved. Only raw numbers were released in the police report. Based on these figures, I calculat- ed that nearly 8 percent of the total was black. But what does even this figure tell us about the practice of racial profiling here? Without knowing the percentage of black resi- dents in Iowa City, it's still impossible to tell if blacks are stopped disproportion- ately. Expanding future ICPD traffic stop reports to Include these percentages would provide a more cony plete picture of the situa- tion, and help to answer the question: "is racial profiling; a tirohlom in tom•a Cil Vv.. Tho R I'll has taken an important first step. and tar that they should be mlwolt ulaled. Thoy should also he cucouraged to take the ncxi step. Osha Gray Davidson Iowa City P,hl c Viz, taping not new polio - limcaun ion. ann 11111) %%IXXvhilic.sunion.com AspSloricz: story'.asp'storyKo, 39612Kcalegon 1 11MLJ �j ems.,, i.". ... ,. UNK)N Home: News: TodaYs Storles By BRENDAN LYONS, staff writer First published: Wednesday, August 16, 2000 Police say taping not new policy Albany -- Last week's recording of alleged murder confession was at discretion of detectives, they contend A decision by police to tape last week's interview of a murder suspect marks the first time detectives recorded a homicide interrogation since their practices were called into question earlier this year. But authorities contend the decision to record the interview was not a departmental policy shift and has always been at the discretion of the detectives. According to police, Vanessa G. Porter, 32, confessed to killing her landlord July 2 because she was high on crack and behind on her rent. Controversy over whether to electronically record suspects' statements surfaced in January when a city murder suspect was acquitted by a jury that disregarded a typewritten confession that police claimed he signed. Anthony Taylor denied killing his landlord, Daniel Potter, over a rent dispute He subsequently filed a $7 million lawsuit against the city claiming a detective fabricated the confession and forged his signature on it. On April 3, three months after Taylor was acquitted, 20-year-old Kevin W. Cherry was set free on the eve of his second trial for the murder and robbery of a suspected marijuana dealer. Despite having obtained an alleged typewritten confession signed by Cherry, police said they had the wrong man and named two other suspects_ Detense lawyers said the cases underscore the need for police to electronically record all their interviews Of suspects. E ux ffi:rr�rJfr R160011. Q\M 'Po41, a-.: Inplgt nol nevv pohcv' - Inuauuuon cunl 111Ip:1vvvvv. IIIIIC�Onwncom A,P"'101 CS SIo1v.L5patolr NCB J%U ILn'.Catcpmf I - "It's for ajury to interpret what a suspect says, not the police," said defense attorney Raymond Kelly "I'm highly skeptical of any purported confession that is not electronically recorded in its entirety." Albany police have occasionally tape recorded, and even videotaped, their interrogations of murder suspects. But the practice has rarely been done outside the department's Children and Family Services Unit, which investigates homicides of children, otficials said. "At this time we don't have a policy and it's discretionary in its use," said Detective James Miller, the department's spokesman In April, after Cherry was cleared of all charges and released from jail, Albany County District Attorney Sol Greenberg and Albany Police Chief John C. Nielsen announced they would form a task force to study whether to videotape interviews with suspects. But so far, there has been little progress and no decision on a policy. "It hasn't quite worked its way up to the front burner," Nielsen said. "We are still looking at it and ... we do apply it on a case -by -case basis." On Aug 8, Porter, a suspect in the murder of 47-year-old Cecil Nellenback of Albany, was at by detectives Ken Kennedy and Sgt. Charles Arsenault. The detectives tape recorded their interview with Porter while allegedly obtaining a signed confession. Porter was arraigned on second-degree murder charges in County Court on Tuesday Assistant District Attorney Paul A. Clyne said he turned over a copy of the audiotape to Porter's lawyer at her arraignment. If a tape recording captures a defendant's emotions during a confession, such as cryin,,, it can be very powerful evidence in front of a jury, Clyne said. "But in the case of an audiotape or a videotape of a suspect, it still depends in large measure on the credibility of the interviewing police officer," Clyne said -'011 8I60011 �9AM 'I'ohec sas lapmg not new pohe� - Imlewwoireunl ...y.. ..... ...._ ....,. .. A number of large police departments nationwide have been electronically recording interviews with suspects for years In Minneapolis, where audio recordings of interrogations are mandated, veteran detectives say criminal investigations have not been hampered. In fact, many cases have been won because jurors were able to watch or listen to a suspect's interview with police, officials said. Even in municipalities where all suspect interviews are videotaped, such as the Bronx, defense attorneys routinely attack the credibility of the recordings and often argue that they were coerced. Under a 1969 U.S. Supreme Court ruling, police are allowed to use deception to get suspects to talk. But detectives are not allowed to use psychological harassment or physical force to get someone to confess. The various tactics police use have been developed over decades -- shaped by both on-the-job training and court decisions about what is ethical and appropriate. Each state has its own rules. Some states, for instance, will allow police to lie -- even about nonexistent evidence -- in order to get a suspect to confess. writer Kim Martineau contributed to this story. it . Send this story to a friend J! Return to Top CopNnglit 2000. C'apil.d Scnapapers Division of I lie I learsl C'ogwration. _llham_ v'.i. llie inlimnution cou tecoNc online konI -I I111C, 1 nion is proicad he the copyright Imle orthe 1 IIIICd stvllcn_ the eopNaighl laps prohiIll 1 mry copying. redi,ctrihuling. rcicrosmilGng. or repugrosing of anc coperighl-protected I'm ei lal. 9 16 00 1 159 AM 'Poniew(nder i\ hN grand jm'c probe did no_.,IIcc bI waIiINI"ticd-liaun Aspblrn icm �Iu_.r%Kcc TIMES UNK)N Home By MARV CERMAK, staff writer First published: Friday, August 11, 2000 s��77rr Some wonder why grandy��` jury probe did not address police brutality issues Some political and community leaders said Thursday they are disappointed with the results of a federal grand jury that indicted two officers on drug charges, saying the probe did not address widespread complaints of brutality and racial profiling. DISCOUNT CARPET "What's been announced is just the tip of the iceberg SUPERMART because there are several lawsuits charging police with brutality," City Council President Joseph Allen said Thursday. "The major community complaint was about people being beaten by police, so the feds better go back to the drawing board and do it over again." F ILE NF In announcing the indictments of officers Richard Barnett and Michael Siler, federal prosecutors said the investigation is ongoing and more indictments are possible. The probe started after the two officers were suspended on charges they picked up a man in Hamilton Hill and drove him to a dark Glenville road, where they abandoned him without shoes. Subsequently they and other officers were accused in civil suits of brutality and abuse. The police chief and mayor called on the FBI to examine the allegations. i Political and community leaders had hoped to find more answers from the probe. "If the grandjury found no evidence of brutality, this should have been addressed in its report," said Brian Stratton, council Public Safety Committee chairman. "We are owed an explanation ofwhat the grand jury found or didn't find." I o1 J R 11'00 8 05 AM 'Somewonder,chc grand iun probe did no.. i91ec bIUI"Ill%ASsUcz'- IiniLLepnianenmiLAIC wInion.coniAspStoiic.sto_. rc Key393d1& I it, A-oticulJNA1 11i1111) Stratton said he hoped the ongoing grand jury investigation doesn't result in further indictments. "Indictments of two officers in a department of about 160 is isolated, but even this finding casts a pall over the entire police force, so it's not a good day for Schenectady," Stratton said. James Murphy, a long-time member of the Committee for Social Justice, said the drug charges against Siler and Barnett are shocking, but the alleged crimes are not the major concern of the community. "There is a definite feeling in the community that certain cops had targeted people and beat them up," Murphy said. "Hopefully the grand jury and FBI are looking into these areas." Police Chief Gregory Kaczmarek said a number of allegations by people claiming they were roughed up were investigated by the department and the Police Objective Review Committee. "There were many allegations in the past year, and while some cases are in the courts, a lot of the complaints turned out to be unfounded," Kaczmarek said. Brian Wright, Schenectady County Human Rights Commission executive director, said complaints about police using excessive force subsided since a furry of incidents last summer. "It's been pretty quiet since then because the police are aware they are under a lot more public scrutiny," Wright said. During a news conference at City Hall, Kaczmarek said he and Mayor Albert Jurczynski did the right thing by asking the FBI to look into brutality charges after several incidents last summer. However, Wright said Olivia Adams, president of the NAACP, had been meeting with FBI agents concerning the problems beforehand. "Greg and AI called the FBI because they didn't have any choice. The complaints to the FBI were coming from the community Even if the two indicted officers are out there on their own, the department isn't running right," Wright said. Jurczynski said the indictment of two officers should not be a reflection on the entire Police Department. "if we have bad cops, I don't want them on the force," Jurczynski said "But the two officers have 8 11 01) 9 05 AM It, "'lidel MIN i;mnd imN Probe did nu_Mice brulalih Iseucs - IinlLLtpnrianeonnmavunivacoin AnPSirnicS 111, INKCN W347&BUI-ode I IOM1L&IIC%kYdnlc n It uu not been found guilty yet. Siler and Barnett will have their day in court." Jurczynski said the two officers, who have been suspended with pay since last August, would continue to be paid unless the indictments open the door for further administrative action. "They will continue to be paid because they are innocent until proven otherwise," the mayor said. About 50 off -duty city police officers, including Police Benevolent Association President Lt. Robert Hamilton, were gathered outside the James Foley Federal Building in Albany in support of Siler and Barnett. "We're disgusted at the way the feds and our department leaders conducted this investigation," Hamilton said, noting that the rank and file officers were disappointed because city police brass is not present with them Thursday. "Fifty officers volunteered to come here with an hour notice, but with a little time I could've had 150 here." Kaczmarek said the police union reaction is understandable. "But when all the information in this case comes out, the rift and hurt will heal," Kaczmarek said. Hamilton said he is disturbed at accusations by federal officials that city officers intimidated witnesses who were testifying before the grand jury. "That is a ridiculous accusation that will make our job harder," Hamilton said. "You will see the crime rate go up and arrests go down because officers won't want to risk their livelihood. Some of our officers who spoke with witnesses said they were being intimidated into testifying by the feds." Jurczynski said he doesn't expect any decline in arrests "If I find out any officer is giving less than 100 percent, then we will deal with that situation_ There is no question the police will suffer added stress, but they can't let this interfere with their job pertonnance." Kaczmarek said he believed the department has functioned very well since the problems erupted last summer "We have been under a cloud and doing the IA 1 8 1100905AM Some rccinder rshe grand lure probe did un_o1iu: bnllalltl IS1ne.5 - Ii nlLLtpnirnnunninxxlnion.com AspSluiies: slo. p Ke, 31)_i47K I fCCode I IVMCKnelcsdate ii I I:uU job well, but it hasn't been easy. The officers have been performing like professionals." i;:.:i Send this story to a friend Return to Top Conrnchl 2000. Capital Ncospaper� Doision of Iha IIea'sl Coq>uration. :Uhanv. S.l .The iNomlation you receive online Iom Time. I nion is protccl d he the mpvrigln Ims. ol'Ibe hailed Sate. The copyright Lots prohibit ant' eolmng. rnir,b ibuting. retransmitting or repo posing oRmc copyright -protected material. a of 91100B05nM ? (,dicer, charged kith cclodion' - linicsuniou_cont lit 1p. MN" II nmsumun.cuin ;upawncs sI, I...n NcN .) ".11...., ... ;d`-r TIMES UNION By CAROL DeMARE and MARV CERMAK, Staff writers First published. Friday, August 1I 21100 2 officers charged with extortion U.S. attorney: Cops dealt stolen cocaine ALBANY -- In the first indictments to emerge from a yearlong police corruption probe, two Schenectady officers were charged Thursday with extortion and drug dealing after allegedly shaking down someone on the streets and distributing the crack cocaine they took. At a news conference, federal officials said further federal indictments against other officers are possible. "I want to stress this is an ongoing investigation," said Daniel J. French, U.S. attorney for the Northern District of New York. Officials refused to release details of the Aug. 3, 1999, alleged incident, involving officers Michael J. Siler and Richard D. Barnett. The officers pleaded not guilty at an arraignment before U.S. Magistrate Judge Ralph W. Smith Jr. and were released after each signed a $10,000 personal recognizance bond. Prosecutors said in a statement that on Aug. 3, 1999, the officers stopped a person on a Schenectady street, "threw that person against a car, instructed that person not to move, took a quantity of cocaine base (crack) from that person's pocket, left that person on the street, and failed to turn the drugs into evidence at the Schenectady Police Station." Thomas C. McClenaghan, assistant special agent in charge of the Albany office of the FBI, said, "I consider this a sad day for law enforcement in the Capital Region." It is "always difficult" to bring charges against others in law enforcement, he said TheFBI has been involved in the probe of Schenectady police for the last year. Home E 'S RAYMQ I of J 9 1100 R:OS AM 2 ulticcrs chaigedVAIlh cAlo(holl-III]]tiU]]Io0-Coil] lit lli VAalA,IIMesON oil coil, a 91]9k?msslo..-1, 1111-1 . n n.. i..1...... ,., A grand jury that returned the two -count federal indictment against Siler and Barnett on Thursday sit until next month. It then could be extended, French said. The jury was originally impaneled last September to look into a variety of claims of civil rights abuses against people and allegations of police corruption. In addition to the charges against the officers, allegations surfaced in court and at the news conference that Siler and others may have contacted potential grand jury witnesses in an attempt to intimidate them. The judge gave Siler a stern warning and prosecutors said they are concerned about possible future witness tampering. "It's a big concern ... threatening witnesses is a felony," said Assistant U.S. Attorney John Katco, the drug prosecutor in the U.S. attorney's Syracuse office, who presented the case to the Albany grand jury. "We are so concerned, it's become one of the focuses of this investigation. We are going to watch closely any future witness tampering that may occur in this case." Other officers have also threatened witnesses and one may have even gone to a jail to see a potential witness, the prosecutor said. Outside the federal courthouse on Broadway in downtown Albany, Siler's attorney, Michael L. Koenig, likened the indictment to "Alice In Wonderland, where the world gets turned upside down, where right becomes wrong and good becomes bad." "Let me make it clear and unmistakable," Koenig said. "Mike Siler is innocent He has committed no crime. He has done nothing wrong. He has done nothing improper." Fie said Siler served his country as a Marine in the Persian Gulf War and then followed his father's footsteps into the Police Department. "I fully expect to be cleared," said the 32-year-old Siler, who has been on the force for half a decade "I have done nothing wrong." 2 of 4 9 11'00 9.05 AM �nlll Iry ch;u¢ctl oilh a�lui'Inni-Gmcwnion.cuni lmicvuoiou.cupr nspeluiicv Sit) IN Barnett, 30, a nine-year police veteran, was represented by Gerald J. Jennings Jr. They did not speak to reporters Some 50 fellow officers rallied around Siler and Barnett outside the courthouse. They were dressed in khaki pants or shorts and navy blue golf shirts with the insignia of the Schenectady Police Benevolent Association. Many attended the arraignment. The first count of the indictment charges the cops with "extorting drugs from a person known to the grand jury by the wrongful use of actual and threatened force, violence, fear and while they were acting under color of official right," according to a statement from the U.S. attorney. "While in uniform, they extorted crack cocaine from a citizen," French said. He declined to say whether it involved a drug dealer or the amount allegedly taken. The first count is a violation of the Hobbs Act, a federal law used against police in similar cases in cities nationwide, French said. "Drugs are commerce, and an individual (in this case, police officers) who interferes with that commerce under force or color of law," can be charged, French said The second count alleges the officers possessed crack cocaine with the intent of distributing it and did distribute it. If convicted, each count carries a maximum of 20 years in prison The investigation started last summer when Siler and Barnett were suspended by Chief Gregory kaczmarek after they allegedly took a man from Hamilton Hill and left him shoeless on a dark road in a remote area of Glenville When that incident surfaced, the chief ordered the lockers of the two officers sealed. City police sources said drugs were found in both lockers. Allegations of other civil rights abuses were made against police officers and the Department of Justice stepped in tfl4 8110080iAM '_ ollicLls charged srnh ILI11 1111 LInn Iolp_ rI"" 111110111"VLLL..i aa........ ... The two officers were released Thursday because they are not considered a flight risk or dangerous. Both officers were aware for some time they were targets of the investigation, and they did not flee, Katco said. Also, they were suspended from the force last August and remained in the community. Siler lives on Third Street in Schenectady, Barnett on Plum Street in Niskayuna. The officers did not have to put up money or property to be released on the $10,000 personal recognizance bond. If they fail to appear in court, officials could go after them for that amount. What occurred Thursday "shouldn't be a taint on other officers" within the department, French said. "The people of Schenectady are served by a predominantly good and faithful police force." I A Send this story to a friend (A1 Return to Too Coinnglit 2000. Capital Newspapers nicision Ill Ilie Iloarsl Corporation. Alhany. N,'i The intonation you rewire online from Times t Ill toll is prolecled by the colmighl laws of the I Iniled Slales.'IIie wpplight laws prohibit any copcing. rdislribuling. nu'anvnilling. or repugwsing of any copyright-prolaelal nlaluiaL I of J 8- 1100 8-05 AM Poll, - Wl,hcs slit Iacc a itlat - 11 nlesun loll IXlnl ill tp. xxNN NN.limesunion.com: Asptitonev slo._i� Kec 37965&BCCode IIUML!&newsdule 7:21 00 III NK)N By BRENDAN LYONS, staff writer First published: Friday, July 21, 2000 Police tactics surface at trial Albany-- Supervisor ordered zero tolerance after officers were shot Before police fanned out into Arbor Hill to join the search for a man accused of shooting two of their fellow officers last fall, a police supervisor issued a "no -tolerance order," instructing his officers to arrest anyone suspected of breaking the law, no matter how minor, according to internal police documents. The order was issued several hours before police entered the North Swan Street area, where officers were accused of using racial epithets and excessive force in the predominantly black neighborhood after the search. Critics say the order heightened tensions between police and residents that day. The department came under fire for the way officers conducted themselves after the initial search for 34-year-old Tracy Grady. The no -tolerance order came to light during the trial of Almasi Forrest, one of three men arrested on minor charges during a melee outside Fat Dee's convenience store after police swept through the neighborhood. A resisting -arrest charge against Forrest was dropped by prosecutors, but Forrest was convicted Thursday of disorderly conduct and was fined $250. His lawyer, Randall E. Kehoe, said he would appeal. At the trial, Lt. Dennis Dolan, a uniform patrol supervisor in Arbor Hill, testified that he instructed officers to arrest anyone breaking the law in that neighborhood. "I said I don't want even an open -container violation to be overlooked," Dolan said under cross-examination. "At roll call, I told all the officers they were to strictly enforce all laws." Home q. �ricel�ess,.. :'4 w s I of 4 7, 1!00 8:15 AM 'Police tactics surrace at trial' - tinrosunion.ccnn hflpA�NNXN.Iilne5U01on.conr:Asps'l(messto... r%Key 37965X.BCCode I IOMH&newsdate 721.00 Kehoe contends the no -tolerance order prompted officers to be overzealous as police sought leads on Grady's whereabouts. Grady is accused of grabbing a pistol from Officer Thomas Shea and using it to shoot Shea and his partner, Stanley Nadoraski. Both officers have returned to active duty. Grady was arrested several weeks after the shooting in Atlanta. In sworn statements to internal affairs detectives, some officers said the message from their higher-ups was clear. William Warner, a bicycle patrol officer, said in his statement to internal affairs detectives that that day was not routine. He said Dolan instructed several officers to concentrate their patrols on the area where the two officers had been shot. "Basically (he told us to) talk to people, everyone you see, talk to everyone on the street, have no tolerance with anything at all," Warner said in the statement. "Open container, whatever, just absolutely no tolerance that day." Chief John C. Nielsen said the department does not use the term "no tolerance order." Still, Nielsen said instructing officers to saturate a neighborhood, to make arrests and to talk to people on the street is a tactic commonly used by police departments when information about a difficult case, such as an unsolved homicide, is sought. "If you take that explosive terminology out, I don't have a problem with the policy," Nielsen said. "The meaning of the lieutenant's message was not to be oppressive, but it put us in a position to force communication. If someone's breaking the law and we hold them to the letter of the law, then we open the lines of communication." The controversial arrests took place around 12:20 p.m. at the corner of Clinton Avenue and North Swan Street. As the search for Grady continued, an Arbor Hill corner erupted in chaos in front of Fat Dee's when more than a dozen officers swarmed the scene as Warner and Officer Thomas Blesser arrested a man on a minor marijuana charge. Three men -- Forrest, Warren Washington and Sean 2 ot.1 721/00 8:15 AM 1'01WC tactics surlace at trial'- ti aesunion.com http: `\c,,, iniesumon. cony AspStoliessto...n Ke} 37965&nCCode—I10ME&nc vsdale 7:21,00 Foskey -- say they were pepper -sprayed, beaten and called racial epithets by police as they were arrested on charges of disorderly conduct, a violation. They claim they were only observing the man being arrested on a marijuana violation, but police officers claim they refused orders to move on. Several witnesses at Forrest's trial before City Court Judge John C. Egan Jr. testified that it was the police who ignited the chaos in front of Fat Dees. One witness, Louis King, 55, testified that officers became infuriated when someone yelled: "This is why you cops get shot." "The police said: 'If someone said that, arrest them all,' " King said. King testified that he began instructing young men gathered on the corner to get into his house to avoid being arrested. "I was frightened," King testified. "Theyjust pounced on everyone who was out there." Another witness, Mamie Maxwell of Clinton Avenue, testified that she heard an officer use racially charged obscenities as he chased one of the men across Clinton Avenue. "People were afraid," Maxwell testified. "They (police) weren't saying disperse. They were just all over everybody." Forrest claims he was beaten by an officer with a nightstick as he lay face -down on the ground in handcuffs and an officer pulled his pants down and sprayed his backside with pepper spray. The arrests reignited calls for a civilian police review board. Nine officers face discipline ranging from counseling to tiring over the incident. The disciplinary charges are still pending, officials said. The identities of the Albany police officers facing disciplinary charges in the incident have not been made public. Forrest, Washington and Foskey have filed a $6 million federal claim against the city. 3 -,rd N21100 8:15 AM 'Police tactics sud,ace at trial' - timesunioircom htlp vvwn.tintesunion.coma'AspSlortesto...ryKev-37965&BCCode HOME&ic%Nsdate-7i2100 i'::'= Send this story to a friend * Return to Toe Copyrighl 2000. Capital Newspapers Division of The Hearst Corporation, AUbanq, N.Y.'Phe itdimnation you receive online front'I'intev Onion is protected by the vopyrigln laws ofthe United Stales. The copyright laws prohibit anv copying. redistributing, retransmitting, or reputposing of any copyngltt-prowed material. a nra 72 J /00 8:15 AM '(,nicer, ueI ended in fatal shooting'-1imesumon.Con I hIif) MINN 11111CW ion,com. AspSluries'sto nKec 09/sxn L-Iuc i"1110'1 IMES UVlO V By MICHELE MORGAN BOLTON and TIM O'BRIEN, staff writers First published. Friday, July 21, 2000 Officers defended in fatal shooting East Greenbush-- Police acted in self-defense, officials stress, after Thomas Marino fired with assault rifle Police are insisting they acted in self-defense Wednesday evening when they shot and killed a despondent 31-year-old Army veteran who'd held them at bay for nearly seven hours before exiting his house and firing at them with an assault rifle. Thomas J. Marino, 31, died two hours later at 9i01 p.m. on an Albany Medical Center Hospital operating table while undergoing surgery for multiple gunshot wounds to the chest. His death came after a daylong saga that caused the evacuation of the quiet residential neighborhood and ended in a burst of gunfire outside the 119 North Springhurst Drive home. Preliminary autopsy results showed Thursday that Marino died of "multiple trauma due to gunshot wounds," according to the Albany County coroners' office, which is handling that aspect of the case since Marino died in Albany County The preliminary results do not detail the number of times he was struck by police bullets or how many bullets or bullet fragments were recovered during surgeons' struggle to keep him alive_ The Rensselaer County district attorney's office said it was going over police reports on the chain of events that led up to Marino's death. "We do have the file on the shooting," said Kris Thompson, spokesman for District Attorney Kenneth Bruno's office- "We're in the process of reviewing it Home'-` a 721-00 8. 15 AM nlicerx defended in lalal shootinb- lin)esunionunn h1(p M%Nclin)evunioil coil) AspStolies slo... n'KCN uvw.- .-. . at this time." At a news conference Thursday morning at East Greenbush Town Hall, State Police Maj. Stephen J. Maher and East Greenbush Police Chief Christopher Lavin said everything that could have possibly been done to bring the conflict to a peaceful conclusion had been done, but to no avail. Police reasoned with Marino for hours in an effort to get him to surrender, but when he finally agreed to exit the home, he did so with an SKS Egyptian -made AK-47 knock -off in his hands, Maher said. Marino walked a short distance, turned toward the officers and fired directly at them, Maher said. Three law enforcement officers fired the shots that killed Marino, he said. Not all were State Police, he said. Neither Maher nor Lavin would say how many shots police fired at Marino nor how many shots Marino fired from the rifle. It's all still under investigation, Maher said. Questions were raised Thursday about the appropriateness of the move to shoot Marino. But police said when it came down to it, they had no choice. "If a member of the community is threatening the use of personal deadly force, our members have the right to respond in kind," Maher said. "There is no question in my mind" that Marino fired directly at the law enforcement personnel. It all started early Wednesday morning when Marino's wife Christine, 24 -- a frequent substitute teacher at Bell Top Elementary School in North Greenbush -- fled the home with their 20-month-old baby. After informing town police her husband was despondent and had an assault rifle, local authorities and members of the Tri-Town Joint Emergency Response team -- made up of two members each from East Greenbush, North Greenbush and Schodack -- arrived at the home and tried to calm 2 ,! t 721:00 9J5 AM 'l1niCCl'1dC1CIIdCd Ill 181UJ SILOOIIIIg'-111➢C"1111I011.lA,lll IIItP;:AAAae.I101CNllOjO"gOpV /�a�i$loncs sln. .I�'hCv i/YISaXsISl.l,00c 11VNIlauuc�, nudes i .,,, Marino down. The unemployed Army veteran, who sources said was receiving disability benefits, was seen at several points during the afternoon briefly exiting the home through both front and back doors while holding the gun. Finally, State Police crisis negotiators, investigators and other troopers were called in. After several intense hours of negotiations, Marino agreed to leave the residence, Maher said. "We tried to end this peacefully, using all the necessary communication skills," Maher said. "Right up to the end, our assumption and information was that he was leaving the residence unarmed. However, he chose, unfortunately, not to do that." Shortly after the shooting, Marino's brother Tony accused police of refusing family members the opportunity to enter the home to try to talk Marino out. Efforts to reach the Marino family Thursday were unsuccessful. Lavin said letting the family in would not have made sense. "This fellow had already exhibited deadly intentions," the chief said. "What good sense would it be to expose good -intentioned family members to that and say 'come and visit?'" Police tried everything to get Marino to hand over the weapon, Lavin said. "The officers shouted, 'Tom, come out. We're concerned about you,' " Lavin said. "Then they tried bull horns. But he never answered. Finally, they resorted to the telephone. And after quite a while, he picked up." Police would not comment on whether Christine Marino had taken an order of protection out against her husband or whether he had threatened to kill her and their baby. They did confirm he'd been taking prescription drugs for a medical condition they wouldn't disclose And he hadn't taken any for a week, they said. 3 l,r 721008.0 AM t)giccrsdeIended in final shooting'-Iimcsuniou. cum hItP, vstce_immmI',ln The couple had closed on the Springhurst Drive home Feb. 29. The Marinos had listed their prior address as 1 1 Denise Court in East Greenbush, where they apparently lived with the McKiever family. The man who answered the phone at that address Thursday refused to comment or confirm he was Marino's father-in-law. "There isn't anything I want to say to the media," he said. Neighbors in the tidy upscale neighborhood just off Columbia Turnpike seemed eager to put the trauma behind them Thursday. The one woman who had any thoughts on the sudden and deadly shoot-out didn't want to use her name. "I wasn't here at the time it happened, but I'm just relieved that it's over," she said. "I just feel very sad for the family." East Greenbush Supervisor Bob Angelini, a 27-year member of the Bruen Rescue Squad and a trained EMT, spent most of the day Wednesday camped out with police, the media, ambulance workers, other paramedics and onlookers. "Negotiations there weren't easy," he said. In hindsight, he said, "I didn't see anything that I thought should be different." writer Cathy Woodruff contributed to this report. L_: Send this story to a friend ON Return to Top Com iipjit 2000. Capital Neo spapers Division ul 'IIle IIearsl Corporaion, Albans- N.'i The intonation you receive online Irom Tinter I-nion is protected be the coperighl Ia%%so] the l hired Slates 'rhe copsright lases prohibit am copcing_ mdislrihuling. ratransmilting, or repurpoeing ul am eop%right-pnlleeted mateiial. IAA T2100 R:IS AM