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12-10-2002 Articles
Page 1 of 4 Marian Karr From: Suelqq@aol.com Sent: Friday, November 29, 2002 10:37 AM To: Update@NACOLE.org Subject: [NACOLE Update] New York City: Falling Crime Defies Trend NYTimes November 29, 2002 Falling Crime in New York Defies Trend By WILLIAM K. RASHBAUM ~t is a question as compelling as any of the mysteries that police officials and criminologists routinely encounter: Why should crime continue an 11-year decline in New York City when it is on the rise elsewhere around the country? Policing strategies? At least a dozen other cities adopted some of the New York Police Department's innovative programs following their successes, and while crime declined in several, others have seen crime rise. Drug use? New York City is no longer the crack capital of America, and experts say hard drug use here has waned. But in some cities with apparent downturns in drug use crime has risen, and in some with intractable drug problems crime has dropped. The economy? Since the Sept. 11 attack, New York has faced fiscal problems as bad as any city in the nation, with a $6.4 billion budget deficit for the next fiscal year and a 7.8 percent unemployment rate coupled with increasing homelessness and a shrunken welfare roll. But its resilient crime declines have continued despite the failing economy. Prison population? The number of people in the city being sentenced to terms in state prison, where those convicted of more serious crimes serve their time, has steadily declined over the last decade, with nearly half as many people entering the system last year compared with 1990. "It is the mystery of the ages," said Jeffrey A. Fagan, a professor of law and public health at Columbia University who has studied crime and New York City's criminal justice system for 15 years. "Certainly no one has articulated what the right variables are that will produce a crime increase when configured in one way in a city and, when configured another way in a city, will produce a decline." Not everyone, however, says they are stumped by the phenomenon. New York Police Commissioner Raymond W. Kelly cites the failure of many cities to make the sustained investment New York undertook more than a decade ago, when the Safe Streets, Safe Cities program began the remarkable expansion that eventually increased the ranks of the department by nearly 40 percent. With the larger force, which eventually peaked at 40,710 officers, Mr. Kelly's predecessors, including William Bratton, the first of Mayor Rudolph W. Giuliani's three police commissioners, used new programs, including Compstat, a system of crime mapping and management accountability that has been exported from New York to other cities, to focus on serious crimes and quality-of-life violations. Some contend that such petty offenses lead to more serious crimes. Michael Jacobson, a professor at the John Jay College of Criminal Justice, says that focus on smaller crimes -- and, over the last eight years, the arrests of about one million people on minor violations for which they spent the night in jail -- has characterized the New York City approach more than 12/2/02 Page 2 of 4 anything else. And while Professor Jacobsen, who headed the city's Correction and Probation Departments under former Mayors David N Dinkins and Giuliani, was wary of suggesting that the strategy alone was responsible for New York's success, in the face of crime increases elsewhere, he says it has given the police the opportunity to check warrants and search suspects, and thus helped get guns off the streets and reduce crime. At the same time, he says, the practice brought with it a host of problems, not the least of which was the fraying effect such zero tolerance approaches have on the already tense relationship between police officers and residents in some of the city's poorer neighborhoods they patrol. But criminologists and police officials around the nation are far from uniformly embracing any of the theories for the drop in crime. And so to some, there are other factors at work in addition to police strategies, the economy and patterns of drug use, such as the involvement of communities with the police, and demographic and social forces. While to others, it is beyond knowing without additional study. "Crime has been going down for a decade, and people are still fighting about why," Professor Jacobsen said. But New York City's continuing crime reduction appears to be a fact, not an interpretation. Murder and auto crime, the two statistics criminologists consider most reliable because dead bodies and stolen cars seldom go unreported, both have continued to drop this year. As of last week, murder was continuing its robust decline, down 12.7 percent over the same period last year, while car theft was down 9.8 percent and overall crime was down 5.3 percent. The same good news, however, has not held in many other cities. Crime Inches Up Nationwide F.B.I. statistics released at the end of last month for the 2001 calendar year show crime rising nationwide for the first time since 1991, with murder inching up 2.5 percent over 2000, car thefts up 5.7 percent and robberies up 3.7 percent. Overall crime rose 2.1 percent over the previous year, with crime increases in cities on both coasts and in the nation's midsection. In Boston, the statistics show, overall crime, car theft and murder rose in 2001, with killings up sharply, jumping to 65 from 39, an increase officials there called an aberration after 10 years of almost steady declines, with fewer than 40 murders in each of the last three years. So far this year, overall crime in Boston is down slightly, and with 51 killings through the end of last week, the city appears on track to end the year with fewer murders than it had in 2001, but still far more than the figure for 2000. Over the same period, after years of declines, murder and overall crime also climbed in New Orleans, Las Vegas, Phoenix and San Antonio, among other cities, according to F.B.I. statistics, with killings jumping 48 percent in Las Vegas, 37.5 percent in Phoenix and 17.6 percent in San Antonio. Murder also rose in Chicago and Los Angeles, which with 602 homicides so far this year has already surpassed last year's tally of 587, according to that city's most recent statistics. The reasons for some of the increases cited by police officials and sociologists are as varied as the communities themselves. They range from the release from prison of a particularly violent cadre of criminals and their efforts to re-establish street-corner hegemony in Boston to the law enforcement's shift in focus along the Southwest border after the Sept. 11 attacks and its impact on the murder rate in Phoenix. 12/2/02 Page 3 of 4 In Boston, the crime declines over the last decade were so drastic they have been referred to as the Boston Miracle. They have been widely credited to a novel relationship between the police there and a group of black clergy, which served as an intermediary with the city's poorer communities Murder, fueled by gang- and drug-related homicides, peaked in 1990 with 152 killings. Over the next 10 years, the number plummeted to 39, as the murder rate nationwide also declined, while at a significantly slower rate. But last year, the number of killings jumped to 65, according to the F.B.I. statistics. Christopher Winship, a sociology professor at Harvard University who has studied the relationship between the police and the clergy in Boston cites an increase in felons returning to communities from prison over the last two years. In a paper on the phenomenon published in March, he said that as many as 250 people a month were flooding from prison into the city's neighborhoods. "The belief is that many recent killings involve retribution and/or attempts to retake drug markets that were lost when the individuals were sent to prison," Professor Winship said. A spokesman for the Phoenix Police Department said the sharp jump in killings there -- to 209 in last year from 152 the previous year -- should be examined in the context of the murder rate over time, noting that killings in the city hovered around 200 annually for more than five years. The dramatic increase came after the particularly Iow number in 2000, when stepped-up federal law enforcement along the Southwest border cut drug trafficking, greatly reducing the number of killings tied to the trade, said the spokesman, Sgt. Randy Force. The next year, after the Sept. 11 terror attacks, when shifting priorities moved the focus away from the Mexican border, the pace of killing in Phoenix quickened, he said. While overall crime rose 7.6 percent in 2001, it came after what Sergeant Force said was a 20 percent drop over five years. The reported increases in these and other cities and in the country as a whole came as little surprise to many who follow crime trends, because experts have long questioned when the steady declines would end and crime would begin to rise again, a pendulum swing that many criminologists view as inevitable. But several said it was too soon to reach to any conclusions about whether the F.B.I. statistics represent a turnaround or a broader trend. "After 10 years of decline, one year of a moderate increase doesn't necessarily mean anything," said Jerome H. Skolnick, a law professor at New York University, where he is the co-director of the Center for Research on Crime and Justice. The New York Exception While the explanations for New York's continuing crime decline vary widely, many experts agree that it is particularly noteworthy because Mr. Kelly and several top aides have spent much of the past year working to prevent possible terrorist attacks, creating an entire Counterterrorism Bureau and reorganizing the Intelligence Division to focus on terrorism as well as traditional crime. The department has marshaled significant resources toward that end, with 1,000 officers re-assigned to counterterrorism units. New York's continuing crime declines have come despite drops in summonses and misdemeanor arrests -- key parts of the zero tolerance program -- and the budget cuts, which combined with attrition have reduced the force from its peak to about 38,000. That number is likely to shrink by .several thousand more officers. So, with the F.B.I. numbers raising the possibility that a nationwide turnaround could be at hand, 12/2/02 Page 4 of 4 some current and former New York police officials believe Mr. Kelly's most significant challenges lie ahead, and experts say the question of why New York's crime rate keeps going down becomes an even more pressing issue. One academic is trying to answer at least part of that question by examining the impact of Compstat in other cities where it has been adopted. They include Philadelphia and Baltimore, where former New York police officials oversaw significant declines, and others where crime initially dropped but later began to inch up. Andrew Karmen, a sociology professor at John Jay College who has written a book about the city's murder rate, "New York Murder Mystery," has begun a study on more than 12 cities outside New York that have adopted the program. "The easy answers -- the economy, improved policing and greater incarceration -- don't hold up if you look carefully," he said. Professor Karmen has also urged the establishment of a special city- or state-financed commission to examine New York's successes. "Something very special and positive is happening in New York," he said. The city's experiences needed to be studied, he added, "so that should things begin to reverse, we will have an idea why, and so that other cities can learn." 12/2/02 Officers Accused of Assaulting Pair Who Tried to Document Abuse Cop Watchers Beware by Chisun Lee November 6 - 12, 2002 Raybblin Vargas and Dennis Flores say subway cops attacked them when they tried to help a teen. (photo: Pak Fung Wong) ~'ven as the cop approached him, Dennis Flores kept shooting. He took photo after photo with his digital camera, documenting the piainclothes transit officer's face. Moments earlier, Flores says, he and friend Raybblin Vargas, both counselors at W.E.B. Du Bols high school in Brooklyn, had noticed the cop and his partner shoving a handcuffed black teenager face-first into a metal gate alongside the turnstiles in the Kingston-Throop C train station in Crown Heights. Flores fished the Kodak DC3200 from his backpack and from about 10 feet away started snapping. But soon he and Vargas were snarled in their own tangle with police. Before it was over, they claim, they were unjustly maced, assaulted, and imprisoned. In fact, before they could request it, NYPD Internal Affairs initiated a probe that night. A police spokesperson had little comment last week, saying only, "It's an active investigation. We take the allegations very seriously." As a result of the events that began at about 5:30 p.m. on October 10, Flores is facing criminal charges. But he claims he was merely recording a scene of apparent police abuse and was punished for it. Now he and Vargas are suing the city for violating their constitutional rights, among other claims. Meanwhile they wonder how the camera, with its cache of police images, is faring in NYPD custody. They are also waiting for the city to release the recording of a 911 call Flores placed from a subway pay phone as their troubles began. They say the receiver dangled off the hook throughout the incident and may have picked up key information. Flores, 27, and Vargas, 30, were escorting two of their students into the Manhattan-bound side of the station when they noticed cops holding the teen, a 19-year-old high school senior named Bryce Sanders. Asked for his account of the evening in a separate interview with the Voice last week, Sanders--who neither attends the counselors' school nor knew them before that night, and is not presently involved in any related legal actio~said that police repeatedly overreacted. He says the cops accused him of using a MetroCard that had been tampered with. (Charges against him were dropped within 24 hours.) A young African American male from Crown Heights, Sanders says he is used to being hassled by police. But that night, he says, they were rough, cuffing his hands behind him and then "throwing" him against the token booth and the metal gate. When he realized Flores was taking pictures, Sanders was glad. "The guy said, 'I see what's going on. I got your back,' "he says. "The cop said, 'Stop taking them f-ing pictures, get out of here.'" But Flores's camera kept flashing. "Then the cops double- cuffed me to the gate," Sanders says, and headed toward Flores. But Flores says he didn't relent. He called out to the rush-hour crowd, "I have two cops who are beating this kid. I'm taking pictures as evidence." The criminal complaint against Flores, signed by an officer, Christopher Ballaera, bears out part of the counselors' story. It reads, "[The] defendant, while taking pictures of police officer, did yell at passengers coming onto the subway that police officers are beating up a young kid and stating in sum and substance: fuck the police, the police are assholes, the police can't be doing this shit, don't let them get away with this, enough is enough." The statement continues, "...when II] instructed the defendant to step back and walk away that defendant refused to do so." An NYPD spokesperson confirmed that Ballaera is one of the officers under investigation but would not confirm the other name the Voice had obtained. Reached by telephone last week at the 33rd Transit District, Ballaera said, "I'm not allowed to comment on anything right now, especially for a newspaper." When the Voice mentioned the serious allegations being made against him, he said only that he wasn't aware of them. Without much input from police, an account of the most troubling moments of the evening could be gleaned only from the three civilians. Flores claims that, as one of the officers approached him, the other said, "Hide your badge," which was hanging from the cop's neck. Says Flores, "That's when I picked up the phone," all the while snapping photos with one hand. "I knew the shit was on." Vargas says she stepped between her friend and the cop. "I thought because I was a woman he would respect and back off a little bit." Instead, she says, with Flores on the phone with 911, the two officers planted themselves some six feet away and started spraying mace. Says Sanders, who watched the whole scene while chained to the nearby gate, "I couldn't even believe that. They emptied out their cans of mace, on their face area and all over. They ~vas helpless." He recalls hearing Flores on the phone: "He was saying, 'Help, help, the police is macing me.'" Flores and Vargas say they huddled together over the phone receiver as mace seared their skin and nearly blinded Vargas, whose contact lenses became saturated with the irritant. "The 911 operator was telling me, 'Don't hang up. Stay on the phone. Say everything that is happening,'" says Flores. He says he did, and he also thinks he managed to snap a few shots of the cops macing him. Then, the three say, about 20 police officers descended both staircases to the station and surrounded Flores and Vargas. "Right then, the cop came up to me and took the camera and slammed it into the ground," says Flores. Says Sanders, "He actually intentionally tried to break it. He dropped it--boom~n the ground." The NYPD had no comment on the state of the camera, which the department continues to hold. The counselors were handcuffed, and Vargas says that she was grabbed by the shoulders and thrown against the token booth so hard she bounced off and fei1. Someone then pushed her head back hard onto the cement floor, she says. She was carried up the stairs facedown, she says, repeatedly lifted at the arms and ankles and then dropped several times on the way up. Police pinned Flores on his stomach on the floor, he and Sanders say. Then, they say, an officer struck Flores's head--with a police radio, according to Sanders. "He just brought it up and brought it right down on his head," he says with a sweep of his arm. Flores later received four stitches on the top of his head. Says Flores, "The cops left the phone off the hook recording the whole thing." The NYPD, citing the ongoing investigation, would not release the 911 records to the Voice last week. Flores and Vargas spent the night shuttling between holding cells in the 33rd Transit District, Brookdale Hospital, and Brooklyn central booking. At one point, Flores says, he was sitting in the transit holding cell when "a cop comes over and says, 'You ever worked for the TA [Transit Authority]?' I said no. He said, 'Well, ~ve found in your possession keys that belong to the system. Huh,' and ~valked axvay. I didn't know what the hell he was talking about." The next day Flores was arraigned on charges of disorderly conduct, resisting arrest, and criminal possession of the keys. "We obviously think it's a plant," says his lawyer, Kamau Karl Franklin. "That's very suspicious, that they happened to find transit keys on him when he was in the subway complaining about police brutality." Vargas was released ~vithout being charged. She and Flores say Internal Affairs interviewed them twice that night, and Flores has met with investigators since. They say that, if their claims of abuse go unanswered, the city will be affirming the ability of cops to intimidate civilians who would scrutinize them. Already, young Sanders is getting that message. "I was glad to see somebody helping my situation out," he says, "but if I'd known what would happen, I would have told them to stay away." Still, he expressed hope for the Internal Affairs probe, saying, "I know not all cops are bad, but I don't think the police should get away with what they did." Marian Karr From: Pittinger, Beth [Beth,Pittinger@city.p[ttsburgh.pa.us] Sent: Friday, November 08, 2002 10:06 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh Officer wins civil rights case City officer wins civil rights case Thursday, November 07, 2002 By Torsten Ove, Post-Gazette Staff Writer A federal jury yesterday awarded a Pittsburgh police officer $113,001 in his civil rights case against Chief Robert HcNeilly Jr. and two of his cor~and-level colleagues. After a trial that began last week, the jury found that HcNeil!y and Deputy Chief Charles Moffatt violated Officer Robert Swartzwelder's First Amendment rights when they denied his request to become an instructor at the police academy. Swartzwelder, a use-of-force expert, claimed in his suit that the chief and other supervisors retaliated against him because he testified for the defense in the trial of former city officer Jeffrey Cooperstein. Cooperstein was acquitted of homicide in the 1998 fatal shooting of Deren S. Grir~titt Sr., a Hill District man who was being pursued by police. Swartzwelder testified as an expert witness that Cooperstein was justified in that sheeting. Swartzwelder said he was later improperly transferred to the Hill Oistrict station, given negative evaluations and denied training and promotions. He also said HcNeilly defamed him in the media and that the city improperly seized his personal papers. In a complex, five-page verdict that covered several claims, the jury said Swartzwelder's testimony was not a factor in the transfer or in the assignment ef another officer te head the firearms section at the academy. But the jury did say HcNeilly and Hoffatt improperly denied Swartzwelder's requests to return to the academy as a field-training supervisor. The jury awarded Swartzwelder $66,000 in punitive damages for McNei!ly's conduct and another $47,000 for Moffatt's. Jurors also ! awarded him $1 in compensatory damages. Although Swartzwelder's suit included Cmdr. Regina McDonald, his former supervisor, the jury did not find her individually liable for any claims. The jurors also said the city illegally seized Swartzwelder's personal materials in violation of his Fourth ~nendment protection against unreasonable search and seizure. But they decided the seizure didn't cause Swartzwelder any harm and awarded him no damages. The verdict didn't include another of Swartzwelder's claims -- that he was passed over for an instructor's position for which a test for interested candidates was never given. Swar~zwelder's lawyer, Adrian Roe, has filed an injunction request to force the city to give the test, but Chief U.S. District Judge Donetta Ambrose has yet to rule on the motion. "I consider this a great victory for Bob Swartzwelder," said Roe, adding that his legal fees for the case will be "substantial." In another federal civil rights case in which an officer sued the city, a judge last week awarded more than $414,000 in legal fees to her lawyers. Swartzwelder was walking his beat yesterday and couldn't be reached for City lawyer Brian Gabriel said he was pleased that the jury did not find that McNeilly and his staff retaliated against Swartzwelder in ordering the initial transfer. But, he said, "obviously we're disappointed with the punitive damages finding." McNeilly and Moffatt could not be reached yesterday afternoon. In court, Gabriel denied any retaliation and said Swarkzwelder was transferred because he wouldn't follow McDonald's orders and couldn't get along with her. Central te the case was a 1999 order from McNeilly requiring that officers get written permission from him te give their opinions in court. Swartzwelder argued that the order was unconstitutional. He federal appeals court upheld a ruling by Ambrose that said tNe order was a violation of officers' right to free speech. The regulation no longer exists. 2 Elizabeth C. Pittinger Executive Director Citizen Police Review Board 816 Fifth Avenue Pittsburgh PA 15219 412-765-8023 Office 412-600-6110 Cell Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Friday, November 08, 2002 1:52 PM To: Update@NACOLE.org Subject: [NACOLE Update] Can Bratton's System Work in LA? http://www~~atimes.c~m/news/~~ca~/~a-me`c~mpstat8n~v~8,~'3575800.st~ry?c~~~=~a%2Dhead~ines%2Dca~if~rnia Can Bratton's System Work in L.A.? Police chief targeted crime hot spots in N.Y. He is expected to reform similar LAPD system. By Doug Smith LA Times Staff Writer November 8 2002 BEDFORD-STUYVESANT, N.Y. -- The man in the leather jacket with the miniature assault rifle dangling from a chain around his neck had no doubt who sparked the recent renewal of this Brooklyn suburb. "Giuliani tried to take credit," he says. "But Bratton's The Man." Six years after William J. Bratton, L.A.'s new police chief, got booted as New York's top cop by former Mayor Rudolph Giuliani, he is still revered here by people like Caesar Calderone, a former corrections officer who now runs a security business. "If he runs for president, I'll hand out fliers for him," Calderone says, interrupting a midday chat with two friends outside a row of freshly painted brownstones. The neighborhood had been blighted by vacant storefronts and street crime since the riots of the 1960s. Bratton has promised to deliver in Los Angeles the police reforms that he credits for a renaissance of public safety in New York. His primary tool is a crime-fighting program called Compstat, which he started when he headed the New York Police Department. Compstat uses computer mapping to identify crime hot spots and then requires precinct commanders to figure out a solution. Far from just computer wizardry, police bosses use weekly crime figures to pressure police managers for results. Promotions or stalled careers are often determined by how well precinct commanders in the NYPD respond to spikes in crime. Bratton boasts that Compstat has revolutionized policing and is responsible, in significant measure, for the rapid drop in violent crime over the last half-dozen years. Although many criminologists attribute falling crime to such broader social trends as the retreat of the crack epidemic, Bratton's system has been adopted by dozens of police departments across the country. New York has had three new commissioners since Bratton left the post in 1996, but the top brass in the NYPD say they still practice Compstat in largely the same way Bratton and his chief strategist, the late Jack Maple, set it up. "Compstat is the reason that crime will not, will not, go up in New York City again," Bratton said. "There will be spikes, peaks here and there, but overall crime in New York City, you will not see it go up. It's gone down for 12 straight years. It's going to continue to go down in that city, and Compstat is the engine driving it." The celebrated renaissance of Manhattan across the East River has spawned a wave of tourism to trendy new spots like the restaurants on Greenwich Street in TriBeCa. Less heralded is the impact of the city's aggressive policing on such depressed areas as Bedford-Stuyvesant, the largely 11/12/02 Page 2 of 3 black and Latino suburb in Brooklyn that is still no tourist attraction but now has a thriving commercial district. From the postman walking his route to store owners under the dank shadow of the Broadway elevated train, people say they feel safer. "It was very tough before," said Persio Genao from behind the counter of his cramped convenience store and grill. For years, he said, drug dealers, drunks and thugs made a gantlet for his customers on the street right outside his store. "Now it's a lot more safe," Genao said. "No question about that." "You say, Tm going to call the police,' most of the time they go," brother and co-owner Jose Genao pitched in. There may still be a lively debate over who got rid of the bums, the panhandlers, the muggers, the drug dealers and the prostitutes. The Genao brothers vote for Giuliani, who they said stood up to doubters. But many merchants said police protection improved dramatically starting with Bratton and that it has stayed that way. "The drug guys come out later in the afternoon," said Elliott Polinsky, third-generation owner of Gates Lumber. "They see a cop, they walk the other way as opposed to they see a cop, they spit on them." The heart of the Compstat program is the weekly crime-fighting session conducted by the department bosses. Precinct commanders are selectively called to the Compstat meeting and find themselves being grilled by Chief of Department Joseph Esposito and Deputy Commissioner Garry F. McCarthy. Esposito is the highest ranking uniformed officer, responsible for all operations. McCarthy, a crew-cut 21-year NYPD veteran, is on a leave of absence to fill the civilian post responsible for crime reduction. Compstat is his No. 1 focus. Both men report directly to Commissioner Raymond W. Kelly, the department's top official. McCarthy said that relationship is essential. "1 can't blast someone who outranks me," he said. Each week McCarthy reviews a book of crime stats before deciding which precinct commanders to summon. He sends detectives into the precincts to scout for such quality-of-life issues as prostitution and vagrancy. He and Esposito then press the commanders to explain how they will address the problems and why they haven't already done so. McCarthy and others said the confrontational nature of weekly Compstat meetings has mellowed since the regime of Maple and then Chief of Department Louis Anemone. But commanders are still held accountable. "You can hold somebody responsible without berating them," McCarthy said. "You can ask tough questions without personalizing." In its early days, Compstat derailed careers. Bratton said he dismissed more than half of his precinct commanders because they didn't boldly attack crime. Other officers, including McCarthy, shot up the ranks because they did. McCarthy said his defining triumph as a precinct commander was the quick bust of a convenience store robber who hit three stores in two days. He put all his patrol officers on plainclothes surveillance duty at 26 potential targets. Before Compstat, McCarthy said, he wouldn't have had the authority to put his whole precinct in plain clothes. "Plainclothes cops were perceived as a corruption hazard," McCarthy said. He said he would have had to file a request that would have bounced around for a month. A crackdown on "quality of life" crimes is a hallmark of the system that Bratton has vowed to bring to Los Angeles. The practice at first raised protests from civil liberties groups that contend it contributed to police abuses, including the torture in a police station of Abner Louima, an offense committed after Bratton left. Once, when confronted about the increase in the number of citizen complaints, Bratton responded that 5,000 complaints was a reasonable trade-off for the city's plummeting crime rate, said Norman Siegel, former head of the New York Civil Liberties Union and one of Bratton's most prominent critics. 11/12/02 Page 3 of 3 Siegel, now in private civil rights practice, said that despite his past criticisms, he admires Bratton because he became more sensitive during his 27 months as police commissioner. More than other commissioners, he said, Bratton listened. In an unprecedented meeting, Siegel said, "Bratton called me and came to our turf to talk to us about some of his issues." Whether police work by itself can substantially change crime trends is a question that bedevils academics and criminologists, despite a large body of research on the dramatic decreases in violent crime during the lgg0s in America's large cities. Some contend that police reforms, including Compstat, have little measurable effect. "The data do not support a strong argument for Compstat causing, contributing to or accelerating the decline in homicides in New York City or elsewhere," said criminologists John E. Eck and Edward R. McGuire. Among the possible contributing factors, say some researchers, are long-term cycles in illegal drug use, restrictive 9un laws dating to the mid-1980s, expanded police departments and prison systems, demographic trends and the collective influence of family, community groups and police. In Brooklyn, one Iongtime community leader says Bratton was successful because he understood that police must work cooperatively with residents and community groups. 'Tm sayin9 under the Bratton administration the idea of community policin9 made a difference," said Sharonnie Perry, an aide to a Rep. Edolphus Towns (D-Brooklyn) and chairwoman of the Brooklyn neighborhood council. Bratton, despite his reputation for tough talk, improved community-police relations, she said. One of his biggest legacies is the civilian review board, which gave police more credibility. The board reviews complaints about police behavior and can recommend a punishment to the department. Today, she said, complaints get an immediate response, and the police are careful to brief her when there is an unusual occurrence. "Before Bratton, there wasn't a rapport," she said. "The police that came in thought everybody in Bedford-Stuyvesant was a criminal." 11/12/02 Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Friday, November 08, 2002 2:04 PM To: Update@NACOLE.org Subject: [NACOLE Update] Richmond CA: Officians Upset over Memo Criticizing Chief. Oversight involved Posted on Fri, Nov. 08, 2002 L J == IRichmond officials upset over memo criticizing chief Councilman Tom Butt circulated allegations by a trio of commissioners that slammed top cop Joseph Samuels Jr. By Karl Fischer CONTRA COSTA TIMES RICHMOND - A month-long row over police misconduct allegations aired in an e-mail forum left the chief offended, the police union fuming, police commissioners complaining and the city manager, in his words, trying to "referee." All parties crossed paths Wednesday night in a small basement room at City Hall. "A word of advice to the police commissioners," City Manager Isiah Turner said at the panel's monthly meeting. "In the future, stamp 'confidential' on anything you send to the City Council." The advice came one month after City Councilman Tom Butt circulated on his political e-mail forum a memo written by three commissioners that slammed Chief Joseph Samuels Jr. and reported an alarming increase in citizen complaints against officers. The three commissioners who signed the memo said Wednesday they didn't intend it for public consumption. Not every council member saw it that way, said Turner. "That's how the laundry got aired to the greater Bay Area," he noted. After two raucous City Council meetings -- one packed with residents complaining about police and another packed with police supporting the chief -- public furor over Butt's disclosure is waning but involved parties are consulting their attorneys. "These guys are absolutely, totally wrong. Some of my colleagues have been coming down on me for doing this ... but all I have to say is they're absolutely wrong," Butt said on Thursday. "That is public information and if people didn't want it to be public they shouldn't have sent it to me." The Richmond Police Officers Association claims the memo included personnel information that by law may not be released. The commission, appointed by the City Council, is a citizens' panel that investigates claims of excessive force and civil rights violations leveled against police. '1 don't really believe the way to handle these issues are through the press, e-mail, rumors, innuendo," said Sgt. Alec Griffin, the union president. "We need to do something to fix the process so it doesn't happen again." Samuels, meanwhile, said he didn't care much for certain characterizations in the memo, but wants to work on his relations with the commission. "Frankly, I was offended by some of what became public, but I've learned in this business that you need to rise above ... taking professional disagreements personally," Samuels said. 11/12/02 Page 2 of 3 Butt distributed the memo to subscribers of his e-mail group in a message titled, "A Chief's Chief or a Disappointment?" The memo expressed the three commissioners' frustration with Samuels and includes: · Allegations officers threatened to file false reports, had sex while on duty, and ignored claims of repeated acts of brutality. · Claims that Samuels does not have day-to-day knowledge of the department, hides in his office, and does not know all of his employees. · An unverified statement that the number of claims against the city stemming from police misconduct has tripled since Samuels became chief. Although the descriptions of alleged misconduct did not include the officers' names, Griffin said there was enough information in some cases for others in the department to identify them. Some of the claims in the memo were fabricated, he added. "It's just not true. That's the bottom line," Griffin said of an assertion in the memo that Samuels hired an officer only to fire him three months later upon learning he was a convicted felon. "And I'm concerned because it paints (Richmond police) with a broad brush ... that we're doing something wrong." Commission chairman Bob Sutcliffe, meanwhile, had his own ax to grind with Griffin. The City Council unanimously re-appointed Sutcliffe to another term on Tuesday, but not before Griffin and other officers implored the council to hold off until it determined who was responsible for releasing the memo. Sutcliffe, one of the commissioners who signed the memo, views some of their comments as personal attacks. "1 didn't feel comfortable. I didn't think what happened was appropriate. I'm a private citizen. As the POA leader, you have no right to impugn me as a private citizen. It was wrong," he told Griffin. Turner said he and every council member except Butt viewed the memo as confidential and that the culpability for its release lies with him. "It's not on you," Turner told the commission. "It's on Butt. Period. Butt is the one who put this in the daylight when we all wanted to deal with it in-house. But that's the past. Let's move on to the future." Butt didn't see the problem with "daylight." "That's news when one-third of the police commission goes on record saying they have no confidence in the police chief," he said. "They'd be doubly peeved if I published all the comments I received (about the memo). There are a lot of unhappy people out there, and a lot of them are police officers." Turner said he plans to attend more commission meetings in the future. "There's going to be inherent tension between any type of oversight committee and the police 11/12/O2 Page 3 of 3 department. It's a cjiven that they're ~loin~l to disa~qree about some thin,Is," Turner said. "But I don't see no need for us to fall out." 11/12/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Friday, November 08, 2002 2:15 PM To: Update@NACOLE.org Subject: [NACOLE Update] No Care Ct of Appeals Upholds Cop Firing for Lawful but Unjustified Shooting Wednesday, November 6, 2002 8:55AM EST Appeals court upholds firing of Charlotte officer The Associated Press RALEIGH, N.C.(AP) - The firing of a Charlotte-Mecklenburg police officer over his role in the fatal shooting of a car passenger has been upheld by the state Court of Appeals. The court on Tuesday rejected the appeal of Shannon Jordan, who questioned the legality of his firing over the April 8, 1997, shooting of Carolyn Sue Boetticher. Boetticher, 48, was a passenger in a car driven by Robert Gardner Lundy the night of the shooting. When they approached a police checkpoint in west Charlotte, Lundy didn't stop and veered toward Jordan and fellow officer Donn Belz. The officers fired 22 times, with at least eight of their bullets striking the rear of the car. Ballistics tests determined that one of Jordan's bullets struck Boetticher in the back of the head. Charlotte lawyer Joe Dozier, who represents the city of Charlotte, expressed relief Tuesday that the appeals court had upheld the Charlotte Civil Service Board's decision to fire Jordan. Dozier said an innocent woman was shot and killed, and the police department, in firing Jordan, was trying send a message."The police department is letting the community know they do have restrictions on the use of deadly force," he said. Boetticher's death was among a string of shootings of black residents by white police officers. Her death heightened racial tensions and helped spark the formation of a Citizens Review Board to hear allegations of police misconduct. Jordan and Belz were not prosecuted. Mecklenburg District Attorney Peter Gilchrist said a reasonable officer would have been in fear of his life and, under N.C. law, authorized to use deadly force.An internal police review found that Jordan's actions were lawful but not justified. The Charlotte Civil Service Board fired Jordan in October 1997 at the recommendation of then-Police Chief Dennis Nowicki. Nowicki suspended Belz without pay for 30 days. Lundy pleaded guilty in 1999 to possession of a stolen vehicle, possession of cocaine and assault with a deadly weapon on a government officer. He was sentenced to at least 4 1/2 years in prison. Information from: The Charlotte Observer 11/12/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Tuesday, November 12, 2002 9:42 AM To: Update@NACOLEorg Subject: [NACOLE Update] DNA Justice Editorial DNA justice Originally published November 8, 2002 Baltimore SUn HERE'S WHAT'S scary about the case against Bernard Webster, the Baltimore man who spent 20 years in prison for a rape he didn't commit: There was no prosecutorial misconduct. Police didn't beat a confession out of him. He had a good lawyer at trial. And three eyewitnesses said they saw him near the crime scene. If not for DNA evidence collected after he had sat in a cell for nearly half his life, and a lawyer hellbent on determining the indisputable truth, nothing about this case would have suggested he wasn't guilty. It was a routine legal proceeding, a seemingly open-and-shut case with no obvious foul-ups -- and yet it resulted in a verdict that was absolutely wrong. No comfort can be taken in a criminal justice system that so profoundly laid waste to one man's life and, in turn, permitted a brutal crime to go unpunished. This case highlights a flurry of issues with justice in Maryland, and it cries out for important changes. First on the list is expansion of the use of DNA evidence in applicable criminal proceedings. The state's 200'1 DNA statute allows judges to order DNA testing in rape or murder cases where a convict's innocence could be proved - and it permitted the Maryland public defender's office to represent defendants in those cases.. But no money was added to the public defender's budget to fund these inquiries. The office created its own "innocence project" and assigned attorneys on its staff to begin looking into old cases, but that effort represents a sacrifice of resources under the current setup. Mr. Webster's exoneration proves these inquiries are not fruitless or unimportant. They're about correcting horrible injustices -- and the state must further that cause with appropriate funding. The Webster case also cardes implications for the ongoing debate over Maryland's death penalty. Many capital cases turn on the same kind of eyewitness testimony that turned out to be completely unreliable in Mr. Webster's case. And many of those cases seem otherwise airtight, just like Mr. Webster's. But imagine how much more outrageous this sad story would be if the person who actually committed the rape had also killed the victim. Mr. Webster almost certainly would have faced a death sentence and, 20 years down the road, could be dead. Should Maryland be meting out irreversible punishment, given the distinct possibility -- made manifest by Mr. Webster's case -- that mistakes result in conviction of the innocent? Last, this case points to the need for a review of the state's laws regarding compensation for the wrongly imprisoned. Mr. Webster can get money from the state for the years he lost if the governor issues him a pardon. But that law puts the burden on Mr. Webster to again prove his innocence to get the money. Given the near irrefutability of DNA evidence, compensation should be made automatic for those exonerated under the 2001 DNA law. It is clearly time to recognize the power of DNA evidence in order to help avoid future wrongful convictions and correct those of the past. Maryland must be mere vigilant in both efforts if justice is to be worthy of its name in this state. Copyright © 2002, The Baltimore Sun 11/12/02 Marian Karr From: Kelvyn. Anderson~phila.gov Sent: Tuesday, November 12, 2002 9:49 AM To: update@nacole.org Subject: [NACOLE Update] Police target No-show Officers Police target no-show officers After a report blasted the city's Narcotics Bureau, new numbers show more police are getting to court. By Craig R. McCoy, Rose Ciotta and Mark Fazlollah Inquirer Staff Writers Mayor Street and top police officials say they have already taken steps to address a key finding of a tough internal report on narcotics enforcement: police officers' failure to show up for court hearings in drug cases. Street, who bristled at some of the language in the department watchdog's Oct. 23 report, says police have "drastically" improved their court attendance rate. New numbers appear to confirm this. With narcotics commanders cracking down on attendance, the department logged only about 20 unexcused absences from court in October, according to the police public affairs unit. This was out of several thousand hearings that month. By contrast, police integrity officer Ellen Green Ceisler said in her report that between 1999 and early this year, narcotics officers averaged 270 unexcused absences each month. Police coiT~nanders acknowledged yesterday that problems remain. With the explosion in arrests brought on by the citywide war against drugs, they pointed out, officers from the 601-member Narcotics Bureau are often asked to do the impossible: be in two or more courtrooms at once. Because of inadequate technology, the department has no precise way te know how many hearings get missed. On arriving for court, officers log into an attendance computer by swiping ID cards through a scanner. This system doesn't verify whether an officer shows up in each courtroom for each case in which his or her testimony is needed. How often must narcotics officers go to court? Chief Inspector William C. Blackburn Jr., who took over the bureau's day-to-day operations in March, said yesterday that his most active officer was subpoenaed for an average of more than ?0 court hearings per month. Blackburn said last-minute scheduling is another headache for officers. Street made the same point earlier. "Hundreds of court notices are sent to narcotics officers daily, some with as little as 24 hours' notice," the mayor said in a Nov. 2 radio address. "Hany officers are subpoenaed te multiple courtrooms at the same time. This is a complex system!" Street's radio speech amounts to his only official comment te date en the critical 65-page report he received a month ago from its author, Green-Ceisler. That report found no evidence ef systemic corruption in the Narcotics Bureau but said failures of training, screening, discipline, and the use of informants had created the potential for a new wave ef corruption. Between 1999 and June ef this year, the report said, drug officers had 7,269 unexplained absences from court. The report said a pattern of such absences is a well-known "indicator ef misconduct and corruption." Blackburn agreed that such patterns raised suspicion, but he questioned Green-Ceisler's figures. "Is it fair to say we had a problem? We really don~t know," he said. He said he had focused intently on improving court attendance since he took over the unit in March and regularly checked computer printouts to see if officers have missed hearings. "I believe we have the court system under control," Blackburn said. "The Police Department understands that once an arrest is made, our obligation is not fulfilled. Our obligation is fulfilled when we go to court and testify, and the chips fall where they will." Street told of having talked several times with Police Co~nissioner Sylvester H. Johnson about hew the department was "addressing legitimate concerns raised in the report." The mayor, however, said he took "strong objection to anyone who would use this report to impugn or stigmatize the hardworking men and women of the Narcotics Bureau." He said the bureau's own review found that most court absences resulted from scheduling conflicts and "administrative complexities, not the intentional or negligent failure of narcotics officers to report to the court." At the same time, he said, "we can ill afford to have a revolving door of justice in which dealers are back out on the streets within days of their arrest because of backlogged courts or absentee police officers." Such absences can be costly: Hearings get postponed again and again, and after several such delays, judges may let a drug defendant walk free. Green-Ceisler looked at 513 drug cases and found 16 such dismissals. In June, soon after Green-Ceisler began raising questions about court attendance, Blackburn issued new orders that tightened up monitoring of absences. The narcotics chief told his commanders to take "immediate action" against officers with unexplained absences. One possible longer-term solution supported by the Police Department: having officers "swipe" in and out of each courtroom. But this would mean installing scanners in each courtroom and has yet to gain much support. Green-Ceisler's report said that between 1997 and early this year, only one drug officer or supervisor was disciplined for court absence. A lack of such discipline would mean "there's no consequence for missing court hearings," Municipal Court Administrative Judge Seamus P. McCaffery said last week. Ceisler's unusual job, which gives her authority to scrutinize police data, was created after the 39th District scandal of the 1990s. In that North Philadelphia district, six drug officers were imprisoned for framing suspects and faking search warrants. Cor~issioner Johnson, who as an inspector helped run the joint police-FBI investigation of that scandal, said the experience shaped his views. "Sometimes narcotics breeds corruption because you deal with so much money," Johnson said in an interview after Green-Ceisler's report was issued. He said he had beefed up the unit's command structure and screening of newly assigned officers. "I want accountability and respectability in narcotics," he said. In interviews since the report was issued, judges, police officers and lawyers have said the city's justice system seems almost designed to keep officers out of court. They said: A relative few officers - typically young, ambitious and energetic - make a disproportionate number of arrests. These so-called heavy producers receive a blizzard of notices to testify in court, guaranteeing schedule conflicts. Clerks and police "liaison officers" toil in courtrooms, helping judges schedule hearings when police witnesses are on duty and can testify. But these aides work apart from each other, with software that doesn't show scheduling conflicts. The police union last week called the narcotics report unfair to officers but agreed that court scheduling was a mess. To encourage better scheduling, said Robert V. Eddis, president of Lodge 5 of the Fraternal Order of Police, the city should pay a penalty - in the form of extra pay to officers - when it instructs police to testify on less than two days' notice. "There are so many ways for it to fail the way the system is set up now," Eddis said. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 4 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 12, 2002 11:06 AM To: update@nacole.org Subject: [NACOLE Update] CiviJien Review created in Providence, RI Providence police review board created Members of the civilian-review board, which will handle complaints against the police and make recommendations on discipline to the chief, will be appointed when Mayor-elect David Cicilline takes office. 11/12/2002 BY AMANDA MILKOVITS Journal Staff Writer PROVIDENCE -- In a quiet, yet historic move on Friday, acting Mayor John J. Lombardi signed an ordinance establishing a civilian-review board to investigate police misconduct. This is a first for any community in Rhode Island. The question now is whether it can succeed. The ordinance survived a veto by former Hayer Vincent A. Cianci Jr. and nearly two years of wrangling between supporters and opponents. It will take effect under Mayor-elect David N. Cicilline, who supports the plan. Some con, unity activists had pressed for the civilian-review board to change the way the police investigate and punish misbehavior by other officers. Now, civilian complaints are investigated by the police. The chief can recor~lend punishment, but anything more than a two-day suspension can be disputed in an internal hearing -- judged by police officers. The process is governed by the Law Enforcement Officers Bill of Rights, a state law meant to protect officers from punishment or firing based more on politics than for cause. But those who support the civilian-review board say the law protects problem officers and keeps civilians in the dark about how police departments deal with misconduct. The civilian-review board will handle complaints against the police and make recon~endations to the chief on punishment. The City Council approved passage Thursday evening, to applause and chants by a crowd of supporters. Friday morning, the executive board of the Providence police union was on the phone with lawyers. "We knew it was coming. We don't agree with it. We're looking into the constitutionality of it," said Patrolman Michael Marcoccio, president of Fraternal Order of Police, Lodge No. 3. He says the ordinance violates the Law Enforcement Officers Bill of Rights. He says officers can't be, and won't be, compelled to testify before civilians. Above all, Marcoccio said, the civilian-review board does exactly what the Bill of Rights law intended to stop. By having political appointees on the board, it puts politics back governing the police, he said. The mayor, the City Council members, and the executive director of the Providence Human Relations Co~nission each get to pick members to serve on the board. "You want us as police officers to go before this board?" Marcoccio said. "[City Council President] Balbina Young has called us assassins after the shooting of [Sgt.] Cornel Young [Jr.]. Do you think a police officer wants to sit before a pick of hers? It's ludicrous." It was the accidental shooting of Young, who was off duty when he was shot and killed by fellow officers, that prompted a statewide and local commission to review the Providence Police Department and recommend changes. Both commissions had heard numerous complaints about alleged police misconduct and brutality. After a year of hearings, the Providence Blue Ribbon Commission and the Rhode Island Select Commission on Race and Police-Community Relations recommended adopting a civilian-review board. Marcoccio can list a number of reasons why he thinks the plan is flawed. But the incoming mayor lists the reasons why he thinks it can work. The board can screen frivolous complaints and offer mediation for those who just want to be heard, Cicilline said. And it will give "meaningful oversight" by the community on police misconduct -- an important step in restoring the public's confidence in the Providence Police Department, he said. "It's important to be mindful that an overwhelming number of police officers are hardworking men and women," Cicilline said. "And this system will identify police officers who are [problems]." Cicilline will get to choose three people to serve on the board; Lombardi said he was deferring to the mayor-elect, as his term expires in two months. It's unknown whether thecouncil will appoint members to the board new or wait for the newly elected members David A. Segal, of Ward 1, and Higuel Luna, of Ward 9, to take their seats in January. Young, the council president, didn't return a call seeking co~aent Friday. The appointments to the board are critical to its success, Cicilline said. The civilian-review board "can't function unless people with high integrity and character are selected, or the system will collapse," Ciciline said. In response to the union's criticism, Cicilline said that just because the board members will be political appointees doesn't mean that they can't be fair an impartial. "Judges are appointed, and they make decisions in an impartial way," he said. Cicilline says he sees the civilian-review board as one part of repairing the battered image of the Providence Police Department. He referred to the allegations of officers cheating on promotion tests and the turnover of three police chiefs in less than two years. "It's our responsibility to identify strong leadership in the department and ensure that police officers are promoted based on merit, not on who they know, and remove politics from the Police Department," Cicilline said. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 12, 2002 11:21 AM To: update@nacole.org Subject: [NACOLE Update] Miami FL police shootings (2 stories) pic07711 gif pic28253gif picO6868gif pic25547.gif (Embedded image moved to file: pic07711.gif} (Embedded image moved to file: pic28253.gif) (Embedded image moved to file: pic06868.gif) Handful of police piled up shootings 20 Miami cops among most aggressive in U.S. BY DAVID KIDWELL AND JOSEPH TANFANI dkidwell@herald.com A group of 20 Miami police officers fired nearly half of all the bullets expended by the 1,100-officer department since 1990, making them some of the most aggressive shooters in the nation, a Herald investigation has found. The group includes seven officers now under indictment on charges of planting guns at police shooting scenes and four who have been disciplined for lying to supervisors in unrelated cases. One officer -- Juan Mendez -- has accumulated four fatal shootings, more than any other police officer in Florida, according to a Herald survey of more than 25 urban police departments in Florida and the nation. ''Make sure when you're telling people I'm Florida's deadliest cop that you also tell them I'm working in Florida's deadliest city, on Florida's deadliest streets, and on Florida's deadliest shifts,'' Mendez said in a recent interview. ''I do not go out there looking to shoot people.'' Miami Chief Raul Martinez acknowledged that the problem of repeat shooters is particularly vexing -- especially when there is no clear evidence that the shootings were unjustified. ''It's one thing when officers fabricate evidence, plant guns and tell lies,'' Martinez said. ''But what happens when you appear to have good, justifiable shootings, . when they say I had to shoot to defend myself? ''It's difficult to tell them when not to shoot. Police have grappled with the question for years Are some officers more prone to shoot because of their mind-set and tactics, while other officers might avoid shooting? In Mendez's case, for instance, the suspects were armed in three of his four fatal shootings and the cases were ruled justified by the department. Yet his commanders acknowledge they will never know whether another officer -- one of the more than 900 who have never fired their weapons -- might have avoided deadly force. ''If there is one thing that has failed us, it's that,'' Martinez said. ''Once you have an officer who's involved in three, four, five, six justifiable shootings, what should we do with him? We haven't found the answer.'' A yearlong Herald review of every bullet fired by the department revealed failed oversight in 46 questionable police shootings throughout the 1990s, many of them involving the department's most aggressive shooters. Mendez, who was involved in one of those questionable shootings, is among six Miami officers with more than five shootings in their careers, a number higher than almost all other urban departments surveyed by The Herald. Many -- including Baltimore, Boston, Chicago and Philadelphia -- reported that they have no officers with that many shootings. COMPARING SHOOTINGS Other, larger forces show a better profile than Miami Miami-Dado County's police force, with three times as many officers, has none with that many either. Tampa police, with nearly 1,000 officers, have one officer with four shootings and one with five. Washington, D.C., with nearly 3,500 officers, reported only one officer with more than five shootings. Even New York City -- with nearly 40 times more officers than Miami -- reported only seven officers with five or more shootings. ''That's incredible,'' said Bishop Victor T. Curry, a longtime 2 black community activist and frequent critic of the Miami police ''It's clear they would rather suffer with the reputation that they employ a bunch of Keystone Cops than to cut out this cancer and move on.'' But the officers and their supporters argue that they are being unfairly labeled as bad cops. ''What we're dealing with here is a select group of people'' put into specialized units and ''tasked with finding violent felony offenders,'' said A1 Cotera, head of the Miami police union. Supporters say shooting statistics should be stacked alongside commendations and arrest records, and that their honed skills as alert, aggressive police officers put them in harm's way more often. ''I notice things -- what am I supposed to do?'' Officer Mendez said. ''Why? I don't know why. Why does Barry Bonds hit more home THE MOST PROLIFIC In their careers, 3 officers fired 207 bullets, killing 5 While Mendez has more fatal shootings, he ranks fourth in the number of overall shots fired at suspects. The top three shooters: ? Arturo Beguiristain, one of the officers indicted on charges that he planted guns, has fired 84 bullets in eight incidents. He has killed two suspects. ? Alejandro Macias, another indicted officer, has fired 76 bullets in five separate incidents -- killing two people. He was reprimanded for untruthfulness in 1989 to protect a partner who had beaten up a doctor in a Miami park. ? Jeffrey Locke fired 47 bullets in four separate shootings. His only fatality turned out to be a bystander mistakenly shot while on an evening walk with his 5-year-old stepdaughter. While the vast majority of Miami officers never fire their weapons, since 1990 these officers are among 20 who have fired 552 times in 72 incidents -- nearly half the bullets fired by the department. This small group has killed 16 -- again, nearly half the fatals. ''These guys are the front-line soldiers, given the job to put themselves in harm's way,'' said Richard Sharpstein, Beguiristain's lawyer. 3 ''They are attacked more. They are in danger more. And they shoot more, period,'' Sharpstein said. ''Art is a hero. He should be given medals, not criticism and indictments.'' Said Locke: ''It's a highly stressful situation when your life is on the line and it's dark and there's people yelling and they have guns. Tell me what you would do. You have to make a decision in a split Macias declined to be interviewed, but his defense attorney, Bill Matthewman, defended his client as one of the department's most aggressive and best officers. ANOTHER APPROACH Officers who fired could have been closely monitored But Chief Martinez -- who was a top commander throughout the 1990s -- acknowledges that his department should have done a better job of addressing officers prone to shoot. In many other departments surveyed by The Herald, co~nanders said officers who are involved in several shootings are assigned other duties. That idea was even discussed at the Miami Police Department, said one retired co~m~ander. ''Even if an officer did four or five shootings and they all looked great, at some point I felt there should only be so many in an officer's career,'' said retired Lt. John Campbell, who headed both homicide and Internal Affairs in his career. ''That was an unpopular opinion and it was not adopted,'' he said. '' [Mendez] was a good case in point of someone that should be removed from this kind of situation.'' Martinez said civil-service protections, a strong police union and a weakly enforced early warning system have made it difficult to transfer or penalize officers involved in multiple shootings. Police experts and even some department insiders argue that top-level brass such as Martinez have turned a blind eye to overly aggressive officers for years. ''We had some questionable shootings by a number of the same people,'' Campbell said. ''If you are not sure, maybe we should move them.'' 4 Mendez was one such officer -- identified by commanders as a potential problem early in his career. He has been commended for numerous arrests and aggressive community service 40 times since he was hired in 1984. He quickly excelled as a self-metlvated officer. But in 1990 -- in a rare action -- his bosses filed felony assault charges against Mendez after two drug suspects accused him of beating them bloody with his walkie-talkie. He denied the allegations. Those charges fizzled when his accusers were indicted on unrelated charges and refused to testify against Mendez. He went back to work, where in 1996 he was promoted to sergeant. ''It wasn't true,'' Mendez told The Herald. ''We hear these kinds of allegations from people we arrest all the time.'' Mendez has accumulated 56 allegations of various forms of misconduct in his 18 years, the second highest number of citizen complaints on the force. He was cleared in all but two. All 20 of Miami's top shooters have accumulated 708 citizen complaints among them, and were cleared 652 times. Beguiristain was cleared in 14 of 16 complaints, Macias in 25 of 29, and Locke in 43 of 45. Mendez has been involved in seven shootings, not counting one accidental shooting. In all but one, which is still under consideration, the department decided that Mendez was justified in pulling the trigger -- including a 1990 incident in which he and officer Jose Quintero fired at an armed security guard they mistook for a robbery suspect. The Herald found no officers east of the Mississippi with as many fatal shootings as Hendez. One Denver officer asked for reassignment to desk duty after his fifth fatal shooting. One Phoenix police veteran has five fatals MOST CONTROVERSIAL After unarmed man is slain, officer taken off street duty By far, Mendez's most controversial shooting came in 1999, when he fired seven times from the seat of his patrol car at an unarmed and fleeing carjacking suspect -- Antonio Butler, 19. Mendez said Butler was reaching for his waistband and appeared to be going for a gun. Butler died at the scene. Leaders in Miami's black community were outraged over the Butler shooting, and a federal grand jury convened to investigate whether Butler's civil rights were violated by Mendez. The high-profile controversy led Miami police officials to take Mendez off the streets. He is now a supervisor in the violent-crimes division. ''People think I'm a monster,'' Mendez said. ''I'm not a monster As a little boy, I wanted to be a police officer. I'm not a superstar. I'm not a SWAT guy. I'm not fast to the gun. I'm just a street cop. I don't go looking for the limelight.'' (Embedded image moved to file: pic25547.gif) Posted on Tue, Nov. 12, 2002 Hard-charging units not held to account by police brass BY JOSEPH TANFANI AND DAVID KIDWELL dkidwell@herald.com For most of the 1990s, Miami's street-crime units, the ''jump-out boys,'' were lords of Miami's meanest streets. A proud, pumped-up and closely knit bunch, they piled up arrests and Officer-of-the-Month awards. Dubbed the ''Kickass Fraternity'' by critics, they drank together, rented apartments together, took vacations together. Street-corner drug dealers and young purse snatchers feared them Young cops looked up to them. The brass loved them. And when people started getting shot under suspicious circumstances, no one raised questions. 6 A Herald review of 180 incidents between 1990 and 2001 found that the department failed to discipline officers in at least 46 questionable shootings. At least 12 of the 46 -- and all five of the shootings in last year's federal indictment -- involved officers in these special details or SWAT, the extra assignment for many of the plainclethes officers. The indictments allege that 13 officers concocted stories and planted guns to justify dubious shootings. Rolando Jacobo, a former task-force member turned government witness, said lies -- little ones, at first -- were simply part of the job. ''It was understood that if you shot, it would be fixed,'' said Jacobo, who spent time in jail for lying in one shooting before agreeing to testify against his former colleagues. ''If you screwed up, somebody would have a gun for you.'' And even when higher-ups knew certain officers were trouble, they let them stay in these hard-charging units. Jesus ''Jesse'' Aguero is one example: Fired after a string of misconduct charges, including an allegation that he raped a prostitute, he appealed to the city's Civil Service Board and won his job back. Assigned to patrol duty, Aguero fought to return to a street-crimes unit. Police Chief Raul Martinez, then an assistant chief, turned him down. 'I said, 'Jesse, for your sake, you have too many incidents,' '' Martinez said. OFFICER DEFENDED But other supervisors lobbied hard for Aguero. Finally, Martinez said Aguero went to then-Police Chief Donald Warshaw, who cleared the transfer. Warshaw, recently released from federal prison for stealing from a children's charity, denied any special treatment. ''They were all my boys when I was the chief,'' he said, saying he may have been deceived. ''Did I believe that some of these guys were good cops? Yeah.'' The result: After rejoining those units, Aguero was involved in three shootings in which guns were planted, federal indictments allege. Some critics say the department's internal watchdogs suffered from divided loyalties. 7 For seven years starting in 1994, the people running Internal Affairs -- William O'Brien and later Paul Shephard -- were also running SWAT. Some allege that O'Brien and Shephard were blinded by their pride in SWAT. 'Members of the 'SWAT clique' . were untouchable, and could get away with anything,'' said Lt. Roy Brown in a recent court affidavit. O~Brien, who later became police chief, denied that. ' 'A number of those guys were very highly thought of in the department. But that did not stop the department from very vigorously pursuing'' allegations of gun plantings, O'Brien said ''There's just no conscious coverup, there never has been.'' When O'Brien took over, he did away with an unofficial ban that kept members of special units such as SWAT -- where officers tended to use their guns more frequently -- from serving in Internal Affairs, where they would be called on to investigate their comrades. Other senior brass raised objections. ''I just think it created the appearance that the investigation was going to be slanted in their favor,'' Deputy Chief Bobby Cheatham said. ''It's like putting the fox in the henhouse, so to speak.'' O'Brien brought into IA two trusted foot soldiers: Raimundo ''Ray'' Socorro, O'Brien's longtime comrade in SWAT, and Francisco ''Frank'' Casanovas, a veteran street-narcotics cop known for his toughness. Both were friends and partners with other members of the SWAT and street-narcotics units. In IA, Socorro handled at least three shootings involving members of the street-narcotics or crime-suppression teams. In each case, Socorro found nothing wrong. In each case, Socorro's friend and sometime partner, Arturo Beguiristain, a fellow SWAT member, either fired his weapon or reported finding a gun. Federal prosecutors now say guns were planted in two of those cases. Socorro and Casanovas declined to comment. But O~Brien defended Socorro as '~a very thorough and a very aggressive investigator'' whose work, like that of other detectives, was checked and rechecked by supervisors. ''An officer could not do a lackluster job,'' O'Brien said. ''It wouldn't be accepted. Some charge that O'Brien simply did not want to hear allegations that favored officers were doing anything wrong. John Dalton, IA supervisor and 25-year Miami police veteran, said he was chewed out by O'Brien for asking pointed questions about the SWAT shooting death of 73-year-old Richard Brown. In that case, SWAT officers fired 122 times into Brown's Overtown apartment, killing Brown while his 14-year-old great-granddaughter cowered in a bathroom. Police have been indicted for lying about that case, and the city has paid a $2.5 million settlement. ''They were very defensive about this shooting from the beginning,'' said Dalton, now retired. ''They didn't want anyone asking any questions.'' DENIAL OF BIAS But O'Brien and Shephard both say they aggressively pursued all allegations of wrongdoing and that no one was protected. Shephard, now retired, said some officers were relieved of duty even before the indictments. ''When I was there, we would look at the facts, no matter who it was, and go that way.'' Last year, Martinez reinstated the ban on SWAT members serving in Internal Affairs. ''You shouldn't have SWAT guys investigating SWAT,'' said Assistant Police Chief James Chambliss of the earlier change. Herald staff writers Manny Garcia and Jim DeFede contributed to this report. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 12, 2002 11:25 AM To: update@nacole,org Subject: IN^COLE Update] Miami - Dept changes rules on gun use by officers Posted on Tue, Nov. 12, 2002 Department pledges stricter controls on when officers can fire weapons Miami police have pledged stricter controls over when officers can fire their weapons. The city has tightened its shooting policy to allow shootings only when a deadly threat is ''imminent.'' That means no more shooting at people who are fleeing, or anyone else who is not clearly a threat at that moment. The U.S. Justice Department is investigating whether the Miami Police Department exhibits patterns of racial discrimination or brutality or poor training. A civilian shooting review panel is also in the works. But experts, retired commanders and some current Miami cops say more reforms are needed: ? Some of the same officers responsible for most of the shootings also lead the department in misconduct complaints A system is in place to flag these officers, but it doesn't require that they be retrained or reassigned. ? Miami officers undergo four days of ''survival'' training each year but are not instructed on when not to shoot. Instead, the credo is: ''Make sure you go home.'' Some experts say this type of training is too aggressive and doesn't put enough emphasis on restraint. ? Internal investigators sometimes were not thorough enough in questioning, con~anders concede, leading to erroneous conclusions that officers did nothing wrong. Police Chief Raul Martinez promises to appoint expert investigators to internal affairs. Homicide investigators now 1 review all police shootings. ? Investigations into shooting cases sometimes lingered for years, in part because of delays by prosecutors and internal investigators. In the rare cases that officers are given reprimands or suspensions, an appeals process allows them to stall for months or years. Experts say investigations and discipline need to be handled more swiftly. ? Insiders agree: Miami needs stronger sergeants, the first line of supervision, to help train young officers. ''Sergeants have no power anymore,'' said A1 Cotera, president of Miami's police union. ? Officers have gone back on the street after questionable shootings even after they refused to explain their actions or give statements. Police unions have won strong legal protections for officers who fire their weapons, meaning they can't be punished for refusing to give statements. This refusal to talk sometimes hampers investigations for months. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 5 Marian Karr From: Suelqq@aol.com Sent: Wednesday. November 13, 2002 1:25 PM To: Update@NACOLE.org Subject: [NACOLE Update] Portland Activists Mobilize Against FBI [& PD] Joint Terrorism Task Force October 31, 2002 Red Squads Redux: Portland Activists Mobilize Against the FBI's Joint Terrorism Task Force by DESIREE HELLEGERS and LAURIE MERCIER The September 19 renewal hearing for the Portland Joint Terrorism Task Force (PJ'I-I-F) marked another important skirmish in the national struggle to resist the Bush administration's assaults on civil liberties. The renewal of the formal agreement between the Portland Police Bureau (PPB) and the FBI came within days of a headline story by the Portland Tribune, which unearthed thousands of "red squad" style police files on progressive activists, some compiled as recently as 1986. After four-and-a-half hours of testimony, overwhelmingly by groups opposed to the partnership, Mayor Vera Katz and city commissioners unanimously rubberstamped the agreement in the face of unassailable evidence of PPB-and FBI--abuses. The hearing threw into relief the willingness of this liberal city government to collaborate with corporate interests and the Bush administration's domestic war on dissent. It also demonstrated the strength and persistence of an ad hoc coalition of local activists that played a little known role in the Portland city government's well-publicized refusal last year to cooperate in the interrogation of thousands of Middle Easterners. The recent disclosures of decades of police surveillance in Portland mirror developments in Denver, where the ACLU has filed a class action lawsuit on behalf of several groups-- including the American Friends Service Committee and the Chiapas Coalition--which were among more than two hundred groups and thousands of individuals investigated by the Denver police. The parallel struggles highlight the importance of inter-city strategizing among activists concerned about police spying and the growing reach of the joint terrorism task forces, which now exist in 56 cities. Denver and Portland were among a handful of cities that drew media attention last year for their resistance to post-September 11 "national security" measures. Within days of the attacks on the World Trade Center and Pentagon, Portland activists persuaded one of four city commissioners to vote against the renewal of the PJ-I-I-F. Although the task force agreement was ultimately renewed, arguments against it compelled city officials to uphold state law, even in the face of Justice Department pressures. Since 1981, Oregon 11/13/02 Page 2 of 5 law has barred police-INS collaboration and police surveillance in the absence of criminal activity. In March 2002 Denver activists got their city council to pass a non-binding resolution to limit the enforcement of the USA Patriot Act. Sabin Portillo of Denver Copwatch noted that Portland's resistance to Ashcroft's dragnet of Middle Eastern men buoyed Denver activists. "It gave people a little bit of courage-of hope," said Portillo. The Portland city council first formalized the FBI-PPB Joint Terrorism Task Force partnership in 2000, on the heels of the WTO protests in neighboring Seattle. In a September e-mail to concerned activists, Katz claimed its genesis in the 1997 collaboration between the PPB and FBI "investigating and preventing criminal threats to the Nike World Master Games," in the city where the multinational corporation is headquartered. However, the task force first came' to public light when Dan Handelman, of Portland Copwatch, happened to be present at a September 2000 city council meeting. Handelman was surprised to learn that the PJ~-I-F agreement, which broadly targeted "right" and "left wing" activists for investigation, was slated for routine renewal as an emergency measure. Ultimately Commissioner Charlie Hales convinced the council to temper the original language before it sanctioned the FBT-PPB arrangement. The following September, as activists geared up for the first public PJ'I-FF renewal hearing, the hijacked planes slammed into the World Trade Center. One city commissioner advised activists in a lobbying meeting that they would be committing political suicide by contesting the PJ-I-I-F agreement. But by the September 26 hearing, a broad coalition, including the Oregon ACLU, had emerged to resist the renewal. Activists jammed the chambers of the city council, offering a collective course in the FBI's historical role in repressing political dissent. At last month's renewal hearing, the mayor, commissioners, and Police Chief Mark Kroeker again faced a roomful of angry citizens, still recoiling from the police paramilitary response to protesters during Bush's August visit, and many waving copies of the Portland Tribune expose of police spying. Kroeker's power point presentation before the packed council chambers provided strong evidence of the role that corporate interests are playing in shaping the PJ-I-FF agenda. Under the heading "community supporters," almost all of which were forest products corporations, he quoted an Oregon industry spokesperson who lauded the P.]-I-FF as "a perfect example of the corporate approach to information sharing that needs to occur across agency jurisdictions to bring all terrorist activities to justice." Listing "terror crimes in our region," Kroeker highlighted nine environmentally-related property crimes going back to 1996 and encompassing both Washington and Oregon. Numbering among the "terror crimes," none of which involved human injuries, were the destruction of "experimental grass seeds at Pure- Seed Testing facility," an arson fire that destroyed a lumber company office, and a nationally publicized arson fire that destroyed 37 SUVs at a Eugene dealership. Tim Crocker, of the Portland Business Alliance, testified in favor of the PJ-I-i-F claiming that Oregon faces a higher threat of "ecoterrorism" than any other state. The conflation of ecotage with national terrorist threats is significant in this region where environmental activists seemed poised to become heroes to mainstream Oregonians for their landmark success in effecting the cancellation of the controversial Eagle Creek timber sale. Spearheaded by the Cascadia Forest Alliance (CFA), the campaign to save 11/13/02 Page 3 of 5 Eagle Creek included three years of coordinated tree sits, road blockades and periodic demonstrations. It drew national attention when local activist Michael Scarpitti, aka Tre Arrow, scaled the U.S. Forest Service building in downtown Portland and spent eleven days on the building ledge to protest the timber sale. In the weeks immediately preceding the 2002 renewal hearing, the P_I-I-I-F made a series of highly publicized arrests, including three members of Portland State University's Students for Unity, who were charged in connection with the almost year-old arson of Eagle Creek logging trucks. At the time of the arson, support for the tree sit was mounting. Wyatt Wildewoode of CFA noted that the fire "hurt the cause more than it helped it." "ft's not unlike the FBI to do something like this," observed Wildewoode, invoking the car bombing of activist .]udi Bari. With the accused activists still awaiting trial, and each facing up to eighty years in prison, Kroeker showcased the arrests as evidence of the effectiveness of--and need for--the task force. Labor organizer Bob Marshall was among the first to analyze the chilling effect that the PJ~-I-F would have on organizing efforts. Citing repeated incidents of police surveillance of Powell's Books workers during their organizing drive in 2000, Marshall remarked before the 2001 renewal hearing that unions viewed the PJTTF as "another gauntlet thrown by corporate America." At the 2002 hearing, Leal Sundet, of ILWU Local 8, testified that Bush had already threatened to label and prosecute western longshore workers as "economic terrorists" if they called a strike. If Chief Kroeker's power point presentation provided strong indications of the role that the P.]'I-I-F will increasingly play in protecting corporate interests from activists' challenges, it also raised the specter of terrorists among members of the local Muslim community. Along with the Eagle Creek arrests, Kroeker touted the recent high-profile arrest of Sheik Mohamed Abdirahman Kariye, the religious leader of Portland's largest mosque, the fslamic Center of Portland. An electronic device at Portland Tnternational Airport detected trace amounts of TNT on Kariye's luggage. When Kroeker highlighted the arrest to justify the task force renewal, some activists shouted "innocent until proven guilty." Indeed, on the Monday following the Thursday council hearing--and the renewal of the PJTTF agreement and budget--Assistant U.S. Attorney Kent Robinson announced that the FBZ's tests of Kariye's bags had come back negative for the presence of TNT. Kariye, however, remains in custody on Social Security fraud charges with no indication that the PJTTF will discontinue its involvement in the "case." In his testimony before the City Council, Kayse Jama, himself a member of the Islamic Center of Portland, spoke to the heightened fears of members of the Muslim community in the face of Kariye's arrest. Jama voiced his concerns with being targeted by the PJ'I-I-F and possible reprisal for his testimony before the City Council: "z am a Muslim, ! am als0 a Black man. ! am also an immigrant." Jama, who fled political violence in his native Somalia, noted that people in his community now feared calling the police over any issue, believing that they could be arbitrarily detained, prosecuted and/or deported without due process. The war on terrorism and threatened war against fraq have heightened citizens' concerns that their own security-and liberties-could disappear in the rapid advance of I1/13/02 Page 4 of 5 war hysteria. Henry Sakamoto of the Japanese American Citizens Leacjue called attention to Ashcroft's ominous proposal to create camps to incarcerate those deemed "threatenincj." Jack Tafari, a leader of Portland's homeless tent city Dicjnity Villacje, told how the PJ]-I-F in the last year had spied on the villacjers. Dicjnity residents, he said, were concerned that these police files would haunt them in the future. "We don't support terrorists," Tafari calmly stated. The equation of property crimes, immicjration violations, and labor and other political dissent with terrorism, as several activists noted in their testimony at City Hall, demonstrates even more fundamental problems with Ashcroft's joint terrorism task force initiative. Professor Tom Hastinrjs, on the faculty in the Conflict Resolution Procjram at Portland State University, noted that the FBI's broad definition of terrorism micJht easily apply to disciplined non-violent civil disobedience. Barbara Dudley, a professor in Portland State University's Mark Hatfield School of Government, observed that "Terrorism has become the new catch-all label for dissidence." Althoucjh the three commissioners ultimately joined the mayor in supportincj the PJ]-I-F renewal, they clearly acknowledcjed the power of the activist community in hedcjincj their own justifications for renewal. In emphasizincj their support of abortion providers to explain why they supported the P,I-I-rF, commissioners i§nored the testimony of Tia Plympton, representincj the National Organization of Women. In opposin9 the task force, she insisted that a variety of law enforcement and lecjal remedies exist to protect abortion providers. Moreover, she arcjued, the PPB and FBI in the past had dismissed evidence of threats to abortion clinics, at the same time both acjencies had infiltrated and investicjated NOW aloncj with a host of other pro-choice women's cjroups. While the mayor and city commissioners continue to insist, in the face of overwhelmincj evidence to the contrary, that existincj oversicjht of the PPB is adequate, they acknowledcjed durincj the hearincj that PPB officers involved in the PJ'I-I-F are accountable only to the FBI, which is exempt from civilian review. Katz, however, attempted to assuacje citizens' concerns by sucjr3estincj that Senator Ron Wyden could review the files. She reiterated the claim at a press conference followincj the hearincj, claimincj that because Wyden serves on the Senate Intellicjence Committee, "The Orecjon delecjation has the power to review the files." Within a few days of the hearincj, the Tribune reported that Wyden does not, in fact, have direct access to investicJation files, thoucjh as Wyden staffer Josh Carden noted, "The FBI briefs the committee on its activities." In anticipation of the hearincj, Commissioners Frik Sten, Dan Saltzman, and Jim Francesconi drafted a self-indictincj letter to Ashcroft and FBI Director Robert Mueller requestincj some minor oversicjht of PJ-I-[F files. In the letter, they note that "residents of Portlandare vi~lilant in their defense of civil liberties, and this vicjilance poses difficulties to the wholesale reaffirmation of the work between the FBI and the Portland Police Bureau." Despite the compellincj testimony by citizens and activists, the Council, in announcincj its decision to vote in favor of the PYI-I'F renewal, steered the focus away from substantive arcjuments to chide some in the council chambers for repeatedly hecklin9 the council. The council's closincj remarks attempted to delecjitimate the testimony of dozens of cjroups, includin9 the ACLU, the Sierra Club, Leacjue of Women Voters, Physicians for 11/13/02 Page 5 of 5 Social Responsibility, and AFSCME, which represented thousands of constituents. In its coverage of the renewal hearing, The Oregonian gave Katz the last word. "I'm surprised at the fact a lot of people were talking about freedom and democracy but would not allow other people to speak, but showed rude and crude behavior." During the hearing, Kroeker received word that he had failed in his bid to return to Los Angeles as the Chief of Police. According to The Oregonian, Katz expressed her relief that he would be staying in Portland, and indicated that "Highest on her agenda for the chief is to figure out how best to manage the 'escalation of protests' in Portland." While the Portland city council has yet to acknowledge the significance of the Tribune's disclosures, the Denver mayor recently convened a three-judge panel to review their city's police spy files. Activists, however, are critical of the limited scope of the panel review, which did not include anti-terrorism investigations. Steve Nash, a plaintiff in the Denver ACLU lawsuit, confirmed that to date Denver has had no public JTTF renewal hearings. 'Tve seen nothing in the press about it. I've heard nothing from the police about any kind of renewal process. Sometimes they do public things that aren't very public. They may have something like that here as well and we weren't sitting at the right meeting." Portland's experience demonstrates that once made public, ,ll-FF hearings may serve as critical forums for gauging local governments' commitments to civil liberties in the post-9-11 era. De$iree Helleger$ and Laurie Mercier teach at Washington State University Vancouver and are working on a book about Portland social movements. Mercier can be reached at: mercier@vancouver.wsu.edu Hellegers can be reached at: he!!eger@vancouver,wsu.edu Counterpunch 11/13/02 Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Wednesday, November 13, 2002 1:29 PM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh: COP Reorganization (1 of 2) McNeilly defends policing changes Wednesday, November 13, 2002 By Michael A. Fuoco, Post-Gazette Staff Writer Pittsburgh Police Chief Robert W. McNeilly Jr. last night sought to allay the fears of some neighborhood groups that the recent elimination of the Community Oriented Police division and the reassignment of COP officers beginning Jan. 1 indicated an abandonment of proactive police-community relations. "We don't look at this as diminishing community policing but enhancing it," McNeilly said during a two-hour public hearing hosted by the Citizen Police Review Board. "These officers aren't evaporating. They're not going to disappear. They're still going to do community policing." A dozen speakers last night -- representing East End neighborhoods, Harshall-Shadeland, Lawrenceville, Lincoln-Lemington, Knoxville and others --praised their COP officers and said they didn't want to lose that special relationship. Yvona Smith, principal of Lemington Elementary School, said she fears former COP officers will lose their proactive mission of heading off problems before they occur and will be utilized solely to react to crime. McNeilly said officers will still attend neighborhood meetings, interact with the come, unity and work with residents proactively. Instead of 70 COP officers assigned to specific neighborhoods, 58 officers will fulfill those duties -- six "community problem-solving" officers in each of the city's six police zones and 22 bicycle officers. Rather than officers being placed in specific neighborhoods, they will be directed by a zone commander or lieutenant to move to a community where problems have surfaced and then to another neighborhood when that problem is solved. McNeilly said some people began to think there were two different Pittsburgh police departments: one fighting crime and one working with the community. Ail officers should be doing both, he said. The review board will accept written testimony until Tuesday and will give a recom~endation on the issue to Mayor Tom Murphy and McNeilly at its Dec. 3 board meeting. Michael A. Fuoco can be reached at mfuoco@post-gazette.com or 412-263-1968. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Wednesday, November 13, 2002 1:34 PM To: Update@NACOLE.org Subject: [NACOLE Update] Send O'Loan Report, Say Omagh Families 11-'13-02 Belfast Telegraph Send O'Loan report: Omagh families By Staff Reporter~ THE families of the Omagh bomb victims want an Irish government report into the 1995 bombing to be handed over to the Police Ombudsman so she can carry out an independent investigation. The group met with the Republic's Foreign Affairs Minister Brian Cowen yesterday in Dublin. Following a two-hour meeting, group chairman Michael Galragher said the families want the Irish government to send a Department of Justice report on the bombing to Ombudsman Nuala O'Loan. The former Minister for Justice, John O'Donoghue, set up a three-man inquiry to investigate the bombing. According to Mr Cowen they are due to report in the next two weeks. Mr Gallagher said they had urged Mr Cowen to take this action because the Ombudsman's office had been set up under the Good Friday Agreement "to bring transparency and some sort of accountability to policing in the North". She had already been involved in investigating the RUC so they felt her office was best placed to carry out "an independent investigation". However, Ms O'Loan's office does not have jurisdiction outside the North. Asked for Mr Cowen's reaction to this suggestion, Mr Gallagher said they felt it was not something the minister had been expecting. "He asked us to be patient and see what the outcome of the three-man team was," he said. The families had sought the meeting to discuss controversies about alreged contacts between the government and the Real IRA. 11/13/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Wednesday, November 13, 2002 5:06 PM To: Update@NACOLE.org Cc: MMonteiro@Ci. Cambridge. MA. US Subject: [NACOLE Update] Planning the Next Two Annual NACOLE Conferences Dear Civilian Oversight Co hort, The 2003 NACOLE Conference will be held next autumn in Los Angeles; we will notify you as soon as the dates are determined. The 2004 NACOLE Conference will be held the following autumn in a location other than the West. At the General Membership Meeting on 11-3-02, it was determined that the Board will select the city and dates this winter so the host city / representatives have over a year to prepare. If you want to host the conference, please submit a letter of interest with as much information as you can regarding resources, hotel packages, & your jurisdiction's ability to assist with conference costs (in kind and cash assistance). Submit this information to Malvina Monteiro by January 15, 2003. Contact her at if you need more information contact Malvina at MMonteiro@Ci. Cambridge. MA.US We look forward to working with you all to further the development & delivery of competent oversight of law enforcement, and fair, firm & consistent policing. Sue Quinn for NACOLE Board 11/14/02 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Thursday, November 14, 2002 9:14 AM To: update@nacole.org Subject: [NACOLE Update] UPenn Student quits Advisory Board over inaction on Civilian Review pic22704 9i[ picO9930.gif pic13977 gif pic02306 gif pie31675 gif pic22386 gif Student rep quits advisory board Alex Breland protested delay in creating a police civilian review board. By Karen Rutzick November 14, 2002 For fifth straight year, early apps rise (Embedded image moved to file: pic22704.gif) New coffee shop provides a late-night stop for Quad residents (Embedded image moved to file: pic09930.gif) Ponder Laboratory to be knocked down next year (Embedded image moved to file: pic13977.gif) OFSA to charge fee for spring fraternity rush (Embedded image moved to file: pic02306.gif) Challenge to make a difference (Embedded image moved to file: pic31673.gif) The student representative to the Division of Public Safety's Advisory Board stepped down Tuesday night to make a statement in protest of the University's non-action regarding the creation of a Civilian Review Board for police ! behavior. Alex Breland, a College junior, informed the 30-person board of his decision at the conclusion of its meeting, after the board denied his requests for drastic changes to be made to the procedural and substantive methods of the group. The DPS originally offered a student position on the board last spring as a compromise, following the disappointment by many student groups about the lack of movement regarding the creation of an actual civilian review board. Breland was chosen by the members of the Asian Pacific Student Coalition, Latino Coalition, Black Student League and the United Minorities Council as the representative to the board. Leaders of these groups said they support Breland's decision. "Alex decided to resign because it came to our attention after some research into the advisory board's structure that the board would not be able to effectively address the flaws we see in the current [University of Pennsylvania Police Department] complaint process," United Minorities Council Political Chairman Shaun Gonzales wrote in a statement. The desire for a review board of this type sprung out of an incident last January in which then-College senior Dimitri Dube claimed that he was unjustly harassed by Penn Police because of alleged racial motivations. Following the incident, the minority coalitions called for the creation of a board to oversee police action, which was supported by an initiative passed by the Undergraduate Assembly the following month. University officials declined to comment on Breland's resignation or the civilian review board last night. "Ideally, what we saw was a coming together of students, faculty, administration at Penn, cormmunity members in the West Philadelphia area and members of the police department," APSC Chairwoman Eugena Oh said. "It's too early to make some sort of definitive statement as to what [else] we want." Members of the four groups met late last night 2 to begin the formulation of these goals. Oh said that while she is not sure how the groups will choose to counter their issues, she is sure about the DPS's lack of capability to handle the needs of the community, propelling the necessity for a separate review board. "There is no participation from the greater West Philadelphia co~nunity on the board," Oh, a College senior, said. "There happen to be a few faculty that sit on the board who happen to live in West Philadelphia. That really isn't good enough for us." In addition, Oh cited the infrequency of the DPS's review process -- the board meets only once annually --as well as the filtering of complaints through Police Chief Tom Rambo before they reach the board as inadequacies which led to Breland's resignation. Students involved in the issue also say it was important to make their stance clear to the administration. "We do not want to give the false impression that the advisory board is a solution to the problems in the current complaint process," Gonzales wrote. Gonzales said the administration claimed the establishment of a civilian review board would be impossible because of current stipulations within police contracts which stated that police actions could not be monitored by civilians. The three-year contract was up for renewal -- and possible change -- this past July. Students leaders say they had the proposal for a civilian review board ready by that time but were ignored. "The DPS resisted," Oh said. "There was no direct reason given, there was a lot of stalling." (Embedded image moved to file: pic22386.gif) *** eSafe scanned this email for malicious content *** IHPORTANT: Do not open attachments from unrecognized senders Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Thursday, November 14, 2002 9:34 AM To: update@nacole.org Subject: [NACOLE Update] Will Cops Cop To It? - more fallout from the Phila Narcotics report Will Cops Cop to It? The spotlight's glare casts the city's finest in a harsh light. When an internal watchdog asserted last month that the Police Department's Narcotics Bureau is ripe for scandal, City Councilman Angel Ortiz loudly called for hearings into whether rogue officers go unpunished for flouting policies and laws. After reading the report released by the department's Integrity and Accountability Office--the independent unit has monitored departmental workings since the 39th District corruption scandal in 1995--Municipal Court Judge Seamus McCaffery called the situation a crisis. The biggest problem, he said, is that piles of drug cases get tossed out when officers can't appear in court. Though the report found 7,269 examples of this in the past three and a half years, police union president Robert Eddis says that number's misleading. For proof, he cites examples of officers scheduled to make 10 separate court appearances--in different courtrooms--on the same day. Put those hearings in the same room and the problem's solved, he says. While the court mess grabbed attention last week, flying under the radar were allegations that some narcotics officers ignore rules governing the use of confidential informants to buy drugs. Though such covert activities help build cases, Ellen Green-Ceisler, director of the Integrity and Accountability Office, found that paperwork tracing whom police pay to ! work undercover wasn't closely monitored. Lax oversight could allow officers to claim they had probable cause for searches when they really didn't, she says. While that's difficult to prove, informants have bought weed or blow while on probation or parole for drug charges without telling their probation or parole officer. And that police are paying people to violate their prison- release conditions is starting to get some attention in Harrisburg. "We're in the job of getting them out of that business," says Lauren Taylor, a spokesperson for the state Department ef Probation and Parole, explaining parolees can work with police only after extensive investigations into their post-incarceration progress. After PW alerted her to the report, she planned to tell Adult Probabtion Director John Turtle about it last Friday. To their credit, police brass have already paid some attention to the report. Learning of the investigation in June, Narcotics Bureau Chief Inspector William Blackburn ordered officers to provide more information about their informants, including whether they're on parole or have active warrants. While attempts to learn about any other internal improvements from police officials were unsuccessful last week, Eddis says action has been taken. "We'll never stand for corrupt officers. For someone to come out and bring up the 39th District again, well, that's just a cheap shot," he says. "We need to take a look at the big picture." Any reforms taken after an independent investigation defy perceptions that police officials don't even put up window dressing in the face of criticism. JeAnne Epps, a Temple law professor who last year led Mayor Street's Task Force on Police Discipline in the wake of Homicide Capt. James Brady's alleged drunken-driving adventure, thinks the department's heeded some of her group's suggestions. "I do get a sense that there've been improvements, but I really don't have much information about what they've done," she says. "Some of the things we suggested, we knew they couldn't be done in~ediately. I'm not conveying unhappiness, but I really don't have any basis to say I'm pleased, except about the attention [our suggestions] appear to be getting." 2 Having spent years monitoring the department, Police Advisory Cor~ission Executive Director Hector Soto agrees that the boys in blue may be softening up. "They listen to critics of all types," says Soto, whose civilian-review co~ission independently investigates alleged police wrongdoing. "But they're not likely to give credit or attribute change to the report that may have actually triggered the change. They're not good at saying, 'We think that was correct.' It's just part of their culture." Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: KeIvyn.Anderson@phila.gov Sent: Thursday, November 14, 2002 10:35 AM To: update@nacole.org Subject: [N^COLE Update] UPenn Editorial on Civilian Review pic07376 gif Staff Editorial: The blue wall of waiting Penn's Public Safety Division must expedite consideration of a civilian review board In the 10 months since officers from the Penn Police Department stopped a black student who, later investigation found, had done nothing illegal or wrong, it seemed that the outrage of the minority community had been turned into an attempt to make a positive change in the way this campus is policed. But the prospects for meaningful change were again thrown into turmoil yesterday when the only student member of the Public Safety Division's advisory board resigned. Following the January incident, the calls from the student body were loud and clear -- they demanded a civilian review board to deal with a variety of issues involving the police, most notably the tension between police and the minority community. Resolutions in favor of a review board came quickly from the Undergraduate Assembly and the United Minorities Council, and Penn's public safety chief, Maureen Rush, agreed to consider implementing such a board. Apparantly, nothing has come of those negotiations. After endless delays blamed on contract disputes and lack of time, the University appears no closer to having a civilian review board today than it was last winter. Public Safety has raised a number of legitimate concerns regarding the ability of officers to do their jobs and keep the campus safe, but none that serious negotiation could not work through. It is exceedingly disappointing that the process has dragged on for so long, with no resolution in sight, especially when so serious a matter as racial profiling and con~lunity-police relations are at stake. The stopping pf any person for no reason by figures of authority ought to be troubling, and it warrants some form of response. The University community has made clear that it wants an advisory board -- a thoroughly reasonable request -- and it is time that Public Safety took that request more seriously. (Embedded image moved to file: pic07376.gif) *** eSafe scanned this email for malicious content *** *** IHPORTANT: Do not open attachments from unrecognized senders Marian Karr From: Pittinger, Beth [Beth. Pittinger@city. pittsburghpa.us] Sent: Thursday, November 14, 2002 12:22 PM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh Discrimination Suit Cops' bias lawsuit lurches ahead Thursday, November 14, 2002 By Tersten Ore, Post-Gazette Staff Writer In 1998, a group of black Pittsburgh police efficers held a news cenference te announce their federal discrimination suit against the city. Four years later, four ef the plaintiffs have dropped their claims, two soen will have their cases dismissed and seven others are headed to court, where their cases will be heard individually. This week, a federal judge severed nine plaintiffs from the original 1998 suit. The city has filed metiens for judgment against them, asking that U.S. District Judge Robert Cindrich dismiss the cemplaints. Two, Edna Kisner and Harylene Sealey, have indicated they wen't oppose su~ilary judgment and will likely soon be out ef the case. The remaining seven cases are scheduled fer trial in Hatch. The nine plaintiffs claim the city disciplined them unfairly because they're black er female. The officers, some ef whem are s£ill on the ferce, said the city alse denied them desirable assignments and promotiens and offered the jebs to white officers. The city says several ef the plaintiffs have had serious problems on the force er were the subject ef numereus cemplaints. The mest obvious are Keith Ress and Hareld Drummond, beth ef whem were reinstated by arbitraters despite criminal conduct. Neither is now a pelice officer. Ress, once a prisen guard and a former member of the Army's elite 82nd Airborne Divisien, was arrested in 1996 on charges that he lied about ~he theft ef his Chevrelet Camare te collect insurance meney. When Allegheny Ceunty Common Pleas Judge Lawrence O'Toole sentenced him in 2000 for felony insurance fraud, the judge expressed outrage that Ross could remain a cop. "I can't believe that someone who is invelved in something like Mr. Ross has could ever be considered as a police officer, but I'm not one of those fancy-schmancy arbitrators," the judge said. "I don~t understand where they get these arbitraters. Is there an arbitrater training school somewhere?" He sentenced Ress te three years' probatien and fined him $5,000. In court records, the city says Drummond had a history ef substance abuse. In 1990, he was convicted of stealing drugs frem an evidence locker, and in 1997 he was convicted ef drunken driving after causing an accident in Penn Hills. Despite the cenvictions, he didn't lese his job. A few weeks after he and the others filed their suit in September 1998, Angel Pride, a cocaine addict, accidentally shot him in the leg with his service pistol inside a squalid Homewood apartment. One witness ! said he believed Drum~ond, who was off duty, was smoking crack when he was shot and another said he often visited the house to smoke crack, court records said. "Although Pride provided the investigating officers with conflicting statements about how you were shot, the fact remains that you permitted a civilian under the influence of drugs to handle your service weapon," Acting Public Safety Director Kathleen Kraus wrote to him. "You were lucky that someone was not killed." In court records, Police Chief Robert McNeilly Jr. said he thought Drummond was a good officer while on duty, but that his off-duty conduct was damaging the image of the department. He said he had no choice but to fire him. Another plaintiff, Shirley Sloan, said two of her children were harassed by officers at the North Side station because fellow officers did not want her to be promoted. A city psychologist took Sloan off duty, saying she was undergoing anxiety and stress, but she was denied workers' compensation. Sloan said the city contested her application for unemployment benefits and, when she tried to return to work in July 1997, refused to offer her a position. Her son, Alphonso, is also a plaintiff. In addition to Ross, Drummond and the Sloans, parties in the suit are Sealey, Kisner, Charlotte Page, Karen Mosley and Verna Adams. Four other plaintiffs -- Fred Crawford, Jose Alvarez-Aviles, Lauran Webb and Michelle Jamison -- have dropped their claims. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: ECP [Beth. Pittinger@citypittsburgh.pa.us] Sent: Thursday, November 14, 2002 12:39 PM To: NACOLE Update Subject: [NACOLE Update] PittsburghLIVE.com - City police discrimination suits to be heard ECP {Beth. Pittinger@city.pittsburgh.pa.us) asked us to send you this article from PittsburghLIVE.com. Cor~ent from ECP: CITY POLICE DISCRIHINATION SUITS TO BE HEARD Federal civil trials are scheduled to begin in Hatch for nine present er former Pittsburgh police officers who filed discrimination lawsuits against the police bureau in 1998. Te read the entire article, visit: 1. Click here: http://www.pittshurghlive.com/x/tribune-review/pittsburgh/s_lO2368.html 2. Or visit http://www.pittsburghlive.com and type in NewsCode: 102368 For the most comprehensive coverage of local news and sports in western Pennsylvania, visit http://www.pittsburghlive.com Update mailing list Update@nacele.org http://nacele.erg/mailman/listinfo/update nacele.org Marian Karr From: Dwight Hines [dwighthines@mindspring.com] Sent: Thursday, November 14, 2002 3:50 PM To: Suelqq@aol.com Subject: Klindt Win; Klindt Loss Klindt Win; Klindt Loss U.S. District Court Jacksonville, Florida November 12, 2002 The arguments today were about the death penalty er not. Hr. Walden, a former police officer in the Jacksonville Sheriff's Office, was convicted this past week of murder. The second phase of the trial is new underway. The second phase is te present information te the jury to help them decide what penalty is appropriate. This is a new procedure and has not been done in the past. I believe the idea is that the constitution requires that the jury decide en imposition ef the death penalty, net a judge. Basically, we want as much as possible decision power en justice being in the hands ef ordinary people. In the court today, it was mostly a day of procedure, a day ef what often seemed to be bering tedious decisions about what exact words to use, and where to use them, in instructing the jury on the law. But once you started paying attention to the discussion, the arguments by Prosecutor Klindt and defense attorneys Potolsky and Smith, with pointed questions from the judge, it became beautiful, even elegant. Although Kinsey, the prosecutor from Washington, 8.C., here as a specialist te help Klindt, pretty much boggled his discussion of a Supreme Court case and finally stumbled into admitting before and after the judge called him to be specific, that the points he couldn't make were net important to the prosecution, the arguments by Klindt and Petolsky were sharp. And Klindt carried the day, even though he did not carry his objection te the motion, because of his use of con~on sense logic in associating the money with the crime and how the murder could have been avoided if Waldon and the ethers had just left the money and Hr. Safar, the victim, and ridden away. Klindt has wen this case and as you have watched him ever the days and weeks in this trial and ether trials and m©tion hearings, you realize what an intense, laser beam focus of attention he has te this particular case. It is easily seen when he sits at the prosecut±en table, going through the endless documents, while everyone else is on break, standing around and stretching and being social: Klindt is in focus, marking the docs with his felt tip pen, comparing the docs with the handwritten memos attached to them, and making even mere notes on a different legal pad. It is about focus and it is admirable because it comes from discipline. It is discipline. And you wonder if this may not be part of the problem with our system. Te be successful as a prosecutor, you have te be focused. Focused in a micro-meter way en the minutia ef facts about times and places and statements and plans. Focused en being sure that the spirit and the letters of the law are being met by the investigators and the prosecutors in this particular case. Focused so what seems to be an effortless blend of fact and law in court actually comes from incredibly long hours of work. But maybe the focus, the focus that allows Klindt te respond to the Judge's request for a memo ef law in the morning, as if he didn't already have enough te do, with yes sir, with no rancor or hesitation in his voice, maybe the focus is a problem. And you know when he responded in that professional way, that he regained all the pelnts lost by Kinsey, plus a few more. And he knows he can de it and do it well in that short a period of time. Because he knows how to focus. There is a drawback to this type of focus and it may be a systemic problem with our system, rather than a flip side weakness of Klindt's. It may be that the focus necessary to win this particular case at this particular time is incompatible with a view that allows the case to be seen in context of what else was, and is, going on in the police department. It may be that the system that requires extreme focus, the system that Klindt has definitely mastered, needs to be seen in a slightly different perspective. Maybe with some of the tweaks like the ones that Judge made to the jury instructions, just minor changes, so that the case of Mr. Waldon, ex-police officer, new felon, with his life on the line, will not happen again. From this case, Klindt, or someone with his abilities to take in the information learned, will be able to say, we fixed that so it can't happen that way again. And you think, after watching Klindt for hours, that he would like that, but it may not be possible without some tweaks. And you are getting to like this system more and more because it changes in healthy ways and is putting more, not less, power in the hands of ordinary people. And all those concerned about right wing judges being appointed are not following what the judges who were appointed in the past have been deciding -- to put more and more power in the hands of the people. So, maybe, it is not too foolish to hope that someday in cases like these, Klindt will be joined by someone who will be tasked with being sure that what is learned from a particular case is implemented into procedures by the police department, or any department, so harms can not come from those particular and general ways again. Kudos, Mr. Klindt. Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Thursday, November 14, 2002 3:55 PM To: update@nacole.org Subject: [NACOLE Update] Cincinnati Board set to review po[ice actions Thursday, November 14, 2002 Citizen Complaint Authority set to review police actions By Gregory Korte The Cincinnati Enquirer There were no TV cameras, no sharply delivered sound bites and no billing controversies when members of Cincinnati's new Citizen Complaint Authority took the oath of office Wednesday. Their pay will be $100 biweekly - as opposed to the $100 an hour that the court-appointed monitor was billing the city. But city officials say the Citizen Complaint Authority is just as important to police reforms as Dr. Alan Kalmanoff's successor. "That's the story. The complaint authority, the progress we're making on implementation," said Councilman David Pepper, one of three council members who helped negotiate the collaborative agreement on racial profiling. "The collaborative is not about the monitor. If the monitor is on the front page every week, we're failing." Unlike the monitor, the Citizen Complaint Authority is intended to be a permanent layer of oversight for the Cincinnati Police Department. Seven trained board members, with a staff of full-time investigators, will hear complaints of police misconduct, identify trends and make reco~endations to the city manager. The new body replaces and combines the Citizens Police Review Panel and the Office of Municipal Investigation, which critics said were ineffective. "Today is another milestone, because it shows that the city can be responsible and flexible and change with the times," City Manager Valerie Lemmie said before administering the oath (and hugs) to the seven board members in a simple, 10-minute ceremony at City Hall. Mayor Charlie Luken appointed the board members in June from among 143 applicants. They are Walter T. Bowers II, Sandra A. Butler, John Eby, Marta Camille Anderson Haamid, Nancy J. Minson, Richard D. Siegel and Justin Wolterman. Ms. Minson, a holdover from the Citizens Police Review Panel, will serve as chairwoman. The board will hold its first official meeting Jan. 6. By then, Ms. Lemmie will hire an executive director from the nearly 100 applications she's received. Ms. Lemmie promised that the authority would be allowed to supervise the director as a semi-autonomous, independent agency of city government. E-mail gkorEe@enquirer.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn.^nderson@phila.gov Sent: Thursday, November 14, 2002 3:57 PM To: update@nacole.org Subject: [NACOLE Update] Chicago III - Part-Time Cop fired IN THE NEWS: Wednesday, November 13, 2002 Part-Time Cop Fired, 2d Questioned By TODD WESSELL Managing Editor The Cook County State's Attorney's Public Integrity Unit has joined the Park Ridge and Chicago police departments in their investigation into an alleged robbery of a woman in Park Ridge on Monday, Nov. 4 that may have involved two Rosemont police officers. As of early this week, one of the Village of Rosemont employees, Vinni Dymon, 32, of the 200 block of Acorn Dr., Streamwood, a part-time auxiliary police officer, has been charged. The other Rosemont officer, believed to be a veteran of the force, has not been charged, even though according to Park Ridge police, he allegedly "assisted" Dymon "in searching the victim's purse and automobile." Also, Dymon, according to reports, was fired from his Rosemont job last Friday. A Park Ridge police report said that on Tuesday, Nov. 5 at about 9 p.m., detectives from the Chicago Police Dept., Area 5, notified the Park Ridge Police Dept. that an alleged robbery had occurred on Nov. 4 at about 7 p.m. The robbery was reported to the Chicago Police on Nov. 5 at about 5 p.m. When the crime was reported to Chicago, it was reported to have occurred in the parking lot of a food store at 5500 N. Cumberland in Chicago. Police, however, learned through investigation, that the robbery had occurred in the parking lot of the Dominick's food store at 1900 S. Cumberland in Park Ridge, across from Chicago. According to Park Ridge police, a 30-year-old female Chicago resident said that while she was sitting in her vehicle in the Dominick's parking lot on Cumberland, a male, white subject approached her, opened her driver's door and said, "Police, empty your pockets and give me your purse." She was also asked, "Where is the gun and drugs?", said the report. A second white suspect also appeared and assisted the first suspect in searching the victim's purse and automobile," said police. The victim told police that a large amount of U.S. currency and her driver's license were stolen during the incident. When the Park Ridge police were initially notified, it was learned that the Chicago police had two suspects in custody regarding the incident. At that point, Park Ridge detectives went to the Chicago Police Dept. Area 5 headquarters to assist in the investigation. It ! was decided that the two suspects would be turned over to the Park Ridge Police Dept. and the investigation would be a concurrent one by the Park Ridge Police and Chicago Police departments. Dymon was charged with one count of robbery, one count of intimidation, and two counts of official misconduct. His bond was set at $20,000 and Dymon has a court date of Nov. 20 at 1:30 p.m. in Skokie. AS for the second person, he was released, said the Park Ridge report. Attempts by the Journal this week to reach Rosemont police officials for elaboration were unsuccessful, although it's believed that an internal investigation is underway. An employee of the Cook County State's Attorney's office confirmed that an investigation into the matter has been launched by its Public Integrity Unit. However, an official spokesperson refused comment. Park Ridge Police Deputy Chief Tom Swoboda said the second suspect may be charged in the future depending on the outcome of the investigation. While he confirmed that the second individual suspected of being involved is a Rosemont officer, he declined to state the person's name or rank. Sources within the Park Ridge police have told the Journal that when the details of the investigation began te unfold early last Thursday morning, Nov. 6, police officers were ordered not to ask questions. Police Chief Jeff Caudill was seen inside the police station as early as about 4 a.m. that day. One report stated that the second individual is a 19-year veteran of the Rosemont Police Dept., however, that could not be confirmed. It's believed that individual has been placed on administrative leave from the department. Swoboda told the Journal Tuesday that neither of the police officers were in uniform at the time. He said he had no information to indicate whether either of the men displayed a gun or badge. Swoboda also stated that he did not know whether the men were in an undercover Rosemont police car at the time. Once Park Ridge police officers picked up Dymon and the other man, they were brought back te the Park Ridge police station where they were placed in holding cells. A manager at the Dominick's told the Journal Monday that it was his understanding that police viewed one of the food store's surveillance tapes of the parking lot area, but that "they found nothing." Part-time Rosemont auxiliary officers are only allowed to identify themselves as a police officer while working crowd control and traffic control at Rosemont locations. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Thursday, November 14, 2002 4:05 PM To: update@nacole,org Subject: [NACOLE Update] Aurora CO - Review Board issues first opinion Aurora police review board issues first decision By:The Aurora Sentinel November 12, 2002 A police review board modeled after one in Phoenix has issued its first reco~[~endation: a 25-day suspension for an officer who shot and wounded a suspect. The recommendation made last week was a first for the city and uncommon among large police departments in Colorado. Only Westminster has a similar citizen-review process. Denver, which has designed a disciplinary review board similar to Aurora's, has yet to use its program. The il-month-eld review board is made up of two superior officers, two peer officers and two residents randomly chosen from Citizens Police Academy graduates. ''In the old way, the chief was solely responsible. Now he gets help in this process from a review board that includes citizen involvement,'' said Lt. Terry Brown, who designed the program with the officers' union and lawyers. The board's recommendation is sent to the police chief, who can deny or modify it. The officer can still appeal te the Civil Service Commission. ''This way, citizens have insight to how internal affairs are argued or meted out,'' said Joanne Hallett, one of civilian board members. ''And we can help eliminate the good-old-boy system to keep the process fair and honest.'' Reader Opinions Name: VERNE Date: Nov, 13 2002 WHY DOES AN OFFICER WHO GETS CLEARED BY THE ARAP. CO. D.A(MEANING HE WAS JUSTIFIED IN USING DEADLY FORCE) GET A 25 DAY SUSPENSION? HE EITHER WAS OR WASN'T JUSTIFIED, THERE IS NO IN BETWEEN. THE COMMENT FROM JOANN ABOUT ELIMINATING THE "GOOD OL' BOY SYSTEM", AND TO KEEP THE PROCESS "FAIR AND HONEST" SUGGEST THAT IN THE OVER 100 YEAR HISTORY OF THE DEPT. IT HAS NEVER BEEN FAIR BEFORE. HOW WOULD YOU LIKE TO LOSE A MONTHS SALARY, AFTER BEING INVESTIGATED BY YOUR DEPARTMENT, AND THE D.A. AND BEING CLEARED OF ALL WRONG DOING? Update mailing list 2 Update~nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: P[ttinger, Beth [Beth,Pittinger@city. pittsburgh.pa.us] Sent: Friday, November 15, 2002 8:49 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pgh COP Debate Citizens debate dissolution of COP program by Andy Mulkerin * Wednesday November 13, 2002 at 10:51 PM arm58@pitt.edu Citizens debate Police Chief Robert McNeilly's plan to do away with the Community Oriented Policing program in its current form. Citizens of the City of Pittsburgh expressed their feelings Tuesday evening, November 12, on a move that police chief Robert McNeilly plans to make regarding the restructuring of Community Oriented Policing (COP) in the department. The public meeting, held in the city council chambers, was convened by the Citizen Police Review Board after they heard about the change, which McNeilly has already set to take place in January. The change takes away the title "Coinmunity Oriented Police" and removes COP supervisors from their position, putting the COP officers directly under the authority of the zone con~anders. McNeilly opened the meeting with his remarks on the subject, in which he likened himself to a football coach. He explained that if a coach decides to run the ball, the receivers will be angry, and if he decides to pass, the running back will be upset. Likewise, he says, he as a police chief must make policy decisions, all of which will please some people and upset others. He emphasized that in his opinion, the move will strengthen coiTm~unity policing by doing away with the idea that certain officers are cor~lunity police ("Officer Friendly") while others are law enforcers {"the long arm of the law"). McNeilly said that while he hadn't called any public meetings on the subject of the COP reorganization, "we do listen to the public." He said the department gets plenty of feedback, both good and bad, from individuals in the community all the time. When asked by Marsha Hinton, chair of the review board, McNeilly said he would take into consideration the comments made by members of the community at the meeting. Presenting another case was Dr. Louis Mayo, Ph.D., a police management consultant from Alexandria, VA. Mayo offered his critique of the way most police departments are run, arguing that in order to be effective, police must take a much more holistic approach to their work. He pointed out many common misconceptions about policework, most notably that "police are not generally in the crime business .... meaning that most of the work officers do is not related to crimes that have been co~nitted at all. He also pointed out that the two biggest stressors among the police population are conflicting policies at work and boredom. He said that core, unity oriented policing addresses all the problems that he listed. Mayo also pointed out that community oriented policing reduces the number of calls to police dispatchers because citizens are comfortable with addressing non-emergency matters directly toward their own community police officers. ! Mayo emphasized that core, unity-oriented policing does not refer to a single arm of a police department that is responsible for community matters- a point that didn't conflict with McNeilly's plan. Most of Mayo's discussion of the plan was not critical of the change in structure in the COP program; rather, he focused on the structure of the department as a whole, arguing that steps need to be taken to make the entire department ce~l~unity-oriented-- steps that he didn't see in the Pittsburgh plan. Mayo's vision for co~munity policing includes three integral parts: decentralization of cor~and, participatory decision-making in the department, and geographic "teams" that get te know their constituents personally. Citizens from Marshal-Shadeland, the East End, Brookline and Knoxville, among others, made statements regarding the proposed changes to the program. Yvona Smith, principal of Lemington Elementary School, strongly criticized the move, demanding to know how it was determined that changes were needed in the program, since there were no public hearings held on the subject. McNeilly responded that the department gets constant feedback from the con~nunity, and that they get "mixed messages" about the COP program. "What evaluating tool are you utilizing to determine unilaterally whether or not the program is working?" Smith asked, rephrasing her question. McNeilly relpied that he never said that the program was not working, only that the structure put some officers in a friendly position with the co~lunity and others in an antagonistic position. He said that they could not poll every resident of the city on the matter anyway. Joe Brown, of the Brightwood Civic Group, said that "it seems this is a done deal." But he insisted that there needs to be more community involvment among police and that the matter can't end with January. He noted that the COP officer in his neighborhood of Marshall-Shadeland "does an excellent job," and that he believes the chief is "jumping the gun" by taking this action without public comment. Harry Liller said that the community wants COP, and that the city should spend more money on this program rather than hiring police to "help the rich people get back out of town after the Steelers and Penguins games." As the meeting reached its crescendo, board members, most notably Rev. Johnnie Monroe, questioned McNeilly as to what would happen with the current COP officers in January when the COP program as it exists now is ended. McNeilly said that the zone co~nanders are responsible for assigning officers to their sectors, and he could not guarantee that a COP officer from a given area would end up back in that neighborhood. Smith then spoke again, asserting that if the COP officers left the communities where they had been assigned previously, all the relationship building that she felt was the most important achievement of COP would "go down the hole." Monroe also questioned the idea that the officers who will work most closely with the con~nunity once COP is dissolved will be "Community Problem Solving Officers .... a name that he noted has a much more negative 2 connotation. The record remains epen for written comments until next Tuesday, November 19 at 5:00 pm. They can be written and directed te the Citizen Pelice Review Beard, 815 Fifth Avenue, Suite 400, Pittsburgh PA 15219. The CPRB's phene number is 412-765-8023. They can be reached by fax at 412-765-8059. www.indypgh.org Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Page 1 of 2 Marian Karr From: Suelqq@ao[com Sent: Friday, November 15, 2002 9:46 AM To: Update@NACOLE.org Subject: [NACOLE Update] LAPD Chief Bratton Wants 12 000 Cops (a 30%+ Increase) http://www !atimes,com/news/!ocal/la-me-bratton 15nov15.0.6678928 story?co!!=!a%2Dheadlines%2Dcaliforn ia LAPD Chief Wants 12,000 Officers Bratton tells business leaders a 30% increase would be an investment in better public safety. By Megan Garvey LA Times Staff Writer November 15 2002 Los Angeles Police Chief William J. Bratton said Thursday that the city needs a minimum of 12,000 police officers -- an increase of more than 30% over the size of the current force -- to properly patrol the streets. "Shame on Los Angeles," Bratton told Los Angeles Chamber of Commerce board members gathered for a luncheon meeting. "You only have 9,000 cops and a lot of your issues have been a reluctance to invest -- and I use that word strongly -- invest in public safety." The hiring and training of each new LAPD officer costs about $100,000, mayoral aides said, putting an initial price tag of more than $300 million on Bratton's vision. Although the new chief has repeatedly said the force is too small, he also said in taking the job that he could make major strides in fighting crime without any additional hires. On the day after he was chosen for the chief's post last month, Bratton said that the city's budget crunch made resources scarce and that increasing the force, even to the already-authorized level of 10,000, would not be possible in the short term. His statement Thursday was the first in which Bratton has cited a specific figure that he considers the appropriate number of officers for the city. A spokesman for Mayor James K. Hahn said that the mayor agrees "with the chief that we need more cops on the street." "The mayor also believes, and the chief clearly agrees with him, that the city can do a much, much better job policing the streets with the current force than we have been doing," said Deputy Mayor Matt Middlebrook. Additional money for hiring may be found through cuts in existing programs, Middlebrook said. He said city officials also plan to turn to Sacramento and Washington for crime-fighting assistance. Still, the chief's comments prompted incredulity among some City Council staffers, who emphasized that the city's serious budget shortfall would make any mass hiring unlikely. Bratton told the business leaders Thursday that a major investment in local policing would more than pay for itself. "Give us a couple of hundred of million more for the nuts and bolts and it won't be a couple of hundred million back -- it will be billions," he said. Bratton, who served as New York City's police commissioner in the mid-1990s, compared the potential of downtown Los Angeles with the renaissance of Lower Manhattan neighborhoods, such as Wall Street and Chinatown. "New York's investment in police -- look at how that paid off," Bratton said. 11/18/02 Page 2 of 2 When he was sworn in to head the LAPD, Bratton said staffing of the police force -- which at about one officer per 400 residents has one of the lowest ratios among the nation's big cities -- needed to evaluated. Only recently has the department reversed a trend that had more sworn officers leaving the department than joining. Bratton said he needs as many officers on the street as possible to implement the brand of community policing that tries to reduce serious crimes by stopping petty offenses. "1 think for him to do what he wants to do [12,000] is a reasonable number," said Joe Domanick, a senior fellow at USC's Annenberg School Institute and author of a history of the LAPD. "He doesn't just want to do the old -- relying on patrol cars and reacting to things." Bratton told the several dozen business leaders that he plans to "reduce crime, reduce disorder and reduce fear." He warned that the perception of danger "is as bad as the reality." "Unfortunately, we will end this year with the most murders of any city in the nation," he said. "New York City will probably have fewer murders, despite having twice as many residents." While overall murders are down significantly nationwide from peaks in the early 1990s, Los Angeles in recent years has failed to match the declines seen in many other major cities. Through late October, the NYPD reported 451 homicides in a city of more than 8 million, down about 10% from the previous year. The LAPD reported 556 homicides as of Nov. 2 in a city of about 3.7 million, up about 10% from last year. Comparing gang violence in Los Angeles to a cancer, Bratton said it may take some time to determine the appropriate dose of radiation and chemotherapy. "If you wouldn't beef this department up in times of crisis," Bratton said, "maybe you will do it with a success stow." If you want other stories on this topic, search the Archives at latimes.com/archives. For information about reprinting this article, go to www.lats corn/rights. 11/18/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Friday, November 15, 2002 9:51 AM To: Update@NACOLE.org Subject: [NACOLE Update] Southern Cai: Orange Co Courts in Dilemma on Opening Police Reports h ttp;//www.latimes,com/news/!ocal/orange/la-me-reportsl 5nov15,0,7677145~story?coll=!a%2Deditions%2 Do range THE REGION Courts Caught in Dilemma on Opening Police Reports Making them public is practicing open government, but victim and witness safety is an issue. Orange County is a stormy test case. By Stuart Pfeifer LA Times Staff Writer November 15 2002 In a showdown that pits open government against privacy concerns, courts throughout California are grappling over whether to open police reports to the public after prosecutors file them in court. News outlets and open-government advocates argue that once a judge sees a police report, the document should become public, available to anyone. Police and prosecutors, wanting the reports kept under wraps, say opening them to public view would jeopardize the safety of crime victims and witnesses. The debate has occurred in courthouses from Los Angeles to Oakland and is now the subject ora heated dispute in Orange County. In a victory for the news media, Orange County's presiding judge, Frederick P. Horn, ruled recently that any police report submitted to the court will be available to the public. Orange County Dist. Atty. Tony Rackauckas responded to the new policy by vowing to stop filing police reports with all criminal cases -- thereby keeping them from the public. Defense lawyers in Orange County predict that the district attorney's actions will bring plea bargains to a halt and force some defendants to spend unwarranted time in jail. Until Horn's policy took effect Nov. 1, Orange County court clerks had placed all police reports in sealed envelopes and refused to allow the public to view them. Only judges, defense lawyers and prosecutors were given access. News outlets have argued for several years that courts are required to make police reports public once they are submitted in court. Horn agreed to change the policy after an opinion he requested from the state Judicial Council concluded that the reports should be public, said Alan Slater, executive officer for the Orange County Superior Court. Court officials in Alameda County made a similar change to open up police records after they received a similar opinion from the Judicial Council. The decisions have won applause from open-government advocates, who say case law is clear that court records are public documents. They argue that making the reports available to all won't increase the risks to witnesses or victims because defendants already have access to the documents through the discovery process before trials. "Why would you give somebody [who is] charged with a crime information that's not being given to the public? Who is being protected?" said Richard McKee, president of the California 1st Amendment Coalition. "We rely on checks and balances. How can the people make a determination that the system is operating fairly if they have no information?" 11/18/02 Page 2 of 2 But law enforcement officials respond that opening up the police files, which contain the statements and addresses of witnesses and victims, isn't worth the risks. "It would create a lot of problems for a lot of innocent people," said Fullerton Police Chief Patrick McKinley. "It's a delicate balance, the right of society to know and the right of privacy. We're struggling with that all the time." In Los Angeles County, court officials so far have refused to make the reports public. But officials are in the process of reconsidering the policy and will soon be inviting comment from prosecutors and others, said Robert A. Dukes, assistant presiding judge for Los Angeles County Superior Court. Court officials in Alameda County make police reports public when prosecutors file them. In San Diego County, the practice varies from court to court. Some judges review the reports, then return them to prosecutors, who do not make them available to the public. In other courts, the reports are kept out of case files. Rackauckas, Orange County's district attorney, said in a letter to Judge Horn that he hopes the state Legislature will enact a law keeping police reports private. In the meantime, Rackauckas said, his prosecutors will now send judges a recommended sentence in writing but not a police report. Rackauckas' plan does not sit well with some Orange County defense attorneys. Because defense attorneys have traditionally relied on police reports to help determine plea offers, critics say Rackauckas' new system will cause big delays. "No lawyer is going to plead a client guilty without the police report, or rely on the recommendation of the prosecution," said attorney John Barnett, a prominent criminal defense lawyer. "1 think it's going to be challenged, and it's going to create a huge backlog and a mess unnecessarily, and I don't know for what good goal. The reasoning escapes me." Rackauckas declined to comment. Court officials are anxiously waiting to see how things go, with Horn's decision and Rackauckas' response. 'Tm not ready to push the panic button," Slater said. "Any change, it takes a while to get used to it. So the first few days can be ragged." 11/18/02 Page 1 of 1 Marian Karr From: Mark Schlosberg [MSchlosberg@aclunc.org] Sent: Friday, November 15, 2002 12:07 PM To: 'Suelqq@aol.com' Subject: question Sue, I had a question I wanted to send out to the list -- We are looking for examples from different departments that have limitations on consent searches. Either (1) outright prohibitions, (2) a requirement that officers cannot ask consent to search without reasonable suspicion, or (3) requirements that officers notify complainants of their right to refuse consent to search prior to asking. If anyone knows of any examples, please let me know. Thanks a lot, Mark 11/18/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Friday, November 15, 2002 12:47 PM To: Update@NACOLE.org Subject: [NACOLE Update] San Francisco PD Acts on Racial Profiling S.F. acts on racial profiling Henry K, Lee, Chronicle Staff Writer Friday, November 15, 2002 ©2002 San Francisco Chronicle URL: h~//sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/1 '1/15/BA'135075DTL A month after the American Civil Liberties Union accused San Francisco police of engaging in racial profiling, the Police Department has agreed to provide monthly reports on traffic stops and consider barring officers from asking motorists who aren't suspected of a crime to let their cars be search ed. The department also agreed to broaden its definition of racial profiling to acknowledge that race should not be a factor when officers decide whether to stop a motorist, unless they're looking for a suspect with a specific description. Until now, officers have been told not to rely on race as the only factor. At a Police Commission meeting Wednesday night, Police Chief Earl Sanders said the department would keep track of all its traffic stops. Officers will note the race, age and sex of the person stopped and the location and reason for the stop. They will also log how the stop was resolved, whether a search was conducted, what was found and whether the person stopped was on 3robation or parole. Sanders said he had also set up a hot line -- (415) 553-793 3 -- for those who believe they have been unjustly stopped by police. Mark Schlosberg, police practices policy director of the ACLU in San Francisco, praised the new measures. "The commission took some very significant action to address the issue of racial profiling," Schlosberg said. He said he hoped the department would bar officers from asking motorists who aren't suspected of a crime to consent to a search of their cars. Police officials will discuss the possibility next month. In October, the ACLU issued a report, based on a year of San Francisco police data, that said black motorists were being targeted far beyond their numbers in the city population and that blacks and Latinos were searched far more frequently, after being stopped, than white drivers. The commission did not appoint an independent auditor Wednesday to look at police stops, as the ACLU had advocated. The ACLU's study echoed findings reported in The Chronicle in May that were based on three months' worth of department data collected by the Police Commission. "1 think it established pretty clearly that San Francisco has a problem with racial profiling," said Jeff Adachi, who will become San Francisco ~ublic defender in January. E-mail Henry K. Lee at hlee@sfchronicle, com. 11/l 8/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Sunday, November 17, 2002 2:43 PM To: Update@N^COLE.org Subject: [NACOLE Update] NJ: Convicted Cop Hired as Jail Worker N Jersey: Convicted cop hired as jail worker Thursday, November 14, 2002By JOSH GOHLKE Staff Writer Casper Morelli, a former Paterson policeman who was paroled from the Passaic County JaiJ in 1995, has returned as an employee. Morelli, who was convicted of taking bribes to protect a mob-connected gambling operation, was hired by the Passaic County Sheriff's Department this summer to work a civilian job that pays about $21,000 a year, county records show. Morelli works as a carpenter in the jail workshop and has performed his duties so well that he is being considered for a promotion, according to a spokesman for Sheriff Jerry Speziale. "The sheriff is extremeJy impressed with his work ethic and feels he's the best worker in the shop," said the spokesman, William Maer. "His conviction was over a decade ago, and he's paid his debt to society." Maer added that Speziale, a Democrat who took office Jan. 1, is replacing officers in the workshop with civilian employees who will cost the county less money. He said the hire was in line with the jail's mission of rehabilitation. Attempts to reach Morelli at the department and his home Wednesday afternoon were unsuccessful. Although some sheriff's officers said privately that they were surprised at the return of the former inmate, Maer said Morelli's detractors are probably less capable workers who are jealous of the ex-convict. Speziale has repeatedly vowed to show no tolerance for "criminals with badges," and he has forced or encouraged several terminations based on misconduct charges. After a three-week trial in 1991, a jury found Morelli, a vice detective, and Raymond Zdanis, a lieutenant, guilty of conspiracy, official misconduct, and bribery. The officers were accused of accepting weekly payments of up to $500 to protect an illegal gambling racket involving keno and video poker machines in city bars, restaurants, and stores. Defense attorneys argued that the defendants had been unfairly entrapped by state authorities and a business owner who secretly recorded them on tape. A tape played at the trial captured a state informant paying a bribe to Morelli with $100 bills in a McDonald's parking lot. Morelli was sentenced to seven years in prison. He reported to the Passaic County Jail to begin serving his time in February 1994, after an appeal failed, and was released on parole in June 1995, according to the state Department of Corrections. His parole ended in January 1999. Morelli, now 66, joined the Paterson police in 1963, and he received a series of commendations for rescues and other feats. In 1976, he and five others were indicted for allegedly participating in a coverup of a raid on a poker game. That charge, however, was ultimately dismissed. 11/18/02 Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Sunday, November 17, 2002 2:43 PM To: Update@NACOLE.org Subject: [NACOLE Update] LA Chief Bratton 1. Targets South LA; 2. His Call for New Hires Creates Stir POLICING LOS ANGELES His Target: Crime in South L.A. By Andrew Blan kstein LA Times Staff Writer November 16 2002 Vowing to strike at crime where it is most prevalent, Los Angeles Police Chief William J. Bratton is planning to unleash a sustained crackdown on gang-related violence in South Los Angeles, aides said Friday. Bratton called a meeting of top commanders Wednesday to develop a long-term strategy for dealing with growing concerns about the explosion in violent crimes, specifically homicides in three of the four divisions that make up the LAPD's South Bureau -- 77th Street, Southeast and Southwest. Collectively, 227 of the 570 homicides citywide this year have occurred in those three divisions -- about 40% of the homicide total in the city's '18 police divisions, according to department statistics. In the short term, the initiative is expected to include deployment of crime-suppression officers from the LAPD's elite Metropolitan Division. Future efforts would include further coordination with federal, state and county law enforcement agencies, department officials said. Bratton will discuss his plans and hear from residents at a meeting this morning with a neighborhood safety council in the Crenshaw district, which is represented by Los Angeles City Councilman and Assemblyman-elect Mark Ridley-Thomas. "We'll take our time doing this and make sure it's done right," Bratton said Friday affernoon. "We can't allow the horrendous violence that's taking so many lives and causing so much fear." Since his selection as chief, Bratton has emphasized that long-term solutions to crime must include community involvement. But in waging a battle against violent crime in South Los Angeles, Bratton confronts a complex and emotional history epitomized by the aggressive anti-gang initiatives of former LAPD Chief Daryl F. Gates, Ridley-Thomas said. While many residents in the area have begged for a tougher stance against street gangs and vandalism, they have also bristled at past policing methods that they perceived as brutal, racist and dismissive of civil rights. Gates flooded South-Central streets with officers in Operation Hammer, which targeted gang members but swept up many innocent residents. Incidents under Gates included the infamous '1988 Dalton Avenue drug raid in which LAPD officers smashed furniture, slashed sofas and punched holes in the walls of apartments. "You have to know the history and you have to build up goodwill," Ridley-Thomas said. "The difficulty is that Bratton remains an unknown [here], and until he displays what kind of chief he is going to be, there's a risk involved in any high- profile or heavy-duty tactics. "Because police work is imprecise, there will be the predictable mistakes made and there will certainly be problems with officers who violate people's rights. He must be on hand to deal with those issues." For his part, Bratton said Friday that he is mindful of the community's sensitivity and does not intend "to send in the cavalry." He said he intends to institute assertive, rather than aggressive, policing that emphasizes respect for civil rights. The paradox, Bratton said, is that community residents "want strong police, visible policing, but they don't want racial profiling and policing that's not constitutional. We're committed to that. We can build a trust between the officers and the community." Bratton has also promised to communicate closely with community leaders and said last month that he was devising a 11/18/02 Page 2 of 3 system to quickly notify them in case of any problems. The chief has stopped short of committing to an overall deployment plan for the area, saying he must first conduct a top-to-bottom review of the department that takes into account the specific jobs and placement of each officer. Bratton also said he is waiting for the implementation of his Compstat computer system, which will allow him to track and attack crime in real time. "Our goal is to provide police services to all the communities in the city of Los Angeles," LAPD spokesman Lt. Horace Frank said. "Clearly there are some that will require more resources than others. We'll make those decisions to deploy personnel based on the needs." h ttp;//www !atimes com/news/!oca!/!a-me~copsl 6nov16001445,0,4293014. sto ry?co!!:ia%2 Dh ead!ines%2 Dca!iforn ia POLICING LOS ANGELES Call for New Hires Creates Stir Bratton's pitch to grow department to 12,000 officers challenges city leaders to take action, observers say. Goal faces tough obstacles. By Megan Garvey and Beth Shuster LA Times Staff Writers November 16 2002 Los Angeles Police Chief William J. Bratton, asked again this week to say how big the department should be, finally had an answer: "12,000 minimum." The new chiefs declaration sent mayoral aides scrambling and created a stir at City Hall. Bratton's "minimum" represents a more than 30% increase in the 9,000-member force and is 1,500 more than the highest level authorized by the city. Such a large jump in sworn officers raised questions: How would they find enough qualified recruits? And how could the city pay for them? Bratton said Friday that he was not making a demand when he mentioned the 12,000 number to members of the Los Angeles Chamber of Commerce. In fact, he had not discussed any specific numbers with his bosses, Mayor James K Hahn and Police Commission President Rick Caruso. But Bratton's move showed moxie, said Bill Wardlaw, one of Hahn's political advisors. The new chief made his pitch to top businesspeople with some influence at City Hall. "1 do think it was a very shrewd thing on his part," Wardlaw said. "He's now focused everybody, challenging them in a positive, not a negative, way." Bratton, sworn in last month, was chosen by the mayor in large part because he promised he could reduce crime without new hires. "He has told me he can bring down crime," Hahn said Friday. "He has said it is doable." Bratton never said he was satisfied with the size of the Los Angeles Police Department, which at one officer par 400 residents has one of the worst ratios among the nation's big cities. "Clearly the city needs more; it always has needed more," he said Friday, when reporters pushed him to clarify his statements from the day before. "But the reality with the budget situation right now -- wa'Ii go with 9,000." In the past, the former New York police commissioner has said the time to push for new resources is within the first six months of being hired. But Bratton reiterated his commitment Friday to "make do" with the force he inherited after presiding over his first LAPD graduation ceremony. "i'm a team player. This city does not have the money at this particular time," Bratton said. "If we prove what we can do, l 1/18/02 Page 3 of 3 maybe at some point we'll be able to go back to the voters and say 'Give us more and we'll do more.'" "But," he said with a shrug, "we have what we have." Hahn said Friday ha will wait to review Bratton's promised top-to-bottom LAPD analysis before approving new hims, which cost tha city $100,000 per recruit. Hirin§ enough new officers to fill a 12,000-stren§ LAPD would cost an estimated $300 million, city officials said. The mayor cautioned that cost as well as difficulty recruiting qualified men and women pose obstacles. "1 think the difficult thing right now is we need our revenue picture to improve before we can really talk about that," Hahn said. "And, you still have the issue of recruitment." The mayor pointed out that the LAPD only recently has been able to fill police academy classes. Bratton's 12,000 response at first stunned City Hall. "1 was wondering what he was thinking," said City Controller Laura Chick, who previously served as head of the City Council's Public Safety Committee. "But then I realized that he's setting the stage. He's being a truth-teller and sending a message to the decision-makers in the city." Police Commission President Caruso said that he believed there will be commission support for more officers. At minimum, Caruso said, the City Council should fund enough hires for the 10,500 officers already authorized. '1 think we need to get that done, and it's achievable within 12 months," Caruso said. The ranks of the LAPD could be filled with a combination of new recruits and "bringing back seasoned officers who -- for whatever reason -- in the last couple years left." Los Angeles City Councilman Nick Pacheco, chairman of the Budget and Finance Committee, said Friday he anticipated hard decisions ahead. "If Chief Brat[on starts delivering on his promises to improve policing, we're going to have to make tough choices between more officers and library hours and other programs," Pacheco said. Bratton said Friday he meant no offense when he told Chamber of Commerce members: "Shame on Los Angeles" for failing to increase the size of the police force during the late 1990s, when the city enjoyed a budget surplus. "In some respects, [L.A.] took great pride in the fact that they were doing it with less," Bratton said. "Doing it with less has a lot of ramifications." Former L.A. Mayor Richard Riordan, who was elected largely on a promise to build the LAPD from 7,000 to 10,000 officers, said Friday he backed Bratton. "My theory is you never look back. You accept what problems you have and you move forward," Riordan said. He credited a strong economy and police scandals with dampening recruiting efforts, keeping him short of his 10,000 goal. "Being a police officer is a tough life," Riordan said, "and somehow or another Bratton has got to use his popularity to help people understand that." Riordan said he thought that Bratton was clever for putting out a high but reasonable number for the force early on in his tenure. "it's something that has to be said. It should be a goal," he said. "And maybe we'll get to 12,000 five years from now." 11/18/02 Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Sunday, November '17, 2002 2:43 PM To: Update@NACOLE.org Subject: [NACOLE Update] Supreme Ct Won't Review Wis Assault [& Coerced Statement] Case November '12, 2002 Court Won't Review Wis. Assault Case By GINA HOLLAND ASSOCIATED PRESS WASHINGTON- The Supreme Court refused Tuesday to review police methods in getting a teenage girl to confess to having sex with an older man who got her pregnant during a yearlong road trip. The man wanted the court to consider if the girl's statement was coerced and therefore could not have been used at his trial. Stanley A. Samuel was 47 when he befriended the then-15-year-old 9itl in Wisconsin. She claimed that her parents kicked her out of the family's house, so she and Samuel went on the road. Police contend he took her away. They were caught at a roadblock in Missouri in 1997, one day before the girl went into labor. Samuel was convicted of second-degree sexual assault, which includes sex with a minor under age 16. But the girl claims the two had a non-sexual relationship until she turned 16. She told police another story after her baby was put into foster care. She testified that she lied to police to get her daughter back, saying the sex began when she was 15. "The actions of state agents preying upon the maternal instincts of a mother by taking or threatening to take her child pending her 'cooperation' with the police was egregious and unacceptable ... in 1963 and they remain so today," Samuel's attorney, Robert Henak of Milwaukee, wrote in a filing, comparing the case to a 1963 Supreme Court case involving another mother. "A legal standard which allows the state to benefit from its own wrongdoing can only encourage such misconduct," Henak said. Wisconsin lawyers said that the girl was never told she would lose her baby if she didn't incriminate her lover, but that she was pressed to cooperate. An appeals court said that Samuel was entitled to a hearing to determine whether the confession was coerced. The Wisconsin Supreme Court disagreed and said police misconduct must be "egregious" for a court to suppress a witness's statement. The case is Samuel v. Wisconsin, 02-139. --- On the Net: Supreme Court: http:llwww.supreme~ourtus,g~vl Wisconsin Court System: http://www~courts,state~wi.us-- 11/18/02 Page 1 of 1 Marian Kart From: Suelqq@aol.com Sent: Sunday, November 17, 2002 2:43 PM To: Update@NAGOLE.org Subject: [NACOLE Update] Detroit Police Brass Unveil Key Policy CHanties Detroit police brass unveil key policy changes Dealing with deaf or impaired people covered in revisions By Darren A. Nichols and David Grant I The Detroit News DETROIT -- Police officials Thursday night submitted five crucial policy changes to city residents at the police commissioners meeting in the Brightmoor Community Center on the west side. Among the proposed changes are how officers handle situations with deaf and hearing-impaired peopIe, mentally ill and homeless people, domestic violence, car chases and the use of force. Megan Norris, chairwoman of the board of police commissioners, said the changes are a step in the right direction, but the key will be in how the officers carry out the procedures. "A lot of the proof in this pudding is in the implementation," said Norris, who noted that more changes in the rules and regulations that govern how officers do their job is in the works. The commissioners reviewed the first of the five policy changes, but did not vote on the revisions. The changes would establish: I A domestic violence policy that complies with new state laws. ~ A stricter policy on when officers can initiate a police chase. I~i How officers handle mentally ill and homeless people. I i How officers deal with people who are deaf or hearing impaired. I Tighter use of force guidelines, which include no shooting at or from moving vehicles. About 150 people attended the meeting and some said the changes have been a long time coming. "We have waited a long time for these changes," said Ron Scott, a member of the Coalition Against ?oIice Brutality, an activist group. "The bottom line is changes have not come fast enough. It should have happened yesterday." The proposed changes are in response to questionable fatal police shootings and mistreatment of citizens and prisoners. A report by the city council's research division found the city paid $123 million in lawsuits to citizens who aIleged police misconduct over a 13-year period. One of the changes relates to the shooting death of Errol Shaw in 2000. Shaw, who was deaf and could not speak, was shot to death when he threatened officers with a garden rake. Officers ordered him to drop the rake, but he couldn't hear them. A Detroit officer was acquitted of manslaughter in the case. The commission will discuss the proposed changes at its Nov. 21 meeting in police headquarters. You can reach Darren A. Nichols at (313) 222-2396 or dnichols~detnews, corn 11/18/02 Page I of 1 Marian Karr From: Suelqq@aol.com Sent: Sunday, November 17, 2002 2:43 PM To: Update@NACOLE.org Subject: [NACOLE Update] Chicago: Sheriff Plays Down Brutality Law Suits www.suntimes.com http:llw~,suntim~,comlPptput/n~s!cst~n~sher!4,html Cook County Sheriff Sheahan plays down lawsuits over brutality November 14, 2002BY ABDON M. PALLASCH STAFF REPORTER Cook County Sheriff Michael Sheahan was mocked by a county commissioner Wednesday as he tried to downplay the expensive lawsuits the county board must settle when deputies are accused of using excessive force. Sheahan noted that the county has to settle lawsuits filed by patients at Stroger Hospital as well. "We fire people--do they fire doctors?" Sheahan asked Commissioner Mike Quigley."They fire people," Quigley responded"Their mistakes are buried," Sheahan said."You rarely see doctors chasing people down the street with a syringe saying, 'Kill 'em!' 'Kill 'em!'" Quigley said. County officials erupted in laughter and Commissioner Pete SiIvestri interjected, "Unless you have an HMO."Eadier this year, five sheriff's deputies were acquitted of criminal charges, including attempted murder, for chasing a South Side couple for 12 miles and firing shots at them. Sheahan said he has fired or is in the process of trying to fire all five. He has also moved to suspend the jail guard who beat up one of the accused killers in the Brown's Chicken killings."Like all of you, I have been deeply troubled and concerned about a few high-profile incidents over the last year involving misconduct on behalf of sworn officers," Sheahan told the board. "The actions of a few have embarrassed our entire department and I am committed to making changes to try to ensure that these incidents never occur on my watch?But Sheahan also said that Cook County State's Attorney Dick Devine settles too many cases he ought to fight. Sheahan said he often does not know that Devine's office has decided to settle a case that, for instance, unfairly accuses a jail guard of brutality, until prosecutors tell the commission's litigation committee they have decided to settle it. That prompted an angry response from Silvestri and Quigley, the chair and co-chair of the committee, who said Sheahan's representative rarely voices any complaints at the committee. From now on, they will require proof that Devine had sought Sheahan's approval on settlements. Commissioner Eadean Collins asked Sheahan what he was going to do about the issue of officers using excessive force"We had two incidents of excessive force in 3-1/2 years, so that is not an issue as far as I am concerned," Sheahan saidAIso in his defense, Sheahan argued that judges and lawyers don't move cases along quickly enough, which crowds his jail. And he said state officials leave too many inmates at the county jail who should be in state prison.The sheriff's budget is the largest share of the county's $2.9 billion budget, covering the Cook County Jail, the sheriff's police force and the bailiffs at county courts. Sheahan said that as the jail population rises and new courtrooms are added, he must make do with the same number of officers. 1 I/18/O2 Page 1 of 2 Marian Karr From: Malvina Monteiro [mmonteiro@Spike. CI.Cambridge. MA.US] Sent: Monday, November 18, 2002 8:57 AM To: Update@NACOLE.or9 Subject: [NACOLE Update] FW: [GBCRC] man-min sentences, US Atty Today's Globe has the original, longer version of the below AP stow taken from the Globe and now posted on the Herald website. http://www~b~st~n~c~m/dai~yg~be2/32~/metr~/T~ugher-federa~sentences~ushed+~shtm~ Please keep me "posted" as to further "discussion(s)." Marty Rosenthal w 617-742-0606; h 617-738-6621 U.S. attorney seeks longer drug, gun sentences http://www.bostonheral&com/news/local_regional/ap_sent 11162002.btm Associated Press Saturday, November 16, 2002 BOSTON - U.S. Attorney Michael Sullivan has ordered federal prosecutors to seek longer prison terms for defendants convicted of drug and gun offenses - in some cases adding up to 30 years. For drug convictions in particular the move bucks a national trend against lengthy mandatory-minimum sentences, which critics say too harshly punishes indigent, non-violent defendants. Sullivan's "enhancement" policy means a convicted drug dealer's 1 O-year sentence could double if he has a prior drug conviction in state court. This while federal drug sentences have dropped by more than 20 percent in the past decade, according to the U.S. Sentencing Commission. "This is a kind of sea change in the practice of this office," Sullivan told a Boston newspaper. "I think it's important that we use the tools that allow for the most significant punishment." Before Sullivan announced the change internally earlier this year, prosecutors used their discretion when seeking "sentencing enhancements," which are allowed under federal law. They increase the mandatory minimum sentence for drug dealers with previous felony drug convictions. Now, prosecutors are required to deploy the enhancements in every applicable case - no exceptions. "Michael Sullivan sits there knowing that it's politically correct, that it makes for great press for a politician or prosecutor to say no to plea bargaining and to demand enhanced sentences," defense lawyer Kevin Reddington told the paper. Attorney Charles Rankin, who heads a group of court-appointed defense lawyers, said the policy is "appalling." "Indigent defendants are getting hammered by this U.S attorney's office, and it's appalling," Rankin said. "The sentences people are getting are huge and to what end? Just because the government wants to be tough and macho." Sullivan, a former state representative who once challenged U.S. Sen Edward Kennedy, says the move is about common sense - not politics. "This has nothing to do with politics. Any time you make a decision, there will be someone on the sideline who 11/18/02 Page 2 of 2 anonymously will criticize you," he said. "It improves public safety, and beyond that, it sends a message to others." Copyright 2002 Associated Press. Copyright by the Boston Herald To unsubscribe from this group, send an email to: gbcrc-unsubscribe@yahoogroups, com Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. 11/18/02 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 11:28 AM To: update@nacole.org Subject: [NACOLE Update] Knoxville TN area Police Chief, Officers Indicted Police chief ef Vonore, 2 officers indicted Cover-ups of theft, burglary alleged By Jim Balloch, News-Sentinel staff writer November 16, 2002 Arraignments for Vonore Police Chief Warren Husted and two of his officers in connection with the alleged theft of a police radio are set for 9 a.m. Honday in Henroe County Circuit Court. In an unrelated case, Husted will be arraigned on an indictment charging him with preventing prosecution of three minors who were caught breaking into a storage shed. One of the boys is related to Vonore Mayor Fred Tallent. The indictments were returned last week, after an investigation by the Tennessee Bureau of Investigation. "I can tell you" that the charges "are not true," Husted said Friday. "I did not do anything wrong. And if everybody just tells the truth, I will be exonerated." Tallent could not be reached for comment. The indictments on charges of official misconduct center on allegations that Officer Robby Lovingood falsely reported his police radio stolen in December and kept it for his own use and that Husted and Officer Brian Millsaps helped him avoid detection and arrest, said 10th District Assistant Attorney General Bill Reedy. The radio, damaged beyond repair, was recovered by firefighters at a fire scene, Reedy said. He said he could not comment on how or why the radio ended up where it was recovered. "The radio was lost in December, and reported stolen," Husted said. "We found out seven months later that it had not been sto%en. We started our own investigation, but by then TBI had stepped in." Husted said he may release a more detailed statement after his arraignment. Husted said he, Millsaps and Lovingood remain on the job. "Everybody should remember that just because someone is indicted for something, it does not mean they are guilty of anything," he said. The chief said that until the issue is resolved, he has turned many of his administrative duties over to Assistant Chief Butch McConkey. In the incident involving the youths, Husted was riding with Detective Charles Hill when they were dispatched to a "burglary in progress" at a building behind a residence and caught the three boys, ages 10 to 12. Ail three "admitted to breaking the padlock off the building because they wanted to see what was in the building," Hill said in a report of the incident. "Chief Husted was advised by this detective that all three of the boys should be charged with burglary." Husted said he opted to turn the boys over to their families "because of their ages and because I thought it was a minor incident. They did not steal anything, they were just curious. I called a judge's office to get a third opinion. "The judge was not in but I talked to his secretary, explained to her what I had and their ages, and she told me judge does not like see 10-year-old kids with minor offenses in the courtroom" and to handle it "a different way if I could. I have done this before, and I don't know of any parent that would not want it" handled that way "if it were their kid." When the Monroe County Advocate newspaper asked for a report of the incident, the police department provided a copy with the name of the mayor's relative whited out. After Tennessee Press Association attorney Rick Hollow wrote the police department a letter on behalf of the newspaper, the full report was released. The newspaper has not identified the mayor's relative and has no plans to do so, said Editor Jason Reagan. "We sought the record as a matter of principle, and because our job as a newspaper is to serve as the public's watchdog and hold government officials accountable," he said. "The Open Records and Sunshine Laws ought to be inviolate as far as First A/nendment rights go." Many newspapers do not generally identify juvenile offenders by name, but there is no state statute that prohibits that or allows the Vonore Police Department to withhold the full report, Hollow said. Jim Balloch may be reached at 865-342-6315 or balloch@knews.com. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 11:33 AM To: update@nacole.org Subject: [NACOLE Update] Police Recruits face scandals in Oakland CA OAKLAND IN THE CROSS FIRE Recruits ready to roll With community mistrust of police pervasive, academy's latest crop aware of their responsibilities Matthew B. Stannard, Chronicle Staff Writer Sunday, November 17, 2002 ©2002 San Francisco Chronicle. URL: http://www.sfgate.com/cgi-bin/article.cgi?f-/c/a/2002/ll/17/BA42570.DTL Oakland -- One is a former court clerk weary of reading warrants bearing names from his childhood in Oakland. Another is an adrenaline junkie inspired by the fictional FBI agent who tracked down Hannibal Lector. A third is a graduate philosophy student who is drawn to problem-solving on the street, while a fourth trained as a school counselor before a chance encounter changed her mind. They are among two dozen recruits who will graduate Friday to become the newest members of the Oakland Police Department -- one of the first classes to pass through the academy since the department instituted reforms prompted by a series of scandals involving its officers. "Everybody always asks me, 'Why do you want to work in Oakland?~ "said Stephanie Sandoval, 30. "My answer is, 'Oakland is the place that needs me most.' " The recruits harbor few illusions about what they will find on the streets. Homicides are approaching a five-year high, the department has been racked by a series of scandals, and many citizens have a profound distrust of law enforcement officers. At least half a dozen police officers in recent years have been fired or charged with crimes for allegedly lying, hiring prostitutes, having sex with minors or other official misconduct. The most notorious are three officers, who called themselves "the Riders," on trial for charges of beating or framing West Oakland residents. The charges were based on allegations that rookie Officer Keith Bart -- just two weeks out of the police academy himself -- made against his field training officers. Batt resigned, is now a Pleasanton police officer and a frequent, if often unnamed, example in academy classes. "Whatever we taught, it sunk in," said Lt. Jeffrey Loman, the training section cormmander and a third- generation Oakland police officer. "(Bart) is more courageous than anybody I've ever known. But the fact that he couldn't stay, that he didn't feel comfortable staying, means we failed." NO OVERNIGHT CURE Creating a department where such a whistle-blower could feel comfortable is the academy's long-term challenge -- possibly its most important one, in the view of police watchdog groups. Others say it is an impossible goal. "You can teach people the right thing to do, but at the end of the day, it really gets down to supervision and discipline," said attorney John Houston, who represents some of the Riders' alleged victims. "The academy cannot be the solution. If you don't enforce the rules, then what you learn in the academy is meaningless." The reforms instituted by the department nearly quadrupled the number of hours devoted to classes in history, professionalism and ethics to 29.5. The hours devoted to community relations has increased from 14 to 21. The total hours that recruits spend in the academy is now 1,090 -- the state requires 672. Stephanie Sandoval and her classmates began their training six months ago after passing through a battery of background investigations, interviews, mental and physical tests. Only about 1 in 10 candidates is accepted. After that comes classroom and field training in everything from sex crimes to domestic violence, handling bodies to cultural diversity, gang awareness to racial profiling. Plus shooting, driving, self-defense and making arrests. About 1 in 4 trainees flunks, quits or is asked to leave the class. A DELAYED CAREER Most have been planning a career in law enforcement since at least high school, including Edwin Jacala, 39, a native of the Philippines who moved to Oakland as a 12-year-old with his single mother and six siblings. He vividly remembers his junior year at McClymonds High, when a police sergeant responded to a call on campus and hung around for 20 minutes afterward just to chat with him. "He showed interest," Jacala said. "He respected, took the time off, had the ability to communicate with a young person 2 Jacala put police work on hold as he married, raised a family and worked as an Alameda County court clerk. There, he saw children as young as 10 at the defendant's table and the names of talented young men from his high school written on drug warrants. "I said, 'There's got to be something wrong with this,' Jacala recalled. "At the tender age of 10 or 12, they were getting in a heap of trouble. I said, 'There's got to be a way to get them off this track.' Last year, despite friends who called him too idealistic for the job, Jacala joined the academy with a goal of becoming a youth services officer. He will be the oldest student to graduate. "With me, it took only one sergeant," he said. "If I could influence one kid, I'd be a happy person." SEEING HER REFLECTION Sandoval is among the few students who came to police work only recently. As a child, she never imagined becoming an officer -- her family's faith, Jehovah's Witnesses, doesn't believe in carrying guns. When Sandoval moved to Hayward at age 12 to live with her grandparents, the area seemed scary and confusing compared with her quiet hometown of Las Vegas, N.M., with its unpaved streets and almost exclusively Latino population. For years, Sandoval thought she would follow in the footsteps of the kind Mount Eden counselor who helped her during her parents' divorce. But one day, a police sergeant she met through church quietly arranged for her to be invited to a women's recruitment seminar. "I saw all these women of all different shapes and sizes, and I thought, 'I can do this,' "she said. Already, Sandoval feels like she has met her mirror out on the street: a 13- year-old girl whom she encountered on a ride along into Oakland's barrios. "Her eyes were so big, because I spoke Spanish, and I was able to help her family," she said. INSPIRED BY HOLLYWOOD Some recruits are thrill-seekers, including Keri-Beth Reeves, 3 a 31-year-old Hayward native who has tried skydiving, river rafting and bungee jumping. She also fell in love with crime fiction, television shows and movies. She especially liked the ending of 1991's "Silence of the Lambs," when FBI agent Clarice Starling -- played by Jodie Foster -- finally tracks down and shoots a deranged killer in a tense, terrifying scene. "What she was doing was just so exciting," said Reeves, who worked her way through a criminal justice degree as a bartender. "And she was just a petite little thing, not some big guy." After finding that the FBI had a lot of desk work, Reeves opted for Oakland. She found the scary excitement she was looking for on her first ride-along, speeding from call to call through East Oakland. "I want to be the best of the best," Reeves said. "I want to be in the worst area and know I can survive. I want to be the one who's saving the person that just got shot . . . and when that's over, go get the person that shot them." TACKLING REAL-LIFE PROBLEMS There are issue-oriented intellectuals like James Bassett, 28, the son of a UC Santa Barbara professor and an English teacher who studied philosophy at Harvard and is completing his dissertation at UC Berkeley. Bassett's interest in law enforcement began in 1997, when he worked with a gun-control group on legislation to ban junk guns. Part of the job involved networking with police organizations, which led him to try to understand their mentality. "The stereotype is that police officers are lifetime members of the NRA . . but that seemed contradictory with their life experience" of violence on the street, he said. Bassett discovered that police officers didn't fit a stereotype. He was compelled by the tangible experience of street problem-solving, so different from the cloistered world of academia. "I was drawn to the idea of interacting with people whose lives are in disarray, going through moments of trauma, and being there and having the resources and the training to help them out," he said. To most trainees, Oakland is a good department with a reputation damaged by a few rogue officers -- and a level of 4 negative publicity that some see as unfair, although Bassett sees the scrutiny that police scandals receive as a sign ef the importance ef the profession. "They're se important that the mistakes they make, the crimes they commit, the rights they violate, the people they hurt, are news. Because it's such a key part of the con~munity," he said. "The decisions they make can change your entire BELIEF IN THE FUTURE Not all the trainees share Bassett's viewpoint. But all believe that a couple dozen rookies can eventually help restore the department's fairly or unfairly battered reputation. Sandoval tells a story about meeting a homeless woman outside a Hayward grocery store and offering her some food. Inside the store, the woman told Sandoval about her husband in jail, her drug problems and her difficult life. Sandoval listened. Then the woman asked Sandoval what she did for a living. Sandoval answered that she was a trainee in the Oakland Police Academy, causing the woman to shriek at the startled deli clerk wrapping up her order. "She said, 'Oh, my god, this is OPD, and they're buying me breakfast. I can't wait to tell my friends,' " Sandoval recalled. To Sandoval, the experience offers a lesson, both to Oakland police and to their critics. "Everybody talks about how many negative things can happen in Oakland and how many bad things can happen in Oakland. You just have to take it one person at a time," she said. "If you take it one person at a time, you might just change someone's life." E-mail Matthew B. Stannard at mstannard@sfchronicle.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 11:38 AM To: update@nacole,org Subject: IN^COLE Update] MD Court rules Police Files are Public washingtonpost.com Md. Court Rules Police Files Public Post Sought Access to Shooting Records in Prince George's By David S. Fallis Washington Post Staff Writer Saturday, November 16, 2002; Page B02 Law enforcement records kept secret by Prince George's County police, including files on some police shootings and daily crime logs, must be opened to the public, Maryland's second-highest court ruled Thursday, upholding a lower court ruling in favor of The Washington Post. In a 49-page opinion, the Court of Special Appeals upheld a decision by Prince George's Circuit Court, which ruled that the public was entitled to a wide range of police-related records sought by the newspaper. In its ruling, the appeals court rejected the county's reasons for keeping the records confidential and noted that in some instances county officials issued some of the same information in news releases. The opinion's immediate impact was unclear because it addressed only specific records sought by The Post. But "the court made clear that when the government tries to withhold records, broad assertions will not suffice," said Adam Perlman, of the Washington law firm of Williams & Connolly, which represented the newspaper. "The government must demonstrate specifically why the requested records are exempt from disclosure He said the court ordered release of "virtually all of the records." Prince George's lawyers did not return calls for comment late yesterday. They could petition the Maryland Court of Appeals, the state's highest court, to review the case. The newspaper's information requests, which cited the Maryland Public Information Act, came during a Post investigation into police shootings and in-custody deaths in the county. The investigation found that Prince George's officers shot and killed people during the 1990s at rates that led the nation. Records sought by the newspaper included reports on closed ! investigations into eight police shootings or in-custody deaths, daily summaries of major crimes and a roster of police officers.. The county denied The Post's requests, often saying that the release of information would be "contrary to the public interest." In 2000, The Post sued the county in Prince George's Circuit Court, which last year ruled in the newspaper's favor. County lawyers appealed. The county argued that closed case files on sheetings and in-custody deaths were net public because the files were "investigatory" and their release could endanger the lives of officers and witnesses. The appeals court rejected the argument.. "The county failed to demonstrate that disclosure of the eight closed investigatory files would be contrary to the public interest" and failed to demonstrate that "public harm that might be caused" by doing so, the court ruled. The court, however, said its ruling does not preclude the county from demonstrating that the release of similar files on other shootings or in-custody deaths would be contrary to the public interest. The county refused to release the records of daily crime summaries or commander's information reports, arguing that disclosing them would chill "frank and honest reporting" by police and that the logs may include personnel information. The appeals court, however, rejected the arguments and noted that the county routinely used the logs as the basis for news releases about major crimes. County attorneys had denied The Post's request for a police roster, saying in part that it was a confidential "personnel record." The court rejected that argument, saying the roster did not directly relate to the hiring, discipline and promotion of officers. The court also said that records of closed hearings by the Human Relations Commission, which investigates citizen complaints of police misconduct, are public and rejected the county's argument that an entire database of legal claims filed against county is confidential. The court said any confidentiality must be demonstrated on a record-by-record basis. © 2002 The Washington Post Company Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 2 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 11:40 AM To: update@nacole.org Subject: [NACOLE Update] PittsburghPA- Housing police kill unarmed man pi¢27753 gif pic10383 gif (Embedded image moved to file: pic27753.gif) (Embedded image moved to file: pic10383.gif) Housing police kill man in Hill Shooting stories differ; suspect was unarmed Saturday, November 16, 2002 By Ervin Dyer, Michael A. Fuoco and Cindi Lash, Post-Gazette Staff Writers An unarmed 26-year-old man was shot to death by a Pittsburgh Housing Authority police officer yesterday afternoon at the Bedford Dwellings housing complex in the Hill District. City homicide detectives, who are investigating the shooting, said there are conflicting reports on how Bernard "Bernie" Rogers of Anaheim Street, was killed in the incident, which occurred about 1:30 p.m. Keith Kinard, executive director of the housing authority, said Rogers was shot after he struggled with an officer and tried to take away his gun. The three plainclothes Housing Authority officers involved in the shooting told investigators they observed what they believed was a drug deal in the 2800 block of Bedford Avenue. The officers stopped one of the men but found no contraband on him. They then went into the apartment building to perform a "knock and talk," in which they knocked on doors and talked to the occupants to see if they could find the other man. In a second-floor apartment a woman answered. The housing authority officers told investigators they heard a noise from a back bedroom and one of them went to check. There, the officer told investigators, he found Rogers with his hands in his ! pockets and confronted him. Rogers charged him, knocking him down, the officer reported. Investigators were told that Rogers ran into the living room and knocked another officer over the couch. That officer told investigators he and Rogers struggled and he fired his weapon three times, wounding Rogers. The officer told investigators that Rogers managed to run outside before he collapsed. Witnesses, mostly tenants at Bedford Dwellings, had a completely different version. They say Rogers was coming out of the bathroom when officers entered the apartment without a search warrant. The officers struggled with Rogers, shooting him in the upper shoulder. They then pointed to a knee-high hole in the apartment's living room wall, which they said had been pierced by an officer's bullet. Despite being wounded, Rogers was able to run down the stairs, they say, and officers fired two more shots, striking him in the back. One witness, who refused to give his name but said he was a friend of Rogers, said after Rogers hit the ground, police searched him and one of them said, "[Expletive]. No gun." The man said police found a small bag of marijuana on Rogers. An autopsy by the Allegheny County coroner, scheduled to be performed today, should help clear up some of the confusion. It will be able to say how many times Rogers was shot and, most importantly, from what angle -- whether in the abdomen from the front during a struggle, as the officers contend, or in the back as he ran from police down a staircase, as witnesses told investigators. According to Kinard, Rogers had been the subject of a drug investigation. Kinard said last night that officers struggled with the victim and that Rogers tried to take the officer's gun moments before he was shot. But Kinard confirmed that Rogers was not armed. Friends said last night that Rogers had been stopped by Housing Authority officers in July. They said he had filed complaints. William and Joyce Rogers, the victim's parents, said they don't believe the Housing Authority's account of the shooting and said they did not know him to own or carry a gun. They were angered after hearing he'd been shot in the back while fleeing the apartment, and said they will demand a full investigation. 2 Joyce Rogers said her son had been harassed by housing authority officers who repeatedly stopped and questioned him about drugs when they saw him in public housing neighborhoods. Court records show that Housing Authority police arrested him on April 25, 1999; the records, however, reflect only that he pleaded guilty a year later to a charge of resisting arrest. She claimed that city police, too, had recently been stopping and questioning her son at the request of Housing Authority officers whose jurisdiction doesn't extend outside the city's public housing complexes. That had prompted her son to file a complaint with the city's Office of Municipal Investigation, which investigates allegations of police misconduct. William Rogers said he last spoke to his son Thursday when he dropped by to borrow some tools to work on his apartment. "I asked him if he wanted any help and he said he thought he'd be able to do it," the victim's father said. "He had no problems. I asked him if everything was all right and he said things were fine." Rogers was a quiet, young man, said his sister Bonita. "He was the exact opposite of me. I was always the aggressive one." Rogers graduated from Schenley High School and had spent one year at Indiana University of Pennsylvania. Friends said he had been attending Duff's Business Institute for two years and had graduated two weeks ago. "He said he had been looking for a job, had gotten some resumes out but no one had called. He said he'd feel a lot better when someone called. Yesterday, Bernard Rogers had planned to use the tools he had borrowed to winterize his new apartment and then to go to a friend's apartment in Bedford Dwellings to have his hair braided in cornrows, his father said. "That's why he was up there," William Rogers said. "He wasn't up there for drugs." The next thing they heard of their son was that he'd been shot and was on his way to Mercy Hospital. William Rogers, who works at West Penn Hospital, and Joyce Rogers, who is an accounts-receivable clerk at a Downtown business, both raced from their offices to the hospital but arrived after their son had died. "We didn't even get to see him before he died," Joyce Rogers said. "They said a bullet ruptured his aerta and he bled te death. It's a terrible thing, to see your son like that." Ervin Dyer can be reached at edyer@post-gazette.com or 412-263-1410; Michael A. Fuoco can be reached at mfuoco@post-gazette.com or 412-263-1968 ;Cindi Lash can be reached at clash@post-gazette.com or 412-263-1973. Back Cepyright ©1997-2002 PG Publishing Co., Inc. Ail Rights Reserved. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 4 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 12:53 PM To: update@nacole.org Subject: [NACOLE Update] Wilmington DE - Police probe arrest of City Official for misconduct Article published Nov 16, 2002 Police stay silent on Moore case City official cites state law shielding internal investigation An internal investigation continues into possible misconduct by the Wilmington police officers who arrested Mayor Pro Tom Katherine Bell Moore last week. Police remain tightlipped about the investigation for a reason: "They literally, by state law, cannot say anything," said Bill Wolak, the assistant city attorney who handles public safety agencies and labor and employment matters. "It's not a question whether the city wants to release the information, it's if they can release it legally," Mr. Wolak said. Ms. Moore was charged with driving while impaired Nov. 6, but a breath-alcohol test showed no hint of alcohol in her system. The councilwoman had been dining at a Wilmington restaurant with several other people and was later stopped, given a field sobriety test and taken to the sheriff's department for the breath test. She said last week that she drank one beer that night. Shortly before being stopped blocks from her home, an off-duty officer from another jurisdiction called an officer at the Wilmington Police Department to report that Ms. Moore might be driving under the influence. Police haven't released the name of the officer who tipped off police. "Our chief does not tolerate any misconduct by any officer," said Capt. George B. Hickman, commander of the professional standards division, which investigates internal matters in the Wilmington Police Department. "We take all complaints," Capt. Hickman said. This year, about 70 public complaints have been made against the Wilmington Police Department, Capt. Hickman said. The department has responded to more than 130,000 calls this year, he said. His division has also conducted 30 of its own internal investigations. "The biggest complaints we have are about the officers' demeanor," Capt. Hickman said. Complaints come to his division in several fashions, including anonymously by phone and mail. And they're all treated the same, he said. Investigators look first to see if any laws had been broken, then if any police policies were broken. "We also see to it that the officers are treated fairly," Capt. Hickman said. The department employs two polygraphers, who are sometimes used in investigations, he said. Officers can be required to take a polygraph, or lie detector, test if a supervisor deems it necessary to resolve an issue. The tests are sometimes offered to a public complainant, but they aren't required to participate, Capt. Hickman said. To date, Ms. Moore hasn't filed a complaint against the Wilmington Police Department. She has had several run-ins with the department and has said it unfairly targets her and her family. The City Council also censured Ms. Moore in January for comments she made about the department. The investigation into last week's arrest is expected to be completed in about a week, but details aren't being released. "A lot of times people are under the misconception that we're hiding something," Capt. Hickman said. "We have to balance that with the public's right to know. We don't hide anything from anybody. We report facts so the chief can look at the information and make an informed decision." Mr. Wolak referred to N.C. General Statute 160A-168, which states in part that it's a misdemeanor to make personnel records public. An internal investigation's findings could be made public through various means. 1 For example, City Council can pass a resolution making the material available, Mr. Wolak said. And that means the council would have to decide that the incident has shaken the public's confidence in the administration of the city's business to such an extent that it could only be restored by a public disclosure. The information can also be made public by a court with jurisdiction or by the employee, he said. "There's a lot of misconception about this stuff," Mr. Wolak said. "When they {officials) don't say anything people think the worst, and when they do say something they could be cor:~itting a crime." Repeated attempts to contact Ms. Moore on Thursday and Friday were unsuccessful. Todd Volkstorf: 343-2328 todd.volkstorf@wilmingtonstar.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 2 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:10 PM To: update@nacole.org Subject: [N^COLE Update] Bristol CT - Arbitration Ruling says firing of Officer justified By Kristen A Turick 11/15/2002 The Bristol Press BRISTOL -- A recent ruling by the state Labor Department's Board of Mediation and Arbitration found that the city was justified in firing a police officer in 1999 who was the subject of at least 13 code of conduct violations. Damon Gardiner had been employed as a city police officer for 10 years when he was discharged by the Board of Police Commissioners upon the recommendation of Chief John DiVenere. According to the Nov, 1 decision by the arbitration board, internal investigations by the department showed Gardiner had engaged in sexual intercourse with a woman while on duty, failed to respond to calls for service because he was visiting her Pinebrook Terrace apartment, gave her a ride in his cruiser without permission and left the zone he was assigned to. He also allegedly threatened the woman's roommate when she asked him to leave her apartment. In addition, Gardiner was accused by another woman of choking her in a local bar when she declined to go home with him that night. He was also found to have failed to turn in the proper paperwork as part of an investigation, the decision stated. The police union's position was that there was no evidence to corroborate the account of Gardiner choking a woman and a report was misplaced but turned in as soon as it was located. It also alleged that the city failed to prove that Gardiner ever threatened the roommate of the woman he was having an affair with. The arbitration board ruled that the city did not violate its collective bargaining agreement with the police union when it discharged Gardiner. "The Grievant (Gardiner) had an extreme disciplinary history. In fact, the City could have discharged the Grievant due to past misconduct, but the City showed leniency," the board's written decision stated. "In response, does the Grievant reform his ways? No, the Grievant continued to conduct himself unprofessionally and demonstrated a total lack of respect for his uniform. The City proved the Grievant was a habitual offender whose actions warranted his discharge." Mayor Frank Nicastro expressed his satisfaction with the decision. "I'm pleased that the city's termination of the officer was justified by the arbitration panel," Nicastro said. "Our goal is to have the best police force possible and while it is never easy to terminate anyone, we must do what is in the best interest for all our citizens." 1 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:21 PM To: update@nacole.org Subject: [NACOLE Update] Key West FL - Review Board not covered by Florida Sunshine Law? Advisory group says it's not covered by Sunshine Law By Tim McDonald tmcdonald@keynoter.com The committee that is handling the nominations for the new Key West Civilian Review Board may be in violation of open government laws if it doesn't follow the state's Sunshine Law procedures, according to a state Attorney General's Office opinion. Key West voters recently approved by a 2-1 margin making the police oversight board part of the city charter. The committee that worked to get the question on the ballot and drafted the 14-page charter amendment is now handling the application process. "The law is quite clear," then-state Attorney General Bob Butterworth wrote in a 1998 in a legal opinion that carries the weight of law. "An ad hoc advisory board, even if its power is limited to making recommendations to a public agency and even if it possesses no authority to bind the agency in any way, is subject to the Sunshine Law." Members of the committee ? a panel not appointed by the city ? say they are not subject to the Sunshine Law, claiming the committee will not make recommendations, only handle the application process. Michael Barnes, described as the committee's pro bono counsel during the transition stage, says the committee is similar to a "fact-finding" committee, which he said is generally not subject to the Sunshine Law. "Although there has been much misinformation to the contrary ... the [committee] will simply gather applications for Citizen Review Board positions," Barnes wrote in an e-mail to the Keynoter. "We do not 'screen' them to be excluded or ranked. Decisions will be made by others. We do not make recommendations to the City Commission or otherwise participate in the decision making process." However, the charter amendment includes language that allows the committee to give a sujective review of applicants, saying that qualifications will include "good reputations for integrity and community service." ! "I don't know what any of that means," said Key West Mayor Jin~y Weekley. " 'Good standing in the community?' What does that mean? These were the questions I raised, even after the election. They're saying it's sour grapes because I'm still asking the same questions, but none of them have been answered." The group's muddled legal status prompted Assistant Attorney General Pat Gleason to issue a warning. "Host definitely, this should be looked at by the city attorney," Gleason said. "The Sunshine Law is very broad, and it's not necessary they be making recommendations per se. There could be serious consequences if this is violated. That shows'the importance of having the city attorney take a look at what this group does." City Attorney Bob Tischenkel did not return four phone calls from the Keynoter asking for comment. However, committee members say they will not reject any applications, and that all will be passed on to the City Commission, even if they are not required to do so by the specific language in the amendment. "I guess it comes down to there being a certain amount of trust and a certain amount of belief that the co~ittee is objective and will strive for independence," said committee spokeswoman Sandy Butler Whyte. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:25 PM To: update@nacole.org Subject: [NACOLE Update] Miami FL - Police Chief annouces resignation Miami police chief to resign Jan. 1 By David CSzares and Jos6 Dante Parra Herrera Staff Writers November 16, 2002 MIAMI · Police Chief Raul Martinez, under fire for heading a department plagued by allegations of police brutality, announced his resignation Friday. Martinez, the city's first Hispanic police chief, informed City Manager Carlos Gimenez in a memo that he would resign on Jan. 1.. The chief informed his immediate staff of his impending departure, the subject of a department rumor for much of the week, before making the memo public. For more than two years the department has been embroiled in a federal probe of shootings that were allegedly covered up by rogue officers -- an investigation that so far has led to 13 indictments. Martinez, as the former head of the department's Firearms Review Board, cleared many of those cases when they were originally investigated. The chief, who took control of the department in May 2000, could not be reached for comment. In his resignation memo, he did not offer any reasons for leaving, but said he was proud of the department's accomplishments during his tenure. He cited decreased crime, improved training, a new deadly force policy, the use of less lethal weaponry and stronger relationships with federal agencies to investigate public corruption and terrorism. "We have accomplished much," Martinez wrote. "There is still much to do." Critics of the department, however, wasted no time in pointing out that Martinez, for all of his experience and administrative skills, must share in the blame for a department in which some officers are out of control. The problem was so bad, advocates for reform say, that city voters had no choice but to overwhelmingly approve a civilian investigative panel to scrutinize police, which Martinez grudgingly had to help create. "In the face of such overwhelming evidence of problems in the police department and then the embarrassing indictment by the federal government after these officers were essentially cleared, not only by internal affairs but also the State Attorney's Office, there was no way in the world that he could not acknowledge that more civilian oversight of the police department was needed," said Howard Simon, executive director of the ACLU of Florida. Corruption alleged After years of complaints, federal prosecutors issued indictments alleging police corruption surrounding four high-profile shootings involving the deaths of three men. Three officers are scheduled for trial in January. 1 On Friday, prosecutors dropped charges of civil rights violations against 11 police officers accused of cover-ups. Federal authorities are still pursuing a conspiracy case against the officers. Current and former police officers say federal scrutiny and negative publicity likely contributed to the chief's decision. Retired Lt. Gerald Green, who left last year, thinks Martinez was worn out by the controversy that has swirled about the department because of several questionable police shootings that later led to federal indictments. Many of those cases were ruled as justifiable shootings by the Firearms Review Board, which Martinez headed for several years, police records show. He was also head of Internal Affairs. "It makes him the epicenter of a downturn in public perception," Green said. "The public has seen us as if for 10 years we've been running amok shooting at everything that moves. And there were no checks and balances. They were more like review, and let's move In several of the shootings, the evidence often contradicted the officers' statements, police records show. In one case, an officer claimed to have found a gun, but did not leave it where he found it. When asked why, the officer said he placed the gun elsewhere because the suspect was moving and he was afraid he would grab the gun. An autopsy, however, revealed the suspect's spine had been damaged -- and that even if he had been alive, he would have been unable to move. Capt. Mike Exposito, a current member of the department, said morale there has been at an all-time low. He blames many of the department's problems on Martinez and his role supervising reviews of the shootings. "He saw some things that he felt very suspicious about," said Exposito, who recently settled a lawsuit against the city for a demotion and was awarded back pay. "He should have said there's some problems here and I want some issues resolved. But he did not." One black core, unity activist, a department critic who pushed forcefully for the review panel, agreed. "I think he really dug a hole for himself as the head guy at Internal Affairs when they let all those guys go who obviously were doing wrong," said Max Rameau, of the Liberty City-based Brothers of the Same Mind. 'Peter Pan' arrival A native of Havana, Martinez came to Miami on the so-called "Peter Pan" flights that brought thousands of Cuban children to Florida in the 1960s. He joined the department in 1974 and has served in a variety of assignments, from patrol officer to vice and narcotics investigator to chief of administration. Some officers say Martinez deserves credit for focusing on the department's mission. "He's got a lot to be proud of there," Green said. "He's established a new criteria for supervisors and commanders to reduce crime. I didn't agree with him in some of the methods, but in certain areas he's been one of our best and most efficient crime-fighting leaders." 2 Martinez was appointed to the department's top job three years ago. He replaced William O'Brien, who resigned under a torrent of criticism from former Mayor Joe Carollo. The former mayor, upset that the chief did not inform him of the April 22, 2000 raid on the Little Havana home of Eli~n Gonz~lez's Miami relatives, demanded that then-city manager Donald Warshaw fire the chief. When Warshaw refused, Carollo fired Warshaw. Gimenez, who succeeded Warshaw in that job, already has announced he will step down on Jan. 6 after 28 years with the city. That will allow Diaz to pick a new city administrator, who will pick a new chief. Diaz said Friday that he respects the chief's decision and looks forward to an orderly transition. "My wish has always been to promote the stability in the city," he said. City Commissioner Johnny Winton said while he is bothered by all the allegations of police brutality, he doesn't think Martinez should shoulder all of the blame. "There's a lot of really good cops in our city police department, but we also know without a shadow of a doubt that there is a group of guys in that department that need to go. They're bad," Winton said. "Let's not lay that all on Raul Martinez. The criticism goes back to other police chiefs." David C~zares can be reached at dcazares@sun-sentinel.com or 305-810-5012. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:29 PM To: update@nacole.org Subject: [NACOLE Update] Seattle WA - Citizen Volunteer will help review police hires Saturday, November 16, 2002 Civilian volunteer will help review Seattle police hires SEATTLE POST-INTELLIGENCER STAFF Future Seattle police officers will undergo the added scrutiny of a civilian when they are hired. The Police Department plans to add a civilian to the oral board that interviews recruits as part of the hiring process. It will be a change to the testing process that the department plans to implement next year. The volunteer citizen will serve a term of one year. Pamela Eaton-Ford, a former chairwoman of the Brighton Neighborhood Council, will be the first civilian to serve. In a statement released yesterday, Chief Gil Kerlikowske said the decision to add a civilian to the board is one way to give the community a sense of ownership in the hiring process. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:41 PM To: update@nacole.org Subject: [NACOLE Update] Chandler AZ - Councilman seeks independent review of Police pic24350.gif pic10291 gif pic30836.gif Outside look at Chandler police sought Lovelace fired; city exploiting case, chief's wife says Edythe Jenson The Arizona Republic Nov. 15, 2002 12:00 AM (Embedded image moved to file: pic24350.gif) {Embedded image moved to file: pic10291.gif) Related stories ? Death of a prescription-fraud suspect (Embedded image moved to file: pic30836.gif) Chandler Mayor Boyd Dunn and at least three City Council members are calling for an independent review of the city's police department after the firing of an officer charged with murder in a civilian shooting. Meanwhile, Judy Harris, the wife of Police Chief Bobby Joe Harris, accused city officials of silencing her husband and exploiting the shooting for political and personal reasons. "It's not like the department is a bunch of dunm~ies running around doing things. You plant a field and you get a few weeds. The bigger the field, the more weeds," she said in an interview. Officer Dan Lovelace, 38, was indicted on charges of second-degree murder and endangerment Thursday by a Maricopa County grand jury in the Oct. 11 death of Dawn Rae Nelson, 35, of Ahwatukee Foothills, at a Walgreens drive-through window. He was fired Wednesday after a Chandler Police internal affairs investigation found the shooting was not justified. Copies of the internal affairs report offered a glimpse of Lovelace's state of mind. 1 In his final statement to investigators, he said: "I screwed up the department, everyone for you, the chief, you guys treat me the best, I work hard, I'll take a bullet for anybody over here. I never wanted to hurt anybody. I never meant to do anything. I messed up. I messed up. I don't know. Ail I know is what I did. That's all I know is what I tried to do." Lovelace shot Nelson as she sat in her car with her 14-month-old in the back seat, when he responded to a call that she tried to pass a forged prescription. Councilman Phill Westbrooks said Thursday that he will seek a council vote next week to bring in an outsider to review the department. He is also demanding records of complaints, lawsuits and settlements against Chandler police for the past five years. The Lovelace case caps a series of police missteps in recent years. Councilwomen Patti Bruno and Donna Wallace said Thursday that they would support an independent investigation. Dunn had originally opposed an outside investigation of the Lovelace shooting, which was ultimately conducted by the Maricopa County Attorney's Office. He had previously endorsed a review of the department, but had stopped short of calling for an outside review. Bill FitzGerald, a county attorney spokesman, said his agency and most police departments keep lists of consultants and law enforcement experts to make reviews. Judy Harris said the investigation is unnecessary, that the Chandler Police Department has already passed stringent outside agency reviews as part of accreditation proceedings. In fact, she said, Chief Harris, who has headed the department since 1993, is scheduled be in Salt Lake City this weekend to accept accreditation accolades. Said Dunn the city mayor, "We need to go beyond accreditation, to look at the operations of the police department." *** eSafe scanned this email for malicious content **~ IMPORTANT: Do not open attachments from unrecognized senders Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, November 18, 2002 1:48 PM To: update@nacole.org Subject: [NACOLE Update] Washington Post Editorial re: New Leadership in Prince George's County MD Police Mr. Johnson and the Police Monday, November 18, 2002; Page A20 AS STATE'S ATTORNEY and now as incoming Prince George's county executive, Jack B. Johnson correctly identified police abuse as an important issue. As prosecutor he cast himself as the outside critic of the force, bringing charges of brutality that he had trouble making stick in court. In his new role Mr. Johnson's emphasis is on being "a unifier," looking for ways to boost the morale as well as the standards of the county's force. For starters he has selected a highly respected outside expert on police work to check things out. Patrick V. Murphy, who notes proudly that his family has a total of 170 years' service with the New York Police Department and who began as a cop on the beat, in the 1960s was public safety director for the District. Mr. Johnson says Mr. Murphy "will have carte blanche authority to evaluate our police department from top to bottom," and that he then will work with Mr. Murphy to effect changes to "restore the reputation of the department." It's a tall but overdue order. Though the department's reputation today is better than it was decades ago, instances of excessive force and other unacceptable tactics have continued to plague the force. A "blue wall of silence" and record-keeping that camouflaged abuses have allowed a culture of abuse to persist among certain officers, depressing the morale of the honest, hardworking majority. Mr. Murphy, who has headed four different departments and who is a former president of the Police Foundation, says he is familiar with the controversies that have surrounded the Prince George's department but has no preconceptions about changes needed. His review will include interviews with union leaders and rank and file as well as with community groups and citizens who have served on police review panels. Whatever findings and solutions come out of all this, it will be up to Mr. Johnson to restore confidence in the ability of the police force to effectively and professionally address crime. © 2002 The Washington Post Company Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: ECPittinger [beth pittinger@city.pittsburgh.pa.us] Sent: Monday, November 18, 2002 3:15 PM To: NACOLE Update Subject: [NACOLE Update] PittsburghLIVE.com - City may settle suit with officer ECPittinger (beth.pittinger@city.pittsburgh.pa.us) asked us to send you this article from PittsburghLIVE.com. Co~ent from ECPittinger: CITY MAY SETTLE SUIT WITH OFFICER A possible settlement is on the table for the second of two federal lawsuits brought by Pittsburgh police officers who claim they were demoted after testifying for a controversial officer accused of homicide. To read the entire article, visit: 1. Click here: http://www.pittsburghlive.com/x/tribune-review/pittsburgh/s 103106.html 2. Or visit http://www.pittsburghlive.com and type in NewsCode: 103106 For the most comprehensive coverage of local news and sports in western Pennsylvania, visit http://www.pittsburghlive.com Update mailing list Update@nacole.org http://nacole.org/mailman listinfo/update_nacole.org Page 1 of 2 Marian Karr From: King Downing [KDowning@aclu.org] Sent: Monday, November 18, 2002 6:01 PM To: Update@NACOLEorg Subject: RE: [NACOLE Update] FW: [GBCRC] man-min sentences, US Atty As to Sullivan's arguments that the longer sentences increase public safety, I would refer you to Todd R. Clear's essay "The Problem with 'Addition by Subtraction:' The Prison-Crime Relationship in Low-Income Communities," by (from the book Invisible Punishment: The Collateral Consequences of Mass Imprisonment, edited by Marc Mauer and Meda Chesney-Lind, 2002-The New Press, New York). He concludes: Well-established theory and a solid body of evidence indicate that high levels of incarceration concentrated in impoverished communities has a destabilizing effect on community life, so that the most basic underpinnings of informal social control are damaged. This, in turn, reproduces the very dynamics that sustain crime. The underlying assumptions of the conventional wisdom that Clear challenges must be put to its proofs before further harm is done. King Downing National Coordinator Campaign Against Racial Profiling-ACLU 125 Broad Street New York, NY 10004 212-549-2558/kdowning@aclu.org ..... Original Message ..... From: Malvina Monteiro [mailto:mmonteiro@Spike. CI.Cambridge. MA.US] Sent: Monday, November 18, 2002 9:57 AM To: Update@NACOLE.org Subject: [NACOLE Update] FW: EGBCRC] man-min sentences, US Att,/ Today's Globe has the original, longer version of the below AP story taken from the Globe and now posted on the Herald website. http;//www,boston.c~m/dailyglobe2/320/metro/Tougher_federal sentences~ushed+,shtml. Please keep me "posted" as to further "discussion(s)." Marty Rosenthal w 617-742-0606; h 617-738-6621 U.S. attorney seeks longer drug, gun sentences http://www.bostonherald,com/news/local_regional/ap_sentl ! 162002.htm Associated Press Saturday, November 16, 2002 BOSTON - U.S. Attorney Michael Sullivan has ordered federal prosecutors to seek longer prison terms for defendants convicted of drug and gun offenses - in some cases adding up to 30 years. For drug convictions in particular the move bucks a national trend against lengthy mandatory- minimum sentences, which critics say too harshly punishes indigent, non-violent defendants. Sullivan's "enhancement" policy means a convicted drug dealer's 1 O-year sentence could double if he has a prior drug conviction in state court. This while federal drug sentences have dropped by 11/19/02 Page 2 of 2 more than 20 percent in the past decade, according to the U.S. Sentencing Commission. "This is a kind of sea change in the practice of this office," Sullivan told a Boston newspaper. "I think it's important that we use the tools that allow for the most significant punishment." Before Sullivan announced the change internally earlier this year, prosecutors used their discretion when seeking "sentencing enhancements," which are allowed under federal law. They increase the mandatory minimum sentence for drug dealers with previous felony drug convictions. Now, prosecutors are required to deploy the enhancements in every applicable case - no exceptions. "Michael Sullivan sits there knowing that it's politically correct, that it makes for great press for a politician or prosecutor to say no to plea bargaining and to demand enhanced sentences," defense lawyer Kevin Reddington told the paper. Attorney Charles Rankin, who heads a group of court-appointed defense lawyers, said the policy is "appalling." "Indigent defendants are getting hammered by this U.S attorney's office, and it's appalling," Rankin said. "The sentences people are getting are huge and to what end? Just because the government wants to be tough and macho." Sullivan, a former state representative who once challenged U.S. Sen. Edward Kennedy, says the move is about common sense - not politics. "This has nothing to do with politics. Any time you make a decision, there will be someone on the sideline who anonymously will criticize you," he said. "It improves public safety, and beyond that, it sends a message to others." Copyright 2002 Associated Press. Copyright by the Boston Herald To unsubscribe from this group, send an email to: gbcrc-unsubscribe@yahoogroups, com Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. 11/19/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Tuesday, November 19, 2002 8:33 AM To: Update@NACOLE.org Subject: [NACOLE Update] US Probes Alleged LAPD Beating as Vigilantism http;llwww,latimes.com/newsl!oca!l!a-me-beercanl 9nov19,0,1515353.story?coll=!a%2Dhead!ines%2Dcalifornia U.S. Probes Alleged LAPD Beating Officers are accused of vigilantism after a colleague's car was hit by a beer can. By Scott Glover and Matt Lait LA Times Staff Writers November 19 2002 The U.S. Department of Justice has opened an investigation into an alleged vigilante mission by a group of Los Angeles police officers accused of tracking down and beating a young man who had thrown a half-empty can of beer at an off-duty officer's car. A federal prosecutor in Washington has requested court documents, transcripts, police records and other information about the Feb. 8, 1999, incident as part of an investigation into alleged civil rights violations, according to attorneys contacted by the Justice Department official. "The Civil Rights Division is reviewing the matter to see what, if any, actions under federal civil rights statutes may be appropriate," said Casey Stavropoulos, a spokeswoman for the Justice Department in Washington. The incident, which was detailed in a Times article last year, began when Travis Garlits, 21, threw the can at an officer's car. It ended with officers tracing Garlits to a Mission Hills home about 10:45 p.m., where he was watching television with friends. Witnesses said the officers burst into the house with guns drawn and ordered everyone to the floor. One officer beat the man, witnesses said. The officer was quoted as telling Garlits that he had messed "with the LAPD," as he allegedly punched and kneed Garlits. "That was my partner you threw the beer can at." In addition to the alleged beating of Garlits, police shot and wounded Steven Short, the owner of the house, who later told police he had been awakened by the commotion and grabbed his shotgun. According to a report later by the Police Commission's inspector general, Jeffrey C. Eglash, by the time Short realized that the intruders were police and started to drop his gun, itwas too late: An officer shot him in the hip.. Short sued the city and received a $300,000 settlement. The case set off heated debate on the commission. Some commissioners accused the officers of taking the law into their own hands and exacting revenge on Garlits. Eglash recommended that the case be submitted to the U.S. attorney for potential prosecution of the officers. But the case was never submitted by the LAPD for prosecution. It is unclear what brought up the Justice Department's recent interest in the case, now nearly 3 years old. Assistant U.S. Atty. Jerrob Dully, who is based in Washington and who contacted attorneys connected to the case, declined to comment. A lawyer for the city of Los Angeles who represented the officers in the suit brought by Short was not available to discuss the Civil Rights Division actions; the officers previously have declined to comment. Attorney Carol Watson, who represented Short, said Duffy told her in a telephone conversation last week that he was pursuing a possible criminal civil rights prosecution against the officers. Duffy sought documents associated with the alleged beating and asked her opinion about impression some of the alleged victims would make as witnesses at trial, Watson and another attorney close to the case said. An LAPD spokesman, Cmdr. Gary Brennan, said department officials were unaware of the investigation and therefore 11/19/02 Page 2 of 2 could not comment on it. According to police reports, Gadits threw the beer can at the car driven by off-duty Officer Chad Butler, who was on his way home after work. After his car was struck by the can, Butler drove to the Foothill police station with the license plate number of the suspects' car. After a DMV check of the plate, Butler and several other on-duty officers headed to the address to which the vehicle was registered. Car Spotted On the way, the police reports said, the officers spotted the car on the San Diego Freeway. The officers pulled the car over, forced the driver, 22-year-old Kevin Cliborn, to lie on the side of the road and arrested him. Garlits was no longer in the car. Cliborn alleged that the officers demanded that he tell them where Garlits was. Cliborn said he didn't know the address of the house where his friend was staying, only the phone number. The officers forced him to call the number and get the address without saying that he was coming with police, Cliborn said. With that information, the officers headed to Short's home. On the way to the residence, Cliborn said, one officer told him that he hoped Garlits would "resist arrest," according to a confidential report by Eglash. When police arrived, they said, they noticed that the front door was slightly ajar. One of the officers said he knocked on the door and identified himself as a police officer. The knock caused the door to swing open, he said. In the living room, the officers found Garlits and his friends watching television. Police said Garlits tried to escape and had to be forcefully subdued by Officer Jeffrey Nuttall. At the same time, police said, Short bolted out of a bedroom with a shotgun and pointed it at another officer. That officer, Michael Patton, said he yelled at Short to drop the gun, but the officer said Short refused and started to aim the weapon at the officer's head. Fearing for his life, Patton said, he shot Short. The accounts provided by Garlits, Cliborn, Short and others in the house contradicted the police version of events. They said the officers had burst in without warning. Nuttall seized Garlits, they said, and started beating him in the hallway, telling Gadits that he shouldn't have thrown the beer can at Nuttall's partner and asking Garlits to "please resist me." After the shooting, the non-police witnesses said, Short asked Patton why he had pulled the trigger. "Why did you shoot me?" one witness quoted Short as asking the officer. "You came into my house. I didn't know you were the police. I was trying to drop the gun." Eglash wrote two reports to the Police Commission on the incident, both condemning the officers' actions. In one, Eglash accused then-Chief Bernard C. Parks of refusing to discipline the officers because Parks disapproved of the way the commission had handled its review of the shooting. The chief denied that charge. Despite their concerns about the incident, police commissioners found that the shooting had been within departmental rules, which allow officers to fire their guns to protect themselves or others from imminent harm, regardless of the circumstances that led up to the shooting. Case Settled More than a year later, the inspector general's reports once again were the center of controversy. When The Times wrote about the incident and detailed the contents of the reports, the judge who had presided over Short's civil trial fined the city more than $22,000 and ordered a new trial because the reports had not been turned over to Short's attorney. The city then settled the case out of court. Watson, Short's attorney, said the Justice Department prosecutor told her that the federal probe is not focused on the shooting. She said Duffy had told her that he thought the fact that Short was armed would be difficult to overcome in any potential prosecution, regardless of the circumstances the led up the shooting. 11/19/02 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 19, 2002 10:11 AM To: update@nacole,org Subject: [NACOLE Update] Long Beach CA - Speakers Commission on Police Conduct meets in LA Long Beach Press Telegram Police discuss use of force State: Commission aimed at reducing abuse meets in Los Angeles. By Paul Young Staff writer Monday, November 18, 2002 - LOS ANGELES A commission examining police conduct in California took another step Monday in gathering information that could impact use-of-force laws. The Speaker's Commission on Police Conduct earlier met in several cities across the state, including San Diego, San Jose and Sacramento. On Monday, it met at the California Science Center in Los Angeles for four hours to discuss police accountability with authorities, legal experts and civil rights activists. The information will be used to make legislative recommendations with a goal of having no incidents of police abuse and zero tolerance in the event of such a situation. "We are trying to better understand the dynamics that cause this kind of incident,' said Marco Antonio Firebaugh, D-Cudahy, who oversaw Monday's gathering. "It's to make for a healthier society.' About 50 people attended Monday, moat of whom sat in the audience listening to experts speak on a wide range of topics, from police investigations to how misconduct is reported. The meeting was one of several that have taken place across the state since the commission's inception in early July. At least two more gatherings are planned. Formed by Assembly Speaker Herb J. Wesson, the commission made of five subcommittees was created in response to the videotaped arrest of Donovan Jackson, an Inglewood teen who was slammed against a car by a police officer while the youth was handcuffed. The idea is to examine the training of police officers and evaluate whether there were methods to ! eliminate the unnecessary use ef force. A spokesman for Wesson said the commission's findings will be put into a report and the information will be used to help shape legislation next year. The next meeting is scheduled for Nov. 25 in the San Jose State University Student Union. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 19, 2002 10:15 AM To: update@nacole.org Subject: [NACOLE Update] Macomb III - Officer Disciplined for cussing in incident with students City By City: Macomb, IL Macomb police officer disciplined after complaints of excessive UPDATED: 11/19/02 8:28 AM ASSOCIATED PRESS MACOMB - A Macomb police officer has been disciplined for cussing while breaking up a loud party last month. But police department officials aren't saying who the officer is or what the discipline was. The action was taken after a department investigation of complaints from several Western Illinois University students at the off-campus party on October 5. The students said police officers used excessive force and acted unprofessionally. Several students were arrested. The department also says the investigation found no criminal misconduct by the officers and that the department's policy on the use of profanity will be "reviewed and addressed." Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 19, 2002 10:29 AM To: update@nacole.org Subject: [NACOLE Update] PhiladelphiaPA - Iverson says he fears Police picO6483.gif pic27595 gif pic04041 gif pic03602 gif pic24350 gif Posted on Tue, Nov. 19, 2002 (Embedded image moved to file: pic06483.gif) (Embedded image moved to file: pic27595.gif} (Embedded image moved to file: pic04041.gif) (Embedded image moved to file: pic03602.gif) Iversons say they live in fear The couple denied reports of domestic abuse but expressed concerns about police By Stephen A. Smith Inquirer Staff Writer Breaking his public silence about his off-season troubles, Allen Iverson spoke out yesterday, saying he is fearful of police, is afraid to be in Philadelphia, and may want to leave town someday soon. "I've heard about police officers toasting to Allen Iverson's next felony conviction," the 76ers' star guard said. "I'm hearing about them saying I'm involved with one thing or another, and it scares me. I know that if there's a crooked cop out there, they could do anything to me. He could do anything. Allen Iverson could wind up dead tomorrow if a crooked cop wants him dead. It's as simple as that. "I want to be in Philadelphia, but I'm scared to be here." A police spokesman denied that there were any police threats directed toward Iverson and said such conduct would not be 1 tolerated. Iverson expressed his fears in a 90-minute interview during which he and his wife, Tawanna, made their first public statements about their relationship and denied reports of domestic abuse by Iverson He was charged with several felonies in July after an alleged domestic dispute with his wife. The charges were all dropped. The Iversons gave an interview to two reporters yesterday after practice at the Sixers' practice facility at the Philadelphia College of Osteopathic Medicine, to blunt the impact of an upcoming unflattering television news report on Iverson's personal life. The interview was attended by their lawyer, Larry Woodward. The Iversons, while admitting they argued, denied any abuse. "My husband never hit me, and he did not throw me out of the house naked," Tawanna Iverson said. In addition to his concerns about police, Iverson complained of "news cameras following my kids, my wife, my friends, etc., just to see what type of activity is going on. It just scares me, man. If you tell me that I'm going to have to go through this in every city I go to if I go anywhere, then I'd rather be here. But..." After facing charges that could have added up to 70 years in prison last sun~ner, and enduring the media frenzy that followed, along with the feeling that times are not about to get any better, Iverson, along with his wife, felt inclined to speak. Anticipating that WXTF-TV (Channel 29) is planning a news segment raising questions about Iverson's off-court lifestyle, according to both the Sixers and Woodward, the couple finally said they had had enough. Iverson was finally unleashed by his lawyers, who had previously advised him not to speak. (Scott Matthews, news director at Channel 29, said it is the station's policy not to confirm or deny the content of any of its programs.) Denying reports of physical abuse, Iverson said yesterday: "Tawanna and I have been in a million fights, if not more. We've been together for 10 1/2 years. I'd be a fool to say I've never been in a fight with Tawanna. "But am I in there putting my foot in her [butt]? No. I love her to death. She's my other half." But in Iverson's mind, that's barely half the story in the eyes of many critics, particularly those in Philadelphia's police department and the media. 2 While Iverson thinks he might be a target for the police, he believes he clearly is one for the media. For those that can't get at him directly, he believes they've proven they will hurt his family. And does he think it is defamation? Definitely. By embarrassment? Absolutely. By violence? Possibly. And that includes the police, he believes. Responding to Iverson's assertions, Inspector William Colarulo of the police public affairs department said: "With regard to Mr. Iverson's concerns regarding police officers' behavior, let me state that the deputy com~issioner would never tolerate anyone toasting or celebrating a person's next conviction, regardless of who they are And I can assure you that any police misconduct of any nature would never be tolerated by [Commissioner] Sylvester Johnson. "I would urge Mr. Iverson, if he or his family have direct knowledge of 'crooked cops' and he is fearful of his life as a result of it, that this information be reported immediately to our internal affairs division." Judging from yesterday's interview, the Iversons would just prefer to be left alone. "I remember when that whole fiasco was going down," Tawanna Iverson said. "Aside from the helicopters hovering over our house, there were media people hiding in the bushes, taking pictures and everything, trespassing and damaging our property." The media staked out the Iverson house over the summer after Iverson and his uncle were accused of barging into a West Philadelphia apartment July 3 and threatening the two men inside during Iverson's angry search for his wife after he had kicked her out of their Main Line mansion. The charges were eventually dropped. "Now, it may be over for everybody else, but not us," Tawanna said "I used to be able to go get a tank of gas, to go to the supermarket or the movies. People didn't bother me before. But that isn't the case anymore." Iverson added: "I worry about Tawanna all the time. She rides with security before the game, after the game. There's security for 24 hours at our house. When I go on the road, I leave security with her. She knows. I get on her all of the time. When she goes to the mall, I want her to have someone with her. Just because... "I'm at a game and we're leaving, and there are women yelling at her, telling her, 'Allen, don't mess with Tawanna. She's just after your money.' She used to be in the regular seats at games. Now she's in a suite because of the things some people feel they can say to her, just because somebody might try to whip her [butt]." Perhaps that is why last summer's trouble made the Iversons just as fearful as they were annoyed. Iverson remembered receiving an e-mail from Jay W. Charles on May 16, 2000, and how Charles had threatened to decapitate his two children. He recalled how Charles ended up receiving a $5,000 fine, three years' probation, and 100 hours of community service after pleading guilty to one count of sending a threatening interstate communication. To the Iversons, such incidents are a microcosm of today's society, in which nearly anything goes when it comes to celebrities. "I heard that she was cheating on me... with my own cousin," Iverson said. "When I hear that, I'm hurt for her. They're saying stuff about her that she didn't do." The Sixers say they have noticed that Iverson is more guarded than ever. The Iversons appear resigned to their plight, concerned more these days with safeguarding their family than anything else. "They've become convinced that their situation is permanent," Woodward said. "You always want to believe that when something bad happens, that it's situational, that you'll wake up one day and the media will have taken their shot at you and it will go away and people will get tired of talking about your life, following you around, etc. "I think when you hear Allen's frustration, they've realized they have to wake up every morning and realize that this media frenzy will not go away." "It's a bad thing," Iverson said, "but it's our thing." Contact Stephen A. Smith at 215-854-5846 or ssmith@phillynews.com. (Embedded image moved to file: pic24350.gif) © 2001 inquirer and wire service sources. Ail Rights Reserved. http://www.philly.com *** eSafe scanned this email for malicious content *** *** IHPORTANT: Do not open attachments from unrecognized senders *** 4 Marian Karr From: Kelvyn.^nderson@ph[[a.gov Sent: Tuesday, November 19, 2002 10:39 AM To: update@nacole.org Subject: [NACOLE Updatel Baytown TX - Police Advisory Committee takes shape Police advisory committee to take shape soon By Matthew Cook The Baytown Sun Published November 19, 2002 City Manager Gary Jackson said that within the next week he expects to ask city council members for nominations to a police advisory committee. Jackson said each council member will nominate two persons from within their district to serve on the committee and the mayor will nominate two persons from the city at large. Baytown Police Chief Byron Jones said he sees the committee as a means to communicate with the community at large. "I see them being a group I meet with on a regular basis to discuss things that are going on in the come, unity," he said. "They could kind of keep me informed with what's going on and we can send information back and forth." Jackson said that although city council members would nominate members for the comn~ittee, co~ittee members would be appointed administratively. Jackson described the committee as "an administrative board that would be strictly for giving feedback and communications to the chief." Jackson said the group would meet at times designated by the police chief, instead of during regularly posted, public meetings. Although the city is moving forward with nominations, the ultimate goal and design of the council has yet to be determined. "What one would have to evaluate is what is this group achieving?" Jackson said. "The idea I believe is to have a broad based community wide panel that provides a communication device. The question is, is that the most effective mechanism? My inclination is to proceed under that proposal and certainly try it and see." Demands for a civilian review were made following the Jan. 20 death of Luis Torres, who died after a struggle with Baytown police officers. Torres' death was ruled a homicide by the Harris County Medical Examiner's Office and Following Torres' death, several citizens called for the creation of a review board which would examine police policies 1 and complaints made against officers. Jackson said the proposed committee would not have any disciplinary powers or powers to create or change policy. "The proposal would be a panel that would be strictly a advisory panel to the chief of police," Jackson said. United Concerned Citizens of Baytown has been a proponent of establishing a civilian review board. However, Eva Benavides said the group has not been involved in developing this proposal. Benavides said the group is working to establish some sort of review committee, though no details have been finalized. She referred further questions to the U.S. Department of Justice. Attempts to reach the U.S. Department of Justice were unsuccessful. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 19, 2002 10:57 AM To: update@nacole.org Subject: [NACOLE Update] Los Angeles CA - Fed Appeals Court says cops need not be present to execute search warrant at ISP pic00041 gif Posted on Men, Nov. 18, 2002 U.S. court overturns ruling on police Web searches LOS ANGELES (Reuters) - A federal appeals court Monday overturned a lower-court ruling requiring police officers to be physically present when executing a search warrant at an Internet service provider. The 8th Circuit Court of Appeals in St. Louis overturned a district court ruling in a Minnesota case regarding a search warrant faxed to Yahoo Inc.'s Santa Clara, California offices in a child pornography investigation. The defendant in the Minnesota case had argued his rights under the Fourth Amendment to the U.S. Constitution regarding unreasonable search and seizure had been violated because the search for items listed in the warrant had been conducted by a civilian Yahoo employee. The Minnesota district court in that case ruled law enforcement officers should be present at all such searches. Attorney Jonathan Band, a partner at Morrison and Foerster in Washington who represented Yahoo and others in the case, said the appellate court found ''the Fourth Amendment does not establish a hard-and-fast physical presence requirement.'' Yahoo and others had argued in papers filed with the 8th Circuit earlier this year that the ruling could fill their office with police officers executing warrants. The group had argued that a dozen or more law enforcement officers could be on their premises at any given time enforcing warrants if the lower-court ruling were allowed to stand. (Embedded image moved to file: pic00041.gif) *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Tuesday, November 19, 2002 11:18 AM To: update@nacole,org Subject: IN^COLE Update] Washington DC - Homeland Security Bill proposes Internet Police power POSTED AT 8:42 AM EDT Tuesday, November 19 (Embedded image moved to file: picl1478.gif) U.S. Homeland Security bill has Internet police powers Associated Press Washington ? Internet providers such as America Online could give the U.S. government more information about subscribers and police would gain new Internet wiretap powers under legislation creating the new Department of Homeland Security. ]%mid the debate in Washington last week, provisions of the bill tucked into a section about "cyber-security enhancements" received scant attention. The Senate prepared to vote on the entire legislation Tuesday Most of the provisions passed the House as part of separate legislation in an overwhelming 385-3 vote during the sun, er, but they were never considered in the Senate. Many are similar to changes made last year under the USA Patriot Act, which included new laws affecting Internet wiretaps and hacker investigations. One new provision raises possible criminal penalties to life in prison for hackers caught during electronic attacks that cause or attempt to cause deaths. An attack aimed at causing "serious bodily injury" could result in 20 years behind bars. The debate over appropriate penalties for serious hacker attacks has intensified since the Sept. 11 terror attacks. Experts have increasingly focused on Internet threats to important computer systems that control power grids, pipelines, water systems and chemical refineries. "We must not ignore the growing threat of cyber attacks," said Rep. Lamar Smith, who first introduced the proposals as the Cyber Security Enhancement Act. Just a few years ago, hackers vandalized popular commercial and government Web sites, including those for the Pentagon, White House and Senate. But compared with the threat of electronic shutdowns of critical services, those sorts of attacks look more like simple nuisances. Supporters of the sentencing changes for hackers say they eliminate differences with possible penalties for other crimes that might also result in deaths. Critics noted that some prosecutors have been accused in past years of exaggerating the scope and financial damages from hacker attacks. The bill also provides greater legal protections for Internet providers, such as AOL or Microsoft Network, to turn over information about their subscribers to government officials during computer emergencies. If companies believe "in good faith" that there is risk of death or injury to any person, they can turn over details about customers ? even their e-mails ? without a warrant. Civil liberties groups, such as the Washington-based Electronic Privacy Information Center, have complained the bill's language allows Internet providers to turn over subscriber information to any government officials, not just investigators. U.S. companies have traditionally refused to act as agents for prosecutors without court-approved warrants, said Chris Hoofnagle, EPIC's legislative counsel. The legislation requires any government officials who obtain such information to report details to Attorney General John Ashcroft within 90 days. It also requires Mr. Ashcroft to report results to Congress after one year. Another part of the Homeland Security bill gives U.S. authorities new power to trace e-mails and other Internet traffic during cyber-attacks without first obtaining even perfunctory court approval. That could only happen during "an immediate threat to national security," or during an attack against a "protected computer." Prosecutors would need to obtain a judge's approval within 48 hours. Experts have noted that U.S. law considers as "protected" nearly any computer logged onto the Internet. Civil liberties groups have frequently complained that obtaining permission from a judge is too easy for this type of e-mail tracing; if an investigator merely attests that the information is relevant to an ongoing investigation, a judge can't deny the request. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Marian Karr From: Kelvyn.Anderson@phila gov Sent: Tuesday, November 19, 2002 11:23 AM To: update@nacole.org Subject: [NACOLE Update] Tulsa OK - Officer fired over fraudulent prescription From NewsChannel 8 News: Tulsa Police Officer Fired Location: Tulsa Posted: November 19, 2002 10:27 AM EST URL: http://www.ktul.com/showstory.hrb?f-n&s 63438&f1-1oc A Tulsa police officer has been fired after being accused of obtaining a prescription painkiller by fraud. Police Chief Dave Been fired officer Michelle Norma Turner Monday after internal affairs investigators determined she obtained hydrocodone by fraud. The investigation began in September after Internal Affairs received a citizen's complaint. Tulsa Police Sergeant Wayne Allen says Turner had worked for the department for ten years. Allen said the District Attorney's Office declined criminal prosecution based on the evidence available. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Tuesday, November 19, 2002 11:39 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh Inquest (Note: The Pittsburgh Housing Authority is beyond the CPRB jurisdiction - ECP) Inquest next month for killing hy police Tuesday, November 19, 2002 By Hichael A. Fuoco and Jim McKinnon, Post-Gazette Staff Writers A coroner's inquest will be held as early as next month into the fatal shooting Friday of a Hill District man in the Bedford Dwellings public housing development by an undercover Pittsburgh Housing Authority police officer. Chief Deputy Coroner Joe Domenick said mid-December was the earliest that an inquest could be held into the death of Bernard Rogers, 26, because of all the work that must be completed before then. That includes interviews and other investigative reports by the Pittsburgh homicide squad, which is handling the probe of the shooting, toxicology and tissue tests, ballistics tests of the gun that fired the fatal shot into Rogers upper left chest, and any reports generated by the district attorney's office. The coroner's office conducts inquests any time someone dies while in police custody or as the result of police actions. The inquest will seek to determine if the use of lethal force was justified and, if net, what charges should be filed. The inquest findings then would be forwarded to District Attorney Stephen A. Zappala Jr., who could accept, reject or alter the inquest recen~endation. Rogers was unarmed when a Housing Authority officer, whose name has not been released, fired three shots at him at about 1:30 p.m. during what the officer told investigators was a struggle with the victim inside an apartment en Bedford Avenue. Two of the shots missed. Rogers was struck and killed by one shot, which was fired at close range, an autopsy shewed. Prior to the shooting, that officer and two others were in the housing development conducting an investigation of drug selling there. They saw what they thought was a drug transaction between two men -- one of whom they stopped and searched but found no drugs, and another, who went into the building. The officers entered the building and knocked on apartment doors, looking for the second man. During their search, a woman answered the door of a second-floor apartment and one of the officers, hearing noise in a back bedroom, went to investigate. There, the officer told detectives, he confronted Rogers, who had his hands in his pockets. The officer said Rogers charged him and knocked him down, ran into the living room and knocked a second officer over a couch. That officer said he struggled with Rogers and fired three shots at him. Rogers, wounded, ran outside and collapsed on the sidewalk. Some civilians told investigators a different story -- that the officers shot Rogers as he ran away from them down the stairwell, a scenario not supported by the autopsy report. The three officers involved in the incident have been placed on paid administrative leave. According to court documents, Rogers' only reported brush with the law occurred in April 1999. Housing Authority officers said he violated six traffic laws on April 16 when he ran a stop sign in the Hill District, refused to pull over for police and led them on a chase. Police said he abandoned his car and fled on foot. Nine days later, Housing Authority police Lt. William Seyko and an officer no longer on the force spotted Rogers in the 800 block of Francis Street and apprehended him. According to the documents, Rogers resisted and struggled with them. At one point, Seyko reported, Rogers grabbed onto his bolstered pistol and only let go after Seyko pried his fingers off. One year later, Rogers pleaded guilty to resisting arrest and two of the six traffic violations. He was sentenced to six months' probation and fines and costs of $689.50. The victim's mother, Joyce Rogers of the Hill District, said her son had been harassed by Housing Authority officers who repeatedly stopped and questioned him about drugs. She claimed that city police, too, had recently been doing the same at the request of Housing Authority 2 officers. That prompted her son to file a complaint with the city's Office of Municipal Investigations, which investigates allegations of police misconduct. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/updatenacole.org Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Wednesday, November 20, 2002 9:35 AM To: Update@NACOLE.org Subject: [NACOLE Update] LA: Gang War Update. 7 More Shootings, follow 13 weekend deaths http;//www !atimes,com/news/Iocal/la-me-shooting s20nov20004439,0,160977.story?coll=la%2Dheadlines%2Dcalifornia Seven More Shot in L.A. After Chief Bratton sounds alarms over 13 deaths on 'four horrific days,' gang violence rages on in the south side of town. By Jessica Garrison and Daniel Hernandez LA Times Staff Writers Nov 20 2002 Seven people were shot on the streets of South Los Angeles Tuesday night in less than an hour, continuing a spate of violence in the city for the fifth straight day. One man was killed and two were critically wounded. Between 6:40 and 7:15 p.m., attackers opened fire on men and women between the ages of 20 and 25 in three separate incidents. Police said at least two of the shootings appeared to be gang-related. "We do have a gang war. We have several," said Capt. James Miller of the 77th Street Division as he surveyed the scene of the third shooting at 76th Street and Western Avenue. 'Tve had 77 gang-related homicides this year, involving 46 gangs, so that's where my problem is." The shootings followed one the deadliest weekends on Los Angeles city streets in recent memory. Thirteen people were killed between Friday night and Monday, in what Police Chief William J. Bratton called "four horrific days." Bratton has warned that the city could become the homicide capital of the U.S. by the end of the year. A total of 592 possible homicides have occurred so far, the most since 1996. A highly disproportionate number of the shootings have taken place in South Los Angeles, and Bratton on Tuesday said the department would begin a push to tackle the violence there. The chief already has already ordered police officials to beef up their patrol presence and has met with civic leaders to discuss what the community can do to help. Within hours of Tuesday night's shootings, Bratton was calling officers on their cell phones asking to be briefed, officials said. The first attack took place on the corner of 83th Street and Western Avenue. A man was shot in the head and later died. Police said they didn't know what the dispute was about. The next two appeared to be gang-related, officials said, but involved different gangs. Shortly after 7 p.m., at 66th Street and Vermont Avenue, one woman and two men were struck about 7:10 p.m., the woman in the leg, one of the men in the back and the other in the leg. They were in stable condition. Five minutes later, 76th and Western, three people were attacked in another walk-up shooting. This time, one man was hit in the head, one in the chest. They were in critical condition. A third was shot in the leg and was in stable condition. No one was in custody. Loren Hickenbottom, 21, said he had dodged bullets and his friend was struck as they stood outside an apartment building at 83rd and Western. the scene of the first attack. "Four people dressed in black walked up, showed us guns in their waistband and started shooting. No words were said," he said. As he was giving a statement to police, Hickenbottom said, he heard the shots at 76th and Western and raced over. 11/20/02 Page 2 of 2 "How is something not going to be related if it happened within minutes of each other?" he said. Neighbors stood nervously talking a few yards from police tape marking off an alley near 76th Street. Several said they had heard gunfire, but no voices or cars. "It was just quiet, and all I heard was pop, pop, pop," said an 18-year-old who declined to give his name. Darlene Lavender, 40, a 30-year resident of the neighborhood, criticized police. "All this shooting? What are they doing? Nothing. They're not doing something right," she said. The "new chief'', Hickenbottom said, "can't do anything. [Former Police Chief] Bernard Parks' own granddaughter got killed, and he couldn't do anything about it." 11/20/02 Page 1 of 3 Marian Karr From: Michael Stedman [MStedman@baldwinpark.com] Sent: Wednesday, November 20, 2002 9:51 AM To: 'King Downing'; Update@NACOLE.org Subject: RE: [NACOLE Update] FW: [GBCRC] man-min sentences, US Atty I thought King's comments were worthwhile and certainly thought provoking - some questions and thoughts came to mind after reading the material. (1) (haven't read Cleat's essay) - It seems that there are at least two issues here, first, the issue of high levels of incarceration cencentrated in impoverished communities, and second, the issue of long terms of incarceration when there is incarceration. Sullivan obviously believes longer incarceration improves public safety - and certainly there is an argument that is true. The RAND Corporation concluded California's three-strikes law would reduce crime and improve public safety, although at a very substantial monetary cost. If it is high levels of incarceration concentrated in impoverished communities that destabilizes, then is the effect of longer incarceration really dealing with the issue? Is the point that we need less cases of actual incarceration and not just less time of incarceration across the board? One author wrote (cannot remember right now) that when young males are concentrated in high numbers in impoverished communities, that in itself destabilizes the community because of young males propensity to engage in more at risk behavior. I agree that instituting draconian "zero tolerance" (or no exercise of discretion is permitted regarding sentencing enhancements) is not to the benefit of the individuals or the community. Gun violence issues are a different story. Thank you Mike Stedman ..... Original Message ..... From: King Downing [mailto:KDowning@aclu.org] Sent: Monday, November 18, 2002 4:01 PM To: Update@NACOLE.org Subject: RE: [NACOLE Update] FW: [GBCRC] man-min sentences, US Arty As to Sullivan's arguments that the longer sentences increase public safety, I would refer you to Todd R. Clear's essay "The Problem with 'Addition by Subtraction:' The Prison-Crime Relationship in Low-Income Communities," by (from the book Invisible Punishment: The Collateral Consequences of Mass Imprisonment, edited by Marc Mauer and Meda Chesney-Lind, 2002-The New Press, New York). He concludes: Well-established theory and a solid body of evidence indicate that high levels of incarceration concentrated in impoverished communities has a destabilizing effect on community life, so that the most basic underpinnings of informal social control are damaged. This, in turn, reproduces the very dynamics that sustain crime. The underlying assumptions of the conventional wisdom that Clear challenges must be put to its proofs before further harm is done. King Downing National Coordinator Campaign Against Racial Profiling-ACLU 125 Broad Street New York, NY 10004 212-549~2558/kdowning@aclu.org ..... Original Message ..... From: Malvina Monteiro [mailto:mmonteiro@Spike. CI.Cambridge. MA.US] Sent: Monday, November 18, 2002 9:57 AM To: Update@NACOLE.org Subject: [NACOLE Update] FW: [GBCRC] man-min sentences, US Arty 11/20/02 Page 2 of 3 Today's Globe has the original, longer version of the below AP story taken from the Globe and now posted on the Herald website. http://www.b~st~n.c~m/dai~yg~~be2/32~/metr~/T~ugheherfedera~-sentences~~ushed+.shtm~. Please keep me "posted" as to further "discussion(s)." Marty Rosenthal w 617-742-0606; h 617-738-6621 U.S. attorney seeks longer drug, gun sentences http://www.bostonherald.com/news/local regional/ap_~entl 1162002.htm Associated Press Saturday, November 16, 2002 BOSTON - U.S. Attorney Michael Sullivan has ordered federal prosecutors to seek longer prison terms for defendants convicted of drug and gun offenses - in some cases adding up to 30 years. For drug convictions in particular the move bucks a national trend against lengthy mandatory-minimum sentences, which critics say too harshly punishes indigent, non-violent defendants. Sullivan's "enhancement" policy means a convicted drug dealer's 10-year sentence could double if he has a prior drug conviction in state court. This while federal drug sentences have dropped by more than 20 percent in the past decade, according to the U.S. Sentencing Commission. "This is a kind of sea change in the practice of this office," Sullivan told a Boston newspaper. "I think it's important that we use the tools that allow for the most significant punishment." Before Sullivan announced the change internally earlier this year, prosecutors used their discretion when seeking "sentencing enhancements," which are allowed under federal law. They increase the mandatory minimum sentence for drug dealers with previous felony drug convictions. Now, prosecutors are required to deploy the enhancements in every applicable case - no exceptions. "Michael Sullivan sits there knowing that it's politically correct, that it makes for great press for a politician or prosecutor to say no to plea bargaining and to demand enhanced sentences," defense lawyer Kevin Reddington told the paper. Attorney Charles Rankin, who heads a group of court-appointed defense lawyers, said the policy is "appalling." "Indigent defendants are getting hammered by this U.S attorney's office, and it's appalling," Rankin said. "The sentences people are getting are huge and to what end? Just because the government wants to be tough and macho." Sullivan, a former state representative who once challenged U.S. Sen. Edward Kennedy, says the move is about common sense - not politics. 11/20/02 Page 3 of 3 "This has nothing to do with politics. Any time you make a decision, there will be someone on the sideline who anonymously will criticize you," he said. "It improves public safety, and beyond that, it sends a message to others." Copyright 2002 Associated Press. Copyright by the Boston Herald To unsubscribe from this group, send an email to: gbcrc-unsubscrlbe@yahoogroups, com Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. 11/20/02 Page 1 of 1 Marian Karr From: Casanova, Pedro E. (MDPD) [pecasanova@mdpd.com] Sent: Thursday, November 21, 2002 2:26 PM To: 'Suelqq@aol.com' Cc: Carpenter, Temple (MDPD); Stolzenberg, Glenn S. (MDPD) Subject: RE: face-to-face mediation Hello Sue: With regard to the recommendation made by Dr. Diaz for the Miami-Dade Police Department to "look at" face-to-face mediation for minor complaints, the following are questions that need to be posed to all the participating agencies before we can make any specific inquiries or take any further action: I. Does your agency use a face-to-face mediation process to address and/or resolve minor complaints/ disputes between complainants and officers in lieu of disciplinary action? 2. Who is the contact person in your agency that is able to answer specific questions regarding the mediation process? 3. What types of complaints qualify for face-to-face mediation? 4. What type of tracking system is the agency using to track the mediation process, and what documentation is involved? 5. Who is responsible for getting the mediator? Who am the mediators? Qualifications? etc, etc, 6. Where are the mediation sessions held? 7. Are there time constraints that dictate when the sessions are held? 8. Does the complainant have to agree to drop the case if all parties agree? Any further action if all parties do not agree? Is the mediation binding? 11/21/02 Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Friday, November 22, 2002 12:35 PM To: Update@NACOLE.org Subject: [NACOLE Update] San Fran: Charges of Botched Probe in Cop Fracas Charges of botched probe in cop fracas Police didn't follow protocol, sources say Susan Sward, Jaxon Van DerbekenLChronicle Staff Writers Friday, November 22, 2002 ©2002 San Francisco Chronicle. URL: bttp:/[~fgDte.com/cgi-bin/article.cgi?file=/c/a/2002/11/22/MN870~4.DTL San Francisco -- San Francisco police who responded to an alleged assault by three off- duty officers failed to take several basic steps in the crucial first hours of their investigation, apparently breaking department rules, police sources said Thursday. The incident involved two men who said they had been assaulted, one of whom was bleeding profusely in the street outside a bar. But police didn't immediately check the off-duty officers' clothes and shoes for blood or conduct tests to determine whether they were drunk, said the sources, who spoke on condition they not be identified. The first officers on the scene also failed to have the two alleged victims -- 23-year-old Adam Snyder and his friend Jade Santoro, 25 -- formally identi~ their suspected assailants, Snyder said. Police sources said such an identification is standard police procedure. One of the three off-duty officers is Alex Fagan Jr., 23, son of Assistant Chief Alex Fagan Sr., the department's second-in-command behind Chief. The other two officers being investigated are David Lee, 23, and Matt Tonsing, 21. None of the three has been arrested, and all were placed on desk duty while the case is investigated. Police sources say the younger Fagan, who joined the department recently, is still on probation, though his class ended its rookie status Sunday. It is unclear why he remains on probation, but sources said he had been accused of violent conduct before the latest incident. None of the three officers was available for comment Thursday. Jim Collins, an attorney who is representing the younger Fagan, said, "The little bit I have learned indicates to me at the end of this case my client will be exonerated." VVhile police sources are certain that some police procedures were not followed after the incident early Wednesday at Laguna and Union streets, the details of what happened remain murky. For one thing, at some point the three off-duty officers left the scene, but it is not clear that they did so with the permission of investigating officers. The three turned up later Wednesday morning at Northern Station, but it is not known how long it took them to get there and where they were in the intervening time. Once the officers were questioned, police sources said, they refused to make statements to investigators about what had happened. 11/22/02 Page 2 of 3 'ABSOLUTELY NO BIAS' Capt. Paul Chignell, who took over the investigation Wednesday along with Capt. Marsha ^she, said the department is conducting "a thorough investigation in which we'll get to the bottom of what happened. We have assigned this case to senior, experienced inspectors and there absolutely will be no bias or coverup." Chignell added that since his inspectors were assigned the investigation, "there has been no undue influence from any member of the command staff, including Assistant Chief Fagan.' The elder Fagan did not return calls seeking comment. As Chignell's inspectors look into the case, Snyder's account of the incident is one thing they will study closely. Snyder said he did not learn that the men who he says attacked him and his friend Santoro were off- duty officers until Wednesday afternoon, when The Chronicle told him. That reinforced the questions he had immediately after he and Santoro were attacked just b~fore 2:30 a.m. Wednesday, he said. Snyder said the assault began after he refused one of the three men's demands that he turn over a container of food. Snyder said the container held two steak fajitas he was taking home. Snyder said the attack occurred as he and Santoro were walking to their cars after leaving the Blue Light bar, where Snyder works as a bartender in the upscale neighborhood just north of Pacific Heights. Snyder said the attackers dragged and kicked him, leaving him with a bruised and swollen right knee and a swollen back. Santoro, who was beaten bloody, said in a brief interview Thursday that he had suffered a broken nose and that doctors at San Francisco General Hospital had put staples in his head to close a wound. Snyder said his assailants drove off after the attack, then returned in their pickup after investigating officers arrived. He said he had told investigators it "was the same truck and license plate." "When we were standing waiting for the medic unit to arrive," Snyder said, "Jade asked police to bring the guys over and he'd say who did what. There was no response from the two or three officers who were standing with us. At that point they had stopped the truck about a block from where we were." Snyder said he looked up at one point and the truck was gone. The investigators told him the truck and officers were being taken to the police station, he said. QUESTIONS ABOUT HANDLING Santoro declined to comment on anything but his injuries until he has conferred with his attorney. But Snyder said, "We did nothing to provoke this. "He said Santoro had only a beer and a shot over a period of about an hour and a half and he had about half a beer more than six hours before the incident.. "1 would like to see that these gentlemen are no longer police officers," Snyder said. "Anyone capable of doing this when they are not in a uniform should not be allowed to put on a uniform." 11/22/02 Page 3 of 3 Of the investigating officers' conduct, Snyder said: "Everything that happened that night made me have questions about how it was handled -- why weren't Jade and I immediately identifying the three?... Now I am worried they will get away with it." On Thursday, Snyder gave a one-hour taped interview to two inspectors and went to the Hall of Justice lab, where his injuries were photographed. Snyder added that pictures were taken of Santoro's injuries while he was being treated at the hospital. Snyder also said the investigators had told him they would hold a lineup later to give him and Santoro a chance to identify their attackers. District Attorney Terence Hallinan's office said prosecutors were looking into the case and hadn't decided whether to file charges. "These charges are serious, and if they turn out to be true, he will certainly prosecute this case vigorously," said Mark McNamara, spokesman for Hallinan's office. Before the incident, the three officers had been at an off-duty police banquet at the House of Prime Rib several blocks away on Van Ness Avenue, police said. The event at the restaurant, which is a popular police hangout, was to honor the elder Fagan's appointment as assistant chief. FAGAN SR.'S SUSPENSION For the department's second-in-command, the incident involving his son brings unwanted attention. Two years ago, when he was captain of Northern Station, the elder Fagan was suspended for a month without pay after he had two accidents in his unmarked police car on the same day. He left the scene of one accident pledging to return with his driver's license, but didn't. At the time, two members of the five-member Police Commission argued that Fagan should be relieved of his command at Northern Station and be given a desk job. Wayne Friday, the commissioner who was assigned to handle the case, argued successfully that Fagan was a good cop and should be kept in his command job. Mayor Willie Brown named him assistant chief in July. Chronicle staff writer Wyatt Buchanan contributed to this report. /E-mail the writers at sswardC_.sfchronicle, com and jvanderbeken@sfchronicle, com. 11/22/02 Marian Karr From: Stewart, Laud [lauri.stewart@ci.portland.or. us] Sent: Friday, November 22, 2002 4:11 PM To: Update@NACOLE.org Subject: [NACOLE Update] Podland editorial -- Medals awarded to officers in shootings Silver medals for the guys with the golden guns 11/21/02 Given the enduring anguish of the family, there may never be a final chapter in the story of Jose Santos Victor Mejia Poor, but I believe we may have the capper: On Tuesday, the two cops who shot and killed the mentally ill Mexican national at a Portland psychiatric hospital were awarded medals of valor for the shooting. As Dave Barry would say, I'm not making this up. The family got a body bag, the hospital and the city of Portland got sued for negligence and civil-rights violations . . . And the shooters were lauded and applauded for their "personal courage and devotion to duty" during a ceremony at the Newmark Theatre. "It was a tragic situation, where the mental health system let a person down," said Sgt. Brian Schmautz, a Portland police spokesman. "That does nothing to negate the fact that the officers followed proper bureau procedure." Officers Jeff Bell and Christopher Davis -- who shot Mejia Poot when the 29-year-old epileptic refused to drop a metal bar -- weren't the only ones singled out for their use of deadly force. Au contraire: Each of the 12 Portland cops involved in a fatal shooting within the past two years got a handshake from Chief Mark Kroeker and a medal. Nor did the self-congratulatory affair end there. Also celebrated for courage, "calm professionalism" and "using excellent judgment during a dangerous situation" was the Special Emergency Reaction Team. In January, a suspended TriMet contract driver named Clayton Jasmin began blasting away at a bus and other targets from the second floor of his apartment on Southeast Milwaukie Avenue. The SERT team eventually surrounded the apartment building, then began to evacuate tenants from the line of fire. In the process, officers made two near-fatal errors. They mistakenly placed the shooter in the wrong apartment. Then, they pounded on Jasmin's door on the ground floor, unaware they were standing in front of an entryway to his second-story shooter's nest. That took guts, I'll grant you, but "excellent judgment?" In response to those knocks, Jasmin fired 15 rounds through the door. At Jasmin's sentencing, Officer Mike Stradley of the SERT team told him, "I was one of the ones standing in front of the door you fired through. I will always remember a little hole exploding three inches from my eye." That is all too often the cop's lot, to face a bullet or the threat of one. The police routinely do what the rest of us don't: They risk their lives to keep the peace. For that selfless bravery, they deserve glory, laud and honor. As fatal shootings are especially traumatic -- Schmautz quotes studies that 50 percent of the officers involved in one aren't cops five years later -- I understand cops benefit from a public ceremony that acknowledges the ordeal. But since Kroeker arrived, those ceremonies have become increasingly dramatic, playing the Benson and enlisting the likes of Lorenzo Lamas to hand out the medallions. The result is a particularly aggressive form of validation for officers who, unlike the Mejia Poots of the world, survive a fatal shooting. Not only is every such shooting justified, but also each one demonstrates "an act of valor." K roeker has so many medals to peddle that he's gone back to 1987 incidents. Last year, Officer Cheryl McGinley was honored for her role in the fatal shooting of a 14-year-old boy who fired on officers. Her partner at the 1 scene, Craig Ward, was not similarly honored, perhaps because he didn't fire the fatal shot . . or because he was involved in the infamous possum incident. After Mejia Poot's death, Officer Ed Riddell of the crisis intervention team, said, "I don't think anyone wants to make the same mistake twice. We're making changes. What lives are we saving by having these conversations?" How about this for the next conversation starter: Where are the medals for the cops who, faced with the option of using deadly force, don't kill the guy who may deserve it? I look forward to the day the bureau considers such restraint at least as valorous as putting some angry, befuddled soul out of his misery. Steve Duin: 503-221-8597 or Steveduin@aol.com <mailto:Steveduin@aol.com>. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 2 Page 1 of 1 Marian Karr From: Suelqq@aoi.com Sent: Friday, November 22, 2002 4:37 PM To: Update@NACOLE.org Subject: [NACOLE Update] Former Sellers SC Police Chief Sentenced for Drug Distribution Posted on Wed, Nov. 20, 2002 .= Former Sellers police chief pleads guilty to misconduct Associated Press SELLERS, S.C. - A former Sellers police chief has been sentenced to six years in prison after pleading guilty to distributing marijuana from a police department evidence locker. Willie Fore Jr., 47, pleaded guilty to misconduct in office Monday, Attorney General Charlie Condon said. Judge James E. Brogdon, Jr. said Fore's sentence will be suspended after he spends six months in prison and two years on probation. Fore, who served as the town's police chief for about eight years, is charged with conspiring and distributing marijuana, according to a warrant. Officers found 327 grams of marijuana and a small bag of cocaine in a vehicle driven by Fore's secretary, Philesa Marie Braddy, after she was stopped on a traffic violation on Dec. 7, an affidavit from the State Law Enforcement Division said. Braddy told officers that Fore, who was police chief at the time, removed two bags of marijuana from an evidence locker and gave it to her and a friend to sell. 11/22/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Friday, November 22, 2002 4:37 PM To: Update@NACOLE.org Subject: [NACOLE Update] LA: Body County Rises; Bratton Pitches for $; November 22, 2002 Steve Lopez: As Body Count Rises, Top Man in Blue Pitches for Green Six days, 16 bodies, and blood runs hot in the streets of Los Angeles. What to do? You won't find any answers from Mayor Jim Hahn. He's in China, lobbying for a couple of pandas. Hahn might not be able to deliver the bears, we're told. But he did deliver a new chief of police a month ago, and it hasn't taken Bill Bratton long to take control of the city in Hahn's absence. Get angry, Bratton ordered the entire metropolis this week. Share his outrage and join the fight to reclaim the streets. Given the mounting body count, I don't know if we ought to be encouraging more anger. But whether you like Bratton's swagger or not, I can't remember anyone getting the whole city to pay attention to something other than a Laker trophy run. Maybe our Rust Belt import still hasn't figured out that Los Angeles is a far-flung collection of separate worlds. North of the 10 Freeway, there isn't going to be much hand-wringing over LA.'s first-place standing in the national murder derby unless the next corpse turns up at one of those Hollywood cocktail parties that Bratton's been crashing. At least that's my take. But Bratton says he expects to enlist every last one of us in his crime-fighting strategy, and his confabs with the glamorous and the powerful are part of it. He was ticked off, he said, about an editorial in this paper mentioning he'd been hobnobbing with Cindy Crawford while the bodies were piling up a few miles south. "You think it's a lot of fun sitting with Cindy Crawford?" Bratton asked. I can't say. Send me over there to deputize her in the war on crime and I'll let you know. "What I'm attempting to do is get all those communities angry about this, and you're correct, it's difficult to do in West L.A. and up in Brentwood, because they don't experience it. They can slough it off or shrug it off. "But what's the headline people are seeing across the nation? L.A., Murder Capital. Investors won't come here, businesses won't locate here." OK, so we all have a stake in it, economically if not morally. But I still wasn't clear on Cindy Crawford's role as a crime- fighter until Bratton said the magic word. Money. He's going to hit her up, and the same goes for a lot of other celebs and high-rollers, some of whom, I might add, make obscene stacks of cash on violent enter[ainment in a city where parents are afraid to let their children walk to the corner. Bratton even used the term "Brentwood set" in naming likely targets. My guess is that he's going to either charm them out of their walking-around money or keep talking long enough that they'll write a check just to make him go away. The ghost of Jack Webb and 300 of LA.'s finest couldn't convince me that Broadway Bill finds hanging out with celebs a tedious but necessary part of his job. I'd even wager that he figures he's a bigger celebrity than half the Botoxers he's eating tiny sandwiches with. But the money isn't for him. It's for programs he says will get at the root causes of violence. Education, counseling, gang 11/22/02 Page 2 of 2 intervention. Bratton says he can't stop crime from the back end when it's already too late. And he can't stop crime without an escort. '1 want to go after gangbangers, but I don't want to go in there alienating the community with insensitivity and unfocused enforcement," he said, telling me he's met for hours with community leaders in South Los Angeles. "They want us to come in. But while they have a fear of gangs, they also have a fear of us, and we need to get rid of that fear. The only way to do it is ... through all this cooperation and meetings, listening and learning." One idea Bratton wants to steal is Baltimore's "Believe" program, a privately funded advertising campaign aimed at uniting the city to address its problems and celebrate its successes. I'm told by my Baltimore sources that Believe is more show than substance, but Bratton thinks it could be part of the solution in L.A.. It's also the kind of thing you or anyone else can make a donation to if Cindy Crawford is too tight to cover the entire cost. "It reaches out to all factions, rich and poor," Bratton said. "The business community went crazy because there were ads on TV with dead bodies, people shooting up. But you force people to face up to the reality.... It seeks to rally the city around the cause, and the idea that you can make a difference." Can Bratton? I don~t know. Talk is cheap, and it's too soon to know whether he's a guy who mends fences or starts fires. A lot of people thought his call to anger was out of line, saying decent people have been both angry and scared for years in places where bullets fly every night, often taking the lives of innocents. But Bratton is the first guy I've heard talk to residents of this city as if they ought to care about something in a neighborhood other than their own. "It's about rebuilding trust between police and the community," he said. "We need that same idea of trust between the Korean and black community, which still has open wounds because of the riots; we need trust between whites and blacks and Hispanics. Trust between all of us. "We can make this the safest city in America, and that might sound pie in the sky, but it's stuff I sincerely believe in." One month in town, and he already sounds more like the mayor than the mayor. Steve Lopez writes Sunday, Wednesday and Friday. Reach him at steve.lopez@latimes.com. 11/22/02 Page 1 of 4 Marian Karr From: Suelqq@aol.com Sent: Sunday, November 24, 2002 8:36 AM To: Update@NACOLE.org Subject: [NACOLE Update] High Court To Hear Miranda Challenge http://www Jatimes.com/news/Ioca!/!a-na-miranda24nov24 story High Court to Hear Miranda Challenge Ruling in Oxnard case could reinterpret landmark decision on rights during police questioning. White House backs a change. By David G Savage Times Staff Writer November 24 2002 OXNARD -- Maybe you don't have a right to remain silent after all. The Supreme Court in its landmark Miranda opinion ruled that police must respect the rights of people who are held for questioning. Officers must warn them of their right to remain silent, and, equally important, honor their refusal to talk further. But that widely known rule is about to be reconsidered in the high court in the case of a farm worker here who was shot five times after a brief encounter with police. Legal experts say the case has the potential to reshape the law governing everyday encounters between police and the public, While the farm worker lay gravely wounded, a police supervisor pressed him to talk, to explain his version of the events, He survived, paralyzed and blinded, and sued the police for, among other things, coercive interrogation, But Oxnard police assert that the Miranda ruling does not include a "constitutional right to be free of coercive interrogation," but only a right not to have forced confessions used at trial, Bush administration lawyers have sided with the police in the case. The Supreme Court will hear oral arguments on Dec, 4. Police can hold people in custody and force them to talk, so long as their incriminating statements are not used to prosecute them, U.S Solicitor Gen. Theodore B. Olson and Michael Chertoff, the chief of the Just[ce Department's criminal division, say in their brief to the court. It "will chill legitimate law enforcement efforts to obtain potentially life-saving information during emergencies," including terrorism alerts, if police and FBI agents can be sued for coercive questioning, they add. Legal experts on the other side of the case foresee far-reaching effects if the police prevail. "This will be, in essence, a reversal of Miranda," said University of Texas law professor Susan Klein. "Officers will be told Miranda is not a constitutional right. If there is no right, and you are not liable, why should you honor the right to silence?" she asked. "1 think it means you will see more police using threats and violence to get people to talk. Innocent people will be subjected to very unpleasant experiences." It was early evening on a November day five years ago when Oliverio Martinez, 29, rode his bicycle down a path and across a vacant lot toward a row of small homes. Two officers, Andrew Salinas and Maria Pena, had stopped to question a man they suspected, wrongly it turned out, of selling drugs. VVhen they heard a squeaky bike approach in the dark, they called for the rider to stop. Martinez dismounted and put his hands over his head. In a leather sheath on a waist band, he carried a long knife that he used to cut strawberries. 11/25/02 Page 2 of 4 When the officer patted him down and grabbed for the knife, Martinez tried to run. Salinas tackled him and tried to handcuff him. As they struggled on the ground, the officer called out that the man had a huge knife. Pena moved closer and fired. One bullet struck Martinez near the left eye and exited behind his right eye. A second hit his spine. Three more shots hit his legs. When patrol supervisor Sgt. Ben Chavez arrived, a handcuffed Martinez lay bleeding on the ground. Once Martinez was loaded into an ambulance, Chavez climbed in with a tape recorder in hand. On and off for the next 45 minutes in the ambulance and at the hospital, he repeatedly asked the gravely wounded man to admit he had grabbed the officer's gun and provoked the struggle. In agony, Martinez is heard screaming in pain and saying he is choking and dying. "OK. You're dying. But tell me why you were fighting with the police?" Chavez asks. "Did you want to kill the police or what?" he continues. One officer had said Martinez tried to grab his gun. In the emergency room, Chavez continued to press Martinez to tell him what happened. "Why did you run from the police?" Chavez is heard to say over the sounds of nurses and doctors. "Did you get his gun? ... Did you to try to shoot the police?" Martinez in a Iow voice responds: "1 don't know.... I don't know." Lawyers for Martinez say he panicked when the officer tried to tackle him, but they say he did not grab the officer's gun. In the emergency room, he is heard asking Chavez several times to leave him alone. "1 don't want to say anything anymore." "No? You don't want to say what happened?" the sergeant continues. "It's hurting a lot. Please!" Martinez implores, his words trailing off into agonized screams. Undaunted, Chavez resumes. "Well, if you're going to die, tell me what happened." Silence came only when pain medication took hold, and Martinez faded into unconsciousness. Martinez survived, although he would not see or walk again. He sued Oxnard police for illegal arrest, the use of excessive force and coercive interrogation in police custody. Under a post-Civil War law, city and state officials, including police officers, can be sued in federal court if they violate a person's rights under the U.S. Constitution. A federal judge in Los Angeles cleared Martinez's case to go to before a jury. Oxnard's lawyers said the allegations against Chavez should be dismissed because the patrol supervisor was merely trying to learn what had happened. U.S. District Judge Florence Cooper disagreed and said his questioning suggested he had sought to obtain an admission from Martinez that would clear the two officers. In the past, the Supreme Court has said police cannot be sued unless they violate "clearly established" rights. Before the case could be tried, Oxnard's lawyers appealed on behalf of Chavez saying he had violated no clearly established right. (Under California law, cities and counties are responsible for paying money verdicts against their office rs.) But the U.S. 9th Circuit Court of Appeals rejected Oxnard's appeal and said the facts as alleged, if proven at a trial, would justify holding Chavez and the city liable. The 9th Circuit judges said the rule against coercive police interrogation had been established decades before the Miranda decision of 1966. "Sgt. Chavez doggedly pursued a statement by Martinez despite being asked to leave the emergency room several times," wrote Judge Richard Tallman. "A reasonable officer, questioning a suspect who had been shot five times by the 11/25/02 Page 3 of 4 police and then arrested, who had not received Miranda warnings and who was receiving medical treatment for excruciating, life-threatening injuries ... would have known that persistent interrogation of the suspect despite repeated requests to stop violated the suspect's 5th and 14th Amendment right to be free from coercive interrogation." The Miranda decision grew out of the 5th Amendment, which says no person "shall be compelled in any criminal case to be a witness against himself." This has long been known as the right against self-incrimination. The Supreme Court in the 1950s and '60s struggled in a series of cases to decide whether a person's confessions to the police had been voluntary or compelled. Often, a suspect claimed to have been beaten, but the police denied it. In one case, five members of a Los Angeles family had been held in jail for more than a week before one of them talked. In frustration, Chief Justice Earl Warren announced a broad new rule in Miranda vs. Arizona. He said that because police questioning is inherently coercive, officers must warn suspects of their rights before questioning begins. His opinion and others that followed it described the so-called Miranda warnings as limitations on the police. But all along, some lawyers and law professors have questioned whether the Miranda warnings themselves are a constitutional requirement. When Oxnard's lawyers appealed the case of Chavez vs. Martinez to the Supreme Court, they asked a basic question. Is there a constitutional right to be free of coercive police interrogation? The answer to that question should be no, they said. And they cited a reliable source for their view: Current Chief Justice William H. Rehnquist, a frequent critic of Warren's opinion in the Miranda case. In a 1990 ruling, Rehnquist commented that the right against self-incrimination in the 5th Amendment was a "trial right." Police cannot violate this right when they force someone to talk, since "a constitutional violation occurs only at trial," the chief justice said. The National Assn. of Police Organizations, the California attorney general's office and the Criminal Justice Legal Foundation in Sacramento all have urged the court to use the Martinez case to make clear that the Constitution does not limit forceful police questioning. "Contrary to the 9th Circuit's conclusion, there is no 'right to silence,'" said Oxnard's lawyer Alan E. Wisotsky. Since Martinez was not prosecuted for anything he said, his rights were not violated by Sgt. Chavez, he concludes. The pro-police advocates say that torturing a suspect, or perhaps denying him food and water for an extended period of time, would be unconstitutional. They say that "shocking" or "brutal" police conduct could be punished. However, "the fact that a federal appellate court has allowed [a lawsuit] for Sgt. Chavez's brief, comparatively benign questioning demonstrates the need to clarify the law," said Charles Hobson of Criminal Justice Legal Foundation. Klein, of the University of Texas, filed a friend-of-the-court brief on behalf of the National Police Accountability Project. She argued that innocent people will be particularly vulnerable if the court rules the Constitution does not forbid coercive police questioning. Criminal suspects still can insist their incriminating statements not be used against them at trial. But an innocent person who is held for questioning would have no right and no remedy, she said. Two years ago, the high court took up a well-publicized challenge to the Miranda decision and ultimately refused to overturn it. Rehnquist, a long-time critic of Miranda, surprised many by writing the decision for the 7-2 majority. But his opinion did not describe the Miranda decision as limiting the police. Instead, he said it means that some incriminating statements "may not be used as evidence in the prosecution's case." Former Los Angeles prosecutor Steven Clymer, now a Cornell University law professor, said the Martinez case will decide "what Miranda really means on the street. I think the court will say it is OK for the police to violate Miranda. You are not violating the Constitution when you ignore Miranda," he said. That will affect how police behave, he said. "If the guy says, 'Stop, I don't want to talk,' or he says, '1 want to see a lawyer,' you [as a police officer] aren't going to get anything out of him," he explained. If the officer continues the questioning and pressures the suspect, he or she may learn valuable information, such as facts about the crime, the location of a weapon or the names of other suspects or witnesses. All this information can be used against the suspect, even if incriminating statements cannot be used at a trial. "If you're the officer, you look at the costs and the benefits," Clymer said. And many police officers will decide it is better to ignore the suspect's right to remain silent than to respect it, he said. Clymer, who has an article in the Yale Law Review next month titled "Are Police Free to Disregard Miranda?" said the 11/25/02 Page 4 of 4 Supreme Court would be "more honest if it just overruled Miranda." Such an outcome would surprise many. "A generation of Americans have been brought up with the belief that we have a right to remain silent," said Ben Wizner of the ACLU of Southern California. Los Angeles lawyer R. Samuel Paz, who is representing Martinez, said he is surprised by the strange turn in the case. "They are taking a radical position," Paz said of Oxnard's lawyers. If they are right, it "would permit officers to engage in the most egregious and abusive conduct in violation of decades of 5th Amendment jurisprudence," he wrote in his brief to the court. Although most lawyers who have followed the case think the Rehnquist court will overrule the 9th Circuit and side with Oxnard, some think the brutal shooting will cause several justices to hesitate. The court could decide the case narrowly by focusing on whether Martinez was in police custody at the hospital or whether the law regulating Chavez was clearly established. But the justices agreed to take up Oxnard's appeal posing the broad question of whether the Constitution regulates police questioning that does not lead to an incriminating statement in court. For Martinez, the slow-moving legal battle has proven to be a new type of agony. Now 34, he lives with his father in a one- room trailer on a farm field in Oxnard. He is in a wheelchair and wears dark glasses, covering his missing eye. "Everything has changed. I can't do anything for myself," he said in an interview. His father leaves food on the stove each day before leaving so his son can warm his lunch. "1 depend on my dad. It's very difficult for me," he said. Oxnard's lawyers have refused requests to pay for any therapy for him. Regardless of what happens in the Supreme Court, Martinez and his lawyers say they will continue to press their claims for illegal arrests and excessive force against the Oxnard police. The city's lawyers say they are not wirling to make payments or a temporary settlement. The three officers involved in the Martinez shooting remain on the Oxnard police force and suffered no disciplinary action as a result of it, city lawyers said. 11/25/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Sunday, November 24, 2002 8:46 AM To: Update@NACOLE.org Subject: [NACOLE Update] Commentary: Stop the [LA] Killing? LAPD Can't Do Its Job & Everyone Elses.. http:~wwwJatimes c~m~news~ca!~a~me~!~pez~24n~v24~7~364~9 c~!umn?c~=~a%2Dhead~ines%2~ca~if~rnia Stop the Killing? LAPD Can't Do Its Job and Everyone Else's Too Steve Lopez November 24 2002 "Bill Bratton, control your cops," said a sign held by a protester outside the LAPD's Parker Center downtown. The demand followed a police shooting that left two teenagers dead. Los Angeles Police Chief Bratton, never bashful, quickly counterpunched. "Control your kids." In just four weeks on the job, Bratton has become de facto mayor, camp counselor and provocateur. And that exchange neatly frames the challenge for Los Angeles, which will probably have more homicides in 2002 than New York, a city with twice as many people. How do you stop the killing, much of which is gang-related? How do you restore order to the point where law-abiding fo]ks aren't afraid to let their children outside? Police can do a far betteriob, as Bratton has admitted. But when he said control your kids, he was telling the city that cops alone can't do a job that parents, teachers, ministers and politicians have failed at. And it wasn't hard to find people who agreed. "Where in the hell is the so-called black leadership when we need them most?" asks Tony Wafford, a black friend who's an AIDS prevention activist. "Those mothers were all over the media talking about 'Barbershop,' a b.s, movie." Najee Ali, an activist and former gang member, said that if black leaders are going to denounce police abuse, they ought to get just as militant about black-on-black crime. "We have to give the message to the community to turn in these killers," Ali said, "because the silence is partly to blame for the murders." Easy to say. But rat out a drug dealer or murderer, and if it gets back to the hoodlums, the price is steep. "Whenever I hear that response, I always say the risk is greater in not cooperating to bring the killer to justice," Ali said. "He might target you or someone in your family next." Luis Rodriguez, who counsels both black and Latino gang members, probably wouldn't disagree with that. He spent most of his childhood as a hoodlum, mostly in neighborhoods east of Los Angeles, so he knows how it works. By age 7, he was a thief. By 11, he was running with the Lomas gang. By 13, he was locked up. By 17, he was stabbing and shooting people. By 18, no fewer than 25 of his friends were dead. Rodriguez barely got out with his life, and he went on to become an accomplished writer. His first book, "Always Running, La Vida Loca: Gang Days in L.A.," was an attempt to "control" his own son, to borrow 11/25/02 Page 2 of 2 from Bratton. It didn't work. At age 27, the son is six years into a 28-year sentence, and Rodriguez travels the city and the country as a counselor and storyteller, trying to save gangbangers and wannabes from a fate worse than his son's. If Bratton can lock up every last gangbanger standing on a corner, good for him, Rodriguez said when I drove up to Sylmar to see him. But then what? Going to prison doesn't mean they're out of business, said Rodriguez, now 48. From behind bars, they might still be calling shots on the streets, where armies of kids will step in to replace them in the drug and turf wars. Rodriguez didn't give me a song about economic and racial isolation, both of which put kids on the streets with nothing to lose. He touched on the lousy schools and lousy jobs, but said no one is more inept at keeping kids out of trouble than the people who know them best. The people of their own community. "Why are parents all fearing the same things for their children, and never talking about it together?" he asks. About a year ago, Rodriguez scanned the gang-ridden landscape of the northeast San Fernando Valley, and couldn't find a bookstore or a theater. So he opened Tin Chucha's Cafe Cultural on Glenoaks Boulevard, next to a Pizza Hut. The day I met with him, he was expecting as many as 100 kids for weekly film night, a documentary on the Gulf War, with discussion to follow. Six days a week, he serves up art, history, music and an open-mike discussion of books, current events and community concerns. There's an obvious hunger for it, he says, because he gets good-size crowds of adults and even more kids. "If you could put something like this in every neighborhood of the city, I think you could make a difference," says Rodriguez. He took issue with Bratton for telling the city to get angry about the dead and dying. "We don't need more anger - there's anger enough. We need imagination. Intense dialogues.._ Meaningful relationships between adults, teachers, mentors and youth. More art and creative means of pulling out of the crises we are in. "You can't just work the back end. Bratton is looking from there and surmising the problem is lack of emotion. He's wrong. Plenty of emotion to go around. Not enough thinking. Sharing. Risking. Dreaming. Building. Loving. You name it." I disagree in part. Bratton is a cop, not a social worker. His job is to put troublemakers in jail, not enroll them in an arts and crafts program, and when he asked the city to get angry about all the bodies in the streets, he was only trying to stir people to action. If Rodriguez could open a dozen more centers like the one in Sylmar, I bet Bratton would gladly cut the ribbons. The chief has been tapping celebrities for cash to fight crime and save kids' lives, and if he can point to a success like Rodriguez's, it might be easier to shake that money loose. We can control them, we can cuff them. Orwe can bury them. Steve Lopez writes Sunday, Wednesday and Friday. Reach him at steve.lopez 11/25/02 Marian Karr From: Kelvyn Anderson [kwa357@yahoo.com] Sent: Monday, November 25, 2002 5:41 AM To: update@nacole,org Subject: [NACOLE Update] Feature on Philadelphia's Top Cop/Safe Streets NACOLE MEMBERS: Our Mayor and Police Commissioner are determined to make the "Safe Streets" initiative a national model for cleaning up drugs. Federal legislators and law enforcement academics are paying close attention. Mayor Street said last week the cost will be $100 million over five years, plus the obvious stress on line officers working tons of overtime, etc. While this effort may seem identical to similiar initiatives we've seen over the years, Police Commissioner Johnson's street-level popularity (with both cops and citizens) has created a new sense of momentum (and some criticism from the Mayor's political opponents) throughout the city. Stay tuned... Kelvyn Anderson Police Advisory Com~ission Posted on Mon, Nov. 25, 2002 Top cop takes policing personally Sylvester Johnson walks the corners and neighborhoods taken back by Operation Safe Streets By DAN GERINGER geringd@phillynews.com AFTER SPENDING 37 years working his way from foot patrolman to top cop, Sylvester Johnson gambled all his hard-earned credibility on Operation Safe Streets. Barely two weeks after becoming police commissioner in late April, Johnson launched his multi-million dollar, overtime-driven cleanup of the city's 300 worst drug corners by keeping cops on the corner up to 24 hours a day. His baby is now six months old and, depending on who you ask, it's Godzilla or godsend, hell-bent or heaven-sent. Johnson, 59, could~ve retired as the Police Department's number two guy with a nice pension. He could've walked away from decades of battling the city's relentless, bullet-riddled corner drug sales with weed-and-seed, down-with-dope-up-with-hope, operation this, operation that, marches, rallies, meetings and memorials. Lots of memorials. Instead, he floated his Old Millennium, almost-nostalgic idea - the uniformed "serve and protect" cops on the corner shielding good citizens from bad guys with such a high New Millennium price tag that for six months, Mayor Street refused to say how many millions it costs. Last week, Street put a $100 million price tag on it over the next five years - $35 million next year, $25 million in '04, $15 million in '05, and $12.5 million each in ~06 and '07. His $100 million commitment to Safe Streets is astounding. So is Johnson's. The commissioner said he intends to keep those overtime cops on the city's 300 worst drug corners "for as long as it takes." After the failure of so many war-on-drugs programs that solved little, why would Johnson risk his rep for Operation Safe Streets? He relaxed his impassive, just-the-facts-ma'am "cop face" to show his intense anguish: "From '92 to '98, we locked up 54,000 people. Hany ef them get out almost as fast as we locked them up. Se 54,000 arrests don't mean a thing if I can't come outside my house because I'm afraid of getting shot. That don~t mean a thing if my children can't play outside my house." Prevention mode As a veteran of countless come, unity meetings where decent people showed him their scars and begged for his help, Johnson takes the drug war personally. When he drives through North Philadelphia to talk to residents and the uniformed cops who protect them on the city's worst drug corners, he drives alone. No bodyguards, no entourage - just Johnson guiding his black Ford Crown Victoria Police Interceptor through streets he grew up in and has remained connected with throughout his four decades as a cop. "I walk these streets alone because the people who live here have been walking these streets alone all their lives," he said, allowing a reporter and a photographer to accompany him on a routine ride. Johnson calls the operation destruction-by-disruption of corner dealing. "We're not in arrest mode," he said. "We're in prevention mode. We're in 'disturbing' mede. When two cops are standing en the corner, we know a buyer and a seller can't get together en that corner." He said this as he drove through North Philadelphia's version of a demilitarized zeno - eerily deserted ghost-town streets, some with more abandoned houses than occupied ones; rubble-filled lets, sterefronts with the faded names of businesses that died long before all but the oldest of the current residents were born. "I was talking to the officers at 12th and Huntington when an old woman - I think she said she was 87 - approached me and gave me a hug and thanked me," Johnson said. "The woman said, ~I just strolled down te the stere.' She said it just like that: strolled. When she got to the store, the guy asked her what she wanted. She told him, 'Nothing. I came because this is the first time in two years that I could come here at night without fear.' " That woman, Johnson emphasized, is at the heart of what Safe Streets is all about: turning the city's most predatory corners into normal neighborhoods again. Hinutes after he said this, Johnson was standing at 8th and Jefferson - a notorious heroin and cocaine marketplace that is now drug-free - talking with officers Richard Alderson and Greta Lamar, when a tall, elegant woman walked up. "Hy parents are in their 80s and they can finally sit outside, thanks to you," said Ivy Lewis, who retired after 26 years as a Philadelphia public school teacher. "I grew up here, but I don't live here anymore. They've lived all their lives here. They won't move. There is a bullet hole in their car. I see police on the corner, I can ge home and net worry about stray bullets. I thank you for that." Her mother stood en the sidewalk half a block away and waved. Johnson savored the moment. On first impression, Johnson seems the polar opposite of his extroverted predecessor, John Timoney. Yet, Timoney hand-picked the stolid, quiet-spoken Johnson as his second-in-command, then as his preferred successor. "He's not flashy, nothing like yours truly," Timoney deadpanned. "He's not a braggart in any way - which, in some sense, as commissioner, you have to be. But he has this crime-fighting thing in the gut." Timoney said that Johnson's cop's-cop credibility stretches back to 1972, when the off-duty police corporal was shopping with his 6-year-old son at a Cheltenham supermarket, and walked into the middle of a gunpoint robbery. As a female shopper shielded Johnson's son on the floor, Johnson shot two gun-wielding robbers, one of whom shot at him first. A third robber fled. Johnson was given the city's highest honor, the Award of Valor. "He was a hero within the department," Timoney said. "He was in all those units that cops look up to: detectives, homicide, highway patrol... He was not a pencil pusher. That's important for cops. Don't underestimate that. I knew the troops would rally behind him." So did Cynthia Johnson, the commissioner's wife of 38 years. "It started with the children in East Division and seeing them suffer instead of just being able to play outside on the street, seeing them not being able to lead a normal life," she said. "The younger generation of drug dealers was taking over the corners because they thought nobody cared. The neighbors thought nobody could do anything about it. But when the Safe Streets police stepped out on those corners, the neighbors banded together with them. That's how Sylvester wanted to take the streets back. And that gave the children a chance to be outside and be safe. "Sylvester is courageous. He is a workaholic. I am so proud of him." Grew up in projects Born in Pocomoke City, Md., Johnson grew up in the Tacony Projects and then on Bouvier Street near Huntingdon, in North Philadelphia. His father worked at the Naval Supply Depot. His mother worked at the Bayox Cigar factory. He went to Stanton, Fitzsimons Junior High and Dobbins. "I graduated at 17 on a Thursday night," he said. "By Monday, I was in the U.S. Navy. You didn't go to college in my neighborhood. After the Navy, Johnson joined the Philadelphia Police Department in October '64, working his way up by the book from foot patrol to Highway Patrol, homicide detective, police corruption investigator, narcotics deputy commissioner to Timoney's right hand and finally commissioner - never losing his focus on street-level policing. By the mid-80s, Johnson was a lieutenant with North Central detectives and Wilson Goode was the city's first African-American mayor. "I was told that the mayor was looking for a black lieutenant to head his security detail and that there would be lots of overtime," Johnson said. "I told Mayor Goode, 'I don't want it.' I saw it as a finesse job, not a police job. I wanted to do police work. The spring and summer went by. I kept saying no. In October, Conunissioner Tucker called me in and offered me two choices: go to the mayor's office, or quit." Johnson went to the mayor's office. "First day," he remembered, "a deputy mayor said, 'Have my car gassed by 3.' Then he left a note on my desk in big red 3 letters to remind me to gas his car and deliver a package for him. Later that day, he came by to find out why it hadn't been done. I said, 'I'm not going to gas your car. You're a grown man. Deliver your own packages.' Johnson remembers Tucker calling him in and telling him, 'You've been at the mayor's office four days. I've already gotten eight complaints.' Johnson replied, 'I'm nobody's servant.' " Tucker agreed. Johnson and Goode became friends. "The thing that I found refreshing about him was that he was always very direct," Goode recalled warmly. "I think the basic thing about him is that people like him. He's like your next door neighbor. He's a person you can talk to because he seems like a person you've always known, a regular guy." Pleased with progress When Johnson pulled up at 8th and Jefferson recently, both Safe Streets cops there were working the second half of a double shift. They weren't complaining. "The other day, I was working the Whitehall projects in the Northeast," Officer Alderson said. "I've been a police officer for 23 years, and I've never been thanked so much in one day." Officer Lamar said she was working the 1600 block of Filmore in the Northeast, when suddenly she found herself surrounded by children. "I never knew there were so many children on that block," she said, "because this was the first time their mothers felt it was safe enough to let them out to play. Then they left the kids with us. Ail day long. Those kids wore me out." Johnson was pleased by the corner's peacefulness. "We know that those who sell drugs live in our neighborhoods," Johnson said. "Of the 309 homicides in 2001, 40 to 50 percent were drug-related, and of those drug-related homicides, 85-90 percent involved African-Americans or Latinos. But of the 392 people who went to a hospital after overdosing on drugs, 75 percent are white. "So we know that those who sell drugs in minority neighborhoods live there, but many of the buyers are outsiders and they are Caucasian. Safe Streets cops make the buyer afraid to approach the seller. I want the whole city locked down like this." Not evezybody accepts anecdotal success stories as evidence that Safe Streets is worth all that overtime. "I have the utmost respect for Sylvester Johnson," said City Councilman James Kenney. "He is a true hero, a fine commissioner and has been a terrific conenander in this police department for a long, long time. "But Safe Streets sounds to me like it's chasing young drug guys from one corner to the next without attacking the root of the problem, which is supply and large drug organizations. Did we stop doing that? What's going on? "And how long will this program really be in place? Till just after the November 2003 election?" After Street finally released his $100 million price tag last week, Kenney said, "Considering the dire financial situation he said we're in, that number is very stark and very large. He mentioned things like raising taxes and cutting jobs. In Council, we have no control over what information he gives us and when he gives it to us. It's very problematical to work this way. If Safe Streets is such a wonderful program, tell us exactly what it has done." South Philadelphia Councilman Frank DiCicco agreed. "Do the Safe Streets results justify the cost, or is it like the problem with 4 prostitutes?" DiCicco asked. "If you move them from one corner to another, what have you accomplished? The mayor says crime is down in Safe Streets neighborhoods. Where are the facts to back this up? Takes corner personally Johnson pulled over at the infamous 9th and Indiana, once a 24-hour drug corner, now quiet and manned by the Narcotics Strike Force 24 hours a day. Johnson remembers that in an adult lifetime of police work, "I had never seen a corner like 9th and Indiana. It was the land of the living dead." When Mayor Ed Rendell made him Deputy Commissioner/Narcotics in December 1997, Johnson remembers being told that it was so far gone, the city would never take it back. "I said, 'We'll take it back, and we'll keep it.' Ever since then, I've always taken this corner personally." "Somebody has to be here all the time," said Narcotics Sgt. Joseph McCloskey. "That's how it works." "And you can thank that man right over there," he added, pointing to the departing Johnson. "I think a lot of stuff that's bad is bad because we let it be bad," Johnson said, driving. "Especially," he added meaningfully, "in certain areas of the city." Now, Johnson said, it's all about patience and teamwork. "As long as there's a chance to save a life, I've got all the time in the world." Or as leng as it takes. Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://ma±lplus.yahoo.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Monday, November 25, 2002 8:17 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh Police Shoot/Injure Suspect http://www.post-gazette.com/neigh city/20021125copshootingl125p2.asp City chief says police shooting o~ suspect was justified Monday, November 25, 2002 By Tom Barnes, Post-Gazette Staff Writer A city police officer shot a suspect twice early yesterday because the man pointed a gun at him and tried to fire it, Pittsburgh Police Chief Robert W. McNeilly Jr. said. Officer Joseph Lewis, assigned to the Hill District station, fired seven shots at Angelo Randolph, hitting him twice, in the collarbone and right buttock. The shooting occurred just before 2 a.m. on Forbes Avenue near Stevenson Street, Uptown, McNeilly said at a news conference last evening. He said the shooting was justified. Lewis and his partner, Officer Jerry Kabala, were in plainclothes, patrolling the Uptown area in an unmarked car after hearing reports of shots being fired shortly after midnight. About 1:50 a.m., they saw a large crowd of people gathered on Fifth Avenue and began circling around the streets. Nearby, on Stevenson Street, they saw Randolph and another man crouching in the back seat of a Geo Prism. "That's suspicious. They stopped to investigate," McNeilly said. The two men jumped out of the car. Randolph ran down Stevenson and then onto Forbes with the officers in pursuit. After a short distance, he pulled a weapon, pointed it at the officers and tried to fire it. Lewis shot him. The other suspect got away and is still being sought, McNeilly said. Lewis is on paid administrative leave pending an investigation of the shooting, but McNeilly said Lewis was justified in firing to protect his own life. Randolph "pulled a weapon from his waistband and pointed it at the officers," he said. "The officer had to use deadly force in this incident. Officers are expected to protect themselves. Mr. Randolph is lucky. He would have been much better off if he had just stopped and put his hands up." McNeilly conceded it was "fortunate for the officers that the gun ja~ned." Kabala didn't fire his weapon because Lewis was in his line of fire, the chief said. He said there is a video of the incident, caught on a camera mounted outside Mercy Hospital to monitor activity outside the building. Police are examining the video. Randolph~s weapon, a 9 mm gun, was found on the ground. There was a "double feed," a situation in which "two rounds are trying to get into the chamber at once," so it jammed, McNeilly said. A second weapon, a revolver apparently belonging to the man who got away, was found in the back of the car, he added. Randolph, 27, of Uptown, who also uses the name Shawn Spencer, was taken to Mercy Hospital for treatment after the shooting. He was initially listed in serious but stable condition but was released last evening. Randolph was to be arraigned on four charges in Night Court last night. One of the charges against him is possession of a firearm by a convicted felon. McNeilly didn't have any information on Randolph's prior conviction. The other charges are carrying a weapon without a permit, aggravated assault and reckless endangerment. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Monday, November 25, 2002 8:29 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pittsburgh COP Reorganization <http://www.pghcitypaper.com/archives/newsarch/briefs/briefsO2/nbll2OO2.html ~briefl> COPping Pleas writer: Chris Potter (Pittsburgh City Paper) You couldn't blame Pittsburgh Police Chief Robert W. McNeilly Jr. if, after a Nov. 12 public hearing about his plans to reassign 80 officers in the Community Oriented Policing (COP) program, he wished he'd assigned a COP officer to the meeting itself. COP officers act as liaisons to city neighborhoods, where they walk {or bike) a beat and get to know community leaders. The program is intended to help officers target problems early, and more than three dozen citizens turned out to support the program at the hearing, the first formal public discussion of MoNeilly's September decision. Most echoed the remarks of Brookline resident Bill Feineigle, who said, "I'm afraid we've lost a very good thing." Instead of reporting directly to co~anders in charge of the city's six police zones, COPs have their own chain of command. As a result, McNeilly says, some COPs aren't as task-oriented as they could be: "If we're having rapes happening in certain neighborhoods, I can't afford to have officers taking kids fishing." McWeilly insisted he was only making officers more accountable: "These officers aren't going to evaporate .... It's our intention to continue to do community policing." But the changes go beyond bureaucratic shuffling; COPs would become "Community Problem-solving Officers," who could be pulled from neighborhoods to address problems elsewhere -- or to direct traffic for sports events. Some suspect McNeilly is trying to cover up manpower shortages: Shift logs obtained by City Paper show that one-third of officers may be absent from duty at any one roll call because of illness, training or other assignments. And that was before Mayor Tom Murphy proposed a 2003 budget that could cut the department by 100 positions (some of which are currently unfilled). McNeilly has told City Paper: "I don't see much of a change" in police presence because of future cutbacks. Pittsburgh has 32 officers per 1,000 residents, he says, while similar cities have 28 officers or fewer. But Feineigle contended that while police "had drugs just about chased out of Brookline," the problem is "back in full force because we don't have the people out there," thanks to COP program changes already made. Echoing several speakers, Lemington Elementary School Principal Yvona Smith griped, "I was never asked as to whether our COP was important." McNeilly asserted: "We constantly get co~unity feedback," but said feelings about the program were mixed and, as with any tough decision, "[Y]ou will never get consensus." He doesn't need it -- the hearing was convened by the Pittsburgh Citizens Review Board, whose reoo[mmendations are non-binding -- and he certainly didn't get it Nov. 12. As Mount Washington resident Harry Liller put it, "The community wants this .... It makes them feel safer." Update mailing list Update6nacole.org http://nacole.org/mailman/listinfo/update nacole.org ! Page 1 of 1 Marian Karr From: Suelqq@aol.com Sent: Monday, November 25, 2002 11:32 AM To: Update@NACOLE.org Subject: [NACOLE Update] Cincinnati Police Board Job Still Open Friday, November 22, 2002 Cincinnati Police board job still open Despite short list, manager to keep looking for right person By Robert Anglen The Cincinnati Enquirer After winnowing a list of 100 applicants to head Cincinnati's new citizen police oversight agency to two, and interviewing them this week, City Manager Valerie Lemmie said Thursday she wants to keep looking for new candidates. Just as the process seemed to be winding down - with the investigative manager of New York City's Civilian Complaint Review Board and the superintendent of Ohio's Bureau of Criminal Identification and Investigation being tapped for interviews - Ms. Lemmie said the position will stay "open until it is filled."Originally, Ms. Lemmie indicated she would select an executive director for the Citizens Complaint Authority from the city's short list of candidates. But now, she said, other parties in the city's two 2002 landmark legal settlements - which call for the agency as part of a series of massive police reforms - are concerned that the best person for the job has not yet been found."Everyone knew we had a short list. They didn't feel we had a strong, competitive group," Ms. Lemmie said. "It is in our interests to find a candidate that all collaborative partners agree with."The fledgling agency will replace the former civilian-run Citizen's Police Review Panel and the city's Office of Municipal Investigation, the only independent agency to investigate allegations of police misconduct. Both agencies were heavily criticized inside and outside the city for being ineffective. Lawyer Al Gerhardstein, who represents the Black United Front activist group in a lawsuit accusing police of discrimination, said he doesn't think the right person has been found. "Our goal is to get to the point where we all stand together when this person (is) selected," he said. "There has been an ongoing process. We aren't satisfied that we are done yet?This is the second time that Ms. Lemmie has extended the selection of an executive director. In August, Ms. Lemmie agreed to move back the hiring deadline to avoid a conflict with the Black United Front and Cincinnati's police union over how the applications were solicitedThe Citizen Complaint Authority is key not only in the lawsuit settlement, but also in a settlement with the Department of Justice, which ended a federal investigation of the police department. According to the Justice Department agreement, the authority was supposed to begin operations Aug. 9. Ms. Lemmie said Thursday that she expects the agency to be up and running by the first of the year. New York lawyer Carl Stoll and career Ohio law enforcement officer Ted Almay were interviewed this week for the positionMr. Stoll supervises a team of investigators who look into allegations of excessive force, abuse of authority and discourtesy committed by New York City police officers and was the department advocate for the Chicago Police Department."l reviewed all investigations of citizens complaints alleging excessive force and unreasonable searches and made recommendations for corrective actions," he said in his resume. "What I bring to the position is an abundance of experience in all areas of responsibility?Mr. Almay, head of Ohio's Bureau of Criminal Identification and Investigation, was the first head superintendent ever recruited from the bureau's ranks. He said the country is in need of a model for police oversight agencies and Cincinnati's new agency could fill that roll."My perspective is that this is a tremendous opportunity to restore credibility to the city of Cincinnati, community groups as well as the police department," he said. "It is a huge challenge, one that can be done successfully."E-mail ranglen@enquirer, com 11/25/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Monday, November 25, 2002 11:32 AM To: Update@NACOLE.org Subject: [NACOLE Update] Portland Maine: Lawsuits Filed Against Police Monday, November 25, 2002 Pair file lawsuits against Portland police By DAVID HENCH, Blethen Maine Newspapers Copyright © 2002 Blethen Maine Newspapers Inc. A man who says he was beaten by two Portland police officers while handcuffed has filed notice that he plans to sue the officers and the city for $4.8 million. Michael Esposito's girlfriend, Jessica Blanchard, also has filed a $500,000 notice of claim, saying she was dragged from a car by her hair and threatened. The notices follow the Cumberland County Grand Jury indictment of Detectives Patrick DeCourcey, 30, and Brian Regan, 34, on felony charges stemming from the arrest of Esposito on Sept. 26 in Portland's West End. The case comes in the midst of a Justice department investigation into whether a pattern or practice of civil rights violations exists among officers of the Portland Police Department. The city has indicated it may refuse to cover any punitive damages awarded in the case because of the severity of the behavior alleged and the fact that police officers have said they witnessed the alleged misconduct. "This is the first case I've been involved in (which) city employees have been indicted and charged with crimes when there's a related civil case that could also lead to damages and judgments against the employees and the city," said Gary Wood, Portland's lawyer. "Just as importantly, a key part of the case at least leading to the indictment was evidence and eyewitness testimony from other employees," which increases the credibility of the misconduct complaints, he said. "We want to make sure we take a look at all the issues involved and resolve them in a way that's fair to everyone and to make sure we are spending the public's money wisely," Wood said. Esposito's claims in his lawsuit are similar to those conclusions reached by the grand jury in bringing charges against DeCourcey and Regan, both eight-year veterans of the department who were assigned to the Maine Drug Enforcement Agency. They are now on administrative leave pending the outcome of an internal affairs investigation. Regan is charged with simple assault and tampering with a witness, a felony. DeCourcey is charged with aggravated assault, a felony, and assault. Both plan to plead innocent when arraigned later this month. The charges stem from an arrest Sept. 26 that began as a high-speed car chase into the city's West End at 9 p.m. Esposito ran from his girlfriend's car and hid in a backyard. Two patrol officers found him and handcuffed him. When Regan arrived, according to the notice of claim, he kicked Esposito in the head and punched him twice in the head. Esposito was then taken in an arrest van to another location, where DeCourcey climbed into the back of the van leaving the door slightly ajar, the notice says. There, DeCourcey punched Esposito in the face five times, the claim says. When he arrived at Cumberland County Jail afterward, jail officials refused to accept him because of injuries to his left eye, which were complicated because he is a hemophiliac, meaning his blood does not clot normally. He was hospitalized for the next 2 1/2 days for treatment. Esposito received a broken bone in his face and he has double vision in that eye, the claim says. It also says he suffers from nightmares, insomnia and stress. Esposito's lawyer, Clifford Strike, could not be reached forcomment. DeCourcey's criminal defense lawyer, Richard Berne, said the lawsuit shows that Esposito's true goals in the case are money. "From a criminal lawyer's standpoint, any complainant who files a civil companion suit to a criminal complaint, raises 11/25/02 Page 2 of 2 serious doubt about their motivation," Berne said. "Obviously, there's a strong economic motive to have someone like Pat convicted, which would be an enormous advantage in a civil suit." Berne noted that Esposito is the only one who says DeCourcey hit him. Berne also said the amounts cited in a notice of claim bear no relationship to the actual damages suffered. A notice of claim is a preliminary legal step a prospective plaintiff must take to preserve the right to file a lawsuit. The suit names the city, Police Chief Michael Chitwood, the two officers and the MDEA as defendants. Blanchard's notice of claim says that after Esposito fled and she climbed into the driver's seat, DeCourcey approached and ordered her to hand over her keys. He grabbed her by the ponytail and threatened to "break her neck" if she did not tell him where Esposito was hiding, the claim says. He then opened the door and pulled her from the car by her hair, the claim said, asserting that Regan was present and did nothing to intervene. The claim says that Blanchard was diagnosed with neck and back injuries, wore a neck collar for three days, and lost her job because she could not work. The City Council met in executive session Monday to discuss with Wood the extent to which the city would cover the legal costs incurred by the officers in the civil case. The officers are responsible for their own criminal defense. The city appears inclined to pay for the officer's legal defense in the civil suit, though it may reserve its rights to refuse to pay damages. "You want people to have ... an adequate defense, but clearly we can't be using a lot of public funds to pay damages when an employee acts in a way that is clearly inappropriate, outside the scope of their employment or just flat-out wrong," Wood said. Wood said he did not want to announce a decision about what the city would pay for until he had notified the officers' attorneys. The only recent instance in which punitive damages were awarded against officers --when Brent Cummings sued Officers Charles Libby and James Keddy were sued for excessive force following an Old Port brawl -- the city paid the $53,000 because city officials believed the officers were acting within the normal boundaries of their job and did not deserve to be punished. Wood said the city is not changing its policy with regard to providing legal coverage for officers. Instead, he said, each case will be reviewed on its own merits. The Justice Department's ongoing investigation was requested by the Police Department after a series of five excessive force lawsuits were filed against the city in 2001, including one which was settled for $600,000. After the city settled with Vincent Dorazio in the largest award of its kind in the city's history, a grand jury refused to indict the officers accused of hitting him and prosecutors said the city misjudged the strength of his case. Another of the five suits was settled for $17,000 in medical expenses. The two remaining lawsuits have been dropped. 11/25/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Tuesday, November 26, 2002 10:39 AM To: Update@NACOLE.org Subject: [NACOLE Update] Chief Talks, Listens in South LA httpillwwwJatimes,comlnewsl!ocail!a-me-homicide26nov26001438,0,2727170 story?co!l=la%2Dhead!jn es%2 Dcalifornia Chief Talks, Listens in South L.A. SeYeral hundred turn out and emotions run high in an area plagued by violence. Bratton says police need to win the community's trust. By Megan Garvey and Daniel Hernandez LA Times Staff Writers November 26 2002 Los Angeles Police Chief William J. Bratton went to South Los Angeles on Monday with a message for residents who have seen more than 20 killings this month. "We do not want to come in as an invading army, a platoon of strangers," he told several hundred people gathered to question the new chief at First AME Baptist Church. "We want to come in with authorization. We want to come in respectfully." In emotional -- and occasionally hostile -- meetings at two churches in one of the city's most troubled areas, Bratton heard demands for more police coverage set off against reminders of the historic tensions between Los Angeles' black community and its police. Shortly after his first appearance ended, the latest shooting -- an apparent drive-by about two miles from where Bratton spoke -- left one man wounded, police said. Many of the South Los Angeles residents who came to meet the chief said their nerves have been frayed by the wave of killings in their community, where the city has seen nearly half of the more than 600 homicides so far this year. "1 offer this challenge to you and to Mayor Hahn" said Qmii Jackson, who waited in line for nearly an hour to question Bratton at the day's first meeting at Mount Moriah Baptist Church. "Do whatever you would do to stop this war if it was your neighborhood. Do whatever you would do if you lived here." Jackson could barely speak through her sobs. For the first time in her life, she told Bratton, she was too frightened to leave her South-Central home last weekend when she needed medicine for her 6-month-old son. Her words contrasted with those of a man wearing a bright red T-shirt with the word "POLICE" crossed through on the front and "We ain't guilty" on the back. He ended his wait in line by yelling at Bratton: "You declare war on graffiti artists. You declare war on gangs, all of them kids. And now we have 20 dead and you instigated the pigs killing us. I see through you. You are sucker." The man then stormed out of the church before Bratton could answer. "1 heard their anger. I heard their anguish," Bratton said of his questioners. "1 heard their recommendations." The problem the city faces is "a lack of respect of human life" Bratton said. During the appearances, Bratton rejected the idea of flooding South Los Angeles streets with officers. Doing so would probably raise the ire of a community with a long history of confrontation with police rather than solve any problems. "The easiest thing is to go in and arrest everyone in sight," he said to the several hundred people at Mount Moriah. "But you cannot arrest your way out of this problem. We aren't going to come in and throw every black kid up against a wall. 11/26/02 Page 2 of 2 "We need to find a way in this oily to regain trust," he told the group, which included many local ministers. "We need to find a way to heal wounds between the police and the community." His eyes are open to the department's shortcomings, Bratton added. "There are some who are corrupt, who are uncaring, who are racist and they should not be there," he said. "But the vast, vast, vast majority are caring and courageous, and I need the community to understand that." Challenged by one man to replace his call last week for the city to "get angry" with words of reconciliation, Bratton refused to back down. "We need both, sir," said Bratton, who told those gathered that their neighborhoods had seen "more than their fair share" of violence. Bratton deflected a number of suggestions offered by community members. He told one woman a curfew for minors would be impossible to enforce with the current 9,000-member police force. In one heated exchange, Bratton tried to explain why the tactics used last week in two sweeps of downtown's skid row are not the way to combat South L.A.'s killings. "We were specifically targeting parole violators who prey on some of the city's homeless, some of the people least equipped to protect themselves," he said. "But they weren't killing anybody," shouted Diane Jones from a back pew. "1 beg to differ," Bratton responded from the lectern. "We had a murder there last week." "We had 20 in South-Central," said Jones, who had told the chief earlier that she had to crawl to safety last week when one of the volunteers at her organization, Pathway to Progress on South Broadway, was shot four times. Bratton again asked for community help in instilling values in children before they became involved in gangs. And he reminded people that much of the violence in the city was carried out by non-gang members against members of their own families. "The community listens to you. God listens to you," Bratton told the ministers at Mount Moriah. "1 need your individual and collective voice on this issue of mindless violence." When he was named chief by Mayor James K. Hahn, Bratton told The Times that he wanted to establish close ties with prominent leaders in the city's minority communities. In doing so, he said, he would be better able to keep local leaders informed of police action and reduce the likelihood of communities' exploding in anger. His meetings Monday, arranged through Councilman Nate Holden and Urban League President John Mack, mark the start of what Bratton says will be his continuing presence in South Los Angeles neighborhoods. Mack said Monday evening that he gave Bratton credit for reaching out to the community, but took note of a remark the chief made last week and urged him to apply the same standard to the department. "My caution to him is that in urging parents to control their own kids, he heed his own advice and control his rank and file," Mack said. 11/26/02 Marian Karr From: kelvyn_anderson@earthlink.net Sent: Tuesday, November 20, 2002 5:03 AM To: update@nacole.org Subject: [NACOLE Update] Las Vagus, NV Shooting Settlement Jon Summers, Reporter Metro Settles Cases to Avoid Court (Nov. 25) -- Two cases of alleged police misconduct just cost valley taxpayers more than a million dollars. Metro's Financial Affairs Committee settled two cases out of court in a move it believes saved taxpayer money, but did it? In most civil cases against police departments, juries side with the police. But both defense attorneys and Metro say trying to predict exactly what a jury will do can be costly, especially if you're wrong. According to Sheriff Jerry Keller, "In this case there were several system failures that compounded the errors and the misconduct and as a result we believe this is an appropriate settlement to resolve this case." The price tag of those "system failures" is $900,000 taxpayer dollars. That's the settlement amount between Metro and Juan Berry and James Suggs. In 1997 the men were involved in a fight with off-duty Metro officers at "The Drink." In a lawsuit, the two men claimed 5 officers conspired to have them arrested under false charges. Without admitting to particulars in the case, Metro settled with the two men for $900,000. Despite the amount of money it costs taxpayers to settle these types of cases, newly elected sheriff Bill Young says he'll actually work harder so settle more cases earlier on to keep them from coming to the courtroom: "It's kind of a crap shoot going into the civil arena, sometimes with a particular set of facts. And you know you got to make a decisions based on experience and history and you've got to have good legal advice." Going to court would have been a crapshoot for Suggs and Berry as well: most juries in civil cases side with police. So attorneys for Suggs and berry decided they would take the cash. Attorney Donald Campbell explains, "We had seen other verdicts similar cases throughout the country. This, as it turns out, has been the highest settlement that the Metropolitan police department has ever paid in any non-death case." And young wants to keep it from happening again. He says settling cases like this shortly after incidents occur will save taxpayer money, before costly attorney's fees start to mount: "I want to aggressively pursue settling these cases on the front end because what I feel bad for today is the taxpayer." Another case was also settled Monday: a three-year-old girl was awarded more than $300,000. Her father, John Perrin, was shot and killed by a Metro Police officer. While a coroner's inquest found the shooting justifiable, Metro wasn't sure how the case would end in court and decided to settle that one as well. How often does metro settle out of court? Over the last 12 months Metro says it settled 11 cases, for a total of more than $206,000. So that gives you an indication that cases like these two are rare. The settlement money will come out of Metro's insurance fund, which currently holds $7.6 million. Metro gets 39% of its funding from the county, 27% from the city of Las Vegas, and 34% from property taxes. ............................................... Yetta Gibson, Reporter Family of Victim Shot By Officer Await Settlement (November 22)--The family of a man killed by a Metro Police officer three years ago will soon go before a judge to fight for a $25 million dollar settlement. But already, Metro is ready to settle with other relatives. While the metro police department is not admitting fault in this case. It has agreed to a financial settlement with the victim's family. Metro is prepared to pay more than $300-thousand to John Perrin's wife and daughter: Sarah Strouse keeps her grandparents: Connie Perrin and Ron Strouse entertained and laughing. Behind the smiles though they are sad. It will be a while before Sarah fully understands why. In April 1999, Sarah's father, John Perrin, was shot to death by Metro Officer Bruce Gentner. Gentner stopped Perrin for suspicious activity. When Perrin reached into his waistband, Officer Gentner fired 14-shots. Connie Perrin's son was hit five times. "John was my soul and they took him away from me it's very difficult for me," says Perrin. "I think he over reacted...just shoot, shoot, shoot," says Strouse. A Coroner's inquest ruled officer Gentner's actions were justified. Sarah was born several months later. Metro is prepared to pay her and her mother $325,000. The family has also filed a $25 million dollar lawsuit against Officer Gentner and Metro. "The money will never bring back my son he was my heart I can never replace him," says Perri and Strouse explain to Sarah about her father. "We show her pictures and stuff and tell her Daddy's gone and while they both still feel pain," says Strouse. Perrin and Strouse say Sarah helps them both through it. "That's my angel baby," says Perrin. The family will head to U.S. District Court December 9th for their $25 million dollar lawsuit. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: kelvyn_anderson@earthlink,net Sent: Tuesday, November 26, 2002 5:17 AM To: update@nacole.org Subject: [NACQLE Update] Tulsa OK - Paper seeks info on suit by black cops Tulsa newspaper asks to intervene in lawsuit 2002-11-25 By The Associated Press TULSA - Much of the information included in a proposed settlement to a discrimination lawsuit filed by black police officers would be kept from the public. The Tulsa World is fighting to ensure access to the records, asking a federal judge to allow the newspaper to intervene in the eight-year-old lawsuit. "The city is spending millions to defend this lawsuit and will spend more to comply with the terms of the settlement," said Joe Worley, the newspaper's executive editor. "That is the public's money, and the public has a right to the information generated as a result. The confidence in the performance of the police department is at stake here." The Tulsa Police Department has estimated that it would spend $5.6 million initially to comply with the settlement terms and more than $880,000 per year in continuing costs. The lawsuit, filed by a group of black officers, alleges discrimination in hiring and promotions. It was nearly settled in April, when former Mayor Susan Savage and the plaintiffs agreed to a settlement proposal. But that settlement fell through after Mayor Bill LaFortune said he could not endorse it. LaFortune has issued a new proposal, and the city and the black officers are involved in settlement discussions. The mayor's proposal is similar to the earlier proposal -- except it asks the judge to keep much of the data confidential. The settlement calls for the city to create a database including officers' names, training received, complaints against them, pedestrian stops, traffic citations, arrests, searches and seizures, civil suits alleging officer misconduct and use of force reports. The city's proposal also calls for an independent auditor who would have access to a list of documents, including minutes of the police shooting review board and pursuit board and data on complaints against police. The proposal says the database and the list of records provided to the auditor would be kept confidential. Many of the documents would be open under Oklahoma's Open Records Act, but if the settlement provides for such a protective order, it is unclear whether the public could see them. The mayor said U.S. District Judge Sven Erik Holmes has ordered the parties not to discuss the case during the renewed settlement talks, which began Thursday morning. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 2 Marian Karr From: Malvina Monteiro [mmonteiro@Spike. Cl. Cambridge. MA.US] Sent: Wednesday, November 27, 2002 8:13 AM To: NACOLE Update (E-mail) Subject: [NACOLE Update] FW: New Title - Police Reform: Building Integrity, ed Prenzler & Ransley - E110 Hawkins Press is pleased to announce the release of: POLICE REFORM: Building Integrity, edited by Tim Prenzler and Janet Ransley. 2002, ISBN 1876067152, Paberback, 248pp, rfp AU $50.00 (excl. GST) Police work has been plagued by corruption and other abuses of authority. The past decade has seen renewed efforts to prevent and counter such abuse. Permanent institutions have been set up, proactive strategies adopted and extensive research done into the nature of police work and the inherent risks of corruption. What has been found? What has happened? What is likely to happen? Police Reform: Building Integrity presents the latest research on the causes and prevention of the many different types of misconduct that can beset policing. For more information, click on the title above (or www.federationpress com au/Books/Prenz!erRan$!ey.htm) or contact The Federation Press (details below). TO ORDER YOUR COPY In UK & Europe, contact Willan Publishing (UK), www wi!!anpub!ishing co,uk, email info@wi!!anpublishing,co,uk. In New Zealand, contact Dunmore Press, www.dunmore.oo.nz, email books@dunmore,co,nz. In all other countries, contact The Federation Press, ph (61 2) 9552 2200, fax (61 2) 9552 1681, email marketing@federa'¢onpress,com~u, or order online at www.federationpress,com.au using our online order form. We accept all major credit cards. Browse our full range of Criminology and Police Studies titles. Visit our website, and Search by Subject / All Other Subjects / Crimino!ogy and / Po!ice Studies. Please don't hesitate to contact us if you have any queries. With best wishes, Diane Young & Linda Nix Marketing The Federation Press Pty Ltd PO Box 45 Annandale NSW 2038 Australia Phone: +61 2 9552 2200 Fax: +61 2 9552 1681 Email: marketing~federationpress.comau Visit our website: www.federationpress.com,au FOR YOUR INFO: Your emait address has been taken from a publicly available list, which our authors suggested we use as you may be interested in this book. We will not be sending further information to you on any of our titles unless you 11/27/02 Page 2 of 2 specifically request us to do so. If you have any queries, please don't hesitate to contact us. 11/27/02 Marian Karr From: Hector. W.Soto@phila.gov Sent: Monday, December 02, 2002 9:23 AM To: update@nacole.org Subject: [NACOLE Update] NYTimes.com Article: New Light on Jogger's Rape Calls Evidence Into Question $RFC822 emi This article from NYTimes.com has been sent to you by hector.w.soto@phila.gov. New Light on Jogger's Rape Calls Evidence Into Question December 1, 2002 By JIM DWYER and KEVIN FLYNN We cut her clothes off with a knife, said one boy. That was my first rape, said another. It was fun, said a third. Once, those raw words scarred the city. Recorded in April 1989, they narrated the maiming and near-murder of a jogger in Central Park, recounted the rampage of teenagers who went into the park to rob and beat people, and ultimately provided the blunt power of confessions that sent five of those boys to prison for gang rape. More than a decade later, the official view of those words has taken a sharp turn. The Manhattan district attorney, Robert M. Morgenthau, has signaled that he is likely to join defense lawyers on Thursday in asking a judge to vacate the convictions built on those words. Mr. Morgenthau declined to be interviewed last week; he said in October that he had been surprised by evidence that emerged in the last year. "I didn't expect this," he said. The new evidence includes a claim by Matias Reyes, a convicted murderer and serial rapist, that he alone attacked the jogger. DNA tests not only proved his involvement, but also showed that physical evidence had been wrongly used at two trials in 1990 to implicate the five teenagers. While significant, the presence of Mr. Reyes in the assault and the collapse of the physical evidence did not clear the original defendants, Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Kharey Wise. Those developments did, however, prompt prosecutors to reconsider the original case, conducting scores of additional scientific tests and interviewing two of the convicted boys, dozens of witnesses, former detectives and others. At the core of the original case, prosecutors found two issues that call into question the involvement of those 1 five teenagers in the attack: the confessions that convinced two juries of their guilt, and the sequence of events that night. A reconstruction of the events in the park has bared a significant conflict, one that was hinted at but not explored in depth at the trials: at the time the jogger was believed to have been attacked, the teenagers were said to be involved - either as spectators or participants - in muggings elsewhere in the park. The confessions, too, look different in the re-examination of the case. Once they seemed to include the only reasonable explanation for what happened. Now, Mr. Reyes offers an alternative, backed with DNA results that make his version tenable. From the outset, the confessions have been the subject of high-volume contention, with charges from the defense that the teenagers were coerced or tricked into confessing, and with law enforcement officials countering that the parents of the three were present for their videotaped statements. The New York Times has examined the record of the proceedings - the tapes of the confessions and about 15,000 transcribed pages - over the last six weeks. That review could not provide an unambiguous resolution to the charges of coercion, because the cameras were turned on only after the teenagers had been in custody, in some cases, for 28 hours, and already questioned at length. The record does show that much of what the youths said about the rape was wrong, including when, where and how it took place. Indeed, their description of the location, the victim's clothing and other details makes it seem, in retrospect, almost as if they were talking about another crime. The importance of these descriptive errors was debated at the two trials. Speaking about the confession of Mr. Santana, the lead prosecutor, Elizabeth Ledeter, said, "Don't you think that the detectives would have made him say things that were accurate, if they forced him to make the statement?" In convicting all five defendants, jurors evidently agreed. For many New Yorkers who followed the case, the new versions reopened a chapter in New York history that seemed long closed. The boys each admitted going to the park in a loose gang that attacked runners and bicyclists, finally chasing down the woman, taking off her clothes and watching as she was raped. Each boy sought to minimize his own role. Given the frenzy of the attacks, the mistaken details were natural, but not important, Ms. Lederer argued. The confessions were honest. And, she pointed out, hairs from the jogger were found on two of the suspects. How could that have happened if they were not involved? That evidence has not stood up. Earlier this year, advanced DNA tests showed that those hairs had not come from the victim. DNA tests also found Mr. Reyes's semen - and no one else~s - on swabs taken from the victim and a sock found near the scene of the rape. Advances in DNA testing have also contributed to a broader understanding that not all confessions can be believed, and 2 that few, if any, false confessions are the products of police conspiracies; a more likely formula, academic research shows, is some combination of vulnerable suspects and the investigative zeal inspired by dreadful crimes. One of the most intriguing new views of the case rises from the reconstruction of the sequence of events. By establishing that the teenagers were part of a crowd that was bothering or beating other people during the critical time of the rape, the reconstruction provides them with an alibi that is plausible, if not airtight, and certainly unsavory. "That was the issue," said Peter Rivera, Mr. Santana's lawyer in 1990. "But we didn't say, 'No, when the jogger was raped, my client was on 96th Street, mugging someone else.' That would have been self-defeating." The new inquiry into the Central Park case has been the subject of bickering between the district attorney's office and the Police Department. The agencies are divided over whether the convictions are simply legally defective or represent a fundamental miscarriage of justice. Some senior prosecutors and investigators in Mr. Morgenthau's office say they now believe that the five boys were probably not involved in the assault. Other former and current law enforcement officials, including police detectives and Linda Fairstein, the chief of the Sex Crimes Unit - who oversaw the prosecution when she was a member of the district attorney's office - continue to hold that the teenagers managed to have some contact with the jogger, and perhaps ran the jogger off the path, starting the assault that Mr. Reyes finished. Those convinced that the original case was sound are skeptical that a timeline, with a margin of error of a few minutes for a small part of the park, will ultimately be revealing. "I could argue that side of it to you," said one senior police official who has been involved in the inquiry, "and then I could change chairs and argue the other side just as strongly. It's hard to know." SequenceTrying to Pinpoint 40 Critical Minutes The critical period in the Central Park jogger case began a few minutes after 9 p.m. on April 19, 1989, and ended about 9:40. During those 40 minutes, a group of boys who lived in or near Schomburg Plaza on ll0th Street entered the park and started beating people as they moved south along East Drive. They continued the attacks on the other side of the 97th Street Transverse, at the reservoir running track. In the days after, the chief of detectives and the lead prosecutor said publicly that the rape of the jogger took place at 10:05, following the muggings near the reservoir. Newspapers including The New York Times published timelines that the authorities had constructed from the confessions of three of the five teenagers. Once investigators were able to retrace the woman's movements, they realized that the assault had probably taken place close to an hour earlier. "There is not the remotest possible chance this crime happened after 10 3 o'clock," Ms. Lederer said in court. That meant the rape could have happened only during the series of muggings along East Drive. That sequence called into question the reliability of the confessions, but juries at both trials of the case resolved the discrepancy and found the teenagers guilty. This year, senior Manhattan prosecutors are reconsidering the timing. Was there enough time for the same people to participate in the rape and the muggings? The jogger says she has no recollection of what happened. To investigators, the best evidence suggests she was attacked between 9:10 and 9:15, on a path that wound across the park from approximately 104th Street on the East Side toward 102nd Street on the West Side. The physical evidence shows that she was raped by one man; if others sexually assaulted her, they did so without leaving any biological trace. That evidence provides no guidance on the time of the crime. Still, her movements were not a secret. Based on the accounts of a neighbor and a friend, as well as her usual habits, it is likely that she left home by 9 p.m. and expected to be back about 40 minutes later. At 8:55, she bumped into the neighbor, James Lansing, in the hallway of their building at 83rd Street near York Avenue as she was heading to the park. They chatted for a moment about the best places to run, Mr. Lansing testified, and then the woman left. After that, the next confirmed sighting of her was four and a half hours later, at 1:30 a.m., when a police officer was sunm~oned by two men who discovered her, unconscious, in a wooded area of the park near 103rd Street. The police officer called for an ambulance. The woman had no identification. She had been due home on 83rd Street at 10 p.m. to meet Patrick Garrett, a friend from work, so he could look at her stereo. He later testified that he rang her bell and got no reply, so he called from a pay phone and left a message. The next morning, when she did not show up for work, he notified their supervisors. Eventually, the police called him to Metropolitan Hospital to identify the woman found in the park. It was his friend. No one could say what time she was struck down, but the woman, an investment banker, was a creature of habit. She ran the same route six nights a week at a pace of eight-minute miles, she testified. Her regular circuit took about 40 minutes. From her home to the spot on the cross drive where she was attacked, she estimated her running time at 16 or 17 minutes. That means she would have reached the crime scene between 9:10 and 9:15 p.m. If all had gone well, she would have completed her run and been home before her 10 p.m. appointment with Mr. Garrett. As she reached the northern end of her run, an evening of mayhem was just picking up steam. A group of about 30 boys had assembled before 9 p.m. and made their way into the park around ll0th Street. Most were between 13 and 15 years 4 old. During the critical time of 9 to 9:40 p.m., witnesses and the teenagers' statements placed the group in two areas: first, moving south along East Drive between 105th and 102nd Streets, where they attacked several bicyclists and a man on foot; and second, across the 97th Street Transverse, at the northwest end of the reservoir running track. Between 9:05 and 9:15 p.m., they attacked three people, each a block or two south of the preceding one. Michael Vigna, a competitive bicycle rider, testified that he had marked his pacing time from a big clock in Columbus Circle, and had calculated that it was 9:05 p.m. when he was hassled by a group of boys on East Drive, west of the Conservatory Garden, around 105th Street. One threw a punch as he rode past, Mr. Vigna said. The next victim, Antonio Diaz, was attacked a short distance south of Mr. Vigna, roughly where 103rd Street crosses East Drive. It appears that sometime after the Vigna attack at 9:05 and before 9:15, the group of boys found Mr. Diaz walking by himself. They knocked him to the ground, kicked him, then took his bag of food and beer. A police officer testified that he found Mr. Diaz wandering along a path at 9:30, and put out an alarm of an unruly crowd. Mr. Diaz did not give a clear account of the time, but one detail appears to place the incident between 9:05 and 9:15: a bag that contained beer bottles, taken from Mr. Diaz, was apparently discarded on the side of the road. Mr. Vigna, the bicycle rider, said the beer had not been on the road just before he ran into the group at 9:05. At 9:15, the beer bottles were spotted by Gerry Malone, who was sharing a tandem bicycle with his fiancee, Patricia Dean. The tandem bike riders are important time markers, along with Mr. Diaz and Mr. Vigna. If the jogger kept her regular pace, she would have reached the crime scene during this series of attacks. Mr. Malone, another competitive rider who tracked his speed, testified that his last time check had been 9:06, on the Newsweek building clock. Based on their pace, he testified, they reached East Drive south of 102nd Street at 9:15. There, a group of boys tried to block them. Mr. Malone said he bore down, hitting top speed as he headed straight for the boys, scattering them. Ms. Dean testified that the boys grabbed at her. Just north of the gang, Mr. Malone noticed the beer on the roadway, presumably left there when Mr. Diaz was attacked. Mr. Malone said he had not seen the bottles on an earlier circuit. After they cleared the group, Mr. Malone and Ms. Dean stopped at a police call box, then spoke to an officer on 72nd Street. The victims' testimony varied by a minute or two at each of the two trials, but in general, the record of attacks along East Drive between 9:05 and 9:15 is well established. Investigators see that as the likeliest time that the jogger was attacked, at a spot slightly to the north and west. In her closing argument, Ms. Lederer said the rape of the jogger happened immediately after 9:15, perhaps as late as $ 9:20, although it is not clear what evidence supports those times. "So I suggest to you, ladies and gentlemen, that there is evidence" showing that the victim was raped "after the tandem bike people were attacked, and before the people at the reservoir were attacked," Ms. Lederer said. "I submit to you, you may never know for sure. And it doesn't matter, because one thing you know for sure is that Kevin Richardson and Kharey Wise were present at that attack." If that is so, the crimes took place at a high velocity, given that the tandem bike attack took place at 9:15, and that the earliest of the reservoir muggings was put at 9:25 by that victim. If those times are reliable, the boys had 10 minutes to abandon their trek southward, double back to the north end of the North Meadow, intercept the jogger as she ran along the cross drive, drag or chase her nearly 300 feet from the road, subdue her during multiple rapes, cave in her head, and then race seven or eight blocks south, climb down a wall on one side of the transverse and up the wall on the other side in time to catch the first of the reservoir victims. Is it possible that more than 10 minutes were available to complete this? When pressed on the witness stand, David Lewis, the man who said he was attacked at 9:25, testified that it could have been as late as 9:40. Another victim, Robert Garner, said he was assaulted at 9:30 at the reservoir, and the time of an attack on a runner, David Good, was set at 9:47 through his testimony. The last documented victim of the gang was John Loughlin, a schoolteacher who was severely beaten and kicked. He had left home for his run when a television show ended at 9:30, he testified, and he estimated that he was struck between 9:40 and 9:50. An auxiliary police officer testified that he found Mr. Loughlin wandering in a daze near the reservoir at 9:55. As victims and witnesses called for help, police scooters and unmarked cars converged. At 10:30, the police arrested five teenagers along Central Park West and 102nd Street. Unknown during all this were the whereabouts of Mr. Reyes, perhaps the most dangerous person in the park that night. His presence was not verified until this year, when DNA tests showed that semen recovered from the woman's body was his. His pubic hair and more of his semen were extracted from one of her socks, discarded a few yards from where she was found. No one else left physical evidence at the scene. ConfessionsInconsistencies In Teenagers' Words No one can dispute that the videotapes made by four of the five teenagers are a chronicle of muggings, misdemeanor and gang rape. Nor is there any serious dispute that parts of the tapes, particularly those dealing with the rape, are breadly inaccurate en where, when and how it took place. Three of the boys - Mr. Santana, Hr. Wise and Hr. Richardson - had the time wreng by 45 minutes or more. 6 Mr. McCray's version put the rape at a plausible time, but at an implausible location, saying it happened between the reservoir and the tennis courts, about seven blocks from where the jogger was found. He also said the victim was raped where she was jumped, although the evidence showed that the jogger was knocked down at one place and dragged or chased nearly 300 feet. The fifth teenager convicted of the rape, Mr. Salaam, did not make a videotaped statement, nor did he sign a written summary or notes, but a detective said Mr. Salaam told him that the attack on the jogger happened before the assaults at the reservoir, effectively placing it before 9:30. Mr. Wise said a knife was plunged into the victim repeatedly, although the prosecution's medical expert testified that he found no wounds from any sharp object. On the other crimes, the teenagers' accounts are broadly consistent with the versions offered by the victims. Even more telling, a few of the incidents described in the confessions - attacks on runners or bicyclists who got away - had not yet been reported to the police when the teenagers mentioned them. Eventually, the strengths of the confessions, combined with physical evidence of the hairs, which seemed to show contact between the suspects and the jogger, convinced two juries that the confessions were essentially true: the five teenagers had been part of the assault. Nothing else reasonably explained what had happened to the victim. Now, the emergence of Mr. Reyes provides an alternative reality - that he raped the woman, a fact corroborated by DNA tests, and that he did it alone, an assertion that has not been proven or disproven. To date, only Mr. Reyes is linked to the crime by any evidence beyond words, putting pressure on the reliability of the teenagers' confessions and how they were obtained. On that critical point, the documentary record is silent. The video camera was not turned on until the detectives had finished other, unrecorded interrogations, generally after the suspects had been in custody for seven hours or more. As a result, the debates over what happened during those hours have amounted to swearing contests between the defendants and the detectives. Through their questions, the defense lawyers tried to raise doubts that the statements had been made voluntarily, a requirement of New York law. Did the detectives throw chairs? Did they tell Raymond Santana that he claimed not to have touched the jogger because he was homosexual? Did they promise that the boys would be better off as witnesses than defendants? Or did they, as most of the detectives testified, merely ask what happened? Coercion, under the law, can be psychological or physical, but the line between good, aggressive police work and illegal bullying does not form a clear boundary that can be simply applied to all the ways one person can push another to answer a question. In every instance, the legality of the Central Park statements - witnessed by parents for three of the five suspects, after readings of the Miranda warning - was upheld by the trial judge and through the 7 appellate process. Even among detectives, though, there was considerable disagreement about what happened during the interviews, as explained in "Unequal Verdicts," an authoritative account of the trials by Timothy Sullivan, an editor for Court TV. A day after the rape, Mr. McCray, for instance, was interviewed by two detectives, Carlos Gonzalez and Harry Hilderbrandt. Under questioning by Michael Joseph, the lawyer for Mr. McCray, the detectives told stories that differed in several key details, the trial record shows. Detective Hilderbrandt said Mr. McCray did not admit to penetrating the victim; Detective Gonzalez said he did. Detective Hilderbrandt said the suspect had not cried; Detective Gonzalez said he had. For much of the interview, Mr. McCray had said that he knew nothing about the rape. Once his mother left the room he discussed the rape - although he placed it by the tennis courts, nearly half a mile south of where ih had taken place. Why had his mother left the room? Detective Hilderbrandt testified that she left at the suggestion of his stepfather, who remained; Detective Gonzalez said it was at the suggestion of the detectives. Finally, in Detective Hilderbrandt's account, the detectives wrote out Mr. McCray's statement only after the mother returned. Detective Gonzalez testified that the statement was completed before she was brought back. Many investigators still see a powerful logic in the teenagers' confessions. The teenagers were in the same area of the park as the jogger. About 37 boys were interviewed, and about 30 detectives were involved. To police officials reconsidering the case, such a throng rules out a coordinated plan to script the statements. While it is true that many detectives were involved, a much smaller group of detectives obtained the confessions. One, John Hartigan, took three of the four incriminating statements before they were recorded. Another point being considered by the investigators is what standard of precision should be applied to the confessions. Mistaken details are common even in reliable confessions from people whose guilt is thoroughly corroborated. To the defense, the mistakes made by their clients reflect the limited information the detectives had so early in the case to feed to their suspects, whether purposely or not. "The police did not know the time when it happened," argued Colin Moore, who represented Mr. Wise. "So they got it screwed up." Under the law, parents are an important barrier to coercion of minors. In three cases, the parents were in the room while the videotapes were made. The two exceptions were boys thought to be past 16, the age when a parent is usually required: Mr. Wise, who was 16, and Mr. Salaam, who was 15, but had a transit pass showing his age as 16. Mr. Salaam's questioning was not videotaped because his mother arrived and, after an encounter with Ms. Fairstein, of the Sex Crimes Unit, called for a lawyer. While the parents of the other three were present for the 8 videotapes, they apparently were absent during key moments of the interrogations. Mr. Richardson's mother fell ill after being in the station house for 11 hours, and she left him in the custody of his sister. It was then that he incriminated himself. Mr. Santana was questioned for three hours in the presence of his grand~other, and later his father, denying any involvement in the rape. At some point, his father and grandmother left the station house, and by Detective Hartigan's account, the teenager asked if he could speak alone to the investigator. Then, the detective said, Mr. Santana essentially confessed to the rape. The detective testified, "I never asked him questions as to what he did." Later, Mr. Santana made the same admissions on camera, with his father in the room. Mr. Santana was interviewed again in June and described the assault on one of the joggers at the reservoir, but made no mention of the rape. Asked about it, Mr. Santana said he had been tricked by Detective Hartigan and another detective, Humberto Arroyo. "Hartigan told me the others admitted raping the woman and said I was there and that if I didn't admit it, he couldn't help me," a police report quotes Mr. Santana as saying. "So I made up the story you see on the tape to satisfy them." Over the last decade, DNA testing has cleared 27 people nationwide who were convicted of crimes based on some form of confession, according to records kept by the Innocence Project at the Benjamin N. Cardozo School of Law at Yeshiva University. In another category, Prof. Steven Drizin at the Northwestern University School of Law and Prof. Richard Leo at the University of California at Irvine have identified 130 people who falsely confessed but were cleared before trial. One legal scholar, Paul Cassell, argues that most verified false confessions come from vulnerable segments of the population, such as people with mental disabilities. At the teenagers' trials, defense lawyers tried without success to introduce records of psychological examinations and test scores of Mr. McCray and Mr. Wise. Mr. McCray had an I.Q. of 87, and in the ninth grade was reading at a fourth-grade level. Mr. Wise, at age 16, was said to have an I.Q. of 73 and a second-grade reading level. In two separate video statements, Mr. Wise described aspects of the rape, with a roster of aggressors that shifted, sometimes from phrase to phrase. He made bizarre statements, saying that the group had attacked a blue van, which was carrying police officers, and that later one jogger had retaliated against the group by beating up half of the teenagers. There was no evidence that such incidents occurred. "What that illustrates very clearly is a kid who is prepared to say almost anything that the district attorney wants to hear," Mr. Moore, the lawyer for Mr. Wise, had argued. Investigators were not the only ones who heard what sounded like admissions from Mr. Wise. When he was being kept at Rikers Island, he telephoned friends. One, Melody Jackson, testified that she had asked him about the assault on the jogger. "He said: 'Mel, I didn't have sex with her. The 9 enly thing I did was touch her legs,' "Hs. Jackson testified. Earlier this year, investigators visited her again, according to a police report, and she stuck by her story. So, teo, did the convicted teenagers: in prison, records shew, at least feur of them declined te accept responsibility for the rape, costing them extra time in prison. Many people close to the case believe that the legal verdict is bound to be overturned in the coming days. If Mr. Reyes's statements and the recent DNA tests do not exonerate the original five defendants, they qualify as "newly discovered evidence" for which verdicts may be vacated under the New York State penal code. Since all the defendants have finished their sentences for the gang rape and the other muggings, and because the statute of limitations has run out on Mr. Reyes's involvement, it is unlikely that any new criminal trials will be held on charges arising from that night in Central Park - even if prosecutors determine that the confessions are a reliable guide to what happened on an April night in 1989. http://www.nytimes.com/2002/12/O1/nyregion/O1JOGG.html?ex-lO39841089&ei-1 &en=d4e74df57715ffe5 HOW TO ADVERTISE For information on advertising in e-mail newsletters or other creative advertising opportunities with The New York Times on the Web, please contact onlinesales@nytimes.com or visit our online media kit at http://www.nytimes.com/adinfo For general information about NYTimes.com, write to help@nytimes.com. Copyright 2002 The New York Times Company *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 10 Marian Karr From: kelvyn_anderson@earthlink.net Sent: Monday, December 02, 2002 10:35 AM To: update@nacole.org Subject: [NACOLE Update] CT- Newspaper review of misconduct investigations Police say they are methodical when probing their ewn 8y Lindsay Faber Staff Writer December 2, 2002 Greenwich police investigated dozens of allegations of miscenduct against their own officers in the past three years, but only one was substantial enough to result in termination and few were egregious enough to result in suspensiens. Host efficers were penalized by letters ef reprimand put inte their persennel files, according to documents released to Greenwich Time through the state Freedem of Informatien Cemmission. Greenwich police say they investigate every complaint against their officers, whether it cemes in the form of an internal audit or from a civilian. Hany the complaints are classified as unsubstantiated because they lack evidence, and sometimes the officers are exenerated after an investigation reveals they did nothing wrong. But there are just as many occasions when officers are penalized for their actions. "We look into every single piece ef information that cemes to us abeut an officer," said Capt. David Ridberg, who is in charge of administering internal investigatiens. "Hy effice acts as the clearinghouse for complaints and evaluations, and we take it seriously." The penalties vary. For lesser offenses, an officer may be counseled by a supervisor and then have a report of the counseling session added to his personnel file. The department also issues divisional reprimands from the department superviser or letters of reprimand from the police chief, indicating the officer committed an offense. The letters, which go into efficers' persennel files, alse may recommend the efficer be re-trained or even write a term paper on a certain topic. For the most serious offenses, officers are s~spended for a few days without pay, often having to surrender their badge and weapon. The worst penalty is expulsion from the department. It is not typical, but possible, for the police chief to forward an investigatien to the State's Attorney's office, when criminal charges seem apprepriate. "~e den't want to be accused later of cevering anything up," Ridberg said. readily accept any allegations of unlawful ceNduct, but if there are legal issues invelved, a let of decisions have te be made." According te the files, pelice centacted the State's Atterney's effice twice between 1999 and this year. One case involved criminal charges against former Sgt. Kevin Fo×, who pleaded guilty this year to embezzling thousands of dollars from the police union when he served as its treasurer. The State's Attorney's effice did not take the secend case and recemmended it be handled internally. It involved officers using the department's cemputer ! system to wipe out a motor vehicle infraction by a man who was supposed to provide them with World Series tickets. In that 1999 case, the police officer who conLmitted the act got nine days of suspension without pay and had to surrender his gun and badge, a penalty considered very serious within the department. Two other officers had to forfeit a vacation day for their involvement. Another officer received a letter of reprimand for failing to alert his supervisor. And finally, the supervisor, a sergeant, also received a letter of reprimand for failing to properly supervise. The incident came to light when an officer left an anonymous note on a deputy chief's desk, detailing the plot. "The chief on his own can suspend someone for up to 15 days without pay, but anything beyond that requires the involvement of the police commissioner," Acting Chief James Walters said. "And in any of those cases, officers can make appeals." That same year, an officer received a letter of reprimand for failing to properly supervise the Lake Avenue crime scene of financier Hartin Frankel. Also in 1999, a youth officer substituted a perpetrator's fingerprints with his own, since he apparently forgot to take the boy's prints. The officer received a three-day suspension from duty and had to write a 500-word term paper on the science of fingerprinting. In 2000, a sergeant received a divisional reprimand for opening his pants to rearrange his clothing in front of a female employee. A lieutenant twice lost his shield and got a letter of reprimand from the chief. This year, a group of officers stole an internal test on an EMS refresher course and got counseling from their supervisors. Host of the other cases are more mundane. In some cases, officers received letters for failing to write reports after investigations, or they were forced to forfeit vacation days for conducting shoddy investigations of an accident or a crime. In several cases, officers have been penalized for getting into accidents in police cars, with damage that often costs more than of $5,000. Civilians have made numerous complaints about officers' attitudes on the job relating to situations in which officers were rude or used curse words. Host of those officers receive counseling from a supervisor. For anything worse than a letter of reprimand, such as a recommended suspension, officers can request a hearing and may be accompanied by an attorney or a representative from the Silver Shield Association, the police union, while presenting their defense. The police chief acts as the arbiter. Beyond that stage, officers can appeal to the first selectman, who serves as police commissioner, and enter into arbitration. Currently, the police administration is working with the union and town to determine whether any of these policies should be revised. The report oS counseling is under review, including consideration of whether it should be considered a formal reprimand, Ridberg said. But more often than not, allegations against local police officers have not been severe. "We investigate every single complaint, and overall there is not a significant problem here of officers acting inappropriately," Walters said. "That's always been the case here, probably because we investigate and take corrective action whenever it's necessary." Update mailing list gpdate@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: kelvyn_anderson@earthlink.net Sent: Monday, December 02, 2002 10:38 AM To: update@nacole.org Subject: [NACOLE Update] Salem OR - Council signs off on Review Board City Council set to sign off on board An agreement has been reached to establish a citizens police review board. TARA MCLAIN Statesman Journal December 1, 2002 A new citizens police review board has crossed its final hurdle now that a Salem City Council subcommittee and the city's police union have reached an agreement. In closed talks last week, the two sides settled several concerns the union had about the board, including protecting officers' privacy and ensuring fairness. The agreement allows the board's bylaws to be adopted and newly appointed members to begin meeting in January. The full City Council is expected to sign off on it Monday. "I'm just happy to see the whole thing coming to an end," said City Councilor Kasia Quillinan, who served on the task force that created the board. "This is very close to what I had put together originally." The board will hear complaints from members of the public not satisfied with the police department's internal investigations of alleged misconduct. It will complete a four-year process that started with a march on City Hall by residents who felt that police unfairly targeted minorities. The changes to the ordinance that sets up the board and the bylaws that govern it include many items that had been recommended by the task force but later removed by the council or city staff, Quillinan said. They include: · Requiring new members to ride along with an on-duty officer before serving. · Making it voluntary for officers to participate in the board's hearings. · Allowing the city manager to determine the scope of any independent investigations that the board requests. · Requiring that the bylaws be adopted or changed by the city manager, with consent from the City Council rather than by the board. New or clarified items include: · Giving officers the chance to review confidential information before it is given to the board and allowing officers to object to the disclosure of medical and psychological records and other personal information. · Allowing officers to sue any member of the board who discloses officers' confidential information.to the public. · Prohibiting board members from using the confidential information against officers outside the board's investigation. The last provision indirectly addresses the three defense attorneys who were appointed to the board, Quillinan said. For example, an attorney couldn't cross-examine police officers in an unrelated court case using information that was obtained as a member of the board. Quillinan, an attorney, said the rule isn't needed because attorneys already practice under strict rules of confidentiality. However, lawyers have a duty to question officers thoroughly in defense of their clients. "Is that a conflict of interest or is that a legitimate question?" Quillinan said. "I think most attorneys are going to be very careful about what kind of information they are going to use." Lindsay Soto, a member of the board and also an attorney, said the rule seems unnecessary but understood officers' concerns. "That's kind of the nature of the beast," he said. "Police officers don't know a whole lot about what we do and at this point, we don't know a lot about what they do." He also said taking away the board's ability to adopt and change its bylaws is understandable. Other city boards and commissions that have control of their governing rules don't deal with such sensitive information, he said. Representatives of the Salem Police Employees Union weren't available for cou~ent Thursday or Friday because of the city holiday. But union president Detective Craig Stoelk has said previously that the union would accept the board if safeguards were set up. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: ke[vyn_anderson~earthlink.net Sent: Monday, December 02, 2002 10:44 AM To: update@nacole,org Subject: IN^COLE Update] DurhamNC- Critic talks to Review Board Critic offers tips to Review Board By Eric Olson, The Herald-Sun November 30, 2002 9:14 pm DURHAM -- A board designed to review complaints against police invited one it its chief critics to a recent meeting. The Citizen Review Board was created in 1997 as an avenue of appeal from the Police Department's Professional Standards Division, which investigates complaints against officers. The chairman of the board, Ethan Hertz, asked Durham defense attorney Alex Charns to speak during the board's Nov. 21 meeting at City Hall to discuss ways in which it could improve its operation. Charns contends the board is strapped by the secretive rules under which it must operate because of personnel privacy laws covering police officers. While the board may find enough evidence in a complaint to call for a hearing, the citizen lacks the ability to cross-examine any witnesses the officer may call. The citizen is also prohibited from being present during his or her own witnesses' testimony, Charns said. Moreover, Charns has said, the board doesn't scrutinize the alleged misconduct, only the way the internal review was carried out. The board lacks the authority to alter its rules, but members may submit recommendations to City Manager Marcia Conner, Hertz said. Following the meeting, Hertz said some of the issues Charns raised had been considered during prior meetings. "There were definitely issues we had spoken about as far as the hearing process," Hertz said. "We've complained several times about the generic nature of the letter that goes to the complainant from Professional Standards." Whenever a citizen files a complaint against an officer, the Police Department's Professional Standards Division investigates. The division then sends a letter to the person announcing its findings. Because of personnel privacy laws, however, the letter is restricted from explaining the decision in detail, Hertz said. "We've always been told by [Assistant City Attorney] Patrick Baker that essentially because of privacy laws, the Police Department is not authorized to release more information than they do," Hertz said. "The feeling of the board in general is if some of those letters could be more specific, they would head off some of the complaints that come to us. "People want to believe that their complaint was thoroughly investigated and that the conclusions reached were justified," he added. Hertz said he believes that changing some procedures may streamline the board's operation, but the timing is wrong to request them. "On a personal level, I would like to explore some of those issues, but I don't think the board is behind me," he said. Some, he added, would rather wait until a new police chief is named. Conner, who must approve the findings of the board, said she has not received any requests about its operating policies. "I'd have to see what their questions are and do some research to respond back," Conner said. "There would have to be some legal research, as well." Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: kelvyn_anderson@earthlink.net Sent: Monday, December 02, 2002 10:50 AM To: update@nacole.org Subject: [NACOLE Update] MinneapolisMN - Civilian Review powers diluted Proposed Civilian Review powers diluted By: Isaac Peterson, III Minnesota Spokesman-Recorder Originally posted 11/27/2002 City council votes against appeals to state legislature; no further action on mediation The Minneapolis City Council Intergovernmental Relations Committee was next in line to handle the political football that Civilian Review of the Minneapolis Police has become. The review process in its previous form was weak and ineffectual, and was largely viewed as a show put on to foster the illusion that the City was doing something about police-con, unity relations. One of Mayor R.T. Rybak's first actions as mayor was to direct that the Civilian Review Authority (CRA) be relocated into the Department of Civil Rights. The matter has come before the City Council, Health and Human Services Co~ittee, Public Safety and Regulatory Services Committee, and the Civil Rights Con~ission. On August 29, the City Council directed Civil Rights Director Vanne Owens Hayes to devise a final plan for the Civil Rights Department's absorption of the CRA, within 60 days. Earlier this month, city council members criticized the plan's progress to date and Hayes was directed to continue work on it. The Intergovernmental Relations (IR) Co~nittee met on November 19, with the CRA as one of the agenda items. Committee members present were Scott Benson, Barret Lane, Natalie Johnson Lee, Paul Zerby, and Paul Ostrow. A member of the Civilian Review Authority Working Group presented four recommendations to the IR Committee. The presentation consisted of four items to be considered for submitting to the state legislature for approval: · Requiring that Minneapolis police officers be residents of the city. This has been pursued in the past, and was repealed by the state legislature in 1999. · Subpoena power. · Access to personnel records. This would apparently conflict with the Data Practices Act since personnel records are considered private information, and cannot be released. · Tracking complaints and disciplining police officers. There may be conflict with the Labor Relations Act. The recommendation to the committee was that these powers not be pursued through the state legislature for the CRA. Committee member Zerby expressed support for the first two items, although he characterized his support of the first item as "reluctant." He explained that he thinks that the city "should investigate ways to accomplish [residency] with a carrot rather than a stick," and devise inducements for police officers to live in the city. Zerby proposed that the committee approve the first two items, and send the other two items for consideration by the full city council with no recommendation. He also said that his concern is for as close to normal a trial procedure as possible, with normal transparency. He and committee member Natalie Johnson Lee fought to reserve as much power for the CRA as possible, but were outvoted at every turn. The main point of contention was that the state legislature would have to make exceptions for Minneapolis under state law as regards the residency requirement, subpoena power, and access to personnel records. The objection from other committee members to disciplinary power was that it is "totally inappropriate" for the CRA to discipline officers, and that that power should be reserved for the chief of police. It was suggested that the city council pursue subpoena power through a charter change. 1 The other three committee members voted down Zerby and Johnson's support for these four powers. On Friday, November 22, the city council considered these same matters, with the eventual same result. It was recon~ended that the residency requirement be pursued through collective bargaining rather than through the legislature. The overall discussion was brief, and was interrupted for a time when a large group of Native ~nericans poured into the city council chambers with a list of grievances and demands. Some members were visibly bored with their presence, and when consideration came back to the CRA, the discussion and voting were brief. The majority of the council voted against submitting the proposals to the state legislature for approval. Federal mediation was also discussed briefly. Police Chief Robert Olsen is apparently in charge of choosing which members of city government will participate. The city council has not decided which of them would be put forward for the mediation panel, and no move was made to make that determination. Mediation is set to begin on December 10; meetings are to be convened every Tuesday for three months. The previous weekend, community groups met to choose their representatives, and those names had already been forwarded to Patricia Glenn, the federal mediator. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: keIvyn_anderson~earthlink.net Sent: Monday, December 02, 2002 10:53 AM To: update@nacole,org Subject: [NACOLE Update] WaterburyCT - NAACP seeks civil rights investigation NAACP seeks investigation of alleged police abuse in Naugatuck (Naugatuck-AP, Nov. 22, 2002 3:29 PH} The national NAACP has joined the Greater Waterbury chapter of the civil-rights organization in a request to the U.S. Department of Justice to launch a civil rights investigation into alleged abuses by Naugatuck police officers. One allegation involved the 21-year-old son of Naugatuck resident Maritza Rodriguez, who said he was beaten and stripped during an arrest at home. Fran Dambowsky, chairman of the board of police con~issioners, blamed some "rogue" police officers and urged residents to seek action at the federal level. Naugatuck officials say they are responding to an NAACP forum in August by trying to make filing complaints about police officers less intimidating, increasing minority hiring and recruitment in schools and town agencies, adding black history lessons in school curriculum and increasing minority representation on borough boards and the Democratic and Republican town committees. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: kelvyn_anderson@earthlink.net Sent: Monday, December 02, 2002 10:58 AM To: update@nacole,org Subject: [NACOLE Update] New LondonCT- One Cop-15 years of complaints Veteran Police Officer Has Made Career Of Surviving Trouble Domestic abuse complaints, internal warnings haven't sidetracked Genaro Velez Jr. By Katie Melone - More Articles Published on 12/02/2002 New London --Fourteen years ago, the chief of police wrote to Officer Genaro Velez Jr. to inform him he was walking a fine line. The chief even considered firing the patrolman, according to the 1988 letter, but in the end he reconsidered. Instead, then-Police Chief Richard Kistner warned Velez, who had been accused of abuse by two girlfriends, to stay out of trouble. As it turned out, that letter in October 1988 wasn't the only time -- before or after that the 46-year-old patrolman would draw criticism for alleged physical and emotional abuse of his girlfriends, as well as other claims of misconduct. Just this fall, Velez, divorced and father of three, became the focus of internal and state police investigations, based on abuse allegations by his former fiance, who had a temporary restraining order against him in October. Over the course of his 20 years with the city police, Velez has been arrested five times after domestic abuse complaints, and he has had five restraining orders against him from four women. Velez has also been the subject of eight internal police probes, four supervisor complaints and 15 civilian complaints concerning his behavior with women, his police work, or his dealings with the public. In each of the five arrests, all charges against Velez were eventually dropped. Only three of the civilian complaints were substantiated, and he was reprimanded by letter in only three of the internal investigations, according to Velez's personnel file. But, memoranda and other papers on Velez document a trail of repeated warnings about his conduct, both on and off duty. Today, Police Chief Bruce Rinehart says that each investigation or complaint over the years was appropriately handled. In some instances, he said, investigations were closed with no action, but "in other instances, appropriate measures were taken to correct" the behavior. Rinehart declined to comment further, citing the ongoing investigation into Velez's ex-fiance's charges. He said, however, that he is preparing a letter of commendation for Velez for saving a man from jumping off a rooftop. For his part, Velez maintains that he is a good person and that he has always acted professionally and appropriately as a police officer. He described his problems with some women simply as "bad times." Some women, he said, accused him because of their vindictive natures. Others, he said, were the "wrong type of woman." "I have always been an honest and truthful person," he said. The first warnings came in January 1988. ! Denise Rudker, who said she was first charmed by Velez at a wedding a year earlier, claimed he had threatened and beat her. Later, she waffled in her story, initially telling an investigator she fabricated the abuse to seek revenge over their breakup, then saying Velez asked her to drop her charge. Police closed the investigation, but Rinehart, then a major in the department, warned Velez in an internal memorandum to discontinue his relationship with her. Over the next few months, Velez was twice again warned to stay away from Rudker, whom he would later marry. Together they would have two children. One of those warnings, in August 1988, stemmed from Rudker's complaint that Velez again struck her. Weeks later, she recanted but was charged with falsely reporting an incident. That September Kistner reminded his officer that he already had been strongly cautioned to avoid Rudker. "I hope you will learn from this incident, stay away from similar entanglements and avoid this embarrassment which both the department and yourself no doubt suffered," Kistner wrote. A few months earlier that same year in April 1988 police had looked into claims that Velez had beaten another girlfriend. At the conclusion of their probe, Kistner warned Velez in an Oct. 3, 1998, letter that any similar future domestic incident "will result in severe disciplinary action." Velez filed a grievance about the letter through the union. In negotiations, the police agreed to remove the letter from his file after 18 months. But in a second letter to Velez on that same day Oct. 3 about his pay status, Kistner took a harsher tone. "I have considered your conduct over the past year and note that you have been involved in a number of incidents that required personnel actions," the police chief wrote. "I have considered during these times whether or not you should be terminated .... I am giving you the benefit of the doubt but at the same time I urge you to carefully consider your actions both on duty and off. Your employment with this agency should be productive and not provocative." Trouble with Rudker surfaced again in December 1989. Velez was charged with third-degree assault in a domestic incident involving her. The charges were eventually dropped, and the case was referred to family relations. Rinehart suggested in a memo that Kistner "consider a letter being sent to Velez advising him of the gravity of repeated future incidents with Ms. Rudker." No such letter appears in Velez's file. Velez and Rudker married in April 1995. Velez was hired onto the New London police force in December 1982. He was born in Puerto Rico and, at age 9, moved to Connecticut with his mother, sister and brother after his parents' divorce. Velez's mother, Doris Pabon, worked at the Thermos factory in Norwich and raised the family on Cliff Street. Velez graduated from Norwich Free Academy in 1976. Today, Velez's family stands solidly behind him. His half-brother, Luis Pabon, expressed shock when told about the recent temporary restraining order. Pabon said he's never known his half-brother to be violent. His sister, Elcie Schoen-Kiewert, of East Hartford, said her brother is a victim of a biased media and the women he chooses to date. "I know all the tricks people have played on him," she said. "I see the 2 allegations and all the lies. There are certain women who would say anything to make him look bad. I've known all of them. And I'm not saying my brother is an angel." As an officer, Velez has received several letters from citizens in appreciation of his work and two com~[endations from the department. In August 2000, Rinehart cited him for his "swift action" in response to a robbery. In August 2002, he was recommended for a commendation for helping another officer when a man was attempting to jump off the roof of a building. From the courts, Assistant State's Attorney John F. Cocheo commended him in 1984 for his work in catching and convicting a defendant. Though several police officers declined to comment for this story, his supervisor of one year, Lt. Marshall "Chip" Segar, called Velez a good subordinate who brought an invaluable skill to the department. "His language skills and connections with the Hispanic con, unity in New London are priceless, especially working in the diverse community that we do," Segar said. But, over the years, Velez has received mostly average ratings on his police work from his supervisors, according to his personnel file. Internal documents also show that he was having problems on the job in 1987, 1988 and 1989. In 1987, he was placed on a year's probation for alleged slurs about the city's Italian-American community. A state labor panel later ordered the disciplinary action removed from his record. The same year, police substantiated a civilian complaint that he violated two department policies -- respect and courtesy and knowledge of the law in arresting a man on four charges, including threatening and criminal trespass. The man, Andrew M. Dousis, was the ex-husband of a woman Velez was dating at the time. In August 1988, police found that Velez "did not perform at a level worthy of public confidence." He arrested a woman who was not the instigator, rather a victim of an assault, police said. In a civilian complaint in August 1989, which was closed with no action against Velez, a woman arrested by New London police claimed he threatened to kill her. In a conversation with an investigator, the woman said she did not want to follow through on her allegation but wanted Velez "to stay away from her." To charges of misconduct, Velez has always answered that he behaves properly, and that he matches up to any other officer in the department. "If I was a violent guy, do you think as a police officer, I would take my rage out on people out there?" he asked in a recent interview. He cited letters from citizens and supervisors commending his work. "There are so many of them," he said, holding a stack of papers. "Twenty years I put in this place, it's like my house because I'm there day in, day out," he continued. "I'm not the kind that sits behind a building drinking coffee," he said. He also said he has modeled for a catalogue that sells gear to police officers. "That's the kind of role model I am." Five temporary restraining orders against Velez over the years contain similar 3 claims -- his intense jealousy, his control and manipulation, and his physical abuse. Three of the four women who got those restraints said he kept them hostage. They are all claims Velez vehemently denies. One woman whose relationship with Velez dates back to the mid-1980s described in her court papers how his abuse escalated over the years. She and Velez never married but had one child together. In March 1988, her application for a restraint says he struck her over a two-hour period during which he kept her at his mother's trailer in Norwich. At an earlier time, she said in that same application, he struck her while holding their baby. Two other women -- Rudker and P~my L. Stone alleged in court documents of their experiences of being kidnapped and held by Velez. In February 1992, when Rudker filed for her first temporary restraint -- and three years before she would marry Velez - she said he followed her when she was on a ride with a male friend. Her court document describes how he forcibly removed her from the friend's truck, dragged her into his police cruise, then verbally and physically abused her at his house. "He would not let me go," she wrote in her restraining order application. "He locked me in the house until the next afternoon. I was a prisoner in his house ." Four months later, in June 1992, ~kmy Stone, Velez's girlfriend of one year at the time, claimed he waited for her to end her shift at work, dragged her by the throat into his car, and held her at his house against her will, according to court documents. Stone's restraining order was eventually dropped because she failed to appear at a court hearing. But in December of that year, Velez was arrested on 17 charges, among them kidnapping and sexual assault, all connected to Stone's accusation that he forcibly took her from a home in Waterford. A jury cleared him of all charges in 1993. Velez admits his relationships have been troublesome and said several times that he has been involved with the wrong types. Two of them -- Stone and Rudker -- were arrested in January 1992 for fighting each other in a Union Street parking lot. Velez was present and attempted to break up the fight, according to a police report. He says he has discussed his past problems with women with each new woman he dates, which gives them ideas for restraining orders they later file, he says. "Now they have an idea of what they're going to do and say," he said. Rudker, by her own admission in a recent telephone interview from Florida, said she kept going back to Velez despite all the problems. She stood by him during the trial involving Stone, and they began dating again. Later, she said, she decided to move to Florida because his abusive treatment continued. She recounted how Velez followed her there. "He hired a PI to follow me around here," she said. "Pretty much I felt like it was a no-win situation. I left and tried to start living my life. He'd fly down here wanting to know where I was, who I was seeing. It was a dead-end situation. So I threw my hand in the air and married against my family's wishes. I looked my dad in the face and said, 'This is going to be my way out. ~ " They had two children, but the marriage began to unravel barely a year later. Rudker filed for divorce in June 1996. A few weeks later, she filed another restraining order against him. Their divorce became final in July 1997. Velez maintains that Rudker had a drinking problem, which caused much of the tumult in the relationship. The fifth restraining order against Velez came on Oct. 1 of this year. His ex-fiance, a local business owner, claimed he emotionally, verbally and 4 physically abused her. He threatened to kill her and forbade her from leaving the house they shared to visit friends or relatives, she wrote in her application for a restraint. At times, she said, he would not let her use the telephone. The temporary order was dropped two weeks later because the woman did not appear at the required court hearing when a judge could have made the restraint permanent for sixth months. Velez maintains that the woman filed the restraining order over a business vendetta and that since then they are friendly and that the woman has made overtures to rekindle their relationship. '~She calls me negrita," he said, referring to Spanish slang for "honey' or "sweetie." Family and police report that she has left the country for her native Colombia. Police still want to talk with her, however, because she made more complaints of abuse after the temporary restraining order was granted. Their investigation is continuing, as is a probe by state police into a breach of peace complaint the woman made to state troopers against Velez Sept. 27, the day she ended their relationship. In a most recent development in the New London investigation, in mid-November, the woman's landlord called the police station to request that Velez stay off her property, police said. · Restraining orders, Velez said, are an easy way out for women. "Who gets the raw end of the deal?" he said during a recent interview. "It's the person the restraining order is against. Now he's got te wait for a hearing date for the judge to hear him. And the person making the restraining order can lie .... "Let me give you a lesson in obtaining a restraining order," he said, opening a guidebook put out by a women's group that is offered in the courthouse clerk's office. He then read from the booklet that helps women in filling out their applications "Bob said he would kill me if I call the police,~ Velez read aloud. Pointing out that the sample sentence was reflected in each his ex-girlfriends' complaints and that their complaints were similar, Velez said, "It's the same eld sample they've been giving for years." Civilian complaints filed against Genaro Velez Jr. 6-29-82. Truman Street resident Alfredo Velez claimed Velez and Officer Heidi Maynes improperly asked him to stop playing live music in a public place after receiving a noise complaint. The claim was not substantiated. 8-8-84. Uncasville resident Natalie Atkinson said Velez and Officer Ronald Powich were derelict in failing to ensure young women in a car, including her daughter, were able to start the car after a traffic stop late at night. The complaint was not substantiated, but then-Deputy Chief Frank Paskewich, wrote to the chief that Velez and Powich were "lax in their duty in not assisting what turned out to be a stranded motorist after their vehicle stop." 12-17-85. Mystic resident Karen Spellman claimed Velez took five days to fill out an accident report, which contained errors and was incomplete. The allegation was unsubstantiated. 3-20-86. Montauk Avenue resident James L. Cook claimed Velez and Officer Glenn Davis mishandled an incident in which he said a man threatened him with a knife and struck him. The claim was not substantiated. 10-20-86. A Vauxhall Street woman, Gail Riley, claimed Velez pulled her over for not wearing a seat belt after she refused his advances. Police found that 5 Velez violated police regulations on respect and courtesy, and he received a letter of reprimand. 10-21-86. A Tilley Street man, John Clark, claimed Velez pulled into a parking lot, asked him "if he had a problem' and arrested him, capping off what Clark called "two-and-a-half years of abuse." The claims were unsubstantiated. 4-27-87. Theodore Bidwell, a Prest Street resident, alleged Velez neglected his duty by failing to ticket the owner of a vehicle parked in front of Bidwell's business. The claims were not substantiated. 6.23.87. Andrew Dousis, a Waterford man and the ex-husband of Velez's then-girlfriend, claimed that Velez stormed into a bar and threatened him and falsely arrested him. Velez received a three-day suspension without pay. That punishment was later lessened to a three-month probationary period after he filed a grievance. 9.3.87. John Winslow, a Waterford man, claimed Velez made racial slurs about the Italian community. Velez was placed on a year's probation. A state labor panel later ordered the disciplinary action removed from his record. 6-10-88. Adam McNiece, a Cedar Grove Avenue man, alleged Velez and Officer Victor Johnson were derelict in their duty. The officers responded to a Prest Street dispute over a ladder and took no action, citing a civil matter. The administration found that the complaint does not fall within "civilian complaint procedure established in investigating reports of misconduct." 8-31-89. Rebecca 8arreto, a Connecticut Avenue woman who had been arrested by police, claimed Velez threatened her. She later dropped the complaint, but told police she just "wanted Velez to stay away from her." 7-5-90. A Waterford woman, Angola Trafaconda, alleged Velez was traveling close behind her as they neared a stop sign in their cars. She said he followed her and yelled at her. Velez claimed the woman failed to stop at a stop sign. The claims were not substantiated. 9-10-90. Donald Flemons, of Blinman Street, claimed Velez cursed at him and used excessive force in handcuffing him. Police closed the investigation because they later could not contact Flemons. 7-20-99. Antero Pontes, of Fall River, Mass., claimed Velez misdirected traffic at his construction site and then threatened to arrest him in an ensuing dispute. In a police department memo, Lt. Marshall Segar said Velez didn't break any rules but "could have been more courteous and responsive to the needs of the contractor." 2-3-00. Maurice Wilson, of Waterbury, said Velez used excessive force with him during a routine traffic stop. Investigators ruled the complaint unfounded. Go Back www. TheDay.com: Eastern Connecticut's News Source Update mailing list Update~nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Hector. W.Soto~phila.gov Sent: Monday, December 02, 2002 4:16 PM To: update@nacole.org Subject: [NACOLE Update] NYTimes.com Article: Reconsidering Other Verdicts in Jogger Case SRFC822 emi ...................... Forwarded by Hector W Soto/PCHR/Phila on 12/02/2002 04:11 PM .......................... This article from NYTimes.com has been sent to you by hector.w.soto@phila.gov. Reconsidering Other Verdicts in Jogger Case December 2, 2002 By KEVIN FLYNN and JIM DWYER Prosecutors reconsidering whether Harlem teenagers beat and raped a jogger during a Central Park rampage 13 years ago are also debating whether the teenagers' convictions for other crimes committed that night should be thrown out, according to law enforcement officials. The jogger was the most seriously injured of the people assaulted on the night of April 19, 1989. But eight other people were either accosted or beaten by a pack that roamed the park for an hour, jumping from the shadows to confront runners and bicyclists. Investigators said it now might be legally unfeasible to let the convictions for the other crimes stand, in light of new evidence that suggests the five teenagers may not have been culpable in the attack on the jogger. But though investigators no longer can be sure whether the youths raped the jogger, few of those reviewing the case question whether the teenagers were involved in the other crimes. For one thing, many of the police and prosecutors reinvestigating the crimes say, the teenagers were undoubtedly part of the pack of about 35 youths who rampaged through the park that night. Four of them made videotaped statements in 1989, some with their parents present, in which they implicated one another in the assaults. The teenagers later insisted that those statements were coerced, but each has acknowledged witnessing at least one assault. Indeed, one teenager, Raymond Santana, confirmed his role in one of the beatings during his parole hearing in 1994. The videotaped statements were the primary evidence against the teenagers in 1990, when they were tried in connection with the rape and the other assaults. But new evidence, specifically DNA specimens and statements from a convicted murderer who says he alone raped the woman, has put the confessions in question. If prosecutors decide the confessions were inaccurate about the rape, as some prosecutors now believe, legal experts said the statements would no longer be suitable evidence for the other crimes - even if investigators remain convinced that those portions were factual. "The question is whether, if that new evidence had been known to the jury, would there probably have been a more favorable outcome on the other charges," a law enforcement official said. The five convicted, Kevin Richardson, Antron McCray, Yusef Salaam, Raymond Santana and Kharey Wise, have asked in court papers to be exonerated for all the crimes for which they were sent to prison, which ranged in severity from riot to rape. Ail have completed their prison sentences for these offenses. The Manhattan district attorney, Robert M. Morgenthau, is scheduled to respond to the exoneration motion on Thursday. "Our clients are innocent," said Michael W. Warren, a lawyer for Mr. Richardson, Mr. McCray and Mr. Santana. "There has not been anything demonstrated to the contrary." But one of the men who was set upon by teenagers that night says he does not think the slate should simply be wiped clean. David Good, an engineer who works in Midtown, said he was jogging around the north end of the park's Reservoir when teenagers throwing sticks and stones chased him. "You better run faster," he later testified they told him. "I wouldn't see why it should be overturned," he said. "If they did that, and they were clearly in a riotous mood that night, people should have to pay for their mistakes." Since Matias Reyes, a convicted murderer, came forward several months ago to state that he alone had raped the jogger, a variety of theories have surfaced about how that crime was actually committed. By a lone predator, as Mr. Reyes has said? By the teenagers first, and then Mr. Reyes in a secondary attack? By a group that included Mr. Reyes? Little debate has focused on what oc'curred elsewhere in the park that night. Between roughly 9 p.m. and 9:45, four people were assaulted and four others accosted by a pack of youths in the northeast corner of the park. Michael Vigna testified at trial in 1990 that someone took a swing at him, just missing his head, as he rode his bicycle past a group of teenagers walking south on East Drive, near East 105th Street. A few blocks south, Antonio Diaz, an unemployed man, was beaten unconscious, according to prosecutors. Farther south, Gerald Malone and his fiancee, Patricia Dean, were riding a tandem bike when they encountered a gantlet of youths who spread across the road and grabbed for Ms. Dean, who was riding on the back seat. The couple nearly fell but managed to escape and pedaled away at top speed from several youths who chased after them. 2 "I was terrified," Hs. Dean testified. "They were grabbing at my legs and pushing at my shoulder." David Lewis, a banker, was surprised by teenagers as he ran around the reservoir jogging track, he testified. He asked them if they wanted to race. " 'We'll race all right,' came the answer, he said, as several teenagers moved onto the path in front of him. He escaped but was hit, hard, en his arm as he ran by, he said. Another jogger, Robert Garner, was punched in the face and torso. A third, John Leughlin, a schoolteacher and former marine, was beaten unconscious when he stopped to help someone else being assaulted. " 'What are you, some kind of vigilante?' "Mr. Loughlin said a youth asked him. He was hospitalized for two days. Eighteen months later, he said, his skull still hurt. Mr. Loughlin was able to identify one teenager, but he was not one of the youths charged with attacking the female jogger. In fact, none of the five teenagers charged in that assault were ever identified by the other victims. (Mr. Malone testified that Mr. Richardson's jacket, which had a white logo, was similar to one he had seen on an attacker. But he said he could not identify him by face.) Several suspects, however, implicated themselves and one another in videotaped statements. There was a certain consistency to the statements when it came to the assaults. Three of the youths recalled the encounter with the tandem bikers. Four recounted an attack on a jogger who had been hit with a pipe, a weapon that resembled Mr. Loughlin's description of the hard, smooth instrument he had been struck with. Steven Lopez, a youth who pleaded guilty to taking the radio headset that Mr. Loughlin had worn that night, told the police in 1989 that Mr. Richardson, Mr. Santana and Mr. Salaam had assaulted Mr. Loughlin. Mr. Salaam, he said, had hit the man with a pipe wrapped in black tape. "He was going to work," he said. "He was like, bow, bow, bow." During a parole hearing two years later, Mr. Lopez reiterated that he believed the pipe used to beat Mr. Loughlin had belonged to Mr. Salaam. But Mr. Loughlin could not identify Mr. Salaam in a lineup. And when Mr. Salaam testified in his own defense in 1990, he said that, while he had been carrying a pipe that night, he was only holding it for a friend. He saw one man being beaten and another who seemed to have been hurt, he said, but he had not hit anyone. He characterized police testimony about a stationhouse confession he had made as a fabrication. The other four teenagers later said their videotaped statements had been coerced by detectives. "I never seen none of this stuff I was saying," Mr. Wise testified, referring to his statement. Prosecutors countered that, soon after their arrest, the teenagers had accurately described details of assaults that had yet to be reported. Linda Fairstein, the chief of the district attorney's Sex Crimes Unit, testified that she had overheard them talking in a holding cell about a jogger who had challenged them to a race. The jogger who issued that 3 challenge, Mr. Lewis, had not given that detail to the police yet, the prosecution contended, so the information could not have been planted by detectives. The teenagers' statements were not without apparent errors, however. Several said they had poured beer over Mr. Diaz's head and dragged him, unconscious, into the bushes; all details that Mr. Diaz contradicted on the stand. Similarly, Mr. Richardson's videotaped statement inaccurately described the jogger who had been hit with a pipe as wearing biking pants and shorts. Several other teenagers correctly said he had been wearing Army fatigues. At the conclusion of their trials, each defendant was convicted of at least one charge related to the rampage through the park in addition to the attack on the female jogger, although several of the convictions were later dismissed because of the defendants' age. Mr. Wise was acquitted of charges that he had assaulted Mr. Lewis and Mr. Loughlin, but he was convicted of riot. Jurors said they were persuaded by an alibi witness who said she had seen Mr. Wise outside his apartment building that night at a time when some of the assaults were taking place. Four years after his trial, Mr. Santana acknowledged being involved in one of the assaults when he appeared before the parole board. "I took part in with the beating of that man," he said. Mr. Wise made vague apologies during a similar session of the board for "acting like a bunch of idiots." But both men continued to deny any role in the sexual assault. Several months ago, ABC News reported that Mr. Wise had said in an interview that he had witnessed some of the assaults, a position at odds with his trial testimony, in which he said he had not seen anyone assaulted in the park. Mr. Wise's lawyer, Eric Seiff, said that the ABC report was not consistent with his understanding of Mr. Wise's position. The defense lawyers said there was no evidence to suggest that the five had con~itted any crimes. Simply being in a park at night, when rowdiness erupts, is not evidence of any crime, they said. Any convictions that arose from a trial in which the teenagers were unfairly portrayed as the predators in a vicious sexual assault cannot stand anyway, said Myron Beldock, a lawyer for Mr. Salaam. "Jurors would have been overwhelmed," he said. "It would have tainted their perceptions for the rest of the case." http://www.nytimes.com/2002/12/O2/nyregion/O2JOGG.html?ex=lO39862852&ei=l&en= 8bS037dc086aef50 HOW TO ADVERTISE For information on advertising in e-mail newsletters or other creative advertising opportunities with The New York Times on the Web, please contact onlinesales@nytimes.com or visit our online media kit at http://www.nytimes.com/adinfo For general information about NYTimes.com, write to help@nytimes.com. 4 Copyright 2002 The New York Times Company *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Monday, December 02, 2002 ,10:23 PM To: Update@NACOLE.org Subject: [NACOLE Update] Violence Against Police Officers in 2001 Violence Against Police Officers in 2001 Kurt Anderson, Associated Press WASHINGTON (Dec. 2) - The Sept. 11 terrorist attacks produced the single deadliest day in the history of U.S. law enforcement - 72 officers killed - yet almost as many died in nonterrorist incidents during 2001 as violence against police rose to a four-year high. The collapse of the World Trade Center in New York after the twin towers were struck by hijacked airliners accounted for 7'1 of last year's 142 law enforcement killings, the FBI reported Monday. The 72nd victim was a U.S, Fish and Wildlife Service officer who died when a plane commandeered by terrorists crashed in a Pennsylvania field. Overshadowed by the enormity of those numbers is another statistic: 70 other law enforcement officers were killed by criminals around the country in 200'1, the highest number since 1997 and a 37 percent increase over the 51 slain in 2000. "Law enforcement is a high-risk occupation," the FBI report says. "The men and women who serve the public in this way place themselves in danger as a matter of routine." Still, the nonterrorism deaths are far below those recorded in the '1970s, when it was common for more than 200 officers to die violently or in accidents every year, said Craig Floyd, chairman of the National Law Enforcement Officers Memorial Fund in Washington. That number for 200'1 would be about '148, "Fewer police are being killed in the line of duty than there were 30 years ago," Floyd said, "We've got more police on the street than we've ever had. They have better training and they're no longer outgunned by the criminals." The statistics, gleaned from 9,688 law enforcement agencies ac,ross the country, show that: Police are most likely to be shot to death with a handgun. All but nine of the nonterrorism murders involved a firearm. Night is the most dangerous time for a cop and Friday the most dangerous day. Sunday is the least violent. The South continues to lead the nation in law enforcement deaths, with 281 since '1992 - more than twice as many as the next-highest region. Twenty-nine of the 200'1 killings happened in the South. Two-thirds of police assailants had prior criminal records or arrests. Accidents claimed 78 law enforcers' lives, 64 involving car or motorcycle crashes. In the nonterror killings, 24 of the officers were slain while trying to make arrests, with another 14 killed while they answered disturbance calls. In at least nine cases, the killings happened when an officer tried to help someone in danger, and three were murdered while intervening in assaults. Seven officers were killed simply because they wore the police badge. In a Pennsylvania case, a 32-year-old officer was slain while making his regular on-foot rounds at a government-subsidized housing complex. One of the two suspects arrested, and later convicted, had apparently boasted of plans to kill a cop. Seven other killings involved cars used as weapons, including three officers who were dragged to death, two who were intentionally run down and two whose cars were rammed by other vehicles. One Texas wildlife officer was run over by his own car after stopping to check on a roadside domestic dispute. Of the nonterrer cases, 73 suspects were identified and 52 arrested, although the statistics do not show whether they were convicted of a crime. Ten suspects were shot and killed, two by officers who later died themselves. Five police assailants killed themselves. Thirty-eight of the 61 officers killed by guns in 200'1 were wearing body armor, but in all but one case, the bullet found a 12/3/02 Page 2 of 2 vulnerable area such as an officer's head or armhole. The 142 law enforcement killings occurred in 29 states, the District of Columbia and Puerto Rico, which had six. City police departments accounted for 105 of the fallen officers, with 24 working for county or sheriff's departments. Three state police officers and four federal law enforcement agents were killed in 2001. Of the 71 deaths that happened at the World Trade Center, 37 were officers of the Port Authority of New York and New Jersey Police Department, and 23 were from the New York City Police Department. An FBI agent and a Secret Service agent also died. In addition to the criminal deaths, 78 law enforcement officers died in accidents in 2001, down from 84 in 2000. There were also almost 57,000 assaults on officers as they performed their duties in 2001, with 80 percent of them involving hands, fists and feet. 12/02/02 17:04 EST 12/3/02 Page 1 of 5 Marian Karr From: Suelqq@aol.com Sent: Tuesday, December 03, 2002 10:03 AM To: Update@NACOLE.org Subject: [NACOLE Update] Seattle: 1 The Auditor Reports; 2 Activists Monitor the Auditor; 3. We All Learn NACOLE UPDATE READERS: Seattle has constructed a 3 part civilian oversight system (Office of Professional Accontability or OPA, an Auditor and the OPA Review Board), and has a concerned citizenry monitoring their work. This report summarizes the oversight system, as well as providing the Auditor's analysis. The letter that follows is a commentary on the report. Labor intensive, and thus difficult to maintain, this kind of painstaking & multi-part oversight, auditing and community cross-monitoring are needed to make oversight work. Congratulations to everyone in Seattle working on oversight and improved policing. May each of our cities find and engage enough concerned citizens to do this. SQ Seattle Police Department OPA Auditor Report to the Mayor & City Council September 2002 INTRODUCTION Although my report is done later in the calendar year than in the past, I believe it more appropriate for the auditor's report to be filed following the OPA Director's Report (June, 2002). Further, much of the content of my earlier reports, i.e., statistical data and analysis thereof, is now a part of the Director's report. Also, the Director was gracious in requesting input from me regarding many of her recommendations. I concur in her overall conclusion that, in simply reviewing numbers, there are no significant changes from prior years except for an increase in contact logs. My principal concern relates to the matter of officers with multiple complaints which should be addressed through an improved early warning system. Such a plan has been in the works f or a year now and needs to be acted upon. Due to the above, this repod will be a bit more reflective than in the past as well as touch on some areas not pursued in the OPA report. Its primary purpose is to provide the public and elected officials additional information about the operation of the Seattle Police Department's (SPD) discipline system. A. STRUCTURE OF OVERSIGHT Approximately ten years ago the internal investigations auditor position was created. This was the first time in the history of the department that a civilian was given direct and complete access to the discipline system. Following a report of a citizen panel, a new Office of Professional Accountability (OPA) with a civilian director was established in 2001. In 2002, an OPA Review Board, comprised of three citizens, was put in place. Each of these changes has been approved by the Mayor, City Council, and Police Guild. The three bases of civilian oversight of discipline within SPD (auditor, OPA Director, and Review Board) have different roles and responsibilities The Director manages the operation of the discipline system - from receipt of complaint, to investigation and finding. She and her staff (including a Captain, Lieutenant, and six Sergeants in the investigations section) are usually the first contact a citizen has with the discipline system Additionally, the Director is part of the command staff of the Chief of Police. The auditor is an appointed official and not an employee of the city. The auditor has access to all complaints and investigations thereof but has no official authority to require OPA to take any specific action. A significant amount of auditor time is spent interfacing with the OPA Director regarding the classification and investigation of complaints. By ordinance the auditor is required to report on his/her activities. The OPA Review Board is new this year. Their access to OPA files is more limited than the auditor. The Review Board is primarily designed as a policy group to be yet another check on the system to ensure fairness and thoroughness. I have been very impressed with the quality of the persons appointed to this board and their genuine interest in and commitment to understanding and trying to improve the discipline system. Also, their outreach to and reflection of concern from the community is an important part of the board's work. A challenge to the three entities (Director, Auditor, and Board) is to work together with very different roles. So far things have gone more smoothly than I anticipated. The relationships are still evolving but I think represent a well balanced, thoughtful oversight of SPD's discipline system with the ultimate goal of a necessary function where both police officer and citizen share a high degree of confidence. 12/3/02 Page 2 of 5 A change that might help to improve the relationship among the three parts of civilian oversight would be expanded access of the Review Board to unredacted OPA files. The confidentiality that I have taken an oath to follow and have faithfully adhered to can and should be shared by the Review Board. To understand the system you have to see all of it. Redacted files are not an adequate substitute for access. I have concluded a long time ago that the more the public representatives know the more confidence the citizens will have in the discipline system. Officers should not fear that their privacy and contracts rights as public employees will be impacted by granting appropriate access to the Review Board. This history of civilian oversight within SPD is important. It tells me that the public's representatives are positioned in key areas to monitor and recommend. I would caution against any more significant changes - other than to improve what we have. But, make no mistake, complaints against Seattle police officers are investigated as thoroughly and fairly as possible. People can and will continue to disagree with the results of particular cases. However, a discipline system within a police department should not become a place where change is constant and buffeted by the ebb and flow of views of the police within the community or ever increasing levels of civilian oversightJreview. The city is far better served by a stable and fair process - with dedicated, competent persons in positions of authority. B. SPECIFICS OF AUDITOR RESPONSIBILITIES As mentioned earlier, much of my work is interacting with the OPA director on the classification of complaints. Usually several times a week we confer in person, by e-mail or telephone on various complaints. On a weekly basis, 4 - 5 complaints draw most of our attention. Frequently, in the course of our discussions questions arise that the internal investigations' staff will try to follow up and seek answers for. In the end, less than 10% of the time do an Auditor and Director disagree. Ultimately, the responsibility for classification decisions (as well as every phase of discipline) rests with the chief. The current chief makes every effort to be as informed as time permits regarding matters within OPA. The importance of the classification decision is critical to the discipline system. It dictates what level of investigation, if any, is given to a complaint. Collaboration and discussion (often very direct and pointed) among the Director, Auditor, and Internal Investigations Captain are common. The varied inputs and approaches usually result in a careful and balanced decision. An area of concern here is the length of time given to decide on classification. Right now the period is severely contracted to 5 days. This is not fair to both officer and complainant. I would urge that the city and guild agree to extend the time for classification to 20 days to allow for adequate investigation and review. C. CLAIMS/SETTLEMENTS In 2001, the city paid out $84,134 in settlement of 14 claims and $550,924 in settlement of 17 lawsuits for a total of $635,058. This compared with a total of $113,502 in 2000. These numbers are not necessarily cause for concern.. Much of the increase relates to the settlement of W'I'O claims. Also, as the Director's report indicated, given the thousands of arrests, greater numbers of stops and several hundred thousand contacts per year by SPD, it is expected that claims and lawsuits will occur. However, these numbers need to be monitored the next couple of years to see if any trends are occurring - particularly with excessive force and/or illegal search or arrest claims. A potential problem is in the area of defense costs for claims. They amounted to $314,488 in 2001. I have no reason to question their reasonableness or the quality of representation. My concern is whether a portion of the costs could be reduced by having legal work performed by the staff of the city attorney rather than outside counsel. D. OTHER CONCERNS 1. Police/Community Relations I am very concerned by the walls of suspicion and fear that exist between the police and parts of our community - especially in many of the minority communities of Seattle. Disturbing, too, is the rhetoric of division and mistrust that can fill the media. We cannot change a history of mistrust between the police and sections of our community. But, if we can't learn from that history, we are likely doomed to repeat it. To begin with, this is not only a problem of police behavior. Just as persons in our community rightfully argue that they should not be judged by what they look like - so, too, should the police not be judged by the fact of their uniform. Unless this barrier of pre-conceived perceptions is broken down, a chance for mutual respect between the police and the various communities they serve is lost as well as substantially increasing the likelihood of recurring incidents that so divide us and deepen the wounds. As the only person in our city who has reviewed every complaint against SPD officers for the past 10 years, I make no excuses for police misconduct. It does occur and it hurts all of us - including the officers who follow the rules and are a credit to the department. But, it must be understood that the misbehavior of a few is not justification for condemnation of all. Both sides to the tension that so harms us must acknowledge this truth and reach out. In terms perhaps too blunt for some, we ask the police to do the 'dirty work' of regulating and controlling the affairs of our 12/3/02 Page 3 of 5 community and maintaining order. Common sense says that such interaction will result in conflict with citizens. Tempers will be lost and things will happen from which complaints against officers will follow. The discipline system must thoroughly and fairly sort it out. I believe the present system does just that. The bigger question, though, is can people of good will in the community accept this reality, show respect for the police and their role in the community - knowing that the alternative of continual blame and suspicion is crippling to our community. Criticism, hindsight, and disparaging the discipline system don't improve any thing and, I have come to believe, encourage division in the community. 2, Rudeness Perhaps reflecting some of the public attitude toward them, I am seeing an increase in incidents of overreaction by the police toward minor transgressions. The fact the police may feel pressure and anger from a variety of directions in our society is no excuse for showing disrespect or rude behavior toward law abiding citizens. It only aggravates the community relations problem discussed above by causing citizens to see the police in a bad light. My experience tells me that regular exposure to the very worst in our society - where incidents of spitting, kicking, yelling, and worse are regular fare - may not incline a person to become a paragon of politeness. But distinguishing between the situations where an aggressive attitude is required and those where it is harmful is a part of police work. In many ways this is a leadership issuel Supervisors are in the best place to monitor this problem. There must be an expectation that respect will be shown toward our citizens and the failure to do so will result in sanctions. To not view rudeness problems as a serious issue will only serve to undermine any efforts at repairing police/community relations. Other jurisdictions have introduced 'overreaction' provisions into the police code of conduct. Such an approach can address issues of the poor exercise of discretion and judgement. I would urge the department to study the implementation of such a change. The police may legitimately raise a concern that there should in fairness be an 'overreaction' provision in the 'public' code of conduct as well. However, we have always held our officers to a higher standard of conduct and as individuals whose actions need to be worthy of respect. 3. Mediation I want to again indicate my commitment to focus on trying to improve the relationship between the police and law-abiding citizens. I sometimes wonder if people have simply stopped listening to one another. For example, there are aspects of police work about which many members of the public have no clue. Conversely, I see examples where people, just trying to get by in this wodd, face harsh treatment from the police unnecessarily. To try to bridge the gap, it would be a positive development in my mind to redirect some complaints {on at least a trial basis) to a facilitative approach rather than the quasi-judicial requirements of the discipline system. Minor complaints regarding the taking of reports, politeness, length of stops, etc., could be taken out of a discipline system (with the agreement of the officer and citizen) and addressed through a trained facilitator. This isn't presented as a panacea but, rather, one step in helping to break down the walls of distrust that in the end serve to impede the police in their work. This matter of establishing at least a pilot program for the mediation of complaints is extremely important to me. I am somewhat frustrated by the delay in implementation in as much as I have been discussing it for a few years now. it is time to get past the talking stage. The barriers between the police and community need to be lessened and this program can be an important first step. My work the past few years has shown to me the benefit of persons with differing views trying to gain better understanding My question is - why not? Why not now? CONCLUSION No longer reporting primarily on statistical data, I have tried to provide an historical perspective to civilian oversight within SPD. Also, I have deep concern over the seemingly growing divide between police and some in the minority communities. My suggestions of more mutual respect and avoidance of stereotyping are only the beginning of some very difficult steps toward a solution. Likewise, matters of hiring, training, and supervision need greater attention then the discipline system in the long run. Finally I dedicate this report to our wonderful city for giving me the opportunity to serve and the many Seattle police officers who do their job with pride and professionalism. Dated this day of September, 2002. Terrence A. Carroll, Auditor Response to Report from Tony Granillo: Dear Judge Carroll, Having spent two years addressing police accountability and the City of Seattle Office of Professional Accountability 12/3/02 Page 4 of 5 (CPA) legislation as a member of the Seattle Human Rights Commission I would like to offer some comments on your audit report to City Council dated September 2002.1n general I commend the tone and tenor of the comments and observations. I am especially impressed at recommendations for an early warning system to assist with identifying problem officers as well as a call to study mediation as an option for resolving certain police complaints. These are two consistent themes that have been addressed in earlier audits and it is time these recommendations are implemented. I appreciated the reflections on police/community relations and rudeness. As noted, this is an area of increasing concern. Until both sides of the policing equation come to see each other as deserving of trust and respect it will be difficult to mend the riffs that have developed in recent years. Developing "overreaction" provisions in police codes of conduct may be difficult but the idea holds merit for exploration. And acknowledging the need to solve the community side of this equation opens an important dialogue even though no specific recommendation is offered. I do take some exception with the analysis of the police oversight structure as related to the CPA Review Board While I agree with the recommendation that the review board be given access to unredacted CPA files, I disagree wit h the caution that more significant changes not be attempted other than to improve what has been put in place. The need for independent citizen review and direct involvement in the police discipline process has been a hallmark of community demands for improved police accountability dating back at least to 1989. With the establishment of the current review board structure Seattle can finally realize this citizen requirement The Seattle Human Rights Commission took a first step by recommending to the mayor on April 25, 2002 these additional authorities for the review board: 1. Review board access to unredacted, complete investigation files (also a recommendation of the audit as noted above)2. Review board authority to initiate investigations of complaints with the CPA3. Review board authority to re-open closed investigations4. Review board authority to reclassify complaints as line investigationsThese limited improvements should be implemented immediately and additional authority including the ability to subpoena witnesses, direct investigations and participate in the recommendation of discipline should be considered soon after. Perhaps by acknowledging the need for an involved citizenship in the direct investigation of complaints through an independent citizen police review board we will realize the progress needed heal the community side of the "overreaction" equation noted in the audit report. The CPA Review Board offers this hope. It is time to make it a reality. Sincerely,Tony Granillo Former Commissioner Seattle Human Rights Commission 5115 South Brandon Street Seattle, WA 98118-2520206-725-9326(h) The contents of this correspondence are personal from the author. They are NOT a communications of the Seattle Human Rights Commission or of any other implied groups or associations. 12/3/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Tuesday, December 03, 2002 10:36 PM To: Update@NACOLE.org Subject: [NACOLE Update] San Francisco: Mayor, Chief Soft-Pedal Cop Fracas Mayor, chief soft-pedal cop fracas Hallinan says police officials upset over flaws in investigation Jaxon Van Derbeken, Susan Sward, Chronicle Staff Writers Saturday, November 23, 2002 ©2002 San Francisco Chronicle. URL: http:l/www.sfgate.comlcgi-binlarticle.cgi?file=lchroniclelarchivel2002111/23/MN236055. DTL San Francisco - San Francisco's mayor and police chief downplayed concerns Friday that police had mishandled the investigation into three off-duty officers accused of a street beating even as District Attorney Terence Hallinan said the department's own top investigators were angered by flaws in the probe. Mayor Willie Brown suggested that the incident involving the officers and two other men might have amounted to a street brawl between mismatched opponents. Chief Earl Sanders compared critics of the investigation to those who vilified Jesus Christ. They made the comments at a Union Square event two days after two San Francisco men accused the off-duty officers of assaulting them just after closing time outside a bar on Union Street near Pacific Heights. Brown's and Sander's views of the incident and its aftermath differed sharply from those of the district attorney. Hallinan emerged from an hourlong meeting with senior police officials at the Hall of Justice to say they were unable to explain failings in the early investigation into whether the off-duty officers, including the son of Assistant Chief Alex Fagan, had committed an unprovoked attack early Wednesday. One of the two alleged victims was beaten bloody and required hospital treatment. Hallinan said none of those at the meeting -- Deputy Chief David Robinson, Capt. Paul Chignell, who is overseeing the probe, and the two case investigators -- could say why police had failed to seize the clothes and shoes of the officers to test for blood following the incident. He also said no one could explain why the two men who say they were assaulted - 25-year-old Jade Santoro and his friend Adam Snyder, 23 -- were not allowed to make an on-scene identification of the suspects or why the officers were allowed to drive away without being detained, interviewed or tested for alcohol levels. SERIOUS PROBLEMS CITED Police officials familiar with the meeting confirmed that investigators said there were serious problems with the case involving Officer Alex Fagan Jr., 23, the assistant chief's son, and Officers David Lee, 23, and Matt Tonsing, 27. Tonsing's age was incorrectly reported earlier as 21. "We are upset by the way this investigation has been pursued so far, as are the police officers we spoke with," Hallinan said after the meeting. "Everybody is trying to repair whatever damage there may be." Chief Sanders was not at the meeting. But at the Union Square event - designed to assure holiday shoppers that they are safe in San Francisco - he said criticism of the department was misplaced and that Hallinan's remarks were "unfortunate." The chief also invoked a religious comparison, saying, "Certainly, there are always critics of every investigation. There are always critics. We are going into one of our major holiday seasons, to celebrate the birth of a leader of the religious world. And I do recall in my readings that he was criticized." At the same event, Brown suggested that the incident could have amounted to "mutual combat" and that if those involved were "small and inefficient at it like I am, they don't always win the fight .... If there is mutual combat and all of us admit we were there and all of us admit we participated, there is no crime scene to investigate." Pressed about his comments, Brown said, "You don't need to figure out who the Zodiac killer is in this." The serial killer known as the Zodiac killed six people in Northern California in the late 1960s and was never caught. Snyder said in an interview that Brown's suggestion of mutual combat was "inappropriate," given the way the case was dealt with and the injuries involved. ATTACK 'NOT PROVOKED' "This was not provoked whatsoever by Jade or myself," Snyder said. "The only thing that possibly provoked it is we wanted to walk away." Santoro said he suffered a broken nose and required staples in his head to close a gash. Snyder said he had a bruised and swollen right knee and a swollen back. Snyder said he and Santoro had been attacked for no reason after Snyder refused to surrender a container of steak fajitas to obviously drunken men who confronted him about 2:30 a.m. Wednesday outside the Blue Light bar on Union Street, where he works as a bartender. The issue of whether the off-duty officers were drunk is murky. If they were, and if they were carrying their guns at the 12/4/02 Page 2 of 2 time, they could face discipline. Hallinan said the department had compelled the officers to give urine tests for alcohol when they came to Northern Station on Fillmore Street ~vell after the incident, but said it was unclear whether the results can be used against them in a criminal case. A source knowledgeable with the handling of the incident said the test was not administered until 7 a.m., more than four hours after the incident, and not before the officers had drunk large amounts of water in hopes of purging the alcohol from their systems. Police sources said that while there is widespread belief that drinking water or coffee can lower alcohol levels in the body, in reality the only effective measure is the passage of time. Prosecutors said they had not heard about any water-drinking episode. The Police Department's spokesman has declined to comment on the details of the investigation. Jim Collins, attorney for the younger Fagan, said he had not heard about the alleged water-purging and called it "hard to believe." Collins said his client was simply defending himself on the street that night and that he is confident the officer will be cleared. None of the officers has been available for comment. The elder Fagan, who was promoted to the department's second-in-command post by Brown in July, deflected any questions about the incident Friday. He said that when he learned his son was involved, he told officers "to handle it as any other case." Fagan added that he has recused himself from the investigation. With the department intent on convincing the public that its investigation is now proceeding properly, the focus on every aspect of the case is intense, both inside and outside the SFPD. In a case involving officers as suspects, "it is very important that police are seen to be taking all the proper steps," said Barbara Attard, a former San Francisco police complaint investigator and now director of the Berkeley Police Review Commission. "Otherwise, community trust in the police doing their job in a fair and equitable way gets really undercut. "No department can afford to lose that type of community trust." E-mail the writers at jvanderbeken@sfchronicle.com and ssward@sfchronicle com. 12/4/02 Page 1 of 6 Marian Karr From: Suelqq@aol.com Sent: Tuesday, December 03, 2002 10:36 PM To: Update@NACOLE.org Subject: [NACOLE Update] Secret Service: Under Cloudy Skies US News & World Report Nation & World 12/9/02 Under cloudy skies Personnel losses and plummeting morale are hobbling the Secret Sen/ice's Uniformed Division BY CHITRA RAGAVAN This summer, a rather odd advertisement appeared in Simulcast, the trade newspaper of the Washington, D.C., branch of the Fraternal Order of Police, the nation's largest police union: "FOP D.C. Lodge #1 Tells Applicants, 'Say No' to U.S. Secret Service."The ad said that during recent Secret Service recruiting interviews, "information, believed to be false and misleading, was passed to prospective applicants in order to secure their employment." The ad further stated that such "false and misleading statements along with Secret Service mismanagement," is why the FOP "must strongly discourage anyone from applying for positions in the Secret Service or the Uniformed Division at this time." As if that weren't enough, the ad recommended nearly half a dozen other federal law enforcement agencies that would be preferable to the Secret Service for its members weighing future employment prospects. Similar ads are expected to run in FOP publications nationwide, reaching nearly 300,000 members. The FOP ad illuminates a deepening series of problems that confront the Secret Service at one of the most critical moments in its history. As President Bush continues prosecuting the war on terrorism and contemplates opening a second front in Iraq, the security threats he and other U.S. leaders face are at an all-time high. At the same time, the Secret Service is beset by what many veteran officials call crises of leadership, morale, and personnel. Last month, Secret Service Director Brian Stafford, suddenly and quietly, announced his retirement. First among the challenges facing his successor is a manpower shortage that is hobbling protective details from those of the president on down. Next is a debilitating rift between the service's Uniformed Division, consisting of fewer than 1,000 officers, and the plainclothes special agents who guard the president, vice president, and other dignitaries. Internal statistics provided to U.S. News indicate that in the past year, the Secret Service has lost nearly 320 uniformed officers and more than 100 plainclothes agents. The numbers only begin to tell the story, however. In a yearlong inquiry, U.S. News spoke with nearly 50 current, and former Uniformed Division officers and plainclothes special agents as well as more than a dozen officials from other law enforcement agencies that interact regularly with the Secret Service. The magazine's inquiry has documented numerous instances of criminal and official misconduct, security lapses, and abuses of government authority. Secret Service executives have declined repeatedly to respond to the magazine's findings. In an internal E-mail sent on Sept. 3, 2002, Director Stafford said that the agency is "affording our nation's 12/4/02 Page 2 of 6 leaders, their families, and others we are mandated to protect the highest level of protection possible.." Four months ago, the Treasury Department's assistant secretary for enforcement, Kenneth Lawson, sought voluntary interviews with Uniformed Division officers to ask about the findings of the U.S. News series. That inquiry is ongoing, as is a major leak investigation by the Secret Service's inspection division to identify agents and officers who may have spoken to U.S. News. President Bush was so disturbed by the magazine's reports, several senior government officials said, he demanded detailed explanations of Secret Service executives. Whoever is chosen to lead the Secret Service, there is no indication that its problems will be solved easily or quickly. One reason: The agency will be absorbed into the newly created Department of Homeland Security. The difficulty of putting the new agency together, officials say, is likely to preclude dealing immediately with the problems of any of its subsidiary departments. Rookies. The deepest and most troubling of the problems facing the Secret Service, current and former officials say, involve the management and direction of the officers of the Uniformed Division, who form the front lines of defense at the White House and foreign embassies. They include officers in the Special Operations Section who man X-ray machines, elite countersniper marksmen who protect the White House from possible terrorist attack, Canine Explosive Detection Teams, crime scene search technicians, and the Emergency Response Team, trained to react to hostile assaults with deadly force. The departure of so many uniformed officers has affected the performance and morale of all of these units, veteran officers say. Consider: Secret Service executives are assigning rookie recruits to man security posts around the White House and the vice president's residence and at foreign missions. Many of these recruits have not yet been fully trained or, in some cases, had criminal background checks completed. The trainees, unarmed, have been given temporary White House identification passes and are allowed to work the magnetometers, check bags, staff security details, and stand post at numerous checkpoints. The security risks are considerable: The Secret Service was forced to fire one trainee just a week before graduation, before he was posted, because he failed a background check. Under the agency's current policy, other recruits with criminal records could inadvertently be assigned to security details on the White House grounds, veteran uniformed officers say. That risk exists especially because the agency has drastically cut the average time it takes to recruit, check, polygraph, and train someone from 2~ years to under six months. "They are trying to recruit now," says one officer, "but we are in a bottomless pit." Uniformed Division officers must work so much overtime that they are not given time to train on new weapons or to requalify for continued use of existing weapons. Secret Service regulations require agents and officers to requalify every month for handguns and every three months for shotguns and submachine guns. Uniformed Division officers were assigned new Remington shotguns months ago, but they have yet to receive training to use them, even though they carry them in their marked police cruisers. "It's all muscle repetition," says an officer. "You need the training." Plainclothes special agents on the president's protective detail have also been scoring Iow on pistol, shotgun, and submachine gun qualifications, several sources say, because they, too, have been given insufficient time to train. 12/4/02 Page 3 of 6 In their scramble to beef up security, Secret Service executives have pulled Uniformed Division officers from their posts at foreign embassies around Washington to guard the White House, leaving these missions dangerously vulnerable, officers say. In 1970, there were 400 officers assigned to guard 144 diplomatic locations. Today, there are fewer than 100 officers assigned to the Secret Service's Foreign Missions Branch to guard roughly 600 locations. In 1991, the Uniformed Division posted 35 to 40 officers per shift at foreign missions. Today, there are only 13 to 14 officers per shift. The Secret Service has eliminated two-man police cruisers, foot patrols, bicycle and motorcycle patrols, and motorcade assignments. Today, junior officers must patrol alone in marked cruisers. "These are young kids," says a veteran officer. "They don't have the background, [and] they're going to get their asses kicked one of these days." On the morning of the September 11 attacks, Secret Service executives did not implement an "emergency call-up" of all personnel until the third plane crashed, into the Pentagon. When the agency finally set up a perimeter around the White House complex, officials ordered uniformed officers to stow their submachine guns out of sight because they feared they looked too "militaristic." Uniformed officers were enraged. "All we were left with," says one, "were our pistols." When President Bush returned to the White House, the Secret Service's Emergency Response Team, the Uniformed Division sharpshooters assigned to respond to any terrorist strike, was waiting for Marine One, the white-topped presidential helicopter, on the South Lawn. But senior agency officials, who were also there, ordered the ERT officers to pull back so that the television cameras would not capture images of the heavily armed sharpshooters and alarm the public. Government sources say that several ERT officers reported that they were too far away from the president when he stepped out of Marine One to be effective if something had happened. Different strokes. Although they work intimately together, uniformed officers live in a world very different from that of plainclothes agents. The cultural, social, and financial gulf between the two communities has resulted in distrust, contempt, and hostility, agents and officers say. Disputes between officers and plainclothes agents are legion. They include disparities in pay, promotion, disciplinary structure, and rules regarding carrying of weapons, and the inability to gain collective- bargaining rights. A controversial restructuring that placed special agents throughout the Uniformed Division's chain of command and a policy requiring officers not to write traffic tickets or make arrests has angered officers. But despite filing numerous grievances and lawsuits, officers have made few inroads. The special agents run the Secret Service. Every Secret Service director in the agency's 137~year history has been a special agent. "No member of UD," says one veteran officer, "could ever aspire to be director of the agency. It's not even a possibility." Indeed, uniformed officers seldom are allowed to even join the coveted plainclothes ranks-a fact that was underscored in the FOP union's recent ad denouncing the unfairness of the agency. Apparently, agency recruiters were telling applicants that the Uniformed Division was a fast track to plainclothes work. But senior executives never followed through on their promises to applicants who joined the Uniformed Division, according to several uniformed officers. This caste system can be seen in other ways. Every special agent gets a government car and parking permit; uniformed officers slog to work on public transit or fight for parking around the White House. Each year, at Christmastime, uniformed officers posted to the White House can only stare through the 12/4/02 Page 4 of 6 frosted windows of the presidential mansion as special agents attending the annual Christmas party rub elbows with the president and first lady; uniformed officers are not invited to the party. Officers say that special agents get preferential treatment and benefits. They don't have to use up their sick leave or bring in doctor's notes to prove they were sick; they move up the ranks faster and make more money. The agency is always "working deals," in the words of one veteran, to benefit agents but not officers. Despite their discontent, until recently, many Uniformed Division officers had little recourse but to sweat it out until retirement. With the creation of the new Transportation Security Administration after the 9/11 attacks, however, that changed. The sudden demand for air marshals, and the top dollar they command, has led to wholesale desertions from the Uniformed Division. Even before the TSA was created, however, senior executives were having little success stanching the flow of uniformed officers from the ranks. An April 19, 2000, internal memorandum cosigned by C. Danny Spriggs, now Secret Service deputy director, and Michael Prendergast, then Uniformed Division chief, stated the following: "Over the past 18-month period," the service has "engaged in an ambitious agenda of self- analysis and examination .... [But] despite our best efforts, the manpower deficiencies and associated workloads within the Uniformed Division, particularly at the White House, remain at unacceptable levels." Secret Service statistics furnished to U.S. News indicate that between August and November the fewer than 1,000 officers worked 500,000 hours of overtime. That translates, on average, to 90-hour workweeks per officer. That overtime is equivalent to hiring 208 full-time officers over three months-or doubling the entire force over a year. Out the window. In 2000, the Treasury Department, the parent agency of the Secret Service, appointed Elisabeth Bresee, then under secretary for enforcement, to head an interagency group to examine morale problems in the Uniformed Division. A Jan. 19, 2001, memo written by Bresee summed up some of the causes. The division, Bresee wrote, "is beset by severe staffing shortages among its key operational units." Not only was the Uniformed Division losing officers; it was having real problems attracting new ones. "Despite an intense recruiting effort," Bresee wrote, the Secret Service "was forced to cancel the first scheduled UD recruit class for FY 2001, due to insufficient applicants." The second class was unable to reach its goal either, swearing in only 20 applicants for a 24-recruit class. Bresee added that, for UD officers, "training time available for physical fitness, firearms, classroom training, and joint exercises with the special agent workforce is almost nonexistent." She says Secret Service managers had acknowledged that mass transfers of personnel from the Foreign Missions Branch to the White House "clearly affected the overall security effort" but added this caveat, reflecting the insistence of Stafford and other agency executives that everything was fine: "[T]he Secret Service firmly believes that 'critical' protective coverage is still being provided." Since then, things have gotten worse. The continued loss of key personnel has jeopardized the agency's protective mission, many veteran officers say. It's not just the strain caused by heightened security against a possible terrorist attack but the markedly diminished experience levels of many officers. Not too long ago, uniformed officers stayed on the job 20, 25, even 30 years, often past retirement. As of July 1, internal statistics provided to U..S. News show, the average length of service of the uniformed officer corps is just eight years. And nearly half those officers-42.5 percent-have less than three years on the job. Of the entire corps, 10.8 percent are eligible to retire immediately. "Your experience," says one veteran officer, "it's dr aining out of the window." Among the officers who remain-and many are still intensely loyal to the Secret Service-the arrogance of the plainclothes agents who compose the agency's executive corps is demoralizing. "It's the treatment," says a veteran officer. "It's all about the treatment." Many say they feel abandoned by their immediate supervisors, who don't protect their interests, and by the agency's top executives, who don't seem to care. In this environment, they say, it is difficult for them to put their lives on the line. "We are expendable," says one officer. "We are squeezed out, thrown out." 12/4/02 Page 5 of 6 Icy treatment. For many officers, a 1998 incident has become emblematic of their status and working conditions. On a bitter winter morning, when temperatures had plummeted into the teens, Officer Matthew Hudren was standing post toward the end of the midnight shift near the south fence of the White House. With more than an hour to go before his shift ended, Hudren, sources say, decided to jump in a "warm-up" vehicle for just a few minutes. The watch commander quickly descended, ordered Hudren out of the car, locked it, and took away the key, stating that he wanted to see Hudren standing post till the end of his shift because senior agency officials and supervisory agents were about to arrive. According to knowledgeable sources, as he braced against th e icy wind, Hudren felt his police hat sticking to his head. His ears burned. His toes felt numb. Realizing something was wrong, Hudren called his sergeant. The man rushed Hudren in to see one of the physicians working in the West Wing. The doctor diagnosed Hudren as having the beginnings of frostbite. Furious, the physician called the watch commander and the deputy chief of the Uniformed Division. Neither man expressed any sympathy, dismissing the doctor's complaints. Outraged, the physician filed a written complaint. But the agency ignored that too. Many uniformed officers say this kind of thing happens all too often. Some of the tiny white booths where officers stand post on the White House grounds have no heating or air conditioning. The joke among some officers is that even Uniformed Division dogs have it better. The vehicles that hold and transport the service's bomb-sniffing canines are air conditioned and parked under special tents to keep the heat out. Many officers believe they are still being punished for their efforts nearly a decade ago to win collective bargaining rights and form a union. For several years in the early '90s, the FOP had been trying to get collective bargaining rights for the Uniformed Division. FOP members had supported President Clinton because of his campaign pledge to grant them that benefit. By 1997, seeing no results, uniformed officers picketed the White House. The FOP wrote angry letters to Clinton for failing to keep his promise. At issue was an executive order signed in 1979 by President Carter, excluding the Uniformed Division and other law enforcement entities from collective bargaining. Just as it seemed that officers might finally win that right, the Monica Lewinsky scandal hit the papers. Independent Counsel Kenneth Starr began seeking the testimony of uniformed officers and agents, to determine what they may have seen or heard about the president's relationship with Lewinsky. Then Director Lewis Merletti invoked a controversial new legal theory known as "protective function privilege" and argued that if agents testified before a grand jury, it would destroy their anonymity and even cost lives. In the end, Starr questioned a number of uniformed officers and agents. But only one agent, from the inner perimeter of the president's detail, Larry Cockell, was interviewed. Justice Department and Secret Service attorneys told officers not to aris wer any questions covered under the "protective function privilege." However, Starr's prosecutors told the officers they could be prosecuted for obstruction of justice. Officers felt the dispute placed them in legal jeopardy and agreed to testify at length. "They served up the UD," says a veteran officer, "on a platter." By the time the Lewinsky scandal ended, so had any chance of obtaining concessions from the Clinton administration. The Clintons and Secret Service executives believed that some of the uniformed officers had provided too much information to Starr. "The Secret Service was looking at the Uniformed Division to take the fall," says one former officer, because they felt that "you guys ratted out the president." Several officers told U.S. News about an incident that took place in the fall of 1998 that soon came to symbolize the lack of respect shown to officers not only by their own supervisors but even by some White House inhabitants. One morning, a few months before the frostbite incident, Matthew Hudren was standing in front of the White House south portico when Hillary Clinton strode through the doors, 12/4/02 Page 6 of 6 to step into her limousine. The kewinsky scandal was in full flower, and feelings throughout the Secret Service and the White House were raw. Hudren, a former marine who speaks fluent Arabic, has a business degree, and served three combat tours in the Middle East, said, "Good morning, ma'am." Multiple sources, questioned separately about the incident by U.S. News, confirm the same account. They say the first lady looked at Hudren and responded sharply, using offensive language. A spokesman for Mrs. Clinton denies these accounts, calling them "a ridiculous old rumor" Hudren, who had been out of training only three months, told several colleagues about the incident. They, in turn, reported it to the chief of the Uniformed Division. The service was told that an agent had overheard the exchange between Clinton and Hudren and had apologized to Hudren on her behalf. Cockell, the head of President Clinton's protective detail, told U.S. News that the agency spent considerable time trying to investigate the matter, which had, Cockell said, been brought to senior agents' attention by Hudren's colleagues. "We tried to corroborate anybody hearing the exchange," said Cockell, "and we couldn't." Payback. Hudren's colleagues urged him to file a complaint with the Fraternal Order of Police in order to seek a formal apology from Mrs. Clinton, uniformed sources say. The plainclothes agents on Mrs. Clinton's detail, sources say, were sympathetic but urged Hudren to exercise restraint. Afraid that the whole thing would hurt his career, Hudren let the matter drop. Hudren has since left the service. To many who remain, the incident stands as a bitter coda for the men and women of the Uniformed Division. "When the Lewinsky thing came out," says one officer, "things went really bad. We're still paying for that." A'nd paying. Shortly after the Starr investigation concluded, Secret Service executives began a complete restructuring of the Uniformed Division and, without any direction or approval from Congress, began assigning plainclothes agents to key positions throughout the chain of command. The Uniformed Division lost all autonomy on providing security at the White House "Now," says an officer, "you have special agents telling our deputy chief what to do." Special agents-not uniformed officers-today address grievances and resolve disciplinary issues. "Our own people cannot do anything to help us," says an officer. Adds a 15-year veteran of the Uniformed Division, who is contemplating quitting the force: "Our chief is like the queen of England. They roll him in and they roll him out, only for show." With Anne Bradley and Nancy L. Bentrup 12/4/02 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Tuesday, December 03, 2002 10:36 PM To: Update@NACOLE.org Subject: [NACOLE Update] NYC Officer Suspended for Refusal to Arrest Homeless Man November 30, 2002 Officer Defies NYPD Over Homeless ~ The force suspends Eduardo Delacruz for his refusal to arrest a man sleeping in a garage. He calls his stand a matter of principle. By Josh Getlin, Times Staff Writer NEW YORK -- Amid growing complaints that the New York Police Department is singling out homeless people in anti- crime sweeps, police officials have suspended an officer who refused orders to lock up a homeless man sleeping in a private Manhattan garage. Officer Eduardo Delacruz was taken off the force for 30 days after telling superiors he would not participate in the arrest of Stephen Nell, 44. The man had refused a police request to immediately move on or report to a shelter. Delacruz, who was par[ of the department's Homeless Outreach Unit, reportedly had told other officers earlier that he would not take homeless people into custody. According to a police report, he reiterated that position when other officers began to arrest Nell during the Nov. 22 incident, saying: "1 told you before, I'm not going to do it. I won't arrest an undomiciled person." The suspended policeman stood by his actions Friday, telling the New York Post that his refusal was a matter of principle that "means a lot to a lot of people." He has refused all further comment about his suspension. The controversy underscored a growing debate over the way the NYPD monitors homeless people. Although precise figures are not available, police officials say that the number of homeless arrests for a variety of infractions is increasing, mainly because there have been more encounters between officers and street people. There are an estimated 37,000 homeless people in New York City, an all-time high. Advocacy groups blasted the suspension as heartless, and Patrick Markee, spokesman for the Coalition for the Homeless, said Delacruz should be applauded for his sensitivity. Other groups are trying to end what they call a deliberate practice of arresting more homeless people. Picture the Homeless, a Manhattan-based organization, filed a lawsuit this week against the NYPD, charging that police have been told to aggressively seek out homeless people and take them into custody for minor infractions that would normally not result in arrest. The New York Civil Liberties Union has also filed a lawsuit on the matter, seeking to have the policy declared unconstitutional. Police officials stress that the Delacruz case is more about internal police procedures than the question of how to deal with homeless people. Police Commissioner Raymond Kelly defended the department's decision to take away Delacruz's gun and shield. Under police guidelines, a refusal to follow an order calls for an immediate suspension, officials said. Delacruz, an eight-year veteran on the force, will probably face a departmental trial for insubordination. "You have to be able to follow the directions of a supervisor," Kelly said. "Being a police officer is not for everybody. And perhaps this officer feels he's not suited for the job. We don't know." New York adopted tougher policies on the homeless under former Mayor Rudolph W. Giuliani, sweeping them out of Times Square and other large public spaces. Despite these efforts, however, the number of people without shelter in the city -- a perennial problem -- has been growing rapidly. Mayor Michael R. Bloomberg, whose policies toward the homeless have come under fire from activists, backed up the Police Department's disciplinary actions and said: "There's always somebody that doesn't understand the law and doesn't interpret it the right way. That's what we have management for, and the NYPD in this case is really above reproach. 12/4/02 Page 2 of 2 "Nobody suggests that we don't have compassion, nor that the NYPD doesn't have compassion," he added, standing before the 43rd Precinct house in the Bronx. "They look at the people in the streets, and they know they need help, and they try to get it for them." Although the Patrolmen's Benevolent Assn. has declined to comment on Delacruz's case, the police officers union has branded the policy of arresting homeless people as "organized harassment." And several homeless people who spend time near the Manhattan garage where Nell was arrested have voiced sympathy for the suspended officer. "He's a good guy; he's got a heart," Michael O'Shaugnessy said of Delacruz. "He knows it's not a crime to be homeless, and the NYPD should be ashamed of itself." 12/4/02 Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Tuesday, December 03, 2002 10:36 PM To: Update@NACOLE.org Subject: [NACOLE Update] San Francisco Part 2: Probe in Spotlight; Assr Chief Tied to Son's Investigators Probe of 3 officers puts SFPD in spotlight Assistant chief closely tied to son's investigators Susan Sward, Jaxon Van Derbeken, Chronicle Staff Writers Sunday, December 1, 2002, SF Chronicle On a late September night, hundreds of people packed the Italian American Social Club in San Francisco's Excelsior district to celebrate Alex Fagan's ascendancy as the city's No. 2 cop and the promotions of three of his fellow narcotics unit veterans. It was a gathering of the clan, honoring officers bonded together by their years in that insular unit. Flyers advertising the party announced, "Narcs Done Good." Fagan and his fellow guests of honor -- Greg Suhr, David Robinson and Greg Corrales -- wore Hawaiian shirts. In the crowd were prosecutors, judges and federal and state agents marking the elevation of four off~cers from a unit that sees itself as aggressive and streetwise in ways no average radio car cop could be. Nothing about the dinner foretold what was to come: Today, two months later, Assistant Chief Fagan finds himself in the midst of one of the biggest department uproars in years -- with the conduct of his own son being reviewed by some of the very officers he has worked with for decades. Early on the morning of Nov. 20, Fagan learned that his 23-year-old son, Officer Alex Fagan Jr., and two other officers had gotten into an off-duty fracas with two San Francisco men outside a Union Street bar. One of the two men ended up with a broken nose and a gash on his head. Exactly how the fight started, and how police handled the early hours of the investigation, is the subject of an intensive probe by the Police Department -- an agency of 2,300 officers where friendships and loyalties stretch back many years. The department's response to the incident could face scrutiny by the civilian-run Office of Citizen Complaints, which has also opened an inquiry. For some, there are doubts about just how detached the department can be. The 52-year-old Fagan says he is staying out of the investigation. But many of the officers involved in the incident's aftermath have moved up the ranks with the assistant chief, either serving with Fagan in the narcotics detail, where he worked for 13 years, or at Northern Station, where he was captain until July, or elsewhere. They include: -- Capt. Corrales, head of Mission Station, who supervises two of the officers involved in the incident with Fagan's son: Matthew Tonsing and David Lee. A burly ex-Marine, Corrales has his own controversial past, including lawsuits and claims of excessive force and other improper conduct, which cost the city thousands of dollars. Corrales says he has known Fagan for 30 years, briefly worked with him in narcotics and for a while was his supervisor in the unit. In an interview last week, Corrales defended the conduct of Fagan Jr., Lee and Tonsing and ridiculed as "ludicrous" their accusers' story -- that the off- duty cops attacked them after demanding their bag of steak fajitas. He did not respond to a request to comment for this stoW. -- Two command staff members, Deputy Chiefs Robinson and Suhr, who both were in the narcotics unit with Fagan. Suhr and Fagan were sergeants on the same six-member team for five years, and Suhr now oversees all 10 district stations. Suhr said he had insisted on taped rather than written statements from patrol officers at the scene of the Nov. 20 confrontation because those would be more complete. "We pride ourselves on our caliber as officers, and none of us would taint our careers by not being objective," Suhr said. Robinson, whose staff is responsible for the criminal probe of the incident, did not respond to a request for comment. -- Capt. Paul Chignell, a former leader of the powerful San Francisco Police Officers Association, is heading the investigation. In the years when he led the police union, Chignell defended hundreds of officers, including the elder Fagan, in a 1990 disciplinary case in which Fagan was suspended for 15 days and ordered into an alcohol treatment program. Department sources said Chignell has been pressing behind the scenes for a tough probe. Chignell, the captain of investigations, said his "integrity in investigating cases is beyond reproach," and added that when he was mayor of San Anselmo in 1999, '1 supervised the removal of the police chief, who was my friend." 'EVERYONE KNOWS EVERYONE' Many in the department say it is inevitable that some officers with roles in the investigation will have had long-standing relationships with the elder Fagan. 12/4/02 Page 2 of 3 "San Francisco is a very small department, and everyone knows everyone. Our careers are always overlapping," said narcotics Inspector Gan/Delagnes, vice president of the Police Officers Association. Nevertheless, he said, the department's probe will be unbiased. "When something involves cops, it's a huge story," Delagnes said. "No one will cover anything up. Everyone understands the spotlight is on them." The elder Fagan added that "the fact that people have known me their entire career" will not affect how they conduct the investigation. Others aren't so sure. "it's very scary when something like this happens," said Andrew Schwartz of Walnut Creek, the civil attorney for Jade Santoro, 25, one of the two men who say they were beaten by Fagan Jr. and the two other officers. Schwartz is angry that Santoro's minor criminal record and the fact he is facing a charge of possession of marijuana for sale became public, and questions whether police leaked the information. When Schwartz's investigator asked police for their report on the Nov. 20 incident, officials refused. "We are now counting on the district attorney to do a complete and thorough investigation," Schwartz said. WELL-CONNECTED BEYOND WORK Since he joined the department three decades ago, after going through the Richmond public schools and graduating with honors from UC Berkeley with a degree in criminology, Fagan has made a lot of friends -- many in high places. In recent times, people couldn't help but notice how when Mayor Willie Brown entered the room at political events, Fagan quickly was at his side, sometimes putting his arm around him, whispering something and eliciting one of those distinctive Brown peals of laughter. In July, Brown made him assistant chief. "If the mayor walks in the room, for Fagan there is no one in the room except the mayor," said one department source, who asked not to be named. "Alex is right at his elbow instantly." This was no usual mayor-and-cop relationship, but then Fagan isn't a run-of- the-mill cop. He is smart, brash and well- connected through his job, his membership in the Olympic Club and his past position on the board of directors of the Guardsmen, an organization of well-to-do business professionals who raise money to send needy Bay Area children to camp. "When he was on the Guardsmen board in the late '80s and early '90s, it cost him a lot, because you are having to attend special parties at the finer hotels, dances, meals, encampments with the guys, weekend retreats with wives, "said one Guardsman, who declined to be named. Clearly, Fagan savors the good life. He has hunted big game and traveled to Africa and elsewhere around the world. And he has done well financially. Two years ago he and his wife, Nancy, sold their Orinda home for $1.4 million, Contra Costa County tax records show. Fagan, who is now divorced, lives in San Francisco. Before the Union Street incident and the questions it raised, Fagan -- with experience in the department's tactical, narcotics, homicide and fiscal units - - was among those rumored in line to become the next chief. Since the episode, opinions vary on whether he could still win the job. At the Hall of Justice -- one of the most politically fixated places in the city -- one school of thinking has Fagan as the choice of Supervisor Gavin Newsom, should Newsom be elected mayor. For his part, Newsom says several cops' names, including Fagan's and Suhr's, have been circulated as his possible choices, but he says speculation is premature. UNBECOMING CONDUCT There are incidents in Fagan's past, though. And even in San Francisco - where cops historically have gotten into serious scrapes and later been promoted anyway -~ Fagan's critics shake their heads. In the 1990 case, Fagan was given a 15-day suspension by the Police Commission and was ordered into an 18-month alcohol treatment program after he pleaded no contest to conduct unbecoming an officer, SFPD records show. The case grew out of a dispute between Fagan and several California Highway Patrol officers who responded to an argument between Fagan and a woman companion on the side of Interstate 280 in San Mateo County. Fagan, a passenger in the car, had demanded to be let out. A report by the CHP said he "was intoxicated and displayed signs of combativeness" and was "a danger to himself and others." SFPD records show that the CHP arrested Fagan after he pushed and grabbed one officer, resisted another officer's attempt to place him in a control hold and threatened to assault the officers. Fagan was never charged in the incident, however. TWO years ago, driving back from a Giants game, Fagan got into two traffic accidents on the same day and left the scene of one of them, promising to return with his license but never doing so. The Police Commission suspended him without pay for a month. State law barred the commission from considering Fagan's 1990 behavior because it had occurred more than five years earlier, sources said. THE END OF THE PARTY A few weeks after the September party at the Italian American Social Club, police gathered again to celebrate Fagan's promotion. This time the party was thrown by officers from his previous post at Northern Station. More than 100 people gathered on the night of Nov. 19 at the House of Prime Rib on Van Ness Avenue to celebrate one of their own rising to the Hall of Justice's upper echelons. In his speech, Fagan said he was touched, that he had every intention of making the San Francisco Police Department No. 1 in the nation, that there had been a lot of changes and more were to come. 12/4/02 Page 3 of 3 "There was this great feeling, people hugging each other, reminiscing," recalled Joseph Betz, the restaurant's owner. The party started breaking up sometime after midnight. A group including Fagan Jr. and several other officers decided to meet up at the Bus Stop, a sports bar at the corner of Union and Laguna streets. At the Bus Stop, the cops had a few drinks, said one source familiar with the events of the evening. When the bar was closing, the cops left. It was then that Adam Snyder, a 23-year-old bartender at the trendy Blue Light bar, about 100 yards west of the Bus Stop, and his friend Santoro had their encounter with Fagan Jr., Lee and Tensing. As of last week, the three officers weren't talking. The elder Fagan declined to talk about the incident because it is under investigation, but said through a department spokesman that "what hurts him the most is that when he became assistant chief, all he wanted was the best for the men and women of the department, to get the department back on track and to serve the public." Friends who saw Fagan in the days following the Union Street incident described him as ashen-looking and shaken. Betz, owner of the House of Prime Rib and a friend, said he talked to Fagan on the phone about a day after the incident. "1 am a father myself," Betz said. "1 could hear in his voice he was devastated." Chronicle staff writer Rachel Gordon and research librarian Johnny Miller contributed to this report. / E-mail the writers at ssward@sfchronicle.com and jvanderbeken@sfchronicle.com 12/4/02 Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Wednesday, December 04, 2002 8:15 AM To: 'NACOLE Update' Subject: [NACOLE Update] Pgh CPRB criticizes exclusion of public in COP changes Pittsburgh Citizen Review Board criticizes McNeilly over COPs Wednesday, December 04, 2002 By Michael A. Fuoco, Post-Gazette Staff Writer The Pittsburgh Citizen Police Review Board last night criticized Pittsburgh Police Chief Robert W. McNeilly Jr.'s handling of the recent elimination of the Community Oriented Police division, saying the bureau did not adequately seek public opinion about the upcoming Jan. 1 reassignment of those officers. Chairwoman Marsha Hinton said members hope to meet with McNeilly to offer recommendations for a "neighborhood team policing" strategy that she said could save money while improving both community relations and bureau morale. Review board Executive Director Elizabeth C. Pittinger said afterward the board will recommend that the same team of officers patrol a specific sector each of their workdays, in effect making everyone a community oriented police officer. She acknowledged that significant operational changes cannot be made until 2004 because, by police union contract, all assignments for next year have already been bid on. The board's comments were in response to a public hearing it sponsored last month when a dozen speakers, representing a variety of neighborhoods, praised their COP officers and said they didn't want to lose those relationships. Those speakers and a dozen other citizens who offered similar written statements also criticized the bureau for not seeking public comment. McNeilly attended the hearing and said that while the bureau does seek public input, he has to make decisions that aren't going to please everyone. He said the COP division was eliminated because it was ineffective, particularly with COP officers reporting to both zone commanders and COP supervisors. Under McNeilly's new plan, instead of 70 COP officers assigned to specific neighborhoods, 58 officers will fulfill those duties -- six "community problem-solving" officers in each of the city's six police zones and 22 bicycle officers. Rather than officers being placed in specific neighborhoods, they will be directed by a zone commander or lieutenant to move to a community where problems have surfaced and then to other neighborhoods when that problem is solved. He said officers will still attend neighborhood meetings, ! interact with the community and work proactively with residents. Michael A. Fuoco can be reached at mfuoco@post-gazette.com or 412-263-1968. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 3 Marian Karr From: Suelqq@aol.com Sent: Wednesday, December 04, 2002 10:27 AM To: Update@NACOLE.org Subject: [NACOLE Update] LA Declares War on Gangs; To Go After Leaders http;//www !atimes com/news/!oca!/la-me-gangs4dec04004441,0,1666970,story?co!l=!a%2 Dhead!ines%2Dca!ifornia City Declares War on Gangs Hahn and Bratton say they'll go after leaders and members with the same aggressive tactics that worked against the Mafia on the East Coast. By Megan Garvey and Richard Winton Times Staff Writers December 4 2002 Mayor James K. Hahn and Los Angeles Police Chief William J. Bratton declared an all-out assault on the city's street gangs Tuesday, saying they will use the same tactics that crippled the Mafia to pursue gang leaders and members. "There is nothing more insidious than these gangs," said Bratton. "They are worse than the Mafia. Show me a year in New York where the Mafia indiscriminately killed 300 people. You can't." The new anti-gang initiatives are the latest in a long line of law enforcement efforts to curtail gang activity in a metropolitan area where authorities say there are more than 100,000 gang members and associates and at least 200 active gangs. Over the years, the initiatives have met with limited success in a community where some gangs date back five generations, and some experts predicted Tuesday that the current effort may fare no better. The mayor and chief said the threat posed by gangs requires dramatic federal intervention and aggressive prosecution of gang members under federal racketeering statutes. Details of the new anti-gang effort came at a news conference at the 77th Street Community Police Station in South Los Angeles, where nearly half of the city's 614 homicides so far this year have taken place. Police officials said Tuesday that they already have redeployed the department's 300 gang suppression officers to eight divisions -- 77th, Newton, Southeast, Southwest, Hollenbeck, Foothill, Wilshire and Harbor -- where gang activity has spurred a double-digit increase in the city's murder rate this year. In the past three weeks alone, more than 20 people have been gunned down in South Los Angeles. Today, Bratton will swear in Capt. Michael Hillmann as the city's gang czar. Hillmann, who will take the rank of deputy chief, is charged with coordinating anti-gang efforts citywide, a newly created post. In addition, Cmdr. Earl C. Paysinger is scheduled to be sworn in as deputy chief for the South Bureau. The new assignments come as the LAPD launches joint operations with state and county agencies to track down parole and probation violators, many of them gang members, living in the city's most violent neighborhoods. "We've got to target fugitives and gun and narcotics violators who prey on our neighborhoods," said Hahn, who while serving as city attorney used injunctions to stop gang members from congregating. Bratton on Tuesday called gang activity "homeland terrorism." Warning that the city's street gangs are "the head that needs to be cut off' to stem gang activity elsewhere in the country, Bratton said he plans to head to Washington with Hahn shortly after the first of the year to ask for help. 12/4/02 Page 2 of 3 "They need to get preoccupied with the internal war on terrorism as well," Bratton said. His second-in-command, Assistant Chief Jim McDonnell, said: "We're going to use the full force of RICO (Racketeer Influenced and Corrupt Organizations Act) and the IRS to bring down these gang members. That's what got Al Capone." Flanked by family members of Clive Jackson Jr., 14, a promising basketball player with no gang affiliations who was shot dead two weeks ago on Western Avenue, the mayor and chief said residents should not have to live in fear. "Let the death of Clive Jackson be a call to action," Hahn said as tears ran down the faces of Jackson's parents. "We cannot and will not let gang members control these streets." Successfully attacking gangs, however, has proved difficult over the years. Then-Chief Daryl F. Gates instituted massive police sweeps in 1988 and 1989, flooding the streets of South Los Angeles with 200 to 300 additional officers on random nights to make hundreds of arrests on minor and major violations. The program, named "Operation Hammer," alienated large segments of the community while doing little to reduce crime. Gates said his intention was clear-cut: "to make life miserable for gang members." In 1995, under Chief Willie L. Wlliams, the LAPD launched the largest street gang crackdown in its history in a joint operation with the FBI. But only one of the 63 people arrested by the 800-member team was charged with a violent felony. Another task force, formed in the 1990s to go after the 18th Street gang's clandestine network of leaders, also fell far short of its goals. Recent FBI estimates place membership in the 18th Street gang at about 15,000. Still, the number of homicides in Los Angeles dropped dramatically in the late 1990s and remains far lower this year than the all-time high of 1,092 in 1992. Assistant Chief McDonnell acknowledged Tuesday that the dismantling of the LAPD's specialized gang unit known as CRASH may have contributed to spikes in street violence. The unit was eliminated in March 2000 in the wake of the Rampart Division scandal. But McDonnell said the department's new initiative won't be a return to the past. This time, he said, the community and police must work together to erase gangs. "We don't want to come out like in the '80s with Operation Hammer," he said. "We are planning a holistic, collaborative approach to the problem." Experts say the task will be difficult. Howard Abadinsky, a criminologist who has written extensively on organized crime, said the nature and magnitude of Los Angeles street gangs are far different from those of the Mafia. Abadinsky said a three-prong effort -- run by the FBI and not the NYPD -- has led to a reduction in the influence of New York's five big crime families, which altogether are estimated to have about 1,000 members. "You need to stop recruitment; the problem you've got in L.A. is you have an unlimited supply of applicants," he said. "You have to have people undercover or you have to turn someone," Abadinsky added. "You have to get electronic surveillance based on what your snitches tell you and have to use intensive, intensive activity over time to build a case." Thom Mrozek, spokesman for the U.S. attorney's office in Los Angeles, said authorities have grappled for years with how best to go after street gangs. "We've prosecuted gang members using federal weapons laws," he said, adding that some cases are ongoing. "In other cases we've targeted gangs who engaged in drug trafficking." Mrozek said RICO laws were used to obtain 18 convictions against the Columbia Lil' Cycos - a clique of the 18th Street gang -- earlier this year. Prosecutors described the gang as patterning itself after East Coast Mafia families, spending money on suburban houses, a juice parlor and a used car lot. Bratton said he will meet with U.S. Atty. Debra Yang next week. Those who work on the front lines to stem gang activity say the city needs to invest in gang prevention as much as 12/4/02 Page 3 of 3 enfomement. "If there is a year with lot of fires, the Fire Department gets money to hire more firefighters. In much the same way, the city needs to spend more money on gangs intervention," said Kevin Fletcher of L.A. Bridges gang intervention program. On Tuesday, a relative of Clive Jackson read from a letter the youth had written to UCLA officials asking for advice shortly before he was shot to death. "~ would like to know how to get into college so that I can get ready," the 14-year-old wrote. "1 want to know how much are the books there so I can save up. I don't want my mom to pay for everything.... I thank you for your time and I hope to make it there." Hahn said too many lives such as Jackson's had been cut short. "Statistics cloud us from seeing the real pain," he said. "His hopes and dreams will never be realized." 12/4/02 Marian Karr From: kelvyn_anderson @earthl[n k. net Sent: Wednesday, December 04, 2002 11:47 AM To: update@nacole.org Subject: [NACOLE Update] Supreme Court to hear interrogation rimits case Posted on Tue, Dec. 03, 2002 Supreme Court to hear interrogation limits case By SHANNON MCCAFFREY Knight Ridder Newspapers WASHINGTON - The U.S. Supreme Court is set to hear a case Wednesday that could provide a glimpse of the justices' thinking about when interrogations by law enforcement officials become abusive. The court's ruling could be highly significant at a time when the government is seeking intelligence about al-Qaida and other terrorist groups and is placing some terrorism suspects on a separate legal track that leaves them without traditional protections. It would apply to ~nerican citizens under questioning but not foreigners such as those being held at Guantanamo Bay, Cuba, who aren't protected by the Constitution. Civil libertarians are indignant over the government's use of "enemy combatant" status to jail and question some U.S. citizens without giving them access to a lawyer or the outside world. Just what those interrogations are like is unknown. At issue in the case before the nation's high court is whether a suspect's constitutional rights can be violated if police question him aggressively without reading him his rights but the information he provides is never used against him in a criminal proceeding. "There are certainly parallels" to counterterrorism interrogations, said David Rudovsky, a University of Pennsylvania Law School professor who is an expert in police procedures. "Some of the justices will have to be wondering, 'If I rule against the police here, will that hamper the government in the war against terrorism?' " The case involves Oliverio Martinez, an Oxnard, Calif., farm worker who was heading home on his bicycle in November 1997 when he came upon police investigating drug activity. Police ordered Martinez off his bike, discovered he had a knife, and a struggle ensued, during which Martinez seized the gun of one of the officers, police say. The other police officer shot Martinez five times in the face, torso and leg. Oxnard police patrol supervisor Sgt. Ben Chavez arrived on the scene shortly after the shooting and accompanied Martinez to the hospital, quizzing him in the ambulance and in the emergency room about what had happened and tape-recording the interrogation. Martinez lapsed in and out of consciousness during the 45-minute interview, complained that he was in excruciating pain and said he feared he was about to die. Martinez twice told Chavez he didn't want to talk. But Chavez persisted, even when medical staff told him to leave the trauma room. Chavez left, but returned and continued to tape his interview. Chavez never read Martinez the Miranda warning advising him that he had the right to remain silent and to speak to an attorney. Martinez - who was left blind and paralyzed below the waist - was never charged with a crime. Now 34, he sued Chavez under the Civil Rights Act, saying the "coercive" interrogation violated his constitutional rights. Chavez countered that as a public official he was immune to such lawsuits. The U.S. District Court for Central California, and later the 9th U.S. Circuit Court of Appeals, disagreed. The appeals court held that Martinez's Fifth Amendment right against self-incrimination and his 14th Amendment right to due process had been violated. The court ruled that Chavez was liable even as a public official, because his conduct violated "clearly established" constitutional rights. In a brief filed with the Supreme Court, Chavez maintained that Martinez's words were never used against him in court, so his constitutional rights could not have been violated. "Persistent questioning of a seemingly dying witness may make judges (and many other people) squeamish but that is not a constitutional violation," Chavez's court petition said. Chavez claimed he thought Martinez might die and was trying to get his "dying declaration" about what had happened, not to build a criminal case against him. Martinez's court filing said the interrogation "violated values at the core of constitutional constraints on abusive government conduct." "Self-incrimination and due process rights are not limited to when a statement is introduced at criminal trial," it said. The Supreme Court in 2000 reaffirmed the Miranda decision, which said police must inform suspects of their rights. The question posed in Chavez v. Martinez is whether the Miranda decision guarantees the right to silence or, more narrowly, the right against the judicial admission of incriminating testimony. "At least until this case . . the right to remain silent has been treated as sacrosanct," the American Civil Liberties Union said in a friend of the court brief supporting Martinez. In his own brief, Chavez said that while interrogations should not subject a person to severe physical or mental harm, there "is no right to silence." The U.S. government said in a brief supporting Chavez that the 9th Circuit Appeals Court, in ruling for Martinez, "stands alone in. recognizing a Fifth Amendment right to be free of coercive questioning regardless of the use of the resulting statements." "To be sure the Constitution does prohibit police misconduct 'so brutal and so offensive to human dignity' that it 'shocks the conscience.' But no such claim can be made on the facts of this case," the government wrote. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Hector. W.Soto@phila.gov Sent: Thursday, December 05, 2002 8:26 AM To: update@nacole.org Subject: [NACOLE Update] Phjilloy Cop Arrested in Oregon PHILADELPHIA DALLY NEWS: December 4, 2002 Philly cop held in Oregon pot-smuggling case Arrest stuns foster family - all cops By GLORIA C~MPISI campisg@phillynews.com For a family of cops, it is the toughest thing to have a son turn against the badge. The Woertzes said yesterday they were deeply troubled to learn that their foster son, Hien, a Vietnamese immigrant who, like his foster parents and foster brother, is a Philadelphia police officer, had been arrested in connection with a major marijuana trafficking operation in Oregon. Philadelphia police yesterday announced that Hien Woertz, 29, would be fired. He was arrested Nov. 16 by Drug Enforcement Administration agents in Portland while he was allegedly "in the process of accepting a large amount of marijuana." A DEA official said more than 800 pounds of marijuana, apparently smuggled from Canada and concealed in duffel bags, had been seized at the time of Woertz's arrest, along with other trafficking suspects. "It's not something that's in character with what we know him to be," Hien Woertz's foster father, Lt. Richard Woertz, said last night of his foster son's alleged role in drug smuggling. "It's a real disappointment to us," he said. "My entire family is police officers." The senior Woertz, a former Marine, has come under gunfire, has bee~ threatened by a knife-wielding suspect, and has won commendations. His wife, Gall, and another son also serve on the Philadelphia police force. Hien had to be tough from boyhood, fleeing Vietnam alone at age 12, traveling by boat to Cambodia and spending months at a refugee camp in Thailand. He graduated from George Washington High in Northeast Philadelphia, where he played sports despite his slight, 5-foot-3, 120-pound build. "I wanted to get P~mericanized, so I started to play football," he said in a high school interview. Ken Magee, assistant special agent in charge of the DEA office in Portland, gave few details of the case, saying only, "The DEA and local police agencies continue to investigate Officer Woertz and this large-scale trafficking organization." "We are a transhipment point for a lot of marijuana because of our ~roximity to Canada," Magee said. Woertz is being held in a federal detention facility in Portland. He joined the Philadelphia force July 15, 1996, and was assigned to the 35th District, at Broad and Champlost streets. Philadelphia police said at the time of his arrest, Woertz had been on a leave of absence for about two weeks. His foster father said Woertz had taken leave because he had decided he was going to resign from the police but was uncertain what he wanted to do next. He said Hien "moved out on his own after he joined the Police Department," but kept in touch with the family, which is raising Hien's 2-year-old son. Hien was unable to care for the boy himself because he was estranged from the child's mother, his foster father said. Hien attended college for a year and then a trade school, his foster father said, "before deciding to come into the family business, which was police work." ........................................................... Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Thursday, December 05, 2002 11:34 AM To: Update@NACOLE.org Subject: [NACOLE Update] LA Car Chase Leads to Crash & Infant's Loss of Arm; Chief Outraged http:~/www,~atimesc~m~news~ca~!a~me~chase5dec~5'~76458~4.st~?c~!=!a%2Dhead!ines°/~2Dca!if~rnia LOS ANGELES Chase's Tragic Consequences Outrage Chief By Andrew Blankstein and Daniel Hernandez Times Staff Writers December 5 2002 A police chase that resulted in a crash that severed the arm of a baby boy roused Los Angeles Police Chief William J. Bratton to demand harsh punishment Wednesday for the driver of the car that rammed the vehicle carrying the infant. "Hang 'em high," an outraged Bratton said in an interview Wednesday on public radio station KPCC-FM (89.3). Bratton said his department would thoroughly review all the circumstances leading up to the crash, which he called "a tragedy for the family." But in his blunt style, the chief echoed earlier comments by Police Commission President Rick Caruso that pursuing officers cannot look the other way when a crime is committed and said suspects fleeing police should face mandatory jail time. "It's a Catch-22. You can't let [criminals] run amok," Bratton said, adding that police pursuits are too often treated like entertainment in Los Angeles rather than criminal activity. "As far as that character yesterday, hang 'em high." At a later news conference, Bratton said he met with the family of the injured boy on Wednesday and planned to do so again today. He also defended the pursuing officers for doing their job. "The police are out there to control crime," he said. "The reality is we have people out there breaking the law. We have to enforce the law. This individual yesterday was wanted for [an attempted] murder. Are we going to let him flee? I think not." Alejandro Martinez, 26, the driver of the Chevrolet Corsica that collided with the sport utility vehicle carrying the infant and his parents, was fleeing the scene of a stabbing in Sylmar at the time of the accident Tuesday afternoon, police said. Martinez, being held in lieu of $500,000 bail, is expected to be charged today with attempted murder in connection with the stabbing and could face additional charges stemming from the chase and subsequent collision. Meanwhile, the 19~day-old baby underwent surgery Wednesday morning to clean and patch up his injured [eft arm, which was severed just above the elbow, said hospital spokesman Steve Rutledge. He remains in serious condition. The child's distraught parents requested that their names not be released, he said. "The parents are doing as well as anyone would in their situation," Rutledge said. "It's ve~ difficult for them. They seem to have a very large, supportive extended family, who has been here for them." Rutledge said plastic surgeons have examined the child's arm and are exploring ways to make it "amenable to a prosthetic, but that's way down the road." Police investigators were still piecing together the circumstances surrounding the crash in Sylmar. But they said all indications were that the 2 1/2-minute pursuit was consistent with Police Department guidelines. LAPD officials said officers spotted Martinez's car about 2:30 p.m. Tuesday. The vehicle matched the description of one driven by suspects in a stabbing minutes earlier in the 13200 block of Maclay Avenue in Sylmar. But the chase unfolded so quickly that there was not enough time to consult with a supervising officer or to dispatch an air unit to pick up the chase, said Deputy Chief George Gascon. 12/5/02 Page 2 of 2 He added that it appeared the officers' actions would have complied even with more stringent pursuit guidelines the department is considering. Under the current policy, individual officers have wide discretion to initiate a chase, whether the suspects are involved in a minor infraction or a dangerous felony. The officer must weigh the potential threat to bystanders against the need to make an arrest, taking into account traffic, pedestrians and the danger posed by the suspect. After a series of high-profile collisions and a significant increase in injuries arising from police pursuits, the department is weighing a more restrictive policy. The Los Angeles County Sheriffs Department has what is considered a highly restrictive pursuit policy. Sheriffs spokesman Darren Harris said that when deputies initiate a pursuit, they are required to tell commanders their speed, location and reasons for a chase, including what law was violated by the suspect. They also must relay a vehicle description and license plate as well as communicate the number of vehicle occupants and traffic conditions. "The watch commander will take that information and determine whether it falls within department guidelines,'! Harris said. "The deputies also have discretion to cancel a pursuit at any time." Still, the LAPD's Gascon stressed that police officers have a delicate balancing act. "We're very concerned and we want to look at where can we adjust the policy to enhance public safety without the unintended consequence of increasing the danger to the community," he said. Caruso said he wants Gev. Gray Davis to increase jail time for those who flee from police. But a spokesman for Dist. Atty. Steve Cooley said state law provides for a mandatory six-month jail sentence for anyone convicted of evading police, with a one-year cap for chases that end without injury. "If there is an injury, an additional charge [of willful flight causing injury] provides up to five years" in state prison, Jane Robison said. I2/5/02 Page 1 of 3 From: hector.w.soto@phila.gov < hector.w.soto@phila.gov> To: hector.w.soto@phila.gov <hector.w.soto@phila.gov> Date: Thursday, December 05, 2002 2:13 PM Subject: NYTimes.com Article: His Brother's Keeper This article from NYTimes.com has been sent to you by hector.w.soto@pbi!a.gov. His Brother's Keeper December 5, 2002 By WILLIAM SAFIRE The Congressional investigation into the long-covered-up abuse of power by the F.B.I. in Boston has churned up a wrenching human interest story. William Bulger, former president of the State Senate in Massachusetts, is presently the respectable president of the University of Massachusetts. He's the good seed. "Whitey" Bulger, his older brother, is a mobster who served a term in Alcatraz, led the Winter Hill Gang in a turf battle with the local mafia, and has since been indicted on charges related to 22 murders. The older Bulger has been a fugitive since 1995 with a million-dollar bounty on his head, and is featured on post office walls as one of the F.B.I.'s "Ten Most Wanted." He's the bad seed. Last year President Bulger testified to a federal grand jury under a grant of immunity from prosecution. His secret testimony was wrongly leaked to, and rightly published by, The Boston Globe this week. It turns out that the mobster brother, soon after he went on the lam, arranged to telephone his respectable brother at an untapped location. According to the leaked transcript, President Bulger swore he had not urged his fleeing brother to surrender to the law "because I don't think it would be in his interest to do so .... I do have an honest loyalty to my brother and... I don't feel an obligation to help everyone catch him." 12/6/02 Page 2 of 3 Where is a brother's first loyalty - to his kin or to his kind? In the recent case of the Unabomber, the murderer's brother helped the law capture his killer sibling before the next murder by mail. But in this case, the accused multiple killer's brother declared, "it's my hope that I'm never helpful to anyone against him." "Tell it to the families, Mr. President," writes the Globe columnist Eileen McNamara to the fraternally loyal university head, "to those mothers and fathers and sisters and brothers who live every day with the hard reality of a loved one's violent death and often missing corpse." The good seed's agonized choice family over society, love over law - casts a pall over higher education in Massachusetts. But it focuses attention on an even worse choice: the decision of the New England F.B.I. to condone decades of murder by its valued informants and - to protect their gangland sources - to knowingly allow innocent men to spend decades in jail. The ends justified the means, went the F.B.I. policy, until Federal Judge Mark Wolf ruled that nobody in law enforcement had the power to sanction murder. The House Government Reform Committee put the spotlight on this long-hidden abuse of power. At first, Ashcroft Justice Department lawyers claimed a sweeping executive privilege in refusing to produce documents about old, corrupt declinations to prosecute. Bad-seed Whitey Bulger became the Most Wanted's least wanted; if he were to sing, more FB.I. heads would roll. But heat applied by the press caused second thoughts in the White House about stonewalling to protect previous administrations. Some $2 billion in lawsuits by wrongly jailed prisoners - and by the relatives of a score of victims murdered by mobsters cooperating with F.B.I. agents - also helped Chairman Dan Burton move the White House away from its untenable claim. Documents finally coughed up by Justice will be used in a Boston hearing tomorrow by House Reform. President Bulger may resist its subpoena; he knows that term limits force a change in chairmanship next month (and Democrats who reviled Burton in the 90's will miss his doggedness in the Bush years). Burton's likely successor is the fabled G.O.P. fund-raiser Tom Davis, though Representatives Chris Cox or Christopher Shays have much more investigative experience. What will be the consequence of the Good Seed's brotherly protection of the Bad Seed? My guess is that President Bulger will loyally stick by his brother and be forced to 12/6/02 Page 3 of 3 resign. Message to Whitey, wherever you are: Loyalty runs two ways. Call your kid brother. Surrender to the FBI. through him. Hasn't he laid his career on the line by being fiercely loyal to you? You're an old man now; have you thought of returning that loyalty by saving him from the taint of having helped you? Won't happen. The bad seed is probably laughing at his brother for being such a sucker. http'.llwww.nytimes.com12002/121051opinionlO5SAFI.html? ex=1040093552&ei=1&en--854ca0f0ced81fb3 HOW TO ADVERTISE For information on advertising in e-mail newsletters or other creative advertising opportunities with The New York Times on the Web, please contact onlinesa!es@nytimes,com or visit our online media kit at http://www.nytimes.comladinfo For general information about NYTimes.com, write to h~!p~__.~ytirn es. co m. Copyright 2002 The New York Times Company 12/6/02