HomeMy WebLinkAbout10-27 & 29 Articles ]he Daily Iowan, Monday, October 26, 1998, front page and 7A
Students
encouraged
speak out
1 The Police Citizens' Review
Board is set to hold its second
public forum Tuesday night.
By ~ck Kucha~l
If UI freshman Mike Fleming had
an open microphone, he would tell
the Iowa City Police Citizens' Review
board decisions need more publicity.
needs"The whole complaint proceSSto be more public; it's really
hidden," he said. "The public should
ing's is just what members of the
board are looking for at the second
public forum, scheduled to be held at
ter, 104 E. Jefferson St., ~esday at 7
p.m. The open-microphone format
will allow feedback from both stu-
City Police Depa~ment.
Leah Cohen, the board chair-
woman, said the board is hoping to
generate student input regarding the
police depa~ment. Students did not
have the oppo~unity to speak at the
first forum in July because most of
them were on summer break.
"The students are a large popula-
tion in the city, and we need to hear
their voices," Cohen said. "We want
to let them (students) know what we
do - a lot of students don't even
know who we are or what our pur
pose is. I expect that we will hear
both good and bad things."
Recently, the board upheld a com-
plaint that a traffic stop made by
police Officer Paul Batcheller of
Faith Walker, an Iowa City resident.
was "vicious." and that Batcheller
used "poor procedure" during the
stop The d, ,:ision on Oct, 16 was the
See POLIC[, Pa~e 7A
Local
Monday,
October 26,
1998
Iowa City Press-Citizen
PCRB to hold
forum Tuesday
Residents have another
opportunity to comment on
Iowa City Police policies, pro-
cedures and practices at 7 p.m.
Tuesday during the second
forum hosted by the Police
Citizens' Review Board.
The two-hour cmnmunity
forum will be held at the
Newman Center, 104 E.
Jefferson St. Advance sign-up is
available for those wanting to
address the board. Call 356-
5041. Suggestions and recom-
mendations received during the
forum will be used by PCRB
members to determine the focus
and direction of future work.
lhe Gazette, Wednesday, October 21, 1998, (front page)
Opinions split
on revising law
on wild parties
Iowa City change would let
police act without complaint
By Jim Jacobson
Gazette Johnson County Bureau
IOWA CITY -- Although he told the City While the ordinance's revised language gives
Council last night about the time drunken, base- police officers the ability to act as complainant
ball bat-wielding revelers roamed his neighbor- and enforcer, it requires them to issue citations
hood shouting "death to the neighbors," Merrill before restoring order by dispersing people at-
Hamilton spoke only reluctantly in support of a tending a party.
revised law which would help police break up
loud parties. City Attorney Eleanor Dilkes said police officers
use discretion daily when enforcing the law.
Hamilton of 715 Van Buren St. said a proposed Language in the ordinance is intentionally vague
revision to the city's disorderly house ordinance, to cover a wide range of possible offenses because
giving police the ability to disperse parties that "unfortunately life isn't quite that simple," she
threaten "injury to persons or property" without said.
having neighbors complain, may give the police
If the revised ordinance passes, it actually takes
officers too much power.
away from officers' discretion, said police Capt.
"I'm not for cracking down on all parties," he Tommy Widmer. Giving the officers more guide-
told the council at its formal meeting, lines about how to respond to an out-of-control
The council is scheduled to take its first of party, however, was a positive step, he said.
three votes on the revised ordinance in two Meanwhile, a representative of University of
weeks. Iowa students asked the council to delay a
Hamilton's personal conflict about the policy decision until the student government can hold a
change reflected arguments made by supporters forum to receive more input from students.
and opponents of the change. University of Iowa Student Government President
Supporters told of neighbors' fear of retribution Brian White said while the latest version of the
ordinance is far better than previous ones, UISG
if they called to complain about a party. They said
people have a right to enjoy their homes in peace has no official position on it.
and the police need the discretion to defuse a Because "our Police Department isn't perfect,"
potentially dangerous situation. White urged the council to find ways to prevent
Opponents pointed out Iowa City artist Eric police from abusing the law.
Shaw was killed two years ago by a police officer
using his discretion.
Osha Davidson, who lives at 14 S. Governor St.
in a neighborhood with many students, said loud
parties often keep him and his family awake.
Despite the noise, he said he opposes revising the
law.
The Police Citizen Review Board recently found
an officer acted improperly, creating a hostile and
adversarial climate, during a traffic stop, David-
son reminded the council, lie said "that officer
exercised poor judgment."
ocal
Wednesday,
October 21,
1998
Iowa City Press-Citizen
Iowa City
PCRB continues
,.investigation
The Police Citizcns' Review
Board on Tucsday night decid-
ed to move forward on ils study
of alleged race- and age-based
traffic stops.
The City Council-appointed
board wants to sit down with
Police Chict R.J. Wmkclhake
as early as Nov. 10 to detemfinc
how officers might Negro col
lecting demographic data on
stops thai do not resuh in a cila-
tion or fl~rmal warning.
Board i:~cmbcrs also dis
cussed thc department policy
for southeast Iowa City, where
believed gang activily erupted
earlier this year. That policy
instructed ol]'~ccrs to takc pho-
tographs of those involved for
use during deparuncnt bricfin
gs. Officcrs then were told to
an'est those involved in the
problems whenever lawfully
possible.
The policy and a further
explanation or' police opera-
tions will Ne one topic of a pub-
lic formn scheduled al the
Broadway Street neighborhood
center for either Dec. I or 15.
7he Gazette, Tuesday, October 20, 1998, lB
Photo owa City
policy - ·
I'r ss' ItlZ II
under ~ ~r
review
Police board to
discuss pictures
being taken at
traffic stops
By Brian Sharp NATION/LOCAL ~a city Press-Citizen
race-based traffic stops by lowa numba~ and via,,ang d~intari~x of~ho ~ up the Special Crimes
Cily police should find dircc- ~ car. Ac6~ Team of four to six officess complaint 1o Lalla. "It was not
finn tonight, while a new dis- From'IA Winl=lhak~ was out of town and dit~ctedtoth~Broadwaya~awith ~at~.lacmallyco~a3as~n
cussion may just be beginning "Before we gu l~ho~lnmm, hevn~ethet ~puliey~p~ess.
into the department's "photo and start askins the "allua~csmps...~tot~basndoa Ll. Ron~explainedthaltaking Uinv~sity oflowalaw pmf~
gallery" approach to targeting deparuncnt to st~tn I~alpl~oabh~ cause." He co~inlu~d: pshol~ofpeopleinanoindcrlrn~al~a JimTomkoviczsaldthat, oilila fai~
collecting all kinds ".., th~ Iowa City Pdiic~ [~t is n~ uncommon -- a s~tement the~ appems no conslimdnnal ~
The Police Cilizens' Review I~owwhat,sthe~,~ stogebasndonanindividmfl'sP=m~cu- Cap~JeffMallgeen. F'o~efetredtoa public place. Tomkoviczsaidtha~--
Io% ~]~y tion is alld is now." havingr~x~tel~adthen~mo, saidhe withinthepast6-L~yea~, p~x)u:ctspeogle fn3munlaw61is~:a,,~
when an officer makes a stop. Photos taken asepera~ hoard inv--,~igahon e~ani- andCertmnlydu~nghlswa~h--all Tomkoviczsaidh~iidnol~amto
late August aftcr hcming resi- Watson said, will include -lhaves~n~mixedf~lingsahout withtheindivideal'spenmssioa. And makes go~ policy. That. h~ said.
dent allegations of race-~ ofllcc~. 'n~ memo = ~ut h~ ~ Resident clueatlone ~am wef= art~tnd, he said. Tonight's board discua~on follows
stepsdurthgapublicfommand forc= would address ptoblen~ of i{s decision, i~lca~d Friday. dm
iii following meeting, r~lie~d gang and c~iminal activity in Some of Wat~'s ~ s~ms Conflicting policy Officer Paul Ba~chol[ff acts=d ~
Police Chief RJ. Winkelhake a Take ph(xos of as many people Anthow Haughton. ~e form~pm- Capers, who is the stolon of sonsandaneph~w, whoa~blac. L
creating a photo gallery of public a~as or th= ouMoor a~as gallm3'creat~ancnvU~onn~ntofsdif- vlag in the at~alofgunset Boulcva~l Walker, no t=latin~ allegnd
"players" in the Broadway around Broadway, C. mss Park and fulfillingp~, around 7 p.m. in late July· Police, motivation in th~ stop, al Gilhen
dais summer. Those identified ~nrs bec'orr= famiIiar with all the no~solabaled, they at= mm= apt to b~ m~wasonJe~dfmmthecat. HeSmd .Whenasl~daboutthoCapenc,9.~
lawfully possible. ~nmg problem wh~nc~er Ix~sthle for ~ at= p~ofiliag,' Haughton ~ h~ was not cded. Wh~l¢ leaning no hidden agenda.... If they
meets at 7 p.m. today at th~ circumstances and constilUtCa a view f~m his hon~ ~ c31minal ~hiale, h=Smd, anoffic~approached know about d." ~ , .
Civic Center, 410 E. Another puint in the memo was an thestmldpolatofanygoodbusme~s, it andanotherofhisfficnd, many photos were cdilec~d, whether
response and decide a next step.
Cohen said that next step could
take the form of a case study,
target collection of certain data
or develop into a yet-undefined
probe.
Soe PHOTOS/5A
, SATURDAY, October 17, 1998
Board
From lA
need to discuss with Ms. Walker and
the children where we want to go from
here," David Walker said Friday, after
learning of the board's ruling. He pre-
viously alleged the stop of Faith
Walker and her family, who are black;
t was racially motivated.
"They were treated in a completely
disrespectful and inappropriate man-
ner by [he police force;' David Walker
sa~d. "!fee/pre~ly confident [ha~ ~his
thing is'not over."
Faith Walker, reached at her home
late Frida.v, had not yet heard the news. Improper/unlaw~l sean:W seizure 1
'~I'hat's a lot to swallow right now,"
Walker said, adding that she had not
e decided'whether to move forward with
-a civil suit "I'm really happy ... but. FaJlumto forward/mspon~ towfitten cormabondence 1
fight now, I don't know. The next step?
I guess this will have to settle in lust." Unreasonable trafic stop 1
Batchefler could not be reached for
cormnent. Considered impn3Oer to take bma~ test 1
City Manager Steve Atldns said
Friday that he was unsure how city Improper procedure 1
officials will deal with the report inter- Total
nally. The PCRB has no authority to
impose punishment. Winkelhake, in s°'v~x~c'it~*m'n~n~.°ct~
his report to the board, recommended While Holecek said she would argue it That increased presence was
that Batcheller review safety issues should be excluded, it ia uncertain accomplished through the Special
with his supervisor, whether the city ordinance actually Crimes Action Team. a group of four
The police investigation did not could prohibit its introduction, to six officers that included Batcheller.
support any allegations brought by The Walker traffic stop followed an The Walker complaint was the third
Walker-- a finding that the board mi- eruption weeks earlier of believed against Batcheller this year. The other
ing Friday called "unreasonable" gang activity in Iowa City's southeast two were not substantiated by the
According to the ordinance that side, where Faith Walker lives. It board.
formed the PCP, B, all proceedings, became the most high-profile case The other allegation upheld by the
reportstoandfindingsoftheboardare involving what some have described board was on a 1997 complaint, in
not admissible in dourL However, as me-based stops in the area during which the complainant said a supervi-
Assistant City Attorney Sarah the ensuing, stepped-up officer pres- sor at the police station was mdc when
Holecek said, that has not been tested, ence. told of alleged officer misconduct.
MONDAY
October 19~ 1998
Board: Police action 'vicious,'
not racist
* The Police Citizens' Review Board has upheld a complaint against
a police officer.
-Letters to
the Editor
-Display and
Classified By Rebecca Anderson
Advertising The Daily Iowan
-Subscription
Info Although the Police Citizens' Review Board has found that a police
-DI Staff
officer treated Faith Walker and her family in a "vicious" and
Copyright 1996
The Daily Iowan. "violent" manner during a traffic stop, it stopped short of deeming
Copyright 1996 the incident racially motivated.
Associated Press.
The board's report states that Batcheller used "poor procedure" when
he stopped Walker, who is black, for allegedly running two stop
signs. The board announced its support of Walker's complaint in an
Oct. 16 report.
Race was not involved in the board's decision, and the language of
the allegations submitted by Iowa City Police ChiefR.J. Winkelhake
did not mention race, said Leah Cohen, board chairwoman.
"We did not find anything to support that allegation," she said.
Instead, Batcheller's appearance as a task force member was a main
factor in the board's decision to uphold Walker's complaint, Cohen
said.
Faith Walker said Batcheller, a member of the Special Crimes Action
Task Force, was in an unmarked car and in plainclothes, which
confused her during his approach to her car.
"There was no way this tactic was going to produce the desired
results," the board's report stated. "On the contrary, it unnecessarily
escalated the situation."
The board's report is only a comment on the way Batcheller acted
1 of 3 10/19/98 9:25 AM
during this one particular traffic stop, and it does not necessarily
serve as a critique of the entire task force or its methods, Cohen said.
While Faith Walker's attorney, David S. Walker (no relation), said he
understands the task force must follow certain procedures in its
investigations, he questions its methods for future traffic stops.
"It does seem odd to me that they would (pull people over while
wearing plainclothes), but I'm sure they have their reasons," he said.
"If this is the way it's going to work out in the future, it's going to be
counterproductive."
Faith Walker said she is pleased by the board's decision, which she
takes as a sign it is fulfilling its duties and making it easier for citizens
to communicate with the police department.
"I just knew that they would see the truth," she said. "I hope this just
makes him (Batcheller) stop and look at things."
The focus of the incident has turned to the way in which the police
treat certain segments of the community rather than outward racism
among officers, said David Walker.
"(Racism) is a harsh allegation to make," he said. "But race is only
one factor of this incident."
Faith Walker's concern about racial discrimination stems from the
officer's alleged suspicion that a crucifix one passenger was holding
was a gun or drug paraphernalia. Faith Walker said Batcheller acted
as though she and the other occupants of the car were breaking the
law before talking with them, she said.
Batcheller has denied these allegations but refused to comment
specifically on the case.
Now that the report has been issued, the board is leaving it up to the
police department to handle the case, Cohen said. The board has no
authority to recommend or perform disciplinary actions on the
officer.
So far, the internal investigation conducted by Winkelhake has
suggested that a supervisor review safety issues with Batcheller. But
because these are personnel issues, Winkelhake said, he cannot
discuss how he will handle the situation.
Faith Walker said she is considering fding a civil suit against the city
based on the way she said Batcheller treated her.
"One day we'll see how it goes and where we'll go from here," she
said. "But the decision is definitely a start in the right direction."
2 of 3 10/19/98 9:25 AM
David Walker said this decision would have a positive impact on her
case, if she were to pursue it. He said he questions the usefulness of
the board if offending officers aren't adequately punished.
"What's the whole purpose of this board if there are no penalties?" he
said.
DI reporter Rebecca Anderson can be reached at:
raanders~blue.weeg.uiowa, edu
Title: Board: Police action 'vicious,' not racist
Page: lA
Date: 10/19/98
Today's Paper: [ Front Metro & Iowa Nation & World Viewpoints Sports
Arts ]
3 of 3 10/19/98 9:25AM
WEDNESDAY
October 14, 1998
All drunks aren't criminals
The Iowa City Police Departmem has not started offthe school year
with much support. It has been ridiculed for targeting students when
Letters to enforcing laws and committing wrongful traffic stop procedures.
the Editor Display & Another complaint to add on the list is to a good law gone bad.
Advertising, The public intoxication law is placed in the community for good
Subscriotion reasons. Walking home drank is not safe. Inebriated persons could
Info DI Staff bring harm onto themselves or others because their judgment is
Copyright 1996 impaired.
The Daily Iowan.
Core-right 1996
Associated Press. However, this law doesn't leave many choices for those leaving the
bars late at hight. A person has the choice to call a cab, assuming she
has money left over from the bar. She has the choice to call a friend,
assuming she can remember the friend's number and the friend
doesn't mind getting phone calls at 2 a.m. Then there is the choice to
walk home and risk getting a ticket for public intoxication or drive
home and risk getting a ticket for Operating While Intoxicated. The
punishment for public intoxication is 30 days in jail or up to a $I00
fine. The minimum penalty is a $50 fine.
For drank driving the penalty is more harsh. A mandatory 48 hours
must be spent in jail, and the fmc is $1,000, $500 of which can be
waived if no damage was done. The driver's license is revoked for
180 days, after which the defendant pays $200 for a
victim-restitutinn fee and needs to get high-risk insurance in order to
legally drive again.
The criteria for getting a public-intoxication ticket are to be drunk or
to "act drunk." And a person can get a ticket for being drunk while
still sitting inside the bar. Drunk people tend to get out of control,
and if they are the ones causing danger, they should get a ticket. But
the ticket should not be for drinking.
The law should focus the public-intoxication's criteria on being
intoxicated and disturbing others or being intoxicated to a point that
is out of control.
The current law leaves too much discretion to police officers. They
1 of 2 10/14/98 10:2~
can generate revenue offpeople who go to the bars for a few drinks
and then decide to walk home instead of getting behind the wheel.
If the police are going to take away choices from those who frequent
the bars, they should be more selective with criteria of the law or
they should give patrons another option to get home safely.
Ellen Nicholson is a D! editorial writer.
Title:
Page: 8A
Date: 10/14/98
Today's Paper: [ Front Metro & Iowa Nation & World Viewooints Sports
2 of 2 10/14/98 10:29 AM
MONDAY
October 19, 1998
Rowdy party law splits city
* A proposed City Council
ordinance would give police more power to bust parties.
-Letters to By Steven Cook
the Editor
-Display and The Daily Iowan
Classified
Advertising Some members of the Iowa City community say additional police
-Subserivtion powers to break up "out-of-control" parties are needed to help
Info
preserve their rights to an orderly neighborhood. And one UI
-DI Slaff administrator is trying to make that happen.
Copyright 1996
The Daily Iowan.
Copyright 1996 "We aren't against people of legal age drinking, but they don't have
Associated Press. the fight to infringe on other people's fights or use their property as a
toilet," said Steve Parrott, associate director of University Relations
and a member of Stepping Up, a UI program aimed at curbing
students' binge-drinking.
Parrott wrote a letter in support of changing the city's disorderly
house ordinance to allow for police-initiated complaints against
parties. Currently, only neighbors may file party complaints.
The change is scheduled for public discussion at the Tuesday Iowa
City City Council meeting at the Civic Center, scheduled to begin at
7 p.m.
Under the change, the police would also have the power to disperse
parties after a disorderly house charge has been filed.
But some students say the measure isn't necessary.
"If the neighbors complain, that's one thing," UI senior Carolyn
Baker said. "But if no one complains, then there's no problem."
She said she would be against allowing police to "pop in" and check
on parties.
But Parrott said that merely because no one complains, it doesn't
1 of 3 10/19/98 1:19 PM
mean that the neighbors aren't affected.
"Some neighbors might be afraid to report it," he said, adding that
the change would shift blame from the neighbors to the police.
District 25 State Senate candidate Mary Howard, who lives on North
Van Buren Street, said that at times, she has been hesitant to call
about parties in her neighborhood because of possible retribution.
She attended a City Council work session last month in support of
the ordinance. Parties in her neighborhood have calmed down, she
said, but only after she and her neighbors got up the nerve to call the
police.
"We are raised on tolerance, and we thought, ~Vell, it's young people
having a party, we can let them blow offsome steam,'" she said.
"But this wasn't just about blowing off steam."
She asserts that some of her neighbors sold their houses rather than
confront the parties.
The proposed ordinance grew out cfa 1997 "Alternative to
RiverFest" party, which had more than 1,000 revelers and 20 kegs.
Changes were first discussed in April, centering on controlling parties
having multiple kegs. However, councilors said focusing on kegs
wouldn't solve the party problems.
Holly Hart, a resident of North Dubuque Street, said that although
things have toned down near her house lately, she has experienced
loud parties in the past.
She said she was unsure whether a change in the ordinance was the
answer, but she said increased fines and enforcement would help.
UI senior Kelly Bending echoed Baker's remarks that the ordinance
isn't necessary. Rather than toning down parties, she said, it could
even worsen police-student relations.
"Do they want students to hate cops more?" she said. "That would
just cause more problems." .
Representatives from the UISG are expected to be in attendance at
Tuesday night's hearing to ensure that student opinions are heard,
UISG Vice President Scott Shuman said.
DI reporter Steven Cook can be reached at:
2 of 3 10/19/98 1:19 PM
sacoo~blue.weeg.uiowa,edu
Title: Rowdy party law splits city
Page: lA
Date: 10/19/98
Today's Paper: [ Front Metro & Iowa Nation & World V~Sport$
Arts]
3 of 3 10/19/98 1:19 PM