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HomeMy WebLinkAbout09-12-2000 ArticlesSummer2000 Meeting the Challenge Brian C. Reeder 2 NACOLE history 'r~ ue Io my ten-year tenure el service and involvement Board of directors ,L~ in the area el citizens' review o[ police, ] [eel that the theme of this year's conference is very 3 In praise of mediation al)propriate for our consideration. This year's theme Barbara Attard highlights the important aspect el cooperulmn I)t'tweell COllll/1ullity all([ police, which in my~estimalion,~ is the vital 4 Peer Support link in the success of any citizens' r~view mechanism theme is "Meetin[ the Challenge and Duly el Ovevsi~hl: Pierce Murphy The Work of Corn nu ]itF and Police. ' 5 NACOLE's Sixth Four years a~o Mr I,arna Spearman cunent XA(:()13( Annual Conference Secretary, Mr..lames ,h)hnson, tht, a l)ireelor of the ( in(:imu~li ()[lice o[ Municipal Invesligati(ms and c'urr~,nl Director on the NAC()I,E Board ~[I)ircch~rs, and I 7 Membership Form i)arlicil)aled in a meeting reclueSled I)y a diverse ~1~ 9 Conference Agenda rel)resentalives and con/nlunily m'tivisls from I,(misville 11 Denver PSRC Mr .h~hnson arranged the Ille(dill~ si) the ~roup might Joseph G. SandovaJ (~Xillllillit IWO ~ery (lif[erel/l [Orll~S (ii t J~iz( ii rcview [)r(messi's which exist in tJl(~ cilies (~[ hlcliallal)~[i%, IX ~lnd 12 Resources for civilian (inci[mali, (Il { The meetin~ ~as a~ ranged a~lc[ th('r*, ~;~s oversight very intitH,slin~ (lis(ussion ~e~m(lirJq thu sali(,nl l)(finls Sue Quinn ~,arh typu (d Hview as th%' ( xl)l(~ud lira imssibililv (d opportunities , by Bria. C. needed, NACOLE President I n 1993, several mem- conference in Orlando, the minority community- dangerous and demand- bets of the U.S. Florida, U.S. delegates continues to be one of lng circumstances, to delegation to the continued to discuss the the most critical social carry out their duties in a International Associa- creation of the new issues facing this coun- restrained, lawful and tion for Civilian Over- national organization. In try. The number of professional manner. sight of Law Enforcement April o11995, a group of civilian oversight agen- Despite this, the United LqACOLE) conference in individuals met in cies in the U.S. has States has a growing Cambridge, Massachu- Landover, Maryland and significantly increased, crisis of police miscon- serfs met to discuss approved the articles of Of the nation's 100 duct. Citizens want to issues of mutual concern incorporation and largest cities, 71 have feel secure that police relating to civilian preliminary bylaws. On citizen review mecha- officers are in the corn- oversight within the May 16, 1995, the Na- nisms. Since 1996, munity to serve and United Sates. The agenda tional Association for NACOLE has assisted protect all citizens of of this meeting was the Civilian Oversight of Law more than 20 cities in that community. We Iormation of a national Enforcement (NACOLE) their establishment of believe that citizens organization to address began its operations, systems, have a right to assurance the specific needs of that adequate mecha- civilians organized for nisms are available to law enforcement over- As NACOLE continues to NACOLE recognizes that review and investigate sight, grow, the relationship the majority of law questionable or unac- between police and enforcement olficers ceptable actions of law At the 1994 IACOLE community- particularly strive, often under enforcement officers. · Members-at-Large President Donald Casimere Brian C. Reeder Richmond, CA, Indianapolis, IN (510) 307-8032 (317) 327-3429 dcasimere@gw, sacto.or creeder@indygov, org K. Felicia Davis Vice President Syracuse, NY Malvina Monteiro (315) 448-8750 Cambridge, MA cd avis@ultta-tech.com (617) 349-6155 James L. Johnson MMonteiro@¢l.cambridge.ma.us Cincinnati, OH Secretary (513) 352-6990 Lama Spearman jarnes.johnson@cinlaw, rcc.org Indianapolis, IN Joseph Sandoval (317) 276-3751 Denver, CO SPEARMAN_LARNA_K@IiIIy. com (303) 556-3161 Treasurer Sandovaj@mscd.edu Clyde B. Davis Sue Quinn Lanham, MD San Diego, CA (301) 794-0264 (619) 2934)614 davi~f@nysnet.net Suelqq@aol.com ;ummer2000 page2 It is dilficult to convince mediators. The Berkeley Police the parties in police Review Commission (PRC) media- misconduct cases to tion program utilizes the services participate in mediation of Berkeley Dispute Resolution because they do not have Service (BDRS) to conduct its an ongoing relationship mediations. BDRS handles the case with each other. Because completely upon referral, assign- they are not part of the lng its own experienced mediators same family or neighbor- to each case. Sarah Calderon, a hood, they do not have a BDRS staff member, says that Mediation changes lives, vested interest in fixing the mediation "levels the playing field, A successful mediation relationship. The civilian over- allowing people to get out of the causes its participants sight practitioner almost always power imbalance of their normal to view the world from the must convince the parties to roles to discuss what happened as perspective of the opposing participate in mediation, but when people. When people are willing to party--a place they would not the parties do agree, the results talk and communicate, it can be otherwise venture. As a civilian are often remarkable, transformation--a big success." oversight professional focusing Although the PRC mediation on police accountability, 1 was program is in its infancy, it has skeptical about resolving cases (.t, [M]ediation is a... powerful already proven itself to be an through alternative dispute important vehicle for complaint resolution processes. After tool in bringing about real resolution. seeing mediation produce change. Because there is no dramatic results, I have been losing side.., both parties can There are conflicting opinions on converted, come away with genuine what types of cases should be understanding and good addressed in mediation. Some feelings toward each other and jurisdictions have strict rules Investigations of police miscon- the civilian oversight process.~ preventing cases involving duct complaints have limited excessive force and racial or efficacy in cases concerning sexual slurs to be addressed discourtesy and attitude. These outside of traditional disciplinary cases are notoriously hard to procedures. Restrictions are prove and the majority result in The goal in police misconduct sometimes set to prevent officers findings ol "not sustained." investigations is determining and from using mediation repeatedly Because there is no definitive correcting errant behavior. While within a given period of time, finding, both civilians and traditional discipline is an impor- because in many systems, medi- officers feel that they have not taut tool in the process, mediation ated cases are removed trom the been heard and that the process is a much more powerful tool in officer's personnel file. The ratio- did not work for them. bringing about real change, nale for these restrictions on the Because there is no losing side in a use of mediation is that some successful mediation, both parties cases are deemed too serious not Mediation is different. Through can come away with genuine to be handled as misconduct the process of mediation, both understanding and good feelings cases and registered in the the complainant and the officer toward each other and the civilian officer's record. Critics of these can gain an understanding of oversight process, restrictions argue that mediation why the other person acted as he can be the more successful means or she did. When the parties gain When developing a mediation of changing behavior, Ior these this knowledge, they are able to program, it is important to employ types of cases in particular, the place each other's behavior into impartial mediators who can be option should be available. · a new and comprehensible trusted by both parties. Although context. A successful mediation some systems use staff, commis- brings the parties to a new level sioners or ranking officers to Questions? You can reach Barbara of understanding, where forgive- conduct mediations, most agen- Attard at (510) 644-6716, or via e- ness and healing can begin, cies choose to go outside to find mail at BAttard@ci. berkelycaus I page3 Summer 2000 like aggression to the and/or physically disabled hard copies of their policies. police, were likely no person. In preparing a Two others referred me to threat to the officers. They recommendation that such a resources on the Interact were caused by a policy and training be that might be of help. combination of mental developed, 1 accessed illness and a seizure-like several sources of As a result of the request, l syndrome. Unfortunately, information. One source was have made a formal the situation escalated, the NACOLE e-mail list recommendation to the Chief force was used, the maintained by Sue Quinn. 1 of Police and can offer him complainant was injured sent out the following some concrete ideas for In the course of looking by the police, and he was request: "1 would appreciate addressing this issue. It is into a complaint about charged with resisting and any information on model good to know that my the excessive use of obstructing an officer, policies, procedures, and/or NACOLE peers are there to force by police, it became training that will help police help me and provide support apparent that a contributing My research into this case to handle encounters with when needed. · factor in the case was the pointed out that our Police people with disabilities that physical and mental Department has no policy or my look like aggression or disability of the special training to help resistance." I received six by Pierce Murphy complainant. The actions officers distinguish between replies, five of which came CommunityOmbudsman and decisions of the real threats of violence and back withing 48 hours. Two Boise, Idaho complainant, which looked the actions of a mentally ill of the responders sent me LPMurphy~pobox. ci. boise, id. us 1 corttirtued from front page On November 9, 1999, 1 ordinance was passed by (Quoted from: The builds the credibility of attended a town forum in the Louisville Board of Louisville Courier-Journal, the department and leads Louisville, KY, hosted by Aldermen and approved Saturday, May 20, 2000) to the strengthening of the Kentucky on May 9, 2000 by a vote It seems to be impossible the integrity of each Commission on Human of 6 to 5 to adopt the for accountability to be officer, without blurring Rights. With me was measure. Before we tied to the community the lines of authority. another NACOLE celebrate too much, let unless it is from the member Carol Scott, me inform you of the fact Mayor's office. I believe that there will be Executive Director from that the Mayor, Mr. Dave citizens' review in Knoxville, TN. We Armstrong, vetoed the The Mayor of Louisville's Louisville, KY. However, discussed the merits of measure on May 19, 2000. misconception this pervasive attitude creating a citizens' In his veto he stated, "In demonstrates the demonstrates the need review panel with several organlzations like police tremendous need for for NACOLE to continue members of the and fire, chains of there to be more to address this vital issue community and command are critical, meaningful and and, lot each of you to afterward had accountabilitylsvltal, persuasive discussion participate in these meaningful discussions The ordinance[would] and additional important discussions. with several aldermen blur the lines of compelling evidence NACOLE's desire is to see who stated that they had authority.... Public catalogued to validate each of you at this year's changed their position employees mast be the fact that the conference and for all of on viable independent respoasibleand partnership between our membership to review of police in accoantable to an citizens' review and participate in the Louisville. After Iour ultimate boss... Police police can be one that is elections and strategic years of debate, officers are accountable neither destructive nor planning sessions as we persuasion and citizens' to the Mayor, nato intrusive. Instead, it continue to promote support for the idea, a citizens 'panel created should be perceived as a civilian review in the police review enabling bythealdermen.' relationship which United States · Summer 2000 page4~ The of Directors is pleased to announce We hope that you and your agency will be present at Boar~ NACOLE s sixth annual conferen~:e, September this year's conference to contribute your ideas on the 26-29, 2000 in Kauai, Hawaii. The conference issues that we all face together. theme this year is "Meeting the Challenge and Duty of Oversight: The work of Community and PoBee." If you have specific ideas on how your agency would NACOLE is honored to accept the Kauai Police like to contribute to the conference agenda, whether Commission's offer to host the 2000 conference, by recommending a speaker, presenting a panel or NACOLE is grateful to all its Hawaiian members for sponsoring an event please contact any NACOLE their support and participation in the organization's board member. mission and operation. ABOUTTHE ORGANIZATION After receiving invitations from a number of cities including Houston TX, Denver CO, Cambridge MA and The National Association for Civilian Oversight of Kauai HI, NACOLE selected Kauai for the most Law Enforcement (NACOLE) was established in 1995 reasonable hotel rates and comparable airfares from and became a non-profit, tax-exempt professional most I~oints in the U.S. This choice of location gives organization in 1999. NACOLE provides practitioners NACOLE an opportunity to cooperate with an innova- of civilian oversight with the opportunity to dialogue rive and highly effective police review commission and exchange information on patterns and practices and view their successful police community relations of unacceptable actions of law enforcement person- with oversight systems first hand. nel. NACOLE is recognized by many leading organiza- tions and endorsed by the International Association The conference will be held at the Kauai Beach for Civilian Oversight of Law Enforcement (IACOLE) Resort, centrally located with convenient access to and the Canadian Association for Civilian Oversight the Lihue County Airport, shopping areas and a ot Law Enforcement (CACOLE). recently redeveloped town center. Because the conference takes place in the off-season for tourism The relationship between police and persons of to Hawaii, the Kauai Beach Resort is able to offer very color, homeless, and the mentally ill continues to be reasonable rates to our conference attendees, one of the most critical social issues in the United States. The number of civilian oversight agencies in Hawaii is unique for its cultural diversity and positive this country has increased significantly in recent recent history of police-community relations. The years. About 71 of the nation's 100 largest cities have goal of the conference is to maximize participation citizen review mechanisms. In 1996 and 1999, NA- from all the Islands and the West, Mid West, and East COLE assisted over 20 cities that were interested in Coast of the U.S. where the majority of NACOLE's establishing civilian oversight systems, most recently members hail from. NACOLE wishes to recognize the Riverside CA. enormous contributions of its members from through out the United States. NACOLE recognizes that the majority of law enforce- ment officers strive, often under dangerous and NACOLE consistently attracts high-caliber speakers demanding circumstances, to carry out their duties for its conference panels, including members of the in a restrained, lawful and professional manner. U.S. Justice Department, U.S. House of Representa- However, the growing numbers of force incidents tives, the American Civil Liberties Union, members of resulting in death or serious injuries in the past civilian review boards, civil rights advocates, commu- several years have continued to polarize communi- nity activists, police department managers and union ties of color. For instance, men ol color interviewed officials. We are confident that this year's speakers recently in the press and television said they no will carry on the thought-provoking dialogues longer feel safe and free on the streets because they NACOLE has made possible in previous years, fear the police. page 5 Summer 2000 Simple citizen-police contacts escalate into violence BENEFITS OF THE CONFERENCE and preventable deaths and injuries. These instances deepen community mistrust of the police--- the very o:° Exposure to critical law enforcement issues people we bestow with the responsibility'to enforce shaping our future. the laws and protect Individuals and property. These events demonstrate the urgent need for law enforce- °:' Opportunities to undertake new roles in civilian ment leadership to make serious effort as a willing, sincere, and open minded partner, to recognize oversight nationally and locally. concerns and ideas that are different then theirs in order to improve police-community relations. ':° Opportunities to meet and share ideas with leaders in the civilian oversight field. The US Justice Department has investigated or is considering investigating police misconduct and ':' Membership in a fast-growing national network failures of accountability in many cities and states in of civilian oversight and law enforcement leaders the past years to determine pattern and practice of across the United States. police misconduct. These places include New York City, NY, Pittsburg, PA, Providence, RI, Prince George's .:. Development of essential skills to involve the County, MD, Montgomery County, MD, Los Angeles, community as a partner in community policing. CA, and the states of New Jersey and Ohio. o:' Extensive national dialogue between law NACOLE STRIVES TO: enforcement personnel, citizens and civilian over- '- sight practitioners. ® Facilitate and involve the community as a true partner in community policing. ':' Define what communities need to know when establishing a civilian oversight system, changing (~ Provide educational opportunities and technical existing review mechanisms and what accomplish- assistance to existing and emerging organizations ments can be expected in the short and long term in that perform civilian oversight of law enforcement, any jurisdiction. ® Encourage and promote the highest ethical and o:' Network with city and state agencies to promote professional standards in organizations providing civilian oversight and police accountability reform civilian oversight ol law enforcement, processes. ® Provide a national forum for exchange of inlor- ':° Explain types ol resistance used to derail or co- marion for agencies that provide civilian oversight of opt any form of civilian oversight system and effec- law enforcement, five strategies of countering that resistance. WHO SHOULD ATTEND? ':' Discuss what a community can expect to gain from a functioning civilian review process, and how Participants in this conference may be: Civilian citizen review agencies are effective in reductions of Oversight Agency personnel; Police Commissioners/ municipal liability suits. Chiefs; Law Enforcement Agency personnel (sworn and non-sworn); Police Union Representatives; Internal Affairs Staff; Social Service Agencies; Fed- eral, State, and Local Officials; Special Interest Groups; Communities interested in creating civilian review boards; Volunteers; and Colleges, Universities and students. The general public is also invited. Summer 2000 page 6 ] Sustaining members are organizations and individuals who wish to make tax deductible contributions to the further the goals and principles of NACOLE. Donations begin at $500. urqamzatlonal Memt)ers~l Organizational members are agencies of board who provide civilian oversight of law enforcement by legislative or executive mandate. These agencies will receive one transferable regular membership and associate memberships for the remain- ing members of their boards. Annual dues: $300 ~ Reg ula r~Mem ~:ers~ I Regular members are individuals who are not sworn law enforcement officers but who work or have worked for agencies that are mandated y legislative or execu- tive authority to investigate and review complaints against law enforcement officers. Annual dues: $150. Associate members are individuals concerned with the oversight of law enforce- ment. The members shall be able to participate in all NACOLE activities, includ- ing serving on committees, but are ineligible to vote or serve as officers. Annual dues: $100. Udent Student members are individuals who are full-time students and are concerned with the oversight of law enforcement. Student members will be able to serve on committees but are ineligible to vote or serve as officers. Annual dues: $25. All memberships include a one-year subscription to the NACOLE Review. (overl page 7 Sur ler Name Organization or company Title Organization telephone (with area code) Organization address City, State, Zip Home address City, State, Zip Home telephone (with area code) Organization fax Home e-mail Organization e-mail Home fax Moke checks pc]yc]ble to NACOLE, Mail form and payment to: NACOLE P.O. Box 1110 Lanham, Maryland 2070] -~ge 8 Summer 2000 _ 8~ · EPTE BER',- - . 12:30 PMTO1:45 PM 10:lSAMTOIO:30AM Lunch hosted Break 6:00 PM TO 9:00 PM Keynote Speakers: Pre-Registration and Reception Peter Carl[si[, Prosecuting 10:30 AM TO 11:45 AM Plumeira Room or outdoors Attorney for Honolulu and Panel Discussion Robert Aaronson, Attorney, Palo Mediation:When,Why, and 8:00 AM TO 8:30 AM 2:00 PM TO 5:00 PM 12:00 PM TO 1:45 PM Registration Case Study: Pratt[cum: Luncheon and Continental Breakfast Group Skill Building Training: Michelle Alexander, Esq. Southern Skill TrainingScenario: Case study California, ACLU 8:30 AM TO 10:00 AM to be made up of a complainant's and Keynote Moderator: Opening a subject officer's conflicting state- TeresaGuerreo-Daley, AuditorCity Hawaiian Blessing Chant ments. The pane[ will conduct train- of San Jose, and California Kumu Hula, Pohaku Mighimitsu lng in small groups to explore how Topic: Racial Profiling Update HonorGuards the group will examine the state- President's Remarks merits, and the complainant & sub- 2:00 PM TO 5:00 PM City Officials -Welcome ject officer to come to a conclusion. TwoTracks If no conclusion can be made, small TRACK-I 10:AMTO 10:45AM groups will outline what makes it ModelsofCivilianOversight: Keynote Address impossible to decide, and will [den- Similarities, Differences and JeffEglash, lnspector General tify further investigation they must Expectatlons, SueQuinn, LA Police Commission conduct or have their Internal Affairs Facilitator ConferenceTheme: Units conduct before completing the This presentatiou is designed for ~Meeting the Challenge and Duty of investigation, persons new to civilian oversight and Oversight:The Work of Community and for jurisdictions intending to imple- Policef 6:00 PMTO 9:00 PM ment an oversight process. Varieties Dinner of oversight will be described; their 10:45 TO 11:00 AM Hawaiian entertainment with cash similarities and differences will be Break bar highlighted. Pros and cons of the models will be described. The ex- 11:00 AM TO 12:30 PM THURSDAY, sEPTEMBER 28 I pected, predictable challenges to Panel Discussion: oversight will be outlined. Technical Assessing Credibility 8:00 AM TO 9:00 AM assistance and further resources will Moderator, Joe Sadoval Continental Breakfast be available. NACOLE Board Member The panel wig address complaints 9:00 AM TO 10:15 AM TRACK-II where little evidence and conflicting Panel Discussion Managing the Oversight and often uncorroborated state- Mediation:When, Why, and How Process: Making Sense of it All ments from complainant and subject Moderator: Barbara Attard Facilitators, Fei[cia Davis, NACOLE officer exist to uncover hidden in[or- Director Berkeley Police Board Member and Chris Reeder, mat[on, and to judge credibility of in- Commission NACOLE Present vest[gat[on documents. The panel This workshop will highlight the A nuts and bolts discussion of is- will also address issues of police cot- mediation process in various cities sues faced by new executive direc- ruption, police or complainant fab- such as Berkeley, Minneapolis, Port- tors in setting up agency offices, rication, planting evidence, false re- land & Hawaii and map out timelines; implementing operation procedures, porting and inadequate internal al- budgets; what has worked, what policies, and oversight mandates. At- fairs investigations. Attendees will hasn't; how to adapt to other meth- tendees will learn to field public im learn strategies to evaluate corn- ods. The speakers will also cover formation requests, and to under- plainant and officer statements and what research has shown and de- stand open meeting laws. Practitio- come to a definite conclusion, scribe the uselulness of mediation, her will learn to create agency bud- when to and when not to use it. Con- gets while interfacing as effective Ii- Panelist: Lee Donohue, Police Chief ference attendees will learn how to aisons with city administration, law Honolulu Police Department, build a mediation process from the department, police executives and Don Mort[son, President of CACOLE ground up and what pitfalls to avoid unions. Participants will discuss in the process. page9 Summer 2000 strategies to build coalition [~j.T~~~! ~~e~.. ~.~~ with community, media, an, DEADLINE: Final day for other concerned entities, reservation is: August 24, Name: 2000. Cancellation: A reser- 5.~0 PM vation must be canceled no Title/Agency: Dinner - on your own later than 72 hours prior to ~[~£_~tji~'~]~ arrival. Deposit by personal Address: check preferred (U.S.. dollars): 8:30 AM pay to the order of Kaual City:. Coffee Beach Resort. State/Zip: 9:00 AM TO 10:45 AM CREDIT CARDS are accepted. Wrap-up *A name and deposit is Telephone: Announcements required for each reservation, *Reservation is confirmed Fax: 11:00 AM TO 12:00 PM when deposit is received Business Meeting within 10 days of hooking. A Email: Election written confirmation will be mailed. 12:00 PM EARLY REGISTRATION (by August 24, 2000) Lunch - on your own CREDITINFORMATION: El $250 Regular Member 6:00 PM CardholderName: [3 $250 Organizational Member Banquet Dinner and Cocktails D $275 Student Member Entertainment Program AIdha Remarks Expiration Date: ~3 $300 Associate Member CONFERENCE END TypeofCard: [:35300 NonMember See you next year! Card Number: Registration Plus Membership CONFERENCE LOCATION: Mastercard Interbank Number(4 [] $550 Organizational Member 4331 Kauai Beach Drive Lihue, HI Digits)): [3 $400 Regular Member 96766 Reservations can be made bycalIing: BillingAddress: [3 $400 Associate Member 1-888-245-7717Te1.(808) 245- [] $300 Student Member 1955 Fax: (808) 245-3956/Group ( Take 20% discount for groups of Department two or more from the same agency ( Add $50 for each late registration Check in time is 3:00 PM. Please return this form and postmarked August 24, 2000 or Check out time is 12:00 noon. one night's deposit to: after Children 17 years and under are free when sharing with Kauai Beach Resort, Amount Enclosed $. parents and utilizing existing Beach Drive, beds. INDMDUAL GUEST Lihue, HI 96766 Please make checks payable to WILL BE RESPONSIBLE FOR Attn: Cory Manalani/Reservations NACOLE and mail it to: HOTEL BFI.I.MAN SERVICES. P.O. Box 1110 Lanham, MD 20703 (Current Industry Rate: $4.90 inclusive, round-trip, per No refundforcancelafterAugust person) 24, 2000 ~, e '-, -,, Summer 2000 oaael0~ Denver PSRC looks forward to continuing its work into _ the new millennium I by Joseph G. Sandoval /T~he enabling ment in matters involv- ants requested the sandovaj@mscd, edu llegislation ing alleged police Commission to review ,i. leading to the misconduct. The 17.5% (468) of all creation of the Public Commission does have citizen complaints. Safety Review Commis- subpoena power and sion of the City and the authority to hire an After review by the County of Denver, independent investiga- Commission, Commis- Colorado was the result tor. However, all sioners recommended of compromise. The Commissioners are a change in the finding Denver City Council volunteers and one lor 16% of the corn- enacted the ordinance staff person serves the plaints reviewed. creating the commis- Commission. Although Commission- sion in August of 1992. ers agreed with the The Commission began departmental findings to function in January During the past seven in 84% of cases re- 1993 with seven years the Commission viewed, the Commis- Commissioners ap- has reviewed 468 sion has had to defend pointed by the Mayor. complaints. All corn- its authority under the The selection process plaints are not re- Ordinance since the now requires the City viewed, but the com- beginning. The Police Council to approve the plainant must request Protective Association appointment of the review after the Denver has made efforts to Mayor. Each Commis- Police Department has eviscerate the power sioner serves a four- investigated the granted under the year term and there are complaint and issued a ordinance through limitations of two finding of not sus- political and legal terms, tained, unfounded or challenges. Fortu- exonerated. The Denver nately, the Commission Police investigated has prevailed in most The Commission serves 2635 citizen complaints of these challenges and as a reviewing body during the past eight looks forward to over the investigations years and sustained continuing its work and conclusions of the 11.7% (306) of those into the new millen- Denver Police Depart- complaints. Complain- nium. · J page11 Summer 2000 Respectful and E££ective Policing :lnvest~gat;ve ~r~c,e Vera Institute, March 1999 S. Available online at: http://www.vera.org/vhp. Bronx-web.3 html San Jose Independent Police Auditor, Profes- sional Standards and Conduct Unit Focusing on two New York precincts, the '12nd and 44th, which experienced both reduced crime and This manual provides an important model for reduced complaint levels, this report outlines investigation monitoring, based on established "broken windows" policing and exposes the fallacy practices of the San Jose Independent Police that reduced crime must include aggressive, disre- Auditor. spectful policing. The authors suggest that tile ContactTheresa Guerrero-Daley atTeresa.Guerrero- impressive statistics in tile 42nd and 44th precincts Daley@ci.sj.ca.us are the result of two police managers with differing management styles, each expecting their subordi- nates to interact respectfully with the populations'1 flSA: Race, Rights andPolice Brutalityr they serve. This article provides an innovative metbodc;Iogy for studying comparative crime and Amnesty International complaint rates in other jurisdictions and poses Available online at critical questions for training discussions http://www, amnesty, org/rightsforall/police/ among board members and law enforcement brutality professionals. Amnesty's September 1999 report discusses critical Eleventh Semiannual Report on the issues in police brutality including national and federal initiatives, international standards, on-going Los Angeles Sheri££'s Department investigations of pepper spray, stun belt and police dog misuse and police abuse of gays, lesbians and tile mentally iii. Merrick Bobb, October ~ 999 Special Counsel to Los Angeles County Board of Availab~eSupervis°rSonline°n Sheriff'Sat: Department Use.Of Force by Police: Overview of http://www.co.la.ca.us/11 thereport.htm NatlOll¢li ~nd Local D~to The eleventh installment in a series ol semiannual National Institute of Justice and Bureau of reports on issues in the Sheriff's Department, this Justice Statistics report discusses sexual harassment within the department and attempts and costs to curtail it, Available online at retention of personnel data, use of force training, http://www,ncjrs.org/txtfilesl/nij/176330.txt use of canines and litigation. These reports ~re always instructive to those examining law enforce- The NlJ's October 1999 report provides an uverview ment accountability. If your jurisdiction is examin of research on the use ol force, the latest fir~cliugs ing any of the current topics, you are likely to find ir( m NIJ-sponsorec research projec s and sug~csts at Suelqq@aol com fur tncluston tn future t.ssues of The NACO[,E Review. Summer 2000 page 12 4. Medical care in the jails 5. Personnel tracking using the Personnel Perfor- mance Index. Merrick Bobb, June 2000 Policing the ~olice · Special Counse/ to Los Angeles County Board of Supervisors on Sheriff's Department David C.Anderson,The American Prospect no. Available online at: 42, January-February 1999. Available online at: htt p://www.co.la.ca.us/12SheriffRprt.pdf htt p://www, prospect.o rg/a rc hives/42/ In June, the 12th Semiannual Report on the Los 42anderson.html Angeles County Sheriff's Department was released Anderson explores the effectiveness of community by LA Special Counsel Merrick J. Bobb. This report policing and quality-of-life policing. contains studies on the following issues in LA tt8: 'Sanctioning your jurisdiction and useful to oversight Boards · 'o examining similar issues. I P°lig~ ~IscOnduct: General Principles J ',., ,,.,~ , Th~*topics include 1. How Community Oriented Policing Is Imple- mented, including a discussion of COPS program The Royal Canadian Mounted Police External mission, policies, supervision and accountability Review Committee. 2. Fighting corruption in a law enforcement agency Available online at: 3. Canines, including bite analyses and liability http://www, erc-cee.gc.ca/Discussion/english/ issues eDP8.htm EmPloyment opportunities Department of Justice, Civil Rights Division, Special Litigation Section T he Civil Rights The Special Litigation Steven H. Rosenbaum Equal Credit Opportu- Division is hiring Section is charged with Chief nity Act. lawyers with at enforcing federal civil Special Litigation least two to three years' rights statutes in three Section Send resumes to: experience, paralegals, major areas: conditions Civil Rights Division ~loan A. Magagna and investigators, of institutional confine- US Department of Chief Thirty to forty posi- ment, conduct of law Justice Housing and Civil tions are available in enforcement agencies, 60 l D Street NW, Suite Enforcement Section two sections, the and access to reproduc- 5200 Civil Rights Division Housing and Civil tire health facilities Washington, DC 20004 US Department of Enforcement Section and places of religious (202) 514-6255 Justice and the Special l.itiga- worship. 601 D. Street NW, Suite tion Section. Other The Housing Section 5909 sections may also be Interested persons enforces the Fair Washington, DC 20004 hiring but in lesser should send a resume Housing Act and the (202) 514~1713 numbers, to: ~_~age 3 Summer 2000 1 The NACOLE Review is published twice a year for the members of NACOLE. National Association for Civilian Oversight of Law Enforcement RO. Boxlll0 Lanham, Maryland 20703 (301) 731-5808 · Fax (301) 794-0264 E-maih NACOLE95@aol.com Editor: Suzanne Egbert segbert@yahoo.com © 2000 NACOLE, Inc. All rights reserved. John Watson Poliee Citizens Review Board National Association for 410 E. Washington Street Civilian Oversight of Law Iowa City, IA 52240 Enforcement RO. Box 1110 Lanham, Maryland 20703 first class mail Send, Bauer , , , , ,, ,, , From: media~:~wa-city.org -Sent: Friday, September 08, 2000 11:28 AM ~ubject: RELEASE: Traffic Stop Demographics Contact: Sgt. Bill Ca,bell Phone: (319) 356-5293 Date: 09-08-2000 Time: 11:15 am Authority of: Chief R.J. Winkelhake Sergeant Sid Jackson recently attended the Southern Police Institute at the University of Louisville. One of the requirements of the course work is to do e research paper that can or will be utilized by the attendee's agency. The topic of Sergeant Jackson's research was Racial Profiling. The topic of Racial Profiling has been one that the Department has been interested in for some time. The issue is very much on the national screen of items of interest. The Iowa City Police Department has taken some steps to attempt to gain a better understanding of Racial Profiling. Sergeant Jackson introduces his paper with a review with a number of items of data from various authors and studies on the topic of'Racial Profiling. Sergeant Jackson speaks to what the police department has undertaken in the area of concerns about ~gang problems" which have an adverse effect on the quality of .fe in different neighborhoods of the city. Sergeant Jackson did a review of the literature of the topic as well as reviewed the recent court cases on his research topic. The substance of Sergeant Jackson's paper is found in the recommendation's section. In the recommendation's section Sergeant Jackson reviews what the department is doing or has done and makes some valuable .recommendations for future work. The department has collected data on traffic stops since July of 1999. The department collects the race and gender of the drivers. The traffic stops are videotaped. The department provides cultural diversity training fo~ all members throughout the nineties. The department has done three community surveys during the nineties. Sergeant Jackson also included a section titled "What more can we do?" In this section Sergeant Jackson lists a number of items to consider in the future. In addition to collecting data by race and gender he recommends the following data be collected:  the alleged violation prompting the stop 't61623; whether there was a search 61623; what (if anything was searched  the legal basis for any search &%61623; whether any contraband was found ! &~61623; whether an arrest was made &~61623~ whether any property was seized &%61623~ whether there was any physical resistance by the driver or passengers &%61623; whether any officer used force in connection with the stop z%61623; whether any injuries resulted from the stop, and ~61623~ whether the stop was related to an investigation. The Iowa City Police Department is in the process of reviewing which recommendations it can implement at the present time and which can not be done. If you have questions about the work that Sergeant Jackson has done or the direction that the department is proceeding, please advise. Sergeant Jackson will present his research paper at a state wide conference of Iowa Sheriff's and Police Chief's on Monday, September 11 in Des Moines. The Iowa City Police Department has completed one full year of tracking the traffic stops made by the members of the Police Department. The traffic stops made by the officers of the department are recorded from the observation of the officer and listed by gender as white, black, hispanic, asian, other or unknown. The department also utilized a category of unknown if the officer was not able to make a determination of gender or race by the observation. The breakdown for the first 12 months of traffic stop demographic data is as follows: TOTAL TRAFFIC STOPS: 15545 RAcE MALE FEMALE ~ite 8246 5018 .ack 849 381 Hispanic 238 85 Asian 311 139 Other 159 37 Unknown 33 19 Unknown Gender and Race 30 The department is continuing to track the traffic stop data and will implement additional steps to assure that racial profiling, simply stopping a vehicle because of the race of the driver, does not take place in the City of Iowa city. If you would like to view Sgt. Jsckson's research paper on Racial Profiling, it is located at www.iowa- city.org/police/racialprofiling.htm You may view past media releases at http://www.iowa-city.org/media releases.asp To unsubscribe to this mailing list, please go to http://www.iowa-city.org/mailing/mailing.pl and enter your email address. Then uncheck the lists from which you wish to unsubsoribe. The Daily Iowan - Iowa City, Iowa - Wednesday, August 23, 2000 Make cops play by the rules Befc~ ~o. get ~dld, g~ ~ fo your 9roe.d.ral yea~ debating Iowa Cites alcohol policF gamut. But one issue (the one that most selves on Iowa's laws. Below am general ~idelines to consider when or house, citize~ a~ under no obligation va~ spa~ and the~fom a~ not under ~l~o~ol-rslzlsfl the officer's immediate ju~sdiction. Simply, and politely, ask the officer PCRB discusses 4A Iowa City Press-Citizen Wednesday, August 9, 2000 comments to media By Jennifer Dyke Iowa City P~zss-Citize~ Members of the Police Citizens Review Board are suggesting cbanges in the way the Iowa City Police Department speaks to the media in certain cases. At its meeting Tuesday, board members suggested to Police Chief R.J. Winkelhake that he assign one person from the depaganent to act as a spokesman durh/g cases that are controver- sial or litigious, and limiting opin- ionated comments to the press. The board pointed specifically to cases such as the death of Eric Shaw. The PCRB orighmted in 1997 in response to the controversy surrounding Shaw's death, who w~s shot in his family business by an Iowa City police officer. Which cases in the future would be considered highly con- troversial were not defined. "It's a judgment call, I guess,' said PCRB chairman John Watson. "Anything we do could be one of those incidents," Wmkelhake said. "We treat them all the san~e.'' Wmkelhake said the depma- merit bas a full-time officer who acts as a spokesman to the media, but added that he also encourages other officers to speak to the press since that person only works 40 hours a week. "We really don't have anythhlg to hide. We encourage people to talk to the media," he said. Wmkelhake said the depart- ment will be reviewing its policy on the media sometime in September and will meet with media representatives to discuss it. "Quite fl~qkly, I'm not w/lling to restrict it to one person," he said. "The biggest concen~ is offer- h~g comments to the press on their personal opinions," said board member Leah Cohen. The Gazette, Wed., Aug. 9, 2000 SB · Chief questions need for media policy Changes By E~n Waiter Gazette staff writer IOWA CITY -- Iowa City Police Chief R.J. Winkelhake is skeptical about a citizens review board request that only one officer talk to the press about potentially high-profile cases. "We really don't have anything to hide, so we encourage our people to talk to the media," Winkel- hake said at last night's board meeting. Determining which cases will be controversial or high-profile may also be difficult, he said. The department already has a media relations ofi~mer, Sgt. Bill Campbell, who works 40 hours a week, Winkelhake said. But on a 24-hour-a~lay force, there are many times when the media must get information from other officers, he said. Board members also said officers should refrain from giving their opinions about a case. Doing so, said board chairman John Watson, may question the credibility of complainants in cases. "You just don't want misinformation out there," Watson said. Winkelhake said the department's media policy w~ be discussed in September. Representatives from print, radio and television news will be involved in the review, as will officers, he said. Despite Watson's request that the board be allowed to contribute to the review, Winkelhake said the decision will be made within the department. In other matters, the board reviewed its policy for complaints made against officers. In the future, the b~ard may specify what areas of concern will be discussed in an officer name-clearing hearing in hopes of getting more otficers to come and share their side of the stow. Sun la.y /Page 6A Insight August 13, 2000 Iowa Ci(v Press-C;tiaen Letter of the week Police should take next step O.sh~ Gray D~id.sm~ is cops engage h~ racial proffl- afl outlwr tt~td occ(tsioual ing here every day. comme}~tator au local Apologists can swear that issues, the practice never happens. But without the facts, the The Iowa City Police only tldng we can be sure of Department deserves praise is that we don't really know for beginning file practice what's goh~g on. Ag~cn, the I~rst ye~' of keeping track of ICPD deserves credit for the racial demographics o1' pray/ding information -- ~dl traffic stops and rele[rs not just rhetoric. mg that information Io the On July 31, the ICPI) public, ltwa.soneoftheftrst released its first a~mual law enforvement agencies compilation of traffic stop in the state to do so. dam~ While tiffs represents "Racial profiling' is one an important step in the of the more right dh'ection, the qu~i .ty of controver- the illformatiOll ca~ and sial issues in should be improved. Only police/citi- raw nmnbers were released zen relations b~ the police report. Bmsed today, and on these figures, I c~flculat- for good rea- ed that nem'ly 8 percent of son. If it the total was black. But doesn'l hap- what does even this figure pen to you, tell us about the practice of racial pro~fl- Da¥~$oll rm:ial profding here'? lng may Without knowing the sound like nothing more percentage of black resi- Ihm~ an inconvenience al denls in Iowa City, it's still worst. But when police impossible to tell if [)lacks make routine traffic stops am stopped disproportion based on the individual's a~ely. !'ace, rather Ihm~ on stlspi Expanding fulttrp ICPD claus behavior or illegal traffic stop reports m actions, they }msattlt the dig- include these percentages Home: Ne~,vs i ToclaVs StoMes UN ON ~,~,~,~,~,~, By BRENDAN LYONS, Staff writer First published: Wedne~ay, August 16, 2~~ ~ ~"1 Police say tang not new ......... :, policy Albany -- Last week's recording of alleged t ;;ha~t*~r t bm/ murder confession was at discretion of detectives, they contend &r~'a* {;ro~p A decision by police to tape last week's interview ora murder suspect marks the first time detectives recorded a homicide interrogation since their ~l practices were called into question earlier this year. But authorities contend the decision to record tbe interview was not a depamnental policy shift and has always been at the discretion of the detectives According to police, Vanessa G Porter, 32, conlbssed to killing her landlord July 2 because she was high on crack and behind on her rent Controversy over whether to electronically record suspects' statements surfaced in Januaw when a city murder suspect was acquitted by ajuW that disregarded a typewritten confession that police claimed he signed Anthony Taylor denied killing his landlord, Daniel Potler, over a rent dispute He subsequently filed a $7 million lawsuit against the city claiming a detective fabricated the confession and forged his signature on it On April 3, three months after Taylor was acquitted, 20-year-old Kevin W Cherry was set t~ee on the eve of his second trial tut the murder and robbery of a snspccted mar(iuana dealer Despite having obtained an alleged typewritten coni~ssion signed by Cherry, police said Ihey had the wrong man and named two other suspects [)et~nsc lawyers said tbe cases underscore the need tBr police to electronically reco~d all their interviews of suspects "It's for a jury to interpret what a suspect says, not the police," said defense attorney Raymond Kelly "I'm highly skeptical of any purported confession that is not electronically recorded in its entirety" Albany police have occasionally tape recorded, and even videotaped, their interrogations of murder suspects But the practice has rarely been done outside the department's Children and Family Services Unit, which investigates homicides of children, officials said. "At this time we don't have a policy and it's discretionary in its use," said Detective James Miller, the department's spokesman In April, after Cherty was cleared of all charges and released from jail, Albany County District Attorney Sol Greenberg and Albany Police Chief John C. Nielsen announced they would form a task force to study whether to videotape interviews with suspects. But so far, there has been little progress and no decision on a policy "It hasn't quite worked its way up to the front burner," Nielsen said. "We are still looking at it and .. we do apply it on a case-by-case basis" On Aug 8, Porter, a suspect in the murder of 47-year-old Cecil Nellenback of Albany, was arrested by detectives Ken Kennedy and Sgt Charles Arsenauh. The detectives tape recorded their interview with Porter while allegedly obtaining a signed confession Porter was arraigned on second-degree murder charges in County Court on Tuesday Assistant District Attorney Paul A. C[yne said he turned over a copy of the audiotape to Porter's lawyer at her arraignment Ifa tape recording captures a def'endant's emotions during a confession, such as crying, it can be very iowcdhl evidence in fiont of a jury, Clyne said But in tile case of an audiotape or a videotape ol'a suspect, it still depends in large measure on tile credibility ot'the interviewing police officer," Clyne said A number of large police departments nationwide have been electronically recording interviews with suspects t'or years In Minneapolis, where audio recordings of interrogations are mandated, veteran detectives say criminal investigations have not been hampered In fact, many cases have been won because jurors were able to watcb or listen to ,a suspect's interview with police, officials said Even in municipalities where all suspect interviews are videotaped, such as the Bronx, defense attorneys routinely attack the credibility of the recordings and often argue that they were coerced. Under a 1969 US. Supreme Court ruling, police are allowed to use deception to get suspects to talk. But detectives are not allowed to use psychological harassment or physical force to get someone to confess. The various tactics police use have been developed over decades -- shaped by both on-the-job training and court decisions about wbat is ethical and appropriate Each state bas its own rules. Some states, for instance, will allow police to lie -- even about nonexistent evidence -- in order to get a suspect to confess, writer Klm Martineau contributed to this story.. Jill Send this story to a friend Return to Top UNION ~ By MARV CERMAK, staff writer Some wonder why grand iury probe did not address olice brutality issues Some political and community leaders said Thursday they are disappointed with the results ora federal grand jury that indicted two officers on dPdg charges, saying the probe did not address widespread complaints of brutality and racial protiling "What's been announced is just the tip of the iceberg because there are several lawsuits cllarging police with brutality," City Council President Joseph Allen said Thursday "The major connnunity complaint was about people being beaten bY police, so the feds t 1 better go back to tile drawing board and do it over again." Itl announcing the indictments of officers Richard Barnett and Michael Slier, federal prosecutors said the investigation is ongoing and more indictments are }ossible The probe started after the two officers were suspended on charges they picked up a man in Hamilton Hill and drove him to a dark Glenville road, where they abandoned him without shoes. Subsequently they and other officers were accused in civil suits of brutality and abuse The police chief and mayor called on the FBI to examine the allegations. Political and community leaders had hoped to find more answers ['rom tile probe "If the grand jury found no evidence of brutality, this should have been addressed in its report," said Brian Stratton, council Public Safety Committee chairman "We are owed an explanation of what the grand jury found or didn't lind." I ol 4 8 I I O0805 AM Stratton said he hoped the ongoing grand jury investigation doesn't result in further indictments. "Indictments of two officers in a department of about 160 is isolated, but even this finding casts a pall over the entire police force, so it's not a good day for Schenectady," Stratton said James Murphy, a long-time member of the Committee for Social Justice, said the drug charges against Slier and Barnett are shocking, but the alleged crimes are not the major concern of the community. "There is a definite feeling in the community that certain cops had targeted people and beat them up," Murphy said. "Hopefully the grand jury and FBI are looking into these areas." Police Chief Gregory Kaczmarek said a number of allegations by people claiming they were roughed up were investigated by the department and the Police Objective Review Committee. "There were many allegations in the past year, and while some cases are in the courts, a lot of the complaints turned out to be unfounded," Kaczmarek said. Brian Wright, Schenectady County Human Rights Commission executive director, said complaints about police using excessive force subsided since a flurry of incidents last summer. "It's been pretty quiet since then because the police are aware they are under a lot more public scrutiny," Wright said. During a news conference at City Hall, Kaczmarek said he and Mayor Albert Jurczynski did the right thing by asking the FBI to look into brutality charges after several incidents last summer However, Wright said Olivia Adams, president of the NAACP, had been meeting with FBI agents concerning the problems befbrehand. "Greg and Al called the FBI because they didn't have any choice The complaints to the FBI were coming from the community Even if thc two indicted officers are out there on their own, the department isn't running right," W~ight said. Jurczynski said the indictment of two officers should not be a reflection on the entire Police Department I "lfwe, have bad cops, I don't want them on the o'ce, Jtrczv~sk sad Butthetwooflcersha~e 2,,i I 81100805AM not been found guilty yet. Slier and Barnett will bave their day in court." Jurczynski said the two officers, who have been suspended with pay since last August, would continue to be paid unless the indictments open the door for further administrative action. "They will continue to be paid because they are innocent until proven otherwise," the mayor said. About 50 off-duty city police officers, including Policg Benevolent Association President Lt. Robert Hamilton, were gathered outside the James Foley Federal Building in Albany in support of Slier and Barnett. "We're disgusted at the way the feds and our department leaders conducted this investigation," Hamilton said, noting that the rank and file officers were disappointed because city police brass is not present with them Thursday. "Fifty officers volunteered to come here with an hour notice, but with a little time 1 could've had 150 here." Kaczmarek said the police union reaction is understandable. "But when all the information in this case comes out, the rift and hm~. will heal," Kaczmarek said. Hamilton said he is disturbed at accusations by federal officials that city officers intimidated witnesses who were testifying before the grand jury. "That is a ridiculous accusation that will make our job harder," Hamilton said. "You will see the crime rate go up and arrests go down because officers won'l want to risk their livelihood Some of our officers who spoke with witnesses said they were being intimidated into testifying by the teds" Jurczynski said he doesn't expect any decline in arrests "Ill find out any officer is giving less than 100 percent, then we will deal with that situation There is no question the police will suffer added stress, but they can't let this interfere with their job )erfol nlance" qaczmmek said he believed the department has functioned Yery well since the problems erupted last summe~ "We have been under a cloud and doing the 8:05 AM job well, but it hasn't been easy The officers have been pedor n ng hke professionals. ~::.:~ Send this story to a friend Return to Top 8 II 008:05AM UNION By caroL DeMARE and MArV CERMAK, :..... - Staff writers First published: Friday, August 11, 2000 2 officers charged with extortion U.S. attorney: Cops dealt stolen cocaine ALBANY -- In the first indictments to emerge from a yearlong police corruption probe, two Schenectady officers were charged Thursday with extortion and drug dealing after allegedly shaking down someone on the streets and distributing the crack cocaine they took. At a news conference, federal officials said further federal indictments against other officers are possible. "l want to st,-ess this is an ongoing investigation," said Daniel J French, US. attorney tbr the Northern District of New York. Officials refused to release details of the Aug. 3, 1999, alleged incident, involving officers Michael J. Slier and Richard D. Barnett. The officers pleaded not guilty at an arraignment before U.S. Magistrate Judge Ralph W. Smith Jr. and were released aiter each signed a $10,000 personal recognizance bond. Prosecutors said in a statement that on Aug. 3, 1999, the officers stopped a person on a Schenectady street, "threw that person against a car, instructed that person not to move, took a quantity of cocaine base (crack) from that person's pocket, left that person on the street, and failed to turn the drugs into evidence at the Schenectady Police Station." Thomas C McClenaghan, assistant special agent in charge of the Albany office of the FBI, said, "1 consider this a sad day for law entbrcement in the Capital Region" It is "always difficult" to bring charges against others m law entbrcement, he said The FBI has been involved in the probe of Schenectady police tbr the last year ltd 4 8 11008:05AM A grand jury that retm-ned the two-count federal indictment against Slier and Barnett on Thursday sit until next month It then could be extended, French said The jury was originally impaneled last September to look into a variety of claims of civil rights abuses against people and allegations of police corruption In addition to the charges against the officers, allegations surfaced in court and at the news conference that Siler and others may have contacted potential grand jury witnesses in an attempt to intimidate them. The judge gave Siler a stern warning and prosecutors said they are concerned about possible future witness tampering "It's a big concern, threatening witnesses is a felony," said Assistant U.S. Attorney John Katco, tile drug prosecutor in the U S. attorney's Syracuse office, who presented the case to the Albany grand jury. "We are so concerned, it's become one of the lbcuses of this investigation. We are going to watch closely any future witness tampering that may occur in this case." Other officers [lave also threatened wimesses and one may have even gone to a jail to see a potential witness, the prosecutor said. Outside the l~deral courthouse on Broadway in downtown Albany, Siler's attorney, Michael L Koenig, likened the indictment to "Alice In Wonderland, where the world gets turned upside down, where right becomes wrong and good becomes bad" "Let me make it clear and unmistakable," Koenig said "Mike Slier is innocent He has committed no crime. He has done nothing wrong He has done nothing improper" He said Slier served his country as a Marine in the Persian Gulf War and then fullowed his father's tbotsteps into the Police Department "1 fully expect to be cleared," said the 32-year-old Slier, who has been on the furce for halfa decade "1 have done nothing wrong" 2 o~4 8 II 00 8:05 AM Barnett, 30, a nine-year police veteran, was represented by Gerald J Jennings Jr. They did not speak to reporters Some 50 fellow officers rallied around Slier and Barnett outside the courthouse They were dressed in khaki pants or shorts and navy blue golf shirts with the insignia of the Schenectady Police Benevolent Association. Many attended the arraignment~ The first count of the indictment charges the cops with "extorting drugs from a person known to the grand jury by the wrongful use of actual and threatened force, violence, tear and while they were acting under color of official right," according to a statement from the U.S. attorney. "While in uniform, they extorted crack cocaine from a citizen," French said. He declined to say whether it involved a drug dealer or the amount allegedly taken. The first count is a violation of the Hobbs Act, a federal law used against police in similar cases in cities nationwide, French said "Drugs are commerce, and an individual (in this case, police officers) who interferes with that commerce under force or color of law," can be charged, French said The second count alleges the officers possessed crack cocaine with the intent of distributing it and did distribute it. If convicted, each count carries a maximum of 20 years ill prison The investigation started last summer when Siler and Barnett were suspended by Chief Gregory Kaczmarek after they allegedly took a man from Hamilton Hill and left him shoeless on a dark road in a remote area of Glenville When that incident surfaced, the chief ordered the lockers of the two officers sealed City police sources said drugs were found in both lockers Allegations of other civil rights abuses were made against police officers and tile Department of Justice stepped in The two officers were released Thursday because they are not considered a flight risk or dangerous. Both officers were aware for some time they were targets of the investigation, and they did not flee, Katco said. Also, they were suspended from the lbrce last August and remained in the community. Siler lives on Third Street in Schenectady; Barnett on Plum Street in Niskayuna. The officers did not have to put up money or property to be released on the $10,000 personal recognizance bond If they fail to appear in court, officials could go after them for that amount What occurred Thursday "shouldn't be a taint on other officers" within the department, French said "The people of Schenectady are served by a predominantly good and faithful police force." ~-:~ Send this story to a friend Return to Top By BRENDAN LYONS, Staff writer First published: Friday, July 21,2000 ~i Police tactics surface at trial Albany-- Supervisor ordered zero tolerance after officers were shot Betbre police fanned out into Arbor Hill to join the search for a man accused of shooting two of their fellow officers last fall, a police supervisor issued a "no-tolerance order," instructing his officers to arrest anyone suspected of breaking the law, no matter how minor, according to internal police documents. The order was issued several hours before police entered the North Swan Street area, where officers wrere accused of using racial epithets and excessive force in the predominantly black neighborhood after the search. Critics say the order heightened tensions between police and residents that day. The department came under fire for the way officers conducted themselves after the initial search for 34-year-old Tracy Grady. The no-tolerance order came to light during the trial of Almasi Forrest, one of three men arrested on minor charges during a melee outside Fat Dee's convenience store after police swept through the neighborhood. A resisting-arrest charge against Forrest was dropped by prosecutors, but Forrest was convicted Thursday of disorderly conduct and was fined $250. His lawyer, Randall E. Kehoe, said he would appeal. At the trial, Lt. Dennis Dolan, a uniform patrol supervisor in Arbor Hill, testified that he instructed officers to arrest anyone breaking the law in that neighborhood. "1 said l don't want even an open-container violation to be overlooked," Dolan said under cross-examination. "At roll call, I told all the officers they were to strictly enforce all laws." I of 4 721/00 8:15 AM '[>olice tactics sttrl'acc al trial' - finlesunion.co]n hllp: ~xxx~ IhncsLLnion conl AspStolics sto...15Kc5 37965&BCCodc llOME&ncx~sdatc 7 21 I>t) Kehoe contends the no-tolerance order prompted officers to be overzealous as police sought leads on Grady's whereabouts. Grady is accused of grabbing a i pistol from Officer Thomas Shea and using it to shoot Shea and his partner, Stanley Nadoraski. Both officers have returned to active duty. Grady was arrested several weeks after the shooting in Atlanta. In sworn statements to internal affairs detectives, some officers said the message t¥om their higher-ups was clear. William Warner, a bicycle patrol officer, said in his statement to internal affairs detectives that that day was not routine. He said Dolan instructed several officers to concentrate their patrols on the area where the two officers had been shot. "Basically (he told us to) talk to people, everyone ~ou see, talk to everyone on the street, have no tolerance with anything at all," Warner said in the statement. "Open container, whatever, just absolutely no tolerance that day." Chief John C. Nielsen said the department does not use the term "no tolerance order." Still, Nielsen said instructing officers to saturate a neighborhood, to make arrests and to talk to people on the street is a tactic commonly used by police departments when information about a difficult case, such as an unsolved homicide, is sought. "If you take that explosive terminology out, 1 don't have a problem with the policy," Nielsen said. "The meaning of the lieutenant's message was not to be oppressive, but it put us in a position to force communication. If someone's breaking the law and we hold them to the letter of the law, then we open the lines of communication." The controversial arrests took place around 12:20 p.m at the corner of Clinton Avenue and North Swan Street. As the search for Grady continued, an Arbor Hill corner erupted in chaos in front of Fat Dee's when more than a dozen officers swarmed the scene as Warner and Officer Thomas Blesser arrested a man on a minor marijuana charge. Three men -- Forrest, Warren Washington and Sean 7'2100 8:15 AM Foskey -- say they were pepper-sprayed, beaten and called racial epithets by police as they were arrested on charges of disorderly conduct, a violation. They :laim they were only observing the man being arrested on a marijuana violation, but police officers claim they refused orders to move on. Several witnesses at Forrest's trial before City Court Judge John C. Egan Jr. testified that it was the police who ignited the chaos in front of Fat Dee's. One witness, Louis King, 55, testified that officers became infuriated when someone yelled: "This is why ~,ou cops get shot" "The police said: 'If someone said that, arrest them all,'" King said. King testified that he began instructing young men gathered on the corner to get into his house to avoid being arrested. "1 was frightened," King testified. "They just pounced on everyone who was out there." Another witness, Mamie Maxwell of Clinton Avenue. testified that she heard an officer use racially charged obscenities as he chased one of the men across Clinton Avenue. "People were afraid," Maxwell testified. "They (police) weren't saying disperse. They were just all over everybody." Forrest claims he was beaten by an officer with a nightstick as he lay lace-down on the ground in handcuffs and an officer pulled his pants down and sprayed his backside with pepper spray. The arrests reignited calls for a civilian police review board. Nine officers face discipline ranging from counseling to firing over the incident. The disciplinary charges are still pending, officials said. The identities of the Albany police officers facing disciplinary charges in the incident have not been made public. Forrest, Washington and Foskey have filed a $6 million federal claim against the city. 7'21/00 8:15 AM Send this story to a friend Return to Top Cop,. rigl~ 20(10. Capital Ncx~spapers Division ot'The Ileal'st Corporati{m, .~lbally, N.Y. Thc i~fl'o~ation you receive online l¥onl Tinlcs I hlion is plolcctcd b?, tile copyright [a~[s ol'lhe I lnited Slates The top'ri ight laws prohibit any copying, redistributing, ictranstllilling, tlr rcpm])osillg or'all5 copyrighl-prolect ed inateriaL 4 o1'4 7 21 '00 8:15 AM UNION By MICHELE MORGAN BOLTON and TIM O'BRIEN, Staff writers First published: Friday, July 21,2000 Officers defended in fatal ............ shooting Fast Gmen~ush-- ~olice acte~ in solf-0e~onso, officials stross, after Thomas ~arino tim0 with assault dfie ?olice are insisting they acted in self-defknse Wednesday evening when they shot and killed a despondent 3 I-year-old Army veteran who'd held them at bay for nearly seven hours before exiting his ~E~ house and firing at them with an assault rifle. VIP Thomas J. Marino, 31, died two hours later at 9:01 >m on an Albany Medical Center Hospital operating table while undergoing surge~ for multiple gunshot wounds to the chest. His death came after a daylong saga that caused the evacuation of the quiet residential neighborhood and ended in a burst of gunfire outside the 119 No~h Springhurst Drive home. Prelimina~ autopsy results showed Thursday that Marino died of "multiple trauma due to gunshot wounds," according to the Albany County coroners' office, which is handling that aspect of the case since Marino died in Albany County The prelimina~ results do not detail The number of times he was struck by police bullets or how many bullets or bullet fragments were recovered during surgeons' struggle to keep him alive The Rensselaer County district attorney's office said it was going over police repo~s on the chain off events that led up to Marino's death. "We do have the file on the shooting," said Kris Thompson, spokesman for District Attorney Kenneth Bruno's office "We're in the process of reviewing it 21008:15AM at this time." At a news conference Thursday morning at East Greenbush Town Hall, State Police Maj. Stephen J. Maher and East Greenbush Police Chief Christopher Lavin said everything that could have possibly been done to bring the conflict to a peaceful conclusion had been done, but to no avail. Police reasoned with Marino for hours in an effort to get him to surrender, but when he finally agreed to exit the home, he did so with an SKS Egyptian-made AK-47 knock-offin his hands, Maher said Marino walked a short distance, turned toward the officers and fired directly at them, Maher said. Three law enforcement officers fired the shots that killed Marino, he said. Not all were State Police, he said. Neither Mailer nor Lavin would say how many shots ~olice fired at Marino nor how many shots Marino fired from tile rifle. It's all still under investigation, Maher said. Questions were raised Thursday about the appropriateness of the move to shoot Marino. But police said when it came down to it, they had no choice. "If a member of the community is threatening the use of personal deadly force, our members have the right to respond in kind," Maher said. "There is no i question in my mind" that Marino fired directly at the law enforcement personnel. It all started early Wednesday morning when Marino's wile Christine, 24 -- a frequent substitute teacher at Bell lop Elementary School in North Greenbush -- fled the home with their 20-month-old baby After informing town police her husband was despondent and had an assault rifle, local authorities and members of the Tri-Town Joint Emergency Response team -- made up of two members each from East Greenbush, North Greenbush and Schodack -- arrived at the home and tried to calm 721008:15AM Marino down The unemployed Army veteran, who sources said was receiving disability benefits, was seen at several points during the afternoon briefly exiting the home through both front and back doors while holding the , gun. Finally, State Police crisis negotiators, investigators and other troopers were called in. After several intense hours of negotiations, Marino agreed to leave the residence, Maher said. "We tried to end this peacefully, using all the necessary communication skills," Maher said. "Right up to the end, our assumption and information was that he was leaving the residence unarmed. However, he chose, unfortunately, not to do that." Shortly after the shooting, Marino's brother Tony accused police of refusing family members the opportunity to enter the home to try to talk Marino out. Efforts to reach the Marino family Thursday were unsuccessful. Lavin said letting the family in would not have made sense. "This fellow had already exhibited deadly intentions," the chief said "What good sense would it be to expose gooddntentioned family members to that and say 'come and visit?'" Police tried everything to get Marino to hand over the weapon, Lavin said. "The officers shouted, 'Tom, come out. We're concerned about you,'" Lavin said. "Then they tried bull horns. But he never answered. Finally, they resorted to the telephone. And after quite a while, he picked up" Police would not comment on whether Christine Marino had taken an order of protection out against her husband or whether he had threatened to kill her and their baby They did confirm he'd been taking prescription drugs ibr a medical condition they wouldn't disclose And he hadn't taken any tbr a week, they said tol4 721008:I5AM The couple had closed on the Springhurst Drive home Feb 29 The Marinos had listed their prior I address as 11 Denise Court in East Greenbush, where they apparently lived with the McKiever family. The man who answered the phone at that address Thursday refused to comment or confirm he was Marino's father-in-law. "There isn't anything I want to say to the media," he said. Neighbors in the tidy upscale neighborhood just off Columbia Turnpike seemed eager to put the trauma behind them Thursday. The one woman who had any thoughts on the sudden and deadly shoot-out didn't want to use her name. "1 wasn't here at the time it happened, but l'm just relieved that it's over," she said. "I just feel very sad for the family." East Greenbush Supervisor Bob Angelini, a 27-year member of the Bruen Rescue Squad and a trained EMT, spent most of the day Wednesday camped out with police, the media, ambulance workers, other >aramedics and onlookers. "Negotiations there weren't easy," he said. In hindsight, he said, "I didn't see anything that 1 thought should be different." writer Cathy Woodruff contributed to this report. [:..,:i Send this story to a friend Return to Top 7/21008:15AM