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HomeMy WebLinkAbout03-04-2003 Articles Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Thursday, January 16, 2003 4:12 PM To: update@nacole.org Subject: [NACOLE Update] Lack of Witnesses Hinders Inquiry Into Police [] The NewYorkTimesi ' I [] Sponsored by Starbucks January 16, 2003 Lack of Witnesses Hinders Inquiry Into Police Shooting By WILLIAM K. RASHBAUM [] A n investigation of a fatal shooting by a police officer in Brooklyn on Jan. 2 has been stymied by a lack of witnesses with a clear view of the officer at the instant of the shooting, according to several law enforcement officials. Prosecutors from the office of the Brooklyn district attorney, Charles J. Hynes, and investigators from the Police Department's Internal Affairs Bureau, who are investigating the shooting on the afternoon of Jan. 2 in Bensonhurst, have said that they think the officer may have discharged his weapon by accident, either as he banged on a window of a minivan with his pistol or as the minivan jostled him. But officials from both agencies said more investigative work needed to be done before prosecutors presented evidence to a grand jury, as is standard in fatal police shootings. The Brooklyn shooting was one of four fatal police shootings that occurred in the first two days of the new year. Police Commissioner Raymond W. Kelly has said that preliminary investigations found that the other three appeared justified. The incident occurred after officers chasing a stolen minivan corralled the driver in heavy traffic on 86th Street near Bay Parkway during the afternoon rush, and the driver crashed back and forth into a bus in front of him and a car behind him in an effort to escape, the police said. About halfa dozen officers surrounded the van, and one, in an effort to pull the driver out, broke a driver's side middle window with the butt of his gun, and another, Officer John Brennan, tried to open the driver's door with his left hand while banging on the window with his pistol in his right hand, several officials said. At that point, Officer Brennan fired a single shot, striking John Lagattuta, 35, once in the left shoulder, officials said. Mr. Lagattuta died later at Victory Memorial Hospital. Officer Brerman, 35, a five-year veteran assigned to the 60th Precinct, has not yet been interviewed by investigators. Prosecutors typically request no interviews be conducted in cases in which the degree of an officer's fault has not been determined. Because the interviews are mandatory, the officer receives immunity for any statements. 1/17/03 Page 2 of 2 Officer Brennan had never been involved in a shooting and has had no civilian complaints against him, officials said. He is on administrative duty pending the outcome of the investigation. Police investigators have interviewed more than 20 officers and one witness who has been identified as the only civilian known to have had anything approaching a clear view. Based on those interviews, several officials said, it remains unclear what caused Officer Brennan's gun to discharge as he tried to open the minivan door. None of the police witnesses have said they had a clear view of the incident. The civilian, who was seated in a car in traffic beside the stolen van, saw Officer Brennan bang on the window with his gun, but told investigators that he did not realize a shot had been fired, one senior law enforcement official said. Some of the officers around the van thought more than a single shot had been fired, apparently because of the sounds of the other officer's breaking the van's window or the sound of the van's hitting other vehicles, officials said. Investigators have said they are certain only the single shot was fired. One officer called a report of "shots fired" into his radio, apparently before Officer Brennan fired his 9- millimeter Glock service pistol, because he heard what he thought were two shots and saw the officer who broke the middle window bleeding from the hand, officials said. Officer Brennan's lawyer, Stuart London, would not discuss any details, but said, "After a thorough investigation is completed in this case, it will be apparent to everyone that this officer acted reasonably under the circumstances." Copyright 2003 The New YorkTimes Company I Perm!ss!ons I Privacy Pol!cy Michael R. Levy Founder & Publisher TEXAS MONTHLY Post Office Box 1569 Austin, Texas 78767-1569 direct dial: 512-320-6906 main:512-320-6900 fax:512-320-7350 cell & truck forte: 512-917-6935 digital pager (Texas): 512-606-0629 (or alpha/numeric via rnetrocall.corn) mlevy@texasmonthly.corn assistant: Para Keller (512-320-6902) pkeller@texasrnonthly.emmis.com http://www.texasmonthly.com TEXAS MONTHLY: If you want to be big in Texas. eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders 1/17/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Thursday, January 16, 2003 4:13 PM To: update@nacole.org Subject: [NACOLE Update] New York Police Send an Investigator to London to Focus on a Pois on Threat [] The NewYork Times [] Sponsored by Starbucks January 16, 2003 New York Police Send an Investigator to London to Focus on a Poison Threat By WILLIAM K. RASHBAUM i[] T ]he New York Police Department has sent a senior counterterrorism official to London because of concerns about the threat posed by a group of North African men accused of plotting terrorist attacks there using the lethal toxin ricin, and the department may send additional investigators, according to New York and British police officials. Both the New York Police commissioner, Raymond W. Kelly, and the head of the Metropolitan Police in London, Sir John Stevens, said the move was part of a broader effort to exchange intelligence between the two cities, which share similar concerns about global terrorism, including biological weapons. The two men discussed the arrangement at a meeting in New York City on Jan. 8, they said. While there appear to be no connections between the London case and New York City, both officials said the two departments could learn a great deal from each other. Mr. Kelly made his comments in an interview yesterday and Sir John made his in an interview last week in New York. "We're concerned about the knowledge these people have and any contacts in the U.S. they may have," Mr. Kelly said. "Big cities -- Paris, New York, London -- have a bond as far as being targeted by terrorists, and we have to continue to exchange information and, indeed, increase our exchange of information." Four Algerian men accused of plotting attacks using ricin were formally charged with terrorist and chemical weapons offenses in a London court on Monday. Small amounts of the toxin, made from the beans of the castor plant, as well as equipment that could be used in its production were discovered in an apartment where the four Algerian immigrants lived in the neighborhood known as Wood Green. A recent F.B.I. intelligence warning said those arrested were part of an Algerian extremist group, and one official said the British police were investigating whether the men had ties to A1 Qaeda. Ricin (pronounced RICE-in) can be fatal in small doses administered by injection, ingestion, inhalation or by contact with the skin. There is no antidote. Experts say the poison is not suitable for the kind of mass killings that have been plotted by terror networks. 1/17/03 Page 2 of 2 A New York police deputy inspector from the department's Intelligence Division who oversees counterterrorism matters was sent to London last week, hours after the arrests were made public. The New York department, under a new counterterrorism intelligence collection program, had already planned to post a single detective with the Metropolitan Police in London, but the investigator had not yet arrived when the arrests were made last week, Mr. Kelly said. The detective has since arrived in London and Mr. Kelly and Sir John said more might follow. Sir John also said he hoped to send several British investigators in New York. As part of the new program, investigators have also been assigned to Toronto; Tel Aviv; and Lyons, France, at the headquarters of Interpol, the international police organization. Another detective will be assigned soon to Germany, Mr. Kelly said. Mr. Kelly said the New York investigators and their British counterparts were also discussing other ongoing terrorism investigations but would provide no details. Sir John, in the interview, said the cooperation should be a model for a broader multinational counterterrorism intelligence agency that would allow nations around the globe to pool their information to address the growing terrorist threat, something he called a vital and ambitious undertaking. Copyright 2003 The New York Times Comp~ I Permissions [ Privacy Policy eSafe scanned this email for malicious content IMPORTANT: Do not open attachments from unrecognized senders 1/17/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@ear~hlink.net] Sent: Friday, January 17, 2003 5:25 AM To: update@nacole.org Subject: [NACOLE Update] NJ - S. Jersey troopers face new probes Posted on Fri, Jan. 17, 2003 S. Jersey troopers face new probes The force's chief said his investigators were looking into "shocking" allegations of racism and sexism. By Wendy Ruderman Inquirer Staff Writer State police investigators this week were dispatched to two South Jersey barracks to probe new allegations of racism and sexism on the force, trooper sources familiar with the probes said yesterday. Frederick H. Madden, acting superintendent of the New Jersey State Police, confirmed that an investigation was underway and described the accusations as "absolutely shocking." "I intend to take swift action to determine the veracity of the allegations," he said. In a sergeant's locker at the Tuckerton barracks in Ocean County, trooper sources said, internal affairs investigators found a T-shirt with the letters "LOD," referring to the Lords of Discipline, a secret society of troopers characterized by some minority and female officers as sexist and white-supremacist. At the Red Lion barracks in Southampton Township, Burlington County, investigators continue to probe allegations made late last month by Christopher Bastos, a Hispanic trooper who was sworn in last June. Bastos alleged that veteran troopers hazed him and made derogatory remarks. He also alleged that a male trooper watched pornography on the barracks television while a female trooper was present, sources said. "There is an internal investigation," Bastos said yesterday. "I can't answer any questions." No trooper has been charged in either investigation, sources said. The investigations come at a politically sensitive time for the state police. Gov. McGreevey is searching for a new leader for a force tarnished by scandal, including racial profiling lawsuits and the October departure of Superintendent Joseph Santiago. Santiago, on the job for seven months, was forced to leave amid allegations that he improperly ordered subordinates to turn over investigative files pertaining to him and his top staff and that he had ties to associates of an organized-crime family. The search for a new superintendent has reignited a debate about whether the next chief should come from within or outside state police ranks. Some minority leaders in the state have said only an outsider could change a state-police culture they believe is racially intolerant, while many troopers say a leader who had come up through the ranks would better serve the force. Madden, the acting superintendent, is seeking to retain the job. Some troopers grumbled yesterday that leaks about the investigations at Red Lion and Tuckerton were part of a campaign that troopers loyal to another candidate were orchestrating to sabotage Madden~s chances. The fresh allegations have reopened old wounds among troopers. In October, John Oliva, a trooper who had alleged that the Lords of Discipline harassed him because he refused to engage in racial profiling, shot himself to death. Oliva worked at the Woodbine station in Cape May County before going on stress leave in January 2001. 1 Another trooper, Kimberly Zollitsch, 39, is suing the state police on allegations of sexual harassment. Her 1999 lawsuit also alleges that the Lords of Discipline vandalized her locker and slashed the tires on her 1988 Ford Thunderbird. "They are never going to change," said Zollitsch, of Millville, who has been on sick leave from the Bridgeton barracks for three years. Bastos filed an internal complaint just before Christmas. He was moved from the Red Lion to the Netcong station in Morris County on Dec. 24, a state police document shows. Two weeks later, Madden transferred the three top commanders at the Red Lion station, according to a Jan. 8 personnel order. Lt. Jonny Hannigan, who had served as Red Lion station commander for two years, said yesterday that his transfer was unrelated to Bastos' complaint. He said he was aware that investigators were interviewing troopers at Red Lion, but he never saw or heard of any discrimination during his command. Bastos "never came to see me to indicate there was a problem at the station," Hannigan said. The force is struggling to overcome long-standing allegations of discrimination against minority motorists and minority troopers. After then-Attorney General Peter Verniero acknowledged that racial profiling "is real, not imagined," the state in 1999 signed a federal settlement, known as a consent decree, to address the problems. Court-appointed monitors in recent months have given the state police high marks for implementing nearly 100 changes aimed at rooting out discrimination. In July, the state agreed to pay $5 million to settle a race-discrimination lawsuit filed by 13 black state troopers. One of those troopers, Victor Cooper, said yesterday that the troopers who harassed him have yet to be punished. Contact staff writer Wendy Ruderman at 856-779-3926 or wruderman@phillynews.com. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 17, 2003 5:30 AM To: update@nacole.org Subject: [NACOLE Update] NC - Oversight is discussed in events celebrating the King Holiday 1/17 From the Raleigh News-Observer TRIANGLE FORUM: Michael Avery, NLG President-elect, co-author of "Police Misconduct," a widely used resource for families of victims of police misconduct, will hold a forum at noon today in the UNC Law School Rotunda in Chapel Hill. Avery will give an update on the status of civil liberties in the wake of the Bush/Ashcroft administration's response to Sept. 11. He will also invite further discussion of his recent article "Unreasonable Seizures of Unreasonable People: Defining the Totality of Circumstances Relevant to Assessing the Police Use of Force Against Emotionally Disturbed People." Free and open to the public. Questions: (336) 883-1721. GATHERING WITH AVERY: A discussion and socializing with Michael Avery, 6 p.m. today, The Know Bookstore, Fayetteville Road (across from N.C. Central University) in Durham. CONFERENCE: Martin Luther King conference on police misconduct, 1 to 4:40 p.m. Saturday, N.C. A&T State University in Greensboro. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink,net] Sent: Friday, January 17, 2003 5:31 AM To: update@nacole.org Subject: [NACOLE Update] Denver CO -Call for Public Hearing on Spy Files Rocky Mountain News URL: http://www.rockymountainnews.com/drmn/local/article/O,1299,DRMN 15 1680338,00.html Public hearings urged on 'spy files' Panel will consider request by activists concerned about cops By John C. Ensslin, Rocky Mountain News January 17, 2003 A group of activists Thursday night asked a Denver city conu~ission that investigates police misconduct to hold public hearings on the police "spy files." They received a sympathetic but noncommittal reply from the Public Safety Review Commission, whose chairman, Brian Muldoon, said the panel would consider the request and get back to them. "We're all in this together," Muldoon told members of the All-Nations Alliance, several of whom were themselves the subject of intelligence files that the city has ordered purged. Last March, the American Civil Liberties Union revealed that the Denver Police department's intelligence unit had been keeping files on political activists with no relation to any criminal activity. The revelation led Mayor Wellington Webb to appoint a three-judge panel to review files kept on about 3,200 individuals and groups. The judges recommended the department purge all of those files. Initially, Muldoon asked if the answers the group is seeking might better come from the federal lawsuit filed last year by the ACLU on behalf of several individuals and groups that were spied upon. But Douglas Vaughan said the suit affects only people whose files were released. Vaughan wants the commission to investigate reports that some officers in the intelligence unit were allowed to take files home rather than shred them. "Don't expect the ACLU suit to solve this problem," Vaughan said. Barbara Cohen asked the commission to investigate all the mistakes in the purged files that were released to people who were spied upon. She and her husband, Steve, both had files. She said her file mistakenly labeled her as a member of a motorcycle gang. His contained someone's else's picture. Normally, the commission reviews citizen complaints about police misconduct after they have been ruled on by the police department's internal affairs unit. Several in the audience urged the commission not to wait, however, saying they have been told that an internal affairs investigation would have to wait until the lawsuit is concluded. Former commission chairwoman Adrienne Benevidez urged the commissioners to take up the matter. "I don't think the PSRC should shy away from that," she said. ! Marian Karr From: Kelvyn Anderson [kelvyn_anderson@ea~hlink. net] Sent: Friday, January 17, 2003 5:35 AM To: update@nacole.org Subject: [NACOLE Update] UC Santa Barbara CA - Home searched, misconduct alleged www.dailynexus.com http://www.dailynexus.com/news/2003/4197.html Man Sends UC Vulgar Photos Culprit Accuses UCPD of Aggressive, Hostile, Unprofessional Search of Home by Jennifer B. Siverts - Staff Writer Friday, January 17, 2003 Some dirty faxes have led to the possible criminality of one man and an investigation into police misconduct. On June 10, 2002, two detectives from the UC Police Dept. served a search warrant at the Sierra Madre home of 38-year-old Sydney Potter. The UCPD obtained a search warrant for Potter's home after several obscene faxes were sent to fax machines on campus and to a fax machine at UC Riverside. Deputy District Attorney Greg Boller said Potter will be charged with 12 misdemeanor counts. Potter said he faxed the obscene material because of a late night telephone call he made to Chancellor Henry T. Yang's office in which he claims Yang was rude and said some derogatory things to him. He said he called the chancellor because he received a letter from the admissions office telling him to call an administrative office regarding his application. "It was an amazingly weird conversation, and [Chancellor Yang] was exceedingly rude," he said. "I said to him at one point, 'Maybe I ought to send you some pictures like this,' and he said, 'Why don't you go ahead and do that?'" A representative from the campus museum, who wishes not to be named, claimed to have received some of the obscene faxes, which consisted of a one-page biography of Yang and another page with nude pictures on it. Yang said that when they received the faxes, they immediately turned the situation over to the UCPD for investigation and have not dealt with the matter since. Although Potter will appear at the Santa Barbara County Court today to face his charge of 12 misdemeanor counts for annoying telephone calls, he is also awaiting a pending investigation into the conduct of the UCPD when they served the search warrant. Potter said the police violated his rights and therefore any items obtained can not be used as evidence against him. "The officers -- especially the one officer -- were very hostile, very aggressive and very unprofessional," Potter said. "[UCPD Sgt. Mark] Vellekamp said usually he'll tear a place apart at his discretion when he serves a search warrant." UCPD Capt. Bill Bean said the evidence obtained at Potter's home, which includes computer components and a fax machine, were recovered because the officers believed they were items used to co~tit the alleged crime. However, because Potter's official letter to the UCPD alleged misconduct, the UCPD has sent the complaint to the Santa Barbara Sheriff's Dept. so that it can handle an investigation into the incident. Among the complaints listed in Potter's letter to the UCPD, he alleges the two officers acted outside the scope of the original search warrant, violated his Miranda rights and used inappropriate force when entering his home. 1 Sierra Madre Officer Stephen Abernethy was at Potter's home when the UCPD conducted the search. He said that the officers did not act out of the warrant's scope, the officers were not hostile and that the officers did use force when they opened Potter's door, but only because he would not open the door after they announced who they were. Potter said he is surprised the incident has reached this level, and he thinks that both the university and the UCPD have taken it to far. "They rarely ever file cases like this," he said. "The first count that they originally charged me with didn't even stick, so they picked a broader, overzealous charge." Update mailing list Update@nacole.org http://nacole.org/mailman~listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 17, 2003 5:36 AM To: update@nacole.org Subject: [NACOLE Update] Portland OR - Complaints against police dropped last year Complaints against Portland police dropped last year Friday, January 17, 2003, 7:20 AM PORTLAND (AP) -- The Portland police department has been dogged by allegations of officer misconduct, but the number of complaints lodged against officers took a sharp drop last year. Data released by the department shows that 80 complaints were made last year. That a decline of 42 percent from the 137 complaints received in 2001. The reduction comes at a time when the Portland police are under intense scrutiny following a series of allegations involving use of excessive force. Chief Michael Chitwood says he thinks the drop in complaints is linked to changes instituted in the department over the past year. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink,net] Sent: Friday, January 17, 2003 5:38 AM To: update@nacole,org Subject: [NACOLE Update] Cooper City FL - State clears Cooper City police officers in teen fight This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id CHBBA6RL; Fri, 17 Jan 2003 08:39:37 -0600 Received: through eSafe SMTP Relay 1042685270; Fri Jan 17 08:41:42 200 3 Received: from localhost ([127.0.0.1] helo gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18ZXdR-0000yv-00; Fri, 17 Jan 2003 08:38:17 -0600 Received: from avocet.mail.pas.earthlink.net ([207.217.120.50]) by gamma.jumpserver.net with esmtp {Exim 3.36 id 18ZXYL-0000kM-00 for update@nacole.org; Fri, 17 Jan 2003 08:33:01 -0600 Received: from waldorf.psp.pas.earthlink.net ([207.217.78.20]) by avocet.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18ZXZR-0001TN-00 for update@nacole.org; Fri, 17 Jan 2003 06:34:09 -0800 Received: from [207.217.78.201] by EarthlinkWAM via HTTP; Fri Jan 17 0 6:34:09 PST 2003 Message-ID: <6143697.1042814049621.JavaMail.nobody@waldorf.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Cooper City FL State clears Cooper City pol ice officers in teen fight Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 17 Jan 2003 06:38:25 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org http://www.sun-sentinel.com/news/local/broward/sfl-scoopercopslTjanl7, 0,7= 421994.story?coll=3Dsfla-news-broward-20 State clears Cooper City police officers in teen fight By Vicky Agnew Staff Writer January 17, 2003 COOPER CITY =C3=82=C2=B7 An investigation into alleged misconduct by s eve= ral Cooper City police officers, including Chief Ed Werder and Assista nt - Chief James Ham, has cleared the officers of wrongdoing, the Broward Sta= te Attorney's Office said. The investigation ste~med from anonymous letters sent in June to local me= dia, the FBI and the State Attorney's Office -- but not the Cooper Cit y?= olice Department -- that said Harn had hit a teen who was fighting wit hh= is teenage son outside a fast food restaurant two months earlier.=20 The complaint also alleged a conspiracy by Werder in helping to cover up = the alleged assault. Werder learned of the allegations from the media and immediately calle df= or an investigation by outside agencies. Investigators with the Florida Department of Law Enforcement and the S tat= e Attorney's Office found that while Ham might have unintentionally h it = one or two of the teens in his attempt to reach his son and break up t he = fight, his behavior was not criminal. The teen Harn is accused of hitting, Daniel Snyder, told investigators he- Page 2 message.txt wasn't sure who had struck him, according to a report by investigator Snyder could not be reached for comment Thursday. "I just don't see any evidence of criminal conduct there," said Assist ant= State Attorney A1 Guttman. "FDLE did a thorough job looking into it." The investigation also revealed that the anonymous allegations were ma de - by Stephen Lopez, a recently fired Cooper City police officer. In a sw orn= statement, Lopez told investigators he had no firsthand knowledge of the= incident and had not spoken to anyone who was at the scene, the repot ts= aid. "The complaints were sent out to independent agencies for an impartial in= vestigation," Cooper City police spokesman Capt. Marvin Stoner said. " We = were confident that the proper results would come back, and we believe th= ey have." Vicky Agnew can be reached at vagnew@sun-sentinel.com or 954-385-7922. Copyright -C3=82=C2=A9 2003, South Florida Sun-Sentinel=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 3 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 17, 2003 5:42 AM To: update@nacole.org Subject: IN^COLE Update] US Dept of Justice - ex NM cop indicted for misconduct This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id CHBBA6RK; Fri, 17 Jan 2003 08:39:35 -0600 Received: through eSafe SMTP Relay 1042685270; Fri Jan 17 08:41:40 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp {Exim 3.36 #1) id 18ZXdU-0000z3-00; Fri, 17 Jan 2003 08:38:20 -0600 Received: from avocet.mail.pas.earthlink.net ([207.217.120.50]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18ZXcl-0000vK-00 for update@nacole.org; Fri, 17 Jan 2003 08:36:49 -0600 Received: from waldorf.psp.pas.earthlink.net ([207.217.78.20]) by avocet.mail.pas.earthlink.net with esmtp (Exim 3.33 %1) id 18ZXd7-00060T-00 for update@nacole.org; Fri, 17 Jan 2003 06:37:57 -0800 Received: from [207.217.78.201] by EarthlinkWAM via HTTP; Fri Jan 17 0 6:37:57 PST 2003 Message-ID: <6563416.1042814277594.JavaMail.nobody@waldorf.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset 646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] US Dept of Justice ex NM cop indicted for m isconduct Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 17 Jan 2003 06:42:16 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org =20 FOR IMMEDIATE RELEASE THURSDAY, JANUARY 9, 2003 WWW.USDOJ.GOV CRM (202) 514-2008 TDD (202) 514-1888 =20 FORMER RUIDOSO, NEW MEXICO POLICE OFFICER INDICTED ON CHARGES OF POLICE MISCONDUCT WASHINGTON, D.C.=E2=80=93 A former police officer with the New Mexico Rui= doso Police=20 Department was indicted today on charges of assaulting an individual i n t= he custody of the Ruidoso Police Department, the Justice Department an d t-- he U..S. Attorney for the District of New Mexico announced today.=20 The three count indictment, returned in U.S. District Court in New Mex ico= today, charges that in November of 2001 defendant Alfred Clyde Stinne tt - slammed Susanne DiPaolo, an individual in police custody, to her cell flo= or while she was handcuffed. The indictment also alleges that former p oli= ce officer Stinnett obstructed justice by submitting misleading inform ati= on to investigators and tampering with a witness.=20 DiPaolo, a runaway teenager, was arrested by the defendant and was der ain= ed in a Ruidoso police cell pending transport to a juvenile facility.= 2O Page 2 message.txt The charges against Alfred Clyde Stinnett are the result of an investi gat= ion conducted by the Federal Bureau of Investigation, the Justice Depa rtm- ent's Civil Rights Division and the U.S. Attorney's office for the Dis tri= ct of New Mexico. Prosecution of this case is being handled by trial a tto= rney Allison Jernow of the Criminal Section of the U.S. Department of Jus= rice, Civil Rights Division and Assistant U.S. Attorney for the Distri ct - of New Mexico, John Gallagher.=20 An indictment is merely an accusation and a defendant is presumed inno cen= t until and unless proven guilty. 20 03-006 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 3 Marian Karr From: Kelvyn Anderson [ke[vyn_anderson@earthlink.net] Sent: Saturday, January 18, 2003 3:38 PM To: update@nacole.org Subject: IN^COLE Update] RE: Portland Maine, not Oregon NACOLE List: The AP story from Friday's posting concerns PORTLAND MAINE, not OREGON sorry folks! -kelvyn From: "Hess, Mike" <mhess@ci.portland.or.us> To: "'Kelvyn Anderson'" <kelvyn anderson@earthlink.net>; <update@nacole.org> Sent: Friday, January 17, 2003 ~:44 PM Subject: RE: [NACOLE Update] Portland OR - Complaints against police dropped last year > This has to be Portland, Maine. It is definitely not Portland, OR, as > stated in the Subject line. Please let subscribers know this is a mistake. > > > ..... Original Message ..... > From: Kelvyn Anderson [mailto:kelvyn anderson@earthlink.net] > Sent: Friday, January 17, 2003 3:36 AM > To: update@nacole.org > Subject: [NACOLE Update] Portland OR - Complaints against police dropped > last year > > > Complaints against Portland police dropped last year > Friday, January 17, 2003, 7:20 AM > > PORTLAND (AP) -- The Portland police department has been dogged by > allegations of officer misconduct, but the number of complaints lodged > against officers took a sharp drop last year. > > Data released by the department shows that 80 complaints were made last > year. That a decline of 42 percent from the 137 complaints received in 2001. > > > The reduction comes at a time when the Portland police are under intense > scrutiny following a series of allegations involving use of excessive force. > > > Chief Michael Chitwood says he thinks the drop in complaints is linked to > changes instituted in the department over the past year. > > > Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January '19~ 2003 8:03 AM To: update@nacole,org Subject: [NACOLE Update] San Diego CA - 2 officers face wrongful-death trial in shooting of ex- linebacker 2 officers face wrongful-death trial in shooting of ex-linebacker By Marisa Taylor UNION-TRIBUNE STAFF WRITER January 18, 2003 Attorneys representing his family say two officers overreacted and unjustly shot him 12 times, including six in the back. The conflicting versions of DuBose's confrontation with police on July 24, 1999, emerged in San Diego federal court yesterday as the wrongful-death case brought by the DuBose family went to trial. The District Attorney's Office and the FBI concluded police misconduct did not lead to the shooting, but Brian ~atkins, the family attorney, portrayed the former linebacker as the victim Of two overly zealous cops. Watkins described DuBose, an All-American football star at Notre Dame who played four seasons for the National Football League's Tampa Bay Buccaneers, as relaxed and happy at the time of the shooting - a man unlikely to instigate a fight with police. DuBose, 28, simply was in the wrong place at the wrong time - falling asleep in a friend's bed after climbing onto her balcony to see the sunset when she wasn't home, Watkins said. He said the officers were immediately on the offensive when they arrived outside the Mission Beach apartment in response to a non-emergency call from the woman's roommate, who did not know DuBose. When DuBose tried to explain himself to the officers, they overreacted by macing him, beating him with nunchakus and then shooting him, Watkins contended. He told the jury he had proof that DuBose was bent over and defenseless when he was shot. "Demetrius never charged these officers that day," Watkins said. "The sad fact is that when most of these shots hit Demetrius, he was falling down." Just as Watkins was describing DuBose's bullet-riddled body and punctuating his statements by mimicking gunshots, DuBose mother ran out of the courtroom sobbing. Jacqueline DuBose-Wright returned minutes later, after regaining her composure. Later yesterday morning, Francis Devaney, a deputy city attorney, launched into his defense of the city and the officers, Timothy Keating and Robert Wills. He attacked the family's version as misleading and inaccurate. The officers plan to testify that Du~ose was uncooperative when they responded to what they thought was a burglary. Devaney said they believed DuBose was dangerous because he appeared high on PCP, a drug known to make users aggressive. According to the officers, DuBose became confrontational and then fled when they tried to handcuff him. The officers said they tried to tackle him as he ran, but DuBose threw them off his back. When the officers caught up with him, Devaney contends, DuBose wrested the officers' nunchakus from them and lunged toward them, prompting the officers to fire. Devaney plans to introduce ballistic evidence, which he said shows the officers fired the first several shots when DuBose was charging. "Like the linebacker he was, he bent at the waist and he came at these men," Devaney said. "They fired. They had no choice. They feared they were about to die." The trial's first phase, to determine whether the officers should be held liable for the shooting, is expected to last six weeks. If they are found liable, the jury then would consider damages. But jurors might never hear certain details about DuBose and the officers. 1 Although supporters of the family continue to believe the confrontation was race-related, the family's attorneys have agreed not to raise race as a motive in the shooting of DuBose, who was black. Instead, they hope to tell the jury about prior assault allegations made in a civil case against Officer Wills now on appeal. In December 2001, a jury awarded a San Diego firefighter more than $400,000 after finding he was falsely arrested and beaten by Wills during a confrontation in Pacific Beach in 1999. The firefighter, a triathlete, said he was attacked while training on his bicycle. The City Attorney's Office argued at trial that he picked a fight by being uncooperative with the officer. Devaney has fought against allowing the case to be mentioned. He has made his own request to reveal information that could be damaging to the plaintiff's case: a toxicology report that found cocaine, alcohol and the drug Ecstasy in DuBose's system. The DuBose family attorneys have argued that the results are irrelevant because they did not show he was high at the time of the shooting. Devaney also has tried to persuade the judge to allow jurors to hear about DuBose's legal entanglements, including a misdemeanor criminal mischief conviction resulting from a brawl. For now, neither side has gotten its way. U.S. District Judge James Lorenz said he may revisit the requests later. Testimony is scheduled to begin Wednesday. Marisa Taylor: {619) 293-1020; marisa.taylor@uniontrib.com Find this article at: http://www.signonsandiego.com/news/metro/20030118-9999 2mlSdubose.html Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 19, 2003 8:09 AM To: update@nacole.org Subject: [NACOLE Update] Durham NC - Judge alleges racial profiling by state trooper b~ogo.gif Quotes from the past week's news: "Trooper Carroll's misconduct undermines the very core values of our judicial system and undermines the integrity of our court system." -- Superior Court Judge Orlando Hudson, about what he called racial profiling by state Trooper Clinton J. Carroll in stopping Latino motorists. "We have the same information the judge did, but we did not come to the same conclusions. Trooper Carroll did not stop any of these people based on race. He based his stops on clear-cut, substantial violations of the law." -- State Highway Patrol Sgt. Everett Clendenin. (RECENT STORY RE THESE ALLEGATIONS) -kelvyn Durham judge takes aim at trooper again Hudson contends officer motivated by bias, not facts Originally published in: The Herald-Sun Thursday, January 09, 2003 Edition: Final Page: A1 BY JOHN STEVENSON jstevenson@heraldsun.com; 419-6643 Durham's senior judge has taken yet another verbal slap at State Trooper Clinton J. Carroll, who he said last year improperly used ethnic profiling to target Hispanic drivers for DWI citations. Superior Court Judge Orlando F. Hudson concluded in a new written order that Carroll lied when he said he stopped one Hispanic motorist, Juan Villeda, for failure to wear a seat belt in August 2001. Villeda was charged with drunken driving after the stop and later was convicted. In his new order, Hudson said Carroll's statement about the seat belt was "incredible," because the trooper would have been unable to see inside Villeda's car while patrolling Hillsborough Road at night. In fact, Carroll previously admitted he could not see inside vehicles on that stretch of road at night because light "glares off the windows like a mirror," Hudson noted. And if Carroll could not see whether Villeda was wearing a seat belt, he had no valid constitutional reason to stop Villeda in the first place, the judge said. "Trooper Carroll's misconduct undermines the very core values of our ! judicial system and undermines the integrity of our court system," Hudson wrote. But Highway Patrol spokesman Sgt. Everett Clendenin said Wednesday he believed in Carroll's truthfulness. "We stand behind Trooper Carroll," he told The Herald-Sun. "We don't believe there is a truthfulness issue involved in this. We also still don't think there was racial profiling. We feel Trooper Carroll was doing his duty to make the highways safer and remove dangerous motorists." However, Clendenin said the Highway Patrol is "revisiting" an internal investigation that was conducted last year resulting in Carroll's exoneration on the profiling allegations. According to Clendenin, a new report has been submitted to the Highway Patrol's legal staff and to Col. Richard Holden, the Patrol commander. Based on findings drawn from the report, another full investigation of Carroll will be opened or the case finally will be put to rest, Clendenin said. In September, Judge Hudson threw out Villeda's DWI conviction after finding that Carroll used ethnic profiling in many of his traffic stops. Research by Durham defense lawyers indicated that, between January 2001 and March 2002, 71 percent of 42 DWI citations issued by Carroll went to Hispanics. The Highway Patrol's own statistics showed that, during a shorter 12-month period, 75 percent of Carroll's DWI arrests involved Hispanics. "It's very clear that he reserves DWI tickets and arrests for Hispanics because of his prejudice," Assistant Public Defender Scott Holmes said of Carroll during a September court hearing. "Trooper Carroll's stops were motivated solely or primarily by race," Holmes added. "It is wrong to use race as a proxy, race as a stigma for an entire group. Trooper Carroll had that bias. He used 'Hispanic' as a shorthand for 'drunk.' That's impermissible. We cannot say for an entire group that they have a propensity for committing crime." There was evidence during the September hearing that, according to his own admission, Carroll stopped at least one driver simply because he was Hexican. In addition, Carroll said he believed Hispanic drivers are more prone than others te drink and drive, the evidence showed. District Attorney Jim Hardin Jr. said this week that the outcome ef the Villeda case will not lead him to autematically dismiss DWI charges against other Hispanic drivers stopped by Carroll. He said defense lawyers for the other drivers will have to mount their own cases individually. Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 19, 2003 8:12 AM To: update@nacole.org Subject: [NACOLE Update] Jersey City NJ - Ex-Officer charged in theft plot Ex-officer charged in theft plot Saturday, January 18, 2003 By Michaelangelo Conte Journal staff writer State officials have charged a former Jersey City police officer with conspiracy and official misconduct following an investigation into his alleged use of stolen or fraudulent credit cars to buy high-priced merchandise, officials said. Charles Sampson, 56, of Jewett Avenue, was also charged by a state grand jury with receiving stolen property, two counts of tampering with a witness, and two counts of attempting to hinder apprehension or prosecution, said Vaughn McKoy, first deputy director of the New Jersey Division of Criminal Justice. The indictment alleges that between April and December of 2000, while still a police officer on duty, Sampson conspired with another individual to obtain merchandise such as a DVD recorder and a television using stolen credit cards. Sampson surrendered himself to law enforcement official yesterday. If convicted, Sampson faces up to 25 years in prison and fines of up to $300,000, McKoy said. Copyright 2003 NJ.com. Ail Rights Reserved. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 19, 2003 8:19 AM To: update@nacole,org Subject: [NACOLE Update] Camden NJ - Former Camden detective admits overstating overtime Saturday, January 18, 2003 Former Camden detective admits overstating overtime Courier-Post staff CAMDEN NJ A former Camden police detective who was a bodyguard to former Mayor Milton Milan pleaded guilty Friday to three counts of theft by overstating his overtime. Miguel A. Torres, 32, will be permitted to remain on house arrest while completing a 364-day sentence under a plea agreement. That agreement, between Assistant Camden County Prosecutor Joel Aronow and defense attorney Dennis Wixted, also requires Torres to make $9,000 in restitution, covering wages he did not earn. He also must forfeit his right to future public employment. Superior Court Criminal Presiding Judge Linda Baxter set a Feb. 7 sentencing date. Torres, of the 200 block of Maple Avenue, Mantua, admitted filing false time sheets between June 10, 1997, and Nov. 5, 1999. A second officer charged in the same scheme, Rolando Santiago, has rejected plea offers and is awaiting trial on charges of official misconduct, theft and falsifying records. Santiago, 36, of Edgewater Court, Gloucester Township, was a Camden police officer for eight years before being suspended in February 2001. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [keIvyn_anderson@earthlink.net] Sent: Sunday, January 19, 2003 8:28 AM To: update@nacole.org Subject: [NACOLE Update] Lynchburg VA - Feature on Cops & Cameras newsadvance8Ox60 gJf Jan 17, 2003 Camera provides officer's eye view of crime By Christie Chapman / The News & Advance Because ef an objective point ef view, a detailed memory, credibility in the courtroom, the ability to stealthily observe from a distance - in many situations, a police officer's best friend can be the video camera mounted inside his vehicle. The Lynchburg Police Department recently received a $4,200 donation to add another complete in-car camera system to one of its police vehicles, said Capt. Eugene Wingfield. There are currently in-car cameras by Mobile Vision in 16 of about 45 marked cars used by the department. The one-time nonprofit group that raised funds and produced the "Celebrate America: Let Freedom Ring" concert and patriotic celebration on Sept. 11 gave away more than $25,000 in leftover donations to local charities and organizations, including the Lynchburg Police Department. Police said they are looking forward to installing more cameras in police vehicles with the help ef grants. Investing in devices that can protect officers is an appropriate use of funds from the Sept. 11 memorial event, said Police Chief Charles Bennett. "So many firefighters lest their lives on Sept. 11, 2001, but many police officers died, too," Bennett said. "There were 72 New York City police officers who were killed. I think this is a fitting way to spend some of the money." In-car police cameras have cut down on crime, he said. "They're preventive; suspects knew they're being watched, like the surveillance cameras in retail stores," Bennett said. Police officers also knew they are on tape. "This is a way to ensure that people are doing what they're supposed to be doing," he said. Bennett and other officers list a variety of benefits to having a system installed in a police vehicle. "The tapes are cempelllng evidence in court," Bennett said. "They've protected against allegations ef misconduct a number ef times." "The jury loves it when we have a tape," said patrol officer John Hoisa. "Sometimes the judge will throw the case out ef court." The camera can also swivel to record what is happening inside the car. ! "It can protect us from liability if, for example, a suspect beats his head against the glass (separating the front from the back seats), he can't claim that an officer abused him," Moisa said. Other uses include monitoring trainees and recording crime scenes. "If an officer is at a crime scene and needs a video camera, he can use the camera in the car," said Capt. Andy L. Vest. Moisa said the cameras can also be used for surveillance - the zoom function allows an officer to visually swoop in on a suspect from several blocks away. While the camera systems are handy and keep the department up-to-date, the death of a Pittsylvania County officer in May was a devastating indicator of another way that in-car cameras can help. In May, an officer in ?ittsylvania County was shot and killed after he stopped a driver about a mile outside of Danville. The shooting of Deputy Frankie Lynn Betterton shook many in the area. Betterton's colleagues in the sheriff's office handed the investigation over to state police in part "because of the emotional part of (the incident}," Sheriff Harold Plaster said at the time. After his death, Betterton's family requested that the county install in-car cameras in the more than 50 sheriff's office patrol cars. The county's Board of Supervisors is currently reviewing bids from companies to install the systems. Some who watch "Cops" and televised high-speed car chases may be absorbed with the action on screen and forget about the in-car cameras that make such voyeurism possible. If you were a police officer patrolling in a car equipped with a camera, you would wear a small "body mike" clipped onto or in the pocket of your clothes. The camera, located toward the top of the windshield, pivots and zooms in for a range of views. A small screen, also near the top of the windshield, displays the date and time of whatever is recorded. The camera automatically begins recording when the vehicle's flashing lights are turned on, except in the case of a routine traffic stop and other lower-danger activities when only the flashing lights in the back of the vehicle are turned on. But during a routine traffic stop, if a suspect becomes violent, an officer can turn on a switch on the body mike - an amber light lets the officer know the camera is on - and the camera begins recording. The tape is housed in a locked box in the trunk. "The tape box is kept under lock and key to secure the integrity of the tape," Moisa said. "Only a supervisor can unlock it." Used tapes are stored in a locked room at the department's headquarters on Court Street. Filled tapes that do not contain valuable information are reused. Contact Christie Chapman at cchapman@newsadvance.com or (434) 385-5531. This story can be found at: http://www.newsadvance.com/news/archive/MGBIJHLY2BD.html Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 19, 2003 8:35 AM To: update@nacole.org Subject: [NACOLE Update] Nation - Ashcroft defends Civil Rights Record spacer.gif Ashcroft defends civil rights record at HLK event From Terry Frieden CNN January 17, 2003 WASHINGTON (CNN) --One day after the Justice Department urged the Supreme Court to reject a affirmative action plan, Attorney General John Ashcroft Friday avoided the subject in a civil rights address honoring the memory of Hartin Luther King Jr. "More eloquently than any attorney general before or since, Dr. Hartin Luther King spoke of making justice -- quote -- ~a reality for all God's children,' "Ashcroft told a gathering of civil rights lawyers and supporters at the Justice Department. "From the first days of our a~inistration, honoring the diversity of the American people has been a priority for President Bush and for me," Ashcroft said. "And I am pleased te be able to say that never before in history has there been a more diverse and more qualified team of presidentially appointed leaders here at the Justice Department," Ne said. The largely African-American crowd of Justice Department employees responded with restrained but polite applause. While avoiding mention of the Justice Department's position on the potential landmark University of Michigan affirmative action case, the attorney general strongly defended the two-year record of his Civil Rights Division. Ashcroft said his department was eradicating police misconduct, and he cited the settlement to end excessive police force in Cincinnati following racial unrest. Ashcroft pointed to settlements of long-running desegregation cases in Mississippi and Yonkers, New York, as evidence of a con~itment to reduce barriers to quality education for all children. The attorney general praised his civil rights prosecutors for taking a tough stand against hate crimes aimed at Muslim citizens in the wake of the September 11, 2001 attacks. He said 390 investigations of possible hate crimes had been opened since. And Ashcroft said his department is actively protecting the access to and integrity of elections in the United States, shown by the hundreds of federal observers sent to Florida and other potential trouble spots at polling stations last November. "The strong presence and commitment of Department of Justice ! officials resulted in a smooth election with far fewer complaints than have been reported in recent years," Ashcroft said. Although Ashcroft's African-American Deputy Larry Thompson was not present, Assistant Attorney General Ralph Boyd, the African American leader of the Civil Rights Division participated in the ceremonies marking the MLK birthday. The Justice Department and other federal agencies will be closed Monday in honor of the civil rights leader's birthday. Find this article at: http://www.cnn.com/2OO3/LAW/O1/17/ashcroft.mlk Marian Karr From: Maya Harris West [mharris@policylink.org] Sent: Monday, January 20, 2003 8:47 PM To: Update@nacole.org Subject: [NACOLE Update] complaint intake Is anyone aware of any cities/states that require (by law, police department policy, or otherwise) that there be at least one site that is not inside the police department and/or net staffed by police personnel for the intake of resident complaints of police misconduct? As I recall, the city ordinance that established the Minneapolis CPRA had such a requirement. I'm wondering if anywhere else has a similar mandate, particularly in places that don't have a formal mechanism for citizen oversight. Haya Harris West PolicyLink 101 Broadway Oakland, CA 94607 phone: 510/663-2333 ext.323 fax: 510/587-1123 email: mharris@policylink.erg <mailto:mharris@policylink.org> visit our website: www.pelicylink.org <http://www.policylink.org> Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 8 Marian Karr From: Suelqq@aol,com Sent: Tuesday, January 21, 2003 12:01 AM To: Update@NACOLE,org Subject: [NACOLE Update] Under the Gun: San Diego Confronts Shootings by Police, Pt 1 Under the gun San Diego police confront issue of shootings by officers, among the highest in state, nation Stories by David Washburn, David Hasemyer and Mark Arner Sam Diego Union, Staff writers January 19, 2003 First of two parts San Diego police shot 15 people last year, killing six, reinforcing the department's spot near the top of state and national lists of officer-involved shootings. Those shootings - the most since 1997 - have forced police to once again confront a serious issue that can outrage communities, shatter officers' lives and prompt suspicions that the department harbors trigger-happy cops. In the 12 years from 1990 through 2001, San Diego police shot 151 people. They killed 81 - more per capita than officers in 14 of the state's 20 largest police agencies, more than those in Los Angeles, San Francisco and Sacramento, according to a San Diego Union-Tribune analysis. The department ranks high among large metropolitan forces nationwide as well, according to studies and experts on police shootings. 'Tve racked my brain, but I'm still not sure why it occurs," said Jerry Sanders, a former San Diego police chief. "Is there a uniqueness to San Diego that causes it? I can't imagine that we are that much different than any other city in California." Police Chief David Bejarano said the department, the 14th-largest in the country, has gone to great lengths to reduce shootings, including setting up review boards, empaneling task forces and identifying internal problems. Among the problems: Too little training in defensive tactics and the use of nonlethal weapons, leading officers to choose guns first in confrontations. Spending on nonlethal weapons has increased in recent years, but their use has declined. Lack of understanding in how to best handle a situation involving a person who is mentally ill. In the past three years, nearly half the people shot by officers had documented mental, health problems. A small number of officers involved in a disproportionate number of shootings. Twenty-nine officers were responsible for almost one-third of all officer-involved shootings from 1990 through 2001. The Police Department has spent money and made changes, which have led to some improvements. Shootings are down significantly from 1990, when officers shot 27 people, 12 fatally. Still, a year doesn't go by in the nation's seventh-largest city without shootings that infuriate the public and spark calls for reform and harsher punishment of officers. An officer-involved shooting is a rare event, especially considering police come in contact with city residents more than 1.5 million times a year. But in large cities, shootings are inevitable. A routine traffic stop can turn violent. A confrontation with a seemingly harmless transient can escalate. Today the streets are as perilous as ever, Bejarano said, Every day, officers deal with narcotics, mental illness and a more heavily armed citizenry. For example, almost two-thirds of the people shot and killed by officers from 1990 through 2001 had alcohol or drugs, primarily me!hamphetamine, in their system. 1/21/03 Page 2 of 8 "People are more willing to confront law enforcement," Bejarano said. "Twenty years ago, if you got into a similar situation, they would drop their weapons and surrender. We're not seeing that (now)." Experts on this issue acknowledge the difficulties, but they say other large departments in similar circumstances don't have as many shootings. "From a lot of perspectives, they have done a good job" in San Diego, receiving national attention for such things as their studies of in-custody deaths and racial profiling, said Leu Reiter, a former assistant chief in Los Angeles who has testified in hundreds of lawsuits over shootings, including some locally. "But they have had a lot of controversial shootings." Training criticized Critics, and some within police circles, point to deficient training. They say that too often an officer will turn to his gun before considering other options. And, they say, too often an officer's own actions may create the need for deadly force. Sanders blames an emphasis on using firearms first for the high number of shootings in the late 1980s and early '90s. That was a time when the Police Department's officer mortality rate rose to among the highest in the nation. The department overreacted, the former chief said. "The chiefs had not paid much attention to the training," Sanders said. "We had g/'oups of trainers who were convinced that officers were going to be killed left and right. It set a lot of people on edge, including command staff and officers." By the mid-1990s, the police academy had moved away from the gun-first focus and was teaching more defensive tactics and nonlethal options, Sanders said.. Today's trainers say the requirements still are not as balanced as they should be. San Diego police officers are recertified on the firing range for guns every three months, but they go as long as two years between certifications for beanbag shotguns and defensive tactics, said Marc Fox, a trainer at the county's regional police academy. "We have to teach them in a very short period of time the survival skills and split-second decision-making on the appropriate level of force," Fox said. He estimated that 80 hours are spent on defensive tactics. "It is not nearly as much (training) as people think," he said. Academies in other areas put a stronger emphasis on defensive maneuvers. Police in San Francisco, which ranks 10th in per-capita police shootings in the state, get more than 100 hours of defensive-tactics training. Bejarano said San Diego's department plans to require that officers be certified in defensive tactics three times a year. Fox, Sanders and other experts say training cannot overcome the post-Rodney King mind-set of many officers when it comes to subduing suspects. Simply put, they don't want to end up on someone's camcorder. "Everybody is afraid to go hands-on," Fox said. "People are so afraid of possible litigation." Sanders said the fear is compounded among younger officers who have the impression that "they would get in more trouble from (internal affairs) for using unnecessary (hands-on) force than if they shot someone." Officers with this mind-set, who are reluctant to get physical early in an encounter, are more likely to lose control of the situation and use their gun, the experts say, especially in dealing with mentally ill people. "Many of the recent cases involved mentally ill people using an improvised weapon," Fox said. "A big problem is teaching the officer to make the right decisions in those situations. It is not against the law to be crazy." Nonetheless, Fox and others say that then-Gev. Ronald Reagan's emptying of the state's mental institutions a generation ago and the prevalence of narcotics have combined to overwhelm officers, who are not social workers. 1/21/03 Page 3 of 8 "As far as I can tell, the biggest provider of mental health services in San Diego County (is police agencies)," former San Diego District Attorney Paul Pfingst said. "That's not the way it ought to be. It puts the mentally ill at risk. It puts the officers at risk. It puts a community at risk. It's a profound problem." The academy provides 10 hours of communication training, Assistant Chief Bill Maheau said. Also, a year and a half ago, each patrol officer had about 16 hours of training in communicating with the mentally ill, Maheau said. Departments across the nation have taken it further. In Memphis, Tenn., for example, officers train for 40 hours in dealing with the mentally ill. Karen Luton, executive director of the Mental Health Association in San Diego, sees the Police Department's efforts as a good start. "Training in this area has to be improved," she said. "It takes a special understanding of mental illnesses to effectively deal with these people, especially when someone is highly psychotic." No guarantees Even the most extensive communication training, however, will not guarantee success with a mentally ill person who appears to pose a danger, Maheau said.. "Give me the magic words and I'll teach them to all my officers tomorrow," he said. The department says it is focusing on nonlethal options to deal with the mentally ill. Every officer is now equipped with a Taser, and there is a beanbag shotgun in every patrol car, Bejarano said. He added that San Diego officers will soon have more police dogs - 54 by January - than any other department in the nation. Despite this increased spending on equipment and canine teams, San Diego Police Department records show use of nonlethal force has declined in recent years. The deployment of canine teams dropped 30 percent between 1995 and 2001.. Beanbag guns have been used only 20 times by 1,500 patrol officers in the three years the weapons have been available. They were fired 10 times in 2000, five times in 2001 and five times last year, records show. Bejarano said he does not know why canine teams and beanbag guns are being used less, while the number of officer- involved shootings increased last year.. "It is possibly related to a decline in crime during the past decade, which has caused a decline in calls for use," he said. Crime did drop during the mid-to-late.1990s, but locally it has been increasing over the past 18 months. Maheau said the learning curve for some nonlethal options can be steep, and many officers are reluctant to use them when there might be seconds between life and death. "In the perfect world, we have all of those options right there at that moment and we can still utilize them," Maheau said. "It's pretty hard for one guy, though, if he is standing in an alley at 3 in the morning." But what is that officer doing alone in an alley at 3 a.m.? Many critics say officers contribute to the scenarios that lead to deadly force. "Contrary to popular belief, most situations don't start at the highest level of force," Fox said. "They happen because of ineffective techniques at the lower level." William Geller, a national expert on police shootings, said the best way to determine whether officers are making the right decisions on the street is to compare officer-involved shootings with the city's homicide rate. "A community with a lot of homicides is going to be a more violent community, and the cops will be put in more situations where they will have to chose to shoot or don't shoot," said Geller, who wrote "Deadly Force: What We Know.." San Diego police don't measure up well in this regard. The department had the third-highest ratio of police shootings to homicides in the Union- 1/21/03 Page 4 of 8 Tribune's study of 20 California police agencies from 1990 through 2001. It had the second-highest in The Washington Post's study of the largest departments nationwide. That study, published in 2001, showed San Diego officers shot and killed more people per capita from 1990 through 2000 than police in 40 of the 50 largest metropolitan areas nationwide, more than officers in New York, Philadelphia and Dallas. Sanders said the department's relatively small force plays a role in shootings. Most officers patrol alone. "The officer is caught in the middle," Sanders said. "His life is on the line and he probably doesn't have a partner." San Diego has 1.6 officers for every 1,000 residents. That's less than in Los Angeles, Oakland and San Francisco. However, it is more than in San Jose and Sacramento, where officer-involved shooting rates are lower. Multiple inquiries In San Diego, five separate inquiries follow each shooting by an officer. It first is analyzed by the homicide unit, then the internal-affairs division and the department's shooting review board. After the Police Department concludes its investigations, the District Attorney's Office and the citizens' review board each review the shooting. The sole document made public from those investigations is the district attorney's summary and the DA's decision whether to prosecute. Only once since 1990 has the district attorney filed charges against an officer for a shooting in the course of his work. In that case, the jury acquitted San Diego police Officer Christopher Chancy after just 10 minutes of deliberations. The reason criminal charges are rarely pursued is simple: As long as an officer can demonstrate actual or perceived danger to himself or someone else, the shooting is generally found to be justified. "You cannot attribute criminal responsibility to (peace officers) for doing what they were trained to do," Pfingst said. That is the rub, say Reiter and others who study police shootings. Some off~cers, armed not only with a gun but also with the knowledge that their actions will probably go unpunished, take things too far. Bejarano refused to divulge the number of officers disciplined after shootings since he took over as chief. The only public documents that disclose discipline are Civil Service Commission records, which are created when an officer appeals. Since 1990, two officers filed civil service complaints contesting their dismissal after a shooting. Department officials say that on the whole, San Diego officers show restraint, and that the department goes beyond the call of duty when it comes to investigating a shooting. "We get a million and a half calls a year, and people call the cops when it is an escalated situation," Maheau said. "By far and away the majority of the people we contact and have violent confrontations with, we walk away from without firing a weapon." Researcher Michelle Gilchrist contributed to this report. Shots fired A question of force - Dealing with multiple shooters has been a 'huge' issue, former San Diego chief says Story by David Washburn, David Hasemyer and Mark Arner Staff writers January 19, 2003 The sign next to John Cain's desk read: "There is no hunting like the hunting of a man. And those who have hunted armed men long enough, and like it, never care for anything else thereafter." 1/21/03 Page 5 of 8 In early 1990, Cain shot and killed a man on 12th Avenue in San Diego. Seven months later he killed again, in Ocean Beach. He fired shots at a man in 1993, but missed. Cain's supervisors described him as difficult to control. His psychiatrist said he was overtly fixated on death. John Cain was a San Diego police officer. He was among 29 city cops involved in more than one shooting between 1990 and 2001. Those officers were responsible for almost one-third of the 151 officer-involved shootings during those years, according to an analysis by The San Diego Union-Tribune. The probability that a single officer among about 1,500 on the streets of San Diego would have been involved in two shootings over that time was less than 1 percent. But beating the odds is not unusual in San Diego or elsewhere. "All the studies show that a small group of officers are involved in a disproportionate amount of shootings," said Leu Reiter, a former assistant chief in Los Angeles and an expert on officer-involved shootings. The Christopher Commission, created in Los Angeles after Rodney King's beating provoked race riots in 1992, found that 183 officers out of a force of more than 9,000 had four or more complaints against them for shootings or other allegations of excessive force. "There are some officers with a quick trigger," said Ed Miller, who was the first district attorney in San Diego County to investigate police shootings. San Diego Police Chief David Bejarano said many factors, particularly an officer's beat, determine how often he or she uses deadly force. "1 can't think of any (police) agency that would allow an officer who is trigger-happy to operate in the field. Certainly not here," Bejarano said. Jerry Sanders, who was chief from 1993 to 1999, said dealing with multiple shooters was a "huge" issue in the department throughout the 1990s. He said the vast majority were good cops who worked dangerous beats; a small number were quick to draw. The department worked very hard to weed out those officers, he said, but added it was difficult to take action against them because virtually all shootings are ruled legally justified by the district attorney. A 1998 study by Human Rights Watch found that most police departments nationwide do not take sufficient action against officers repeatedly accused of excessive force. And experts argue that departments often do not find patterns in officer behavior because they are not looking for them. "In general, police departments don't do a good job of stepping back and finding the problematic patterns within shootings," said Bill Geller, an expert on police shootings who wrote the 1992 book "Deadly Force: What We Know." "They consider it a victory if they can fend off the liability in individual cases." The state penal code shields an officer's disciplinary record from public view. However, court files show that at least 10 of the department's multiple shooters have been sued, some over allegations of brutality and racism. Officer Timothy Keating and his partner, Robert Wills, faced those accusations after they shot and killed Demetrius DuBose in Mission Beach three years ago. DuBose, a former National Football League linebacker, was shot 12 times, including five times in the back, after going at the officers with their nunchakus. The DuBose family sued, and the trial is underway in federal court. Two years before shooting DuBose, Keating shot a man in Pacific Beach who ran out of his house wielding four knives. Shot after traffic stop In a separate incident, Officer Alonzo Alexander shot a man who was trying to drive away affer a traffic stop Feb. 26, 1996. 1/21/03 Page 6 of 8 Alexander was standing on the driver's side, his partner on the opposite side. As the driver revved his engine, Alexander fired at the truck, wounding the driver. Six weeks earlier, he had been among several officers who had shot an armed kidnapping suspect. With Alexander on that traffic-stop shooting was Officer Michael Shiraishi. In 2000, Shiraishi was among five officers who shot and killed a homeless man wielding a 4-foot stick. In an unusual move, District Attorney Paul Pfingst criticized the officers' actions in that confrontation. Although he determined the shooting to be legally justified, he wrote that "apparently, tactical decisions were not effectively communicated." Reiter says it goes beyond communication and tactics. "It is their mind-set," he said. "There are some who think that is the way police work is. You have to reorient them." Some officers walk onto the job with this attitude, Reiter said. In other cases, an officer's mind-set is changed once on patrol. That's when Officer Daniel Coburn made up his mind to never be slow on the draw. In November 1993, Coburn and his partner, Duane Malinowski, confronted an armed car thief. In the struggle that followed, Malinowski ended up shooting and wounding the suspect. Coburn never unholstered his gun. Coburn swore he would be ready the next time. "He later said he was troubled by his failure to draw his weapon in the face of what he considered to be the threat of deadly force by a suspect," a report said of Coburn's distress in the days after the confrontation. Five weeks later, Coburn shot and killed a suspected car thief who had rushed at him. The officer said he thought the man was armed. He was not. Coburn resigned from the department in 1998 after pleading guilty to stealing computer equipment from a company on his patrol beat. 'Early-warning system' Police have long had to deal with "problem officers." In 1981, the U.S. Commission on Civil Rights recommended that all police departments create an "early-warning system" to identify officers "who are frequently the subject of complaints or who demonstrate identifiable patterns of inappropriate behavior." These days, early warnings usually take the form of databases that contain information on officers ranging from their punctuality to the number of civilian complaints against them. Departments are supposed to identify problem officers before they get into serious trouble on the streets. A 1999 survey by the National Institute of Justice showed that 27 percent of police departments serving populations of more than 50,000 had systems for early warnings. San Diego's was not among the 27 percent. Developing a system was among the recommendations of the city's Use of Force Task Force, which was established after the DuBose shooting. Officials say they recently received a $125,000 grant and could have a system in place this spring. The San Diego County Sheriffs Department, in cooperation with the county's Citizen's Law Enforcement Review Board, implemented a $30,000 system last spring. Police Department officials say they welcome any tool that will help them manage their force. However, they maintain that the vast majority of multiple shooters are victims of circumstance, not problem officers. In any major city there are pockets with high rates of violence, Bejarano said. "In those areas there is a higher probability that the officer would be placed in a situation where deadly force has to be used," he said. Officer Steven Staten considers himself one of those cops. Staten instinctively pulled his gun when he and his partner came upon an angry, out-of-control man who was running at 1/21/03 Page 7 of 8 cars at Aero Drive and Murphy Canyon Road on Feb. 15, 2001. But once he saw that the man, Gerald Tate, was unarmed, Stanton holstered the gun and tried to subdue him with pepper spray, and then his baton. Neither seemed to faze Tate, who pummeled Staton to the ground and went after his partner, Robert Adams. Staton saw Adams go limp after a kick in the head. That's when Staton got up, drew his gun and fired a single shot, killing Tate. Three months later, Staton made a traffic stop on northbound Interstate 805. The driver, Marlo Merino, got out, pulled a pistol and fired three shots at Staton's back that were stopped by his bulletproof vest. Merino ke ~t attacking and Staton fired eight times, killing him. "1 can't tell you the number of times I could have shot someone and didn't," Staton said recently. "There have been dozens of times in the past three years." Officers taken off street When a San Diego police officer is involved in a shooting, he or she is usually taken off patrol, given a psychological evaluation and put on paid "administrative duty" until the homicide investigation is finished. If the homicide investigation finds no criminal behavior on the officer's part, he or she is returned to patrol. The investigation usually concludes in 30 to 60 days. "You have to take a look at each incident and do a detailed analysis, and obviously we have," Bejarano said. "And I'm not aware of any pattern." Pattern or not, dealing with the perceptions about officers who are involved in more than one shooting is a vexing issue, Sanders said. "It was something we wrestled with all the time," the former chief said. "We went over and over those cases." Sanders said the quick answer would be to transfer an officer to a slower division until things "cooled down." "And that is very hard to do," Sanders said. "If (an officer) is in a high-activity division and doing a good job, he is seen as a leader. To take him off an assignment when he didn't do anything but protect himself or someone else, it is very hard for him." Bejarano acknowledged that officers, on "rare" occasions, have been assigned to other parts of the city after multiple shootings. San Diego lawyer Michael Marrinan, who has sued the department on behalf of several victims and their families in the past decade, said most San Diego police officers are good ones, in his experience. But he says that when it comes to problem officers, the department too often chooses remedies like reassignment over serious discipline. "The message they get is, '1 can shoot and kill someone and nothing will happen,'" Marrinan said. "They need to know they will be prosecuted or lose their jobs." Both Sanders and Bejarano strenuously disagree that the department doesn't properly discipline its officers. Although Bejarano refused to provide statistics on officer discipline, he defended his department as having "one of the best reputations nationwide for our standards of hiring, discipline and accountability." Sanders said that during his tenure he fired two officers who were involved in shootings even though the district attorney ruled their acts justified. The state's Commission on Peace Officer Standards and Training recently ordered a major revision to its Psychological Screening Manual to improve consistency in evaluating applicants for law enforcement jobs. Whether changes in screening would have focused attention on John Cain is a question that will never be answered. Bejarano would not talk about Cain except to say he is no longer on the force. What is dear is that Cain fired his weapon a number of times, killing two people. He was deemed fit for duty after each 1/21/03 Page 8 of 8 incident, despite increasingly disturbing signs. In February 1990, Cain fatally shot an armed-robbery suspect in downtown San Diego. A psychological test after that shooting showed that Cain "responded in a somewhat defensive manner" to questions, but otherwise his profile was "within the normal range," according to a psychiatric report that was part of a disability claim Cain filed. It was settled in 2000 for $9,000. However, in a 1999 interview with psychiatrist David Reiss, Cain described behavior that was anything but normal. Cain recounted for Reiss a fight he got into while on patrol. The man had been on crystal methamphetamine, and Cain said he broke the man's ribs, cut the man's lip and fractured an eye socket. "The only thing they got him for was battery on an officer," Cain told Reiss.. "But I beat the s--out of him." Later that year, Cain was on patrol in Ocean Beach when he and another officer questioned Tony Tumminia about an assault with a steering-wheel lock. As Tumminia tried to get in his pickup, witnesses said, a "violent wrestling match" between Tumminia and the officers took place. It ended when Cain fatally shot Tumminia in the chest. Four days after the second fatal shooting, Reiss said he did not believe that "Mr. Cain's level of anxiety is consistent with safe and effective functioning in a field position." Nonetheless, Cain was released for work three weeks later, according to his workers' comp file. Over the next six years, Cain shot at but missed a man, committed himself briefly to a mental health hospital and began accumulating bayonets, military helmets and other combat-related items around his work space. Cain resigned in 1998 after a run-in with a sergeant. A lieutenant and a sergeant were sent to his home to take his badge and gun. He was quoted by Reiss in a report in his workers' comp file as saying the officers had "unsnapped their f--lng holsters" before they came to his door. "If I wanted to hurt them, they would have been on the coroner's table by the end of the day." Researcher Michelle Gilchrist contributed to this report. Copyright 2003 Union-Tribune Publishing Co. 1/21/03 Page 1 of 6 Marian Karr From: Suelqq@aol.com Sent: Tuesday, January 21, 2003 12:05 AM To: Update@NACOLE.org Subject: [NACOLE Update] San Diego: Violence on Job Takes Toll on Cops. Truth Can Be Casualty. Part 2 Shots fired Violence on the job takes toll on emotional lives of officers By David Hasemyer, Mark Arner and David Washburn STAFF WRITERS December 20, 2003 Most police officers soldier on after a shooting, revealing little of the emotion inside. A few can even display a chilling indifference to killing someone. Truth sometimes a c_asualt~ when officers take a life A good-neighbor policy bears fruR Police shootings in 2002 _ _ Yet, they feel anger. Remorse. Misgivings. Some can no longer stomach the job and get out. Others go right back to the beat. In extreme cases, marriages crumble, alcoholism cripples, paranoia creates new worlds in their minds. They assault loved ones, physically and emotionally. They beat people, try to kill themselves, and doubt themselves as officers and human beings. A few months after she and her partner faced down a man with a gun, sheriff's Deputy Patricia Greene put a pistol to her head. Although she did not fire the shots that killed the man, she was obsessed with suicidal thoughts. Two days later, she checked herself into a psychiatric hospital. "1 can't stop thinking about killing myself," she told the staff. San Diego police Officer Phillip Bozarth said he was prepared for the powerful emotional aftermath of shooting someone, but the reaction of his 8-year-old son broke his heart. Under a picture he drew at school, the boy wrote, "My dad's a San Diego police officer, and i'm really worried about him." Every officer is affected, said Dr. Joe Ryan, chairman of the department of criminal justice and sociology at Pace University in New York. "These are human beings, so there has to be a reaction," Ryan said. "What we can't say is how they will be affected. Some people can deal with it and others can't. You look at them expecting them to be traumatized." Former sheriffs Deputy Mike Tverberg started to drink. His temper ran hot and violent. His nightmares were populated by snakes and the face of the man he shot. 'Td never been afraid of him, but he turned into this thing I became afraid of," his ex-wife, Michele Tverberg, recalled. She was caught in the vortex with two young daughters. They loved their father, but were frightened and confused after he withdrew so far from them. After six years, Michele Tverberg filed for divorce. Mike Tverberg now says he knew he was failing as a deputy, a husband, a father, yet "1 couldn't help it. This is the way it 1/21/03 Page 2 of 6 Several studies have documented police officers' physical and emotional reactions to fatal shootings. One study, published last year by a psychologist who is a former officer, quoted 80 officers involved in nearly 150 fatal shootings. Some worked for the San Diego Police Department. The study by professor David Klinger of the University of Indiana found that the most common effect was recurrent thoughts about the incident, experienced by 84 percent of the officers. Officer Steve Staton wrestled with memories of two fatal shootings that played constantly in his mind like a looping videotape. He knows from his reaction that coping is difficult in the weeks and months afterward. "The department prepares officers for a sprint, when they should be preparing them for a marathon," Staton said. "They prepare you for the legal aspects of a shooting - when to shoot, how to shoot and when to use what level of force - but they don't prepare you for what comes after the shooting." In January 1998, officer Bozarth began to struggle with the morality of killing affer his third fatal shooting. He no longer enjoyed his work and went on a two-week vacation to Israel. "1 went there to do some soul-searching," Bozarth said. "At that point in my life, I felt like I was drowning and I couldn't keep my head above water. "1 retraced the footsteps of Jesus. It was the most moving experience I've ever had. I was able to do a lot of healing." He said he found solace in an interpretation of the Sixth Commandment - "You shall not murder," instead of "Thou shalt not kill." Effects fade with time The turmoil Tverberg and Bozarth experienced affer a fatal shooting is common, although their reactions to it were severe. The Klinger study found that emotional and physical reactions, including anxiety, fatigue and sleep disruption, fade with time. After three months, the study showed, fewer than four in 10 officers reported recurrent thoughts of the incident. Staton and other officers complain about battles with bureaucrats and physicians over medical care and adequate legal representation after fatal shootings. Some said that although their shootings had been deemed justified, and were even considered heroic by some colleagues, top department officials seemed reluctant to praise them. Such conflict is common, said Klinger, a former Los Angeles police officer. "If a police chief is going to get into trouble, it will be because he, or his staff, used too much force," Klinger said. "Police chiefs are scared. Part of it is going to be perception. Sometimes support is given, but the officer doesn't feel it is enough." At one extreme was sheriffs Deputy Jeffrey Jackson, who shot a man point-blank in the back of the neck. He said he was unaffected, but his conduct showed otherwise. "Shooting is easy. Life doesn't mean much to me," Jackson told a psychiatrist affer shooting Cardiff Town Council member Paul Reynolds in 1992. Jackson turned his anger on Reynolds' widow, who had filed a lawsuit against him, according to his workers' compensation claim, a public record. "1 started to stalk the widow. I was pissed! If I could have got her, I would have shot her - her and her attorney," Jackson told psychiatrist Davis A. Suskind in a 1996 interview that is part of his stress claim. While Jackson seethed, he remained on duty. The report says he described how he would sit in front of the woman's house in his patrol car. Various psychological examinations contained in the workers' comp case concluded Jackson has "a personality that makes him vulnerable to job-related problems," such as excessive force. "Jackson has very poor coping skills and tends to react to frustration and anger with aggressiveness and with fairly poor judgment," a report by psychologist Daniel M. Blumberg said. "This appears to be a long-standing difficulty for him as it 1/21/03 Page 3 of 6 precedes the shooting incident and is a stable characteristic of his personality." Jackson still wears a badge, patrolling in Imperial Beach. He declined to be interviewed. The Sheriffs Department released a brief statement saying Jackson was evaluated more recently by a county-appointed psychologist and was "found to be fit to return to full duty." In the case of Greene, the deputy was growing increasingly upset that she didn't shoot after pulling her gun on the night her partner fired five times at a man pointing a pistol at them. She experienced panic attacks, froze on duty, flinched at the sound of gunfire on the practice range and had nightmares about being killed. Within five months, Greene went from believing she was "fine with the shooting" to constant thoughts of suicide, according to records in her workers' compensation claim citing stress. She spiraled into depression. On Jan. 29, 1999, she raised her loaded service pistol to her head, pressed the barrel against her temple, then paused and lowered the gun. She put it to her head again but dropped the gun, thinking about her three children. She checked herself into a psychiatric hospital. Like Greene, Tverberg walked away from the job. It was, he said, a matter of survival. The comeback has been slow but steady. He said he's happy working as a horticulturist at the San Diego Wild Animal Park, and his ex-wife says things are as good between them as they've been in years. "1 made up my mind not to let it ruin my life," Tverberg said, "but it has taken a big chunk out of it." David Hasemyer: (619) 547-4583; david.hasemyer@uniontrib.com David Washburn: (619) 542-4582; david~,ashburn@uniontrib.com Mark Amer: (619) 542-4556; mark,.arner@uniontrib, com Shots fired Truth sometimes a casualty when officers take a life David Hasemyer, David Washburn and Mark Arner STAFF WRITERS December 20, 2003 There are two versions of what happened in the chaotic darkness of a San Diego neighborhood seven years ago. But there is only one ending: A boy was shot in the back of the head by a cop. Shots fired: Violence on the job takes toll Police shootings in 2002 The first version is from San Diego police, who say they killed 17-year-old DeShawn Smith because they thought he and his friends were shooting at them. The second version is from Smith's friends, who say they didn't have a gun and were just running away.As is almost always the case, the police version was embraced as the truth. But independent inquiries, lawsuits and prosecutors' doubts - rarely aired in public - show that the truth is elusive. They reveal that officers lie, internal investigations are called shallow, or worse, cover-ups. Witnesses are ignored, and detectives coach officers on what to say to avoid prosecution. Even in shootings that are clearly justified, the whole story is usually not made public because of privacy laws protecting police. The district attorney reviews every shooting to determine if it was legally justified, in only two cases in the past 20 years was a police officer prosecuted after a shooting. And in both, the officers were acquitted. Former District Attorney Ed Miller said there is a temptation not to be as critical as needed?It is politics. You don't want to make anyone unhappy," Miller said. "You have a choice: Are you going to say what you think, or say what you hope everyone will think is sufficient?"Regardless of what they might think of a shooting, prosecutors have little choice when it comes to filing charges against officers."ln virtually all police shooting cases, the officer voices a perceived threat of great bodily injury or death from the subject of the shooting ," Miller wrote in a review of a shooting in 1991. "If the evidence does not prove beyond a reasonable doubt that the officer's fear was unreasonable, no criminal prosecution 1/21/03 Page 4 of 6 may be commenced"Miller's statement refers to a U.S. Supreme Court interpretation of the Fourth Amendment, which is at the heart of how officer-involved shootings nationwide are judged.The ruling gives officers wide latitude when they tell their story, said attorney Michael Marrinan, who for years has sued on behalf of people shot by police?What the cop says doesn't have to be the truth," he said. "It just has to be the right story, the right words that will exonerate him from wrongdoing. They all know this, and they know this is an almost absolute protection?Secrecy of inquiriesThe San Diego Police Department conducts three internal inquiries after each officer-involved shooting. The results are secret, as are the findings of the city's Citizens Review Board on Police Practices, which also looks at each shooting. Qnly the DA's summary and conclusions are made public. In Sheriffs Department cases, the county's Citizen's Law Enforcement Review Board releases its findings on all fatal shootings and on any shootings involving injury in which a civilian's complaint is filed..Although criminal prosecution is rare, officers do face discipline if the department finds a shooting was outside policy. The Police and Sheriffs departments refuse to discuss disciplinary measures. But civil service records show the San Diego Police Department has fir e d at least two officers for shootings that violated department policy, and the Sheriff's Department has fired at least one deputy in the past decade after a shooting. One of those police officers was James Greer, who killed a 17-year-old car-theft suspect in 1993.1n a scene frequently recounted, Greet said the suspect, Justin Trinity, made a furtive movement. The youth reached for his waistband, Greet said, making him fearful and prompting him to shoot. Greer's account ultimately failed the veracity test. The officer had been chasing Trinity through a University City neighborhood. It was daylight, and the officer had closed to within 5 feet when the youth paused at a fence that blocked his escape. Greer told investigators that Trinity, stopped, turned toward him and crouched, "and both hands went toward his waist.""That's when I shot," Greet said. But the medical examiner found wood fragments embedded in Trinity's chest. That indicated the youth had already jumped the fence and that the officer couldn't have seen him when he fired his 9 mm pistol, a city civil service panel said.There was no gun, only burglary tools and a knife tucked in Trinity's jacket pocket. Prosecutors did not charge Greet, but a police review said the shooting was outside department policy. Greet was fired. Conflicting accountsThe job of those who review these shootings is made difficult when accounts conflict. Sheriffs Deputy Jeffrey Jackson was called back for several interviews when he gave different versions of the critical moments before h e shot a man point blank in the back of the neck in 1992.Within hours of the death of Cardiff Town Councilman Paul Reynolds, Jackson told investigators one version. The next day, he told a different story, and a few days later, yet another. He changed his story again a year and a half later."To this day we probably don't really know what happened," said attorney Tom Adler, who represented Reynolds' family. Jackson, who is still with the department, is no longer talking. He was on patrol about 1 a.m. when he approached Reynolds at a service station. Reynolds was holding a marline spike, a tool used for separating strands of rope, and acting oddly. Jackson first said he fired when Reynolds tried to stab him. Then he told investigators he had forgotten something: He tried to kick Reynolds in the head to stun and disarm him. Later, he said he had tried to kick Reynolds in the back. More than a year later, Jackson told a psychiatrist evaluating him for stress that he kicked Reynolds forward so he could shoot without having his pistol against the back of Reynolds' head.Sheriff Bill Kolender and Undersheriff Jack Drown said they reviewed Jackson's case and deemed him fit for duty. They would not elaborate. Claims of coachingThe Jackson case and the Smith shooting illustrate a long-standing complaint by critics that homicide detectives cut fellow officers slack when they investigate shootings. The critics say officers are coached on what to say, and that critical evidence is glossed over. For example, in the Smith case inve s tigators never asked the four officers involved how far away the youth was when they opened fire, said Deputy District Attorney Paul Morley, who oversees reviews of police shootings?We wanted to flesh out some of the issues a lot more," he said.They couldn't. The officers refused to cooperate, he said, so the case was closed.A year later, the city's citizens review board sharply criticized the Police Department's homicide investigation and urged the district attorney to prosecute the officers."The board does not agree that any of the officers' actions were within policy, as there was never an articulable threat of great bodily harm either to them or to anyone else," said the July 24, 1996, letter. Paul Pfingst, district attorney at the time, declined to reopen the case, citing a lack of new evidence?They just pushed it under the carpet," said Smith's aunt, Sheila Campbell, whose family accepted a $75,000 settlement from the city a year after the shooting. "They just shot him down and didn't have to answer to anyone." 1/21/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 21, 2003 5:36 AM To: update@nacole,org Subject: [NACOLE Update] Oakland CA - Trial: Renegade Officers called high producers Oakland Tribune Renegade officers called high producers Demoted supervisor compliments them as motivated men By Glenn Chapman STAFF WRITER Tuesday, January 21, 2003 - OAKLAND -- Police officers under Jerry Hayter's command in the summer of 2000 looked good on paper. They were considered Hayter's "high producers" because they hauled in so many players in West Oakland's illicit drug scene. In court testimony last week, Hayter said he saw no cause for alarm when police Officers Clarence Mabanag, Matthew Hornung and Jude Siapno roughed up drug suspects that summer. The three officers, known as "Riders" who allegedly falsified reports to justify arrests and explain injuries to drug suspects, have since been fired and are now on trial in Alameda County Superior Court facing misconduct charges. "You familiar with a company named Enron?" Assistant District Attorney David Hollister at one point asked after Hayter went on to describe Mabanag, Hornung and Siapno as motivated cops who undertook "directed patrol" missions to fight crime. Hollister suggested that the former police sergeant was blinded by the officers' trickery, just as the public was by Enron's executives. Hollister asked Hayter about six incidents that took place in a three-week span that summer, including the detention of several men who needed medical treatment and the shooting of a pit bull terrier between the eyes in the back yard of a suspected drug house. Asked whether the series of events should have raised suspicions, Hayter acknowledged that "in a short time, that could be a spike." Hollister honed in on a night Siapno and purported Riders leader Frank Vazquez arrested Delphine Allen. In his testimony, Allen had said he was falsely accused of possessing crack cocaine, then taken by Vazquez and Siapno to a freeway underpass for a beating. Allen's mother had called police to complain her son was being drubbed by cops. Police dispatchers notified the supervising sergeant, Hayter, who went to check on the arrest. Hayter described leaning into a police car and speaking privately with Allen, who only had a bump on his forehead. Hayter said he looked around "360 degrees" and was certain no officers were nearby to intimidate Allen during their conversation. Hayter said Allen backed the arrest report, which blamed the injuries on his being tackled while trying to run away and from rapping his head angrily against a partition dividing the front and back of the patrol car. On the witness stand, Allen testified his written statement in the report was false and that officers glared at him menacingly over Hayter's shoulder to insure he didn't speak the truth. "When he started to talk, didn't you cut him off and show him his statement?" Hollister said. "I believe I gave him the chance to tell me what happened," a soft-spoken Hayter replied. Keith Batt, the police rookie who blew the whistle on the Riders in July 2000, has echoed Allen's description of the scene with Hayter. Hollister confronted Hayter with a report written by American Medical Response paramedics, who treated Allen before the sergeant arrived. Allen's right eye was swollen shut and the area around it bruised, the paramedics indicated. "The best I remember is some swelling on the forehead," Hayter maintained. Hayter said he ordered officers to have photographs taken of Allen's wounds for a "use of force report." The order was not carried out. When Sgt. Barney Rivera complained that Hayter's officers had "burned" an undercover van by hopping out of it and grabbing suspected drug dealers from street corners, Hayter dismissed Rivera's complaint as jealousy. "I thought he was jealous of the number of arrests, because my officers were doing a more effective job," Hayter said. "Barney Rivera was upset my guys were showing his up." Shortly after the Riders probe was launched, rookie Officer Steve Hewison told Hayter he had been coaxed by Mabanag into framing a suspected drug dealer in a bogus police report. Hayter testified he told Hewison to inform the Alameda County District Attorney's Office. Hewison, however, testified that Hayter advised him to confide in prosecutors if the case went to trial, which it didn't. The falsely accused man pleaded guilty in a deal that kept him out of jail. "Hindsight being what it is, I wasn't specific enough," Hayter said, "I don't believe I told him to go up that day. I probably should have." Hayter said he alerted a captain, Ralph Lacer, about Hewison's story within days. Lacer remembers things differently. Hayter was stripped of his sergeant's rank as a result of the Riders scandal. He also was booted off the Special Weapons and Tactics team. "I don't believe it was fair," Hayter said of his punishment. "They told me I didn't supervise properly and I was untruthful." Hayter is appealing his demotion, and the matter is before an arbitrator. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 21, 2003 5:54 AM To: update@nacole,org Subject: [NACOLE Update] Suffolk NY - Judges Reinstate Police Bias Lawsuit This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJRNV; Tue, 21 Jan 2003 08:54:36 -0600 Received: through eSafe SMTP Relay 1042836042; Tue Jan 21 08:56:43 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18azly-0005VN-00; Tue, 21 Jan 2003 08:53:06 -0600 Received: from albatross.mail.pas.earthlink.net {[207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18azhf-0005Fw-00 for update@nacole.org; Tue, 21 Jan 2003 08:48:39 -0600 Received: from beaker.psp.pas.earthlink.net ([207.217.78.247]) by albatross.prod.itd.earthlink.net with esmtp (Exim 3.33 #1) id 18aziy-0005G6-00 for update@nacole.org; Tue, 21 Jan 2003 06:50:00 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Tue Jan 21 0 6:49:59 PST 2003 Message-ID: <57152.1043160600084.JavaMail.nobody@beaker.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Suffolk NY - Judges Reinstate Police Bias Law suit Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 21 Jan 2003 06:54:19 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org http://www, newsday, com/news/printedition/longisland/ny-lisuit213098003 j an= 21,0,1038355.story=20 Judges Reinstate Police Bias Lawsuit By Samuel Bruchey STAFF WRITER January 21, 2003 A panel of appeals court judges has reinstated a discrimination lawsui t b fought by a Jewish police officer against the Suffolk Police Departmen t. In his suit, Howard Mandell, a retired deputy inspector, alleged he wa s r= eassigned to a lesser role and passed over for promotions because of h is religious beliefs and critical remarks he made publicly about the depa rtm= ent. In 2001, however, U.S. District Court Judge Jacob Mishler concluded Ma nde= 11 failed to establish evidence of discrimination, or a causal connect ion= between perceived anti-Semitism and the downturn in his career. Mishl er, = who is now retired, dismissed the case. "We thought we had a strong case with a lot of merit," Mandell said ye ste= rday. "The original judge apparently didn't want to look into the fact I'm delighted that the appeals panel did." Police Commissioner John Gallagher, who is a defendant along with the cou- nty, said yesterday that he was disappointed by the decision but eager to= defend his actions. "I have never been prejudiced against anyone, and I - Page 2 message.txt have no problem proving that in a court of law," Gallagher said. Mandell, who retired in 2001, is seeking unspecified monetary damages and= a retroactive promotion to inspector. The case was remanded Friday to S. District Court in Central Islip. Mandell, 62, of East Northport, joined the department in 1969, and by 198= 8 had risen to the rank of captain. Throughout that time, Mandell says, he routinely was the target of ant i-S= emitie taunting - including an occasion when a fellow officer tossed a di- me on the floor to see whether he would stoop down and pick it up. He said his ascension through the departmental ranks was unimpeded bec aus= e it was based on his performance on civil service examinations. In 1987, as a lieutenant, Mandell censured the department in testimony be- fore the Suffolk County Public Safety Committee. Among other remarks, Man= dell said he believed the "old-boy-network" was responsible for coveri ng = up officers' misconduct, including criminal activity, and that racism and= anti-Semitism were systemic. Two years later, Mandell was promoted to captain, but after that, his car= eer flatlined. In January 1993 he was transferred from the First Preci ncr in West Babylon to commanding officer of the Support Services Bureau, a = move he viewed as a demotion though he remained a captain. Between 199 7 a= nd 1999, Gallagher passed him over four times for promotion, his lawsu it = says. Meanwhile, Mandell alleges, Gallagher, who is Irish-Catholic, propound ed = a pro-Catholic sentiment within the department through statements he m ade= Page 3 message.txt at police functions, such as "We are all good Christians." In court papers Gallagher has said his comments were innocuous and tak en - out of context. He would not comment on them yesterday.=20 Copyright C2 A9 2003, Newsday, Inc.=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 21, 2003 6:00 AM To: update@nacole.org Subject: [NACOLE Update] Cook County IL - Village to get aggressive with auxiliary officers Village to get aggressive toward auxiliary officers By Cass Cliatt Daily Herald Staff Writer Posted on January 20, 2003 They wear police uniforms. They carry police badges. Many are armed with police weapons. But they aren't police. Auxiliary officers working for police departments across the Northwest suburbs might be the first to show up when a resident reports a neighborhood crime, phones in a domestic violence complaint or suspects a burglary. The auxiliaries supplement a town's police force but don't have independent authority to arrest anyone or investigate a criminal offense. What troubles some authorities is there are some "Dirty Harry" wannabes among the ranks of police assistants. Police officials in Des Plaines, Rosemont, Schaumburg and other towns with auxiliaries say they fill a crucial role providing a police presence to calm neighborhood disturbances. They are similar to community service officers that control traffic around sumner festivals and major entertainment events, except with the additional training to help police in crisis situations. However, one recent incident of an alleged abuse of power has been enough to spur Rosemont to begin knocking on doors this month to pick up "tin stars" in dresser drawers across the suburbs. "When there's slow periods, our regular sworn officers are going out to residences and collecting the stuff - the badges, the uniform, the equipment owned by the village," Rosemont Police Chief Don Stephens II said. "You've got some characters, they want to play policeman. They've got the Dirty Harry syndrome." The November arrest of a Rosemont auxiliary on charges of impersonating a police officer in Park Ridge spurred Rosemont Mayor Donald E. Stephens to announce plans to cut 150 of the village's 504 auxiliary police jobs. Now, the village says it will take more aggressive action, cutting 200 positions, strengthening work requirements and making it easier for the public to identify auxiliaries as civilians. Police officials in Des Plaines, Schaumburg and Palatine haven't found it necessary to follow Rosemont's lead. They say their smaller auxiliary forces are easier to control. Yet some agreed that increased awareness about who auxiliaries are and what they do could make residents less vulnerable to those who want to abuse their powers. It could also make officers less vulnerable to abuse themselves. "We get spit on, yelled at, we have had officers who have actually been bumped into with cars," said Edward Karas of Chicago, a civilian auxiliary captain with Rosemont. "A lot of times, the rambunctious ones will drive by and throw a half-full coffee cup at you in the middle of the street," Karas said. "But the big majority of us, when we put on that uniform, we just got a job to do to keep everyone safe." 1 Monitoring activity Responsibilities for auxiliaries vary widely from town to town, intended to match their training. State law leaves it up to local police chiefs to decide how much and what kinds of training their auxiliaries need. Des Plaines auxiliaries have regular monthly training sessions, receiving much of the same training as sworn officers, said Des Plaines police spokesman Chris Terrazzino. The Illinois Law Enforcement Training Standards Board sets guidelines for training in civil rights, arrests, search and seizure, handling of juveniles, hazards of high-speed chases and a wide range of criminal procedures for sworn officers. "In the evening times and weekends, they will go out and ride with officers and function in the capacity as a back-up officer," Terrazzino said of Des Plaines auxiliaries. "They participate fully in making arrests, but they're always under the authority of a full time officer. It gives us the luxury of net having to puli someone from across town if something big happens." Rosemont's force goes through eight weeks ef training on traffic control, first aid and basic criminal law, Chief Stephens said. Auxiliaries who carry guns receive state certification and are supposed to be armed only while on duty and in uniform. "We make it very clear that they serve only when they're on duty, but with the number we have, we can't police them 24 hours a day, and we've had some problems," he said. With 1 million tourists descending on Rosemont en some weekends, the village's auxiliary force has had to grew to meet demand since being formed in 1971. Resement began rewarding loyal service by allowing its more active auxiliaries to order their own badges, but "it get out of hand," Chief Stephens said. "Guys started going out and spending $60, $100 for the embossed badges in their wallets like detectives have," he said, "and if people held on te those, they could be bad for impersonating a police officer." Rosemont is trying to decide on a reimbursement plan to compensate auxiliaries for confiscating their badges, officials said. Also, to prevent newcomers from signing up "just for the badge," Rosemont auxiliaries will now have to work at least 250 hours a month. Auxiliaries will also be issued plastic identification cards and only display shields as emblems that will be embroidered on uniforms. "So, if these guys are out and another town does stop them, and they pull a badge, we hope those departments notify us, and we hope they get arrested for impersonating a police officer," Chief Stephens said. In the Park Ridge arrest case that spurred the changes, a Streamwood man on Rosemont's auxiliary force allegedly identified himself as a police officer before forcibly searching a woman's car and purse in a grocery store parking lot Nov. 4. Park Ridge police arrested him on multiple felony charges, including official misconduct and intimidation. The incident followed on the heels ef an investigation into another auxiliary earning overtime as a plumber at O'Hare International Airport while directing traffic at Resemont venues. He too was fired. Few bad apples Police officials stressed, though, that most auxiliary officers and police assistants are dedicated to law enforcement. Many take the job to get background experience in pursuit of police careers. They put up with directing traffic in freezing weather and harassment from the public to get it. "You get a lot of verbal abuse, like 'you rent-a-cop~ type stuff," said Lucy Sanchez, a Rosemont auxiliary who works full time in Chicago for Northwestern Memorial Hospital Physicians Group. "But we protect people, and the traffic's not all we do," Sanchez said. "We had just recently someone at one of the hotels screaming that someone had taken her baby, and we were able to put her mind at ease." In that case, the woman's intoxicated boyfriend had taken the baby, and auxiliaries were able to recover the child before the boyfriend drove away with it. Nicholas Kowal, 44, says he has worked as an auxiliary for 18 years with Des Plaines police to give something back to his community. While Rosemont's officers get paid for the job, auxiliaries in Des Plaines do it for free. "I think when people call for help, they look at us like we're the help responding to their problem," said Kowal, who believes his job parallels his full-time job as corporate director of security for Resurrection Health Care. "They don't know if we're a light blue uniform or a dark blue uniform," Kowal said. "Our main goal is that everyone goes home safe and sound and in one piece." Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 21, 2003 6:03 AM To: update@nacole.org Subject: [NACOLE Update] San Francisco CA - Internal investigator ruffled the SFPD transferred This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message bxt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJRPG; Tue, 21 Jan 2003 09:01:34 -0600 Received: through eSafe SMTP Relay 1042836042; Tue Jan 21 09:03:41 200 3 Received: from localhost ([127.0.0.1] helo-gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18azsh-0005rI-00; Tue, 21 Jan 2003 09:00:03 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18azq4-0005ip-00 for update@nacole.org; Tue, 21 Jan 2003 08:57:21 -0600 Received: from beaker.psp.pas.earthlink.net ([207.217.78.247]) by albatross.prod.itd.earthlink.net with esmtp (Exim 3.33 #1) id 18azrN-0000AM-00 for update@nacole.org; Tue, 21 Jan 2003 06:58:41 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Tue Jan 21 0 6:58:41 PST 2003 Message-ID: <7512788.1043161121531.JavaMail.nobody@beaker.psp.pas.eart hlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset 646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] San Francisco CA - Internal investigator ruff led the SFPD transferred Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 21 Jan 2003 07:02:59 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Internal investigator who ruffled the SFPD-20 Cop transferred off probe of fracas is known as straight- talking, duty-bound workaholic=20 Susan Sward, Jaxon Van Derbeken, Chronicle Staff Writers Sunday, January 19, 2003=20 =C2-A92003 San Francisco Chronicle I Feedback URL: http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2OO3/O1/19/BA2 4O8= 99..DTL-20 =20 San Francisco -- Lt. Joe Dutto is known as the sort of cop who would a rre= st his own mother.-20 In Dutto's world, there isn't a lot of gray: People who break the law sho= uld be punished. After he became head of the San Francisco Police Depa rtm- ent's investigation into an off-duty fracas involving the assistant ch ief= 's son, it was this sense of duty that led him to render a damning ind ict= ment of the department's leadership.-20 But Dutto, a 27-year veteran of the department, was yanked out of his job= and transferred to the vice squad last week, ending his role in the i stigation. He says that "beyond any doubt," he is being punished for 1 ead= ing an aggressive probe and that the department command staff had plac ed = obstacles in his path.=20 "If things were done right," he said, "we would not be here today."-20 His accusations go to the heart of the department's credibility in ass err- ing that it can conduct an untainted investigation into whether Assist Page 2 message.txt ant= Chief Alex Fagan Sr.~s son, Officer Alex Fagan Jr., and two other off ty officers assaulted two men on Union Street early Nov. 20.=20 His bosses said Dutto was moved as part of a routine shakeup of depart men= t lieutenants. District Attorney Terence Hallinan concluded that there wa= s a "failure to cooperate" among the department brass.-20 Dutto, who made his accusations at an impromptu news conference, is an un- likely boat rocker. He's a 53-year-old, no-nonsense, detail-minded off ice= r who graduated in 1967 from St. Ignatius High School, traditionally o ne = of the city's training grounds for officers who go on to hold powerful , h= igh-level posts in the department.-20 To his admirers, Dutto is the ultimate cop -- a stern but fair man of int= egrity who is focused on doing thorough investigations and fighting dr ugs and vice -- crimes that he says are the root of street violence.=20 His supporters run the gamut -- from his cop colleagues to prosecutors to= prostitutes' advocates.=20 "He's a workaholic, completely and totally committed to the department said his Police Academy classmate, Sgt. Reno Rapagnani.=20 Dutto's detractors acknowledge his integrity and dedication, but say h e i= s a loner with an overwhelming ego and a self-defeating inability to w ork= well with his peers.-20 For his part, Dutto says he leads by setting an example and holding of fic- ers accountable. "I just do the job and get the job done," he says.=20 Born in San Francisco to an electrician father and a secretary mother, Du= tto grew up one of four siblings in the working-class Portola neighbor Page 3 message.txt hoo= d at the southern end of the city. He first came into contact with cop sa- t age 10, as part of the fledgling SFPD Police Activities League. In 1 963= , his athletic prowess earned him the league's Boy of the Year award.= 20 He went on to be a star pitcher for the St. Ignatius baseball team tha tw= on the citywide championship the year he graduated.-20 After two years in community college, he served a noncombat stint in t he = Air Force, then joined the SFPD in 1975.=20 He met his wife in his Police Academy class, the first year women were al= lowed to join the department. They had a daughter, now 20, and live in So- uth San Francisco.=20 "Ail cops should be like Lt. Dutto," said Judith Garvey, a San Francis co - deputy district attorney who has worked with him for more than two dec ade- s. "He calls things as he sees them, no matter what the case is, no ma tte= r who it is."=20 Norma Hotaling has seen both sides of Dutto. Now head of an advocacy o rga= nization that runs classes for those who solicit prostitutes, Hotaling wa= s arrested repeatedly by Dutto during his earlier days in vice.=20 "He used to arrest me all the time and book me for prostitution, drug sal= es,-20 possession. I hated him. He scared me -- he was everywhere."=20 She later left the street and found herself recruited by Dutto to run the- SFPD's "johns program," which educates hookers' customers about the d ang= ers posed by prostitution. 20 Page 4 message.txt "It was amazing to work with someone in the department who realized th eh= ealth and social consequences for individuals in prostitution and thei ustomers," she said.=20 In 1998, the program won the $100,000 Innovations in American Governme nt = Award from Harvard's John F. Kennedy School of Government, the Ford Fo und= ation and the Council for Excellence in Government.=20 Dutto's philosophy combines a compassion for the plight of prostitutes wi= th a zero tolerance for law breaking. "If you are proactive, compassio nat e, you are going to change districts," Dutto says.=20 In an earlier stint on the vice squad, Dutto earned the nicknames "Pre dat= or" and "the Creeper," for his penchant for sneaking up on crooks. Arm ed = with binoculars, he sometimes climbed trees to spy on his prey. One da perched in the branches at a city park, he spotted two drug dealers bu tyi- ng their stash, and came away with $800 worth of marijuana. 20 Most recently, he led an enforcement program he crafted to nail chroni cd= rug dealers and alcoholics in the Haight. He says he has "all the comp ass= ion in the world" for truly homeless people, but not those who exploit th- e system. He calls them "lifestyle-by-choice, self-indulgent-behavior, su- bstance abusers. "=20 "Dutto doesn't mess around," said Mike Pazzu, who helps run a market a tM= asonic Avenue and Haight Street. "He does everything by the book, and al= ot of people don't like him because he takes everything seriously. If som eone tried to say, ~Do this for me,' he won't. If you are guilty, you are= going to be prosecuted."=20 Page 5 message.txt His approach has won him some enemies in the SFPD. Some call him testa dur a "hard head" in Italian. One insider said: "I don't think he has af= fiend in the department."=20 His critics describe him as an embittered cop who never got promoted a sh- igh as he felt he deserved, and some say he has hurt himself by radiat lng= his contempt for officers who didn't meet his standards.-20 Fellow officers didn't want to be quoted by name about Dutto's shortco gs,-20 but one former civilian employee of the department, Paul Westerberg, w 't shy with his opinions.=20 Westerberg, who retired last year, said he was working in the warrants bu= reau one night when Dutto asked him to confirm that a warrant actually isted on a suspect.=20 The warrant showed up in the computer, Westerberg said, but he had no pap= er copy of it. Without that, state law barred him from verifying the w ant -- so Dutto's suspect could not be booked.=20 "He was on the phone with me for 15 minutes and he was completely unpr ofe- ssional, completely a bully -- I will never forget it," Westerberg sai d.=20 "He was yelling and threatening to write me up for misconduct."-20 When Dutto went public with his criticism of the department hierarchy las= t week, he ruffled feathers of officers who believe he was wrong to ai rd- epartment gripes in public. "There's some grumbling now that he should have talked," one insider said.=20 The department officials put on the spot by Dutto's criticisms insist Page 6 message.txt the- re's nothing underhanded about the transfer. Chief Earl Sanders said t he - decision was a "personnel matter," and Deputy Chief David Robinson has sa~ id the move wasn't punitive.=20 Hotaling says she's sure Dutto's telling the truth. The alleged beatin ga= nd subsequent investigation "has focused an intense light on the dysfu nct ionality of the department," she said. "Joe is saying what everyone in th= e community is saying -- that San Francisco deserves a better police d epa= rtment than this. Everyone is asking now, 'Who is protecting us?'=20 "Until the department starts doing the right thing -- which Joe, the d ist= rict attorney and the community are asking for -- they are going to ke ep = on self-destructing."-20 Dutto's last day as head of the general work detail was Friday, and he se= emed anxious to leave any rancor behind.=20 "I love my job as a police officer," he said. "I have been officially not= ified that I'm being transferred to a new assignment. I'll give 100 pe rce= nt- plus in that new assignment and to the citizens of San Francisco." =20 Chronicle staff writer Patrick Hoge contributed to this report. / E-ma il = the writers at ssward@sfchronicle.com and jvanderbeken@sfchronicle.com .=20 =C2=A92003 San Francisco Chronicle I Feedback Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 7 Page 1 of 2 Marian Karr From: Suelqq@aol.com Sent: Tuesday, January 21, 2003 8:41 AM To: Update@NACOLE.org Subject: [NACOLE Update] Shooting Tests Claremont [CA] Policy on Force January 14, 2003 Shooting tests policy on force , Suspect's death is the first in Claremont [CA] since Irvin Landrum Jr. was killed by police in 1999. By Gene Maddaus, Inland Valley Voice CLAREMONT -- A policy instituted by the Claremont Police Department in the aftermath of a racially divisive po[ice shooting is being put to its first test, after Officer Kevin Bock shot and killed a car theft suspect early Sunday. The policy requires that an officer who kills a suspect in the line of duty automatically be placed on paid administrative leave for at least three days.. After the three days are up, the department will evaluate whether Bock should return to the force, Lt. Stan Van Horn said. Sunday's officer-involved shooting is the first one in Claremont since 18-year-old Irvin Landrum's death on Jan. 11, 1999. The Landrum shooting sparked weekly protests outside City Hall, a federal lawsuit, the formation of the Claremont Police Commission, the change in the use-of-force policy, and two racial profiling studies, the second of which has not yet been completed. Landrum was black, and the department's critics charged that his shooting was racially motivated. The city has since hired a black police chief, Roy Brown. One of Brown's first accomplishments was to create a 14-page policy on the use of force, adopted in July 2001, which replaced a cursory paragraph in the department manual that had been in effect at the time of the Landrum shooting. Though many in the community asked for a citizen review panel to investigate complaints against the department, the police commission was not given that power. In the case of officer-involved shootings, the department agreed only to convene an internal use-of-force review board to oversee the internal investigation. The police commission, formed two years ago, has no formal role after an officer-involved shooting, said former Commissioner John Murphy. But the commission may still choose to take a look at policies in light of Sunday's shooting. "This is going to be an interesting test," Murphy said. "To some extent, the commission is there almost waiting for a disaster or a crisis, and then it's supposed to respond. It's more of a reactive body than an active body." Murphy added that he had no information to suggest that Bock acted inappropriately, but said he was concerned that the officer may not have been adequately trained. Bock joined the Claremont Police Department in March, after spending three years as a Los Angeles County sheriff's deputy, Van Horn said. Richard Fass, the chairman of the police commission, said that the shooting would give the commission a chance to see the policy in action. "All the right things are happening," Fass said. "Given the scope of this police commission, our formal interest will be to see that the procedures are followed apprepriately and any concerns that citizens have are heard. That's all we can do. We have no powers." The primary investigation into the shooting is being conducted by the Los Angeles County Sheriffs Department and the district attorney's office. Van Horn said he would compile a report on the shooting and refer it to the internal review board once the Sheriff's Department investigation is complete. The review board, composed of up to five supervisory officers, will then report to Brown. 1/21/03 Page 2 of 2 The county coroner's office had not notified the suspect's family of his death as of late Monday, and therefore did not release his name. The department would say only that he was a 20-year-old Pomona man. The suspect was white. The shooting happened after a one-mile police chase that started on Interstate 10 and ended in a cul-de-sac about 1 am, Van Horn said. As Bock approached the car, the driver backed up, pinning Bock against the front bumper of his patrol car, Van Horn said. Bock then opened fire. Witnesses said they heard as many as four shots. Bock was taken to the hospital for treatment of scrapes and bruises to his legs. The suspect was also taken to the hospital, where he died. *** eSafe scanned this email for malicious content ~** IMPORTANT: Do not open attachments from unrecognized senders *** 1/21/03 Marian Karr From: Pittinger, Beth [Beth. Pittinger@city. pittsburgh.pa.us] Sent: Tuesday, January 21,2003 9:29 AM To: 'N^COLE Update' Subject: [NACOLE Update] Attention to Pittsburgh Area deaths March in Mt. Oliver protests police-linked killings of 3 blacks Tuesday, January 21, 2003 By Michael A. Fuoco, Post-Gazette Staff Writer About 150 people shrugged off frigid temperatures yesterday to march through Mount Oliver to protest police involvement in the recent deaths of two African-~nerican men and a 12-year-old African-~erican boy. Emulating the peaceful protests of Martin Luther King Jr. on a national holiday in his honor, the demonstrators marched through the Brownsville Road business district with chants and signs, drawing beeping car horns in support. The march followed a 95-minute rally at Lighthouse Church of Pittsburgh on Arlington Avenue, where speaker after speaker denounced the deaths and demanded justice. Those who crowded into the church -- including many teenagers and younger children -- applauded and cheered the speakers, who vowed not to let the deaths of Charles Dixon, Bernard Rogers and Michael Ellerbe go unanswered. Dixon, 43, of Altoona, died after a scuffle with police at a Mount Oliver birthday party Dec. 21; Rogers, 26, of the Hill District, was shot to death Nov. 15 by Pittsburgh Housing Authority police at the Bedford Dwellings complex; and Ellerbe, 12, of Uniontown, was shot in the back Dec. 24 while he was being chased by two state troopers in Uniontown. The FBI has expanded its probe into Ellerbe's death to include the two other police-related deaths. A federal civil rights investigation into Rogers' death was started Dec. 19; the investigation into Dixon's death began Dec. 23. The FBI will report the results to the Civil Rights Division of the Department of Justice and the U.S. attorney's office.. State police also are investigating the Ellerbe shooting, and the results of an Allegheny County coroner's inquest into Rogers' death are pending. In the Dixon case, Allegheny County Police Superintendent Kenneth Fulton said in late December that a preliminary review showed Mount Oliver officers did nothing wrong, but noted that it would be weeks before tests were completed to help determine how he died. One of the organizers of yesterday's event, Renee Wilson, told the gathering that something needed to be done. "The killing of fellow citizens is not acceptable," she 1 said. "Those entrusted with a badge are still subject to the laws of the land." She said people committed to justice "will attend every legal proceeding in all of these cases, will picket police stations where there's evidence of abuse, will march around the courthouse ... will march on Downtown and Uniontown, will organize meetings in every area, will boycott businesses that support or profit from injustice." Michael A. Fuoco can be reached at mfuoco@post-gazette.com or 412-263-1968. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink. net] Sent: Tuesday, January 21, 2003 9:38 AM To: update@nacole.org Subject: [NACOLE Update] RE: PA State Police Deadly Force Regulations This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJTM8; Tue, 21 Jan 2003 12:37:45 -0600 Received: through eSafe SMTP Relay 1042836042; Tue Jan 21 12:39:51 200 3 Received: from localhost ([127.0.0.1] helo-gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18b3Fk-0006XR-00; Tue, 21 Jan 2003 12:36:04 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18b3CN-0006Lt-00 for update@nacole.org; Tue, 21 Jan 2003 12:32:35 -0600 Received: from beaker.psp.pas.earthlink.net ([207.217.78.247]) by albatross.prod.itd.earthlink.net with esmtp (Exim 3.33 ~1) id 18b3Dg-0002pS-00 for update@nacole.org; Tue, 21 Jan 2003 10:33:56 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Tue Jan 21 1 0:33:56 PST 2003 Message-ID: <7766029.1043174036514.JavaMail.nobody@beaker.psp.pas.eart blink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] RE: PA State Police Deadly Force Regulations Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 21 Jan 2003 10:38:13 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.org Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Thanks to Beth Pittinger of the Pittsburgh CPRB for posting a link to thi= s story earlier..here's the full text of 1) the story and 2)the regs o nt= he Pennsylvania State Police Use of Deadly Force for those who don't h ave= html-enabled email: -kelvyn Deadly force key to case Jan. 11, 2003 By Matthew Junker TRIBUNE-REVIEW Saturday, January 11, 2003=20 When 12-year-old Michael Ellerbe was shot, state police troopers may h ave= vielated use of force regulatiens if a scenarie of the bey's Christma sE= ye shooting advanced by a family lawyer is correct.=20 The state police's use of ferce regulations, which were provided to th eT= ribune-Review Friday by the law enfercement agency pursuant tea Right to= Knew request, will be used to determine whether troepers Juan Curry a nd = Samuel Nassan will be prosecuted, according to U.S. Attorney Hary Beth Bu= chanan.=20 "The state pelice regulatiens will be a facter (in the decision te pre sec ute) but there will be others. We'll leok at conduct ef the efficers, the= ir training, the circumstances and whether there has been a willful vi ola= tien of federal law," she said.-20 Buchanan has asked the FBI to conduct a civil rights prebe while the s tat- e police cencurrently investigate whether troopers Curry and Nassan vi ola= Page 2 message.txt ted state law. Buchanan refused to discuss the facts of the investigat ion= but said a possible charge that could arise from the investigation, d epr= ivation of rights under color of law, carries a maximum penalty of dea th.- =20 Fayette County District Attorney Nancy Vernon, who will determine whet her= to press state charges, could not be reached for comment.=20 According to the lawyer hired by Ellerbe's family, Joel Sansone, the b oy = was unarmed and was running away from a stolen car the afternoon of Ch tis= tmas Eve when a pursuing officer fell and fired his weapon accidentall y. = A second officer, perhaps fearing that he was under fire and seeing hi sp= artner down, fired at Ellerbe, striking him in the back. Sansone said he = received the information from anonymous "but credible" sources.-20 Police have been mum on the incident, saying only that Curry and Nassa nh= ave been placed on administrative duty while a criminal investigation is = conducted.=20 The bullet passed through Ellerbe's heart, killing him, according to F aye= rte County Coroner Dr. Phillip Reilly. Au inquest has been scheduled f or = Jan. 27.=20 If Sansone's version of events is correct, Curry, who was the officer who- fell, could have violated a regulation on unholstered firearms, while Na= ssan could have violated deadly force policy.=20 Nassan fired the deadly shot, according to Vernon.=20 "Officers shall not utilize deadly force to effect the apprehension of pe= rsons who commit violations of the law...but do not present a threat o fd= Page 3 message.txt eath or serious bodily injury," the regulations on deadly force state. =20 The unholstering firearms section states, in part: "officers shall kee =2E the trigger finger outside the trigger guard."=20 Firearms expert Ken Cooper said he believed that Curry~s gun could onl yh= ave been fired if his finger was on the trigger.=20 "It's impossible for the gun to discharge by itself, through falling. The= re are safety mechanisms to prevent that. But it's possible, in fallin g, = that he had his finger (off) the trigger, and it went back in the trig ger= guard and fired the weapon," Cooper said.=20 Cooper operates Tactical Handgun Training, a New York State facility u sed to train law enforcement officers in the use of force. He also testif ied= on behalf of four New York City police officers who were charged in t he = Feb. 4, 1999, shooting of Amadou Diallo. Diallo was shot and killed by of- ficers who said they believed Diallo, an African immigrant, was pullin ga= weapon. He allegedly was a suspect in a rape investigation. The offic ers= were acquitted.=20 According to Cooper, if Nassan believed Curry was hit: "he had an abso lut- e right at that point to draw his weapon. Firing is another thing. But I = have a feeling that in this case, he perceived a deadly force and came up- with a wrong answer, which he had the right to make." 20 He said the police Use of Force Continuum, a graphic intended to show the= proper way to escalate the use of force, is used by most police force st= hroughout the country.=20 Even though Nassan's actions appear to have leapfrogged over several f Page 4 message.txt orc= e options portrayed in the graphic, Cooper said that decision is prope r.=20 "In that situation, it goes right to deadly force," he said.-20 A state police official said the department now is simply attempting t o c= ompile comprehensive statements from witnesses and participants to giv e V= ernon the clearest picture available about what happened.=20 State police Capt. Roger Waters said the use of force policy will not aff= oct how interviews are conducted.=20 "First, a criminal investigation will be done. After that...decision ( on = whether to prosecute) is made, an administrative investigation will ta ke = place," Waters said. "We will abide by it (whatever the decision to pr ose= cute may be)."=20 He said police will consider the regulations when conducting the admin ist- rative investigation. =20 Waters, the commander of Troop B, which includes the Uniontown station , s= aid he could not comment about whether Curry and Nassan's actions were wi= thin the regulations.=20 Tribune-Review lawyer Ron Barber said the records will help the public ma= ke informed decisions about the incident.=20 "Frankly, their initial refusal to provide the newspaper with this pol icy= was surprising to me. But I was very pleased to see how quickly they res= ponded ence we queted them chapter and verse on the law. Maybe we den' ty= et understand everything about this particular sheeting incident, but thi= s informatien will help keep the public discussien on the right track, Page 5 message.txt e said.-20 Matthew Junker can be reached at mjunker@tribweb.com or (724) 425-2338 Deadly force regulations NOTE: The Pennsylvania State Police released these deadly force regula rio= ns to the Tribune-Review after a Right to Know request. 3.01 POLICY=20 Members and enforcement officers shall use only the amount of force ne ces- sary to successfully attain lawful objectives, or protect themselves a nd = others. Members and enforcement officers shall be guided by Department tr= aining, the use of force continuum, applicable statutes, the totality of - circumstances of the incident, and this regulation.=20 3.02 DEFINITIONS=20 A. Lethal Weapon: A weapon, firearm, device, or instrument which, in t he = manner it is used or intended to be used, is designed, calculated, or lik= ely to cause death or serious bodily injury.=20 B. Less Lethal Weapon: A weapon, device, or instrument which, by desig purpose and intended or actual use, is neither likely to produce death or- serious bodily injury. 20 C. Self-Defense: Action taken, necessary to avoid harm or evil to ones elf= , based on a reasonably founded belief that bodily injury will occur d ue = to the existence of a clear and present danger, to halt an attack. Sol f-d= efense may be personal or instituted for the protection of another per son= =2E=20 D. Serious Bodily Injury: Bodily injury which creates a substantial ri Page 6 message.txt sk = of death or which causes serious, permanent disfigurement, or protract ed loss or impairment of the function of any bodily member or organ.=20 E. Types of Force:=20 1. Constructive Force: Actions taken to obtain the compliance of an in div= idual who is resisting slightly, and prevent the individual from exerc isi ng free will; e.g., officer's physical presence, displaying badge or u nil= orm, verbal commands, gestures, etc.=20 2. Deadly Force: Force which, under the circumstances in which it is u sed= , is readily capable of causing death or serious bodily injury.=20 3. Intervening Force: Actions taken after a subject's willful or negli gen= t act or omission has been committed; e.g., restraining or aiding an i ndi vidual who attempted suicide, aiding a drowning victim, crowd control, et= c.=20 4. Reasonable Force: The amount of force necessary to effect an arrest vercome resistance, or to protect oneself or others from harm.=20 5. Unlawful Force: The use of force against an individual after their res= istance has ceased, or the confinement of an individual for no lawful put= pose..-20 F. Violent Felony: As used in this regulation, any felony involving th e c= onfrontation of a victim by an assailant using or threatening to use d ead= ly force.=20 3.03 DUTIES AND RESPONSIBILITIES-20 A. Director, Bureau of Training and Education:=20 1. Ensure use of force policy and guidelines update and refresher trai Page 7 message.txt nin= g are included in annual in-service training.=20 2. Ensure Cadets and enforcement officer trainees complete the require dc= ourses, including use of force policy and guidelines, and weapons qual ifi= cation and proficiency standards.=20 3. Ensure training records of all members and enforcement officers are ma= intained and updated as necessary.-20 B. Troop Commanders and Bureau and Office Directors:=20 1. Ensure members and enforcement officers of their command attend and co= mplete scheduled Department training in the use of force.-20 2. Ensure incidents involving the use of force are reported in accorda nce= with Department regulations.=20 C. Members and Enforcement Officers:=20 1. Complete Department training relating to the use of force and letha la= nd less lethal weapons.=20 2. Use only Department-authorized weapons.=20 3.04 USE OF FORCE CONTINUUM=20 The use of force continuum is the logical progression of force necessa ry for an officer to gain control based upon the totality of circumstance s, = including the amount of resistance encountered. The continuum gives of fic= ers a graphic aid for considering an appropriate response to control a ny = given situation, including the level of subject resistance used agains tt- hem. The continuum progresses from the lowest level of officer control op= tions, known officer presence, to the highest, stop action/deadly forc e.=20 Page 8 message.txt Subject resistance levels range from the least threatening, psychologi cal= intimidation, to the most serious aggravated action. When responding to = resistance in performance of duty, officers shall consider the totalit y o= f circumstances, including the level of subject resistance, escalate t o t-- he minimum amount of force necessary to control the situation, and de- esc- alate to the amount of force necessary to maintain control once the si tua- tion and subject are under officer control. Refer to Appendage A.=20 3.05 DEADLY FORCE=20 Members and enforcement officers shall use deadly force in the perform anc= e of official duties in accordance with this regulation, other Departm ent= regulations and existing statutes. Nothing contained in this regulati on = shall preclude the use of deadly force in self-defense, when warranted · =20 A. Arrest: Officers may use deadly force to effect the arrest or prove nt = the escape of a felon, when ALL of the following elements are present: 20 1. Knowledge a violent felony was committed.=20 2. Knowledge or reasonable belief that the suspect did, in fact, commi t a= violent felony. 20 3. Probable cause to believe the suspect poses a significant threat of de= ath or serious bodily injury unless arrested without delay.=20 4. Ail other reasonable means of effecting the arrest or preventing th e e scape have been exhausted.=20 B. Protection: Officers may use deadly force to protect themselves or ano= Page 9 message.txt ther from what they reasonably believe to be an imminent threat of dea th - or serious bodily injury.=20 C. Firearms: Officers shall only discharge a weapon when the use of de adl= y force is justified. Officers shall not shoot to kill or shoot to wou nd,= but shall shoot to stop the action by causing the instant incapacitat ion= of the threat. For maximum stopping effectiveness and to minimize the da- nger to innocent bystanders, officers should:=20 1. Shoot at the center of available body mass presented by the threat. =20 2. Shoot at an alternative target, such as the head or pelvic area, wh en = circumstances (i.e., body armor, drugs, adrenaline, etc.) render the c ent= er mass of torso target ineffective at immediately stopping the action .=20 D. Risk to Innocent Bystanders: Officers facing the decision to use de adl y force must be cognizant of any innocent third parties that may be pr ese= nt in or near the line of fire. Officers are prohibited from dischargi ng = firearms when it appears reasonably likely an innocent person may be i nju= red unless failure to use deadly force would likely result in the imme dia= te death or serious bodily injury of the member, enforcement officer, or another person.=20 E. Other Offenses: Officers shall not utilize deadly force to effect t he apprehension of persons who commit violations of the law amounting to sum= mary or misdemeanor offenses, or who committed a felony, but do not pr ese= nta threat of death or serious bodily injury.=20 3.06 LESS LETHAL WEAPONS=20 Page 10 message.txt The use of less lethal weapons provides members and enforcement office rs = with a means, within the use of force continuum when force is necessar y, = to accomplish a lawful objective, but the use of deadly force is not j ust- ified or authorized. Officers shall utilize less lethal weapons in the pe= rformance of official duties only under the following circumstances:=2 0 A. To effect an arrest, defend themselves, or defend another person fr om = bodily injury while effecting an arrest.=20 B. To protect themselves or another from what they reasonably believe to - be an immediate threat of bodily injury. 20 3.07 UNHOLSTERING AND HANDLING OF FIREARMS 20 Officers may unholster their firearm in certain situations for safety; e.= g., building searches for suspects, serving search or felony arrest wa rra= nts, checking vehicles in high-risk situations, felony arrest situatio etc. Officers shall exercise a reasonable standard of care with the d n weapon by pointing the muzzle in a safe direction, keeping the trigg finger outside the trigger guard and parallel to the cylinder or slide nd under no circumstances shall a weapon capable of double action be c ock= ed. Ail officers are expected to maintain proficiency with regard to t he = safe handling and use of all Department-issued or -approved firearms. ept for general maintenance, storage, or authorized training, officers sh- all not draw or exhibit firearms unles s circumstances create strong reasonable belief it may be necessary to e the weapon in conformance with Department policy. The playful or wan ton- pointing of a firearm at anyone, on or off duty, or the careless or n Page 11 message.txt egl= igent use of a firearm is prohibited.=20 3.08 SHOOTING AT OR FROM MOVING VEHICLES=20 Officers shall not discharge a firearm at or from a moving vehicle, wi th = the following exceptions and after considering:=20 A. The difficulty of hitting a moving target.=20 B. Ricocheting bullets strike unintended targets.-20 C. Population densities.-20 D. The inability to stop a vehicle's momentum even when the target act or - is hit, and the damage or injury which might result from causing a veh icl= e to go out of control.=20 E. As a last resort measure when the actor, by using the vehicle or ot her= means, poses an imminent danger of death or serious bodily injury to the= officer, another officer, or another person.=20 F. As a last resort to prevent the escape of a fleeing felon when the use= of deadly force is otherwise justified.=20 3.09 WARNING SHOTS=20 Officers are prohibited from firing warning shots under any circumstan ces= =2E Warning shots are usually not aimed at a specific target and may c rea= tea danger to others; also, other officers may mistake the intention and- subsequently shoot without appropriate justificati0n.=20 3.10 RESCUE SHOTS=20 A rescue shot identifies a location and signals for appropriate assist anc- e. Officers in danger of death or serious bodily injury and incapacita ted= to the extent they cannot signal in any other manner, may fire a resc Page 12 message.txt ue = shot. Officers must exercise reasonable care; e.g., shooting away from an= y other individuals, homes, vehicles, etc.=20 3.11 DESTRUCTION OF ANIMALS=20 A. Members: Members may use a firearm to kill a dangerous animal or to te= rminate the suffering of a critically injured or sick animal when othe r m= eans of disposal are impractical. Whenever possible, the owner of the ani= mal to be destroyed shall be contacted and written permission obtained I n the event the owner cannot be located, the identification of any ava ila= ble witnesses who will attest to the need to destroy the animal shall be recorded. Whenever the shooting of an animal is necessary, precautions sh= all be taken to protect any nearby persons or property. Ail actions sh all= be documented in the appropriate report.=20 B. Enforcement Officers: Enforcement officers may use a firearm to kil la= dangerous animal in self-defense. Whenever the shooting of an animal is = necessary, precautions shall be taken to protect any nearby persons or pr= operty.. Ail actions taken shall be documented in the appropriate repo rt.= =2O 3.12 REPORTING USE OF FORCE INCIDENTS=20 Ail officers involved in incidents where force or deadly force is used sh= all immediately report the incident in accordance with Department regu lat- ions.. Ail circumstances surrounding the incident, including the use o fa= ny lethal and/or less lethal weapons, etc., shall be documented in the ap= propriate investigative report. Care shall be taken to ensure accuracy in= reporting. Refer to AR 4-25, Internal Investigations, and OM7-2, Fiel Page 13 message.txt dR= eporting, for further guidance.-20 3.13 RENDERING MEDICAL AID=20 After employing any force, including lethal or less lethal weapons, me mbe= rs and enforcement officers shall render appropriate medical aid and r equ= est further medical assistance, when necessary, for the suspect and an yo= ther injured individuals, as soon as it is safe to do so. Any aid prov ide d shall be documented in the appropriate report.=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 14 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, January 21, 2003 10:04 AM To: update@nacole.org Subject: [NACOLE Update] Houston police chief's upcoming perjury trial stirs debate ..... Original Hessage ..... From: HLevy@texasmoni:hly.com [mailto:MLevy@texasmonthly.com] Sent: Sunday, .January 19, 2003 1:16 PH Subject: ,lan. 18, 2003, 9:IOPM Houston police chiefs upcoming perjury trial stirs debate By LISA TEACHEY Copyright 2003 Houston Chronicle C.O. Bradford, the first Houston police chief to be charged with a crime while in office, goes on trial Tuesday, accused of intentionally lying about cursing a subordinate. But if that sounds trifling -- one defense attorney calls the prosecution "bizarrely misjudged" - observers say it could resonate far beyond the courtroom, with consequences for others besides the suspended chief. The chief's financial supporters include former Mayor Bob Lanier, and a group of black ministers has charged that District Attorney Chuck Rosenthal would not have pursued such a case against a white police chief. And, in any case, a felony aggravated perjury charge is frequently difficult to prove. "You're going to have a trial that has political implications," said University of Houston political scientist and pollster Richard Murray. "You've got a first-term DA who got 2 to 3 percent of the African-American vote .... The fact that prominent political people support the chief means it's a divisive issue in the community." Bradford and his attorney say they do not believe the prosecution is racially or politically motivated. Rosenthal called the allegation "ludicrous." "I don't care whether I'm criticized or not," he said. "Either way. It's not going to determine what I do. I don't consider the color of people's skin when we consider charges." Rosenthal also took issue with the ministers' accusation that he is trying to hang Bradford on a "petty" point. "If it's excusable, get the Legislature to tell me which lles are OK and which are not," he said. If convicted of aggravated perjury, a third-degree felony, Bradford could face a range of punishment from probation to 10 years in prison. He could also lose his license as a certified Texas peace officer and his license to practice law. He has been suspended with pay -- and has temporarily surrendered his badge and his gun -- until the outcome of the trial. Under Texas law, it is misdemeanor perjury if someone "with intent to deceive and with knowledge of the statement's meaning" makes a false statement under oath. To prove aggravated perjury, prosecutors must convince a jury that Bradford's statements were made during an official proceeding and were material to the 1/21/03 Page 2 of 3 proceeding, That could be difficult. "Perjury cases are frustrating," said UH law professor David Crump. "The statute is reasonably clear. It's just hard to prove. This is not like a case where you have eyewitnesses, fingerprints, ballistics and where someone shot someone." The Bradford case dates to Nov. 14, 2001, when the chief issued a letter of reprimand to Capt. Mark Aguirre for using threatening language with subordinates. Aguirre was accused of calling officers under his command "sons of bitches" and "lazy bastards" and threatening to "chop (the officers') heads off starting at your anus" and "grind them up into dog patties and stomp them into pancakes." In issuing the reprimand, Bradford overruled a more serious punishment recommended by a disciplinary committee, which wanted Aguirre suspended for five days. Aguirre has since been indicted on unrelated charges of official oppression for ordering the mass arrests of hundreds of people at a westside Kmart. On May 22, Bradford was called to testify under oath at a grievance hearing in which Aguirre was appealing the reprimand. Bradford testified that he himself had used profanity in meetings with subordinates but never directed it at anyone specifically or in such a way as to threaten them. According to transcripts from that hearing, Bradford seemed to get tangled when Aguirre's lawyer, Terry Yates, asked about a specific meeting, during Tropical Storm Allison in June 2001, in which Bradford may have called Assistant Chief J.L. Breshears a vulgar name. "1 don't remember calling Joe that in any casual term, much less in a mandatorily called meeting where I'm talking to supervisors or subordinates. No, I categorically deny having done that. Do not have any recollection of it. And I would be thoroughly embarrassed. And if I did it, I would be wrong, and it's still not acceptable," Bradford said, according to the transcript. During the same grievance hearing, Breshears told Yates that the chief did call him the name, "mother ...... ." Breshears said he had testified to that effect during an earlier, unrelated hearing for another captain. Rusty Hardin, one of Bradford's attorneys, said Breshears was referring to a meeting in November 2000, but Bradford was never told that. "He (Bradford) didn't lie. He didn't remember at the time, and no one pointed him to the particular event," Hardin said. Crump said Bradford's "thoroughly confusing" answer under oath will be an obstacle for the prosecution. "If he's struggling to recollect even as he's speaking, it's hard to prove intent," Crump said. "Maybe there's something I don't see. The jury is going to have a hard time deciding how this smells like a crime, looks like a crime, sounds like a crime." Rosenthal said he would not comment on what trial strategy prosecutor Don Smyth will use. He said the perjury allegation was brought to his attention by Yates, who filed a complaint. It was turned over to Smyth, who heads up the governmental affairs bureau. The prosecution will be challenged by a trio of prominent lawyers who have said they are working for Bradford 1/21/03 Page 3 of 3 at a reduced rate because they believe in the chief. Hardin, perhaps best-known for representing the son of a Houston oil tycoon in his estate fight with Anna Nicole Smith, will be joined by Robert C. Bennett and George McCall "Mac" Secrest. They are known for their trial and appellate work on behalf of accused public officials and others, including executed pickax murderer Karla Faye Tucker. Others in the community have established a defense fund with a board to scrutinize donations for the appearance of impropriety and to handle the money. Bradford is not a signatory on the account. But former city attorney Gene Locke, who helped set up the fund, said Bradford will note all contributions and payments from the fund on required city financial disclosure forms. Lanier, who appointed Bradford as the city's second black chief in 1996, has donated $5,000. "I do support the chief," Lanier said. "I think very well of the chief. He's a good citizen." Hardin said neither he, the other defense lawyers nor the chief thinks the charges are racially or politically motivated. But Hardin criticized the prosecution. "We think it's a case of misguided justice to ever let it get this far," he said. "This is the most bizarrely misjudged prosecution in recent times." Michael R. Levy Founder & Publisher TEXAS MONTHLY Post Office Box 1569 Austin, Texas 78767-1569 direct dial: 512-320-6906 main:512-320-6900 fax:512-320-7350 cell & truck fone: 512-917-6935 digital pager (Texas): 512-606-0629 (or alpha/numeric via metrocall.com) mlevy@texasmonthly.com assistant: Pam Keller (512-320-6902) pkeller@texasmonthly.emmis.com http://www,texasmonthly.com TEXAS MONTHLY: If you want to be big in Texas. 1/21/03 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, January 21~ 2003 10:05 AM To: update@nacole.org Subject: [NACOLE Update] Houston Police Department lab audit has a way to go, critic ..... Original Message ..... From: HLevy@texasmonthly.com fmailto:MLevy@texasmonthly.com] Sent: Sunday, .January 19, 2003 1:35 PM Subject: ,]an. 19, 2003, 9.*13AM HPD lab audit has a way to go, critic says DNA testing may be repeated in 400 cases By PEGGY O'ItARE Copyright 2003 Houston Chronicle A forensic scientist who has publicly criticized the Houston Police Department crime lab said a move to retest crucial DNA evidence in cases handled by that lab is a beginning, but doesn't go far enough. Dr. Elizabeth "Libby" Johnson, who established the DNA laboratory at the Harris County Medical Examiner's Office in 1992 and is frequently hired by defense attorneys as a DNA expert, said every DNA case handled by the HPD crime lab in the 10 to 12 years that it has conducted such tests should be reviewed for errors. Harris County District Attorney Chuck Rosenthal said Saturday that several hundred cases -- perhaps as many as 400 -- will be retested since an independent audit last month found problems in the lab. Acting Houston Police Chief Tim Oettmeier ordered that audit after a KHOU-Channel 11 newscast in November questioned whether the lab was making errors and whether innocent people were going to prison or guilty people being set free. The audit was done by officials with the Texas Department of Public Safety crime lab and the Tarrant County medical examiner's crime lab. The DPS audit found deficiencies in procedure, training of lab personnel, interpretation and documentation of results, Rosenthal said. The audit also concluded that the lab was not compliant with FBI standards for DNA analysis. The police chief has suspended DNA testing in the lab until the deficiencies are corrected. Despite the problems discovered, Rosenthal said there was nothing to indicate anyone was wrongfully convicted or indicted. But Johnson -- a frequent critic of the HPD crime lab who has questioned whether its staffknows how to properly perform DNA tests -- alleged that was a "preconceived notion." Johnson has clashed with local authorities about DNA evidence before: she filed a whistle-blower lawsuit against Harris County after being fired from the medical examiner's office six years ago, claiming she was terminated partly because her analyses of DNA evidence didn't set well with prosecutors. 1/21/03 Page 2 of 3 Johnson later received a $375,000 settlement and now works as senior forensic scientist at Technical Associates in Ventura, Calif. "I'11 have to say, it's a start, if he's sincere about it," Johnson said Saturday of Rosenthal's announcement. "It is a beginning, that finally they had somebody else come in at their request and find the problems." "Maybe those cases have sent a wrong person to jail -- maybe some have been harmless errors in the long haul - - but you don't know. You won't know until somebody competent looks at those cases, and they are retested," Johnson said. But Rosenthal said the retesting is taking on a scope of unprecedented proportions and will center on hundreds of cases extending back over a number of years. "We are reviewing a huge number of cases," he said. "It's an expensive process, and I would not do it just to satisfy my curiosity." The problems within the HPD crime lab will have to be corrected in order for the district attorney's office to accept their findings, Rosenthal said. But just because an audit turned up problems didn't mean all the crime lab's conclusions were inaccurate or that those problems couldn't be corrected, he said. "I think it's going to turn out the analysis is correct, but the documentation and procedures were not correct," he said. "There's nothing we have so far that shows that a test identified the wrong person. If that happens, we'll take remedial steps. Until that happens, I'm not concerned about that." Rosenthal also said the head of the state attorney general's office criminal division contacted him Friday to report that they reviewed cases where federal writs are pending and found no problems. Oettmeier could not be reached at his home for comment Saturday night. Houston Police Department spokesman Joe Laud declined to respond directly to Johnson's remarks. An inquiry to determine who should be held accountable for the lab deficiencies is continuing. Like Johnson, attorney Jeff Sasser, who filed a motion for a new trial for an inmate whose case was featured in the KHOU report, also was skeptical of how authorities could be sure that no one was falsely convicted or indicted because of problems in the crime lab. "On one hand, they're saying obviously there's major problems over there -- and they're admitting to that, in a way, by stopping the DNA testing. It would be like if Ford came out and said, 'There's nothing wrong with our Ford Explorers -- they're perfectly fine -- it's just that we're not going to sell them anymore,' "he said. Sasser represents Cheray Jones, who is serving a three-year sentence for rape, concurrent with a 1 O-year sentence for aggravated assault. A motion seeking a new trial for Jones, filed after the KHOU broadcast about problems in the crime lab, is still pending. Jones, 28, has been in prison for about five years, his lawyer said. Rosenthal has said retests will be done on past and pending criminal cases where an accused person was identified based upon DNA analysis. DPS and the Harris County Medical Examiner's Office have agreed to assist. In many cases, however, retests may not be possible if the HPD lab consumed all the evidence the first time around. "The tragedy is in many of the cases, they have nothing to retest. And that is the only way to know if you came 1/21/03 Page 3 of 3 up with a faulty answer or not," Johnson said. "It's not as simple as (Rosenthal) might lead people to believe -- 'We'll just go back in the freezers and retest some of this stuff.' In a lot of these cases, there's nothing left because of the ineptitude of that (HPD) laboratory. It's not that they had to use it," she said. Rosenthal said he understands that concern. In cases where no evidence is left, he said, "we'll do the best we can to go back through the procedures and see if there were errors. If there were errors there that may have led to false conclusions, we'll have to look at those as they come up -- as best as we can with the record we have." HPD lab tests consumed all DNA evidence in the case of Lawrence James Napper, a 44-year-old Houston man sentenced to life in prison for the kidnapping and sexual assault of a 6-year-old boy. Napper's attorney, Bob Wicoff, said Napper's original defense team never conducted its own DNA tests because prosecutors claimed all the evidence -- DNA evidence taken from semen found on the boy -- had been used up in the HPD lab tests. Wicoff, an appellate attorney, said while Rosenthal's announcement was a pleasant surprise, it won't help Napper since there was nothing left in his case to test. Wicoff said he was hopeful that judges will approve motions for post-conviction DNA tests in cases potentially affected by problems in the HPD lab. Michael R. Levy Founder & Publisher TEXAS MONTHLY Post Office Box 1569 Austin, Texas 78767-1569 direct dial: 512-320-6906 main:512-320-6900 fax:512-320-7350 cell & truck fone: 512-917-6935 digital pager (Texas): 512-606-0629 (or alpha/numeric via metrocall.com) mlevy@texasmonthly.com assistant: Pam Keller (512-320-6902) pkeller@texasmonthly.emmis.com http://www.texasmonthly.com TEXAS MONTHLY: If you want to be big in Texas. 1/21/03 Page I of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, January 21, 2003 10:30 AM To: update@nacole.org Subject: [NACOLE Update] Gunfire tests no help in contested shooting Gunfire tests no help in contested shooting By JO ANN ZUlqlGA Copyright 2003 Houston Chronicle Gunpowder tests were "inconclusive" and failed to determine whether a Vietnamese man fired a gun before being killed by a deputy constable here, as police say. His friends say he was an innocent bystander. After hearing the results from the Harris County Medical Examiner's Office on Friday, the family of Truyen The Pham, 23, of Port Arthur sued the county, its medical examiner's office, the Precinct 6 constable's office, deputy constables Fred Castillo and Danny Avalos and the Houston Police Department. "We want access to evidence. They are not being open," said Chung Pham, brother of the victim, who was shot outside a Houston nightclub during a fracas on Jan. 5. The suit claimed evidence was being suppressed, including that Pham's leg was broken during the confrontation and that he could not stand and wave a gun at officers. Deputies said Pham was armed when he was shot four times in the back outside the Spy nightclub at Travis and Commerce in downtown Houston about2:30 a.m. Some witnesses, including two of Pham's friends, have said he was an innocent victim trying to protect his friends when he was mistaken for the gunman. Medical Examiner Dr. Luis Sanchez said three tests were conducted: on Pham's hands, the paper bags that protected his hands from contamination after the shooting, and his blue jeans and black T-shirt. All three proved "inconclusive," Sanchez said. "But," he added, "people would be wrong if they think inconclusive test results show that someone did not fire a gun. "We need to review the entire case and other factors, including the autopsy, type of ammo, weapon used, how the hands were protected afterward and the proximity of the weapon found to the body." Atomic absorption spectroscopy testing and even more precise scanning electron microscope testing were used to test for antimony, barium and lead, the main components of gunpowder, Sanchez said. "We did not find the three elements on his hands," he said. The tests on the bags and Pham's clothes, he said, showed "no unique particles" that would show gunpowder. Precinct 6 Constable Victor Trevifio has said his deputies are adamant that Pham fired a gun into a crowd and 1/21/03 Page 2 of 2 refused their orders to drop the weapon. Pham "was shot with the gun in his hand, and when he fell, the gun fell on the ground next to him," Trevifio said. He declined comment Friday and his office referred questions to the district attorney's office. "Certainly, it would be a lot better if we knew one way or another," Tommy LaFon, a prosecutor with the district attorney's police integrity division, said of the inconclusive finding. "But we will present all the evidence in full to the grand jury." LaFon estimated the case may not be presented for another two months. He is awaiting additional crime scene video, photos and written reports from the Houston Police Department as well as Pham's autopsy report. LaFon, who went to the scene the night of the slaying, said the gun, an uncommon Stallard 9 mm, ~vas found "at the feet of the suspect," Pham. Investigators are still tracking the gun's registration, he said, but it appears to have been stolen. Police have said Pham may have been a member of the "Asian Boys" gang, as he had such a tattoo on his stomach. The Pham family, whose father owns a shrimp and fishing boat, denied any gang connection. "All I know is, my brother is innocent," the victim's sister, Thuyen Pham, said at the office of Tammy Tran, the family's lawyer. "I believe my brother did not fire a gun. "These test results are very confusing. We wanted a yes or no." Pham's friends say he was trying to help subdue the real gunman and that the gun had already been knocked to the ground when Pham was killed. The family's lawsuit claimed wrongful death. "Truyen was a U.S. citizen, a devout Christian, a hard-working shrimper and a responsible son," it said. The lawsuit asks the court to protect the family's rights and grant them access to records. "Although police, the media and witnesses reported that Truyen was shot four times in the back, and there was no evidence he was shot in the leg, it was discovered later at the funeral home that Truyen's leg was broken," the lawsuit said. It speculated, "His broken leg indicates Trnyen broke his leg while wrestling with the real gunman, which means that Truyen could not stand and wave the gun at police. "Or it could mean that the medical examiner grossly mishandled his body and perhaps other evidence." The lawsuit asks for a court order to preserve and grant access to the evidence, including toxicology tests, the autopsy report, witness statements, the videotapes, the photographs, the clothes of the deceased and the bags, to prove the absence or presence of gunpowder. 1/21/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, January 21, 2003 12:35 PM To: update@nacole.org Subject: [NACOLE Update] Trial starts today for Houston's police chief +** eSafe detected a hostile content in this email and removed it. *** /Shortcut to Internet Explorer.ink Hsg %705 - The file type lnk,APPLICATION/OCTET-STREAH Jan. 21, 2003, ll:49AM Trial starts today for Houston's police chief Associated Press EXTRA i[] I The first Houston police chief to be charged with a crime , while in office is going on trial, accused of intentionally lying about cursing a subordinate. From the Chronicle Archives: · Police chief's perjury trial stirs debate - .lan. 19 The trial of Chief Clarence Bradford is expected to last · Bradford's current troubles belie an exemplary career - Sept. 22 · Bradford's lawyers release transcript of hearinq - Se~ot. 13 about a week. Jury selection began today. · HPD's chief indicted - Sept. 7 Bradford was indicted on Sept. 6 based on discrepancies that surfaced in a disciplinary case involving Houston police Capt. Mark Aguirre, a 23-year veteran. Bradford was called to testify under oath at a May 22 grievance hearing in which Aguirre was appealing a reprimand. Bradford testified that he had used profanity in meetings with subordinates but never directed it at anyone specifically or in such a way as to threaten them. According to transcripts from that hearing, Aguirre's lawyer, Terry Yates, asked about a specific meeting during Tropical Storm Allison in June 2001 in which Bradford may have called Assistant Chief J.L. Breshears a vulgar name. During the same grievance hearing, Breshears told Yates that the chief did call him the name. Breshears said he had testified to that effect during an earlier, unrelated hearing for another captain. Bradford has been suspended with pay -- and has temporarily surrendered his badge and his gun -- until the outcome of the trial. He maintains his innocence. If convicted of aggravated perjury, a third-degree felony, Bradford could face a range of punishment from probation to 10 years in prison. He could also lose his license as a certified Texas peace officer and his license to practice law. Under Texas law, it is misdemeanor perjury if someone "with intent to deceive and with knowledge of the statement's meaning" makes a false statement under oath. To prove aggravated perjury, prosecutors must convince a jury that Bradford's statements were made during an official proceeding and were material to the proceeding. 1/21/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 22, 2003 5:15 AM To: update@nacole.org Subject: [NACOLE Update] Rock Hill SC - Office resigns amid beating allegations This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJW6N; Wed, 22 Jan 2003 09:02:46 -0600 Received: through eSafe SMTP Relay 1042836042; Wed Jan 22 09:04:53 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18bMNG-0004AQ-00; Wed, 22 Jan 2003 09:01:06 -0600 Received: from mallard.mail.pas.earthlink.net ([207.217.120.48]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18bLZ0-0001xK-00 for update@nacole.org; Wed, 22 Jan 2003 08:09:10 -0600 Received: from bert.psp.pas.earthlink.net ([207.217.78.217]) by mallard.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18bLaM-0000HP-00 for update@nacole.org; Wed, 22 Jan 2003 06:10:34 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Wed Jan 22 0 6:10:34 PST 2003 Message-ID: <5365197.1043244634650.JavaMail.nobody@bert.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Rock Hill SC - Office resigns amid beating al legations Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Wed, 22 Jan 2003 06:14:54 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Officer resigns amid allegations=20 By Tim Eberly The Herald (Published January 22-E2=80=9A 2003)=20 A high-ranking officer with the Rock Hill Police Department resigned T ues= day morning after his superiors say he beat a 32-year-old man during a tr= affic stop in April.=20 At a press conference Tuesday afternoon, Police Chief Dave Fortson ann oun- ced the resignation of Lt. Derek G. Williams, a 13-year member of the pol= ice department, and said he referred that case and five others to the Sta= te Law Enforcement Division for possible criminal charges. As he has in the past, Fortson said excessive force by his officers wi 11 = not be tolerated. "Because of their leadership role and the positive m ode= 1, we expect from them, we.also believe that supervisors should be hel dr= o a higher standard," he added. Williams, 36, who was one of 12 lieutenants with the department, could no= t be reached for comment. During an internal investigation, Fortson said his department found fi ve -- incidents dating to 2001 that were "similar in nature" to the April al ret- cation that led to Williams' departure. Investigators have spoken to t hre= e of the five people in those cases. Ail of the incidents involved black males, though Fortson said William SI = April 11 assault on victim James "Duck" Walls was not racially motivat Page 2 message.txt ed. Walls' mother, Marguerite Moore, disagreed and said her son told his f ami- ly that Williams, who is white, spoke of the victim's race during the bea- ting.. Walls could not be reached for comment. Williams, the former head of the patrol services division, is the four th = Rock Hill police officer in a 13-month span to leave the department un der= allegations of misconduct. He is the second officer in the past four mon= ths to leave amid police brutality allegations. Patrol officer David O liv= er, 23, resigned in October after Fortson said the two-year officer us ed - an expandable baton to beat a 20-year-old Rock Hill man on Bynum Avenu "Most of you have been to a couple of these (press conferences) over t he - past 12 months," Fortson told more than a dozen members of the local m edi- Williams was Oliver's supervisor on the night shift, also called the" D-s= hift," and Oliver was present during the April incident. Questions about Williams' policing tactics arose during the probe into O1= iver, Fortson said. An unnamed source reported that Williams beat Wall ss- hortly after a traffic stop near his Harrison Street home. Internal investigators then spoke with Walls, who corroborated the sro ry. At 2 a.m. April 11, Williams spotted a 1985 Toyota parked in the roadw ay = at the intersection of Friedheim Road and Harrison Street. Walls, a passenger in the Toyota, jumped out of the car and approached Wi= Page 3 message.txt lliams in an aggressive manner, according to a Rock Hill police report wr= itten by Williams. Walls' mother acknowledged her son has a quick temp er. The report stated that Williams told Walls, who was cursing at him, to si= t in the vehicle. Fortson said the two men exchanged words. Williams told Walls he was under arrest when Walls continued cursing 1 oud- ly, the report said. Walls then fled on foot toward his home several b loc= ks away. Before he was apprehended in a wooded area, Walls ran through his yard an= d banged on his mother's bedroom window for help, Moore said. However, Mo- ore and Walls' stepfather were asleep. Oliver reached Walls first and detained him on the ground, Fortson sai d. = Williams arrived soon after, jumped on Walls and pressed his knees int oW= alls' back, Fortson said. Walls was not resisting or fighting back, he sa= id. He also punched Walls several times in the head in front of Oliver, wh od- id not participate in the beating, Fortson said. Moore said her son told her the officer kicked him as well. "You don't even do dogs like that," Moore, 57, said Tuesday afternoon. ou don't kick animals." The incident report stated Williams handcuffed Walls after a "brief st rug= glo." Fortson said Walls suffered chest pain, but no serious injuries. Moore sa- id her son "could hardly walk the next day," had several bruised or cr ack- ed ribs and a swollen head. Page 4 message.txt That morning, Walls was charged with disorderly conduct and resisting err= est. After missing a court hearing, he was later arrested on an outsta ndi= ng bench warrant and served a 30-day sentence. A former member of the Special Weapons and Tactics team, Williams list ed = himself as a victim in the police report. Contact Tim Eberly at 329-4063 or teberly@heraldonline.com. =20 Copyright =C2=A9 2003 The Herald, South Carolina=20 =20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net1 Sent: Wednesday, January 22, 2003 5:18 AM To: update@nacole.org Subject: [NACOLE Update] Miami FL - Miami Officers' Corruption Trial Begins This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJW6M; Wed, 22 Jan 2003 09:02:46 -0600 Received: through eSafe SMTP Relay 1042836042; Wed Jan 22 09:04:53 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bMNL-0004Ag-00; Wed, 22 Jan 2003 09:01:11 -0600 Received: from mallard.mail.pas.earthlink.net ([207.217.120.48]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18bLbm-00025q-00 for update@nacole.org; Wed, 22 Jan 2003 08:12:02 -0600 Received: from bert.psp.pas.earthlink.net {[207.217.78.217]) by mallard.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18bLd8-0003XN-00 for update@nacole.org; Wed, 22 Jan 2003 06:13:26 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Wed Jan 22 0 6:13:26 PST 2003 Message-ID: <7759351.1043244806614.JavaMail.nobody@bert.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Miami FL - Miami Officers' Corruption Trial B egins Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Wed, 22 Jan 2003 06:17:46 -0500 {EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Miami Officers' Corruption Trial Begins Corruption Trial Begins for Miami Officers Accused of Planting Guns or Ly= ing About Cases The Associated Press -20 MIAMI Jan. 22 =E2=80=94=20 A prosecutor said 11 Miami police officers saw themselves "as being ab ove= the law" and covered up their involvement in four police shootings in th= e 1990s. The officers planted guns, or lied about it, at the shootings that lef tt= hree men dead and a fourth wounded, prosecutor Curtis Miner said Tuesd ay = at the officers' trial on federal corruption charges. "They were part of a clique that saw themselves as different from othe ro= fficers on the force. They saw themselves as untouchable," Miner said. Th e case is "about cops who went too far, who crossed the line between w hat= is right and what is wrong." Miner told jurors they won't be asked to decide whether the shootings wer= e justified but whether the officers later reached an understanding to ob= struct justice by covering up misconduct. Defense attorney William Matthewman called the conspiracy case "a flaw ed = prosecution" and asked jurors to reject "any so-called super-duper" pl ot by officers assigned to special street-crime units. Only one of the officers is tied to all four shootings from late 1995 to = mid-1997, when the city was fighting bad publicity internationally abo ut = Page 2 message.txt violent tourist robberies. Each defendant could face 10 years in priso hi= f convicted. The first witness was to be called Wednesday. The trial is expected to la= st three to five months. The police scandal was the city's worst since the 1980s, when rogue of fic= ers stole cocaine from drug dealers to resell. Community outrage over doz= ens of officer-involved shootings has led to a chief's resignation, po lic y changes and the creation of a civilian shooting review board with su bpo= ena powers. The shootings in question include the slayings of two men who robbed t our= ists then jumped off an overpass to get away from police; the SWAT-tea mk- illing of a 72-year-old man described by Hatthewman as "an armed drug dea- ler"; and the wounding of a drunken homeless man carrying a Walkman. In all cases, prosecutors say weapons were planted near the victims, i ncl- uding two handguns seized in arrests but never booked as evidence in t he = police property room. The defense contends police reports of armed sus pec= ts were correct in each case. The key prosecution witnesses are two officers who retired and pleaded gu= ilty to conspiracy in exchange for leniency. Defense attorney Harry So lom= on said they "cut a deal to save their own souls." =20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 3 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 22, 2003 5~23 AM To: update@nacole.org Subject: [NACOLE Updatel Louisville KY - Misconduct trial opens for former drug detectives Misconduct trial opens for former drug detectives By Gregory A. Hall ghall@courier-journal.com The Courier-Journal Wednesday January 22, 2003 Former Metro Narcotics detective Mark Watson was a soldier in the war on drugs who bent the rules but provided a valuable service to the co~unity, according to his lawyer. Christie Richardson, who worked with Watson, was a loyal partner who put too much trust in the wrong person, her attorney said. But a prosecutor in one of the largest police misconduct trials in Jefferson County disputed both descriptions -- made in opening arguments yesterday during the officers' trial in Jefferson Circuit Court. ''Every war has its traitors,'' Assistant Co~onwealth's Attorney Jonathan Dyar said. ''You're looking at them.'' The former detectives, who have pleaded innocent to hundreds of counts, are accused of stealing payments to informants, creating search warrants by lying or photocopying judges' signatures, and theft. Richardson's attorney, Steve Schroering, sounded more like a prosecutor as he made it clear that his client's defense would hinge on blaming Watson for any wrongdoing. ''Christie Richardson should not be here today,'' and she will take the stand to explain her story, Schroering said. An attorney for Watson, Mary Sharp, said her client bent rules in his fight against illegal drugs but did not profit from those shortcuts. ''As you hear the testimony, remember the benefits our community has reaped from his efforts,~' she said. In his opening, Dyar said both detectives had destroyed the document they were sworn to uphold -- the U.S. Constitution. Holding a copy of the Constitution, }yar asked the jurors not to lose sight of it among the dozens of warrants, payment forms and other documents they will have to consider. ''It's the document that matters most in this case. And it's the document that they had this much care for,'' he said, crumpling it. Watson and Richardson, who resigned from the county police last year, are accused of creating bogus search warrants with photocopied judges' signatures, with obtaining warrants through the use of fraudulent affidavits and with obtaining payments for informants who say they never got the money. The charges include burglary, possession of a forged instrument, tampering with public records, bribing a witness, theft, perjury and official misconduct. In addition, Watson faces one count of harassing a witness. If Watson, 39, and Richardson, 36, are found guilty of all the charges against them, they could be sentenced to up to 70 years in prison. Their alleged misdeeds occurred over about 13 months, starting around January 2001, and the two are accused in connection with 133 separate incidents of wrongdoing, according to court records. Jefferson Circuit Judge Steve Mershon seated 16 jurors for the case -- four of whom will be designated later as alternates. Dyar began his opening statement reciting the oath that Watson and Richardson both took to become county police officers. Watson and Richardson both were ''star players'' in Metro Narcotics, a joint agency of Louisville and Jefferson County, Dyar said. The number ef cases they brought exceeded what other detectives did, he said. ''Their statistics were inflated by corruption of staggering proportions,'' he said. In Watson's opening, Sharp questioned the credibility of prosecution witnesses -- suspects in drug cases and confidential informants -- and the motives they would have for testifying. She said that her client is a scapegoat for a poorly operated narcotics unit and that supervisors didn't follow procedures for reviewing detectives' work. ''Hetre Narcotics was sloppy,'' she said. ''It was not well-run.'' Watsen's zeal for removing drugs from the streets prompted him te bend rules, she said. ''He's admitted that and he may get up here (eh the witness stand) and tell you that himself,'' she said. Burglary charges require someone to break into a building with the intent to co~it a crime, but Sharp said no evidence supports anything other than Watson entering a residence to remove illegal drugs, guns or drug money. ''His only intention was to stop the crime going on inside,'' she said. ''And that's his job.'' Regarding allegations that Watson made up cases, Sharp said he would let some people go after taking their drugs if they would give him the names of three dealers, she said. In his opening for Richardson, Schreering sought to separate his client from Watson, asking jurors to look at each defendant individually. Evidence shows that Watson wrote Richardson's name on false citations and signed affidavits en the warrants with photocopied judges' signatures, Schroering said. The indictment, however, in the counts where beth are charged, said they acted alone er in conjunction with eno another. Richardson did sign as a witness te payments te informants, Schroering said, because she trusted Watson. The paperwork routinely would be done at the office after the transaction, the lawyer said. Richardson didn't knew of any wrongdoing, Schroering said. ''She trusted Hark Watson just like the supervisors trusted him,'' Schroering said. ' ' · She trusted him with her life, and that was a bad decision. That trust was what has destroyed her career.'' In the war on drugs, Watson became a ''criminal,'' Schroering said, ''but I'm asking you, don't let him destroy her.'' Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 22, 2003 5:27 AM To: update@nacole.org Subject: [NACOLE Update] Chattanooga TN - Conviction of ex-officer upheld (full text) This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D2MDJW6R; Wed, 22 Jan 2003 09:03:02 -0600 Received: through eSafe SMTP Relay 1042836042; Wed Jan 22 09:05:09 200 3 Received: from localhost ([127.0.0.1] helo gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bMNW-0004BQ-00; Wed, 22 Jan 2003 09:01:22 -0600 Received: from gull.mail.pas.earthlink.net ([207.217.120.84]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bLks-0002SB-00 for update@nacole.org; Wed, 22 Jan 2003 08:21:26 -0600 Received: from bert.psp.pas.earthlink.net ([207.217.78.217]) by gull.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18bLmE-00006a-00 for update@nacole.org; Wed, 22 Jan 2003 06:22:50 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Wed Jan 22 0 6:22:50 PST 2003 Message-ID: <2870956.1043245370390.JavaMail.nobody@bert.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset-646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Chattanooga TN - Conviction of ex-officer uph eld (full text) Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Wed, 22 Jan 2003 06:27:01 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Conviction Of Former Police Officer Jackson Upheld posted January 21, 2003 The Tennessee Court of Criminal Appeals has upheld the conviction of f orm= er Chattanooga Police officer Harold Jackson Jr. The 14-year veteran was convicted of official misconduct and evidence tam= poring in a case heard by Judge Steve Bevil. He had appealed on a challenge to a search. Here is the full opinion: 20 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs August 20, 2002 STATE OF TENNESSEE v. HAROLD JACKSON, JR. Direct Appeal from the Criminal Court for Hamilton County No. 230642, 230643 Stephen M. Bevil, Judge No. E2002-00137-CCA-R3-CD January 16, 2003 Following his jury convictions for official misconduct and evidence ta mpe= ring, the defendant appealed the trial court's denial of his motion to su- ppress evidence which he alleged had been obtained as a result of a wa rra- ntless entry and search of his apartment. Because the record demonstra tes= that the defendant voluntarily produced the evidence and consented to it= s seizure without a warrant, we affirm the trial court. Tenn. R. App. P. 3; Judgment of the Criminal Court is Affirmed. JAMES CURWOOD WITT, JR., J., delivered the opinion of the court, in wh ich- GARY R. WADE, P.J., and ROBERT W. WEDEMEYER, J., joined. Page 2 message.txt Lee Davis, Chattanooga, Tennessee, for the Appellant, Harold Jackson, Jr. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assista nt - Attorney General; William H. Cox, District Attorney General; and Chris top= her Poole, Assistant District Attorney General, for the Appellee, Stat eo- f Tennessee. OPINION The sole issue before us on appeal is whether the trial court should h ave= suppressed evidence that the defendant insists was obtained as a resu it = efa warrantless entry and search ef his apartment. The trial court ru led= that an investigating officer's use of a pass key to gain entry into the= defendant's apartment constituted an unreasonable search and seizure, in= violation ef the Fourth Amendment te the United States Constitution, but= that the evidence was, nonetheless, admissible because it would have bee= n inevitably discovered. On appeal, the state defends the trial court' si= nvocation of the inevitable discovery doctrine, but it also posits tha at any rate, the defendant expressly consented to the entry of his res ide= nce and the resultant confiscation of-20 =20 evidence. As we shall explain, the evidence at issue was properly adm itt= ed in the state's prosecution, and we therefore affirm the trial court ~s = denial of the defendant's motion to suppress. I The facts in this case are, by and large, undisputed. In the early mor g hours of October 27, 1999, a gang-related shooting occurred in the p ark= ing lot of the Voyager Club on Tunnel Boulevard in Chattanooga. The vi Page 3 message.txt cti m, Lawrence Duke, died at the scene. The following day, the body of Du ko.= s assailant, Samuel Petty, was found behind a house a few blocks from the- lounge. Petty had a lethal, self-inflicted gunshot wound to the head and= a second gunshot wound to his leg. At the time of these violent incidents, Harold Jackson, Jr., the defen den= t, was a fourteen-year veteran officer with the Chattanooga Police Dep art- ment.. His assigned patrol area was sector C-14, which did not include th= e Voyager Lounge. The defendant, however, had an agreement with the ow ner of the lounge. Without police department approval and while on duty, the= defendant would periodically leave his patrol sector, drive by the lo ung= e, and make Aspot checks,@ thereby providing a recognizable law-enforc eme= nt presence in the immediate vicinity. The lounge owner paid the defen dan= t $50 per evening for the spot checks. As fate would have it, the defendant was in the vicinity of the lounge wh en Petty shot Duke. The defendant heard the gunshot. Knowing that he w as = outside of his assigned district without permission, the defendant did no= t report the shooting, but he went to the scene. The defendant encount ere= d a crowd in the lounge=3Ds parking lot, and he observed Duke's lifele ss = body. Some people in the crowd were screaming, and others were pointin g t= o the back of the lounge as the direction where the shooter had gone. The= defendant walked in the indicated direction. The lighting conditions in = the back of the building were poor, and as the defendant made his way, he= drew his weapon.=20 At trial, the defendant testified that, with his weapon drawn, he scan Page 4 message.txt ned- the area looking for the suspect. The defendant said that he decided to return to his vehicle; but when he turned, he stumbled. As he fell, ac cor- ding to the defendant, his weapon accidently discharged. The defendant pr= ofessed no knowledge of what, if anything, his bullet may have struck. Af= tar the defendant recovered, he resumed his trek to the police cruiser d left the area. At trial, the defendant testified that he was afraid of being suspende d f= rom work or terminated from the police force. Therefore, instead of re mai= ning at the scene and reporting what had happened, the defendant attem pte- d to stage a coverup. He quickly came under suspicion, however, by the of= ficers who were later dispatched to investigate the shooting. Witnesse s a= dvised the officers that the defendant had been in the area around the ti me of the shooting. In addition, after Party's body was discovered, ot her= witnesses reported seeing a police officer chase after and shoot Pert y. =20 In response to questioning by his immediate supervisor and other inves rig ators, the defendant initially fabricated an explanation that he had d epa= rted his assigned sector for the purpose of getting a sandwich; he did no= t disclose his arrangement with the lounge owner, his presence in the are- a when the shooting actually occurred, his pursuit of the suspect, or the= discharge of his firearm. This explanation was embellished after the daf= endant was ordered to write out a memorandum stating why he had been o ut of district and what he had been doing. The defendant wrote that he re cai= veda phone call about the shooting and that he went to the lounge to che= Page 5 message.txt ck on a friend. Some people at the scene showed him the direction in w hic= h the suspect had fled, and he searche d unsuccessfully for awhile before leaving to return to his patrol sec tot. The defendant's accounts did not allay police concerns, particularly a fte= r Petty's body was found and the bullet in his leg was recovered. Unce rta inty and suspicion about the leg wound then intensified when the defen dan= t called in sick and did not report for duty the next evening. Detecti ves Tim Carroll and Mike Mathis were dispatched to the defendant's apartm ent =2E The detecti%es gained entry to the a~artment and found the defenda nt - inside. They asked for and the defendant turned over to them his servi ce = weapon and several rounds of ammunition. The detectives issued a repla cem- ent firearm to the defendant and scheduled an interview with him the f oil- owing morning. The detectives submitted the defendant's firearm to the Te= nnessee Bureau of Investigation's Crime=20 -20 Lab for ballistics testing and comparison with the bullet removed fro mP= etty's leg. The defendant arrived late for his scheduled interview. Detective Cart o11= warned the defendant that they would find out through ballistics test ing= whether he had fired his weapon. The defendant then admitted that his gu- n had accidently discharged when he fell while searching for the suspe ct.- The defendant claimed that he was too embarrassed to report the disch arg= e. When asked if he had cleaned the firearm, the defendant told the de tec= rives that he had wiped off the gun with a cloth to remove the dirt fr om = his fall. Page 6 message.txt The next day, October 30, the TBI reported to the detectives that the bul let recovered from Petty's leg had been fired from a model 5906 Smith &W= esson, the same type of weapon collected from the defendant. The balli sti= cs examiner could not, however, determine if the defendant=3Ds gun had fi= red the recovered bullet because the gun barrel had been altered by so meo- ne inserting a metal object into the muzzle producing gouge marks that al tered the rifling of the barrel. Armed with this new information, the der= ectives executed a search warrant for the defendant's apartment on Sun day= , October 31. The defendant was present, and the officers informed him th= at they were looking for an instrument or tool that would have caused the= damage to the gun bazrel. The defendant said that he would show the officers what he used to clean the gun, a nd = from his bedroom he produced a brown tee shirt and a police department ba- dge.=20 The defendant subsequently resigned from the Chattanooga Police Depart t and obtained substitute employment in Atlanta, Georgia with a person al security/body guard service. II For the defendant's actions and omissions, the Hamilton County Grand J ury- returned indictments charging official misconduct, in violation of Co de = section 39-16-402, and evidence tampering, in violation of Code sectio n3= 9-16-503. See Tenn. Code Ann. '' 39-16-402(a) (4 , -503(a) (1) (1997). 39-16-402. Official misconduct. B (a) A public servant commits an offe nse= who, with intent to obtain a benefit or to harm another, intentionall Page 7 message.txt yo= r knowingly: .... 20 (3} Refrains from performing a duty that is imposed by law or that is cle= arly inherent in the nature ef the public servant's office or employme nt [= -2E] .=20 39-16-503. Tampering with or fabricating evidence. B (a) It is unlawfu if= or any person, knowing that an investigation or official proceeding is pe= nding or in progress, to: (1} Alter, destroy, or conceal any record, document er thing with into nt - te impair its veracity, legibility, or availability as evidence in the in- vestigation or official proceeding[.] The prosecutien=3Ds theory for official misconduct was based on the de fen- dant's failure, inter alia, to summon an ambulance for Duke who had be en = shot in the parking lot, to report the homicide when it occurred, to a dvi= se that he was in pursuit of a suspect, to establish a crime scene, an dt o remain at the scene to provide information and assistance to the inv est= igators assigned to the case. The intended benefit to the defendant wa sp- reserving his employment with the police department. As for evidence t amp= ering, the state relied on the damage to the gun barrel, which prevent ed = the TBI from conclusively matching the bullet from ?etty's leg with th et- est-fired bullets from the defendant's weapon. The defense theory was tha= t although the defendant admittedly exer cised poor judgment, his mistakes did not rise to the level of crimina Page 8 message.txt lc= onduct. The defendant insisted that he ultimately admitted his mistake s a= nd fully cooperated with the investigating officers. The defendant als oi= nsisted that he never criminally tampered with his service weapon; rat her , he merely cleaned it using a badge. Pretrial, the defendant moved to suppress his service weapon, seized b yt- he officers who entered his apartment, and to suppress the subsequent hal listics testing and all other fruits derived therefrom. The trial cour tc- onducted an evidentiary hearing and denied the motion. At trial, the j ury= rejected the defense theory and found the defendant guilty as charged T- he trial court sentenced the defendant to four years for the Class C e vid= ence-tampering conviction and to one year for the Class E official mis con duct conviction. The trial court ordered service of the sentence by pl aci= ng the defendant on supervised probation for five years, with 150 days of= community service.. The defendant moved for a new trial, raising the suppression issue. Th em- otion was denied, and the defendant timely appealed. III We now turn to the evidence elicited at the suppression hearing regard ing= the circumstances surrounding the officers=3D entry into the defendan apartment and the subsequent confiscation of the defendant's service wee= pon. After the body of Petty, the suspect in Duke=3Ds shooting, was discove red= , Lieutenant Angel contacted Sergeants Mathis and Carroll and briefed the= m about his concerns that the defendant had been at the scene when Duk Page 9 message.txt e=3D= s shooting occurred and that the defendant was being untruthful about his= involvement. The lieutenant assigned the officers to conduct an indep end ent investigation of the defendant's activities.=20 Sergeant Mathis testified at the suppression hearing that as part of h is - investigation, he decided to interview the defendant later that evenin g w= hen the defendant reported for work. When, however, Sergeant Mathis co nta= cted the police department to find out when the defendant would come o n d= uty, he learned that the defendant had reported in sick. From the depa rrm= ent, Sergeant Mathis got the address of the defendant's apartment comp lex= but not the specific apartment number. Mathis and Carroll drove to the apartment complex, found the defendant patrol car, and called the defendant's home telephone number. Mathis 1 eft- an urgent message on the answering machine for the defendant to conta ct him. A neighbor in the apartment complex assisted the officers in iden tif- ying the defendant's particular apartment. The officers knocked on the de= fendant's door repeatedly, but no one answered. Mathis made another un sucTM cessful attempt to reach the defendant by telephone, at which point Ma thi= s testified that he Agrew concerned about Officer Jackson=3Ds safety.@ Be cause the defendant had called in sick, department policy required him to be at home. Mathis explained that if the defendant thought he was res pon- sible for Petty's death, the defendant" might do something to himself or harm himself." Later, Mathis and Carroll contacted Officer Robert Evans, the defendan t's close friend, and asked Evans to meet them to see if he could get the Page 10 message.txt de= fondant to answer the door. Evans came, but he was equally unsuccessfu 1. = Evans then procured a pass key from a security officer at the apartmen tc= omplex and announced that he was going to enter and check on the defen dan- t. Mathis testified that he was opposed to using the pass key to gain ent= ry, but Evans was undeterred. Mathis observed Evans put the key in the do= or, open the door, and yell, "Hey, Harold. Harold, it's Robert." The d efe- ndant appeared and explained that he had been sleeping. Evans told the de= fendant that Mathis and Carroll had been trying to get him to come to the= door, whereupon the defendant said, " Well, ya'll come on in."-20 The men went inside, and the defendant went to the bedroom to change c lot= hes. When the defendant returned, Mathis explained that he needed to t ake= the defendant's service weapon to perform ballistics comparisons in a n e= ffort to eliminate any question that the defendant was involved in the sh= ooting. Mathis testified that the defendant indicated that turning ove r t= he gun was not a problem because the gun was police department propert y. = Mathis followed the defendant into the bedroom where the defendant ret tie= ved the weapon and gave it to Mathis. Before leaving, Mathis issued th e d- efendant another service weapon. In response to questioning by the trial court, Mathis testified that h ed= id not obtain a search warrant before going to the defendant=3Ds apart men= t because he was informed that the service weapon was city property an dt- hat he was allowed to confiscate it. Mathis also insisted that althoug ho= ne of the purposes in going to the apartment was to obtain the gun, he Page 11 message.txt wo= uld not have conducted a search for the gun. Had the defendant told hi mt= o leave, Mathis said that he would have considered other alternatives for= obtaining the weapon.-20 When the case went to trial, Sergeant Carroll testified about his inve sti- gation of the defendant's activities on the evening of the shooting. R ega- rding the defendant's weapon, the state elicited from Carroll only tha th= e went to the defendant's apartment and that after locating the defend ant- , the officers obtained the service weapon.=20 The defendant testified at trial. On cross examination, the defendant att= empted to emphasize his cooperation with the officers by suggesting th at when the officers knocked on the apartment door, he invited them in an dr= urned over the gun when the officers asked for it. On redirect examina tio= n, the trial court ruled that by going into the defendant's cooperatio n w= ith the officers, the defendant had opened the door for the state to s how that the defendant had not answered his apartment door and to show mo re = particularly how the weapon was recovered. See State v. Johnson, 743 S 2d 154, 159 (Tenn. 1987) (rebuttal testimony appropriate to contradict fa= lse impression created by defendant that he was cooperating voluntaril yw= ith investigating authorities). IV A. Standard of Review When reviewing a trial court's findings of fact and conclusions of law a motion to suppress evidence, we are guided by the standard of revie w s= et forth in State v. Odom, 928 S.W.2d 18 (Tenn. 1996). Under this stan Page 12 message.txt dar= d, "a trial court's findings of fact in a suppression hearing will be uph= eld unless the evidence preponderates otherwise." Id. at 23. However, whe= n the trial court does not set forth its findings of fact upon the rec ord= of the proceedings, we will decide on our own where the preponderance of= the evidence lies. Fields v. State, 40 S.W.3d 450, 457 n.5 (Tenn. 200 1);= see also Ganzevoort v. Russell, 949 S.W.2d 293, 296 (Tenn. 1997). As in - all cases on appeal, Athe prevailing party in the trial court is affor ded= the "strongest legitimate view of the evidence and all reasonable and legitimate inferences that may be dra wn = from that evidence." See State v. Carter, 16 S.W.3d 762, 765 (Tenn. 20 00): (quoting State v. Keith, 978 S.W.2d 861, 864 (Tenn. 1998)). Furthermo re,= we review the trial court's conclusions of law under a de novo standa rd - without according any presumption of correctness to those conclusions. Se= e, e.g., State v. Walton, 41 S.W.3d 75, 81 (Tenn. 2001); State v. Crut che= r, 989 S.W.2d 295, 299 (Tenn. 1999). Last, we are mindful that in eval uat ing the correctness of a trial court=3Ds ruling on a pretrial motion t o s= uppress, appellate courts may consider proof adduced both at the suppr ess= ion hearing and at trial. State v. Henning, 975 S.W.2d 290, 299 (Tenn. 19- 98). B. Warrantless Entry of Residence At the conclusion of the suppression hearing, the trial court ruled th at - gaining entry to the defendant's apartment by use of a pass key was a vio= lation of the Fourth Amendment. Pursuant to the testimony presented, t he = trial court said that no exigent circumstances had been shown to justi Page 13 message.txt fy = the warrantless entry. The officers, for example, were not in hot puts uit- of fleeing a felon, and they did not have reason to believe that the def= endant was about to destroy evidence inside the dwelling. Although the of- ficers may have had a hunch that something was wrong, the trial court fou= nd that the officers lacked a legitimate reason to suspect that the de fen= dant was a danger either to himself or anyone else.=20 The trial court's findings and analysis are well supported and correct in= our view. The Fourth Amendment to the United States Constitution and Art= icle I, section 7 of the Tennessee Constitution guarantees that citize ns - shall be free from unreasonable searches and seizures. These guarantee s e= xist to "safeguard the privacy and security of individuals against arb itt= ary invasions of government officials." Camara v. Municipal Court, 387 U. S. 523, 528, 87 S. Ct. 1727, 1730 (1967); see State v. Downey, 945 S.W .2d= 102, 106 (Tenn. 1997). Nowhere is a citizen's expectation and right t o p- rivacy greater than when in his or her own home, so much so that a bed roc= k principle of Fourth Amendment law is that "Asearches and seizures in sid- e a home without a warrant are presump tively unreasonable." Payton v. New York, 445 U.S. 573, 586, 100 S. Ct 1 371, 1380 (1980) . The state argues that the officers' entry into the apartment was prope rb= ecause the men were invited inside by the defendant. This argument beg st= he initial question as to the propriety of using the pass key to open the= locked door. The Fourth Amendment paints a bright line at the entranc et= o the dwelling. The Supreme Court has emphasized, "Absent exigent circ Page 14 message.txt ums- tanoes, that threshold may not reasonably be crossed without a warrant Id. at 590, 100 S. Ct. at 1382; see Sabbath v. United States, 391 U.S. 58= 5, 590, 88 S. Ct. 1755, 1758 {1968) ("An unannounced intrusion into a dwe lling is no less an unannounced intrusion whether officers break down oor, force open a chain lock on a partially opened door, open a locked do- or by use of a passkey, or . open-20 -20 a closed but unlocked door." C. Consent Once the officers gained entry to the defendant's apartment, they were ab= le to obtain the defendant's service weapon. The trial court ruled tha t "= of course, once inside, obtaining the weapon, would be the fruits of t he = poisonous tree in violation of the Fourth Amendment protection against un- reasonable searches and seizures." The state insists that the defendant invited the officers to come insi de - his apartment, after which he voluntarily consented to the relinquishm ent- of his service weapon.=20 Although the use of the pass key to open the door was, as the trial co urt= found, an unreasonable search and seizure, the evidence is uncontradi cte= d that the defendant invited the officers to come inside the apartment S= ergeant Mathis testified at the suppression hearing that Officer Evans op ened the apartment door and yelled for the defendant. When the defenda nt appeared in the hallway, Officer Evans told the defendant that Sergean ts = Mathis and Carroll had been trying to summon the defendant to the door A- t that point, the defendant said, "Well, ya'l come on in." Page 15 message.txt When voluntary and knowing consent is extended to enter a residence, a wa= rrant is not required. See United States v. Matlock, 415 U.S. 164, 169 -70= , 94 S. Ct. 988 (1974); State v. Wilson, 990 S.W.2d 726, 730 (Tenn. Cr im.= App. 1998). Because the officers in this case did not seek the defend ant= =3Ds permission to come inside his apartment, it could be argued that con= sent is not an issue. Consent, however, has been found in situations i nvo= lying an implied request for entry. See State v. Steven Lloyd Givens, No.= M2001-00021-CCA-R3-CD, slip op. at 3 (Tenn. Crim. App., Nashville, No v. 29, 2001) (defendant=3Ds mother, knowing that the officer was looking for- her son, voluntarily invited the officer into her home and directed h im = to her son; warrantless entry proper based on consent), perm. app. denied (Tenn. 2002) ; State v. Miles Mateyko, No= =2E 01C01-9806-CC-00268 (Tenn. Crim. App. 1999) (defendant opened trai let= door in response to officer 3Ds knocking; defendant advised that offi cer= had come to look into welfare of children; defendant said Aokay@ or A com= e in@ and then backed away to allow officer to enter; based on defenda nt=3D= s consent, entry into trailer was reasonable), aff=3Dd in part, rev=3D d i= n part on other grounds, 53 S.W.3d 666 (Tenn. 2001). The defendant's invitation in this case, "Well, ya'll come on in," was un= equivocal and, in our opinion, constituted consent for the warrantless en- try. The defendant knew the identity of the people gaining entry to hi S a= partment, and nothing in the record suggests that the invitation was a nyt hing other than voluntary and knowing. In the more typical situation, the purpose of law enforcement gaining Page 16 message.txt ent ry to a dwelling is to actively search for someone or some type of evi den= ce. Absent a warrant, the issues often become whether consent to searc hr= he premises was obtained and whether the search exceeded the scope of the- consent obtained. In this case, however, no search ensued; Sergeant M ath= is testified, in fact, that it was not his intention to conduct a sear ch = for the gun and that had the defendant ordered them to leave, Mathis w oul d have had to resort to other avenues for obtaining the weapon. Pursua nt = to the testimony elicited, Sergeant Mathis told the defendant at the t ime= that Mathis wanted the service weapon so it could be submitted for ba lli= stics testing and that Mathis would be issuing the defendant a replacement service weapon. The defendant res pon= ded by retrieving the weapon from his bedroom and turning it over to M ath is. We have searched for a similar fact pattern, and our research has led us = to State v. Linda Hinkle, No. 03C01-9902-CR-00061 (Tenn. Crim. App., K nox- ville, Dec. 10, 1999). In that case, federal and state agents went to the= defendant's house to deliver a package addressed to the defendant. Si ip = op. at 3.. The defendant declined to accept the package, but permitted th= e postal agent to open it. Id. Approximately one-half pound of marijua ne - was inside the package. Id. As the agents were opening the package the yn oticed that the defendant repeatedly put her hands inside her pockets. Id 2E The agents asked her to take her hands out of her pockets. Id. Whe nt- he defendant again put her hand in her left pants pocket, one agent as ked= her "to show him that she did not have=20 Page 17 message.txt -20 a weapon in her pocket." Id.. In response, the defendant removed her hah d from her pocket and produced nine foil packets of valium. Id. Our court framed the issue as "whether [the defendant's] action in dis pla= ying the contraband can be considered as a consent to search of her pe rso n." Id. at 6. We concluded that "the defendant freely and voluntarily pro- duced the contraband and waived her constitutional right to a search w arr= ant." Id.. at 7(emphasis added).=20 Consent, to be valid, "must be unequivocal, specific, intelligently gi yen= , and uncontaminated by duress er coercion." . . . In the case at bar, th= e defendant's action in displaying the contraband was a very unequivoc al = and specific act. She did not question the officers er offer te explai nw hy she continued to put her hands in her pockets. She did net complain th= at she did not understand the agents' request or that she was tricked int e showing the contraband. Finally, there was ne evidence that she was und- er duress er that the agents coerced her into displaying the contraban d. Id. at 6-7 (citation omitted). The trial court in this case made no specific findings regarding the v ali- dity ef the defendant's voluntary retrieval ef the weapon and submissi on te Sergeant Hathis. Our review ef the record persuades us that the pre pon= derance of the evidence, see Fields, 40 S.W.3d at 457 n.5, demonstrate as in Hinkle, that the defendant freely and voluntarily produced his s erv= ice weapon, thereby waiving his constitutional right to a search warra at.- The defendant was told why the officers wanted his service weapon. Th ed= Page 18 message.txt efendant did not attempt to evade the request, and no duress or coerci on = is evident in the record before us. We are further bolstered in our co ncl= usion by the defendant=3Ds efforts at trial to persuade the jury that he = voluntarily cooperated with the officers ' investigation by, inter alia, surrendering his weapon when requested The last aspect of the defendant's consent that should be mentioned is th= e Fourth Amendment interplay between the earlier apartment entry and t he = subsequent seizure. "Where a Fourth P~mendment violation precedes conse the validity of the consent depends on whether it was sufficiently an ac- t of the free will, i.e. whether it was voluntary in fact." United Sta res= v. Lowe, 999 F.2d 448, 451 (10th Cir. 1993), quoted in State v. Chest er = Lee Jenkins, No. E2001-01173-CCA-R9-CD, slip op. at 10 (Tenn. Crim. Ap Knoxville, Mar. 8, 2002). For the reasons set forth above, we are con vin- ced that the defendant was exercising his free will when he retrieved and= turned over the weapon to Sergeant Mathis. Consequently, we are of the opinion that the defendant freely and volu nta= rily consented both to the officers' entry into his apartment and to t hei= r ensuing seizure of the service weapon, thereby defeating grounds for ppressing the evidence. D. Inevitable Discovery Because further appellate review may follow our decision, see State v. pe= ndergrass, 13 S.W.3d 389, 395 (Tenn. Crim. App. 1999), perm. app. deni ed = (Tenn. 2000), our final task is to review the trial court's determinat ion= that suppression of the service weapon was not required pursuant to t Page 19 message.txt he = inevitable discovery doctrine.=20 Under the inevitable discovery doctrine, illegally obtained evidence i $ a= dmissible when the evidence would have inevitably been discovered by 1 awf= ul means. See State v. Patton, 898 S.W.2d 732, 735 (Tenn. Crim. App. 994= ) (citing Nix v. Williams, 467 U.S. 431, 104 S. Ct. 2501 (1984)). The tri= al court in this case reasoned that the doctrine applied because where Officer Jackson is a police officer, when he got over his sickne either that day, there's nothing to indicate to the court that he was t going back to work, only that he was sick on that particular occasio He had not been terminated at that time, at least this court doesn=3Dt ha= ve any information in that regard, so there's no reason for this court to= believe that he wasn't going back to work and there's no reason that he = wouldn't have had his service revolver[,] and they could have le git= imately taken it at that time. We are not convinced that the doctrine accommodates the trial court's rea= soning. Proof of inevitable discovery "involves no speculative elements but fo cus= es on demonstrated historical facts capable of ready verification or i mpe achment." Nix, 467 U.S. at 444 n.5, 104 S. Ct. at 2509 n.5. Nix involv ed - the disappearance of a ten-year-old child in Des Moines, Iowa. Id. at 434= -35, 104 S. Ct. at 2504. A search of the area where the child was last se= en was underway, and the defendant, a suspect, was arrested in Davenpo rt = and transported to Des Moines. Id. at 435, 104 S. Ct. at 2504-05. Duri ng = the trip, officers initiated a conversation with the defendant, which Page 20 message.txt res= ulted in the defendant making incriminating statements and guiding the po= lice to the child's body. Id. at 435-36, 104 S. Ct. at 2505. The defen dan= t's statements were ruled inadmissible , but the prosecution was allowed to offer evidence concerning the loc ati= on and condition of the body under the theory that had the search cont ed, the body would have been discovered within a short time in the sam ondition as actually found. Id. at 437-40, 104 S. Ct. at 2506-07.=20 In Nix, specific evidence was adduced that the body inevitably would h been discovered. Agent Ruxlow of the Iowa Bureau of Investigation tes tif= ied that he had organized and directed approximately 200 volunteers wh ere searching for the child 3Ds body. Id. at 448, 104 S. Ct. at 2511. The= agent explained that he had "marked off highway maps . in grid fa shi= on, divided the volunteers into teams of four to six persons, and assi gne= d each team to search specific grid areas." Id. at 449, 104 S. Ct. at 251- 1. The child's body was found two and one-half miles from where the se h had stopped after the defendant identified the location. Id. at 449, 10= 4 S. Ct. at 2512. Based on earlier progress in searching, there was te sti- mony that the search party would have di scovered the body in an additional three to five hours had the search COn= tinued. Id. at 449, 104 S. Ct. at 2512. "On this record," the Supreme Cou= rt concluded, "it is clear that the search parties were approaching th ctual location of the body, and we are satisfied, along with three cou rts= earlier, that the volunteer search teams would have resumed the searc hh= ad Williams not earlier led the police to the body and the body inevit Page 21 message.txt abl= y would have been found." Id. at 449-50, 104 S. Ct. at 2512. The need for Ademonstrated historical facts capable of ready verificat ion= or impeachment,@ id. at 444 n.5, 104 S. Ct. at 2509 n.5, was illustra ted= by this Court-3Ds opinion in State v. Carpenter, 773 S.W.2d 1 (Tenn. Cfi= m. App.. 1989). In that case, the defendant bludgeoned a store manager connection with a robbery. The defendant confessed to the murder and dis= closed that he had deposited into a trash dumpster a bloody shirt and ves= t that he had been wearing at the time. The clothing was recovered fro m t- he dumpster on March 29. The trial court suppressed the defendant 3Ds sta= tements but allowed the state to introduce the clothing under the theo ry = that the defendant had abandoned the clothing. Id. at 1-7. On appeal, this court rejected abandonment as a basis for admitting th e c- lothing. The state argued, in the alternative, that the clothing was a dmi = ssible under the doctrine of inevitable discovery. The state, however, wa= s unable to factually demonstrate the inevitability of the discovery. The defendant's shirt and vest were found in the March 29th search. Th ed= efendant established at the suppression hearing that the trash would h ave= been picked up on March 30th for transport to the landfill. Herrell [ the co-defendant] provided the confirming information on April 1st. The d efe- ndant contends that if either the independent source rule or inevitabl ed= iscovery doctrine apply, they are to be applied strictly when the evid e is obtained through wrongful conduct; "it is insufficient to show th at - it could have been found independently, it must be shown that it would ha- ve been." U.S. v.. Palumbo, 742 F.2d 656, 660 (lst Cir. 1984) [.] See U Page 22 message.txt v. Guarino, 610 F. Supp. 371 (D.C.R.I. 1984). In this instance, the landfill operator testified that on March 30, 19 85,- the contents of the trash dumpster were taken to the landfill on Rutl edg= e Pike in Knox County. The state argues that with this information, la we- nforcement officials, given the will and the manpower, eventually woul dh= ave found the clothing by going through the freshest part of the landf ill. The record, however, does not indicate that the landfill operator nece ssa= rily knew which portion of the landfill had been used most recently, h OW -- much trash would have been deposited there over a period of two days, or = whether a search of the area, by the sheer magnitude of the trash depo sit= ed, would have been successful. The state's argument that the evidence would have inevitably been disc ove= red by the state is not supported by the record. There is no clear ind ica= tion that the shirt and vest could have been found no matter how great th e effort. We therefore hold that the items themselves were wrongly adm itt- ed into evidence. 773 S.W.2d at 6-7. What strikes us as troublesome in this particular case is that the que sti- on of inevitability turns not upon the law enforcement efforts underwa ya= t the time of the illegality but, instead, hinges on what the defendan tm- ight or might not have done had Mathis and Carroll not made a surprise ap= pearance at his apartment that night. To be sure, the defendant, armed wi- Page 23 message.txt th his service revolver, might have reported for duty on his next sche dul= ed shift. It is very possible, however, that the defendant would have dis= posed of the incriminating weapon rather than risk its confiscation wh en - next he reported for work B if, in fact, he ever returned to duty.=20 Although the inevitably of the discovery of the firearm is arguable, o nb= alance we believe that the state has not carried its burden to show th at = the inevitable discovery doctrine applies under these circumstances. V For the reasons stated above, the motion to suppress was properly deni ed on the basis that the defendant freely and voluntarily produced his se fyi= ce revolver when requested by Sergeant Mathis. Although on different g rou= nds, we therefore affirm the trial court's denial of the defendant's m oti= on to suppress and affirm the conviction and judgment. =2O JAMES CURWOOD WITT, JR., JUDGE=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 24 Marian Karr From: Ke]vyn Anderson [kelvyn_anderson@earthlink,net] Sent: Wednesday, January 22, 2003 5:34 AM To: update@nacole.org Subject: [N^COLE Update] Chicago IL - Deputy convicted of misconduct in wedding brawl death Two Convicted in Wedding Brawl Death By Associated Press Chicago Tuesday, January 21, 2003 3:24 PM A judge convicted a man of involuntary manslaughter Tuesday in the death of a Chicago Water Department foreman following a brawl outside two wedding receptions. Judge Stanley Sacks convicted Ronald Schickel Jr., 30, of Oak Forest, following a bench trial. Sacks convicted sheriff's deputy Timothy Brogan of Evergreen Park of official misconduct and obstruction of justice in the case. Michael Chambers, 39, died in August 2000 following a brawl in a Holiday Inn lobby between guests attending two receptions -- one for a sheriff's deputy and another for an administrative employee of the state's attorney's office. Prosecutors argued that Brogan used his position to get police to focus on Chambers as the instigator of the brawl. Officials charged that Schickel, Brogan and their friends started the fight and Chambers was trying to break it up when Schickel put him in a choke hold that killed him. Schickel is the brother of a correctional officer. Defense attorney Michael Krejci told the judge the case was a tragedy but not a murder. He cited medical evidence that Chambers, who weighed 305 pounds, was overweight, had a heart twice the size of a normal one and could have died of a heart attack. Sacks revoked bond for both Schickel and Brogan, and they were taken into custody to await sentencing scheduled for Feb. 20. Schickel was charged with first-degree murder, but Sacks ruled that the state did not prove that charge. Schickel could be sentenced to probation or a prison term of two to five years. Brogan's convictions carry sentences of one to three and two to five years. (Copyright 2003 by The Associated Press. Ail Rights Reserved.) Update mailing list Update~nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 22, 2003 6:04 AM To: update@nacole.org Subject: [NACOLE Update] Philadelphia PA -Trial for 2 Cops accused of raping dancer 3 versions from 1) Phila Daily News 2) Phila Inquirer 3) NBC10 Posted on Wed, Jan. 22, 2003 Two cops held for trial in rape of exotic dancer By THERESA CONROY conroyt@phillynews.com An exotic dancer - at times sobbing and, at others, raising her voice to snap at defense attorneys - yesterday testified that two Philadelphia police officers simultaneously raped her in back of their patrol car last month. One cop performed oral sex on her while the other masturbated, she said. Then, she testified, each forced her to have intercourse with him. "He said that I was going to take care of his partner," the woman said Philadelphia Police Officer Timothy Carte told her. "They were yelling and screaming, I'm a whore, I'm a dirty dancer, I'm going to take care of them." The woman's identity is being withheld by the Daily News. Carte and his partner, James Fallon, both of the 15th Police District in the Northeast, were held for trial on rape charges. Defense attorneys representing the officers implied during cross-examination of the woman that she had come on to the cops and may have danced for them or offered a free lap dance. "Obviously something happened, but I don't think it happened the way she said it happened," Carre's attorney, C.P. Mirarchi III, said after the hearing. Carte never had sex with the woman, Mirarchi said. "I'm convinced that it was not a rape." Fallon's lawyer, Fortunato Perri Jr., also said no crime had been committed. The only thing that occurred about 3 a.m. Dec. 11, Perri said, was "a mistake and an error in judgment." The woman, who dances at Daydreams, a Northeast Philadelphia strip club, testified that the two cops forced her to leave her own car - and two male friends - and get into the patrol car. They drove her to a parking lot, she said, where she was sexually assaulted. When Perri asked the woman why she had brought a civil attorney with her to the preliminary hearing, she said she had no intention of filing a lawsuit against the city and Police Department. "I didn't know who to go to get help because police officers done this to me," she said. Attorneys implied that DNA evidence may show Fallon had sex with the woman. "DNA evidence will be presented at trial," said Philadelphia Assistant District Attorney Gina Smith. "DNA reports are still being processed." The woman told her disturbing, detailed story to a packed audience. Nearly 30 police officers and detectives crowded the courtroom for the hearing. Many waited inside the courtroom for hours before the proceeding began. Before the hearing started, Smith asked that observers stand and identify themselves for 1 the court record. She said later that she had done so in case any future witnesses in the case were in the room, but also admitted that she was guarding against witness intimidation. "It is always a concern," she said. Posted on Wed, Jan. 22, 2003 Officers ordered to stand trial in dancer's rape She testified that the two forced her to have sex in their car. An attorney said she initiated contact. By Jacqueline Soteropoulos and Thomas J. Gibbons Jr. Inquirer Staff Writers A go-go dancer testified yesterday that two on-duty Philadelphia police officers took turns raping her in their squad car last month. More than 30 police officers and supporters of the two defendants filled seats and aisles during the Municipal Court hearing for Timothy Carre, 29, and James Fallon, 32. Both men were ordered to stand trial on rape charges and related offenses after the preliminary hearing in Municipal Court. The pair were arrested last week and suspended from the Police Department with the intent to dismiss them. The hearing proceeded yesterday as police investigators reviewed another rape allegation against Fallon. Carre's attorney, Charles P. Mirarchi 3d, said DNA evidence links only Fallon to the dancer's allegations. Fallon's attorney, Fortunato Perri, told reporters that the officers committed no crime. "There was some contact, some initiation, by this young lady," Perri said. He called the incident "a mistake, an error in judgment." But Assistant District Attorney Gina Smith told reporters: "The evidence showed today that these officers - while on duty, while in uniform - clearly abused their power and took advantage of this young woman. "... This was clearly a forced event where she was held down and injured," Smith said. She declined to confirm that only Fallon's DNA was recovered, adding that the forensic reports were not yet complete. The 25-year-old woman, who has not returned to dancing at Daydreams club in the Northeast since the Dec. 11 incident, identified Carte and Fallon, who also was a girls' high school soccer coach, in court as "the two officers that raped me on that night." The woman testified that she drove to a Frankford Avenue convenience store with two male companions around 3 a.m. to purchase cigarettes. In the parking lot, the police officers parked next to her car. She said Fallon questioned whether she was high or drunk and told her to get into the back of their marked police car. The officers told her friends to meet up with her later, she said. Then, with Carte driving, they proceeded to a poorly lit empty lot on Aramingo Avenue, near the 1-95 entrance ramp, she testified. There, each man opened a back door of the car, she said. Carte grabbed her ankles, swung her legs toward him and pulled down her jeans, she testified. Fallon held down her shoulders against the seat on the other side of the car, she said. "They were both yelling and screaming, calling me a whore and saying I was a dirty dancer," the woman testified. "... I said, 'I~m not a whore,~ and they said, 'Well, you're going to be our whore tonight.' She described the sex acts each man allegedly performed on her and then testified that both officers raped her. "I was fighting, screaming, hoping someone would hear me, but there was no one around," she said. The woman said her legs and back were bruised after the incident. She went to the hospital so that investigators could collect DNA evidence. During a contentious and lengthy cross-examination, Perri suggested that the woman had performed a dance or made a sexual innuendo to the officers in the convenience store parking lot, but the woman flatly denied it. And Perri grilled the woman about her initial statement to police, in which she said only Carte and not Fallon had intercourse with her. "I am not lying! I would not make something up like this! I didn't do anything wrong," the woman said. Repeatedly during cross-examination, Carre's wife laughed quietly in her seat in the front row of the courtroom. She declined to give her first name. The officers gathered in the courtroom watched the petite woman as she testified. The prosecutor later said attempts at victim intimidation are always a concern in such cases. After the hearing, Perri told reporters, "I think [the woman] tried to tailor her testimony today to some of the scientific evidence." Smith withdrew robbery and theft charges against the pair. The woman said $400 and her identification were stolen from her purse, but Smith said it wasn't clear when the money might have been stolen that night. Municipal Court Judge Teresa Deni ordered Carte and Fallon to be arraigned Feb. 11. Each man is free on $11,000 bail. Police said yesterday that Internal Affairs investigators also are investigating Fallon in another rape case. A woman recently came forward and claimed Fallon forced her to have sex with him over a year ago, an investigator said. Fallon coached the girls' soccer team at Archbishop Ryan High School in the Northeast last year and the last semester but was asked to leave last month after the allegations surfaced, a spokeswoman for the archdiocese said yesterday. Contact staff writer Jacqueline Soteropoulos at 215-854-4497 or jsoteropoulos@phillynews.com. NBC10.com Dancer Testifies Against Officers Accused Of Rape Defense Attorneys Attack Witness' Credibility POSTED: 6:12 p.m. EST January 21, 2003 UPDATED: 6:52 p.m. EST January 21, 2003 PHILADELPHIA -- A hearing was held Tuesday for two Philadelphia police officers who are facing rape charges. The officers are accused of attacking an exotic dancer inside their patrol car. The officers' lawyers deny the charges and on Tuesday the alleged victim testified in the 3 case, The judge ordered both officers to be held for trial. The victim took the stand and told in detail what allegedly happened to her on Dec. 11 about 3 a.m. The witness had a hard time looking at both of the officers across the courtroom from her and she broke down a couple of times on the stand. Officers James Fallon and Timothy Carre came to court with a lot of support. There were about 40 other police officers in the room at the time watching and listening. The accused listened as the woman accused them of raping her in the back of the patrol car. She testified about how she kicked and screamed as officers allegedly called her names and forced her to have sex with them. She admitted she had smoked a little pot that night and had PCP in her system from the previous day. Defense attorneys attacked her credibility because she is an exotic dancer, and they believe she went with the officers voluntarily. "The physical evidence will confirm what our position in this case has been all along -- that there was no crime cor~itted in this case," said Fortunato Perri Jr., Fallon's attorney. The defense attorneys said that the alleged victim changed her story and they accused her of hiring a civil attorney right away to set up a position for a lawsuit. The prosecutor said that the woman held her ground and remained credible even with an intimidating room full of other police officers. Also on Tuesday, robbery charges were dropped against the two officers. However, the rape and sexual assault charges remain. Previous Stories: January 17, 2003: More Rape Accusations Lodged Against Philadelphia Cop January 14, 2003: Philly Cops Arrested On Rape Charges January 14, 2003: Attorney: Police Officers To Be Arrested On Rape Charges January 11, 2003: Warrants Issued For Two Philly Cops In Alleged Rape December 19, 2002: Police: Alleged Rape Victim's Story Partly Substantiated December 14, 2002: Dancer Accuses Two Police Officers Of Rape Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 2 Marian Karr From: Iris Jones@ci.austin.tx.us Sent: Wednesday, January 22, 2003 10:22 AM To: update@nacole.org Subject: [NACOLE Update] New Police program aims to help older crime New police program aims to help older crime victims i 01/22/2003 By lAN McCANN / The Dallas Morning News Dallas police will become more involved in helping elderly crime victims under a plan armounced Tuesday. The Silver Shadow Program builds on the department's Interactive Community Policing unit, which has had a senior citizens' liaison since 1995. Now, as detectives investigate crimes, they will refer people to social-service programs and other aid agencies. "I expect these detectives to get on the phone and be a conduit to these agencies," Police Chief Terrell Bolton said. "It's a change for us. If you're going to be a community policing department, you're going to have to be a total community policing department." About 4 percent of crimes in Dallas are committed against the elderly, he said. Chief Bolton said the Silver Shadow Program would add to the work being done through the liaison by involving other officers. Eighty officers have been trained to work with senior citizens. Mary Fields, who worked with the department to create the 1995 program, said she has since met weekly with the liaison to go over reports involving senior citizens. "Anytime you have a problem, call the senior citizen liaison group," the 85-year-old told a crowd at Tuesday's event, held at the West Dallas Multipurpose Center. Victim Relief Ministries is among the 10 agencies listed in the program's pamphlet. "Our goal is to answer the question of who is there when the police leave," said Gene Grounds, executive director of Victim Relief Ministries. "In the three years we've done this, we've responded to hundreds of needy. We as a faith community commit our resources to any victim of crime." The program is not expected to cost the department any additional money, said spokeswoman Janice Houston. For more information, call the Interactive Community Policing unit at 214-670-4427. E-mail imccann~dallasnews.com Online at: http://www.dal!asnews.com/Iocalnews/stories/012203dnmetseniors.adf37.html 1/22/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 22, 2003 10:24 AM To: update@nacole,org Subject: [NACOLE Update] Portland OR - Rudeness Complaint to be heard by Oversight panel This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLBP2S; Wed, 22 Jan 2003 13:23:46 -0600 Received: through eSafe SMTP Relay 1042836042; Wed Jan 22 13:25:53 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bQRo-0008ED-00; Wed, 22 Jan 2003 13:22:04 -0600 Received: from pintail.mail.pas.earthlink.net ([207.217.120.122]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bQO3-00080p-00 for update@nacole.org; Wed, 22 Jan 2003 13:18:11 -0600 Received: from dewey.psp.pas.earthlink.net ([207.217.78.219]) by pintail.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18bQPQ-0006Kk-00 for update@nacole.org; Wed, 22 Jan 2003 11:19:36 -0800 Received: from [170.115.249.14] by EarthlinkWAM via HTTP; Wed Jan 22 1 1:19:36 PST 2003 Message-ID: <l151077.1043263176317.JavaMail.nobody@dewey.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Portland OR - Rudeness Complaint to be heard by Oversight panel Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Wed, 22 Jan 2003 11:23:56 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Rudeness is the issue in review of officer-20 01/17/03 MAXINE BERNSTEIN-20 Whether a Southeast Precinct officer was rude to a depressed woman he was= sent to check on last summer is the central question in a case that w ill= come before Portland's police civilian oversight group next week.=20 Although the issue of police courtesy frequently arises, this case mar ks = the first time that the director of the city's Independent Police Revi ew = Division has found the complaint justified based on witness accounts a nd - found the police ruling of "insufficient evidence" unreasonable.=20 Richard Rosenthal, the division director, said the complaint will be p res- ented to the citizens committee Tuesday, and a hearing will be set in Feb= ruary. He could not discuss the case further but confirmed it's the fi rst- time he has been at odds with a Portland Police Bureau finding and su gge- sted the complainant appeal the bureau's finding.-20 Although the bureau ruled that there was insufficient evidence to supp orr- the courtesy complaint, Lt. George Babnick of the Internal Affairs Di vis ion and the officer's supervisors, including Southeast Precinct Cmdr. Sta- n Grubbs, did agree the officer could have handled the call better and ca= lled for a supervisor's "debriefing."=20 The names of the officer and complainant were not available.-20 The incident occurred July 15 when a Southeast Precinct officer respon ded- Page 2 message.txt to a 9-1-1 call from a woman who asked police to check on her sister' sw- elfare. When the officer arrived, the woman he was checking on told hi ms-- he was depressed and had contacted a treatment provider.=20 According to the woman's sister and two ambulance medics who responded to= the apartment, the officer was rude and disrespectful, and his behavi or = agitated the woman. A couple of witnesses said the officer told the wo man= she was "acting childish," a review report says.=20 The two ambulance emergency medical technicians told police the office r r= ushed the call and made the woman more agitated.=20 One of the medics described his behavior as "rude and out of line" and sa- id the officer told the woman not to get angry at police "because you can-- 't take responsibility for your life." The officer got the woman "so w ork ed up" that the medics were unable to get the information they needed to = avoid unnecessarily taking her to a hospital against her will, the rep ort- said.-20 An ambulance emergency medical technician estimated the officer had co nta ct with the woman for five minutes and should have taken time to discu SS = what had happened that day to upset her. Her mother had died that morn ing= -2E-20 Also interviewed were four Portland firefighters, who responded to the ca= 11.. Ail said they could not remember anything so egregious or unprofe ssi= onal that stood out. 20 The officer denied making the statements witnesses described and said his voice was not confrontational until the woman "started acting out" an dr= Page 3 message.txt hrowing objects. He said he raised his voice to "de-escalate the situa tio= n," the report said. Convinced the woman was a danger to herself and h ad = been suicidal, he placed her on a police hold and had her transported to = Providence Hospital. She was released nine hours later.=20 In a related complaint, the complex hall monitor, responsible for repo rti- ng medical or police calls to building management, said the officer wa s r= ude to her, telling her it was "none of your damn business" when she a ske= d what was going on.-20 The bureau found the second complaint "unfounded."-20 The Citizens Review Committee will meet at 5 p.m. Tuesday in the Lovej oy = Room in City Hall.=20 =C2=A9 2003 The Plain Dealer. Used with permission.=20 Copyright 2003 Oregon Live. Ail Rights Reserved.-20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Page I of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Wednesday, January 22, 2003 10:24 AM To: update@nacole.org Subject: [NACOLE Update] Trial Begins for 11 Miami Police Officers Involved in Shootings IEft The New York Times [] Sponsored by Starbucks January 22, 2003 Trial Begins for 11 Miami Police Officers Involved in Shootings By DANA CANEDY I [] MIAMI, Jan. 21 -- Eleven suspended or fired police officers whose trial on corruption and conspiracy charges began today in federal court here are the worst kind of criminals, as prosecutors say, or the worst kind of victims, as their lawyers say. In opening arguments, the prosecution told a jury that the government would present "throw-down" guns planted at crime scenes by rogue officers who shot unarmed suspects. It said it would prove that the men lied to investigators to cover up their actions. Many of the defendants were members of an elite street team, "the Jump Out Boys," who operated tough neighborhoods. It has been disbanded. "The 11 defendants are cops who have crossed the line in four different shootings," the prosecutor, Curtis Miner, an assistant United States attorney, said. "For these officers, the code of loyalty is more important than the truth." The government has said it expects to call to testify two former officers who pleaded guilty to conspiracy charges related to the shootings and agreed to break the so-called code of loyalty to testify against their former co-workers. Lawyers for the defendants say they are scapegoats who simply practiced aggressive police ~vork to protect citizens in some of the most crime-ridden neighborhoods. The lawyers say the charges are politically motivated in response to a group of unfortunate but justified shootings. The case centers on four prominent shootings and arrests in the mid- to late 1990's. They include the case of Richard Brown, 73, who died when the police fired into his apartment in a drug investigation in 1996, and the case ora homeless man who was shot in 1997 while carrying a radio that the police later said was a gun, according to the authorities. All the shootings were ruled justified by state prosecutors and an internal Police Department review headed by former Chief Raul Martinez, ~vho resigned in November. Civil rights leaders and citizen advocates, however, were outraged by the shootings, in which three black suspects were killed and the homeless man, who is white, was wounded. 1/22/03 Page 2 of 3 All the defendants are Hispanic. Defense lawyers said before the trial that their clients were victims of the racially charged pressure stemming from the shootings. "lfs an ugly picture that the government paints, a picture that is painted in hindsight and hypocrisy," said Richard Sharpstein, a lawyer for two officers, Arturo Beguiristain, 42, and Jorge Castello, 34. "You will be asked to make your decision in hindsight of these police officers who made decisions on the road in a split moment," Mr. Sharpstein added. "This case, ladies and gentlemen, is not about cops who cross the line. It's about cops who pursue criminals who cross the line. "They will prove no kind of agreement or conspiracy. There's going to be no zero, zip evidence that there was any plan, any agreement by any of these officers." Harry Solomon, a lawyer who represents another defendant, Eliezer Lopez, 35, told the jury that the government was stretching the facts to suggest a conspiracy that never existed. "Every one of these shootings was justified," Mr. Solomon said. "But every one of these incidents were lumped together." The jury of six men and six woman has eight Hispanic jurors, three whites and one black. Mr. Miner, the prosecutor, told them that the case was not about the officers' right to use deadly force in the line of legitimate police work. "This is a case against the 11 defendants who saw themselves above the law," he said. Manny Casabielle, a lawyer for a defendant, Rafael Fuentes, 35, said the charges would prove baseless. "When you look in the evidence box at the end of this trial," Mr. Casabielle said, "you will be able to tell the government that they were wrong." The other defendants are Jose Acuna, 44; Jesus Aguero, 40; Jorge Garcia, 40; Israel Gonzalez, 43; Alejandro Macias, 38; Jose Quintero, 39; and Oscar Ronda, 41. All are charged with conspiracy to obstruct justice, which carries a penalty of five years in prison and a $250,000 fine. Mr. Aguero, Mr. Castello, Mr. Garcia, Mr. Gonzalez, Mr. Quintero and Mr. Ronda are also charged with one or more counts of obstruction of justice. That is punishable by up to 10 years in prison and a $250,000 fine. In addition, Mr. Garcia and Mr. Gonzalez are charged with committing perjury before a grand jury. That charge also carries a penalty of up to 10 years in prison and a $250,000 fine. The Police Department has suspended or discharged all the defendants. All but two are represented by separate lawyers, setting up what is emerging as complex legal maneuvering. The lawyers are each trying to gain acquittals for their clients in a strategy that leaves each defendant to fend for himself. Legal experts said that it was common for defendants accused of being co-conspirators to be tried together but that putting 11 defendants on trial at once, represented by different lawyers, presented potential problems for the defense. "The prosecution gains major advantage in multiple defendant cases, because it is more difficult for jurors to 1/22/03 Page 3 of 3 sort out evidence for individual defendants," said Jeff Weiner, former president of the National Association of Criminal Defense Lawyers and the Florida Criminal Defense Attorneys Association. "Jurors may confuse the evidence and carry evidence from one defendant to another." The prosecution could also benefit from the defense lawyers' having different agendas, Mr. Weiner said. "The government," he said, "sits back and enjoys the possibility of defense lawyers not having a totally cohesive defense because each defendant has a lawyer and each lawyer is focused on an individual client, not on the group." Even so, Mr. Weiner added, juries are unpredictable, and citizens generally tend to support police officers and some of their more aggressive crime-fighting tactics. "There will be people on the jury," he said, "who think Miami police patrol a generally tough area, and they see the need for them to be tough." Copyright 2003 The New York Times Company I Permissions I Pdvacy Polic~ *** eSafe scanned this emai! for malicious content *** *** IHPORTANT: De not open attachments frem unrecegnized senders 1/22/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 23, 2003 6:12 AM To: update@nacole.org Subject: [NACOLE Update] Philadelphia PA - Fed Judge reject Officers suit This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLBSZG; Thu, 23 Jan 2003 09:12:46 -0600 Received: through eSafe SMTP Relay 1043276933; Thu Jan 23 09:14:53 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bj0S-0004Iy-00; Thu, 23 Jan 2003 09:11:04 -0600 Received: from pintail.mail.pas.earthlink.net ([207.217.120.122]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18bivS-000431-00 for update@nacole.org; Thu, 23 Jan 2003 09:05:54 -0600 Received: from dewey.psp.pas.earthlink.net ([207.217.78.219]) by pintail.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18biwr-00070W-00 for update@nacole.org; Thu, 23 Jan 2003 07:07:21 -0800 Received: from [207.217.78.14] by EarthlinkWAM via HTTP; Thu Jan 23 07 :07:21 PST 2003 Message-ID: <288951.1043334441530.JavaMail.nobody@dewey.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset-646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Philadelphia PA - Fed Judge reject Officers s uit Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nac01e.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Thu, 23 Jan 2003 07:11:40 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Posted on Wed, Jan. 22, 2003 -20 Federal judge throws out officer's civil-rights lawsuit Philadelphia Inquirer A federal judge yesterday dismissed a civil-rights suit filed in 1998 by = a former Philadelphia police officer who contended that supervisors re tal= iated against him after after he reported racist comments made in his pre- sence. U.S. District Judge Mary A. McLaughlin wrote that as a white man, Mich ael= McKenna had no right to bring suit under federal civil-rights laws be cau= se there was no evidence African American officers overheard the alleg ed = slurs. Furthermore, there was no evidence that the workplace atmospher e w= as changed by the remarks McKenna claimed to have heard. McKenna, a 1996 graduate of the Police Academy, was assigned to the 25 th - Police District in North Philadelphia where, he claimed, his sergeant ref= erred to African American officers using a common, derogatory racial e pit= het. After complaining, his lawsuit contended, he became the target of ha- rassment by fellow white officers and received adverse job evaluations an= d less-desirable work assignments. Police officials contended that McKenna's discipline and eventual firi ng = in 1999 were the results of his performance and problems in "relations hip- s with people." McKenna's attorney could not be reached for comment. ................................................................. =C3-82 C2 A9 2001 inquirer and wire service sources. Ail Rights Reserv ed. http://www.philly.com=20 Page 2 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@ear~hlink.net] Sent: Thursday, January 23, 2003 6:20 AM To: update@nacole.org Subject: [NACOLE Update] Bayonne NJ - Suspended cops indicted on drug distribution counts Suspended cops indicted on drug distribution counts Thursday, January 23, 2003 By Ronald Lair Journal staff writer A Hudson County grand jury has indicted on drug charges a Bayonne cop and a former city police officer assigned to teach kids about the dangers of drugs, officials said. The grand jurors issued a 15-count indictment against suspended Police Officers Michael Hurley, 32, and Bruce Piechocki, 31, on Jan. 8. Ail but one of the counts apply to Hurley. No trial date has yet been set. Before his arrest last summer, Hurley, with eight years on the Bayonne police force, had been assigned to the department's DARE (Drug Awareness Resistance Education) drug prevention program, visiting local schools to warn children about the perils of drug abuse. The indictment charges Hurley with two counts of distributing Ketamine, coum~only known as "Special K," an animal tranquilizer and a popular club drug, to an undercover officer on July 18, 2002, while within 1,000 feet of the Henry Harris Elementary School, Avenue C and Fifth Street. It also charges Hurley with five counts of distributing Ecstasy, a "designer" drug, on July 19, 2002, to an undercover officer while within 1,000 feet of the Harris School, two counts of possession of ecstasy with intent to distribute Ecstasy, two counts of possession with intent to distribute Ketamine, one count of possession of Ecstasy, one count of possession of Ketamine and one count of possession of a firearm, a Glock 9 mm, while in course of committing a crime. The indictment charges Piechocki with official misconduct on various, unspecified dates from January through July 2002. Piechocki, the indictment said, "did refrain from performing a duty imposed upon him by law . by failing to report the commission of a crime." Hurley and Piechocki were arrested by undercover Bergen County narcotics detectives on July 19, 2002, at Hurley's East Fifth Street house, where police said Piechocki also lives. Bergen County lawmen said that police seized from Hurley's home 414 Ecstasy tablets, with a "street value" estimated at more than $8,000, and 50 bottles of liquid Ketamine Both cops were suspended by Bayonne Police Director Mark Smith after their arrests. Hurley was freed on $50,000 bail pending court action, and Piechocki was released in his own recognizance. If convicted of the drug charges, Hurley could face a prison term of up to 10 years and/or a maximum fine of $100,000, according to Hudson County Prosecutor Edward DeFazio. He could also get an extra 10 years if found guilty of the firearm charge. Piechocki could draw a sentence of up to 10 years for a misconduct conviction, DeFazio said. Assistant Prosecutor Peter Stoma presented the case to the grand jury and will prepare the case for trial, DeFazio said. Hurley's Jersey City attorney, Leonard Meyerson, said he expected his client to be ! formally charged sometime next week. Piechocki is being represented by Jersey City attorney Daniel Welsh. Ronald Leir can be reached at rleir@jjournal.com. Copyright 2003 NJ.com. All Rights Reserved. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 23, 2003 6:22 AM To: update@nacole.org Subject: [NACOLE Update] San Francisco CA - Chief defends handling of beating case This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLBS57; Thu, 23 Jan 2003 09:21:44 -0600 Received: through eSafe SMTP Relay 1043276933; Thu Jan 23 09:23:51 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bj9D-0004iD-00; Thu, 23 Jan 2003 09:20:07 -0600 Received: from hawk.mail.pas.earthlink.net ([207.217.120.22]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18bj5U-0004XR-00 for update@nacole.org; Thu, 23 Jan 2003 09:16:16 -0600 Received: from thecount.psp.pas.earthlink.net ([207.217.78.22]) by hawk.mail.pas.earthlink.net with esmtp {Exim 3.33 #1) id 18bj6u-0006Oe-00 for update@nacole.org; Thu, 23 Jan 2003 07:17:44 -0800 Received: from [207.217.78.14] by EarthlinkWAM via HTTP; Thu Jan 23 07 :17:43 PST 2003 Message-ID: <3918528.1043335063969.JavaMail.nobody@thecount.psp.pas.ea rthlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] San Francisco CA - Chief defends handling of beating case Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.erg?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Thu, 23 Jan 2003 07:22:02 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.erg X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org www.sfgate.com Chief defends handling of beating case=20 SFPD smeared by the media, he tells Police Commission-20 Jaxon Van Derbeken, Chronicle Staff Writer Thursday, January 23, 2003=20 -C2=A92003 San Francisco Chronicle I Feedback URL: http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2003/01/23/BA2 149= 54..DTL=20 San Francisco Police Chief Earl Sanders defended his handling of the S FPD= 's investigation into the alleged off-duty beating by three officers b efo= re the Police Commission on Wednesday, saying the department has been wro= ngly smeared in the press.=20 In his first extended public remarks about the incident, Sanders said his= department has been stung by "much speculation" in the weeks since th e N ov. 20 incident on Union Street involving the son of Assistant Chief A lex= Fagan Sr. and two other officers. Two men reported being attacked and be= aten by the three officers in the early morning hours for no apparent rea= son. =20 "Unfortunately, much of the speculation is based on incomplete and sim ply- inaccurate information," Sanders told the commission.=20 Questions have plagued the police investigation from the start, rangin g f- rom a failure by responding police officers to collect the clothes, sh oes- and the vehicle used by the off-duty officers to claims that other of fic= ers engaged in a coverup by feeding the officers water to defeat a uri Page 2 message.txt ne = test for alcohol.-20 Last week, District Attorney Terence Hallinan and the lieutenant who g ot - transferred off the case, Joe Dutto, both accused the department's bra ss = of hampering the ongoing investigation into officers Alex Fagan Jr., M att= hew Tonsing and David Lee. Dutto also lashed out at department brass f or - transferring him to the vice unit as punishment. Police officials coun ter ed that Dutto's transfer was part of an overall department shuffle of lie= utenants.=20 Despite such criticism, Sanders read a prepared statement and insisted th= at the case is complete and finished as of Dec. 11. He said he stands by = its integrity.-20 "I want to assure the commission that I personally oversee these inves tig= ations and the investigations have been, and will continue to be condu cte= d carefully, vigorously and in accordance both with the law and depart men= tal policies," Sanders said.=20 Sanders repeatedly told the commission that the matter is now in the h and- s of prosecutors.=20 "In short, from the perspective of the Police Department, the criminal in= vestigation was complete and in the D.A.'s hands more than a month ago he said.=20 As for allegations that Dutto was transferred as punishment, Sanders d eni ed them. "The very public claims made by the lieutenant upon his recen tt= ransfer, along with 18 other lieutenants, are simply wrong," Sanders s aid= =2E=20 Page 3 message.txt He said that Dutto "claimed to be the investigator of the present crim ina= 1 investigation, this is not true." He also said Dutto has never broug ht = his allegations to the department's Management Control Division or to him =2E "I have always had an open door policy, yet I have heard nothing f rom= the lieutenant in question," he said.=20 Sanders also said the department's criminal investigation into what ha ppe= ned that night has to be kept separate from an ongoing, separate inter hal- investigation into whether there was officer misconduct.=20 But he suggested that any investigation by the department so far has b een= limited to what happened on the street, not the way the department su bse quently handled the matter.=20 "To the extent any facts are discovered suggesting problems in the cri min= al investigation, those too, would be issues for (the department's int ern= al affairs unit, the Management Control Division) or a separate invest iga= tive unit, if necessary."=20 Neither Dutto nor Hallinan could be reached for comment.=20 A closed door session to hear from Inspectors Joe Pieralde and Steve V ent- ers, who last week backed Dutto when he attacked the department, was c anc= eled.. Venters has said that the case would not be as far along withou tD= utto's support.=20 The closed session -- invoked officially to evaluate Sanders' performa nce- -- was canceled at the last minute because of the absence of Commissi one= r Wayne Friday, who went on a midweek trip, according to Lt. Ed Geeter ,t= he Police Commission's secretary.=20 Page 4 message.txt The next police commission meeting is scheduled for late February.-20 =C2 A92003 San Francisco Chronicle I Feedback Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: HECTOR.W.SOTO@phJla.gov Sent: Thursday, January 23, 2003 7:19 AM To: Update@NACOLEorg Subject: [NACOLE Update] Sad News. $RFC822 emi Mary Dunlap -- S.F. police watchdog, rights advocate Henry K. Lee, Chronicle Staff Writer <~ailto:hlee@sfchronicle.com> Mary Dunlap, director of San Francisco's Office of Citizen Complaints, the city's independent police watchdog agency, died Friday at her home in San Francisco. She was 54. Ms. Dunlap died after a battle with pancreatic cancer. She was surrounded by friends and family, including her partner of nearly 18 years, Maureen Mason. When she became head of the complaints office in 1996, Ms. Dunlap inherited a high-pressure job, overseeing the handling of complaints from citizens about police misconduct. She was credited with turning around an agency that had been plagued by internal problems and criticized for not being aggressive enough. There had also been a high turnover of directors. "She rejuvenated it," Donna Medley, the office's acting director and chief investigator, said Tuesday. "She had a high standard of professionalism that she bestowed on the agency. "It's such a rare opportunity to work for a political figure who has impeccable integrity, compassion and a sense of humor," Medley said. Even before taking over the agency, Ms. Dunlap was a highly regarded civil rights attorney who argued before the Supreme Court on behalf of gay rights and gender equality. She defended the Gay Olympics when the U.S. Olympic Committee demanded that it remove the word "Olympics" from its title. The committee ultimately prevailed, and the event is now known as the Gay Games. Ms. Dunlap was also involved in a number of high-profile discrimination cases, including that of Eleanor Swift, a law professor who sued Boalt Hall Law School at UC Berkeley in 1989 to win tenure denied her because she is a woman, and a multimillion-dollar bias suit against the San Francisco Fire Department in which then-Fire Chief Bob Demmons was a plaintiff. She was a founding member of Equal Rights Advocates, a public interest law firm that works on behalf of women subjected to sex discrimination. Ms. Dunlap was also a professor at Hastings College of the Law in San Francisco, Golden Gate University, the University of San Francisco and Stanford University, where she formed the law curriculum on sexual orientation. She also developed course work for law classes on sexual orientation at the University of Michigan. Ms. Dunlap left her active law practice after the suit against the Fire Department was concluded. The litigation resulted in the issuance in 1988 of a decadelong consent decree in which a federal judge in San Francisco oversaw the department's testing, hiring and promotion policies. Friends said Ms. Dunlap was diagnosed with pancreatic cancer in September 2001. She shared her progress on a Web site, discussing her chemotherapy and radiation treatments and thanking friends for their support. In an entry on the Web site on Sept. 15, Ms. Dunlap wrote, "It is extremely hard to be confronted with so many unknowns, so much that is way, way beyond my control. My faith in the essential goodness that is always present in some form - real, potential, imaginable -- comforts me deeply. Along with plenty of fear and distress, I am hope-full." More recently, Ms. Dunlap told her partner, "I am so tired of thinking ! about cancer. I want to be thinking about poetry, or the Supreme Court. Or the Giants." "Mary gave it such a strong fight. I think a lot of us thought that she was going to beat it," said Jean Field, a senior attorney with the Office of Citizen Complaints. In her spare time, Ms. Dunlap enjoyed painting and giving gifts to children and anyone who seemed in need of them. "She was a remarkable individual who touched so many people's lives," said Samara Marion, a staff attorney with the complaints office. "She was able to build bridges with so many different kinds of people," Marion said. "She embraced her death in the way she embraced her life, which was with incredible integrity and passion and love and openness." Former San Francisco Police Chief Fred Lau, who often found himself at the opposing end of complaints office investigations, said, "I really respected her tenacity in fighting for what she thought was right. She was the consu~ate professional." Lau said he was pleasantly surprised when Ms. Dunlap briefly returned to run the agency she loved after her first bout with cancer. "That showed her capacity to fight," said Lau, who is now head of security at Oakland International Airport. Connie Perry, president of the Police Commission, said Ms. Dunlap will be missed as a formidable advocate for citizens' rights in the face of the Police Officers Association, the police union. "She was tough; she was also very good," Perry said. ''She was a very bright person -- there was always contention between her and the POA. That's the nature of the business." Besides her partner, Ms. Dunlap is survived by her sister, Helen Dunlap. Funeral arrangements are pending. Chronicle staff writer Jaxon Van Derbeken contributed to this report. http://www.sfgate.com/cgi-bin/article.cgi?file /chronicle/archive/2003/O1/22/BA185810.DTL eSafe scanned this email for malicious content IMPORTANT: Do not open attachments from unrecognized senders Page I of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Thursday, January 23, 2003 10:03 AM To: update@nacole,org Subject: [NACOLE Update] Police chief's lawyer says perjury trial just politics Jan. 22, 2003, 4.'03PM Police chief's lawyer says perjury trial just politics By LISA TEACHEY Copyright 2003 Houston Chronicle EXTRA [ ~] 1 Houston Police Chief C.O. Bradford's legal troubles are the result of a vendetta by a subordinate and a former lawyer for the police union, one of the chiefs defense From the Chronicle Archives: attorneys said this morning. Pohce chief s perlury trml st~rs debate - Jan, 19 Bradford s current troubles hehe an eyempla~ career - Sept. 22 · Bradford's lawyers release transcript of hearing - Sept. 13 "This is not a case about the chief being above the law," · HPD's chief indicted ~ Sept, 7 George McCall "Mac" Secrest said during opening statements as Bradford's aggravated perjury trial got under way. "What this case is about is petty police politics," Secrest told the jury. "...This ugly accusation is borne out of a vendetta by Capt. Mark Aguirre and his lawyer Bob Thomas." But prosecutor Don Smyth told the panel the chief had violated the law and the state would prove Bradford intentionally lied under oath about cursing a subordinate. Aguirre brought the complaint against Bradford to the district attorney's office after Bradford had reprimanded Aguirre for using profane and threatening language with his subordinates. Aguirre has since been indicted on an unrelated charge of official oppression in connection with the mass arrests of people this summer at a westside Kmart. Aguirre was accused of calling officers under his command "sons of bitches" and "lazy bastards" and threatening to "chop (the officers') heads offstarting at your anus" and "grind them up into dog patties and stomp them into pancakes. During a grievance hearing in May, in which Aguirre was appealing the reprimand, Bradford was asked if he had ever called Asst. Chief J.L. Breshears a "mother ...... "during a June 2001 meeting. [] ~l;omas Bradford admitted it and denied it. Carlos Antonio Rios/Chronicle Transcripts from the hearing show Capt. Mark Aguirre's lawyer, Bob Thomas, testified today that there was no vendetta against Houston's police chief. Bradford admitted profanity may sometimes be used at meetings but said he did not recall calling Breshears the name. Bradford then denied doing it but added if he did, it was wrong. 1/23/03 Page 2 of 2 Breshears testified at that hearing that he had once given sworn testimony at another hearing that Bradford had called him the name during a November 2000 meeting. Secrest said Aguirre had been represented by Thomas originally and that it was well-known through the department that Thomas did not like Bradford. But Thomas was no longer working for the union when Bradford was questioned at the grievance hearing. Bradford reduced the grievance panel's recommendation ora five-day suspension for Aguirre to a written reprimand. Testimony in Bradford's perjury case continues this afternoon. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1/23/03 Page 1 of 1 Marian Karr From: Mark Halfmoon [markhalfmoon@yahoo.com] Sent: Thursday, January 23, 2003 3:54 PM To: RHAaronson@aol.com Cc: update@nacole.org Subject: [NACOLE Update] City Attempting to Kill Police Oversight Dear Bob, I am currently out of state on emergency family medical business. I will be back in town by Sunday night. I am concerned with the disingenuous and dishonest way the Santa Cruz City Council has misrepresented the events and numbers in it's current attempt to kill citizen oversight of police in the city. By now you know that our staff has been laid off but the Council did not see fit to consult with myself or the vice-chair as was promised. We were not even officially informed of this action. I learned of it when a reporter from Channel 8 News approached me at work about one hour after I left the CPRB office. I understand that city council is planning to vote to rescind the ordinance establishing CPRB at their next meeting on Tuesday, 1/28. As you know, at our February 9th meeting the Santa Cruz Model Ad Hoc Committee reported some of its recommendations to the board. We were in the process of preparing a proposal to city council. The council in public and in the media has exaggerated the costs of the CPRB. The sequence of events has also been skewed at Council meetings and in the press. Vice-Chair Fouse and myself have been trying to schedule a meeting with the mayor and city council members for weeks to no avail. As soon as I return on Sunday, 1/26, I will meet with Brent and we will begin preparing our response to the council. There are facts relating to this situation that you may be unaware of. May we call you for advice on this matter? Help Mark Halfmoon, Chair, Santa Cruz Citizen's Police Review Board Do you Yahoo!? Yahoo! Mail Plus - Powerful. Af/brdable. Sign up no~ 1/2 3/0 3 Marian Karr From: Kelvyn ^nderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 5:42 AM To: update@nacole.org Subject: [NACOLE Update] Cincinnati OH - Ex-Toldeo cop tapped to head Citizen Complaint Authority Friday, January 24, 2003 Toledo police vet to lead authority He'll run new watchdog agency By Gregory Korte The Cincinnati Enquirer A 28-year veteran of the Toledo Police Department will be the first director of Cincinnati's new police watchdog agency - an entity that has been described as one of the most powerful in the nation. Nathanael L. Ford spent most of his career in the internal affairs section of the police department, and rose to the level of deputy police chief. City Manager Valerie Len~ie announced his appointment Thursday. His primary mission, he said, will be to "restore the faith and trust of the community in investigating alleged police misconduct." Mr. Ford's application came in just two weeks ago. And though his selection comes five months behind schedule, no one complained. Ms. Lemmie said she wanted to make sure the parties in the settlement of a racial profiling lawsuit against the city - including the Cincinnati Black United Front and the Fraternal Order of Police - agreed on the selection. "The city manager could have just hired someone herself," said Kenneth L. Lawson, the lawyer for the Black United Front. "What Valerie Le~ie told all the parties was that we weren't going to have any director until we could all agree, and that demonstrates the spirit with which we're moving forward." Mayor Charlie Luken has described the Citizen Complaint Authority as the "cornerstone" of the two landmark agreements on police-coPmt~unity relations that followed the April 2001 death of Timothy Thomas and the riots the next week. In many ways, the job is even more important than the court-appointed monitor who will oversee the agreements. It is a permanent, everyday, hands-on position. Mr. Ford will lead a staff of full-time investigators who will look into complaints of serious police misconduct. In most cases, they will have just 90 days to close a case and send it on to the seven-member Citizen Complaint Authority board, which will recommend disciplinary action to the city manager. The authority replaces the Citizen Police Review Panel, which disbanded after many of its board members resigned to protest its ineffectiveness. The mayor appoints members of the new panel. The agency will also have the power to analyze use-of-force trends beyond complaints of single incidents, and make recommendations for changes in police policy. These who interviewed Hr. Ford had nothing but praise for him Thursday. "I think he exudes sincerity, dedication and confidence," said Nancy Hinson, chairwoman of the Citizen Complaint Authority hoard. "He appears te be a diplomat, and can deal with issues en many different levels. "He embodies everything we hope the CCA stands for," she said. Mr. Lawson, who interviewed Mr. Ford for more than two hours Saturday, said he came highly recommended by black police officers and civil rights groups in Toledo. Mr. Lawson said he wasn't looking for a director who would automatically conclude that every police shooting was unjustified. "We want to have so much confidence in this board that if you say it was a justifiable shooting, we can take that to our constituents and tell them it was justified," he said. Mr. Ford now serves as director of Lucas County's Criminal Justice Coordinating Committee, which fosters cooperation between courts and law enforcement. He will make $96,000 a year. E-mail gkorte@enquirer.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 5:45 AM To: update@nacole.org Subject: [NACOLE Update] Portland OR - Police review altering of file in officer's case This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org {wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLBYGC; Fri, 24 Jan 2003 08:53:56 -0600 Received: through eSafe SMTP Relay 1043409473; Fri Jan 24 08:56:03 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18cSBg-0000HS-00; Fri, 24 Jan 2003 08:52:08 -0600 Received: from snipe.mail.pas.earthlink.net ([207.217.120.62]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18c4zK-0008Gw-00 for update@nacole.org; Fri, 24 Jan 2003 08:39:22 -0600 Received: from bigbird.psp.pas.earthlink.net ([207.217.78.244]) by snipe.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18c50m-0001PP-00; Fri, 24 Jan 2003 06:40:52 -0800 Received: from [207.217.78.16] by EarthlinkWAM via HTTP; Fri Jan 24 06 :40:52 PST 2003 Message-ID: <4308612.1043419252501.JavaMail.nobody@bigbird.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Portland OR - Police review altering of file in officer's case Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Fri, 24 Jan 2003 06:45:11 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.org Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Police review altering of file in officer's case-20 01/24/03 MAXINE BERNSTEIN=20 and ROBIN FRANZEN-20 The Portland Police Bureau is investigating its handling of an officer 's domestic dispute and why a records manager altered a police record at the= request of the officer involved and a sergeant.-20 The investigation follows the resignation of 10-year bureau veteran Mi ke - Pimentel last month after he pleaded guilty to coercion. Charges of do mos- tic violence, official misconduct and tampering with a police record w ere= dropped in a plea deal.=20 Pimentel, 37, also had to relinquish his certification as an Oregon po lic= e officer and serve three years' probation.=20 While the internal affairs investigation centers around Pimentel's cas e, the bureau will also look to see if it points to a wider practice of o ffi- cers trying to have police reports altered in which they're named.=20 At Pimentel's sentencing, a state prosecutor castigated bureau members fo= r trying to sweep "dirty laundry under the rug."=20 Criminal investigative reports obtained by The Oregonian reveal that a se= rgeant and Pimentel repeatedly phoned Debra Haugen, the bureau's civil lan= records manager, to persuade her to downgrade the seriousness of Pime nte- l's alleged domestic dispute.=20 They also reveal that the Pimentel case was not the first time officer sh= Page 2 message.txt ave contacted Haugen directly seeking to alter records.=20 Internal police records show that Pimentel and Southeast Portland Sgt. Ch- arles Brown, in three separate phone calls, urged Haugen to change an Aug= -2E 11, 2001, domestic violence report involving Pimentel and Corinne Cla= nton, his girlfriend and a police records clerk at the time, to a nois ed isturbance.. 20 Haugen did admit that she changed the report's classification to a dis tur= bance, a less serious category that generally would have kept domestic vi= olence detectives from reviewing the report and could have prevented t he = officer from facing a potentially career-ending criminal charge.=20 Yet, in this case, one of Haugen's subordinates -- the records trainin gc= oordinator -- had already sent copies of the original report to the Do mes= tic Violence Reduction Unit.=20 In her interview with Portland detectives, Haugen characterized Piment s call as a "bit of a power whine." She said she became irritated with Pi= mentel because she had received so many calls about the report.=20 "Records Manager Haugen said that it is not unusual for her to get pho ne calls any time a police officer's name is listed in a report, particul arl= y involving off-duty incidents, asking her to remove their names," Det ect= ive Cheryl Kanzler wrote in a police report obtained by The Oregonian. =2O In fact, the sergeant who called Haugen twice regarding Pimentel's cas e r= eportedly suggested that she remove Pimentel's name in association wit ha= domestic call from the Portland police computer system, Haugen told d ete= ctives, according to a transcript of her interview.=20 Page 3 message.txt "I felt again that he didn't want particularly Pimentel's name associa ted= with the case," Haugen told detectives. "But I again explained to him th= at that couldn't be changed. That they were involved in the incident. We,= we can't change history here and that would have to stay."-20 Because of the ongoing investigation, Portland Police Chief Mark Kroek through his spokesman, declined to comment on the bureau's handling o fp= imentel's case.-20 "The chief can't comment on something that is part of an ongoing inves tig- ation," said Sgt. Brian Schmautz, bureau spokesman. "If the investigat io~= reveals there's a practice that needs to be changed, or if it reveals y procedural changes that need to occur, he will focus on that. That's wh= y they do the investigation."=20 Sam Walker, a criminal justice professor at the University of Nebraska at= Omaha and an expert on police oversight, said the fact that two offic felt they could approach and try to persuade the records manager to a lte- r a report is a problem.=20 "That's something officers learn over time. That if they make a call a nd = someone listens, they'll do it again," Walker said. "If not, they'll q uit= calling."=20 Manager cites paranoia Detectives advised Haugen last summer that she a suspect in a criminal investigation regarding the reclassification of - Pimentel's reports.=20 She was called to testify before a grand jury but was not charged with y crime. She remains a subject of the ongoing internal police investig Page 4 message.txt ati on.=20 Contacted this week, Haugen said she could not talk about the Pimentel se.. But she did speak generally, explaining that in the majority of c ase= s in which she hears from officers are those in which they are victims of= a burglary or car prowl. They ask her to take out their home address or = phone number from a report for their personal privacy and safety, she sai= d.=20 "The primary reason I will get a call is because their home address is li- sted in the computer," she said. "They're very paranoid, and nervous a ny = time they're listed in a case."=20 Haugen added that any officers' contact with her regarding the handlin go= f reports involving alleged police misconduct "would be rare."=20 The August 2001 police report detailed an argument between Pimentel an dC lanton as they were driving home from a wedding. Clanton tried to get out= of the car as Pimentel was yelling, screaming and pounding on the ste eri= ng wheel, the police report said. Pimentel grabbed her by the arm, the ns= topped the car and got out to block her from outside the passenger doo ntil bystanders intervened and called police, the report said. Pimente if= lashed his badge at the bystanders when they told him they'd call poli ce.= =20 An officer responded, took a report from witnesses and caught up with Cla= nton, who had walked away from the scene to a nearby restaurant. No ch arq= es were filed, but police wrete a special report en the call and submi tte= d it to the records divisien.=20 Page 5 message.txt When interviewed by detectives, Haugen said she remembered the Pimente 1 c= ase, mostly because she received so many phone calls about it.-20 Sgt. Brown called Haugen twice, saying he thought the incident was blo way out of proportion by the witnesses and did not rise to a domestic dis- pute, the records show.=20 Then Pimentel called Haugen directly.=20 "I basically told her if there's anything that, you know, you can do t o 1 ook into it, I'd appreciate it," Pimentel told detectives, according t o t- he internal reports. "I also told her that, you know, I don't have any · y= ou know, influence or horsepower to make you do anything, but if you'd ju-- st take a look, I'd appreciate it."=20 Haugen told investigators she reread the report after the calls and ch ang ed its classification from a domestic to a disturbance, both on the wr itt= en report and in its entry into the police computer system.=20 Asked by detectives why she reclassified the report, Haugen cited thes e r= easons: She found the report contained conflicting accounts of what oc cur= red, Clanton had told her personally that it was "a big nothing," no a rte= st was made and copies had already been sent to domestic violence dete cti yes. In making the change, Haugen failed to note on the report that sh e w= as the one who altered it, part of records division protocol. She told de= tectives she forgot~=20 Haugen also said she placed the report in a special locked file for ab out three weeks, or until interest died down, to prevent "snooping" by po lic= e or civilian staff, Haugen told detectives. Usually, police records i Page 6 message.txt nvo= lying alleged misconduct by Portland officers, er as she put it "inter hal= criminals," er any high-profile suspect, is kept in that locked file, ugen told detectives.-20 Stacy Heyworth, a senior Hultnomah County deputy district attorney who ha= ndles domestic violence cases and prosecuted Pimentel, said the bureau failure to intervene earlier in Pimentel's volatile relationship with Cla- nten led te his subsequent arrest July 2 after a second, mere serious inc- ident involving Clanten and the less of his job.=20 In court, she said she didn't detect "nefarious intent" by bureau memb ers= , but characterized it as a series ef "mistakes" by the two officers a nd = Haugen who didn't follow their own protocol simply because "they didn' tt= hink it was that big a deal." Haxine Bernstein: 503-221-8212; maxinebe ms= tein@news.oregonian.com Robin Franzen: 503-221-8133; robinfranzen@news egonian.com=20 C2=A9 2003 The Plain Dealer. Used with permission.=20 Copyright 2003 Oregon Live. Ail Rights Reserved.=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 7 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 5:49 AM To: update@nacole.org Subject: [NACOLE Update] Washington Township NJ - Call for drug tests irks cops Friday, January 24, 2003 Call for drug tests irks Wash. Twp. cops By TIM ZATZARINY JR. Courier-Post Staff WASHINGTON TWP. Five police superiors have volunteered for drug testing and are encouraging other officers to follow suit after two township officers were arrested on drug charges last month. But police union leaders said they've already made it clear the rank and file supports random drug testing and that officers would volunteer to be tested. "Every member I've talked to would be more than willing," said patrolman Paul Martin, president of Policemen's Benevolent Association Local 318. "I fail to see why, when we're all on the same page, it seems to be controversial." The union has been at odds with the police chief for the past two years on various issues. Chief Francis V. Burke Jr., Deputy Chief James Murphy, Capt. John Gallagher and two lieutenants will be tested, Murphy said Thursday. "It was brought up at a staff meeting and it sounded like a good idea," Murphy said. "Public trust and confidence in our police department is a grave comcern of ours." On Dec. 15, authorities said, off-duty patrolman Amalio Gurcsik, 25, was arrested after he drove his marked patrol car to a Cherry Hill pizzeria and bought two $20 bags of cocaine from aN undercover officer. Gurcsik, a three-year officer, was charged with official misconduct and trying to buy drugs. That same week, two more officers were accused of using illegal drugs and charged with misconduct: patrolman John Lombardo, 30, and Harrison Patrolman Michael Thiel, 32, both five-year veterans. The charges prompted Gloucester County Prosecutor Sean Dalton to introduce a countywide random drug screening policy for police, which takes effect in March. Gurcsik and Lombardo are members of Fraternal Order of Police Regional Lodge 86. Patrolman Thomas Cushane, the lodge's president, said the union supports "a properly constructed drug-testing program." The state FOP helped the state Attorney General's Office write guidelines for random drug testing of police officers four years ago, Cushane said. "Why hasn't Chief Burke developed a drug-testing procedure that could have been properly adopted by ordinance in Washington Township, as anyone with any legal understanding and common sense would do?" Cushane said. "What is he going to do with a police officer who chooses not to volunteer? Point the finger? Then what?" Morale within the 84-member department has suffered since the two officers were charged, according to Murphy. "I think there are some people (in the department} who are embarrassed by these events," he said. "And others are very determined to prove to the public that thpy don't condone or participate in these sort of activities." Reach Tim Zatzariny Jr. at (856} 845-4617 or tzatzariny@courierpostonline.com Thank you for visiting www.ceurierpostonline.cem Update mailing list Update@nacole.org http://nacele.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 5:52 AM To: update@nacole,org Subject: [NACOLE Update] Oakland CA - Key testimony in corruption trial KTVU.com Key Testimony In Oakland 'Riders' Cops Case POSTED: 1:45 p.m. PST January 23, 2003 UPDATED: 3:24 p.m. PST January 23, 2003 OAKLAND, Calif. -- An Oakland police sergeant took the stand Thursday in Alameda County Superior Court to testify about his four-month Internal Affairs investigation into a group of former officers now on trial for criminal misconduct. Sgt. Jonathan Madarang, a 25-year veteran of the Oakland Police Department and former Internal Affairs investigator, took the witness stand in the Oakland courtroom of Judge Leo Dorado Thursday morning. In what has become known as the "Riders" case, Clarence "Chuck" Mabanag, 37, Matthew Hornung, 31, and Jude Siapno, 34, are charged with filing false police reports and conspiring to hide their misdeeds, including alleged beatings, over a two-week period in June and July 2000. They have pleaded innocent to the charges. A fourth defendant, Francisco "Frank" Vazquez, fled to avoid prosecution. An investigation into the officers began in July 2000 after the resignation of rookie Keith Batt, who quit after just two weeks on the force. Deputy District Attorney David Hollister on Thursday walked Madarang through the events of July 5, 2000, when he first interviewed Bart and learned of the allegations against the defendants. Bart, Madarang testified, was "scared, apprehensive and a little angry" as he sat down in the Internal Affairs office. "He didn't want to be where he was," Madarang testified. "My image is that he didn't want to be in my office talking to an Internal Affairs investigator ... He just wanted to be done with this experience with the Oakland Police Department." In view of Batt's demeanor, Madarang said he decided to delay switching on the tape recorder. Defense attorneys have insinuated that the four audiotapes made on the day that Batt first spoke with Madarang were suspect because conversations between the men prior to the recorder being turned on were not captured. Defense lawyers have accused Batt of embellishing his accusations. But Madarang, who spent six years of his career with the prestigious homicide section, said his technique was consistent with his training and experience. "I had this feeling that (Bart) was going to just get up and leave, I knew that he had resigned ... I couldn't order him to stay," Madarang explained. "I had to spend a lot of time (off-tape) kind of coddling him." Hadarang testified that he reassured Bart that what he was doing was important for both himself and the Police Department. Over the course of Madarang's investigation, which ran from July into November and began as a purely administrative rather than criminal probe, he interviewed roughly 100 witnesses. The district attorney's office eventually became involved, in September 2000, when evidence ef alleged crimes by the former officers began to surface. The defendants were charged on Nov. 1, 2000. Opening statements in the case began en Sept. 12. Defense attorneys may begin presenting their case this month. Copyright 2002 by Bay City News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Update mailing list Update@nac©le.org http://nacole.org/mailman/listinfo/update nacole.org 2 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 5:54 AM To: update@nacole.org Subject: [NACOLE Update] Philadelphia PA - Officer Denies Starting Fight In Hearing NBC10.com Officer Denies Starting Fight In Hearing Charles Bucceroni Accuses Other Officers Of Misconduct POSTED: 12:13 p.m. EST January 23, 2003 UPDATED: 12:24 p.m. EST January 23, 2003 PHILADELPHIA -- NBC 10 News has learned that an officer who is accusing other officers of misconduct, is saying that he did not instigate a fight that broke out in court last week. Both sides are telling different versions of what happened. In a photo taken after his police board of inquiry hearing last week, Officer Charles Bucceroni (pictured, left) was shown to have a black eye, bruises and wearing a neck brace. Police said that a fight broke out during the hearing and Bucceroni allegedly attacked Inspector Joe Sullivan and four other officers. Bucceroni is charged with multiple counts of aggravated assault, but his attorney said that Bucceroni didn't provoke the fight and thinks the charges should be dropped. "Because, generally speaking, when you are not the aggressor and you get your head beat in, you are not the person that's charged," Bucceroni's attorney Charles Peruto Jr. said. Sullivan, however, maintains that he did nothing to provoke the attack. Philadelphia's police commissioner, Sylvester Johnson, agreed that Sullivan did not start the fight. "(He) did nothing. He was sucker punched by the officer. He's not a small officer. So there was a struggle. I'm not sure what happened after that," Johnson said. Last week, police said Bucceroni was no stranger to Internal Affairs. But Bucceroni claimed he has never been disciplined in the past. He said that he began having problems on the job, only after coming forward with knowledge of police and prosecutor misconduct. During the hearing, Sullivan and two captains and two lieutenants were scheduled to testify against Bucceroni. Copyright 2003 by NBC10.com. Ail rights reserved. This material may not be published, broadcast, rewritten or redistributed. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [keIvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 6:48 AM To: update@nacole.org Subject: [NACOLE Update] Miami FL - Nine Join Oversight Panel This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. messagel.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLBYT0; Fri, 24 Jan 2003 09:52:51 -0600 Received: through eSafe SMTP Relay 1043409473; Fri Jan 24 09:54:58 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18c661-0002kJ-00; Fri, 24 Jan 2003 09:51:07 -0600 Received: from gull.mail.pes.earthlink.net ([207.217.120.84]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18cSxs-0002Fn-00 for update@nacole.org; Fri, 24 Jan 2003 09:41:56 -0600 Received: from bigbird.psp.pas.earthlink.net ([207.217.78.244]) by gull.mail.pas.earthlink.net with esmtp (Exim 3.33 %1) id 18cSzK-00020b-00 for update@nacole.org; Fri, 24 Jan 2003 07:43:26 -0800 Received: from [207.217.78.16] by EarthlinkWAM via HTTP; Fri Jan 24 07 :43:26 PST 2003 Message-ID: <2987073.1043423006823.JavaMail.nobody@bigbird.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Miami FL - Nine Join Oversight Panel Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 24 Jan 2003 07:47:46 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.org Page 1 messagel.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Media hype often creates unrealistic expectations. Notice how the Miam ip= ariel, as in the earlier story on Cincinnati's new board, is described as = "one of the nation's most powerful."-20 Judging from our experience with Timoney here in Philadelphia, if he c hoo= ses to ignore and marginalize the board's work as he did with our Comm iss= ion, it could be a long time before that potential is realized, if eve Hope I'm wrong. -kelvyn=20 Posted on Fri, Jan. 24, 2003 =20 9 join police-probe panel BY CAROLYN SALAZAR csalazar@herald.com A funeral home owner, a pastor and a defense attorney were among the M iam- i residents appointed Thursday to a Miami panel expected to be one of the nation's most powerful boards investigating police misconduct. City commissioners chose nine people to serve on the Civilian Investig ati- ve Panel, one of five police oversight boards in the country with subp oen= a power. Mayor Manny Diaz still needs to make three appointments, and Police Ch 'ief- John Timoney needs to make one before the 13-member panel is fully fo rme= d. The commission's appointees were chosen more than a year after Miami v Page 2 messagel.txt ore= rs overwhelmingly endorsed the concept of the panel, at a time when ci vil= rights organizations and other activists were criticizing recent poli ce = shootings. City leaders then spent several months working out the CIP's authority U= ltimately, the citizens' coalition got more of what it wanted than the po= lice union, which hoped to give the CIP only limited power. The appointments are made as 11 Miami police officers stand trial in f ede- ral court, accused of conspiracy to cover up shootings of unarmed susp ect= s. A CIP Nominating Committee had been meeting since February, culling a= list of 118 applicants to 24 finalists. Of the nine, there are five lawyers, a pastor who is a former city com mis= sioner, a banker, a former Miami-Dado school board member and a funera ih= ome owner. ''I hope we will be able to bridge the gap some people in the communit yf- eels there is between them and the police department,'' said member Th oma= s Rebull, a lawyer with Broad and Cassel. Commissioner Arthur Teele Jr. lauded the CIP members as a diverse grou pt= hat can push the panel forward. ''This will be one of the most powerfu la- nd independent oversight boards in the country,'' said Teele, who help ed conceive the idea of the CIP. But Timoney, the city's new police chief brought in to reform the depa rrm= ent, has expressed doubt that the CIP can be successful because he thi nks= other police oversight boards have failed to accomplish what they set ou- t to do. Page 3 messagel.txt Timoney did not attend the meeting and said through an aide that he wo uld= not comment on the appointments. Diaz, who was out of town at a mayor sc= onference, did not return calls seeking comment. In addition to Rebull, commissioners chose Donald Bierman, a partner a tt- he law firm Bierman Shohat; Richard Dunn, a pastor at Word of Life Mis sio= nary Baptist Church and former city commissioner; Janet McAliley, a fo rme= r Miami-Dade SchOol Board member; Jaime Perez, executive director of t he Spanish American League Against Discrimination; Peter Roulhad, vice pr esi= dent of comraunity development for Wachovia; John Ruiz, a lawyer; Hecto rS- ehwerert, an investigator for the public defender's office; and Fred S t. Amand, a funeral home owner. Lida Rodriguez-Taseff, president of the Miami chapter of the American Civ= il Liberties Union, said the CIP will be effective if the members prov et= heir fairness through their actions. ''If they are fair, everyone in the community will respect them and ii ste= n to what they have to say,'' she said. ''They can be a persuasive voice for positive change. But what we don' tw= ant them to be is a body that paralyzes the police force.'' Herald staff writer Oscar Corral contributed to this report. -20 =C2-A9 2001 miamiherald and wire service sources. Ail Rights Reserved. http://www.miami.com 20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Page 1 of 4 Marian Karr From: Pierce Murphy [LPMurphy@cityofboise.org] Sent: Friday. January 24, 2003 9:50 AM To: Update@NACOLE.org Subject: [NACOLE Update] Northern ireland: Police and police ombudsman reach agreement BBC, 23 January, 2003: Omagh legal bid withdrawn The Police Association has withdrawn an application to have Police Ombudsman Nuala O'Loan's critical report into the Omagh bomb investigation quashed. Both sides reached an agreement at the High Court in Belfast on Thursday. The Police Association wanted a judicial review of Nuala O'Loan's devastating criticism of the then RUC's handling of the probe into the Real IRA attack in August 1998. Mrs O'Loan published a scathing report on the investigation of the 1998 Omagh bombing, in which a Real IRA car bomb killed 29 people. It concluded that the judgement and leadership of the then Chief Constable Sir Ronnie Flanagan and the assistant chief constable of the crime division was "seriously flawed". 'Report remains' Mrs O'Loan conceded she should have given Sir Ronnie more time before she published the paper in December 2001. A statement read out in court said: "The parties consider that this resolution of their differences is in the public interest." Speaking outside the court, she said: "I'm very pleased, because my report still stands. "The challenge has been withdrawn and I have been vew concerned about the Omagh families over the past year, but they can now rest content that the report remains." The judge, Mr Justice Kerr, praised both sides for being able to settle a complex dispute. "I was happy to give to the parties the time necessary to reach what I consider to be a commendable disposal of this very difficult litigation," he said. 1/24/03 Page 2 of 4 Speaking outside the court, Assistant Chief Constable Stephen White said it was time to put an end to the dispute. "As a senior member of the PSNI leadership I look forward to a healthy and improved working relationship with the Ombudsman and all those in her office and I believe that's what everyone seeks," he said. "We are not here to renegotiate or re-debate a closed matter which allows us to move forward with mutual respect so we can all do our jobs more effectively for the people of Northern Ireland." Policing Board Deputy Chairman Denis Bradley said it had been unwise to take the matter to court in the first place. "I congratulate all those involved for having the wisdom to put it out of court and put it behind us," he said. Michael Gallagher, whose son Aidan died in the Omagh bomb, said he was glad the issue had been resolved. "The problem with Omagh is we have heard so much about the periphery, but the actual investigation itself hasn't moved forward," he said. "The focus should be on what everyone wants and that is the people responsible put behind bars." The PSNI had criticised the report as containing "factual errors". The papers lodged by the Police Association's solicitors included affidavits sworn by Sir Ronnie and association chairman Jimmy Spratt. Statutory powers The association contended the ombudsman's report and associated decisions were unlawful because the chief constable and other senior officers were denied a fair and reasonable opportunity to make a considered and informed response. The papers stated the ombudsman "subjected the chief constable to a withering condemnation of his professional skills, abilities and judgement" without giving him a chance to respond. Accusing the ombudsman of being "unreasonable and disproportionate", the papers concluded: "The ombudsman's report and associated decisions constitute a misuse of her statutory powers, responsibilities and functions." 1/24/03 Page 3 of 4 Two days had been set aside for the hearing before Mr .lustice Kerr. The Police Association represents all ranks in the PSNI. Sir Ronnie's affidavit supporting the case for quashing the report was accompanied by one from Ray White, a former assistant chief constable. The ombudsman's office will have affidavits from acting deputy chief constable of the PSN! Alan McQuillan and Assistant Chief Constable Sam Kincaid. =A9 BBC. M[vlI!!. .lan 23 2003 Police drop bid to overturn Omagh report Police chiefs have dropped a legal bid to overturn a damning assessment of their investigation into the Omagh bomb atrocity. The devastating report issued by Northern Ireland Police Ombudsman Nuala O'Loan on the inquiry into the Real IRA bomb attack which killed 29 people still stands after both sides reached agreement at the High Court in Belfast. Mrs O'Loan has conceded she should have given former Chief Constable Sir Ronnie Flanagan more time before she published the paper in December 2001. Outside the court, she said: 'Tm very pleased because my report still stand= S. "The challenge has been withdrawn and I have been very concerned about the Omagh families over the past year, but they can now rest content that the report remains." The Police Association, which represents senior officers and rank and file members, had applied for a judicial review of Mrs O'Loan's findings, claiming her report was grossly unfair. She claimed the inquiry had been hampered by "defective leadership, poor judgement and a lack of urgency" and singled out Sir Ronnie, accusing him of "seriously flawed judgement". 1/24/03 Page 4 o£4 Her comments prompted the ex-Chief Constable to a public outburst when he pledged to publicly commit suicide if her allegations were proved. He was named as one of the applicants seeking a judicial review, but after both sides' legal teams spent hours wrangling a compromise was reached. It was agreed that the litigation should be discontinued while the Ombudsman accepted, with hindsight, that senior Police Service of Northern Ireland officers should have been given better notice of the allegations against them and more than the two weeks granted for a response before the document was published. 1/24/03 Page 1 of 4 Marian Karr From: Pierce Murphy [LPMurphy@cityofboise.org] Sent: Friday, January 24, 2003 9:51 AM To: Update@NACOLE.org Subject: [NACOLE Update] Northern Ireland: Police Ombudsman to probe commander's MI5 claim UTV, 23/01/2003: Ombudsman to probe commander's MI5 claim By: Press Association Police Ombudsman Nuala O'Loan is to be called in to probe a Belfast Special Branch commander's claim that he was forced out by MIS, it was confirmed today. The Northern Treland Policing Board has called in Mrs O' Loan to deal with Bill Lowry's potentially devastating allegations. One source on the scrutinising body said: "We had a tense meeting and took a majority decision that the Ombudsman should investigate this.' ' Chief Superintendent Lowry led the operation which uncovered a suspected IRA spy ring at the heart of the Northern Ireland government last October. The raids at Stormont led to the suspension of the power-sharing administration and left unionists bitterly sceptical about dealing with republicans again. But weeks later Mr Lowry quit the force, claiming he had been betrayed and humiliated. He wrote to the board demanding they investigate his allegations that a phone call from London led to his removal days after a major row flared inside the Police Service of Northern Ireland's headquarters over the anti-IRA operation. Mr Lowry claimed he was forced out to appease Sinn Fein because he had arrested prominent republicans during the intelligence raid. But Chief Constable Hugh Orde has rejected any suggestion that it came under political pressure to get rid of the Special Branch officer. His letter of complaint had been passed to IVlrs O' Loan' s office, but she sent it back saying that it had not been referred to her under 1/24/03 Page 2 of 4 the proper legislation. The 19-member body was then split over whether an independent investigator should be called in or have the matter returned to the Ombudsman under the correct rules. But it is understood that at a sub-committee meeting in Belfast today board chairman Professor Desmond Rea argued that it was a high profile case which must be probed by IVlrs O' Loan. lan Paisley junior, a hard line Democratic Unionist board member, had been demanding an outside agency investigate Mr Lowry's allegations. He said today: ' 'The public interest must be served by a thorough inquiry into this matter. · ' No cover up will be accepted and under no circumstances will an Ombudsman' s investigation which does not come up with the goods be tolerated by the community.' ' UTV, 22/01/2003: Ombudsman to probe Lowry allegations Police Ombudsman Nuala O'Loan is to probe a Belfast Special Branch chief's allegations that he was forced out to appease republicans. lan Paisley .]r, a hard-line member of the Northern Ireland Policing Board, has accused his colleagues of washing their hands of Bill Lowry' s complaints by calling in Mrs O' Loan's office once again. He insisted: ' 'T do not want a cosy cover-up or an investigation that metamorphosises into an investigation into Special Branch. "No one seriously believes that the Ombudsman can deliver a credible investigation given the track record of opposition by that office against the Special Branch." Chief Superintendent Lowry headed the operation against a suspected IRA spy-ring inside the Government' s offices at Stormont last October. But he stood clown suddenly weeks later after an internal row flared at the Police Service of Northern Ireland' s headquarters. He was set to face disciplinary action before departing from his job with an exemplary service record. With the anti-espionage operation leading to the power-sharing administration in Belfast being suspended, he has claimed MI5 ordered 1/24/03 Page 3 of 4 his removal to satisfy Sinn Fein demands. Chief Constable Hugh Orde has denied coming under any pressure to get rid of him. But in a letter of complaint to the board, IVlr Lowry claimed he was betrayed and humiliated after a phone call was made from London. Mrs O' Loan' s office was then called in, but she passed the matter back to the board because it had been given to her under incorrect legislation. F4r Paisley and his Democratic Unionist colleagues on the 19-member body have been pressing for an outside agent to probe the allegations. Even though a sub-committee of the board is set to meet on Thursday to finalise its plans, he claimed senior members have already made their minds up. The North Antrim MLA said: "Instead of taking on the task themselves the board now want to wash their hands of this matter and the issues it brings to light. "Tt would be far better for all concerned that the Policing Board appoints its own independent investigating officer from outside Northern Ireland. · ' It would be in the interest of the Chief Constable that he gets the all clear from a credible investigation rather than from one that is seen to be the lessor of two evils.' ' Spokesmen for both the board and Mrs O' Loan· s office tonight refused to comment until after Thursday' s meeting. But Fred Cobain, one of the Ulster Unionists on the board, gave the Police Ombudsman his backing. He said: ' 'This is an issue of public interest and has to be seen to be investigated in an open and transparent way. · ' Nuala O' Loan will carry out a far more in-depth investigation than any other body.' ' Belfast Telegraph, January 23, 2003: Watchdog probe call over Lowry 1/24/03 Page 4 of 4 By David Gordon A POLICING Board committee today recommended that the Police Ombudsman investigate the complaint from ex-Special Branch chief Bill Lowry. It is understood that the board's Corporate Policy Committee made the recommendation after a meeting earlier today. The committee had been due to address the option of referring the allegations made by Mr Lowry to Ombudsman Nuala O'Loan. Mr Lowry has claimed he was effectively forced out of his job over the raids on Sinn Fein offices in Stormont - a charge the Chief Constable denies. The discussions coincided with a legal challenge by police officers against Mrs O'Loan's Omagh bomb investigation report. The judicial review by the Police Association has been publicly backed by Mr Lowry and is supported by the Superintendents' Association which he previously headed. Before the meeting, DUP Policing Board member Ian Paisley Jnr said: "Asking Mrs O'Loan to investigate Bill Lowry's complaint would raise conflict of interest concerns. "The board should appoint an outside police officer to conduct an independent inquiry." Hr Lowry spoke about the Omagh report challenge at the Superintendents' Association AGM last year. He said: "It was with a heavy heart and only after much soul-searching that we as an association felt obliged to support the Police Staff Association in the legal challenge now before the courts. Police officers are entitled to the same standards of natural justice as any other citizen." 1/24/03 Page 1 of 5 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 24, 2003 10:30 AM To: update@nacole.org Subject: [NACOLE Update] Evidence of perjury too weak ..... Original Message ..... From-' HLevy@texasmonthly.com [mailto:MLevy@texasmonthly.com] Sent: Friday, January 24, 2003 10:04 AM Subject: .Jan. 24, 2003, I2.'30AM Evidence of perjury too weak By LISA TEACHEY and S.K. BARDWELL Copyright 2003 Houston Chronicle EXTRA ~ A judge acquitted Houston Police Chief C.O. Bradford of aggravated perjury charges Thursday, finding the evidence was too weak to continue the case. From the Chronicle Archives: · Police chief's p~rjury trial stira debate - Jan. 19 · Bradford's current troubles belie an exemplary career - Sept. 22 The cro'wded courtroom cracked with applause after the · Bradford's lawyers release transcript of hearing - Sept. 13 ruling and the more than 50 Bradford supporters in the · HPD's chief indicted: Sept~ 7 gallery were so eager to hug the chief that it made it difficult for him to leave the courtroom. State District Judge Brian Rains dismissed the charges just minutes after prosecutors rested their case Thursday. Such a ruling is rarely issued, legal experts said, and backs the contention of many -- from jurors to beat officers to public officials -- that the case was flimsy, at best. Bradford said Thursday that in his 25 years in law enforcement, criminal justice and the law, "never in my wildest dreams did I envision a frivolous complaint leading to such bogus indictment. For me and my family this has been unnecessarily exhausting and very defaming." As the jurors left the courthouse Thursday, several said all 12 would have voted to acquit Bradford. "You're innocent until you're proven guilty. They could not prove it," said juror Rosia Moore. "All 12 of us were on the same page. We all agreed." Surrounded by his high-profile lawyers -- Robert C. Bennett, George McCall "Mac" Secrest and Rusty Hardin - - and with his arm around wife, Dee, Bradford thanked God. "God takes care of his children," Bradford said. "When I took my oath of office as chief of police more than six years ago I knew that some days would be better than others." Mayor Lee Brown welcomed the news and told Bradford his job was waiting for him when Bradford returned from a vacation. 1/24/03 Page 2 of 5 "I'm pleased with his job as police chief," Brown said. "I look forward to his coming back to work and assuming his position as Houston's police chief." Bradford was accused of intentionally lying under oath about whether he called Assistant Chief J.L. Breshears a "mother ...... ." The chief said in a police grievance hearing in May that he did not recall using profanity, but if he did, it was wrong. Secrest said the state failed to prove Bradford made a false statement and that the statement was made with the intent to deceive. "They may have established there was a difference of recollection but at no time did Bradford have intent to deceive," Secrest said. Hardin said the judge's ruling means "that failure of memory is not a crime at least not yet in this country. And that's all this was ... Luckily the judge's ruling is that people can remember things differently in different ways. Harris County District Attorney Chuck Rosenthal was in the hospital with a leg injury Thursday and could not be reached for comment. Prosecutor Don Smyth did not agree with Rains' ruling. "There's no question the chief knew what these questions were all about because he had had notice that they were coming," Smyth said. "He had notice exactly what ~vords were going to be attributed to him and the setting." Smyth defended his prosecution of the chief. "We got a complaint," Smyth said. "Now is it my job to take that complaint and flush it? Or is it my job to investigate it and present it to a grand jury if there is evidence to show that it may be a truthful complaint ... "The grand jury heard the same witnesses and even more than the judge and that jury heard. And the grand jury returned a true bill of indictment." Although defense lawyers almost always ask for a "directed verdict" when the state rests its case, judges rarely grant them, said Neil McCabe, a professor of law at South Texas College of Law. "Judges always deny it because there's always evidence you could let the jury use to decide," McCabe said. "Apparently in this case, the judge decided that no rational jury could have found Bradford guilty beyond a reasonable doubt based on the evidence. "In other words, any jury that would find him guilty would have to be crazy." A directed verdict cannot be appealed. The allegation against Bradford stems from a grievance hearing about Capt. Mark Aguirre's use of profane and threatening language. When asked if he called Breshears a "mother ...... "during a June 2001 meeting, Bradford waffled in his answer admitting profanity may sometimes be used at meetings but that he did not recall calling Breshears the name. Bradford then denied doing it but added if he did it was wrong. 1/24/03 Page 3 of 5 Outside the courtroom, Breshears declined to comment on the verdict. Hans Marticiuc, president of the Houston Police Officers Union, said he hoped the Houston Police Department could begin to move forxvard when its chief returns to the helm. "We all want our day in court, whether it be a trial by jury or whatever," Marticiuc said Thursday. "The chief got his." Marticiuc said most of the officers he has talked to thought the matter was trivial and should not have gone as far as it did. Asked whether the entire episode had harmed the reputation of the police department or Bradford, Brown said he thought the judge's decision was a strong message to the public. "It never helps anybody to have your police chief indicted by a grand jury," the mayor said. "But I think he has been clearly exonerated. I think that speaks very loudly about the case against him. I think it speaks loudly about the chief, too. I know the chief to be a man of integrity. I don't think he would intentionally do anything that was wrong." Breshears testified at the grievance hearing that he had once testified during an earlier hearing that Bradford had called him the name during a November 2000 meeting -- not June 2001. About six months before the hearing Bradford had issued a written reprimand to Aguirre for using threatening language with subordinates. Bradford overruled a disciplinary committee recommendation to suspend Aguirre for five days. Aguirre was accused of calling officers under his command "sons of bitches" and "lazy bastards" and threatening to "chop (the officers') heads off starting at your anus" and "grind them up into dog patties and stomp them into pancakes." Aguirre has since been indicted on unrelated charges of official oppression for ordering the mass arrests of hundreds of people at a westside Kmart. The state had called three witnesses -- Breshears, Capt. Merv Yates and police union board member Ronny Martin -- who all said they had warned Bradford he would be questioned about the November 2000 meeting in which they said Bradford used the profanity with several officers. From the stand Thursday Breshears said Bradford had called him and several other officers into his office on Nov. 3, 2000, to "chew" them out for a lax in security for the mayor's family. Brown and his family needed the security after receiving death threats during the election. But his wife's security detail had failed to show up on one occasion. Breshears said Bradford started the meeting by saying "Sit down and shut up. All you (expletive) are in trouble," and then went on a 10-to-20-minute tirade. Breshears testified Wednesday he ~vas "hurt" and "dismayed" by the chiefs language, but he never filed a complaint about the profanity and at the time he did not consider it disrespectful. Although Breshears never complained about Bradford's language, a former police union lawyer found out about it and wanted Bradford to drop the disciplinary action against Aguirre so the hearing would not have to be held. Union board member Martin said the lawyer was going to call the media and try to embarrass the chief and the department. 1/24/03 Page 4 of 5 Aguirre remains under a gag order instituted by the department and cannot comment on Thursday's directed verdict, said Aguirre's attorney, Terry Yates. "It won't affect our case at all," said Yates. He will defend Aguirre against five counts of official oppression in connection with an Aug. 18 raid in which 270 people were arrested. Chronicle reporters Matt Schwartz and Kristen Mack contributed to this story. dan. 24, 2003, 12:50AM Q&A: C.O. BRADFORD Perjury case was 'frivolous' Here are excerpts from an exclusive interview that Houston Police Chief C.O. Bradford gave to Chronicle reporter Lisa Teachey after his acquittal on Thursday: Question: Do you feel this case embarrassed you, the Police Department or the city? Answer: This case clearly embarrassed me and my family, the city of Houston and the Houston Police Department. The frivolous complaint led to what I consider a bogus indictment .... There was no perjury there. Clearly, when you look at my response, I answered a question three times. I don't recall. I can't remember. I categorically deny because I've got no recollection of it. And, if I did, I would be thoroughly embarrassed. I would be wrong, and that's unacceptable. In addition to that, when you look at the fact that I was asked even a different question from what (Assistant) Chief (J.L.) Breshears was asked. Have I ever called him that name? I've known Breshears for almost 20 years. The question to him was regarding a specific meeting, a specific date, a specific time. When the question was asked of me, there was no context, no reference. I had no idea what the attorney was talking about .... Breshears testified I called him that name once in that meeting only. Now, I don't remember calling him that name in that meeting. I don't have recollection of that. But he is saying that happened once in the total time I've known him. So I only had one chance to remember having done it. The odds were against me. I just didn't recall it. I still don't today. Q: What are your feelings toward Capt. Mark Aguirre? A: I think given that there's an investigation under way that he's involved in, it would not be proper that I comment. Q: What kind of mark have the last few months left? A: This incident for me has been unneccesarily exhausting and defaming as well. My family and I, we have suffered dearly over the last several months. Q: Do you think the case had racial overtones? A: I think when the allegation first came to light, there were people who said that the case had racial overtones. There are some aspects about the case where there's a question. But, at the same time, I think that's a question again for the DA's office and those others who pushed the issue. Why did they push it? Not to indicate that I am above the law. I'm not above the law. I've always said that. I don't mind subjecting 1/24/03 Page 5 of 5 myself to the process. I have done that. Q: Do you think it would have gone to trial if you were white? A: I don't determine whether cases should go to trial or not. That's a question for the district attorney's office. Q: Do you feel that you received full support from Mayor Lee Brown and City Council? A: Completely. Complete support. Q: Don't police officers use profane language, particularly when speaking with each other in a departmental meeting, outside the ears of the public? A: Profanity is within the police culture, no doubt about that. In public view, the language is much more what it should be. And it's much more restricted. Inside police locker rooms, meetings, etc., profanity is used. Not that that's right. But that's what happens. It's part of the culture. We have to work harder as professionals in that culture to reduce it. Q: Will this incident affect your ability to lead the department? A: Oh, I think not. If anything, it's strengthened my ability to lead the department. There were just hundreds and hundreds and hundreds of officers who have stood by me throughout this ordeal. They come by my house in their cars, some are on bicycles. They just come by and park in front of the house there. They're there to just show, "This is how I can support the chief." I've received a tremendous amount of support from the officers ... Those officers know of my integrity, know of my honesty. And every time I run into some of those officers and look into their eyes it just fuels the fire inside of me to keep my head up and keep moving. You haven't done anything wrong. Q: What has been the hardest part of this for your family? A: The whole idea that I have 25 years in criminal justice, the law and law enforcement. I have a reputation which is indicative of honesty and integrity. And to be charged with a crime that goes toward my honesty and my integrity, that's been very difficult on me, my name and my family. But I am very, very thankful that the community gave me the benefit of the doubt. Michael R. Levy Founder & Publisher TEXAS MONTHLY Post Office Box 1569 Austin, Texas 78767-1569 direct dial: 512-320-6906 main:512-320-6900 fax:512-320-7350 cell & truck forte: 512-917-6935 digital pager (Texas): 512-606-0629 (or alpha/numeric via metrocall.com) mlevy@texasmonthly.com assistant: Para Keller (512-320-6902) pkeller@texasmonthly.emmis.com http://www.texasmonthly.com TEXAS MONTHLY: If you want to be big in Texas. *** eSafe scanned this email for malicious content *** *** IMPORTANT: De not open attachments from unrecognized senders *** /24/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 24, 2003 10:32 AM To: update@nacole.org Subject: [NACOLE Update] Autopsy: Man slain by deputy was drunk ,Jan. 24, 2003, 12.'45AM Autopsy: Man slain by deputy was drunk Family's lawyer says alcohol level irrelevant By PEGGY O'HARE Copyright 2003 Houston Chronicle A Vietnamese man was intoxicated when a deputy constable shot him three times in the back and once in the back of his thigh after the man allegedly shot into a crowd outside a downtown Houston nightclub, an autopsy report shows. Tests show Truyen The Pham, 23, had a blood alcohol content of 0.1 $ percent when he was shot to death Jan. 5, said Dr. Ashraf Mozayani, chief toxicologist of the Harris County Medical Examiner's Office. That's nearly twice the legal limit for drivers. Other tests showed higher concentrations of alcohol in Pham's system -- 0.20 percent in his urine and 0.17 percent in fluid from his eyes, Mozayani said. Pham also had several tattoos on his body that experts say suggest gang involvement. But Tammy Tran, the lawyer for Pham's family, insists Pham was never in a gang and said his tattoos and alcohol consumption that night were not relevant. The issue, Tran said, is whether Pham had a gun in his hand when he was shot by the deputy. Gunpowder tests were "inconclusive" and failed to determine whether Pham fired a gun before he was killed, as police say. "Right now, we still maintain he did not have a gun, and he was wrongfully shot to death," Tran said. "The issue is not whether he had alcohol or not. If he was driving, then it is an issue. It's not an issue here," Tran said. Pham died after he was shot during an incident outside the Spy nightclub after the bar had closed for the night. The deputy constable who fired the fatal shots was one of two off-duty officers from the Harris County Precinct 6 Constable's office working security jobs at the club. Investigators have said Pham was shot after he pulled a gun, fired into a crowd, shot a woman in the leg, then pointed the gun at one of the deputies. The second deputy, standing behind Pham, opened fire to protect his fellow officer and other bystanders, authorities said. But Pham's friends have said he was an innocent bystander wrongfully killed after he tackled the real gunman. Pham's family, in a lawsuit filed last week, said Pham's leg was broken during the confrontation and that he could not have stood and waved a gun at officers. But the autopsy report said Pham's leg was broken by the gunshot wound to his thigh. 1/24/03 Page 2 of 2 Houston police have indicated they will forward their report to the Harris County District Attorney's Office in the next few days, prosecutor Tommy LaFon said. The case could go to a grand jury sometime next month, LaFon said. The autopsy report shows Pham had multiple tattoos, including one on his upper right chest bearing a theatrical face with the inscription, "If I die, show no pity." On his upper left chest was a similar theatrical face with the inscription, "Bury me deep in gangster city." The theatrical faces -- one happy and one sad -- are commonly seen among various criminal elements, including Asian gangs, several gang experts said Thursday. Pham also had a tattoo on his upper back reading "Asian Boyz." The Asian Boyz is a gang dating back to the late '70s that exists in Houston, in Pham's hometown of Port Arthur and in other states, experts say. It is not highly organized, and experts do not know if any of its factions are affiliated. On Pham's belly was another tattoo reading "ARZ," the autopsy report shows. Gang experts aren't familiar with the abbreviation but speculated the tattoo could be "ABZ" -- an acronym for the Asian Boyz. Police never rely solely on tattoos to determine if someone is in a gang, but one expert said the art on Pham's body raises questions. "IfI saw what he had there, knowing what I know, I'd be highly suspicious he is in fact a gang member," said Russell Dunlap, former supervisor of the Houston P~)lice Department's Asian Organized Crime Task Force who retired from HPD last year. But Dunlap added, "You could really get in trouble if you assume a guy is in a gang ~}ust from the tattoos. He could have gotten out -- he could have not been involved with that anymore. There's also wannabes who get tattoos because they think they're tough-looking." Port Arthur police no longer have a gang database, and Lt. Steve Brinson, who used to head the gang task force there, said he could not recall if Pham was ever in that database. "1 can't recall actually personally dealing with him," Brinson said Thursday, but he added, "We were familiar with him and his affiliation with gang members, let's put it that way." Pham's family, in its civil lawsuit, dismissed the police allegation of possible gang involvement as "an outrageous, defamatory statement." The lawsuit against the county, the medical examiner's office, the Precinct 6 constable's office and HPD seeks access to all evidence in the case. Pham owned a shrimp boat and earned about $40,000 a year, the family's lawyer said. "The issue is whether Truyen had a gun at that time that made the (officer) reasonably fearful of his life," Tran said. "This is about justice." Tran said her office has obtained written statements from eight witnesses who say Pham did not have a gun in his hand that night. But LaFon has previously said that some witnesses reported Pham was armed. Both deputies have returned to work and are working in the office until a grand jury makes a decision on the case, Precinct 6 Constable Victor Trevino said. 1/24/03 Page I of 1 Marian Karr From: RHAaronson@aol.com Sent: Friday, January 24, 2003 12:05 PM To: MSchlosberg@aclunc.org Cc: markhalfmoon@yahoo.com; update@nacole.org Subject: Re: [NACOLE Update] City Attempting to Kill Police Oversight Mark (and Mark): Mark Halfmoon, the chair of the Santa Cruz Citizen Police Review Board, knows more than I do about all this. His e-mail to me was the first I heard about the City Council's action. Because the Council's action was premised on budgetary considerations, I gather that the City expects to substitute some less expensive alternative and not eliminate civilian oversight entirely. But, I suppose anything is possible. I don't know about the 'ins and outs' of all this and I gather Chair Halfmoon has mere information and insights. I hope to hear more from him regarding specifics. I was not consulted by the City prior to this action and I am still unaware of the exact impact on my own status as an independent contractor for the City of Santa Cruz. However, that 'independent contractor-attorney' position circumscribes what I can say or do in this matter: technically, both the City of Santa Cruz (through the City Council) and the Santa Cruz Citizen Police Review Board are clients. (As you know, the California Bar's Code of Professional Conduct prohibits my taking any action that conflicts with a client's interests.) Because the majority of my work is with local public entities around the State, I am painfully aware of how the serious budgetary crisis is impacting local governments. (I may be out of business within six to nine months.) Most local public entities are talking about laying off a minimum of 10 to 20 percent of their full-time employees. In this context, it's hard for me to find fault with a jurisdiction's determination to eliminate all non-critical services. Terrible damage is being done to the fabric of local California governments because of this crisis. I hope this answers some of your questions. Best, Bob Aarenson Aaronson Law Offices also Legal Advisor to the Santa Cruz Citizen Police Review Board 1/24/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 24, 2003 12:43 PM To: update@nacole,org Subject: [NACOLE Update] Tulare County CA - Editorial in support of Oversight Opinion - Friday, January 24, 2003 EDITORIALS Independent oversight of law enforcement agencies is a valuable principle, and the Tulare County grand jury is right to promote it. That oversight serves both the communities and the agencies involved. The grand jury this week reco~nended in an interim report that cities and the county itself establish civilian review boards for their police departments. That's a valid suggestion, but individual cities and the county shouldn't rush to install review boards just to follow the grand jury's suggestion. There is a danger of taking a one-size-fits- all approach. What works for one community might not work for another. The cities ought to proceed according to the needs of their comnlunities and the wishes of the public. So far in Tulare County, only the cities of Tulare and Dinuba have civilian review boards. They are panels of 12 people, appointed by City Council members and other officials, who review complaints about police and make recommendations but have no disciplinary power. Ail other law enforcement agencies in Tulare County have procedures for reviewing complaints and administering discipline, although most of them are internal. Civilian review boards should not replace those. Law enforcement agencies are correct that sometimes the internal action is more thorough than an outside agency. Independent, external oversight is all the more important as a balance to the police. It keeps the law enforcement agency from working strictly in its own interest. The specific type of oversight, however, should be decided by individual cities and their citizens. The important thing that is the review board be independent, with its own investigating power. When citizens do have a complaint about the police, it's important that they have an outlet for that complaint, other than the police. Only an independent body can provide that assurance to the public. That's an important quality that can only lead to a better law-enforcement agency. Police will do a better job and people will put more trust in them, when both know that the police will be held accountable by an independent body. Originally published Friday, January 24, 2003 Update mailing llst Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink,net] Sent: Fdday, January 24, 2003 12:44 PM To: update@nacole.org Subject: [N^COLE Update] San Francisco CA - Panel upholds bias charges against cops This message uses a character set that is not suppor[ed by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org {wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLB5QF; Fri, 24 Jan 2003 15:42:03 -0600 Received: through eSafe SMTP Relay 1043409473; Fri Jan 24 15:44:10 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18cBYW-0001ZS-00; Fri, 24 Jan 2003 15:40:08 -0600 Received: from pintail.mail.pas.earthlink.net ([207.217.120.122]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18cBWj-0001US-00 for update@nacole.org; Fri, 24 Jan 2003 15:38:17 -0600 Received: from misspiggy.psp.pas.earthlink.net ([207.217.78.246]) by pintail.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18cBYC-0000UO-00 for update@nacole.org; Fri, 24 Jan 2003 13:39:48 -0800 Received: from [207.217.78.202] by EarthlinkWAM via HTTP; Fri Jan 24 1 3:39:48 PST 2003 Message-ID: <3571232.1043444388230.JavaMail.nobody@misspiggy.psp.pas.e arthlink.net> From: Kelvyn Anderson <kelvyn anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] San Francisco CA - Panel upholds bias charges against cops Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacol'e.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 24 Jan 2003 13:44:06 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Panel upholds bias charges against cops=20 Watchdog group cites racial slurs, 'improper pat search' of girls=20 Henry K. Lee, Chronicle Staff Writer Friday, January 24, 2003 20 -C2=A92003 San Francisco Chronicle I Feedback URL: http://sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2003/O1/24/BA43762 .DT= L 20 San Francisco -- A group of San Francisco police officers used racial rs, improperly searched two teenage girls and failed to provide prompt me= dical treatment to a 14-year-old boy knocked to the ground during a co nfr- ontation in Hunters Point last year, a police watchdog agency has foun d. -20 The findings by the San Francisco Office of Citizen Complaints appear to = support standing allegations that police officers "practice racial bia against African P~nericans, civil rights attorneys said Thursday. 20 The incident, which occurred after officers responded to reports of tw o m- en with guns, happened on Jan. 21, 2002 -- Martin Luther King Jr. Day. =2O Witnesses said as many as 30 officers responded to the scene. Accusati were subsequently filed against 14 of them, and the agency on Wednesd ay sustained complaints against two sergeants and five officers.=20 Donna Medley, acting director of the civilian complaint agency, declin ed Thursday to identify the officers involved or detail the findings, whi ch = were released by attorneys for the alleged victims.-20 Page 2 message.txt "Today we claim victory and validation," Ishmael Tarikh, director of B ay - Area Police Watch, told a news conference at the Ella Baker Center for Hu= man Rights in San Francisco. "They cannot abuse African P~ericans with im- punity.."-20 Sgt. Neville Gittens, a police department spokesman, said, "We vehemen tly= deny any pattern of racial bias." 20 The department's Hanagement Control Division -- equivalent to an inter hal= affairs unit -- will new review the watchdog agency's findings and re com= mend a course of action to Chief Earl Sanders.=20 The agency's findings included a recommendation that the San Francisco Po= lice Commission hold a disciplinary hearing.=20 Witnesses said officers conducted a humiliating, groping search of two gl= rls in a maroon Ford Escort on Kirkwood Avenue as their crying mothers we re ordered to stay back.=20 "It was almost to the degree of sexual molestation," said Sacramento a tto= rney Warren Quann, who represents some of the alleged victims. "It was no= t just inappropriate patting." 20 Sue McAllister, 42, whose daughter, then 13, was one of those searched by= police, said her requests at the scene for a female police officer to Co- nduct the search were ignored. A male officer searching her daughter t omc= hed the girl's breasts, buttocks and crotch, McAllister said.=20 "It's very, very sad that our kids have to grow up being afraid of pol ice= ," said McAllister.=20 Jerome King-Brown, then 14, said he was knocked to the ground after he re Page 3 message.txt n to the scene and asked why they were pointing guns at his cousin. Hi sf= amily has said the youth needed 11 stitches to close a wound when an o ffi= cer used his knee to press the boy's face into the concrete.=20 Police have said they were responding to a tip that two African Americ an = men had been spotted taking guns out of a red car. King-Brown had been sc= reaming "I'm gonna f -- you up. What the f -- did they do?" and ignori ng = officers~ commands to get out of the way, police reports state.=20 Officers Stephen Jonas and Giuseppe Festa were among the officers who too= k King-Brown to the ground, according to police reports obtained by Th eC= hronicle. Sergeants Walter Cuddy, Hector Jusino and Sherman Lee were s upe= rvisors involved in the case, the reports say. It was not clear Thursd ay = if any of them were among those against whom complaints were upheld. T hey= remain assigned to the Bayview station.=20 The agency's investigation, completed earlier this month, concluded th at = officers:=20 -- Failed to explain the reason for the detentions, and conducted an" imp= roper pat search" of female juveniles.=20 -- Failed to comply with procedures in dealing with juveniles.-20 -- Failed to provide prompt or appropriate medical treatment for the b -20 -- Made racially derogatory comments.=20 -- Detained the juvenile occupants of the car after the lawful basis f or = the stop had ceased.=20 -- Failed to properly conduct an investigation.=20 Page 4 message.txt -- Failed to take a citizen complaint.=20 -- Failed to respond appropriately to a critical incident.=20 The agency cleared officers of interfering with the rights of onlooker using excessive force against bystanders and detainees and being disco urt eous by using profane or uncivil language, among other things.=20 E-mail Henry K. Lee at hlee@sfchronicle.com.=20 =C2=A92003 San Francisco Chronicle Feedback Page A - 21=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 26, 2003 3:42 AM To: update@nacole.org Subject: [NACOLE Update] Oakland CA - Officer taped allegedly kicking suspect is suspended Oakland Tribune Officer videotaped allegedly kicking suspect is suspended Chief Word promises quick investigation after tape airs on TV, calls behavior indefensible By Laura Casey STAFF WRITER Sunday, January 26, 2003 - OAKLAND -- An Oakland police officer, caught on videotape allegedly kicking a suspect during his arrest, has been placed on paid administrative leave pending internal affairs and criminal investigations into his behavior. Oakland Police Chief Richard Word said Saturday that the officer, whose name has not been released, was stripped of his policing power shortly after the Friday morning incident. "You have to demonstrate restraint and control," Word said. "No way do we defend kicking." Word called the incident disturbing and said he will push to move the case quickly through investigations. The event was videotaped by a KNTV news crew as police officers arrested Lo Saelee, 21. The news station did not air the entire tape, just portions of the foot chase and the kicking incident. Unaired portions of the tape show Saelee allegedly beating the officer with a piece of wood and trying to take his gun. Police began following Saelee and two others in a black Mercedes after a woman reported an attempted break-in at her Foster City home. A 30-minute chase ensued aa the car crossed the San Mateo Bridge into Hayward and north into Oakland near 24th Avenue and 25th Street. California Highway Patrol officers rained the car, according to police. Saelee fled, and Oakland officers gave chase. Harry Stern, an attorney for the furloughed officer, said Saelee attacked the policeman with a 2-by-4 board. Stern said the officer fought with Saelee as he attempted to arrest him. Some time during the fight, Saelee is said to have tried to grab the officer's gun. "I don't think he was looking to add it to his collection," Stern said. He said the officer was dazed and may have lost consciousness as Saelee again gotaway. Saelee was caught a short time later by CHP officers. In the tape, as those officers attempt to restrain Saelee, the officer involved in the earlier fight appears from off screen and kicks the suspect. Stern said the officer was helping with the arrest. "What I saw on the tape is they didn't have a chance to handcuff him, and the suspect was trying to shake them off, ... and that's when you see two uses of force that are probably being questioned by the department," Stern said. As far as the officer knew, Stern added, Saelee was still trying to get away. Saelee was ! booked into San Mateo County Jail. Word said he was afraid for the officer involved as he watched the violent scuffle on tape. "I can understand the officer being upset and frustrated because, if you look at the whole tape, it appears he was losing the fight," said Word, who added that the officers seemed to handle themselves correctly before the arrest and kicking incident. "I felt good until I see this blue uniform run up and begin to kick this guy," Word said. "Then my heart dropped and I said, 'Oh, my God, here we go again.'" Word said police officers are not trained to kick suspects during arrest. Kicking can cause severe bodily injury, officers can slip, or the suspect can grab the officer's foot and take him down. A key question for the investigation is whether Saelee was handcuffed, and therefore, subdued, when kicked. Word said he did not know. Stern said Saelee had not been handcuffed and, therefore, still posed a risk to the officers. The incident comes at a time when Oakland police officers are taking the stand in court to testify against three ex-cops involved in the city's "Riders" misconduct trial. Fired officers Clarence "Chuck" Mabanag, Matthew Hornung and Jude Siapno are on trial before Alameda County Superior Court Judge Leo Dorado on charges they ran roughshod over West Oakland, framing and bullying suspected drug dealers. Most of the charges against the three center on allegations they falsified police reports to justify arrests or explain injuries. A fourth officer is a fugitive being sought by authorities. An internal investigation into wrongdoing by renegade officers labeled "Riders" was launched by the resignation of a rookie, Keith Bart, in July 2000. That probe ended with the firing of the four officers. The trial is expected to continue at least until March. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 26, 2003 3:53 AM To: update@nacole.org Subject: [NACOLE Update] Munhall PA - ACLU sues local police KDKA-TV Jan 24, 2003 ACLU Suing Area Police Department A local police department is facing a federal lawsuit stemming from a DUI arrest in Munhall last September; but the woman arrested isn't the one who's suing. In this case, two Munhall police officers are suing their department because they say they were disciplined for speaking out against another officer for a bad, racially-motivated arrest. It all started when Officer Frank Zygmuntowicz stopped Althea George and towed her car because her registration had been expired for three days. When George allegedly swore at Zygmuntowicz, he charged her with drunk driving and disorderly conduct. Officer Jason Poniewaz and Sergeant Paul Gyurina, who were also on the scene, however, claimed the woman wasn't drunk and shouldn't be busted. The American Civil Liberties Union filed suit once Poniewaz and Gyurina were suspended after agreeing to testify on the woman's behalf. "Rather than the police department looking more carefully at what this misbehaving officer had done, they slau~ed the officers who want to come forward and testify truthfully. "There's a big problem in law enforcement generally with the code of silence -- basically that means police officers will not come forward and speak the truth when it involves ratting out a fellow officer who's done something wrong." -- Vic Walczak, ACLU In its lawsuit, the ACLU claims the two officers are protected by the whistleblower and by the First Amendment right to free speech. "Rather than the police department looking more carefully at what this misbehaving officer had done," Walczak adds, "they slammed the officers who want to come forward and testify truthfully." A state police investigation into what exactly happened was inconclusive other than to say there was no evidence the arrest racially motivated. The dispute has shattered department morale -- splitting the police force right down the middle. "It can't help," says Munhall Police Chief James Beserock. "Right now, I think, you have the department breaking off into factions, pro and con." Chief Beserock says he suspended Poniewaz and Gyurina because they never reported any misconduct to him. Regardless, though, he admits it's a big problem. "Oh yeah, it's a mess." Meanwhile, as for Althea George, the district attorney dropped all the charges against her. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 2(~, 2003 3:45 AM To: update@nacole.org Subject: [NACOLE Update] Gainesville GA -Internal affairs officers keep standards high Internal affairs officers keep standards high By PEARCE ADAHS The Times Jan 26, 2003 When local law enforcement officers lose sight of the standards of their profession, they often get their first look at justice from two of their own. They are policed by Investigator Robin Kemp ef the Gainesville Police Department and Lt. Jack Wimpy of the Hall County Sheriff's Office. As internal affairs officers, they monitor more than 400 city and county officers. "The public has the perception that officers cover for each ether," said Wimpy, a 27-year veteran including 18 as a criminal investigator. In 2001, Wimpy became the county's first internal affairs officer. "But ether officers will turn en an officer if he is guilty." Kemp, a 20-year veteran including 10 in criminal investigations, has handled the city's internal affairs investigations for almost 10 years. Kemp and Wimpy often work together and are poised to investigate serious charges including criminal activity, corruption, excessive force and misconduct. Other complaints against an officer usually are referred back to a supervisor, said Wimpy, who moved to internal affairs after the eleotion of Sheriff Steve Cronic. Their law enforcement experience earned them the respect of their colleagues. It also lets them work behind the scenes and investigate complaints of criminal wrongdoing before making a recommendation of no action, reprimand, suspension er termination to their supervisors. "We get the facts, write reports, but hand out no discipline," said Kemp. A termination could result in referral to the agency that certifies police officers, he said. In 2002, Kemp conducted seven investigations. Four had merit, he said. In 2001, Wimpy conducted 35 investigations. Fourteen of the officers were found to be at fault, four in Gainesville and 10 in the county. The cases resulted in arrests and terminations. "Just because an officer does something wrong does not mean the whole department is wrong," Wimpy said. "He needs to be accountable and pay for his mistake. "If an officer is right, a thorough investigation would prove he was diligent in his duties." Wimpy and Kemp said the accusations they investigate range from the ridiculous to tragic. Kemp said he cleared an officer of wrongdoing following a DUI suspect's claim that the officer, who did net smoke, burned a hole in the passenger seat of her car. The woman said she didn't allow anyone to smoke in her car, but a video camera in the officer's car recorded her boyfriend smoking. Shortly after Wimpy began working in internal affairs, a county officer was accused of child molestation. He was terminated and faces trial in February. E-mail: padams@gainesvilletimes.com Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Sunday, January 26, 2003 3:57 AM To: update@nacole.org Subject: [NACOLE Update] Brookfield WI ~ Officer accused of abusing position Officer accused of abusing position, unbecoming conduct Dismissal hearing to go forward in March By ALISON LAURIO - GM Today Staff January 24, 2003 BROOKFIELD - The Police and Fire Co~m~ission, in a special meeting Thursday, found just cause standards were met in a statement of charges against Brookfield police officer Russell Prusak and set March hearing dates in the case. Police Chief Daniel K. Tushaus, who filed the 13-page statement of charges Jan. 13, claimed Prusak "has engaged in serious misconduct" relating to handling abandoned vehicles. and is asking for his dismissal "for the good of the service." Prusak~s attorney, Gordon E. McQuillen, said Prusak, who started with the Brookfield department Aug. 18, 1984, would like to keep his job. Attorneys for both sides have declined comment on the case. The cos~ission will hear evidence March 4, 8 and 12 and set March 13 as a reserve date in case more time was needed. McQuillen told coi~lissioners they would, "obviously contest the merits of the charges." The charges state "Officer Prusak has a demonstrated history of poor work performance, filing oS sloppy or incomplete police reports, and most importantly, untruthfulness to the department." He allegedly deviated from procedure in several cases where friends, acquaintances and he himself were directly involved in buying vehicles; he left out relevant information on dozens of forms; and forms contained a variety of false, misleading and contradictory information. Tushaus alleges in the charges that Prusak violated rules, gave an unsatisfactory performance, abused his position, violated report regulations and conducted himself in a manner unbecoming to the police force. After a police department investigation, the Waukesha County District Attorney's office investigated before it decided against prosecuting the case criminally, the charges state. According to the statement of charges, Prusak was disciplined in the past, but it did not turn him around. That included a 12-day suspension in 1988 for violating truthfulness, conduct and performance rules. He was suspended in 1999 for 60 days after giving "false and inconsistent" versions of a January 1999 incident where he ~ound a bumper on his police cruiser was damaged and he had it fixed on his own without filing a report, the charges state. During that same month, he lied to his supervisor about not filing a theft report and also failed to file reports after taking someone into custody following a domestic dispute he was sent to, the charges state. "The department decided to assign Officer Prusak the responsibility of handling the abandoned vehicles program in the hope that the simple nature of the task, and his personal interest in automotive matters, would allow him to be successful and thereby re- establish his performance and credibility within the organization. "Unfortunately, Officer Prusak merely used that opportunity to pursue his own interests and continue his inappropriate behavior," the charges state. Alison Laurio can be reached at alaurio@conleynet.com. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink,net] Sent: Sunday, January 26, 2003 4:00 AM To: update@nacole.org Subject: [NACOLE Update] Louisville KY - Ex-drug officer Watson pleads guilty Ex drug officer Watson pleads guilty As part of deal, man will testify against partner By Gregory A. Hall ghall@courier-journal.com The Courier-Journal A trial ste~ing from one of Jefferson County's largest cases of alleged police misconduct was interrupted yesterday when one of two former detectives charged pleaded guilty. As part of an agreement with prosecutors announced early yesterday morning, former narcotics officer Mark Watson, 39, pleaded guilty to 299 felony counts and three misdemeanors, and agreed to testify against his former partner, Christie Richardson. His recommended sentence is 20 years in prison. Watson's attorney, Mary Sharp, said her client would not comment, but she said he will request probation at his sentencing, set for March 24. In the agreement, the prosecution said it will oppose probation. Watson and Richardson are accused of creating bogus search warrants with photocopies of judges' signatures; obtaining warrants through the use of fraudulent affidavits; and obtaining payments for informants who say they never received the money. The trial proceeded yesterday with Richardson as the lone defendant after Watson's plea was taken. Richardson has pleaded innocent. Her attorney, Steve Schroering, declined to corr~[~ent about Watson's plea. Under the plea agreement, 21 charges of first-degree burglary, the most serious charges against Watson, were amended to second-degree burglary. Watson admitted to the 21 lesser charges, 133 counts each of tampering with public records and criminal possession of a forged instrument, six charges of theft by deception over $300, five counts of perjury and one count of bribing a witness. He also pleaded guilty to three misdemeanors: theft by deception under $300, official misconduct and harassing a witness. Before accepting the plea, Jefferson Circuit Judge Steve Mershon asked Watson the routine questions posed to defendants making such a deal, but began by noting, ''Sir, I'm sure you've heard me go through this many times'' -- an apparent reference to Watson's former career, where he'd have sat in on such courtroom discussions. The plea hearing was routine in nearly every respect, except when Mershon read a summary of the case. Generally, the sum~ary consists of a paragraph, but for Watson, Mershon read a five-page outline that was attached to his plea sheet. The reading took about 20 minutes. ''He has committed a great number of crimes, and now he's pleaded guilty to 299 felony counts,'' prosecutor Scott Davis said outside the courtroom. ''He's got a 20-year prison sentence hanging over his head. . . There's no appeal process. It's over with, and justice has been served. That's why we decided to do it.'' Davis said he could not answer when asked whether Watson's plea to second-degree burglary would hurt efforts to convict Richardson, who remains charged with first-degree burglary. A first-degree conviction is punishable by 10 to 20 years in prison; the range for second- degree burglary is five to 10 years. 1 Plea negotiations for Watson have been ongoing since the former detective was indicted in March, Sharp said. 8ut they intensified, she said, after Tuesday's opening statements, when Schroering, Richardson's lawyer, blamed Watson for all the wrongdoing in the case. Neither the jurors nor Richardson was in the courtroom when Watson's plea was taken. When they returned, the table where Watson and his attorneys had been sitting was empty. Hershon told jurors that Watson had pleaded guilty but did not give them details. Testimony then resumed. During the first three days of testimony, Louisville Metro Police Capt. Jeff Sherrard testified that most of the questionable citations and warrants submitted as evidence in the case bear Watson's handwriting. Yesterday's testimony included further questioning of Sherrard, the playing ot an audiotaped interview with Watson last year and testimony from one of the confidential informants that the former detectives claimed to have used. Watson and Richardson both resigned from the county police department last year, after the charges were brought against them. Richardson, 36, could be sentenced to 70 years in prison if convicted. She is charged with 20 counts of first-degree burglary, 132 counts each of criminal possession of a forged instrument and tampering with public records, one count of bribery, six charges of theft by deception over $300, five counts of perjury, and one count each of official misconduct and theft by deception under $300. The trial is to resume Monday morning. Update mailing list gpdate@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 2 Marian Karr From: malvina Monteiro [monteiro@diplomats.com] Sent: Sunday, January 26, 2003 9:01 AM To: update@nacole.org Subject: [NACOLE Update] NACOLE 9th Annual Conference NATIONAL ASSOCIATION FOR CIVILIAN OVERSIGHT OF LAW ENFORCEMENT (NACOLE) 9TH ANNUAL CONFERENCE SAVE THE DATE! Meeting Dates: Sunday, September 21, 2003, through Wednesday, September 24, 2003. Conference Hotel: MILLENNIUM BILTMORE HOTEL-LOS ANGELES 506 S. Grand Avenue Los Angeles, CA 90071 Reservations: 1-800-245-8673 ROOM RATES: Single/Occupancy $129.00 per night Double Occupancy $139.00 per night Additional Person $20.00 per night Suites $450.00+ per night The rates are extended for the period three days before through three days after the conference. The Room Rates do not include taxes. Current taxes on hotel guest rooms are 14%, which rate is subject to change without notice. Reservations: Guest reservations will be made by call in and must be received by the cut -off date, Friday, September 5, 2003. A valid major credit card or other deposit satisfactory must secure reservations to the Hotel. The hotel accepts American Express, Master Card, Visa, Diner's Club and Discover Card. To make room reservations by telephone, please call 1-800-245-8673. Check-in time is 3:00 p.m. on the first date reserved. Check out time is 12:00 noon. A late-departure charge may apply for any room occupied after the checkout time. Transportation: The Millennium Biltmore Hotel is served by Super Shuttle (currently $13.50 each way) from LAX Airport on a regular daily schedule. Parking: Overnight valet parking is available at the rate of $22.00 per day. Health Club: A full service Health Club is available for use by your attendees, currently at $7 daily. Health Club Features: Saunas - Wet and Dry; Exercise equipment - Nautilus, Life Cycles and Imported Italian tile Swimming pool (circa 1926); Steam room; Whirlpool; Massage Therapists (additional fee) Program Agenda: Will be available and mailed to you in early March, 2003. If you have any questions or need information, please let us know as soon as possible. Page 1 of 1 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Sunday, January 26, 2003 3:09 PM To: update@nacole.org Subject: [NACOLE Update] Officers brace to be fired in Kmart raid case Jan. 2.5, 2003, 9:39AM Officers brace to be fired in Kmart raid case 2 officers' lawyer wants decision delayed By RACHEL GRAVES Copyright 2003 Houston Chronicle Two police officers involved in the Kmart raid in which nearly 300 people were arrested are likely to be fired Tuesday, their lawyer and a union representative say. The lawyer for Capt. Mark A. Aguirre, who ordered the raid, and for Sgt. Ken Wenzel said the Houston Police Department should wait to decide whether to fire them until after the two go to trial this summer on charges of official oppression. Instead both are scheduled for hearings, at which it will be determined whether they should be fired Tuesday. "Most people who have loudermill hearings get fired," lawyer Terry W. Yates said. "They should allow us to have our day in court," he said. "They're rushing to judgment." HPD spokesman Robert Hurst said the department is following proper procedures. "Mr. Yates is fully aware of what the Houston Police Department disciplinary process is," he said. Aguirre and Wenzel were indicted last month on five counts each of official oppression for the Aug. 18 sweep of a Kmart parking lot. The raid was intended to crack down on drag racing, but when no one was found drag racing, officers arrested hundreds on charges of trespassing and curfew violations. Thirteen police officers were suspended with pay and all the trespassing and curfew violations dropped. No charges were filed against the other 11 officers implicated in the incident. More officers are scheduled for hearings, Hurst said, but he said he did not know how many, who or when the hearings would be held. Hurst declined to comment further because the issue is a disciplinary matter. Hans Marticiuc, president 0fthe Houston Police Officers Union, said he expects Aguirre and Wenzel and possibly two more officers to be fired. Acting Police Chief Timothy Oettmeier will report to City Council on Wednesday the results of an internal investigation of the Kmart incident. 1/27/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 5:24 AM To: update@nacole.org Subject: [NACOLE Update] Santa Cruz CA - Police review board may fall to budget ax This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SHTP (Hicreseft Exchange Intern et Hail Service Version 5.5.2653.13) id D3TLCDKH; Hen, 27 Jan 2003 08:35:12 -0600 Received: through eSafe SHTP Relay 1043409473; Hen Jan 27 08:37:20 200 3 Received: from localhost {[127.0.0.1] helo=gamma.jumpserver.net} by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dAJs-0005Yb-00; Hen, 27 Jan 2003 08:33:04 -0600 Received: from grebe.mail.pas.earthlink.net ([207.217.120.46]) by ga~ma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dA56-00050U-00 for update@nacele.erg; Hen, 27 Jan 2003 08:17:49 -0600 Received: from waldorf.psp.pas.earthlink.net {[207.217.78.20]) by grebe.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dA6i-0002CO-00 for update@nacole.org; Hen, 27 Jan 2003 06:19:28 -0800 Received: from [207.217.78.201] by EarthlinkWAH via HTTP; Hen Jan 27 0 6:19:28 PST 2003 Hessage-ID: <3506376.1043677168777.JavaMail.nebedy@walderf.psp.pas.ear thlink.net> From: Kelvyn Andersen <kelvyn_andersen@earthlink.net> To: update@nacele.erg Hime-Versien: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Hailer: Earthlink Web Access Hail version 3.0 Subject: [NACOLE Update] Santa Cruz CA - Police review board may fall te budget ax Sender: Update-admin@nacele.org Errors-To: Update-admin@nacele.erg X-BeenThere: Update@nacole.erg X-Hailman-Versien: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacele.org?subject help> List-Post: <mailte:Update@nacele.erg> List-Subscribe: <http://nacele.org/mailman/listinfo/update nacele.erg> <mailte:Update-request@nacele.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.erg/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.erg/> Date: Men, 27 Jan 2003 06:23:46 -0500 (EST) X-AntiAbuse: This header was added te track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hestname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org January 26, 2003=20 Police review board may fall to budget ax By DAN WHITE sentinel staff writer The days are numbered for the $90,000-a-year police review board, one of the first city groups on the budget chopping block this year. The board, with members appointed by individual council members, has b een= in place for nearly a decade. It was set up to address alleged mistre atm= ent of residents by police. But the volunteer board has long been ridiculed for its lack of effect ness in addressing complaints about law enforcement. Its members have als= o taken heat from Santa Cruzans who say the review board is little mot et= hah a venting session for people who loathe cops. The council last week cut $60,000 from the group=E2=80=99s $90,000 bud get= , slashing two staff positions as part of a $1 million budget reductio Tuesday, the council will decide whether to repeal the ordinance that cre= ated the board, and kill the panel entirely. The city may switch to a sys- tem involving an auditor who reviews complaints. "We=E2=80=99re trying to find a different system, one that is effectiv ea- nd not so expensive," Mayor Emily Reilly said.=20 City administrators said the actual cost of running the board may be c los= er to $110,000 a year, if police overtime is included. Activists who have filed complaints with the hoard said city officials ar= Page 2 message.txt e being hypocritical, creating a weak group, staffing it with politica la- ppointees, then gutting it instead of strengthening it. Becky Johnson, a frequent critic of the City Council and police, joked sh- e=E2-80=99s had so many complaints before the board that she ought to hav= e "frequent complainer miles." She said she=E2=80=99s long hoped the b oar= d would "have some teeth," and is dismayed the city is "going in exact ly - the opposite direction." Johnson said she wants the panel te have disciplinary power, "even the pe= wet to fire officers." David Rauen ef the board agreed meetings are often gripe sessions, "wi th = people going in there and haranguing us and haranguing the cops and th ec= ity."=20 But he said meetings raise significant issues and the beard deserves a ch- ance to be more effective. He said he is concerned about selective enf otc= ement against the poor downtown, a charge officers deny. Assistant City Hanager Hartin Bernal said many believe the group "wash =E2 80=99t working for activists, police, even people making complaints." The board get about 30 complaints a year. Bernal said most complaints are- for minor things -E2-80-94 "a police officer was rude, er didn=E2-80= 99t- write a complete report." He also said the rate ef agreement between police and the beard, regar din= g findings, was "almost 100 percent." Defense attorney Ben Rice, a longtime board supporter, disagreed with tho= se who call the group ineffective. Page 3 message.txt "I do think it helps keep (police) in line," he said. "I agree with a lot= of people in that it=E2=80=99s only moderately effective, but yet it= E2=80= =99s very helpful. We have a good police department, but the board hel ped- that be the case .... Police know if they use too much force, the boa rd = might be looking at it."=20 Police Sgt. Loran "Butch" Baker called the board "a waste of money. Th ere= are better, more efficient ways to have civilian oversight that would co= st less. One thing strikes me =E2=80=94 the group that=E2=80=99s fight ing- to keep them has been slaraming them for the past 10 years. They=E2=80 =99= ve said how incredibly ridiculous and useless the whole thing is, and now= they-E2=80=99re saying, =E2-80=98Keep it, it=E2=80=99s great.-E2=80=9 9 He took issue with Rice=E2 80=99s statement that police rein in their beh= avior because of the police review board. "When I go to calls and make de- cisions, I rarely think about the CPRB. The chief and the city spend s o m= uch money doing background checks and picking the best candidates." One of the group=E2=80 99s high-profile discussions involved allegatio ns - of police misconduct at an anti-war protest in 1999, in which activist St= eve Argue slugged a police officer. Argue said he was simply trying to stop the officer from using unneces sar= y force against a woman carrying a baby. Argue was sentenced to nine m ent- hs in jail. He later launched an unsuccessful campaign for a seat en t he - City Council. Contact Dan White at dwhite@santa-cruz.com.=20 Page 4 message.txt You can find this story online at: 20 http://www.santacruzsentinel.com/archive/2003/January/26/local/stories /03= local.htm Copyright =C2-A9 Santa Cruz Sentinel. All rights reserved. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 5:36 AM To: update@nacole,org Subject: [NACOLE Update] San Antonio TX - Cops trial starts This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCDKL; Men, 27 Jan 2003 08:35:12 -0600 Received: through eSafe SMTP Relay 1043409473; Men Jan 27 08:37:20 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18dAJv-0005Yp-00; Men, 27 Jan 2003 08:33:07 -0600 Received: from avocet.mail.pas.earthlink.net ([207.217.120.50]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dAGa-0005Q2-00 for update@nacole.org; Men, 27 Jan 2003 08:29:40 -0600 Received: from waldorf.psp.pas.earthlink.net ([207.217.78.20]) by avocet.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dAIC-00066d-00 for update@nacole.org; Men, 27 Jan 2003 06:31:20 -0800 Received: from [207.217.78.203] by EarthlinkWAM via HTTP; Men Jan 27 0 6:31:20 PST 2003 Message-ID: <3405330.1043677880198.JavaMail.nobody@waldorf.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] San Antonio TX - Cops trial starts Sender: Update-admin@nacole.org Errors-To: Update-admin~nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: MeN, 27 Jan 2003 06:35:41 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - ganuna.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.erg Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Cop's trial starts today =20 2O By Ihosvani Rodriguez =20 San Antonio Express-News =20 =20 Web Posted : 01/27/2003 12:00 AM =20 =2O The woman pranced flamboyantly up and down Roosevelt Street in cutoff sho= rts and boots, easily catching the attention of several men looking to pa= y for a good time. Unfortunately for them, authorities say, the woman pretending to be a pro= stitute was an officer with the San Antonio Police Department's vice u nit= -2E=20 And while there were many officers working the reverse-prostitution st ing= the night of Feb. 11, 2000, authorities say there was one cop =E2-80= 94 = Detective Javier Garcia =E2=80=94 who shouldn't have been there.=20 In their attempts to clean up an area long known for prostitution, pol ice= collared one of their own that night. Nearly three years later, Garci a, 30, will stand trial on a charge of soliciting undercover Officer Teri al. Jury selection starts today in what some say could be the most celebra ted- misdemeanor trial in recent history.=20 Though most prostitution cases don't go to trial, this one is expected to= last a week and will pit the testimony of officers against each other I= t will feature sex, tapes and a long list of police witnesses.=20 And though most misdemeanor cases are tried by prosecutors relatively new Page 2 message.txt to the legal system, Garcia's is being pursued by attorneys with the Sex= ar County district attorney's office elite white-collar crime division .-20 Some say the trial could help gauge a community's tolerance to prostit uti= on.. Others simply see it as necessary to deter police misconduct. For Ga= rcia, it's the battle to keep his badge. Garcia's attorney, Jay Norton, who is surprised the misdemeanor case i sg= oing to trial, believes the district attorney's office is grandstandin g. "It's the state's big capital-misdemeanor case," Norton snickered. According to police reports, the area around the 1600 block of Rooseve it Avenue was crawling with police that February night in 2000. Some were hi- ding in a nearby abandoned bar, while others stood behind a fruteria s tan= d. Neal wore a bidden microphone while a team of technicians staffed s urv= eillance equipment nearby.=20 As Neal walked along Roosevelt, Garcia allegedly pulled up in a pickup A= police report quotes Garcia asking Neal, "How about a (expletive) for $2 Neal told Garcia to meet her at the nearby E1 Prado Motel, according t op= olice. As Garcia drove to the motel, police swooped in. Garcia reporte dly- told the officers, "I am one of you." A police supervisor was brought in, and Garcia was cited and allowed t ol eave. Months later, he was officially charged with soliciting a prosti tut= e.=20 Garcia, who joined the force in 1993, was suspended in July 2000, pend ing= Page 3 message.txt the outcome of the Class B misdemeanor case. He faces up to 180 days in - jail and a fine of $2,000 =E2-80=94 and the loss of his job =E2=80=94 if = convicted. Last year, Norton asked for a continuance, hoping incoming Police Chie fA- lbert Ortiz would be more lenient than the outgoing chief, A1 Philippu s. = In the wake of a police corruption sting that netted 10 officers, Phil ipp= us was taking a hard-line stance against misconduct.=20 "There is a 'rumor' that if this case is pending after April (when Phi lip pus leaves) that it can be settled for a Class C, and Garcia can keep his- job," Norton wrote in a note to the judge.=20 Class C misdemeanors are iow-level crimes punishable by a fine of no m ore= than $500. But Ortiz's stance has mirrored that of his predecessor. Garcia's clea ns= ervice record and the fact that he has family members on the force =E2 -80= =94 including a brother who is a sergeant =E2-80=94 won't be taken int oa= ccount, Ortiz said last week.-20 "Obviously, there are aspects that make this a sensitive case," Ortiz sai d. "Nevertheless, we have to establish the high standard in the depart men= t that the community expects from our police department. We have a mor al - factor we have to think about, and an integrity factor we have to cons ide= r."=20 Norton was reluctant to discuss his defense strategy. But other defens ea- ttorneys speculated that taking the case to a jury is wise. "If he's convicted, he loses his job. If he pleads out, he loses his j Page 4 message.txt "said veteran defense attorney Joseph Acevedo. "The way I see it, he' sg= ot nothing to lose by gambling with a jury. Let the state prove the ca se -- and focus on raising doubts. Give the jury a reason to acquit him." Assistant District Attorney Miguel Najera believes he has a solid case , O= ne supported by an audio recording. Najera said the tape will show Gar cia- was "very aggressive" while negotiating sex with Neal.=20 At the same time, Najera concedes that a six-member jury could be symp ath= etic to a man who could lose his career over an act many deem to be a vic= timless crime.=20 "For us, the important issue here is an integrity issue," Najera said. e is a police officer who is paid to uphold the law, and in this case he = didn't. It's that simple."=20 irodrig@express-news.net =20 01/27/2003 =20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 5:40 AM To: update@nacole.org Subject: [NACOLE Update] ¥isalia CA - Cameras used in misconduct investigations This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCD3F; Mon, 27 Jan 2003 08:55:00 -0600 Received: through eSafe SMTP Relay 1043409473; Mort Jan 27 08:57:07 200 Received: from localhost ([127.0.0.1] helo gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dAdD-0006H3-00; Mort, 27 Jan 2003 08:53:03 -0600 Received: from avocet.mail,pas.earthlink.net ([207.217.120.50]) by garama.jumpserver.net with esmtp (Exim 3.36 #1) id 18dALB-0005bR-00 for update@nacole.org; Mon, 27 Jan 2003 08:34:25 -0600 Received: from waldorf.psp.pas.earthlink.net ([207.217.78.20]) by avocet.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dAMn-0003rX-00 for update@nacole.org; Mon, 27 Jan 2003 06:36:05 -0800 Received: from [207.217.78.203] by EarthlinkWAM via HTT~; Mon Jan 27 0 6:36:05 PST 2003 Message-ID: <1075669.1043678165545.JavaMail.nobody@waldorf.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset-646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Visalia CA - Cameras used in misconduct inves tigations Sender: Update-admin@nacole.org Errors-To: Update-admin@naoole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Mon, 27 Jan 2003 06:40:25 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org fresnoBee.com The Vigilant Partner=20 By Lisa Aleman-Padilla The Fresno Bee Published 01/26/03 04:40:21 With the flip of a switch activating an in-car video camera, Visalia p oli= ce officer Rob Zieg more than pulls over a suspect -- he creates evide ncc= he knows could work for or against him. "It helps us to rethink some ef the things we do that we shouldn't," s aid= Zieg, a three-year veteran of the Visalia Police Department. Nationwide, real-life police videos are one of the latest means of imp rov~ ing public safety and officer accountability. But investing in the technology is a double-edged sword. At $3,000 to 000 each, the cameras are a bargain when they disprove a citizen's big h-p= riced claim of police misconduct. But when tape affirms such charges, the= cameras become a high-cost liability. "Unfortunately, and I feel comfortable saying this because I was an of fic= er, the law enforcement community certainly has taken advantage of the ir color and their job. Because of that, a lot of civilians have taken ad rage," said Jerry McKnight, marketing director for International Polic eT= echnologies in Tulsa, Okla. Either way, McKnight believes, the systems are here to stay. "The great thing about the video is it doesn't lie," he said. "The jud ge and jury get to see a factual incident." In Visalia, the cameras have been valuable, especially in drunken driv Page 2 message.txt ing cases and when citizens have complained about officers. "We can use them to prove or disprove allegations," said internal affa irs= investigator Sgt. Michelle Figueroa. "If an officer's in the wrong, w e got that, too." Visalia broke ground in the Valley three years ago when it bought 11 i ar systems with federal grant money. Today, the department has more ca as than any other Valley agency. Eventually, Visalia would like to outfit each of its 75 marked patrol s. The ones with cameras now are assigned at random to patrol officers ,S= gt. Jim German said. "It's just a matter of who happens to get that assigned vehicle," he s aid. Other Valley agencies, such as the Madera and Fresno police department do not yet have the technology. The California Highway Patrol and the Cio= vis Police Department are testing the video units. But McKnight believes necessity will eventually force most law enforce t agencies to take the plunge. "It's become a society of finger-pointing," he said. In Madera County, where police have no in-car video cameras, at least two- incidents of alleged excessive force on handcuffed suspects by Madera po= lice officers are under investigation. One of those cases led to the filing of a $10 million federal lawsuit aga= inst the city of Madera for wrongful death in an officer-involved shoo tin= g last fall. Page 3 message.txt But Madera police Chief Michael Kime said those pending cases are not the= sole reason for his "heightened interest" in outfitting at least half of= his 14 marked cars with cameras. He said the cameras add professionalism to a force, a trend he saw dur ing- his last 18 months as a lieutenant with the Sacramento Police Departm ent. "It's a piece of equipment that speaks for itself," he said. "The tape me= morializes what really occurred." Figueroa said the use of the video cameras in Visalia has forced citiz ens to think twice before making a formal complaint against an officer or th e department. "There's been times an individual changed their mind and de~ided not t of= ilea complaint," she said. Cost can be an obstacle Since 1995, the Justice Department Office of Community-Oriented Polici ng = Services has awarded more than $18 million in grants nationwide for th urchase of 4,300 in-car video cameras. As of last July, the California Highway Patrol had received nearly $25 0,0= 00 in such federal grants, purchasing 40 video cameras for its state f lee t as an experiment. In Fresno, only a handful of cars have the units because of the camera s~ experimental status, CHP officer Axel Reyes said. The Madera CHP office also is testing two units with CD-ROM cameras th at = provide greater storage capacity, said Daniel Ortiz, auto technician f or the North Valley station. Page 4 message.txt For now, their effectiveness is being evaluated, and neither station k nOW= s whether there are plans te permanently outfit the CHP cruisers, a co stl= y preposition. Each unit costs about $3,000 to $5,000, depending on the model. Hultip ly - that by the number ef patrol cars a department has and the cost can b es- taggering. "It's an expensive venture," acknowledged HcKnight who said grants do ne= t always cover the total cost of the cameras, forcing financially stra ppe= d agencies te cover the balance. Hadera's chief Kime said he will look into buying cameras with state m ore= y. "It could be expensive, but certainly, I'd like te have them in at lea st 50% of the marked units," he said. Cost is one of the factors keeping cameras out ef the Fresno Police De par= tment's patrol cars, said Sgt. Herman Silva. With a fleet ef more than 25= 0 cars, the department is net likely to buy cameras anytime soon, he s aid. But once a department commits to cameras, the systems are as simple as ho= me video recorders, said Visalia's Zieg. His department, like most across the country, buys fixed in-car video sys toms because the trunk location ef the recorder adds to the security e ft= he unit. Security procedures set The camera is a small liquid crystal device en the rearview mirror. By ac= Page 5 message.txt tivating the record function, officers can tape video and/or audio of the- ir interactions with the public, though use of the systems is not mand ate- d in most departments. Most of these systems also are activated when the car's overhead emerg y lights are deployed. In addition, an audio pack can be attached to an officer's belt that w ill- transmit sound back to the system when an officer must leave the patr ol = car. There's also an optional microphone that records audio from the b ack= seat of the cruiser. Figueroa said the images produced by the fixed system are a straight-a hea d view, free of peripheral vision, though the camera can zoom in or ou t. "It's what the driver would see," she said. The other model, less frequently used, features a dash-mounted camera and relies on an 8mm camcorder. "It's a little more versatile. It has a releasable latch that allows y to take it with you to the scene," McKnight said. Regardless of the type of system, however, procedures are in place tha ta dd to the security of the videotape. The tapes can be changed only by a supervisor, who then dates it and c res a log of the activities recorded on it. But Fresno's Silva said manufacturers of the systems have not been abl et= o guarantee uninterrupted taping. The department is concerned that a t ape= with scattered interruptions could give the appearance of tampering. Zieg said the tapes sometimes don't rewind properly and resume taping Page 6 message.txt in the wrong spot, but he said that over time, most of the bugs get worke do= ut. Trainees get feedback The Clovis Police Department bought two video systems as an experiment an= d is installing one in a traffic enforcement vehicle, Sgt. Drew Bessin get= said. He said officers assigned to the traffic enforcement unit will be trai ned= to use in-car cameras, and though officers are not mandated to use th e s= ystem, he said many of them would choose to do so. For now, however, Janet Stoll-Lee, spokeswoman for the Clovis PD, said th= e department has no plans to purchase additional cameras. Zieg said the cameras make some Visalia officers nervous. "They think there's an extra set of eyes watching them," he said. But when officers watch themselves in action, he said, the results can be= transforming. "When an officer says, 'I did it this way,' we can play it back and se e w= hat they did," said Zieg, who has been training Visalia's officers for th= e past two years. Twenty percent of the time, the officer trainees, who spend 16 weeks h ook= ed to the video/audio system, discover they failed to do something the ys= hould have. "Most of the time, they know they goofed," he said. "It's excellent to ha= ve it there when you need it." Manufacturers are working to make the in-car systems more efficient,wh Page 7 message.txt ich= may be an advantage for agencies like Fresno police, who have been he sit= ant to buy into the video technology. McKnight said the next generation of video systems will be digital, al iow= ing information to be stored on a hard drive or server, eliminating th en eed to store VHS tapes, CDs or 8mm tapes. With a digital system, staff wi- ll be able to pull up video of incidents at their work stations. In June 2002, an 18-month study was launched by the International Asso cia- tion of Chiefs of Police to determine the impact of in-car cameras on pol= ice officer safety, agency liability, community perceptions of police and= police professionalism. Results of that study should be available in 200- 4. The reporter can be reached at lapadilla@fresnobee.com or 675-6805. C2=A9 2002 , The Fresno Bee =20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 8 Page 1 of 2 Marian Karr From: Pierce Murphy [LPMurphy@cityofboise.org] Sent: Monday. January 27, 2003 10:07 AM To: Update@NACOLE.org Subject: [NACOLE Update] Northern Ireland Police Chiefs Demand Ombudsman's Resignation Northern Ireland: Police chiefs demand police ombudsman's resignation Online.ie, 24 Jan 2003: PSNI chiefs demand resignation of O'Loan Police Ombudsman Nuala O'Loan tonight faced demands for her resignation as a new row flared over her damning assessment of the Omagh bomb inquiry. Furious police chiefs in Northern Ireland accused her of wrongly claiming victory after a legal bid to overturn the devastating report on the investigation into atrocity was dropped. Police Federation chairman Irwin Hontgomery said: "She ought to consider her position because of the way she has gone about her job." Mrs O'Loan's scathing appraisal of the hunt for the Real IRA bombers who killed 29 people and two unborn twins in the August 1998 attack on the Co Tyrone town stands after both sides seemed to reach agreement at the High Court in Belfast on Thursday. The Ombudsman conceded she should have given former Chief Constable Sir Ronnie Flanagan more time before she published her controversial findings in December 2001. But she insisted: "The challenge has been withdrawn and I have been very concerned about the Omagh families over the past year, but they can now rest content that the report remains." The Police Association, which represents senior officers and rank and file members, was left incensed by her interpretation. It had applied for a judicial review of her findings, claiming her report was grossly unfair. Her scathing report on how police handled the investigation into Northern Ireland's worst terrorist outrage left senior officers shocked and furious. She claimed the inquiry had been hampered by "defective leadership, poor judgement and a lack of urgency". 1/27/03 Page 2 of 2 Sir Ronnie was also singled out for criticism, with the Ombudsman accusing him of "seriously flawed judgement". Her comments prompted the ex-Chief Constable to declare he would publicly commit suicide if her allegations were proved. In the legal compromise it was agreed the litigation should be halted while the Ombudsman accepted senior Police Service of Northern Ireland officers should have been given more notice of the allegations against them. More than the two weeks granted for a response before she published her findings should also have been allowed, she accepted. But the bitter divisions erupted again today as angry officers insisted the court challenge had never been about whether the Ombudsman's allegations were right. Mr Montgomery, who also chairs the Police Association, said: "The issue at stake for the judicial review was the concern that natural justice had not been afforded to members at all levels because of the manner in which the Ombudsman went about compiling the Omagh report. "Specifically in the settlement statement the Ombudsman conceded that with hindsight, certain PSNI members should have been given notice of the allegations against them and a better opportunity to respond. "While the Ombudsman may have come to the same conclusion had she waited to receive all comments from the police, without these comments the report was incomplete and therefore flawed and of a lesser standard than could have been reasonably expected. "Furthermore, in her defence she cited the urgency of the report as her excuse for the lack of academic rigour. Urgency should never take precedence over natural justice." 1/27/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 10:24 AM To: update@nacole.org Subject: [NACOLE Update] New York, NY - NYPD Internal probe finds no misconduct in Jogger case This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg {wall.civic.iowa-city.erg [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLC100; Men, 27 Jan 2003 13:29:07 -0600 Received: through eSafe SMTP Relay 1043684909; Men Jan 27 13:31:15 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp {Exim 3.36 #1) id 18dEuO-0001GI-00; Men, 27 Jan 2003 13:27:04 -0600 Received: from avocet.mail.pas.earthlink.net ([207.217.120.50]) by gamma.jumpserver.net with esmtp {Exim 3.36 #1) id 18dE1Z-0000wl-00 for update@nacole.org; Men, 27 Jan 2003 13:17:57 -0600 Received: from louie.psp.pas.earthlink.net ([207.217.78.221]) by avocet.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dEnC-0005kE-00 for update@nacole.org; Men, 27 Jan 2003 11:19:38 -0800 Received: from [207.217.78.16] by EarthlinkWAM via HTTP; Men Jan 27 11 :19:37 PST 2003 Message-ID: <3708970.1043695177961.JavaMail.nobody@louie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] New York, NY - NYPD Internal probe finds no m isconduct in Jogger case Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Men, 27 Jan 2003 11:23:58 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org No Police Misconduct Found In Central Park Jogger Case NY1 News =20 JANUARY 27TH, 2003 An NYPD internal review has found no police misconduct in the investig ati= on of the 1989 Central Park jogger rape and says the five youths whose co= nvictions were overturned were =E2=80=9Cmost likely=E2=80=9D guilty.=2 0 The 42-page report, made public Monday, does recommend changes to poli ce - procedure for similar cases, but it does not find fault with any of th eo- fficers involved in the investigation 13 years ago. The report dispute st= he defendants=E2=80=99 claim that their initial confessions were coerc ed.- =20 =E2=80 9CThere was no misconduct on the part of the New York City Poli ce = Department in the arrest and interrogation of the defendants,=E2=80=9D th- e review concludes. =E2=80-9CThe police officers followed carefully th es pecial statutory rules relating to the questioning of individuals less th= an 16 years of age, in particular rules pertaining to the participatio n o= f parents or guardians in such interviews.=E2-80-9D=20 A judge, following the recommendation of the Manhattan district attorn ey,- vacated the verdicts in December, based on the confession last Januar f convicted murderer and rapist Matias Reyes. DNA evidence confirmed h as the sole rapist, but the NYPD report attacks his credibility.=20 Reyes only came forward to get a better prison assignment, after recei yin= Page 2 message.txt g threats from other prisoners, according to the NYPD legal team that ducted the review. The report also says the teens =E2=80-93 though cle d by the judge =E2=80=93 were guilty of assaulting as many as nine otb ers= in the park, and speculates that they could have also attacked the 28 -ye= ar-old investment banker before Reyes did.=20 =E2-80=9CThe defendants might have abandoned the jogger after mauling her= in the hit-and-run style typical of their rampage, and Reyes could ha ve then come upon her and perpetrated a new attack, but in a much more br uta= 1 fashion,=E2=80 9D the report says. =E2=80-9CThe defendants=E2=80=99 les= ser role would, in fact, be consistent with their confessions.=E2=80=9 D=20 Antron McCrae, Kharey Wise, Kevin Richardson, Yousef Salaam and Raymon dS antana, now aged 28 to 30, were arrested with other teenagers the nigh f April 19, 1989, when numerous bikers and joggers were the victims of =E2= 80=9Cwilding=E2=80=9D attacks. The five teens were convicted largely on the basis of their videotaped confessions, which, at trial, they claim ed were coerced.=20 There were disparities in their statements, but the NYPD review says t hey= were not coerced.=20 The report still recommends procedural changes, such as establishing a mmand center for similar cases, with a senior officer, rotating in 12- hou= r shifts, in charge at all times. The review also says police stations do= not have adequate space to interrogate minors.=20 The defendants, who had already served out their prison terms, are sti 11 mulling a lawsuit against police and prosecutors, claiming they were t Page 3 message.txt he = victims of overzealous prosecution in the racially-charged case. In ad dit= ion to the allegations of coercion, supporters of the defendants point OU- t that Reyes was a suspect in similar rape in Central Park just two da ys = earlier but was never questioned in connection with the jogger case. 2O Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Page 1 of 3 Marian Karr From: Ids. Jones@ci.austin.tx.us Sent: Monday, January 27, 2003 10:38 AM 1o: update@nacole.org Subject: [NACOLE Update] Pursuit of case against police chief baffles some Jan. 25, 2003, 9.'46AM Pursuit of case against police chief baffles some By BILL MURPHY Copyright 2003 Houston Chronicle EXTRA !' Local lawyers and former prosecutors remain baftled by LSJ I the district attorney's office prosecuting Houston Police Chief C.O. Bradford on an aggravated perjury charge From the Chronicle Archives: despite what they say was a dearth of evidence. · Police chief'sperj~trial stirs debate - Jan. 19 · Bradford's current troubles belie an exernplar~, career - Sept. 22 · Bradford's lawyers release transcript of hearing - Sept, 13 Perjury convictions are won only when a defendant has · HPD's chief: indicted - Sept. 7 clearly lied on a substantive matter, the lawyers said, and Bradford appeared to have done nothing more than equivocate about whether he had sworn at subordinate officers in the past. "I bet if you spent the rest of your days looking for a lawyer outside the district attorney's office who thought that was a good prosecution, I don't think youql find one," said trial lawyer David Berg. However, Don Smyth, the Harris County assistant district attorney who prosecuted the case, said he still believes Bradford committed perjury. "He xvas very Clintonesque in his responses," Smyth said. "I would prosecute this case again (if given a second chance) and might very well get a different result in a different court." After the prosecution rested Thursday, state District Judge Brian Rains dismissed the charge -- that prosecutors failed to prove their case. Bradford's lawyers were ready to present evidence, but Rains' directed verdict ended the trial. Bradford was accused of intentionally lying under oath at a police grievance hearing in May about whether he called Assistant Chief J.L. Breshears a "mother ...... ." Bradford, himself a lawyer, testified then he did not recall s~vearing at Breshears or any other officers. On further questioning, he said, "I don't remember calling Joe that in any casual term, much less in a mandatorily called meeting where I'm talking to supervisors or subordinates. "No, I categorically deny having done that. Do not have any recollection of it. And I would be thoroughly embarrassed. And if I did it, I would be wrong, and it's still not acceptable." Six lawyers who followed the case were dumbfounded that those remarks were the basis of a perjury prosecution. 1/27/03 Page 2 of 3 "It was extremely bad judgment to bring the case," said Ron Woods, former U.S. attorney in Houston and now a white-collar criminal defense lawyer. "The statement by the chief was vague enough that it never should have been brought before the grand jury." . People are not convicted of perjury based on equivocaI statements, several lawyers said. "The answer has to be the total opposite of the truth," Berg said. "Here's a guy searching his memory. What made Chief Bradford's indictment incapable of being proven was the equivocation in his answers." David Crump, who teaches criminal law at the University of Houston Law Center, said, "An equivocal answer that shows you are struggling and can't remember is not perjury." Several lawyers said they were astonished a prosecutor convinced a grand jury to indict Bradford. The indictment provides further proof of the system's inadequacies, said trial lawyer Joel Androphy, a longtime critic of the grand jury system. "The grand jury system doesn't work and hasn't worked," he said. "They only get the evidence the prosecuting office shows them." Once Bradford was indicted, Androphy said, District Attorney Chuck Rosenthal or a prosecutor should have made sure the case went no further. Woods agreed: "The district attorney's office dismisses cases all the the time after an indictment." Others said Bradford's case was so flimsy, prosecutors should never have taken it to a grand jury. "It should have been trash-canned the day it came in," said veteran trial lawyer Tom Alexander. "The reason it wasn't was politics at the Police Department." Rosenthal underwent surgery Friday and was unavailable for comment. Bradford was charged with perjuring himself while testifying at a grievance hearing over police Capt. Mark Aguirre's use of profane and threatening language. Bradford gave Aguirre a ~vritten reprimand, overruling a disciplinary committee's recommendation for a five- day suspension. Aguirre flied a grievance over the written reprimand. Prior to the grievance hearing, prosecutor Smyth said, Bradford was warned that Aguirre's lawyer would argue that the chief had engaged in a double standard by punishing the captain for behavior he himself had indulged in,. Smyth said Bradford was also told at least four times that Aguirre's lawyer would question him about whether he had cussed out subordinates. Judge Rains was wrong not to let Bradford's trial go to the jury, Smyth said. In a closing argument, he said, he could have made a cogent case that Bradford sought to undermine Aguirre's double-standard argument by lying about his own cursing and falsely not recollecting it. "The state's position is, he knew he called (Breshears) that from the get-go," Smyth said. "If he had let it go at 'I don't recall,' there would have been no prosecution. But he said he had never done that." 1/27/03 Page 3 of 3 Smyth said he believed in the perjury case and that no one had pressured him to prosecute Bradford. Once Bradford was indicted, he said, "We would have been condemned regardless of what we did. if we failed to prosecute the chief, people would have written letters to the editor and said we didn't prosecute because the chief is a highly placed person. "And if we went forward, people would be saying we were after him because he was a ighly-placed person. It was a no-win situation." **~ eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1/27/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 11:05 AM To: update@nacole.org Subject: [NACOLE Update] Riverside CA - Police Union rankled by Oversight Group Panel rankles police union RIVERSIDE: Some of the roles aren't needed, an attorney for the officers group says. 01/26/2003 By LISA O'NEILL HILL THE PRESS-ENTERPRISE RIVERSIDE - When the Cormmunity Police Review Commission was formed to review complaints against Riverside officers and take on other duties, few expected the police union to lovingly embrace the idea. The Riverside Police Officers' Association publicly stated that there was no need for such a board and monitored the commission's activity once it was up and running. But the union made few waves. That appears to be changing. The lawyer for the union has accused commissioners of violating the law by having access to police officers' personnel records and has threatened a lawsuit. In November, cormY~issioners voted to stop hearing cases after union attorney Michael Lackie addressed the panel. The body only recently voted to again review complaints. Lackie said in an interview that the union also is concerned about other issues, including the commission conducting independent investigations into police shootings and what the union says is a lack of notification to officers whose cases were being reviewed. "It seems to be wanting to conduct independent and separate investigations at the same time the city is conducting its own investigation," Lackie said of the panel. Don Williams, executive director of the commission, which was created in April 2000 by the City Council after the police shooting of Tyisha Miller, said the commission is on solid ground and is following bylaws. The body's bylaws mandate that the commission review and investigate the death of anyone whose death arises out of or is connected with the actions of a Riverside police officer. And at meetings, citizens repeatedly have asked for the inquiries. Williams said the commission and the police union are not going to agree on everything. That is also the case in other cities with civilian oversight, he said. "We're coming from different perspectives. This is perfectly normal. They have some concerns, and we always have been willing to address their concerns and listen to them." Williams said the commission is working on resolving issues with the union. Meanwhile, City Attorney Gregory Priamos would not comment in depth on attorney Lackie's complaint. "Ail I can say is that the city has addressed and will continue to address the concerns of the RPOA as to the duties and scope of the CPRC as they arise," said Priamos, who declined to say more. Chani Beeman, a community activist who attends commission meetings, said she would like to see the commission get even stronger. 1 "I really don't understand why the police fight this, because I think in the long run the police departments that typically have this, the shootings end up being sort of found within policy and procedure," she said. "Why would they want to continue to operate in the shadows when being out in review by the community helps the community understand they are doing their jobs appropriately?" The union is not opposed to the existence of the commission, Lackie said, but believes that the duplication of oversight is unnecessary. "We don't see the CPRC as adversaries," Lackie said. "We're not trying to put them out of business. What we're asking for is a change in their practice. We're not looking for an excuse to go to court." Reach Lisa O'Neill Hill at (909) 368-9462 or loneillhill@pe.com Online at: http://www.pe.com/localnews/riverside/stories/PE_NEWS nrpane126.583a9.html Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, January 27, 2003 11:12 AM To: update@nacole.org Subject: [NACOLE Update] Phoenix AZ - Phoenix police use of deadly force This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txl viewer that can display the original character set. message.txt Received: from wall.iowa-city.org {wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SHTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id 83TLCFJW; Mon, 27 Jan 2003 14:14:24 -0600 Received: through eSafe SMTP Relay 1043684909; Mort Jan 27 14:16:31 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dFc0-0003Dm-00; Mon, 27 Jan 2003 14:12:08 -0600 Received: from scaup.mail.pas.earthlink.net ([207.217.120.49]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dFW9-0002wz-00 for update@nacole.org; Mon, 27 Jan 2003 14:06:05 -0600 Received: from louie.psp.pas.earthlink.net ([207.217.78.221]) by scaup.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dFXm-0001Oy-00 for update@nacole.org; Mort, 27 Jan 2003 12:07:46 -0800 Received: from [207.217.78.205] by EarthlinkWAM via HTTP; Mon Jan 27 1 2:07:46 PST 2003 Message-ID: <7701005.1043698066108.JavaMail.nobody@louie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Phoenix AZ Phoenix police use of deadly for ce Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Mort, 27 Jan 2003 12:12:02 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org 1)Phoenix police attacked more, opening fire more Killings increasingly common here compared with other cities 2) Officers Investigated by their own By Judi Villa and Ryan Konig The Arizona Republic Jan. 26, 2003 A police officer in Phoenix is more likely to get attacked by a suspec t t= hah in any other of the nation's 10 largest cities, and also is more 1 ike= ly to shoot and kill. From 1996 to 2000, Phoenix police killed an average of 3.33 people per 1,= 000 officers, making them more than 2 1/2 times as likely to use deadl yf orce than officers in bigger cities like Los Angeles and New York, acc ord ing an Arizona Republic analysis. In the same period, an annual average of 32 out of every 100 officers wet e assaulted. Nearly 800 Phoenix officers were assaulted last year. Pol ice= shot one in six people who confronted them with guns, knives or other da- ngerous weapons. Although the majority of shootings by police are clearly beyond reproa ch,= some raise serious questions about whether police are too inexperienc ed,= too quick to pull the trigger or lack sufficient tactical training to de= fuse a situation before it becomes deadly. Police officials place much of the blame on suspects, saying they have be= come much more likely to take on police, forcing officers to use deadl Page 2 message.txt yf= orce to protect themselves. They also point to the Valley's transitory po pulation, the state's lax gun laws, Arizona's proximity to the border and~ the problems that brings, like smuggling and drug trafficking, to exp iai= n the high numbers. "We continue to emphasize the value of a human life in law enforcement Phoenix Police Chief Harold Hurtt said. "What we're trying to do is br ing= sanity to an insane type of situation, and it's very difficult." It isn't just Phoenix officers pulling the trigger. Across the Valley, of ficers shot and killed 23 people last year. From 1980 to 2000, Valley pol= ice killed 154 people. "There are too many innocent people getting killed and brutalized," sa id Phoenix attorney Richard Treon, whose specialty is police use of force Cops need to be taught and trained and sensitized. They've got to get out= of this adrenaline, ego, testosterone mode. And the worst part of it is = this pack mentality. The more there are, the worse it gets. "People sometimes do stupid things and shouldn't be killed for it." Phoenix police officials say they now recognize some shootings may hav eh= ad better outcomes if officers had used different tactics. In response o= fficers involved in shootings are now required to go through tactical rev= iews before returning to the streets. That process is still being form ali= zed. "It's very rare that you would see any of them that were completely, a bso= lutely perfect," said Phoenix police Sgt. David Otanez, who works on t he - Tactical Training Detail. Page 3 message.txt Even some shootings that were found to be within the parameters of dep art= merit policy "could have been better," said John Buchanan, assistant Ph ix police chief. "That's not to say that we do not recognize the difficulties that our off= icers face in making these decisions on the street. Police officers in th= ese situations never have enough time and never have enough informatio certainly not as much as they would like to have, when they are making th= ese decisions." As a result, it's hard to make sweeping conclusions about shootings, p oli= ce say, because each has a unique set of circumstances. Consider: =E2=80=A2 Adan Sandoval, 20, was shot to death by Phoenix police on Se pt.= 14, 2001, after he robbed a bank and led police on a car chase, accor din= g to police records. Police surrounded the vehicle after Sandoval cras bed= into a chain-link fence. When Sandoval reached under the seat and pul led= out something black, five officers opened fire, firing 30 rounds. The it= em Sandoval sought: a cellphone. The shooting met policy requirements, ev= en though officers didn't position themselves behind cover as they are tr= ained to do. -E2=80-A2 Simon Mayiel Riang, 26, was killed by Phoenix police on Apri 1 1= 0, 1997, after he fired a bullet into the pavement at a bus stop, near pedestrian, then walked into the lobby of the Catholic Social Services ccording to police records. Riang, who had been told eight months befo re - that he didn't qualify for a job at the agency, made his way upstairs, fi= Page 4 message.txt ring the rifle several times into walls and doors. When he spotted an off= icer slowly climbing the stairs behind him, Riang raised the rifle aga in = and fired. The officer returned fire, killing Riang. The shooting was rul- ed within department policy; no criminal charges were filed. =E2=80=A2 Wade Jess Jordan, 31, was shot multiple times and killed by Mos= a police on Dec. 27, 2001, after a traffic stop escalated into a showd own= involving 32 police officers, two police dogs and a helicopter, accor din= g to police records. Jordan, who was intoxicated and driving on a susp end= ed license after a DUI, was cornered in a cul-de-sac, pepper-sprayed, hit= three times with beanbag rounds from a shotgun and twice from a stun before officers opened fire. "Looking at the bullets that came from the back and from the front, I shocked that nobody else was killed," said Tammie Hanson-Ferguson, Jot dan= 's sister and a dispatcher with the Phoenix Fire Department. Still, sh aid, "I can't walk around with the idea in my mind that all cops are b ad, - because they're not." Jordan's shooting is still being reviewed by prosecutors, and Mesa pol ice- won't begin an internal investigation until that is complete. Police armed with less-lethal options Otanez said it should never be an officer's intention to go out and ki 11 = someone. With patience, better positioning and good tactics, officers hav= e more options. Officers are routinely put through scenario-based training that forces th= Page 5 message.txt em to decide when to shoot. Many of the scenarios are created from les son= s learned on the streets. In "stress inoculation training," officers learn how to control fear s ot= hey can react appropriately under stress. They also have a wide range of = less-lethal options, including pepper spray, batons and stun bags, in the= ir arsenal. Last month, the department ordered Taser guns for all officers. The gu ns = use electricity to temporarily paralyze a suspect. The officers hope t he - guns reduce the number of shootings and injuries to police and civilia "If we can end this non-lethal, we should," Otanez said. In 2,629 incidents since 1998 in which Phoenix police used force again st = a citizen, they fired a weapon 145 times, or in 5.5 percent of the inc ide- hts. In half of the instances, the most extreme force an officer used was- his hands. More than 260 officers were physically injured in assaults fr= om 1996 to 2002. Valley-wide since 1996, three officers have been kill ed = in confrontations with suspects."We are responding to the behavior and co= nduct of others," Hurtt said. "We're not going to ask the officer to wait and let them have the firs ts= hot. I think that's one of the things, too, the general public doesn't derstand. 'Well, couldn't you have just fired a warning shot?' We're n ot = in the business of just firing loose shots down the community because we - talk all the time about people and random gunfire. That bullet has to sto= p somewhere. So that's not an option for us. Our policy and trai g is you fire to stop the threat." Page 6 message.txt In the case of Howard Victor Shover Jr., 20, the threat was a half-ful lb= ottle of whiskey. Police shot and killed Shover in July 1998 after off ice= rs said he threatened them with the glass bottle. But Shover's mother, Ne= llie, said that the bottle wasn't broken and that her son was so drunk th= at officers wouldn't have had to shoot him if they'd taken the time to tr- y to talk to him first. "It wasn't something he should have been killed for," Nellie said. "Th ey = were called for a disturbance, and the policemen got out with a gun in th= eir hands. "I'm not saying they're all bad. I'm saying they're seeing things in t he - wrong aspect. They're going out shooting people and not seeing the big p±= cture. "I always thought they were there to protect and serve. Instead, they' re = like assassins." Geoffrey Alpert, who has studied police shootings and is chairman of t he = department of criminology and criminal justice at the University of So uth= Carolina at Columbia, said a higher level of resistance can justify a sh= ooting.. "People will fight police officers and put them in fear of their lives ,ez yen without weapons," Alpert said. "You don't wait to see. You'd have al= ot of dead cops if you waited." In four out of every five Phoenix police shootings since 1996, the civ ili= an was armed with a dangerous weapon, such as a gun, knife, vehicle or cl= ub. In more than 40 percent of the incidents, the suspect was knowingl Page 7 message.txt yi= mpaired, most often by alcohol, drugs or both. During the same period, Phoenix police shot 16 unarmed people; four di ed. "The cops refuse to recognize that time is their ally," Treon said. "I nst= ead of waiting the person out or doing things that could have been don et= o avoid the confrontational aspect of it, they seem to escalate it. Th ey = need to understand when a human life is involved; taking a little time is= not a great imposition on them as police." National experts say police shootings are declining in such major citi es = as Los Angeles, Houston, New York and Dallas. But Ron McCarthy, a cons ult= ant on police shootings and a former assistant commander for the Los A nge= les Police Department's SWAT team, said the potential for bad shooting sh- as grown.. Police departments are having more difficulty recruiting top candidate s, = there are large numbers of inexperienced officers on the streets, and roe kies are being supervised by field training officers with only a few y ear= s of experience, McCarthy said. That means the potential for confronta tie- ns with less desirable endings increases. In Phoenix, more than 50 percent of police shootings involve officers wit= h fewer than seven years on the force. "I think we can do a much better job of recruitment," McCarthy said. " You- can't give an immature person a gun and a badge." Every shooting is highly scrutinized When a shooting takes place, involved officers face independent crimin al - Page 8 message, txt and internal investigations. The first determines whether the shooting wa= s justified under criminal law, the latter whether officers resorted t o 1= ethal force as allowed by department policy. Department policy requires that a Phoenix officer cooperate with inter nal= investigators or be fired. Shootings also are reviewed by a Use of Fo rce= Board, which includes civilians. Few officers are ever disciplined for shootings. Phoenix Officer John McTernan was fired for intentionally shooting at a f= leeing vehicle in 1999 but reinstated after an appeal and given a 180- hou= r suspension. In Peoria, Lt. Mark Shepard was fired in August, in part for failing t o t= ake control of the standoff that led to the death of Julian Navarro Jr 20, during a barricade incident. Officer Norman Brice, the shooter, w as -- demoted. The discipline was considered a rare action for a police-invo lve= d shooting and is being appealed. Former Chandler police Officer Dan Lovelace, 38, is the only officer i n M= aricopa County ever to face criminal charges for an on-duty shooting. On Oct. 11, Lovelace shot and killed Dawn Rae Nelson, 35, of Phoenix, out- side a drive-through at a Chandler pharmacy where she was suspected by of= ficers of passing a forged prescription. Nelson's 14-month-old son was in= the car but not injured. Lovelace said that Nelson turned her car toward him and that he feared fo- r his life. But the investigation indicated Lovelace stood to the rear of= Nelson when he fired and was not in the path of danger. He was charge d w- Page 9 message.txt ith second-degree murder and felony endangerment and fired from the Ch and= ler Police Department. He is awaiting trial. In the past seven years, the Arizona Peace Officer Standards and Train ing Board, the state's police oversight board, has sanctioned only one of fic= er for an on-duty shooting. In September, the board permanently revoke dt= he license of Florence police Officer Steven R. MacGregor for shooting aR= unarmed burglary suspect in the back in July 1999. "Police officers are given a lot of leeway for the split-second decisi ons= they have to make," said Ted Brandon, the board's compliance speciali st, As a result, police shootings often play out in civil lawsuits, the mo st = recent a $1.65 million settlement Apache Junction paid to the family o f a-- knife-wielding teen shot by a sergeant responding to a domestic viole call. Great authority, great accountability Police officers, by law, are given a tremendous amount of authority. They can take away someone's freedom, put them in jail and, in certain ci= rcumstances, take a human life. With that authority comes accountability, said Phoenix police Cmdr. Bi 11 = Louis, who oversees the Professional Standards Bureau. "You will expend all your other options first," Louis said. "You will try= everything from verbal persuasion to less lethal to all the other tec hni= quos that we train our officers with. But there's times where you just Page 10 message.txt do= n't have a choice, and I think that'i1 always be there in our society. I - don~t think we'll ever get to the point where we can take guns away fr om = our police officers." Phoenix police Lt. Robert Handy, who fatally shot a suspect in 1996, s aid= at the moment he pulled the trigger, "it was either him or me." The man Handy shot had already threatened other people with a gun thre et- imes that night and was running from Handy when he turned and pointed ag= un over his shoulder. Six years later, Handy still wonders about the 10-month-old child who los= t his father that night. "Do I have regrets about taking a father away from a child? Absolutely Handy said. "Do I wish from that perspective it could have changed or bee= n something different? Oh, yeah. But it wasn't my choice. It was his c hoi- ce." Buchanan, Phoenix's assistant police chief, said officials have been i nte- rnally discussing the use of force, particularly deadly force, for sev era= 1 months and are putting together a better process to review police sh oot= ings. Police officials have identified shootings in which the suspect is una rme= d or trying to escape in a vehicle as areas of focus. "The responsibility we have to the community to be as judicious as we can= about applying any force and in particular deadly force is one that w e c= an't ever forget," Buchanan said. Page 11 message.txt "We can do better and if we can, we should." The department wants to make sure its values about use of force are we 11 = understood and pushed down through the ranks. He also said people need to be put into place to better evaluate such are= as as training and the ways officers make themselves vulnerable. "Day in, day out, night in, night out, our officers are capable and ve ry = often accomplish things without the use of any force at all. That's im per- tant and it's sometimes overlooked," Buchanan said. "We are not trigger-happy." Reporters Patricia Biggs, Senta Scarborough and Jim Walsh contributed to = this article. Officers often investigated by their own Some question departments' ability to review shootings with objectivit Y Patricia Biggs The Arizona Republic Jan. 26, 2003 12:00 AM Under a tarp in a gated parking lot in Mesa sits a truck riddled with bul- let holes, a 2,400-pound piece of evidence in pending criminal and iht ern= al investigations and a lawsuit. Maricopa County Attorney Rick Romley is expected to decide next month whe- ther to charge the seven Mesa police officers who fatally shot Wade Je ss = Jordan while he was in the truck on Dec. 27, 2001. After that, the Mes a olice Department will begin an internal review of the shooting, which is - standard procedure in all uses of deadly force. Page 12 message.txt Every time a police officer fires a weapon at a civilian, two investig ati- OhS begin: a criminal investigation to determine whether the officer u sed- lawful force, and an internal investigation to decide whether departm ent= policies were violated. In many cases, the criminal investigation is conducted by the officer' s a gency, a practice many find troubling. And, though Romley has confidence in the integrity of police departmen ts - investigating their own officers, he thinks it's time to consider a di ffe= rent approach. "I am concerned about the public perception," Romley said. "The questi on = is, how can we improve the process in any way to make sure the public bel- ieves that it's being fairly looked at?" One idea, creating a civilian oversight panel, has been tried elsewher e a- round the country. "It was a disaster, an absolute disaster," Romley said. Civilians tend to be even mere sympathetic to the officer's view than oth er officers, there is a long delay in reviews and it's difficult to de vel- ep expertise en the panel, he said. The Arizona Association of Chiefs of Police plans this year to develop a statewide protocol for investigating officer-involved shootings. Assoc iat= ion President Gordon H. Gartner, the police chief in Payson, said the pro- tocol would not be binding, but rather "how we think these things can be = handled in a generic sense." Gartner said the association likely will discuss whether law enforceme nt = Page 13 message.txt agencies should investigate their own officers. Mesa police Lt. Todd Thomas, who spent four years as head of internal aff- airs, said he thinks his department can objectively investigate. "You want to walk into a situation and be completely neutral," Thomas sai= d. "The facts are what they are." If the shooting is fatal, the scene quickly becomes frenetic as fellow of= ficers, homicide detectives, onlookers and reporters converge. The shooting officer is isolated from others to keep the story from be com lng tainted. The officer's weapon is taken as evidence. The officer is put on a three-day administrative leave and encouraged to = talk to a psychologist during that time. Even if a shooting is ruled justified in the criminal investigation, i tc= an still prompt policy changes as a result of the administrative revie "To grow as an organization, we want to look at it and say, 'Could the OU= tcome have been different or maybe been prevented?' "Thomas said. "An yt= ime we have to use any level of force, it's not pleasant. And sometime tragic.." In the criminal investigation, the officer has the same constitutional ri= ghts against self-incrimination as everyone else. But in the internal inv= estigation, the officer is required to answer all questions or be fire The answers cannot be used in legal proceedings. A special assistant attorney goes to the scene of the shooting to make in= dependent observations and do a walk-through with the officer and pote nti= Page 14 message.txt al witnesses. "If we don't think they're doing something right, we can do it on our own= ," Romley said. "I think every (police) chief in this Valley knows, if I = thought there was a cover-up, I'll come after them." A shooting review board of senior prosecutors and investigators studio s t= he report. "The only thing we're looking at is, is there a question of criminal 1 lab= ility," said Mark C. Faull, of the County Attorney's Office. "And seco ndl= y, whether there's a reasonable likelihood of conviction." Romley has only once charged an officer in an on-duty fatal shooting. Chandler Officer Dan Lovelace awaits trial on charges of second-degree rder and child endangerment after killing Dawn Nelson at a pharmacy dr ire- -through on Oct. 11. Before his indictment, Chandler officials receive d m= ore than 100 e-mails, many questioning the department's ability to con duc= t a fair investigation. Attorney Richard Treon, who has made a sub-specialty of police use-of- for= ce lawsuits, said police should not investigate their own any more tha n 1 awyers or doctors. Some police should be involved because of their training, he said, "bu t i= t has become so much of a 'protect our own' kind of mentality, with no pu-- blic interest represented at all." On the other hand, public outrage over high-profile shootings doesn't nec= essarily translate into public action. In 1990, Treon tried unsuccessfully to muster statewide support for a spe= Page 15 message.txt cial agency to investigate police shootings. The effort stemmed from a Jan. 28, 1990, case, in which Arizona Depart men t of Public Safety Officer James French fatally shot Jeffrey Dawes, 17 fter a freeway chase. Dawes got out of the car to surrender; French sh ot = him in the back of the head in what authorities maintained was a refle ction. Family members settled a lawsuit for $500,000 and an apology fr om = the head of the DPS. Most large agencies continue to investigate their own shootings, altho ugh the DPS has an investigative unit that will respond anywhere in the s tat= e at an agency's request. The unit did 12 such investigations last yea DPS Sgt. Bill Kennedy said. Meanwhile, Jordan's father, Darrell Jordan, awaits Romley's decision a nd = has filed a wrongful-death lawsuit. He said having Mesa investigate his son's shooting is like "the fox gu ard= ing the hen house." "You bet it bothers me." Reach the reporter at patricia.biggs@arizonarepublic.com or (602) 444- 796- 1. =2O -20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 16 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Monday, January 27, 2003 12:23 PM To: update@nacole,org Subject: [NACOLE Update] Every Officer Does His Duty Austin Chronicle Every Officer Does His Duty? BY JORDAN SMITH January 24, 2003: [~ And now for a bit of irony provided by the Austin Police Dept. According to an APD press release, on Jan. 5 just after 4am, five-year veteran officer Dewayne Friar heard "suspicious noises" outside his South Austin home. After telling someone else inside the house to call 911, the off-duty Friar went outside to discover two people burglarizing his car. The two quickly fled in a Jeep Cherokee, pursued by Friar in his car; when the Jeep pulled into a nearby cul-de-sac, Friar followed, got out of his car, and identified himself as a police officer. One suspect fled; Friar got the other onto the ground where a struggle for Friar's gun ensued. Eventually the gun went off and the suspect, Tony Bustos, was shot in the groin. The other suspect was arrested shortly thereafter. According to the press release, Friar has been placed on restricted duty while the incident is investigated, as is standard practice. But it appears the APD public information machinery has already given Friar a nod of approval. APD spokesman Kevin Buchman told News 8 Austin that it is department policy that, even if an officer is off-duty, "if an officer witnesses a crime ... the officer [is] to take action." News 8 added that in Texas it is legal for people to protect their property and that "police say, in this situation, officer Friar was also protecting his neighborhood." These two declarations confounded Naked City, considering the hoopla APD has raised over the similar actions of former officer Tim Enlow, who was fired for, among other things, taking police action while off-duty. During Enlow's extensive arbitration hearing last fall, APD witnesses, including Chief Stan Knee, told arbitrator Harold Moore that Enlow had blatantly violated policy when he made two off-duty arrests in February 2001 at the South Austin apartment complex where he lived. On Feb. 10 Enlow arrested a man dealing 41 grams of crack behind an apartment building, an arrest Knee said Enlow should not have made. "What I'm saying is that as best I can recall, according to the investigation, Mr. Enlow saw something that required police action," Knee told the arbitrator. "He drove across the street where the four individuals were, two of which had moved around the side of the apartment. What I am saying is, we have a policy that restricts off-duty [actions] simply because we want our officers to be good witnesses. We don't want them to engage in checking out suspicious activity." "How do you become a witness if you don't check out suspicious activity, Chief?." asked Enlow's attorney Mike Rickman. 1/27/03 Page 2 of 2 "Well, you call the station," Knee answered. A little later Rickman asked Knee for further clarification on this police-as-witness policy: "So when an officer in the Austin Police Department is off duty, walking down the street, and he sees suspicious activity ... he's just supposed to turn around, not look at it, and go call the police department; is that correct?" Rickman asked. "That's correct," Knee answered. While the department struggles to explain why Friar is a hero but Enlow a scoundrel, Austin Police Association President Mike Sheffield feels the issue is clear-cut: "We believe it is absolutely appropriate for officers to take action while off-duty when they see an incident occur," he said. "I think that's what the citizens expect and what they demand of us as officers." eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 1/27/03 ZDNet: Printer Friendly - Houston decides to drop Office Page 1 of 3 Marian Karr From: Irvin Pfab [ipfab@avalon.net] Sent: Monday, January 27, 2003 1:28 PM To: Irvin Pfab Subject: 12403Nv FPO Huston decides to drop office: *** eSafe detected a hostile content in this email arid removed it. *** /c.gif?ts=-1249430210&edld 2&prtnr-CNET+Networks%2C+Inc%2E&oid=2102%2Dl104%2D981878&ptld 2 To print: Click here or Select File and then Print from your browser's menu This story was printed from ZDNN, located at http://zdnet.com.com/2001-11-0. Houston decides to drop Office By David Becker Special to ZDNet News January 24, 2003, 4:52 AM PT URL: http://zdnet.comcom/2100-1104-981964 htm! Houston has begun to phase out Microsoft Office for its 13,000 city workers in favor of Web- based software from a local start-up. The Texas city signed a five-year, $9.5 million contract last year with Houston-based SimDesk Technologies to provide city workers and, eventually, up to 3 mirrion city residents with the company's software and services. SimDesk offers a package of more than two dozen applications covering basic PC tasks such as word processing, spreadsheets, calendars and e-mail. The applications include a subscription to SimDesk's Web-based services, which allow customers to store documents, messages and other data on a central server run by SimDesk. This data can be retrieved and manipulated from any device with a Web connection, including cell phones and handheld computers. Ray Davis, SimDesk's founder and president, said the key to making it work is an extremely efficient protocol for transferring data to and from SimDesk's central server. The company has a single 32- processor Unisys server capable of handling 21 million users. "It's not the typical client-server relationship," Davis said. "We use a patented, proprietary transfer protocoL_that uses a very specific load-balancing technorogy we developed. Whether you're using a cell phone or the fastest Internet connection at the office, it reacts the same. You don't have to worry about bandwidth." Such efficiency is the ticket to turning the hype surrounding Web services into reality, Davis said. "Web services is a great idea; ubiquitous access to your data from any device is a great idea," he said. "But when you 90 and look at the costs and infrastructure involved--a school system can't afford the servers and software and routers involved in creating that type of environment. We've stripped away all dependencies that normally would be involved in handling Web services. We have no dependencies on Microsoft, Sun (Microsystems), Oracle or Linux." Houston officials heard about SimDesk two years ago and began testing its software and services on public library PCs last year. Richard Lewis, chief information officer for the city, said response to the 1/27/03 ZDNet: Printer Friendly - Houston decides to drop Office Page 2 of 3 library trial was so good that when the city began looking for alternatives to Microsoft Office, SimDesk was a leading contender--in part, because Microsoft enacted last year potentially expensive new licensing plans. "Microsoft respects the right of any customer to review software alternatives, but the discussion should go beyond price," a Microsoft representative said. "Office has a proven track record." The resulting contract with the city of Houston calls for the installation of SimDesk on half of the 13,000 PCs used by its workers. Houston's Lewis said city workers have begun phasing in the software in four departments with a total of about 1,000 desktops. Workers switching to SimDesk will also get new hardware-a stripped down "lnternet appliance" without PC frills such as local storage. Lewis said that if the new software and hardware allow city workers to do their jobs without any sacrifice in productivity, the introduction of the project will be accelerated, promising significant savings in hardware, software and administration costs. "1 won't know for months whether this is going to really be a feasible alternative to Microsoft in the enterprise," he said. "If it is successful, we're only going to be buying Internet appliances for the next two years...The notion of trying to reduce your software license costs, you hardware costs, your support costs-those are all good, solid business goals, and we're obligated to pursue those where we can." The third phase of Houston's SimDesk experiment allows any Houston resident with a library card-up to 3 million users-to install and use the application, all subsidized by the city as part of the contract with SimDesk. Lewis said the goal is to ensure that every Houston resident has access to basic PC functions, whether they're using a public PC at the library, an old-hand-me-down laptop or a $50 Internet appliance. "That's really what's driving this-our mayor (Lee P. Brown) is going to be the first mayor on the planet to really bridge the digital divide in a major city," Lewis said. "It just makes sense to make sure all sectors of our community have access to these kind of productivity tools." The city of Chicago recently agreed to a pilot program using SimDesk, and Davis said the company is negotiatin9 with Los Angeles and the national government of Brazil. Thick and thin SimDesk applications will open and edit most common data formats, but they don't include all the bells and whistles of Office and other full-fledged applications. Davis said he expects that many clients will continue to provide Office or similar applications for some power users, while using SimDesk for average workers and to provide universal access. "We are not trying to go toe-to-toe with Microsoft Office," he said. "SimDesk can work alongside Microsoft Office, but it can do a lot more. You can't access an Office document on your cell phone." Microsoft has endured a number of high-profile defections from its products in recent months. Hewlett-Packard, Sony and other PC makers have ditched Microsoft Works, the lower-priced consumer version of Office, in favor of cheaper software packages from Corel and Sun. Paul DeGroot, an analyst for research firm Directions on Microsoft, said such high-profile customer losses don't pose an immediate threat to Microsoft, but they signal changing attitudes that could hurt the software giant. "It's not something Microsoft can be casual about or ignore," DeGroot said. "When a new product like this (SimDesk) gets a large reference account like this, it's very important. Customers need to know there's someone else that looked at the solution, adopted it and found a good basis for making the change." 1/27/03 ZDNet: Printer Friendly - Houston decides to drop Office Page 3 of 3 SimDesk adds an interesting twist, DeGroot continued, by employing a "thin client" approach: Most of the heavy lifting is done by a central server, allowing the client software to run on relatively Iow-end devices. "A very important thrust for Microsoft is to make the case for a fat client--for connectivity, for the enormous processing power available on the PC," DeGroot said. "They need to avoid the trend toward companies adopting a very server-centric, thin-client approach." 1/27/03 Page 1 of 3 Marian Karr From: Ids. Jones@ci.austin.tx.us Sent: Monday, January 27, 2003 4:11 PM To: update@nacole.org Subject: [NACOLE Update] Road rage remains tough to curb Jan. 27, 2003, 6:33AM Road rage remains tough to curb Police say monitoring aggressive city driving a daunting challenge By ALLAN TURNER Copyright 2003 Houston Chronicle Tragic results of road rage Engaging in traffic battles, the record shows, can be disastrous, A look at some recent cases in the news: · April 17, stockbroker Marcus Peacock, 38, was fatally shot after he forced another motorist to stop, then pounded on -- and broke -- his car window. The encounter at South Shepherd and Richmond grew out of an earlier tailgating incident. The motorist was cleared by a grand jury. ..lune 3, Joshua Quinn, 25, of The Woodlands was beaten and robbed by five youths after he honked at them when they nearly collided with his car. .July 30, John Hart, 41, of Friendswood was wounded when he traded shots with occupants of another vehicle. His wife and three children, in the car with him, were unhurt. .Oct. 8, Marlin Anderson, 24, was shot when he confronted another motorist after a hostile freeway exchange. .Nov. 30, Jeff Lloyd, 26, was stabbed in the head, neck and shoulder as he quarreled with another motorist about a reckless driving incident. .Dec. 22, Fidel Sandoval was shot to death as he confronted another man after an accident on Sam Houston Parkway. Daniel Rodriguez Maldonado, 24, was charged with murder in the case. · Jan. 15, Aaron Day, 21, shot by someone in a speeding sport utility vehicle on a Gulf Freeway feeder road. The assailant has not been caught. crew and the police, who dryly recorded the details of the traffic fight that cost him his life. At 3 p.m. Jan. 15, Day had been traveling on a Gulf Freeway feeder road with a friend and her 2-year-old child when a speeding SUV sxverved in front of him. What happened next is uncertain, but the outcome is clear: As Day struggled to get control of his car, a passenger in the second vehicle fired a shot into his head. Day became the city's first road rage fatality of 2003 -- and a grim reminder that the city's streets and freeways can, in an eye-blink, become a deadly battlefield. Last year, at least six area motorists were beaten, stabbed or shot, two fatally, in similar incidents. Day's death came just three weeks after another motorist, 18-year-old Fidel Sandoval, was shot in the head in a dispute arising from a collision. Aggressive driving and roadway violence may have lost their media buzz, but they have not gone away -- not in Houston, nor, authorities say, in any other major city. "The problem," said Sgt. Cliff Barber of the Houston Police Department's Radar Task Force, "is there are so 1/27/03 Page 2 of 3 many roadways that have potential violators and a finite number of police officers. In no way, shape or form can you begin to do more than hit the worst places." Ten officers are assigned to the Radar Task Force, 30 to the traffic enforcement division and an additional 100 or so to the accident-investigation squad, Barber said. Those efforts, and the help provided by other officers who assist with traffic when not responding to calls, keep roadway violence in check, Barber believes. But the challenge is daunting. Harris County is home to more than 2.5 million motor vehicles. Each day those vehicles cumulatively travel more than 44 million miles. Motorists routinely drive 20 mph above the speed limit on some city streets. Last year, a program targeting obnoxious Houston highway drivers resulted in the issuance of 40,750 citations. Texas Department of Public Safety figures for 2000, the most recent year for which statistics exist, show 23 percent of the state's reported aggressive-driving-related accidents occurred in Harris County. A study by the Washington, D.C.-based Surface Transportation Safety Project found Houston highways were the nation's 14th worst in terms of aggressive driving. Dallas placed eighth; San Antonio, 10th. Spokesman James Corless said aggressive driving was most prevalent in cities that are most reliant on automobiles. Despite the sometimes sensational media attention directed to aggressive driving and road rage in the late 1990s, to a large extent, the phenomena remain mysteries. Getting a measure of aggressive driving is "kind of hard to do," said Tim Hurd, spokesman for the National Highway Traffic Safety Administration, because it presumes the ability to read a motorist's mind. "If someone goes through a red light, was it because he was so angry that he didn't see it?" Hurd said. "Or maybe he was distracted or asleep, or maybe there was some medical problem. You have to know somebody's state of mind. We don't have a good way of quantifying these things." "We really don't know if aggressive driving has increased," added Patty Ellison Potter, an NHTSA research psychologist. But congested roads -- more drivers, not enough asphalt -- lead to a public perception that the situation has worsened, she said. "We are acting accordingly," Potter said. Potter's agency recently launched a pilot study in which driver behavior is monitored via cameras strategically mounted along Washington, D.C., freeways. Psychologists debate whether angry people become aggressive drivers when they slip behind the wheel, or whether even milquetoasts can transform into traffic tigers when exposed to the rigors of the urban road. They argue the role of gender or even vehicle type in roadway aggression. "Anonymity most definitely plays a r01e," Potter said. "You feel anonymous and safe in vehicles, allowing you to vent your frustrations. The heat index -- and it gets hot in Houston -- is definitely linked to aggression. Then there are aggressive stimuli -- the sight of a weapon, an aggressive bumper sticker, even billboards showing speeding vehicles." Bryan Porter, an experimental psychologist at Old Dominion University in Norfolk, Va., believes some aggressive behavior simply boils down to opportunity. "Why do people do it?" said Porter. "They know the odds of getting caught are very slim." 1/27/03 Page 3 of 3 Porter, who has studied the phenomenon of running red lights, suggested authorities should worry less about violent road rage and concentrate on curbing specific aspects of aggressive driving. "Reckless driving causes crashes or situations of anger," he said. "I wish people would get serious about risky driving. Go after the actual behaviors. Throw the kitchen sink at them. When you get rid of these behaviors, you'll cut road rage." NHTSA notes that some cities, like Albuquerque, N.M., have made significant strides in doing just that. "We were at the top ora lot of lists we didn't want to be on -- traffic fatalities, DWI-related crashes," said Albuquerque police Capt. John Gonzales. In 1996, Albuquerque reported a 12 percent increase in serious accidents; the following year -- after stringent police actions began -- the total dropped by 12 percent. Gonzales said police increased patrols in problem areas, sometimes using unconventional vehicles like utility trucks to snare the unwary. Cameras were installed on freeways. Officers stationed atop highwayside "cherry pickers" spotted aggressive drivers and radioed patrol units waiting along the roadway. A new hot line allowed motorists to instantly report instances of bad driving. In Houston, a city roughly three times the size of Albuquerque, police long have focused on prevention, urging drivers to stay calm, use common sense and exercise courtesy. "It doesn't accomplish anything to get angry yourself," HPD's Barber said. "Don't confront bad driving activity. ... Just get away from it. Slow down, let them go past. You may have to pull to the shoulder for a moment or off the roadway entirely, but do it in a safe, lawful manner." 1/27/03 Marian Karr From: Mark Halfmoon [markhalfmoon@yahoo.com] Sent: Tuesday, January 28, 2003 1:37 AM To: NACOLE UPDATE Cc: Cop Watcher Subject: "Progressive" CA City Lays Waste To Police Oversight "Progressive" CA City Lays Waste To Police Oversight On Tuesday, January 28th, the Santa Cruz City Council will most likely vote to repeal the ordinance that created the Citizen's Police Review Board {CPRB) in 1994. Mayor Emily Reilly and other council members believe that the board is ineffective and a waste of money. They claim that the city can save $90,000 te $120,000 per year by doing away with the CPRB and that due to a current budget crisis Santa Cruz can no longer afford what they see as a non-essential program. Some of the council members say that they support the idea ef citizen oversight of the police but that it could be done cheaper by using an "auditor" model. Some members of the beard feel that indeed the CPRB is ineffective because of how it was created. When a person makes a complaint about police policies, procedures, practices and individual behavior, it i~nediately goes to the Police Department's own Internal Affairs (IA) investigator where it often languishes for months while it's being investigated. The police conduct interviews with the complainant, officers involved and witnesses. The investigator eventually makes a recommendation to the chief or deputy chief and one of them makes a "finding." The complaint, IA recommendation and finding are then forwarded to the CPRB for review. The board then, at its next monthly meeting, in closed session, attempts to make a finding of its own. What is wrong with this process is that the CPRB has only the report by the police themselves to use in determining whether they collectively er individually have harassed, abused or violated a citizen's rights. Needless to say, there is a tendency by police officers to dewnplay the wrongdoing efa brother/sister officer even to the point of convenient amnesia and "mistakes" made in the report. The fact that CPRB findings correspond to the findings of the chief in the majority of complaints (usually exonerating the subject officer) is not an indication that there was ne police wrongdoing. But, given the restrictive rules of the CPRB ordinance, an honest person, unknowingly misled by overwhelming evidence provided by only one side in a dispute (which almost always discredits the other side) has ne choice but to agree with it. The repeating patterns we see of infractions elevated to violence and arrest and the toe-tight handcuffs complaints excused by IA seems te indicate that people who complain about police are either all hotheads and liars or that there are some hotheads and liars on the 1 force. The "lurching at officers" Es a justifiable pretext to violent police "reaction" are just too damh common and not credible to myself, and to other members of the CPRB. But, because of the repressively restrictive review process, we find ourselves helpless under the current ordinance to do little mere than make policy recommendations te the city council, City Hanager and Police Chief. Based en our experience of trying te address problems in this manner, it appears that our recommendations are gathering dust in "file 13." After studying complaints and talking with would-be complainants who are toe intimidated to challenge the police and are afraid the CPRB is toe weak to protect them from police retribution, the chair and vice-chair have found that, yes, racially biased and class biased policing (profiling) does exist in Santa Cruz. After reviewing the claims against the city related to police mistreatment we have found that Santa Cruz can not afford to not have vigorous citizen oversight. To African-Americans, Latinos, the poor and teens citizen oversight of the police is an essential public safety function. If money is being wasted en the CPRB it is because the city gave it no power to seriously address police abuse. It was crafted to be a "rubber stamp" on the police-biased findings of the chief. The City Hanager, City Council and the Chief of Police have failed repeatedly te consider recor~mendations from the board. They have, more often than not, not even responded to our requests. Hew can the council honestly claim that they can save up to $120,000 a year when the beard only has an annual budget of $83,000? As Council Member Hike Rotkin is quoted as saying in a recent Hetro Santa Cruz story, "no amount ef playing funny games with money" by claiming that the excess $37,000 is from incidental and overhead costs, will help the council's credibility on this matter. The councils much favored "auditor" model requires the hiring of a qualified professional, working full time with staff assistance. I submit, after much study and consultation with professionals in the field of oversight, that it is impossible to attain an effective auditor system for less than the CPRB's current meager budget. Berkeley has twice the population of Santa Cruz, less than twice the police officers and mere than three times the budget for police oversight. If there is indeed a budget crisis, (never a budget crisis for police, jails and military} maybe the city can scrape some change off of the $15,000,000 per year police budget. Are abandoned vehicles such a big problem in the city that the $114,000 allotted to the cops for "vehicle abatement" can be considered one of these essential public safety programs that cannot be cut or reduced? Hew about the nearly eno million dollar "community relations" pertlon of the police budget? Is all of that essential too? As I asked Chief Belcher, if you say you are committed te buying a new police car and the price for one is thirty thousand dollars, are you really serious about 2 getting one if you will only offer $750 to the dealer? Last year city employees complained to the SCPD that one of their officers drew a loaded weapon on a pair of 12-year olds at the Teen Center. The police told them that nothing improper had occurred. The two kids were black and Latino and "resembled gang members." Santa Cruz needs police oversight. People on the CPRB have become experts on it. If the city is going to disband its Citizen's Police Review Board, have something effective be there in its place. Let the board members who have been working (volunteering) at least 20 to 40 hours a week in addition to their regular jobs for the past year studying citizen police oversight models give the advice and direction to the city they were appointed to give. At least give them the courtesy and respect of consulting with them, returning their phone calls or even letting them know that they are being disbanded before they are informed by TV news reporters with cameras rolling. Mark Halfmoon, Chair CPRB In Exile Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 6:09 AM To: update@nacole,org Subject: IN^COLE Update] Honolulu HI - Fewer police officers disciplined last year Posted on: Monday, January 27, 2003 Fewer police officers disciplined last year By Scott Ishikawa Advertiser Staff Writer The number of Honolulu police officers suspended or fired for misconduct declined 29 percent last year, according to county police reports submitted to the Legislature. That continued a trend of fewer disciplinary actions within the Honolulu Police Department. Forty officers were disciplined (for 46 incidents) in 2002, compared to 56 officers in 2001 and 63 in 2000. HPD firings also fell, from six in 2001 to three last year. Eight officers were fired statewide. The statistics are contained in reports submitted to the Legislature by the four county police departments. They've been required to do so since lawmakers passed a 1995 law stemming from a challenge by a University of Hawai'i student journalism group for more openness in police disciplinary records. The statistics reflect departmental disciplinary actions and may not include more serious charges handled by the courts, such as drunken driving, theft or domestic abuse. The 40 disciplined Honolulu police officers in 2002 represent about 2 percent of the force of about 2,000 officers. Only one officer last year was disciplined for one of the four major areas of misconduct: malicious use of physical force; mistreatment of prisoners; use/possession of drugs and narcotics; and cowardice. That HPD officer was given a 30-day suspension without pay for testing positive on a drug test. Meanwhile three Honolulu police officers were fired for other actions, including getting into a scuffle with their "significant other's estranged spouse"; making a false report; and failing to properly classify a case, arrest the suspect and obtain written statements. In his report to the Legislature, HPD Chief Lee Donohue explained that an officer with a past disciplinary record would likely receive a stiffer penalty than one whose record had been spotless. Seven of the 46 HPD incidents involved abuses of special duty, in which officers can earn extra money by working in uniform for private companies to handle traffic control at construction sites and security at major events. In one case, an officer received a five-day suspension for calling in sick while working a special-duty assignment. Examples of incidents in other counties that drew disciplinary action last year included: Hawai'i County: A Big Island police officer was fired for working as a mechanic while on sick leave with the police department. Another officer was terminated for lying under oath. Another Hawai'i County officer was suspended for four days for not arresting a suspect in a domestic-abuse case and for being partial toward the suspect. That officer also failed to submit a report in a timely manner. Maui County: Two officers were fired under the explanation "commission of a criminal ! act." No details were in the report. Another got a three-day suspension for drawing his or her firearm "with no legitimate reason." Kaua'i County: An officer was suspended 20 days for sexual harassment. Another received a 10-day suspension for failing to take action to aid a police officer. Reach Scott Ishikawa at sishikawa@honoluluadvertiser.com or at 535-8110. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 6:32 AM To: update@nacole.org Subject: [NACOLE Update] Louisville KY - Confidential Informants Testify In Police Corruption Trial Confidential Informants Testify In Police Corruption Trial By Dina Kaplan (LOUISVILLE, January 27th, 2003, 6 p.m.) -- One of the largest police misconduct trials in Jefferson County's history continued Monday with a glimpse into the world of police informants. On Friday, one of the two former narcotics officers on trial struck a deal and pleaded guilty to nearly 300 felony counts. Now the focus is on his ex-partner, Christie Richardson. A string of police informants took the stand Monday, telling jurors that Watson and Richardson would use information from them for drug busts, agree to pay them, and then pocket the money instead. Prosecutors hoped to convince jurors that Watson and Richardson acted together in falsifying warrants and pocketing money earmarked for drug informants. "About three years ago I was arrested on a narcotics charge by Mark and Christie," he said. He went on to say that he agreed to give the two information about drug dealers in order to save himself. "It was offered to me that if I could help them out, it would help in my charges." He also read from a handwritten note he said was from the two he said was attached to his arrest citation: "Here is a copy of your citation. Show up and plead not guilty and we will work something out." His case was dismissed, and he testified that he never received any payments from Watson or Richardson. In many cases, however, informants are paid, and prosecutors say Watson and Richardson received money to give to informants but never gave it to them. In his testimony, the informant said that Watson even asked him to lie and say he did receive money. "Mark came up to me and asked me to do him a favor. He said he needed somebody to cover for him on something, and he didn't really get into it or offer any information, but he said he just needed someone to say that he paid them for information." Watson could be called to testify against Richardson as soon as Tuesday. If convicted, she could face 70 years. Watson's plea agreement last week means he will receive a 20-year sentence, and could be eligible for parole after serving four years. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 6:45 AM To: update@nacole.org Subject: [NACOLE Update] Fort Valley GA - Fort Valley man gets $78K in police shooting Posted on Tue, Jan. 28, 2003 Fort Valley man gets $78,000 settlement in police shooting By Anika Rodgers Telegraph Staff Writer FORT VALLEY - A man who was shot by a former Fort Valley police officer has received a $78,000 settlement from the police department's insurance company. Murdock Claims Management Corp., insurance carriers for the Fort Valley Police Department, will pay the money to Jonathan David Payton of Fort Valley, who sued a former officer and the police department for misconduct. The settlement, reached Jan. 21, was for $68,000, plus about $10,000 for Payton's medical claims. Also, all court costs and attorney fees will be paid by the Murdock Claims Management Corp. "The settlement amount is not as much as we would like it to have been, but it turned out for the best and I can live with that," said Payton's attorney, Ellis Nelson of Nelson and Smith in Macon. The suit, filed in Peach County Superior Court in October 1999, alleged that former Fort Valley police officer Wayne Mitchell used excessive force when he shot Payton during a traffic stop outside the Fort Valley city limits. According to court documents, at about 5:30 a.m. Aug. 13, 1999, Mitchell stopped Payton on Ga. 49, in Peach County. Mitchell allegedly told Payton and his wife, Amanda Payton, to get out of the car and put their hands on the back of the car. According to the lawsuit, the vehicle was stopped in response to a 911 dispatch from the Fort Valley Police Department saying that Payton was in the vicinity and was possibly under the influence of intoxicants and needed to be stopped. Nelson said it was during the stop that Mitchell shot Payton through the window of his vehicle, hitting him in his left arm. "I don't believe it was necessary for (Mitchell) to shoot my client. (Payton) overreacted when he became scared, but that was not a reason for such violent force by the officer," Nelson said. Murdock Claim management attorney Michael Goldman was unavailable for comment Monday. Nelson said the case was settled because the law in the area of excessive force was going to be difficult to prove. He said Payton would have had to prove Mitchell, who has since left the department, showed malice toward Payton. Two Fort Valley City Council members said Monday they were unaware that a settlement had been reached in the case. Councilman Norman Fitzgerald said the council hadn't been updated on the case since it was filed in court. Martha Harris, city administrator, said the City Council did not have to vote on the settlement because the entire situation was handled by the attorneys for the insurance company. Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 6:59 AM To: update@nacole.org Subject: [NACOLE Update] St Louis MI - Westfall, County police skirt civilian review Westfall, County police skirt civilian review By: Ishmael-Lateef Ahmad, St. Louis American Senior Writer January 16, 2003 CLAYTON - St. Louis County Executive Buzz Westfall, and his police department, do not see the need for increased civilian review of police in St. Louis County. Westfall said a critical incident review committee, comprised of 10 blacks and 10 whites, and was formed to look into the 2000 Jack in the Box and Annette Green incidents. Except for some problems in police procedures, the committee did not recommend permanent oversight. At least one community leader, active in protesting the police shooting incidents of unarmed people, is highly critical of the county's police investigation into the two deadly incidents. James Buford, president and CEO of the Urban League of Metropolitan St. Louis, called the decision to skirt civilian review -- after a nearly two-year investigation -- "a sham and a smoke-screen to quiet people down." And, "we have gained absolutely nothing." In contrast, Westfall said he thinks the critical incident committee did a "sufficient" job and had their results, along with suggested police procedures, reviewed by county police. "It is up to the police department to answer the police questions," Westfall said. "I don't have the courage to go into a dark house and execute a search warrant, police officer's do." The 20-member critical incident committee is a standing committee, Westfall said. "Right now their task is finished. Either the Council or I could ask them to review another incident without going through the whole selection process," Westfall said. That, along with the police board and the grand jury, are enough, he added. "We already have a civilian review board, the police board, of five citizens - three white men, one black man and one woman. I think what's in place for now is sufficient," Westfall said. And for those matters that have criminal implications, Westfall said there is the grand jury, "12 citizens, a cross section of the community and picked by a judge, not a prosecutor," Westfall said, firm in his position of less is better. County Councilman Hurt S. Odenwald, R-5th District said he supports formal discussion about authorizing a permanent civilian review board. "There are some real positives for having a board in place that did some of the things the temporary board did," Odenwald said. The intent of a permanent civilian review board would not be to "second-guess" nor to analyze every policy on police action, Odenwald added. But rather to be in a position to take a look at situations that may warrant it, such as the reasons that prompted Councilmen to create the ad hoc committee for closer review. So far, only informal discussions by the County Council have been held and the majority of the Council seems to be siding with police and Westfall. ! "(Civilian review) has not been before the Council for full discussion," Odenwald said. "The County Executive must send over a bill before we can formally discuss it. The Council has no authority to create a permanent (civilian review board)." Westfall disagrees. "They can send a bill to me and I can sign it or not," Westfall said. And while he has his opinion, Westfall said if a better way can be proven, "my mind is not closed." Odenwald was not alone in his support for civilian review. Giving lukewarm support was John P. King, chairman of the review committee. While his committee did not endorse a permanent review board, in his verbal report to the County Council, he said he would be willing to serve if one were created. The ad hoc committee was formed to review two police shootings, the 2000 shooting deaths of an unarmed Annette Green, of Wellston, during a drug raid on her home and also in 2000, a drug sting in Berkeley that left two unarmed men dead outside a Jack in the Box restaurant. Activist John Chasnoff, of the Coalition Against Police Crimes and Repression, attended several of the ad hoc meetings. Last summer, he appeared optimistic and "very heartened" to hear Odenwald say back then that a permanent panel or committee might be needed. Still, news of the rejection of a civilian review body did not come as a surprise. He knew others opposed it. Now, without Westfall's support, the plan appears stalled. "I think it was a foregone conclusion that the county wasn't going to do anything," Chasnoff said. "They tend to shut down any kind of criticism." For one thing, the county's approach to the issue of civilian review "lacked a process" in reaching their decision, Chasnoff said. "It's really a knee jerk reaction." Chasnoff said the county ignored the successes in other cities with civilian oversight. "We look forward to working with the county to show them why so many cities around the country turned to civilian oversight boards to increase police accountability," Chasnoff said. Zaki Baruti, a co-chair of CAPCR, said he was appalled as a St. Louis County resident that Westfall had rejected the idea of a civilian review board. "Black people are being brutalized and murdered in the metro area," Baruti said. "To not recognize and deal with this problem is not just insensitive, it is irresponsible. Police brutality is real, so accountability of the police must become a reality." Members of the police board, "they begin with a civilian perspective but often times, during the course of their tenure they tend to adopt the police point-of-view," Chasnoff said. "It might be on paper they serve that function, in actual fact ... they are not reviewing civilian complaints." His group asked for the number of civilian complaints the police board had reviewed and found that over the "past several years ... civilian complaints have been zero .." In the region, St. Louis may be the first to create a civilian review or oversight board designed to help monitor police activity, and identify excessive civilian accusers. "We hope to pass a good one in the city and hope the county takes a good long look and reconsider," Chasnoff said. In St. Louis, the writers of Board Bill 16 considered weaknesses in other civilian review boards in other cities, such as Minneapolis, Minn., and was drafted to avoid those failures, Chasnoff said. Some failures would be solved with elected members, subpoena powers and a standard of proof based on a preponderance of evidence, he explained. Also, a self-auditing system should be in place. "Ail these are part of Board Bill 16," he said. "The Coalition Against Police Crimes and Repression should be equal partners," Chasnoff 2 said. "We bring years of research on the subject and represent the cormmunity most affected by police misconduct. The bill is the result of years of research on police oversight boards, many of which came out of community struggles in the late 1960s and early 1970s. "The Coalition has members who have worked on the issue of police abuse for decades, both locally and nationally," Chasnoff said. "This is the closest St. Louis has ever come to seeing such a board materialize because of the state's governance over urban police departments in Kansas City and St. Louis. This may be the basis for the apparent national interest in St. Louis' efforts, which include a mediator from the U.S. Justice Department." Jamala Rogers, also a co-chair of CAPCR, said their goal is not to have a civilian oversight panel that is a rubber stamp of the St. Louis Police's internal affairs department. "If we don't create a board and a process that citizens trust and get some justice, then we might as well keep what we have - and that's nothing," Rogers said. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 9:11 AM To: update@nacole.org Subject: [NACOLE Update] DuPage County III - Cameras open schools to police This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCKG7; Tue, 28 Jan 2003 12:15:20 -0600 Received: through eSafe SMTP Relay 1043711739; Tue Jan 28 12:17:29 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18daEK-0003Qy-00; Tue, 28 Jan 2003 12:13:04 -0600 Received: from falcon.mail.pas.earthlink.net ([207.217.120.74]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18da67-000351-00 for update@nacole.org; Tue, 28 Jan 2003 12:04:57 -0600 Received: from huey.psp.pas.earthlink.net ([207.217.78.220]) by falcon.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18da89-000004-00 for update@nacole.org; Tue, 28 Jan 2003 10:06:41 -0800 Received: from [207.217.78.204] by EarthlinkWAM via HTTP; Tue Jan 28 1 0:06:40 PST 2003 Hessage-ID: <7493874.1043777200934.JavaMail.nobody@huey.psp.pas.earthl ink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] DuPage County Ill - Cameras open schools to p olice Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 28 Jan 2003 10:10:49 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Cameras open schools to police By Diana Wallace Daily Herald Staff Writer Posted on January 28, 2003=20 Eric Harris and Dylan Klebold had shot their victims and were turning the= ir weapons on themselves when the first police SWAT team entered Colum bin= e High School on April 20, 1999. That delay - 45 minutes from when the first 911 call came in - was con sid= ered a life-or-death blunder by critics of the police department's hah ng of the Colorado school shooting. In DuPage County, the sheriff's department and Glenbard South High Sch ool= near Glen Ellyn are joining forces - and technologies - to make sure h is better prepared to handle such an emergency inside the school. The sheriff has received a $75,000 federal grant to improve security a tG= lenbard South. With the money, the school will add 32 security cameras t now has 16. More important, law enforcement officials will have the ability during an= emergency to patch into school's security system and view the scene f rom= the sheriff's mobile command van. "With this technology, we'll be able to see exactly where the action i where to go and how to get there," said Tom Janaes, the sheriff's chie fo- f administration. At the same time, the sheriff's department is working to speed its res pon= Page 2 message.txt se by training its deputies on rapid deployment techniques. Under rapid deployment, the first four to six patrol officers arriving at= the scene of a shooting could enter the building as a group, rather t hah- waiting for a SWAT team to assemble. Though this could put officers at more risk, "you've got to look at th e r= isk to the officers versus the risk to the public," Janaes said. In these scenarios, Janaes said the goal is not so much to kill the pe rpe= trator as to protect and evacuate the public. Some deputies will undergo a rapid deployment training simulation Frid ay. Nicholas Shargo, chief of the sheriff's law enforcement bureau, said b otb= the enhanced security system and the rapid deployment training are in di= rect response to what happened at Columbine. "After Columbine, this is the current philosophy," Shargo said. Glenbard South, ironically, first installed its cameras a few months b efo= re the Columbine shooting. That was done primarily in response to a co upl= e of minor break-ins and vandalism, Assistant Principal Jim Cuny said. "I think Columbine was more of a wake-up call for us to do more proble m-s-- olving and ask more what-if questions," Cuny said. "When we came up wi th = blank answers, we said, 'Now what do we do?'-C3=A6" The answers included creation of new plans for evacuating and keeping tra- ck of students either on school grounds or, if warranted, off school p rop= erty.. Last year, the school also upgraded to digital security cameras, which ma= ke it significantly easier and faster to review a particular moment in Page 3 message.txt ti- me. Janaes said privacy is of utmost concern and cameras will not be used by = police to monitor routine school activity. As an extra precaution against abuse, Cuny said the cameras have a tra cki= ng mechanism so there's a record of who has patched into the system. "It's like the defibrillators. It's something we hope we never have to us= e," Cuny said. Cameras: Glenbard South also uses digital cameras=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlinknet] Sent: Tuesday, January 28, 2003 9:26 AM To: update@nacole.org Subject: [NACOLE Update] Louisville University - son of shooting victim speaks Graham speaks to campus Son of Louisville police shooting victim James Taylor addresses students, faculty at SAB forum; protests continue at LPD headquarters January 28, 2003 U of L's SAB, NAACP and the Progressive Student League hosted a forum titled "The Execution of Justice" on Tuesday, January 21, at the Red Barn. This event, which came in the wake of the fatal police shooting of James Taylor, was a dialogue on the relations between Louisville police and the African American conununity. Acting Assistant Vice President for Student Life A1 Herring was the moderator for the event, which included representatives from the American Civil Liberties Union, a Cincinnati-based activist group called Concerned Citizens for Justice, and the University of Louisville. The keynote speaker was James Taylor's son, James Graham. Each panelist spoke for a few minutes before the floor was opened to questions from the audience. Assistant Dean of Arts and Sciences and Pan African Studies department chair Blaine Hudson spoke on the origins of the police force and the history of the police force in Louisville. The police came from a group of people called "The Watch," who were responsible for watching out for runaway slaves and later became a means to keep African Americans in line in the post-Civil War era. "The need to change the structure and the culture of the police department and the justice system in our co~nunity is still one that is still extremely pressing," Hudson said. Jeff Vessels ef the ACLU spoke for a few minutes en the fight that various activist groups were in locally to get a civilian police review board to hold Louisville police officers accountable for their actions. The proposal was passed by the Board of Aldermen, only to be vetoed by former mayor Dave Armstrong. The Board of Aldermen overturned his rejection to be sued by the Fraternal Order of Police. Now that the government has been merged, the proposal is a moot point and the fight must begin again, with new Hetro mayor Jerry Abramsen against a civilian review board. Victoria Straughn of Concerned Citizens for Justice opened her remarks with the familiar call, "No justice, no peace. Why is that a call that we automatically know the words to? Because we have heard it too many times. I think the question before us now is: what are we going te do?" Straughn spoke about the similarity between what happened in Cincinnati and what is now happening in Louisville. The government in Cincinnati would not deal with the police brutality that had killed 17 black males, and the people of the community would not take it anymore. The unrest that went on in Cincinnati in 2001 was well-documented by local and national media outlets. Her remarks were a call to action, not necessarily to imitate what happened in Cincinnati, but to do what is necessary to let the government know that they are not doing their job. She also discussed the importance of getting the truth in situations such as Taylor's shooting. The audience was held captive by the eloquent son ef the murdered James Taylor, James Graham, who stood te tell a very personal story; the true story of his father's last minutes, hew the officer shot Taylor four times, stepped, and shot again. Eleven shots were fired, with seven striking Taylor. The media pointed to the fact that Taylor had a drug habit and intimated that he was high and had superhuman strength, even though his hands were handcuffed behind his back. "We can't trust people to change this government unless we change it from within," Graham ! said."But they fool you. They have you believing that you are nobody, you are nothing." Graham took a seat to a standing ovation. Even on a night where a senate meeting was being held, 104 people attended and stayed through to the end. The forum was opened up for questions from the audience; most people had only praise for Graham and his courage to tell his story. Activist Louis Coleman was in attendance, telling people of the twenty protests that he has been arranging since the December 5 shooting. "In two and a half years, six unarmed individuals have been killed by the LPD," Coleman said. "Something needs to be done." Ail the panelists, as well as Herring and Coleman, stressed that change requires workers, and there was a plea for collaborative work both on and off campus. "History has shown that revolutions begin on college campuses," said Straughn. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Pittinger, Beth [Beth. Pittinger@city.pittsburgh.pa.us] Sent: Tuesday, January 28, 2003 10:11 AM To: 'NACOLE Update' Subject: [NACOLE Update] 12 yr old's Shooting determined "Reasonable" (Pittsburgh area) Coroner's jury rules police shooting of 12-year-old boy 'justified' Trooper "acted in a reasonable manner" Tuesday, January 28, 2003 By Jonathan D. Silver and Cindi Lash, Pest-Gazette Staff Writers After deliberating 55 minutes, a Fayette County coroner's jury last night decided unanimously that a Pennsylvania state trooper was justified in drawing his weapon and fatally shooting a 12-year-old boy who was fleeing from a stolen vehicle. The six-member jury, in an advisory finding, said Trooper Samuel Nassan and his partner, Juan Curry, "acted in a reasonable manner based on their training and Pennsylvania state law" in the Christmas Eve confrontation that left Michael Ellerbe of Uniontown dead. Jurors heard the troopers' first public accounting of the incident, including Nassan's assertion that he shot Ellerbe after thinking -- erroneously -- that Ellerbe had shot his partner. The jury's finding will be forwarded to Fayette County District Attorney Nancy Vernon, who will make the final decision whether to prosecute the officers. The jury's decision and the conduct of the day-10ng coroner's inquest that preceded it angered the Ellerbe family's attorney, Joel Sansene. He complained repeatedly about actions by Fayette County Coroner Dr. Phillip E. Reilly. "What a joke," Sansene said outside the courtroom as the jury prepared te deliver its decision. "When you only hear one side of the story -- and it's the touchy-feely version we heard in there -- you don't expect anything else." Vernon, who sat through all of ! yesterday's proceedings, said she would make her decision "shortly," after reviewing police reports compiled after the shooting. Curry and Nassan refused comment but received hugs from fellow troopers and other supporters who sat behind them in the courtroom. The two took the stand yesterday afternoon, opting not to invoke their Fifth Amendment right against self-incrimination. Nassan said he ran, gun drawn, down a residential Uniontown street at about 2:30 p.m. on Christmas Eve, chasing a figure in baggy jeans and a bulky, hooded flannel shirt. The figure, who had just jumped out of a stolen SUV, ran with an odd gait, his body swiveled sideways, and he mysteriously kept one hand in his pocket, Nassan recalled. Nassan said he took the suspect for an older teenager. Instead, it was Ellerbe, 12 years old, 5-feet-2, 110 pounds. The trooper said he pulled the trigger after he saw Curry, his partner, fall over a fence. "Juan hit the fence. I heard a gunshot go off. Juan fell over the other side of the fence. I raised my service pistol and shot [Ellerbe]," Nassan testified to a hushed courtroom. "Why did you do that?" asked Nassan's attorney, Robert Donahoe. "His face was pale white," Nassan said, in a remark that drew snickers from some in the audience because Curry is African-~erican. "His eyes were bigger than I had ever seen them. I knew he was shot." Minutes earlier, Curry had told the jury and a packed courtroom that as he followed Ellerbe over a 4-foot-high chain-link fence, his pants snagged and his gun went off accidentally. He said his pistol was in his hand as he tried to vault the fence and he thought a piece of stiff wire from the top section of the fence pulled the trigger. "I believe it was the serration of the fence," said Curry, an eight-year veteran. "My finger was outside the trigger guard. I didn't pull the trigger." A combative Sansone accused Reilly of leading some witnesses to testify in favor of the troopers. Sansone also criticized Reilly for not personally 2 questioning some witnesses and not subpoenaing others and objected to having an all-white jury. Sansone accused the coroner of "aiding and abetting a state police cover-up" that prevented jurors from hearing all pertinent witnesses and information in the case. Sansone refused to make a closing statement to the jury, calling the day's proceedings "a joke" and accusing Reilly and state police of skewing or withholding evidence. He refused to cross-examine the troopers and said it was ludicrous to believe a 12-year-old boy could outrun two grown men. Sansone and Geoffrey Fieger, a Michigan trial attorney also representing Ellerbe's family, have suggested that Ellerbe, who was black, would not have been shot had he been white. Nassan is white. At night's end, Sansone challenged Reilly to send jurors home without requiring them to deliberate or issue an opinion, accusing the coroner of "aiding and abetting a state police cover-up" that prevented jurors from hearing all pertinent witnesses and information in the case. Sansone refused to make a closing statement to the jury, calling the day's proceedings "a joke" and accusing Reilly and state police of skewing or withholding evidence. Nassan and Curry were about to end their shift when a call came in around 2 p.m. for a fight at Uniontown Mall. Three cars were dispatched. Nassan, who had been working in an unmarked vehicle that day, decided to hitch a ride with a marked unit to make it easier for him to cut through traffic. "It just happened to be the first trooper that came around wes Juan," Nassan said. The two set off for the mall, with Curry driving. By the time they got there, the the situation had been resolved. Then came another call, this one for a stolen Ford Bronco. The three state police cars split up. Curry was driving up Cleveland Avenue, on the way to Lemonwood Acres, a public housing development that is well-known as a dumping ground for stolen cars, when they almost collided with the Bronco, which was about to make a left turn from an alley right into them. Both vehicles stopped, Nassan said. He hopped out and drew his gun. "I did not see the hands of the suspect in the vehicle," Nassan testified. "He made eye contact with me. We looked at each other." Nassan shouted orders but said the driver -- the vehicle's only occupant -- ignored him. Instead, he moved his hand up and down as if trying to shift gears. Suddenly, Nassan said, the SUV shot backward down the narrow alley. Tires screeched. The wheels en the driver's side popped up on a low retaining wall. The vehicle scraped along a house, throwing chunks of siding forward. As it sped back, the SUV smashed into a bush, knocked down a street sign and finally rolled over a backyard fence before it came to rest. Curry brought the police car forward, stopping it so the two vehicles were hood to hood. Nassan said he jumped out and again drew his weapon, shouting orders. He testified that he was within two steps ef safely resolving the situation, but for the fact that Ellerbe had his right hand in his pocket. "If I could have just seen his hands, I would have taken those two steps and grabbed him right out of that vehicle," Nassan said. But he didn't, and Nassan and Curry began running after Ellerbe, as the boy led the officers through an alley, around the corner to Edgement Drive, across Cleveland Avenue, down a driveway and, finally, over the last fence Ellerbe ever climbed. The shooting has led to allegations of a police cover-up and sparked a federal civil rights investigation. "It wasn't fair. It wasn't impartial," Clinton Anderson, president ef the Fayette County chapter of the NAACP, said of yesterday's hearing. "We're going te talk with the family, the attorneys, and confer with our national association for their input en what to do next." Jonathan D. Silver can be reached at jsilver@post-gazette.com or 412-263-1962. Cindi Lash can be reached at clash@post-gazette.com or 412-263-1973. Update mailing list Update@nacole.org 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink,net] Sent: Tuesday, January 28, 2003 10:49 AM To: update@nacole,org Subject: [NACOLE Update] NYTimes Analysis on NYPD-Jogger Report This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCKWg; Tue, 28 Jan 2003 13:46:09 -0600 Received: through eSafe SMTP Relay 1043711739; Tue Jan 28 13:48:19 200 3 Received: from localhost ([127.0.0.1] helo-gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dbeP-0007hh-00; Tue, 28 Jan 2003 13:44:05 -0600 Received: from falcon.mail.pas.earthlink.net ([207.217.120.74]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dbcv-0007eD-00 for update@nacole.org; Tue, 28 Jan 2003 13:42:33 -0600 Received: from statler.psp.pas.earthlink.net ([207.217.78.21]) by falcon.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dbeZ-0000RP-00 for update@nacole.org; Tue, 28 Jan 2003 11:44:15 -0800 Received: from [207.217.78.203] by EarthlinkWAM via HTTP; Tue Jan 28 1 1:44:14 PST 2003 Message-ID: <1829265.1043783054906.JavaMail.nobody@statler.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] NYTimes Analysis on NYPD-Jogger Report Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 28 Jan 2003 11:48:31 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.org Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org NACOLE List: The full text of the report can be found on the NYPD site: http://www.nyc.gov/html/nypd/pdf/dcpi/JoggerReportfinal.pdf=20 -kelvyn January 28, 2003 New Slant on Jogger Case Lacks Official Certainty By JIM DWYER =20 early 14 years after a jogger was raped in Central Park, police offici als yesterday proposed a new version of the events =E2=80 94 a still-trou bli- ng but diluted narrative of the infamous crime spree offered to the wo rld- in 1989.=20 It was the fourth official, or semiofficial, version of the gang attac ko= n the jogger. With each telling, the account becomes more remote from the= graphic, videotaped confessions that once fell in nauseating detail u pon the city. The first version of events, based on the videotaped confessions, was rel= eased within three days of the attack and quickly became notorious aro und= the world, but never made it into court; the boys' confessions turned ou= t to be wrong about when, where and how the rape took place. A year la ter= during the trials, the lead prosecutor offered a new account, dismis sin= g what were by then plainly wrong details in the confessions but argui ng= that the statements still proved that the teenagers had gang-raped the jo; Page 2 message.txt gger.=20 Last month, though, a report from Manhattan prosecutors =E2=80=94 the thi= rd version =E2 80=94 implicitly exonerated the teenagers, saying that the- combination of flaws in the confessions and evidence that another man ha- d raped the jogger required that the convictions be overturned. The first three versions were used to answer the basic question: Did t he = teenagers accused of the crime actually gang-rape the woman and nearly be= at her to death? Now, in the fourth and latest account, it is the acti ons- of detectives that were primarily at issue. In the process of clearin g t= hem of any wrongdoing, a special police panel argued that the teenager s w ere justifiably accused of taking part in the attack. The panel, appointed by Police Commissioner Raymond W. Kelly, presente d i= ts findings yesterday but at times seemed to step back from them, sayi ng that it believed the five teenagers were involved but could not say so wi= th the certainty that they were not completely innocent.=20 Doubts over the case swelled last year after a convicted murder and se ria= 1 rapist, Matias Reyes, stepped forward to say that he was the only pe rso~ n involved in the attack on the jogger. DNA evidence later proved his inv= olvement, and new tests were unable to prove any links between the fiv ey= oung men originally accused.=20 One of the private lawyers appointed to the panel, Michael Armstrong, sai d yesterday that trying to reach the bottom of the case had been diffi cul t. "The obvious currents are that you have people who feel strongly th at = these kids have been wronged, and on the other hand, you have police w ho - Page 3 message.txt have an institutional feeling of protection for their comrades who the yt= hink did a good job," Mr. Armstrong said. Commissioner Kelly appointed the panel to explore whether the police p roc= edures had been proper. Since all the defendants had been convicted on th= e basis of confessions, the legitimacy of those admissions became a ce htr- al focus of the inquiry, Mr. Armstrong said. The confessions were weak ,i= naccurate on many points, and two juries struggled for 10 and 11 days bef= ore finding the 5 defendants guilty. "This case was never a slam dunk, e said. What Mr. Armstrong and the rest of the panel now say occurred is a fai nt = version of the crimes described in the confessions: they suggest that the teenagers waylaid the woman, conducted an assault with "sexual overto "that did not amount to the rapes described in those original confess ion= s, and then ran off.=20 In the panel's telling, none of the boys was involved in the beatings tha- t nearly killed the woman, even though several of them described the a ults in their confessions. According to the panel, the teenagers eithe fl= eft the woman before she was assaulted by Mr. Reyes, the one person co cted to the crime through physical evidence, or he joined them near th nd of their attack.=20 The new account is speculative, officials acknowledge, and amounts to onglomeration of the old confessions and the new evidence from Mr. Rey The panel attacked Mr. Reyes's credibility at length but did not subj ect- the original confessions to similar scrutiny.=20 Page 4 message.txt The panel's report veers from other factual records on several points, in one place misquotes evidence in the public transcript, and overlooks otb= er evidence that contradicts the panel's theory about how the crimes c oul d have taken place in the time allotted.=20 Stephen L. Hammerman, a member of the panel and the deputy police comm iss- ioner for legal matters, said the police had recently found a signific ant= new piece of evidence: a sheet of notes from an unrecorded interview wit= h Kharey Wise, one of the original five defendants. In the notes, Mr. Wis= e is quoted saying that a person named Rudy molested the jogger and to ok = her Walkman.=20 "Female had pouch for Walkman on her belt," the note said. Mr. Hammerman said this was important proof that the police had not fe da- story to the defendants, and that Mr. Wise was speaking from firsthan dk= nowledge. "We didn't know until now that one of the defendants mention ed = a Walkman in a pouch," Mr. Hammerman said. In fact, prosecutors have long said that the victim was not wearing a pou= ch, belt or the kind of Walkman that would be carried at the waist. Th e v= ictim had been wearing a radio headset that slipped over the head and did= not attach to anything else, according to a court filing by the distr ict= attorney. In addition, no one named Rudy was ever identified as taking part in a ny = of the crimes in the park. Mr. Hammerman did not return a phone call yesterday to discuss those a nd = other discrepancies. Mr. Wise =E2-80-94 whose lawyer said he had a vet bal= Page 5 message.txt I.Q.. of 62 and had had significant hearing loss since his youth =E2= 80 94 gave multiple interviews during the investigation. At times, Mr. Wise de= scribed a number of events that never took place, including an attack on = a police undercover van and multiple stabbings of the jogger. At the news conference, Mr. Hammerman suggested that efforts to make a ti= meline of the various crimes were futile. Even so, he speculated that the- attack on the jogger could have taken place sometime after 9:45 p.m., as= the police first theorized. At trial, prosecutors placed the attack a ha= if-hour earlier, based on the accounts of several witnesses, including a = friend of the jogger and a neighbor, who discussed her movements. Other testimony presents problems for the new theory: Two of the defen dan- ts were outside the park after 9:45, breaking light bulbs at a constru cti= on site. Copyright 2003 The New York Times Company I Permissions I Privacy Poli cy = 2O Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 6 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 11 :'16 AM To: update@nacole.org Subject: [NACOLE Update] Philadelphia PA - Federal judge orders promotion for whistleblower Note: This was a controversial case in which Timoney disciplined this officer for testifying in a federal case. -Kelvyn Court orders cop promoted to inspector 1/28/2003 U.S. District Judge Lowell Reed has ordered Philadelphia Police Capt. Jeanette Dooley promoted to inspector, with back pay retroactive to Jan. 9. Last year, Dooley agreed to accept $380,000 from the city in an out of court settlement of her claims that she was unlawfully disciplined by former Police Commissioner John Timoney and other high-ranking officers. Her offense, as Timoney saw it, was testifying on behalf of a fellow officer, under a court subpoena, as a defense witness at a federal criminal trial in 1998. The promotion to inspector was part of the same settlement, said one of Dooley's attorneys, Steven M. Coren. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 11:18 AM To: update@nacole.org Subject: [NACOLE Update] Philadelphia PA - Cops accused of bias in transgender case This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCK84; Tue, 28 Jan 2003 14:16:10 -0600 Received: through eSafe SMTP Relay 1043711739; Tue Jan 28 14:18:18 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dc7U-0000do-00; Tue, 28 Jan 2003 14:14:08 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18dc5m-0000Y5-00 for update@nacole.org; Tue, 28 Jan 2003 14:12:22 -0600 Received: from statler.psp.pas.earthlink.net ([207.217.78.21]) by albatross.prod.itd.earthlink.net with esmtp (Exim 3.33 #1) id 18dc7S-00071T-00 for update@nacole.org; Tue, 28 Jan 2003 12:14:06 -0800 Received: from [207.217.78.15] by EarthlinkWAM via HTTP; Tue Jan 28 12 :14:06 PST 2003 Message-ID: <2426004.1043784846552.JavaMail.nobody@statler.psp.pas.ear thlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset-646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Philadelphia PA - Cops accused of bias in tra nsgender case Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Tue, 28 Jan 2003 12:18:26 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.erg X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org -20 -20 Posted on Tue, Jan. 28, 2003 =20 Cops accused of bias in death of transgender CATHERINE LUCEY luceyc@phillynews, com EVERY WEEK Nizah Morris dressed in a leopard-print gown, painted on th ick- black eyeliner and lip-synched her favorite Eartha Kitt songs for a b full of people. She stood there, tall and statuesque, on the small stage in Bob and Ba rba ra's - a club on South Street near 15th, where light from the disco ba 11 flickered off the Pabst beer signs - and she belonged. Belonging was never easy for Morris, 47. She was a transgender person, me= aning that while technically a man, she dressed, acted and lived as a Still, she had built a life for herself, performing at the drag show, hel- ping her mother at a day-care center and practicing Buddhism. Ail that ended on a frosty night last month, when Morris was found dea d o= n a Center City street, her head smashed with such force that she fell in= to a coma and never awoke. In the nearly five weeks since she died, the mystery surrounding Morri death has deepened. And now, the Police Department finds itself accuse Page 2 message.txt do= f taking the investigation lightly, adding fresh strain to bad feeling sb= etween the police and members of Philadelphia's gay, lesbian, bisexual an= d transgender community. Worsening the controversy are the scant facts about Morris' death. The ci= ty medical examiner has declared her death a homicide. "She had a blunt wound to the head that shifted her brain," her mother ,R= oslyn Wilkins, said the medical examiner told her. The spokesman for t he - medical examiner's office would not release details of the autopsy. The police, however, aren't sure that it was a homicide. They say they Re- ed more tests of her brain tissue before they can be confident Morris did= not smash her head in an accidental fall. That fuels criticism from supporters of the transgendered community wh o s= ay cops are doing a shoddy investigation because they don't care about wh= at happens to transgendered people. "A lot of people in the transgendered community feel police don't resp ect- and understand them," said transgender community activist Kathy Padil la. Ben Singer, a transgender person and activist, said: "We don~t want th is to happen again. We're sick of it. We're concerned police may not have in= spected this thoroughly." But Police Homicide Capt. Charles Bloom defended the investigation. "Just because we haven't put it in the category of homicide doesn't me an = we're not investigating it," he said. The night she died, Morris had been at Key West, a bar on Juniper Stre et = Page 3 message.txt near Locust in the so-called "Gayborhood." Although she was usually no ta- heavy drinker, she overdid it that night. Early on Dec. 22, she colla pse= d on the street outside the bar. Passing police officers helped her up and offered to drive her to her bom= e in West Philadelphia, police said. She agreed, but after going a few bl- ocks she asked to be let out, they said. Cops let her out on Walnut Street near 15th, at about 3:25 a.m. About five minutes later, motorists passing by found her lying a block aw= ay in the street with a head injury. She died on Christmas Eve. Police Homicide Capt. Thomas Lippo said detectives continue to investi gat= e, but haven't found anyone who witnessed what happened to Morris. "We don't know what happened from the time she got out of the car and wal- ked a block," he said. Although born Robert Morris, she long ago became Nizah, said Morris' g rio= f-stricken mother and sister. She took female hormones, had breast imp lan= ts and wore female clothing, although she had not had surgery to alter he= r genitalia. She hated boys' toys even as a little kid, said her sister, Andrea Dhu nna= =2E Morris would reject G.I. Joes as Christmas presents. "It started when she was in the sixth grade," said her mother. "By the ti= me she was 21, she was taking female hormones." "She used to give us pointers on makeup and how to dress," said Dhunna Nizah was a name she gave herself, years ago. Page 4 message.txt Morris' mother and sister said they always loved her for who she was. "We get so into character that the birth name, we bury," said Jaci Ada a longtime friend who is also transgender. Another friend, Joyce Brandon, who also "used to be a transgender," kn Morris since the '80s, when she was making the transition to a female lif= e. "It was very hard then," Brandon said. After years of confusion and some hard partying, Morris "did calm down lot," Brandon said. In fact, in recent years, Morris seemed to have found peace. "At the time of her death," Adams said, "she had spun her life around and= done positive things with her life." She worked at her mother's day-care center, where she was popular with th= e parents and kids, her mother said. And she found solace in her relig ion= · Buddhism. Dhunna said she had been in Alcoholics Anonymous to control her drinki ng. She also loved performing in the weekly drag show at Bob and Barbara's Last year, she won the bar's beauty and talent pageant, making her the re= igning "Miss Bob and Barbara's." Her good looks - she was over six feet tall, with short dark hair and per= fect makeup were famed. "To be 47 and look the way she looked, she gave us inspiration to keep go- ing in the lifestyle," said fellow performer Tina Williams. Morris' friends at Bob and Barbara's did a tribute show for her last w Page 5 message.txt eek- , lip-syncing Judy Garland, Eartha Kitt and Patti LaBelle. Her mother, sister and other family members sat on one side. Tears pou red= down Wilkins' face as one singer performed the R&B song "Stranger in My = House." Wilkins said that her daughter had performed shows for her, at home, o nh= er birthday. Morris' family said they're confused by some details about her death. The= y said that Morris had been frightened of the police and that they did t believe she would have willingly gotten into the police car. They al could not understand why she would get out where she did, since she ii ved= miles away. Capt. Lippo said Morris' friends helped her into the car and reassured he- r, according to the officers there that night. He also noted that police have been working closely with Morris' famil ya= nd friends throughout the investigation. Members of the gay, lesbian, bisexual and transgender community said M orr- is may have been a homicide target because of her lifestyle. "It could happen to any one of us," said Williams. "It's so strange th at = she died in such a horrendous way." =C2=A9 2001 dailynews and wire service sources. Ail Rights Reserved. http://www.philly.com-20 Page 6 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 11:41 AM To: update@nacole,org Subject: [NACOLE Update] Seattle WA - Council bars cops from asking about immigration Seattle Bars Cops From I~nigration Query 1/28/2003 SEATTLE (AP) - The City Council has barred police and other city workers from asking about the immigration status of people they deal with. The ordinance, which was approved 9 to 0 Monday, makes two exceptions. One is for anyone police have "reasonable suspicion" to believe was once deported and has committed a felony. The other allows police to assist federal agents as required by law. Backers said it was the first local ordinance of its kind to be adopted since the terrorist attacks of Sept. 11, 2001. However, many cities have similar laws dating from before the terrorist attacks, said Robert Okin, deputy district director of the Immigration and Naturalization Service. "In this climate of secret detentions and special registration, it's clearly important to have a city council that takes a strong proactive stance," said Anita Sinha, a lawyer for the Northwest In~igrant Rights Project. No opposition was voiced at the council meeting, although some police have said it could restrict their ability to fight crime. Okin said the ordinance would have little effect on the INS. The measure strengthens local policies that date back more than a decade. Police Chief Gil Kerlikowske reminded officers last year that it's been against department policy since 1991 to stop people or check their identification solely to determine whether they are illegal immigrants. II~nigrant rights advocates say police sometimes violate that policy. 2003-01-28 17:35:04 GHT Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, January 28, 2003 12:27 PM To: update@nacole.org Subject: [NACOLE Update] Wheeling WVA - Veteran Cop under suspicion of misconduct A 20 year veteran of the Wheeling Police Department is under suspicion on allegations of sexual misconduct. from WTRF.cem...Taking the Lead. Frank O'Brien 1/28/03 A 20 year veteran ef the Wheeling Police Department is under suspicion on allegations of sexual misconduct. A warrant for the arrest of Wheeling Police officer Hike Harshall has been requested by the Harshall County prosecutor's office. H±ke Harshall is accused of sexual misconduct b} two girls under the age of 13. For mere than 20 years officer Hike Harshall has worked for the Wheeling Police Department. Now, he is a suspect in an alleged crime against two young girls. The Harshall County prosecutors office and the West Virginia State Police have been investigating Officer Harshall on allegations of sexual abuse against two girls under the age ef 13. Wheeling Police Chief Kevin Gessler says his department is not involved in the investigation of former officer Hike Harshall who recently resigned. The Chief also points out that everyone including police officers are innocent until proven guilty in a court of law. 7News has learned Hike Harshall has hired a private attorney to defend him on the allegations. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, January 28, 2003 12:49 PM To: update@nacole.org Subject: [NACOLE Update] Infections in Newly Released Inmates are Rising Concern [~The New York Times [] Sponsored by St;rbu~s I , January 28, 2003 Infections in Newly Released Inmates are Rising Concern By FOX BUTTERFIELD [] MOUNT PLEASANT, Mich., Jan. 27 -- Marva Johnson was thrilled when her longtime boyfriend, Randy Vallad, was paroled from prison in 1999. They went back to living together, and once when he had a bad cut on his head, she took care of him. She was splattered with his blood, but the couple did not think anything of it at the time. It was not until Mr. Vallad was sent back to prison in 2001 for a parole violation that he was accidentally shown his Michigan Department of Corrections medical records. They reported that Mr. Vallad had tested positive for hepatitis C, a blood-borne virus that can cause potentially fatal liver disease, when he was first admitted to prison years before. "They knew and didn't tell him," Ms. Johnson, 33, said today in this small city in central Michigan. "As a result, they also let him infect me." For the past 11 months she has been taking a powerful, enervating course of drugs for hepatitis C. Such cases are becoming increasingly common across the nation, as jails and prisons have become giant incubators for some of the worst infectious diseases. According to a study released today at a conference sponsored by the federal Centers for Disease Control and Prevention, at least 1.3 million inmates released from jail or prison in 1996 were infected with hepatitis C. That was 29 percent of the 4.5 million cases nationwide. Similarly, newly released inmates accounted for 35 percent of the 34,000 Americans with tuberculosis in 1996, the study found. And newly released inmates accounted for 13 to 17 percent of Americans infected with H.I.V. or AIDS, the study estimated. The problem has become so acute that health care officials and prisoner rights groups are calling for widespread testing of prison populations for hepatitis C and faster treatment of prisoners. "This is a public health problem that has been growing and growing, but we are reluctant to do anything about it because these are bad guys," said Dr. Robert Greifinger, a former chief medical officer for the New York 1/28/03 Page 2 of 3 State Department of Correctional Services and the author of the study, which was commissioned by Congress and prepared for the Justice Department. The Centers for Disease Control held a conference of prison medical officers in San Antonio devoted to the issue last weekend. During the conference, the centers said that public vaccination efforts to prevent hepatitis outbreaks should be extended to prisons. The centers also issued new guidelines urging states to test all prisoners with a history of intravenous drug use and other risky behavior for hepatitis C. Sharing needles and unprotected sex are common ways the virus is spread. The problem is not that large numbers of prisoners are contracting hepatitis C while incarcerated, experts say. Most were infected years before. The experts say the high rate of communicable diseases among inmates is a critical issue for two reasons: the danger inmates pose of infecting others when they are released, and the opportunity to treat them that is largely being wasted. Dr. Greifinger said that Americans tended to forget that most inmates eventually return home. In 2000, about nine million people were released from jail and prison, according to Allen J. Beck, of the Bureau of Justice Statistics, the statistical arm of the Justice Department. In a sign that the problem is getting more attention, the C.D.C. made public Dr. Greifinger's report today. It had been given to the Justice Department in March 2001, Dr. Greifinger said, but never before released to the public. In a separate action, the American Civil Liberties Union and two dozen other organizations interested in prison conditions issued a call today for a Congressional investigation into the state of medical care in jails and prisons. "Correctional systems have buried their heads in the sand because they don't want to know how many prisoners have hepatitis C," said Eric Balaban, a staff lawyer with the National Prison Project of the A.C.L.U. Russ Marlin, a spokesman for the Michigan Department of Corrections, said, "We are treating hepatitis C in accordance with federal guidelines." He said that Michigan did not do blood tests of all incoming inmates or all those who engage in risky behavior. "Our position is that indiscriminate testing is not useful," he said. In addition, it would cost $200 million to test and treat all suspected cases of hepatitis C among Michigan inmates, he said. Even more important, he said, is that the drug treatment -- a combination of interferon and ribarvin given over a 6 to 12 month period -- is very toxic. Mr. Marlin said he had no information on why Mr. Vallad was not told he had tested positive for hepatitis C and could not release it even if he did because of the confidentiality of prisoners' medical records. Mr. Vallad, was originally convicted for fleeing the police when he was stopped for driving with a suspended license. It was not the Iast of his problems. Today, the police raided the trailer where he lives with his sister and brother, looking for drugs. It was a bad tip from an informant, the police later said, and they found no drugs. But they detained Mr. Vallad anyway. Steven Croley, a lawyer for Mr. Vallad and Ms. Johnson, said Mr. Vallad had stumbled on the information that 1/28/03 Page 3 of 3 he had tested positive for hepatitis C when he asked to see some of his private medical records compiled by doctors while he was out of prison. At the time, in 2001, Mr. Vallad had just been sent back to prison because of a urine test that showed evidence of drug use, a violation of his parole. But the records he received accidentally included pages of his prison medical file reporting on a blood test he had been given during his first admission in 1998. At the bottom of one page was the notation "Hepatitis C -- Positive." "I said, wait a minute, what's this?" Mr. Vallad recalled. He called Ms. Johnson, who went for a test and discovered she was also infected. Mr. Vallad, now 42, was never offered any treatment inside prison for hepatitis C. His level of infection has steadily gone up and his health has deteriorated, Mr. Croley said. Mr. Croley said he will soon bring suits against the Michigan Department of Corrections on behalf of Mr. Vallad and Ms. Johnson. Copyr!§ht2003 The New York TimesCompany I Permissions [ Privacy PolicD' *** eSafe scanned this email for malicious content *** **~ IMPORTANT: Do riot open attachments from unrecognized senders *** 1/28/03 Marian Karr From: H ECTOR.W.SOTO@phila.gov Sent: Tuesday, January 28, 2003 2:13 PM To: update@nacole.org Subject: [NACOLE Update] Fingerprints Put To Test Philadelphia Inquirer Tue, Jan. 28, 2003 Fingerprints put to test Such evidence - used to convict, then free, a Delco man - is under increasing scrutiny. By Ralph Vigoda Inquirer Staff Writer Alvin Jones, stabbed multiple times, had been dead at least nine days when his body was found faceup on the floor of his Upper Darby apartment in late September 1997. Obscuring his head was a large box fan, the cord wrapped around Jones' neck. On the fan's metal casing were what investigators considered the criminal's signature: bloody fingerprints. The fingerprints and a palm print were identified by Upper Darby Sgt. Anthony Paparo - and confirmed by two other trial witnesses - as those of Jones' friend and sometimes-lover, Richard "Riky" Jackson. As Jackson strangled Jones with the cord, assistant Delaware County district attorney Michael Galantino told jurors, he placed his right hand on the fan for leverage. The jury was convinced. Jackson was convicted of first-degree murder and sentenced to life. There was a problem, though, with the scenario Galantino painted: The prints - as defense experts contended at the trial and as the FBI confirmed in post-trial examination - did not match Jackson's hands. In fact, they concluded, they were not even close. Jackson spent two years and two months in prison before he was released in December 1999 and charges were dropped. On Friday, he will be in federal court in Philadelphia, the plaintiff in a civil-rights suit against police. "My opinion of law enforcement, of course, is very tainted now," he said recently. ? Fingerprints have been used by investigators for nearly a century. But in the last few years, defense attorneys - buoyed by U.S. Supreme Court rulings that impose stricter standards for scientific and expert testimony - have begun challenging prints as more myth than science. Yet in 40 challenges before the court, fingerprints have been upheld every time - except one. Last January, U.S. District Judge Louis Pollack shocked the legal community when he forbade the use of a fingerprint expert's opinion in a murder trial in Philadelphia, saying there had not been adequate testing to determine the validity of fingerprint-comparison techniques. Two months later, he reversed himself, although he continued to maintain that fingerprint matching is not a science. ! Robert Epstein, a federal public defender in Philadelphia, has been in the forefront of the battle against fingerprints. "In fingerprint analysis, they typically take small, distorted fragments of fingerprints from crime scenes and compare them," Epstein said. "What needs to be tested is how reliable is it to take these small, distorted fragments. "Not only that, but there's no agreed-upon standards of what fingerprint examiners need to see to declare a match. So some examiners say the standards should be eight points of similarity; some say 12; some say 16; some say 30. Many say there shouldn't be any at all, that it should be left to the discretion of the examiner." Ivan Futtrel says that when examined properly, fingerprints are incontrovertible, an opinion borne from 37 years with the FBI; when he retired in 1997, he was the assistant unit chief of the Latent Fingerprint Section. Errors are inexcusable, he said, committed by those not learned enough in interpreting prints. "So many people at police departments have so many other duties, they don't really have a lot of training and experience," he said. "And what happens in a lot of cases is they get very involved with the case; they have eyewitnesses; a person looks good as a suspect. "A fingerprint examiner shouldn't care anything about the case. I don't care if a suspect has blood dripping from his hands. The ridges have to do all the talking." During Jackson's 1998 trial, his lawyer, Michael Malloy of Media, called two retired fingerprint experts to rebut the testimony of local detectives. "This wasn't a situation where the other side said there were six or eight matching points and my guys said they could only find two," Malloy said.. "My guys said they couldn't even find a starting point." The prosecution's findings, though, were reinforced at trial by fingerprint expert Joseph Creighton of Vermont, who was certified by the International Association of Identifiers, a group of forensic experts. After the trial, Malloy asked the association to look at the prints. A panel did, and was puzzled by Creighton's conclusions. When the association questioned him, he said he could have made a mistake. Malloy kept filing petitions and requesting hearings. District Attorney Patrick Meehan sent the prints for independent tests. No matches were found. They were shipped to the FBI. The result, again, was negative. Faced with the fact that the sole piece of concrete evidence used to convict Jackson looked like no evidence at all, Meehan - now the U.S. attorney in Philadelphia - began steps to get Jackson released. "It happened so fast," Jackson said, recounting his last few hours in prison. "A gentleman from the FBI came to get me. I was in the chapel. "I got to court. There was more talking over my head. I went back to prison, and when I walked to my block, I passed the TV just when the news came on. Somebody said, 'Doesn't your dad drive a red Cadillac with a black ragtop?' I said, 'Yeah. Why?' He said, 'Well, isn't that it?' That's when the guard came and said, 'Pack your stuff.'" ? Jackson originally contended that Paparo and two other Upper Darby officers, plus William Welsh of the county Criminal Investigation Division and fingerprint expert Creighton - both of whom supported Paparo's finding 2 at trial - conspired against him. He accused police of targeting him because he is a gay black man. U.S. District Judge Harvey Battle dismissed all but Paparo, reasoning Paparo's initial identification was the foundation of the case. To win, Jackson must show that Paparo recklessly disregarded the truth when he asserted the prints matched. The officers have denied there was a conspiracy. Paparo, now a lieutenant, maintains he matched the prints only after careful examination. "What he did was go through a process of examining not only Jackson, but a number of other people, and making an identification that was supported by two other witnesses," said his lawyer, William Holsten. "It was not Mr. Paparo saying, 'I could slip one in here.' Nobody to my knowledge, including the FBI, says they have any reason to believe he made the identification on anything but his good-faith belief that it was a match." Galantino, acknowledging the flaws of the fingerprints, is not ready to absolve Jackson. "I think he's still certainly a suspect," the prosecutor said. "Anybody connected with the victim who had access to his apartment could be considered a suspect." Jackson, who turns 46 next week, said he remains unable to come to grips with what happened to him. "I was only caught up in it trying to be helpful," he said recently. "I was trying to lend information, never thinking - never thinking - they were going to put it on me." Behind bars, he took comfort in religion, but his commitment to faith was severely tested. "Oh, yeah, all the time," he said. "Every day was different. For the whole two years, two months, my parents visited every single week. So that always gave me strength. "Of course, then there were days when strength was hard to find. I'd shed a few tears and find something to keep me occupied... In a prison environment, you have to find some means to escape where you're at. I chose to lose myself in novels, church activities." Although free, he said, he has not broken all the chains. "Now I'm a lot more cautious, careful of everything. I don't like to go out as much." Jackson says he does not take what happened personally. "Unfortunately, I'm not the only one this has ever happened to. I don't think this particular instance was done intentionally to me. But I still don't really understand what the motivation was. Was it just to solve a case?" Contact staff writer Ralph Vigoda at 610-313-8109 or at rvigoda@phillynews.com. © 2001 inquirer and wire service sources. Ail Rights Reserved. http://www.philly.com Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 29, 2003 6:05 AM To: update@nacole.org Subject: [NACOLE Update] Modesto CA - Cops Account of man's death differs This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLC3J5; Wed, 29 Jan 2003 09:05:11 -0600 Received: through eSafe SMTP Relay 1043711739; Wed Jan 29 09:07:20 200 3 Received: from localhost ([127.0.0.1] helo-gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dtjz-00034C-00; Wed, 29 Jan 2003 09:03:03 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dtgE-0002tC-00 for update@nacole.org; Wed, 29 Jan 2003 08:59:10 -0600 Received: from misspiggy.psp.pas.earthlink.net ([207.217.78.246]) by albatross.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18dthv-0003u3-00 for update@nacole.org; Wed, 29 Jan 2003 07:00:55 -0800 Received: from [207.217.78.203] by EarthlinkWAM via HTTP; Wed Jan 29 0 7:00:55 PST 2003 Message-ID: <5766478.1043852455575.JavaMail.nobody@misspiggy.psp.pas.e arthlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Modesto CA - Cops Account of man's death diff ers Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Wed, 29 Jan 2003 07:05:14 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Modbee.com Account of man's death differs=20 1/29/03 By JOHN COT=C3=89 BEE STAFF WRITER=20 CERES -- A former Stanislaus County sheriff's deputy testified Tuesday th= at he could not recall seeing an Empire man's hands in the air before he was shot and killed by another officer. The testimony by Joe Ramirez, now a Modesto police officer, differs fr om = statements he made in a deposition leading up to the wrongful-death la wsu= it brought by the mother of Peter Albert Amarillas. Amarillas was shot by then-deputy Paul Needham during a June 1997 stan dof f on Cali Court in Empire. Needham retired from the Sheriff's Departme nt = in December 1998. According to Needham's attorney, Avery Dority, Amarillas appeared to b el= ighting a pipe bomb when he was shot. Stephen Solano, an attorney for Ama= rillas' family, contends that he had his hands raised to surrender whe nh= e was killed. A Sheriff's Department inquiry into the shooting determined that there wa- S no misconduct. The district attorney's office also investigated the inc- ident and did not file charges against Needham. Amarillas' mother, Connie Amarillas, called deputies after her son pou nde= d a picnic table with a baseball bat and talked angrily with people wh OW= ere not there. Page 2 message.txt She testified that her son took anti- psychotic medication for a menta id= isorder and was possibly coming down after using illicit drugs. Peter Amarillas, then 44, yelled profanities at deputies and threatene dt= o blow them up after he went into a backyard shed at the home he lived in= with his parents, deputies testified. Ramirez testified Tuesday that he did not recall seeing Amarillas' arm s o= r hands just before Needham fired the second of two shots at him. The fir= st shot missed. Ramirez said at the time that he had his gun trained o nA= marillas through the shed window. Solano later read from a transcript of Ramirez's September 2001 deposi tio= n, made under oath. "Could you see his hands?" Solano said, reading from the document. "His arms, but not his hands," was Ramirez's reply at the deposition. ,,To= me it appeared they were up in the air." "Did you see anything in his hands?" "No," was Ramirez's reply in the transcript. Ramirez acknowledged making the statements during the deposition, but tol= d the court Tuesday that Amarillas' arms were not in a "surrender posi tio- Ramirez also testified that he did not see Amarillas trying to light a nyt- hing before he was shot. Deputy Michael Veil told the court that Amarillas had pulled out what app- eared to be a pipe bomb and flicked a lighter about eight inches from it = earlier in the standoff. Page 3 message.txt "I took it as a threat," Veil said. "If he went any further with that lig= hter, I would have shot him if I had to." The Sheriff's Department reported that it collected a metal pipe packe dw= ith a shotgun shell and percussion caps from the scene. Veil and Ramir ez gave differing testimony about where officers found the 6-inch pipe. Bee staff writer John Cot=C3-A9 can be reached at 578-2394 or jcote@mo dbe- e.oom. =2O Posted on 01/29/03 06:20:18=20 http://www.modbee.com/local/story/6018237p-6974167c.html Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 29, 2003 6:25 AM To: update@nacole.org Subject: [NACOLE Update] Miami FL - Ex-officer testifies in Police Corruption Case This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org {wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLC3N3; Wed, 29 Jan 2003 09:25:01 -0600 Received: through eSafe SMTP Relay 1043711739; Wed Jan 29 09:27:10 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp {Exim 3.36 #1) id 18du3M-0003nT-00; Wed, 29 Jan 2003 09:23:04 -0600 Received: from pintail.mail.pas.earthlink.net {[207.217.120.122]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18dtzF-0003dM-00 for update@nacole.org; Wed, 29 Jan 2003 09:18:49 -0600 Received: from misspiggy.psp.pas.earthlink.net ([207.217.78.246]) by pintail.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18du0x-0000qC-00 for update@nacole.org; Wed, 29 Jan 2003 07:20:35 -0800 Received: from [207.217.78.11] by EarthlinkWAM via HTTP; Wed Jan 29 07 :20:35 PST 2003 Message-ID: <7250023.1043853635721.JavaMail.nobody@misspiggy.psp.pas.e arthlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Miami FL - Ex-officer testifies in Police Cor ruption Case Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Wed, 29 Jan 2003 07:24:55 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain nacole.org January 29, 2003 Ex-Miami Officer Testifies in Police Corruption Case By DANA CANEDY New York Times =20 IAMI, Jan. 28 =E2 80 94 A retired Miami police officer testifying as a pr- osecution witness in the federal corruption trial of 11 former Miami o ffi cers said today that he never saw them plant guns at crime scenes, as the= y are accused of doing, but that it was a commonly known practice. "It was like it was a common-knowledge thing," the retired officer, Wi lli= am Hames, testified. "It was joked about. It was something you heard." Mr. Hames also testified that he had firsthand knowledge that some of the officers had conspired to lie about their actions in a deadly shootin g i= n 1995. The officers are accused of planting "throw-down" guns at crime scenes hooting unarmed suspects and giving false statements to investigators to = cover up their actions. Many defendants were on an elite team of offic ers-- , the Jump Out Boys, that operated in tough neighborhoods. Lawyers for the defendants have said they are scapegoats who practiced ag gressive police work to protect citizens in crime-ridden neighborhoods D= efense lawyers today attacked Mr. Hames's credibility, characterizing him= as a drunk who had turned on his fellow officers to protect himself a nd = his pension. "It's your hope that based upon this that you won't go to jail?" a def ens= e lawyer, Richard Sharpstein, asked Mr. Hames. "Of course," said Mr. Hames, 55, who was an officer for 25 years.=20 Defense lawyers said Mr. Hames had a history of disciplinary problems on = the force, including drawing a gun in a dispute with a bus driver in 1 Page 2 message.txt 998. Mr. Hames said he was intoxicated at the time and did not recall the i nci= dent.-20 He said he retired shortly after that, because "I didn't feel I should be= a police officer anymore." Mr. Hames admitted that he drank on the jo wice and suffered occasional blackouts. Mr. Hames, who will return to the stand on Wednesday, is one of two fo rme= r officers that the prosecution has said it expects to call to testify T= he two pleaded guilty to conspiracy charges last year related to one o ft= he questionable shootings in which the 11 men are on trial. They agree dr= o a plea deal in hopes of receiving a reduced sentence. The case centers on four prominent shootings and arrests in the mid- t o1= ate 1990's. One was the case of Richard Brown, 73, who died when the p oli- ce fired into his apartment in 1996 in a drug investigation.=20 Another shooting occurred in 1997, when a homeless man was shot while car= tying a radio that the police later said was a gun, according to the a uth= orities. Mr. Hames was one of five officers who fired at two robbery suspects w ho = were fatally shot in the back in 1995 when they ran from the police. O ffi= cers said at the time that the suspects had guns. Investigators later fou= nd out that the weapons had not been fired and had no fingerprints. Mr. Hames testified that the day after the shooting he met the other o ffi= cers at a barbecue restaurant to discuss what to tell investigators. He told the jury that the officers "sat there and looked at each other fo= r a bit."-20 One, Jorge Garcia, 40, asked, "What are we going to say?" Mr. Hames te sti= fled. Page 3 message.txt Mr. Hames added that he told the group that he intended to tell invest iga= tots that he had seen both suspects with guns. He admitted on the stan dt= oday that the statement was a lie. Mr. Hames also testified that after he said what he intended to tell i nve- stigators, another officer, Jesus Aguero, 40, said later to the group: hat's why we call him Bill Shakespeare. He writes good A-forms," a ref ere= nco to arrest affidavits. Ail the shootings were ruled justified by state prosecutors and an int ern- al police department review led by Police Chief Raul Hartinez, who res ign= ed in November. 20 Civil rights leaders and citizens' advocates were outraged by the shoo tin= gs, in which three black suspects were killed and a white homeless man wa= s wounded. Ail the officers are Hispanic. Defense lawyers said before the trial t hat= their clients were victims of racially charged pressure stemming from th= e shootings. In addition to Mr. Aguero and Mr. Garcia, the defendants are Jose Acun 44; Arturo Beguiristain, 42; Jorge Castello, 34; Rafael Fuentes, 35; I sra= el Gonzalez, 43; Eliezer Lopez, 35; Alejandro Macias, 38; Jose Quintet 39; and Oscar Ronda, 41. Ail the officers are charged with conspiracy to = obstruct justice, which carries a penalty of five years in prison and a $- 250,000 fine. Mr. Aguero, Mr. Garcia, Mr. Quintero, Mr. Gonzalez, Mr. Ronda and Mr. Cas= tello are also charged with one or more counts of obstruction of justi which is punishable by 10 years in prison and a $250,000 fine.=20 In addition, Mr. Garcia and Mr. Gonzalez are charged with committing p erj - ury before a grand jury. That carries a penalty of 10 years in prison Page 4 message.txt and a $250,000 fine. All the defendants have resigned or have been suspended or dismissed.= 20 Copyright 2003 The New York Times Company I Permissions I Privacy Poli cy = 2O Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 29, 2003 11:25 AM To: update@nacole.org Subject: [NACOLE Update] Columbia OR - Ex-Chief barred from contact with woman No more overtures of love, hate Wednesday, January 29, 2003 By JEFFREY HIZE, Columbian staff writer Former Police Chief Stan Reeves was barred Tuesday from having any contact with his ex- girlfriend for eno year. District Court Commissioner James Swanger extended a temporary anti-harassment order until Jan. 28, 2004, and prohibited Reeves from coming within 200 feet ef Rhonda Mullinax's current or future home, as well as her workplace. Swanger told Reeves, 52, not to have any written or verbal contact with Mullinax, "anything from professions of love to screams ef hate." Reeves and Mullinax testified under oath Tuesday about their on-and-off relationship. Vernon McCray, a Camas attorney who represented Mullinax, said his client rekindled the relationship last October but tried te break it off one month later. Mullinax, 31, called police Nov. 15 after Reeves came to her apartment. Mullinax said she asked Reeves te leave a dozen times, but he wouldn't go until she called 911 and put the call on her speaker phone. Reeves said Mullinax invited him to come to her apartment and he left after she asked him to leave a second time. Reeves resigned as Vancouver police chief in Hay, one day before the Washington State Patrol began investigating allegations that he prevented Hullinax from being arrested for drunken driving in May 2001. WSP reco~nended that prosecutors consider charging Reeves with "official misconduct" or "failure of duty by a public officer," something HcCray pointed out to Swanger Tuesday. "Your honor, I'm not sure I need to say a whole lot more in regards to credibility," he said. Swanger never said if he considers Hullinax or Reeves to be more credible. But he concluded there was contact between the two on Dec. 4, during which Mullinax said Reeves chased after her car on Interstate 5 near Jantzen Beach. One day later, Hullinax went to court and received a temporary restraining order. Reeves testified Tuesday he doesn't know anything about the alleged chase and that "she fabricated it completely." Reeves looked incredulous when Swanger concluded there had been contact Dec. 4. Reeves also was dismayed that Swanger didn't place more weight on a Dec. 14 meeting at Bacchus, an east Vancouver restaurant. Mullinax had received a temporary restraining order against Reeves, but the former chief submitted a letter to Swanger saying he had to "fend off blatant sexual advances from Hs. Hullinax" that night. Reeves submitted letters from a friend and two Bacchus employees. One employee, Naamon Archer, wrote that he saw Hullinax "hugging and kissing" Reeves. 1 Reeves described Mullinax as a manipulative, sometimes angry woman and said he wants no contact with her. "To be perfectly candid with you, I am happy with the outcome," Reeves told reporters as he left the courthouse. Reeves said he is living in the Los Angeles area but isn't currently looking for work. Reeves was hired as security chief for the Los Angeles County Metropolitan Transportation Authority in early December, but he resigned the same week news broke that Mullinax had obtained a temporary anti-harassment order against him. McCray referred to that job after Tuesday's hearing. "Mr. Reeves was given an opportunity to get on with his life down in California with a good job," he said. "He just could not do that." Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Wednesday, January 29, 2003 11:38 AM To: update@naco[e.org Subject: [NACOLE Update] Canastota NY - Family describes abuse by police chief NACOLE List: Not that I'm counting, but this is the second story from today's news concerning a small town chief and domestic problems. -Kelvyn Family describes abuse by police chief Canastota chief, who died during a standoff, had hit his wife, statements say. Wednesday, January 29, 2003 By Glenn Coin and Aaron Gifford Staff writers Canastota police chief Guy D. Blasier terrorized his wife and children in their Verona home during the last weekend of his life, according to statements his family gave to state police. The statements describe a weekend of screaming, death threats and physical and mental abuse by Blasier: He repeatedly kicked his wife, Ann, in the shins Saturday and punched her in the face Sunday. He threw her clothes on the kitchen floor, chased her around the house and twice locked her outside in the below-freezing temperatures. The couple's daughter, Kissandra, 8, had to let her back in both times. State police on Tuesday morning found Guy Blasier, 39, dead in his house at 6356 Lakeshore Road, near Verona Beach State Park. The discovery of his body shortly after 5 a.m. ended a 27-hour vigil by troopers who had surrounded the house and tried repeatedly to contact Blasier. Ail weekend long, the family statements show, Blasier threatened to kill his wife and himself if she went to police. The abuse culminated Sunday evening, according to the statements, when Blasier punched his wife about four times as she lay on the couch. He ordered his older daughter, Kristina, 15, to give him her cell phone so she couldn't call police and pushed her into a chair. He refused to let his wife leave the room for ice for her bruised forehead, and he once again threatened her if she called police. "He said the kids wouldn't have parents because I will kill you and then kill myself," Ann Blasier, 35, told state police in Oneida about 9:30 p.m. Sunday, just after she had escaped from the house with her daughters. "The next thing I knew, he started to hit me with a closed fist in my head. I tried to block the punches with my hands, but he probably hit me at least three to four times." It wasn't the first time Blasier had abused his wife, according to the statements. "In the past year he had been on medication for stress and anger, and has become abusive," Ann Blasier told police. "I am in fear of my life and fear for my kids." Kristina Blasier said her father threatened Saturday afternoon to kill his wife and himself if anyone called the police. 1 State police Maj. Thomas Kelly Jr. on Tuesday would not say where Blasier's body was found in the house. Kelly would not comment on how or when Blasier died, saying an autopsy is scheduled for today. Kelly said police heard no gunshots. Carl Totera, Blasier's father-in-law, said he doesn't believe Blasier committed suicide. He said Blasier probably died of an accidental overdose or a fatal reaction to antidepressant drugs he had been taking because of pressures at work. "He certainly wasn't suicidal. He loved life and his kids too much for that," said Totera, a former Canastota village trustee and a retired Canastota police officer. Totera called state police about 8 p.m. Sunday to report the abuse, according to state police records. Totera said Blasier started taking antidepressants after becoming chief in 1999. Blasier had worked as an officer in the department since 1990. "When he became chief of police, that's when the pressure became very intense," Totera said. "He had never been depressed before that. He was always happy-go-lucky." During his tenure as chief, Blasier filed three civil rights lawsuits against the village. One was dismissed, and the others were pending. He once secretly recorded a conversation between himself and former Mayor Mark Lavonas, using the transcript in a lawsuit against Lavonas. The statements by Blasier's family, filed in Verona Town Court, show Ann and Guy Blasier began arguing about 4 p.m. Saturday. "Dad was threatening my mom, saying if my mom goes to the cops he'll get even," Kristina, the older daughter, told police. "He'll track her down and kill her. My mom was running around the house and my dad was chasing her. My dad ended up chasing her out the front door and locked her out in the cold." Kissandra, the younger daughter, told police she let her mother back into the house twice after Guy Blasier chased Ann outside. Kristina said she didn't see her father hit her mother on Saturday, but heard her crying, "Please stop" from another room. Ann Blasier said her husband kicked her shin repeatedly. The arguments resumed Sunday. This time, Kristina said, Guy Blasier began throwing things at Ann, but didn't hit her. "At one point my dad ordered me and my mom to clean up the kitchen," she told police. "While we were cleaning up, my dad grabbed many of my mom's clothes and threw them in the kitchen on the floor." Throughout the day, Kristina said, Guy Blasier told his wife repeatedly not to call police and "not to mess with his job." After the Super Bowl began, Kristina told police, Guy Blasier began to get angry "for no real reason." He walked up to Ann and began punching her, Kristina said. After ordering Kristina to give him her cell phone, Guy Blasier pushed Kristina down into a chair. At one point, Kissandra tried to stop him, hitting him twice, she told police. Ann Blasier and the two girls got up and began to move toward a door, Kristina said. Ann told her husband she needed to go for ride and get some air, she told police. "I promised I would not call the police. I was able to get out the front door with the kids," Ann Blasier said. From the car, Ann Blasier called her sister, state police reports show, then Totera called 2 troopers, who called Ann Blasier on her cell phone. She drove to the Troop D barracks in Oneida. State police took her and the girls to Oneida Healthcare Center, where all three were evaluated and released, according to police reports. In court papers, Trooper Keith Wesolek said Ann Blasier had a lump on her head, a scrape on her left cheek and "numerous bruises on her right shin." Police called Blasier about midnight Sunday after interviewing Ann Blasier and her daughters. Guy Blasier said he would not talk to them, Kelly said. Police got an arrest warrant about 1 a.m. from Verona Town Judge Randall Smith. They returned to Blasier's house with the warrant and told him over the phone he should come out and talk with them, Kelly said. "He said, 'Ail right, I'll come out,'" Kelly said. "That was the last conversation we had with him." Copyright 2003 syracuse.com. Ail Rights Reserved. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Wednesday, January 29, 2003 1:35 PM To: update@nacole.org Subject: [NACOLE Update] HOUSTON POLICE DEPT. Aguirre to learn fate within week Jan. 29, 2003, 6:llAM Aguirre to learn fate within week Ken Wenzel, indicted sergeant, quits By S.K. BARDWELL Copyright 2003 Houston Chronicle Houston police Capt. Mark Aguirre, suspended after a botched August raid, will discover w/thin the week whether he will keep his job, while his suspended sergeant, who holds a law degree, resigned Tuesday. Aguirre, indicted on five counts of official oppression in connection with the raid on a Kmart parking lot, attended his Loudermill hearing in acting Police Chief Tim Oettmeier's office. Lawyer Terry Yates, who represents Aguirre in the department investigation into the raid, said Oettmeier told Aguirre he will announce his decision soon. Ken Wenzel, a sergeant at the South Central Patrol Division that Aguirre commanded and who was similarly indicted, resigned just hours before his scheduled Loudermill hearing. Yates said Wenzel, a 20-year department veteran, opted not to risk being fired and have it on his record. "He has other things on his mind," Yates said. "He's going to be a fine attorney." Loudermill hearings take the name of a Cleveland, Ohio, school bus mechanic who was fired after he failed an eye examination. The mechanic appealed to the U.S. Supreme Court, which ruled in 1985 that tenured employees must be granted a hearing before being terminated. After Oettmeier read the allegations against Aguirre, "we spoke our piece," Yates said. "Our position is, we did nothing wrong, either criminally or administratively." Oettmeier listened attentively to his points, Yates said. "I'm going to take him at his word," he said. "He said his mind was open." Several veteran officers said they could not remember a Loudermill hearing not followed by termination, although many terminated officers have regained their jobs through civil service arbitration. The Aug. 18 raid in the 8400 block of Westheimer was planned to target drag racers. When no drag racers were found, officers arrested nearly 300 people on charges of trespassing and curfew violations. The arrests sparked a public uproar, and all the charges were dismissed and are being expunged at city expense. Several civil lawsuits have been filed against the city and police department. HPD suspended 13 officers as a result of the incident, but only Aguirre and Wenzel were indicted. Their criminal cases will be tried in the spring or summer, Yates said. 1/29/03 Page 2 of 2 He said he understands that the 11 other officers have been disciplined. HPD does not comment on disciplinary action, and it does not become public unless the disciplined officer appeals through the Civil Service Administration. Yates said Wenzel and Aguirre "will fight to the bitter end" in the criminal case and against any department discipline. 1/29/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 30, 2003 6:08 AM To: update@nacole,org Subject: [NACOLE Update] Santa Cruz CA - Council axes police review board This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCTNN; Thu, 30 Jan 2003 09:48:25 -0600 Received: through eSafe SMTP Relay 1043711739; Thu Jan 30 09:50:35 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18eGtA-0005zl-00; Thu, 30 Jan 2003 09:46:04 -0600 Received: from grebe.mail.pas.earthlink.net ([207.217.120.46]) by gal~ma.jumpserver.net with esmtp (Exim 3.36 #1) id 18eGCi-00049u-00 for update@nacole.org; Thu, 30 Jan 2003 09:02:13 -0600 Received: from fozzie.psp.pas.earthlink.net ([207.217.78.218]) by grebe.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18eGEU-0000Yt-00 for update@nacole.org; Thu, 30 Jan 2003 07:04:02 -0800 Received: from [207.217.78.205] by EarthlinkWAM via HTTP; Thu Jan 30 0 7:04:02 PST 2003 Message-ID: <4999829.1043939042175.JavaMail.nobody@fozzie.psp.pas.eart blink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Hailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Santa Cruz CA - Council axes police review bo ard Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Thu, 30 Jan 2003 07:08:21 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org January 30, 2003=20 Council pulls the plug on police review board By DAN WHITE Sentinel staff writer Ex-mayor Christopher Krohn lobbied his former colleagues to spare the pol= ice review board, then refused to relinquish the lectern when his time wa= s up.. But no amount of speechmaking could stop the council Tuesday night fro m c- hopping the city-E2=80=99s controversial advisory group: the vote was 7-0= to revoke the ordinance creating it. The group cost the city $90,000 a year, not including an estimated ann ual= $10,000 to $15,000 in police overtime. Last week the city cut $60,000 fr= om the board budget, leaving $30,000 to pay a city-contracted auditor to - review police-related complaints, and report to the city manager. Since 1995, the board has met about allegations of police misconduct. Act= ivists say the city set up the group as a "rubber stamp," while others sa= y it E2=80=99s a forum for activists who hate cops. Most of the 30 people at Tuesday=E2 80=99s session urged the council t o k oep the board. Sherry Conable, an advocate for the homeless, said the aud= itor proposal puts "more control into the hands of staff and less into th= e citizenry." But Diane Cohan of Tri-County Legal Services said the CPRB has always bee- n "a horrific waste of money" and that the cash would be better spent om = public safety. Page 2 message.txt Krohn said Santa Cruz residents deserved to weigh in before the counci 11= opped off "a social and political link of civilian control" on police. He= told council members they were flouting progressives. Krohn ignored Mayor Emily Reilly=E2=80-99s repeated entreaties for him to= step away from the microphone after his three minutes were up. "I need to ask you to finish up, Christopher," she said. "Please." Krohn said, "I just need to finish this letter," then kept reading a s tat= ement signed by eight Santa Cruzans, including Bernice Belton of Santa Cr= uz Action Network, former mayor Celia Scott and political organizer an de= x-review board member Sandy Brown. Vice Mayor Scott Kennedy grew angry when Krohn refused to step aside. "Former Mayor Krohn chose to stand up and tell us how to do our work," Ke= nnedy said later in the meeting. "To come before us now with his propo sal~ is particularly uncenstructive." Review board chairman Hark Halfmoon said the beard=E2=80=99s hands wer e a= lways tied with "one-sided" police findings that guaranteed the board COU= id not be an independent voice. Halfmoon, appointed by Krohn, accused the= council of refusing to meet with members or even return calls before to = the cuts.. Halfmoon stopped just short of accusing the council of racism. He and ano~ ther CPRB member are black.-20 "It feels to me that we are two black men not being taken seriously," he said. He added that he respects Robert Aaronson, the city=E2=80=99s pi ck for interim auditor of police complaints, but said the situation smack Page 3 message.txt ed of =E2=80=98=E2=80=98Let-E2=80=99s go get a white guy to take care of it = for us." Council members did not respond to the accusation. Police Chief Steve Belcher said the board was a good idea that failed in = practice. "It=E2 80=99s my job as police chief to hire the right people in the f irs= t place, to give them the correct supervision and training, to hold th em = accountable," he said. "If you look at the numbers, they agree with us :9= 0 percent of cases and almost all serious discipline that happens is t ypi= cally not the result of citizen complaints but issues that police supe fyi= sots bring forth." Kennedy, who was on the council when the panel was created, said the b oar= d was an experiment that did improve the quality of local policing but wa= s taken over by a few negative activists. While most council members insist the new system will be more effectiv e a= nd cheaper, activists say handing police-review matters to the council is- like having "the fox guard the hen house." Councilman Tim Fitzmaurice said an auditor has proven effective in otb er = cities. He said, however, that he wanted to make sure the auditor reta ine= d the functions of the existing CPRB, and that the council could revie wp= olice policy as well as complaints about individual officers. Contact Dan White at dwhite@santa-cruz.com.-20 Page 4 message.txt You can find this story online at:-20 http://www.santacruzsentinel.com/archive/2OO3/January/30/local/stories /05- local.btm Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 30, 2003 6:10 AM To: update@nacole.org Subject: [NACOLE Update] Fresno CA - Officer could lose job over gun This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCTNL; Thu, 30 Jan 2003 09:48:21 -0600 Received: through eSafe SMTP Relay 1043711739; Thu Jan 30 09:50:31 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 id 18eGtE-0005zv-00; Thu, 30 Jan 2003 09:46:08 -0600 Received: from flamingo.mail.pas.earthlink.net ([207.217.120.232]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18eGEa-0004FG-00 for update@nacole.org; Thu, 30 Jan 2003 09:04:08 -0600 Received: from fozzie.psp.pas.earthlink.net ([207.217.78.218]) by flamingo.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18eGGL-0005C2-00 for update@nacole.org; Thu, 30 Jan 2003 07:05:57 -0800 Received: from [207.217.78.205] by EarthlinkWAM via HTTP; Thu Jan 30 0 7:05:57 PST 2003 Message-ID: <2335326.1043939157431.JavaMail.nobody@fozzie.psp.pas.eart hlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Fresno CA - Officer could lose job over gun Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Thu, 30 Jan 2003 07:10:16 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.erg Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org fresnoBee.com Officer could lose job over gun=20 By Doug Hoagland The Fresno Bee Published 01/30/03 04:50:14 A Fresno police officer could be fired after marrying a woman who serv ed = time in prison for attempted murder and then violated her parole in De cem= bet by having access to his department gun. Parole agents found city police officer Ray Holquinn~s gun, pepper spt ay,= baton and cartridges on the floor of his bedroom near the bed, where his= bride had been sleeping. Holquinn and his wife, Tanya Marie Holquinn, knew his gun had to be ke pt - in a locked safe or locked gun cabinet for her not to violate parole, sai= d Bill Sessa, spokesman for the California Board of Prison Terms. Holquinn said he tried to find out what to do with his gun at home, bu to= ne parole agent gave him incorrect information and another agent wash' ti n the office. Holquinn said he kept the gun in a safe until the day be for= e his wife was arrested: "It was my mistake leaving the gun [in the be dro During an interview Tuesday, Holquinn provided details about a relatio nsh= ip that stunned fellow officers when it was first reported. Holquinn a ckn= ewledged the novelty of the situation: "This is totally irregular -- a p marrying a parolee." Helquinn said he believes his wife's past is being held against her: " Nob= ody wants to let it go and let her live a life." Page 2 message.txt Tanya Holquinn is now back in prison as she awaits a hearing to determ ine= how much time she will have to serve for violating parole. She faces am aximum of one year. Meanwhile, Police Chief Jerry Dyer will decide if her husband acted in app- ropriately and should be disciplined. Police spokesman Sgt. Herman Silva said Dyer could opt for penalties r ang- lng from a letter of reprimand to termination. Or the chief could do n oth= ing. The Fresno Police Department has no policy that prohibits officers fro mi= raternizing with convicted felons. That's not unusual, according to Fr o police officials, who point out that the International Association o fC= hiefs of Police did not include a fraternization policy in its code of nduct. Silva said, however, the department's Internal Affairs unit investigat ed = Holquinn to see "whether there was any misconduct regarding his person al = life.." The police spokesman added: "I don't recall anytime when an officer ma rri- ed an ex-felon or [was] visiting an ex-felon in a boyfriend-girlfriend lationship. Certainly that warrants some looking into." Internal Affairs investigations can explore whether an officer's condu ct brings "disrepute" to the profession and department, Silva said. He ad ded= that embarrassing the Fresno Police Department could be grounds for d iplining Holquinn. Does any element of this case justify Holquinn's firing? Page 3 message.txt Lt. Pat Farmer, Dyer's chief administrative assistant, said that is up te officers in Holquinn's chain ef cemmand and ultimately the chief. Helquinn said he understands the pelice department's need to investiga te = him: "They have to go for the facts ... and not be sentimental or soft -he arted abeut it. They are under a lot ef pressure with the press and st uff= 2E" Hike Oliver, president ef the Fresne Police Officers Asseciation, decl ine d to say whether the union is representing Holquinn in the department' si= nvestigatien. He said case law supports the department's right te leek in= to an officer's off-duty cenduct. Oliver questioned, however, if embarrassing the department could be gr oun- ds for disciplining an officer. "How do you embarrass an agency?" he said. "You don't. But you can dam age= the reputation of [an agency]." Holquinn, 49, has been a Fresno police officer for 21 years and has be en paid approximately $7,000 since being placed on administrative leave D ec.= 12, according to Silva. Holquinn's wife was taken into custody three day= s before that. Silva said it's not uncommon for officers to be off the job and on pai da- dministrative leave when serious allegations are leveled. The law requ ire= s they be paid during the investigation. Holquinn's first wife, Diana, died in 1998, and he alluded to loneline $s after her death. "I sat at home all the time," he said. Holquinn disputed reports that he met Tanya Rodriguez on the Internet. Ra= Page 4 message.txt ther, he said, they became pen pals, but he would not say how. Holquinn said he knew his future wife was in prison when they started wri= ting, and he had no reservations about that: "To me, she was a person. Sh= e was an inmate. What did she have to gain? What did I have to gain?" Holquinn also visited her at the Central California Women's Facility i howchilla. She was imprisoned after being convicted of attempted murde ra= nd assault with a deadly weapon. She stabbed another woman five times as = the two sat in a car, according to news reports. The victim recovered fro m her wounds. Tanya Holquinn, 39, was sentenced to seven years and went to prison in Ap= ril 1997. She served almost six years of that term. She was released from prison Dec. 1, and the couple were married that day. On Dec. 9, she was arrested in Holquinn's northwest Fresno home for vi ola= ting her parole. "She came very close to stabbing someone to death in the middle of an alc= oholic blackout," said Sessa of the board of prison terms. "Given that hi= story, having any weapon in the house would have been a serious concer The arrest occurred when parole agents made a scheduled visit. "The se rvi= ce revolver and belt were lying on the bedroom floor next to the bed," Se= ssa said. The belt holds officer Holquinn's pepper spray, baton and cartridges f or = his service pistol. Tanya Holquinn's four parole violations stem from acc- ess to those items and the gun. Page 5 message.txt Ray Holquinn offered a more detailed account of events leading up to h is = wife's arrest. He said the belt with his gun, pepper spray, baton and tridges had been in a gun safe in the garage. The night before his wif arrest, he moved the safe to another house to store other guns he had al= ready removed from his home. However, he brought the department gun and belt back to his home so he WO= uld have them when he dressed for work or got a SWAT call. He locked t he = items in his car in the garage with the car alarm on. The next day, he We- S making enchiladas and needed tortillas. He went to the store. Before le= aving, he took the gun and belt from the car and put them on the floor of- his upstairs bedroom. His wife was sleeping in the room, and he kisse d h= er on the cheek before leaving. Ray Holquinn did not want to drive to the store and leave the gun unat ten= ded in the car, which would have violated department policy. "My butt wou- ld have been fried if someone had stole my gun," he said. However, while he was gone, two parole agents came to the house and di vered the gun and belt. Helquinn said he knew they were ceming, but no t w= hich day. Eighteen-year-old Stephanie Holquinn, one of Ray Holquinn's four child rem= , was at the house with her stepmother when the agents arrived. "She s tar= ted shaking," Stephanie said, adding that she supports her father's ma rri= age: "I want him to be happy. Why not? He lost my mom. So why not be h app= y again?" After Tanya Holquinn's arrest, she was taken to Fresno County Jail. On Ja= Page 6 message.txt n. 6, she was transferred to Valley State Prison for Women in Chowchil la. Sessa said a parole revocation hearing will be scheduled, probably in two- to four weeks. An officer from the board of prison terms will review the= circumstances and order a prison term not to exceed one year. Some pa rol= ees get as few as three months for violations, Sessa said. He would not speculate how much prison time Tanya Holquinn's four viol ati OhS could get her. "This is far from a straightforward case," Sessa sa id. Ray Holquinn is not hopeful. "They have rules they have to go by," he sai= d. "I'm hoping they'd make an exception. I think they're going to have th= e attitude, 'Well, you're a cop. You should have known better.' " Meanwhile, Holquinn visits his wife for two hours on Saturdays and two ho= uts on Sundays. They write each other daily. "Ail I have is my kids and my job," Holquinn said. "Everything else I try= to get, it gets taken away from me." He was somber and his words were ti= nged with emotion. "First, my kids' mother dies. Then Tanya, and I did want to tell anybody about [us] because I wanted to give it a chance, d the next thing it's all over [the news]." Holquinn spoke of a life upended. "Now who knows what's going to happe t work," he said sadly. The reporter can be reached at dhoagland@fresnobee.com or 441-6354. -C2=A9 2002 , The Fresno Bee ~20 Update mailing list Page 7 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 30, 2003 6:16 AM To: update@nacole.org Subject: [NACOLE Update] Louisville KY - Ex-detective Watson testifies against partner Ex detective Watson testifies against partner He tells court Richardson was with him when he created bogus search warrants By Gregory A. ~all ghall@courier-jeurnal.com The Courier-Jodrnal 1/30/2003 Testifying yesterday in the trial of his former partner, former narcotics detective Hark Watson made no apologies for his own criminal conduct. Some of the actions, he suggested, were common among officers. In mostly brief answers to attorneys' questions, Watson testified that his partner, Christie Richardson, was with him on three occasions when he created -- and served -- bogus search warrants. But Watson stepped short ef alleging that Richardson knew the warrants were bogus. At one point, Richardson's attorney asked Watson, ''The implication is that Christie must have known, right? .... to which Watson replied, ''I assume se.'' Watson, 39, also testified that Richardson signed forms saying she had witnessed payments te Watsen's informants when she hadn't, and that he had signed paperwork attesting that he had witnessed Richardson pay her informants when he hadn't. ''That's not uncommon,'' Watson said without elaborating. The two detectives, both Jefferson County officers assigned to Hetre Narcotics, were charged last year with creating bogus search warrants, obtaining warrants through the use ef fraudulent affidavits and obtaining payments for informants who say they never received the money. They were being tried together until Friday, when Watson, as part ef an agreement with prosecutors, pleaded guilty to 299 felony counts and three misdemeanors, and agreed to testify against Richardson. Prosecutors are rocor[ending a 20-year sentence for Watson, although his attorney, Hary Sharp, has said she will seek probation. Richardsen's trial continued after Watson's plea hearing Friday. She is charged with 20 counts of first-degree burglary, 132 counts each of criminal possession of a forged instrument and tampering with public records, one count of bribery, six charges of theft by deception over $300, five counts of perjury, and one count each of official misconduct and theft by deception under $300. Richardson, 36, has pleaded innocent but could be sentenced to 70 years in prison if convicted. Prosecutors have argued that Watson and Richardson worked together in committing the alleged offenses. Zn about two hours on the witness stand yesterday, Watson testified about his work wiuh Richardson, whom he described as his ''best friend.'' Richardson took notes as Watson testified. ! Watson said he created fraudulent search warrants because he didn't have time to get signatures and feared suspects would flee er hide their contraband. In his opening statement last week, Richardson's attorney, Steve Schroering, said Richardson didn't know that the warrants were bogus and that she trusted Watson. Schroering also said Richardson didn't know that informants hadn't been paid, and that partners en the narcotics unit commonly signed each other's forms without actually witnessing the payment. During questioning by prosecutor Jonathan Dyar, Watson said he and Richardson were partners from the time she started with the narcotics unit in 1998 until their resignations last year. Beyond that, he said, she was his best friend outside the office. He said they and a friend met at a restaurant en Bardstown Road shortly before the trial started te console each other. They also knew each other's families and went to movies together, in addition to sharing ether recreational activities such as four-wheeling and hiking, he said. Watson testified that he would create search warrants by photocopying a judge's signature from an earlier warrant. He said he did that when he didn't have time to get a judge's signature. He also said he did it at least once to re-create a warrant that had been lost because he didn't want to ge back to the judge who signed it and admit the warrant was lost. Under cress-examination by Schreering, Watson testified about his entire career, including his tenure with the Atlanta police department and his internal affairs record there. Watson said the number of complaints against him, for missing court cases and other offenses, wasn't unusual. Watson's failure to appear in court on Jefferson County cases led to the investigation of him and Richardson. Schreering questioned Watson at length about the former detective's reasons for admitting guilt. Watson said he felt he had a chance to be acquitted on some charges but feared he would be convicted of first-degree burglary, which would make him ineligible for probation. Pleading guilty to second-degree burglary made him eligible for probation. Watson testified, however, that he believes it's unlikely that he'll be granted probation. ''It would be nice,'' he said, ''but I don't anticipate it.'' Schreering asked Watson under what circumstances prosecutors agreed te amend the burglary charges. ''If I gave truthful testimony that shewed she had some knowledge, '' Watson responded. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Thursday, January 30, 2003 6:37 AM To: update@nacole,org Subject: IN^COLE Update] San Francisco CA - More allegations against Officer Fagan More Allegations in Cop Beating Case KRON-4 Posted: January 29, 2003 at 6:24 p.m. SAN FRANCISCO (KRON) -- More potentially serious trouble for the San Francisco police department and Officer Alex Fagan Jr., son of the assistant police chief. Fagan is one of the three off duty officers alleged to have beaten two civilians in a street fight last November. KRON 4 News has learned that yet another San Francisco resident has filed a complaint with the city, charging officer Fagan with criminal misconduct. On August 20th, 33-year-old Eric Wingate claims he was detained by San Francisco police officers as he was driving near the corner of Steiner and Fulton. Police at the time were looking for a robbery suspect. Wingate charges in his complaint that officer Alex Fagan Jr. fabricated evidence by planting in Wingate's car, a stereo faceplate and a knit mask with holes for the eyes and mouth. Fagan, the complaint adds, then filed a false police report stating that he had discovered the evidence inside the vehicle. Wingate was booked and charged with robbery. Eric Wingate is now the fourth person to file a complaint against officer Fagan with the city attorney's office, which is almost always a precursor to a full blown lawsuit against the city. In his complaint against the city last month, Kevin Jordan claims anti-gay slurs were hurled at him as he was being beaten by Fagan and another officer. Also in December as he sat in county jail on armed robbery charges, Orlando bacon filed his claim against Fagan, charging excessive force. The first claim was filed last July by James Washburn, who charged Fagan Jr. and another officer with assault, battery and false arrest in January of 2002. Washburn became the first of the four complainants to sue the city for an unspecified amount of money. He appeared at a news conference with his lawyers Wednesday. Washburn says he feels some measure of relief now that the lawsuit has been filed. The two alleged beating victims from the high profile incident last November involving Fagan Jr. and two other officers will also undoubtedly sue the city. Jade Santoro testified at the first day of the grand jury hearing into the incident and Adam Snyder has been summoned to testify Thursday. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.netl Sent: Thursday, January 30, 2003 6:28 AM To: update@nacole.org Subject: [NACOLE Update] East Chicago IL - East Chicago cops face fight for jobs This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCTN2; Thu, 30 Jan 2003 09:48:19 -0600 Received: through eSafe SMTP Relay 1043711739; Thu Jan 30 09:50:28 200 3 Received: from localhost ([127.0.0.1] helo gamma.jumpserver.net) by ganlma.jumpserver.net with esmtp (Exim 3.36 #1) id 18eGtM-00060N-00; Thu, 30 Jan 2003 09:46:16 -0600 Received: from flamingo.mail.pas.earthlink.net ([207.217.120.232]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18eGVS-00052N-00 for update@nacole.org; Thu, 30 Jan 2003 09:21:34 -0600 Received: from fozzie.psp.pas.earthlink.net ([207.217.78.218]) by flamingo.mail.pas.earthlink.net with esmtp (Exim 3.33 %1) id 18eGXE-0004OR-00 for update@nacole.org; Thu, 30 Jan 2003 07:23:24 -0800 Received: from [207.217.78.206] by EarthlinkWAM via HTTP; Thu Jan 30 0 7:23:24 PST 2003 Message-ID: <7378709.1043940204325.JavaMail.nobody@fozzie.psp.pas.eart blink.net> From: Kelvyn Anderson <kelvyn anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] East Chicago IL - East Chicago cops face figh t for jobs Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Thu, 30 Jan 2003 07:27:44 -0500 {EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org East Chicago cops face fight to keep police jobs=20 Jan. 30, 2003=20 By Michael Puente / Post-Tribune staff writer 20 EAST CHICAGO =E2 80=94 By pleading guilty this week to a misdemeanor c hat= ge of conversion, two East Chicago police officers are hoping to rejoi nt= he force.=20 But not so fast, says Chief Frank Alcala.=20 Alcala said Wednesday it's not a certainty that Lt. William Pabey and Pat= rolman Juan Lopez will rejoin the force.=20 Alcala says the three-member Board of Safety will have to decide wheth er Pabey or Lopez comes back to work. The board placed the officers on su spe= nsion without pay back in May.=20 Pabey, 48, and Lopez, 26, both of East Chicago, accepted plea deals fr om the Lake County prosecutor=E2=80-99s office on Tuesday admitting to th eir- roles in a gambling scheme at Harrah=E2=80-99s Hotel and Casino in Ea st Chicago.=20 While Alcala will make a recommendation to the board on whether the of fic ers should be allowed back on, so far, he isn=E2=80=99t saying how he= E2=80= =9911 decide.=20 "The Board of Safety will have to deal with these guys. What they did is = still police misconduct," Alcala said. "hey are still subject to go be for= e the board. They (the board) may have a different outlook on things. I won=E2 80=99t make a decision until it=E2=80=99s time to do so.=20 Page 2 message.txt Pabey=E2-80=99s attorney John Cantrell says he is hopeful his client w ill- return to the force.=20 "He wants to stay on the job. He wants to retire as a police officer," Ca= ntrell said Wednesday.=20 Had Pabey or Lopez been convicted on the original charge of theft, a f elo= ny, they would have faced up to three years in prison and could no lon get= work as policemen. 20 But while conversion is a lessor offense than theft, to Alcala, it=E2= 80 99= s not a small matter.=20 "I-E2-80=99m not taking this lightly," Alcala said. "They are not home fr= Pabey and Lopez may still have to testify against fellow East Chicago pol= ice officer, Lt. Alan Slivko. Slivko, 41, of Schererville, is maintain ing= his innocence in the scheme and is scheduled to stand trial in August .=20 Two employees of Harrah's and a relative of Lopez are also charged wit ht- heft for their alleged part in the scheme.-20 The scheme developed last February when the two Harrah's employees all ege= dly obtained winning combination codes to a game called "Crack the Cod The winning numbers were provided to Lopez, according to court records ho in turn provided the numbers to Slivko and Pabey for the February p otion, court records state.=20 Pabey and Lopez are scheduled to be sentenced July 10.=20 Reporter Michael Puente can be reached at 648-3079 or by e-mail at mpu Page 3 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink. net] Sent: Friday, January 31, 2003 5:42 AM To: update@nacole.org Subject: [NACOLE Update] Cape Girardeau MO - Cape officer fired for violations This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.erg (wall.civic.iowa-city.erg [192.168.1 6.2]) by hart.civic.iowa-city.erg with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCX07; Fri, 31 Jan 2003 08:43:16 -0600 Received: through eSafe SMTP Relay 1043950917; Fri Jan 31 08:45:24 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18ecLn-00087m-00; Fri, 31 Jan 2003 08:41:03 -0600 Received: from grebe.mail.pas.earthlink.net ([207.217.120.46]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18ecGw-0007wJ-00 for update@nacole.org; Fri, 31 Jan 2003 08:36:02 -0600 Received: from louie.psp.pas.earthlink.net ([207.217.78.221]) by grebe.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18ecI1-0001BF-00 for update@nacole.org; Fri, 31 Jan 2003 06:37:55 -0800 Received: from [207.217.78.11] by EarthlinkWAM via HTTP; Fri Jan 31 06 :37:55 PST 2003 Message-ID: <2343537.1044023875265.JavaMail.nobody@louie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Cape Girardeau MO - Cape officer fired for vi elations Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 31 Jan 2003 06:42:17 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Cape officer fired for violations Southeast Missourian - Friday, January 31, 2003 By Mike Wells Southeast Missourian-20 Cape Girardeau police confirmed Thursday the termination of a narcotic sd= etective who had been with the department for nearly 10 years.=20 Capt. Carl Kinnison said patrolman Paul E. Tipler was fired last month fo= r "policy violations." Kinnison would not elaborate on what those viol ati= OhS were or how many.=20 "As we conducted our internal investigation, we found there was a poss ibi= lity of criminal wrongdoing," Kinnison said.=20 The Missouri State Highway Patrol is now conducting a criminal investi gat ion on Tipler, Kinnison said.=20 Cape Girardeau Prosecuting Attorney Morley Swingle said a special pros ecu- tor has been appointed from the Missouri attorney general's office to rev= iew the patrol's findings and will make a determination as to whether any= criminal charges will be filed.=20 The allegations of misconduct came initially from one person not in th ed= epartment, and upon investigation, more people made similar allegation SI ~ Kinnison said. He would not comment on the nature of the misconduct.=2 0 Tipler was hired by Cape Girardeau in May 1993 and had been a detectiv e s= ince August 2000. He was previously an officer in New Madrid, Mo.-20 Tipler has an unlisted phone number and could not be reached for comme Page 2 message.txt ~t - Thursday.-20 For police officers, termination for misconduct on the job is often th ee= nd of their careers in law enforcement due to the high standards of co ndu= ct expected by both the public and employers.=20 Officers also face possible discipline by the Missouri Department of P ubl- ic Safety, which issues peace officer certification and sets the stand ard= s for officer training requirements. DPS can suspend or revoke an offi cer- 's certification, preventing them from working in another Missouri law forcement agency.=20 If an officer's certification is not impacted, finding another law enf otc= ement job is still possible, Sgt. Rick Schmidt of the Cape Girardeau p oli= ce said. 20 "But it's totally up to the agency they are applying for," he said.=20 Since employment law prevents previous employers from divulging specif ic reasons for an employee's termination, a potential new employer has no ac= cess to that information.=20 According to the city's personnel manual, Cape Girardeau public employ ees= have three days after a suspension or termination to file for an appe al = hearing, but Tipler has not done so, said city manager Mike Miller.=20 The last police officer to be terminated from the department was forme rp- atrolman Robert G. Ulman II of Cape Girardeau in March last year. He p lea= ded guilty in May to third-degree domestic assault for slapping his wi fe - on the back of the head, and his certification as a peace officer was rev= oked by the Missouri Department of Public Safety.=20 Page 3 message.txt mwells@semissourian.com=20 335-6611, extension 160 =C2=A9 2002, Southeast Missourian. This story is available at: http:// sem= issourian.com/story.html?rec=3D100374=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlinknet] Sent: Friday, January 31, 2003 5:44 AM To: update@nacole.org Subject: [NACOLE Update] Seattle WA - Opinion - Police intelligence gathering critical This message uses a character set that is not supported by the Internet Service, To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCX08; Fri, 31 Jan 2003 08:43:16 -0600 Received: through eSafe SMTP Relay 1043950917; Fri Jan 31 08:45:25 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18ecLr-00087w-00; Fri, 31 Jan 2003 08:41:07 -0600 Received: from scaup.mail.pas.earthlink.net ([207.217.120.49]) by gamma.jumpserver.net with esmtp (Exim 3.36 %1) id 18ecIK-0007yX-00 for update@nacole.org; Fri, 31 Jan 2003 08:37:28 -0600 Received: from louie.psp.pas.earthlink.net ([207.217.78.221]) by scaup.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18ecKS-0002eI-00 for update@nacole.org; Fri, 31 Jan 2003 06:39:20 -0800 Received: from [207.217.78.11] by EarthlinkWAM via HTTP; Fri Jan 31 06 :39:20 PST 2003 Message-ID: <1892225.1044023960925.JavaMail.nobody@louie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Seattle WA - Opinion Police intelligence ga thering critical Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update nacole.org/> Date: Fri, 31 Jan 2003 06:43:42 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org SEATTLE POST-INTELLIGENCER http://seattlepi.nwsource.com/opinion/106551 locke31.shtml Police intelligence gathering critical=20 Friday, January 31, 2003 By HUBERT G. LOCKE SPECIAL TO THE POST-INTELLIGENCER Seattle finds itself on the horns of a genuine dilemma that only the f aha= tical on either the left or the right can fail to appreciate. Almost a qu= after-century ago, after the discovery that the Seattle Police Departm ent= had something called an intelligence unit that kept files on the publ ic = (and some private) behavior of nearly everybody who was anybody in tow the City Council passed an ordinance forbidding such behavior on the p art= of the police. Now, in the wake of a heightened concern about terrori sm, = the police consider the ordinance a major hindrance to their ability to = keep tabs on individuals who might pose a genuine threat to the safety an= d well-being of Seattle citizens. In the words of Seattle's police chi el,= the ordinance is "one whose time has-20 =20 passed." It's hardly sensible to quarrel with the proposition that enabling law en= forcement agencies to catch terrorists before they can create mayhem a nd = destruction is in the obvious best interests of everyone who values a law= -abiding and tranquil society. The question is how much latitude shoul dr- he police be given to accomplish this much-desired objective? The ques tio= Page 2 message.txt n would be easier to answer were it not complicated by bad history and cu= trent somewhat suspect associations. The bad history goes to the fact that what the police collected a quar ter= -century ago in the name of "intelligence" was mounds of trivia that w ere- worse than useless. The effort involved people who might have been do ing- work of far greater importance as far as the safety of the public was co- ncerned, compiling information that only a card-carrying member of the Jo= hn Birch Society would consider of any significance. It was not only w ho = was being watched but also the idiocy of the information being collect ed = that, once it became a matter of public awareness, brought this activi ty = into such disrepute.-20 Intelligence units were, in fact, a relic of the McCarthy era and near ly = every police department in the country had one. The activity of Seattl e p= olice was no worse than that of police departments in other cities. I was= a member of the executive staff of the police department in the natio then fifth-largest city when its so-called "Red Squad" came to light; th= e same inane information on an equally preposterous array of citizens led= to its demise, as well it should have. The suspect associations that hamper the effort to scuttle the current or= dinance are chiefly those that attach to the nation's attorney general ~ W= hose department is advancing the notion of a national data base into w hic= h information gleaned from local law enforcement agencies would be sto red= , retrieved and analyzed. John Ashcroft, whose general demeanor and pu bli= c pronouncements usually reflect all the finer features of the ill-fam ed = Page 3 message.txt Gestapo, is hardly one to inspire confidence in the idea of a nationwi de = intelligence effort, even if terrorists are the targets. This having been said, there's another side to the picture and, on beh alf= of the police, it needs to be stated and considered. When the police see= k to prevent major crimes from occurring, good information and surveil lan= ce are essential components of what they do. Whether it is trying to f ore- stall a hijacking, a bank robbery, the transit of a large drug shipmen t o= r the efforts of terrorists, knowing as much in advance about the plan s o= f the culprits and being able to keep legitimate suspects under a watc hfu= 1 eye are both necessary and effective. It's reasonable to assume that the police learned their lesson from th 60s and '70s and are now prepared to do the job intelligently. As a sa fog= uard, a good case can be made for making the role of the police audito - now filled by a well-respected former judge of the King County Super ior- Court -- one of making a periodic review of the intelligence process and- its products. Now that the City Council has created a civilian board to oversee the wor= k of the Office of Professional Accountability, the investigative mech ani= sm where complaints of police misconduct are at issue, it would make s ens- e to relieve the police auditor of this function and instead allow the au= ditor to concentrate on ensuring that the intelligence-gathering funct ion= is being carried out properly. A great deal of rhetoric has been expended in this country in the wake of= 9/11. Some of it demands that the country deal with the threat of ter ror Page 4 message.txt ism by adopting the tactics of a police state; other voices denounce e vet= y proposed response as an impending end to civil liberties, as we know th em. Somewhere between these two extremes, we have to find sensible, effect ive= ways of coping with a new reality for which none of us would have wis hed= but that all of us have to acknowledge as having substantially change dl= ife as we have known it. Local law enforcement agencies will be critical to this effort -- far mot= e critical, in fact, than the homeland security apparatus. It is well tha- t the public and the police are reminded of the abuse of the intellige nce= function in the past; that is not sufficient reason, however, for for bid= ding its use now. I seriously doubt the police would screw it up a sec ond= time. Hubert G. Locke, Seattle, is a retired professor and former dean of th eD= aniel J. Evans Graduate School of Public Affairs at the University of Was= hington. =C2-A9 1998-2003 Seattle Post-Intelligencer Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Friday, January 31, 2003 7:31 AM To: update@nacole.org Subject: [NACOLE Update] NYTimes - Police get access to State Dept Visa Database This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message.txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLCYXQ; Fri, 31 Jan 2003 10:40:09 -0600 Received: through eSafe SMTP Relay 1043950917; Fri Jan 31 10:42:18 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18eeB2-0004Ee-00; Fri, 31 Jan 2003 10:38:04 -0600 Received: from falcon.mail.pas.earthlink.net ([207.217.120.74]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18edy2-0003kl-00 for update@nacole.org; Fri, 31 Jan 2003 10:24:38 -0600 Received: from bigbird.psp.pas.earthlink.net {[207.217.78.244]) by falcon.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18edzr-0000NC-00 for update@nacole.org; Fri, 31 Jan 2003 08:26:31 -0800 Received: from [207.217.78.16] by EarthlinkWAM via HTTP; Fri Jan 31 08 :26:31 PST 2003 Message-ID: <993179.1044030391098.JavaMail.nobody@bigbird.psp.pas.eart hlink.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] NYTimes - Police get access to State Dept Vis a Database Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Fri, 31 Jan 2003 08:30:53 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org January 31, 2003 State Department Link Will Open Visa Database to Police Officers By JENNIFER 8. LEE =20 ASHINGTON, Jan. 30 =E2=80=94 Law enforcement officials across the coun try= will soon have access to a database of 50 million overseas applicatio for United States visas, including the photographs of 20 million appli can= ts. The database, which will become one of the largest offering images to loc= al law enforcement, is maintained by the State Department and typicall yp= rovides personal information like the applicant's home address, date o lb= irth and passport number, and the names of relatives. It is a central feature of a computer system linkup, scheduled within the- next month, that will tie together the department, intelligence agenc ies= , the F.B.I. and police departments. The new system will provide 100,000 investigators one source for what the= government designates "sensitive but unclassified" information. Offic ial= s see it as a breakthrough for law enforcement, saying it will help di sma= ntle the investigative stumbling blocks that were roundly criticized a fte= r the Sept. 11 attacks. At the same time, they acknowledge the legal and policy questions rais ed = by information sharing between intelligence agencies and local law enf orc= ement, and critics have cast a wary eye as well at the visa database. One other effect of the new system is that for the first time, the Fed Page 2 message.txt era= 1 Bureau of Investigation and other agencies linked by it will be able to= send one another encrypted e-mail. Previously, security concerns abou tt= he open Internet often caused sensitive information to be faxed, maile do- t sent by courier. The changes come as the F.B.I. continues working to upgrade its entire co- mputer system, which is so antiquated and compartmentalized that it ca nno= t perform full searches of investigative files. The bureau's director, Ro= bert S.. Mueller III, has said that while the technology easily allows fo= r single-word searches, for example for "flight" or "school," it is ve ry - hard to search for a phrase, for example "flight school." For all the ambitious technological proposals being debated in the wak e o= f the 2001 terror attacks, the new unified system was cobbled from exi sti= ng networks and has required little new spending. "These are the netwo rks= that people are already using," said Roseanne Hynes, a member of the Def= ense Department's domestic security task force. "It doesn't change job s o= r add overhead." A primary feature of the system is the State Department's enormous vis ad= atabase, whose seven terabytes give it a capacity equivalent to that o ff= ive million floppy disks. Until now, that database has been shared onl yW= ith immigration officials. "There is a potential source of information that isn't available elsew her= e," said M. Miles Matthew, a senior Justice Department official who wo rks= with an interagency drug intelligence group. "It's not just useful fo rt= errorism. It's drug trafficking, money laundering, a variety of frauds Page 3 message.txt ot to mention domestic crimes." Local law enforcement agencies seeking photographs have typically had imm= ediate access only to their own database of booking photos. But to get ph= otos of people not previously charged or arrested, an investigator wou id = make a request to a motor vehicle department or the State Department.= 20 So officials emphasize that the State Department database is not makin g a= ny information newly available to law enforcement, simply making such inf= ormation easier to acquire. But that increasing ease of accessibility rai= ses some concern from civil liberties groups. "The availability of this information will change police conduct," sai dM= arc Rotenberg, executive director of the Electronic Privacy Informatio nC= enter, which has advocated more Congressional oversight of domestic se cur= ity operations. "You are more likely to stop someone if you have the a bil= ity to query a database." Or, as Mr. Rotenberg also put it: "The data chases applications." Critics also point to what they call the unwelcome precedent of foreig n-i= ntelligence sharing with local law enforcement, even if the intelligen ce = community's initial contribution to the new system may seem somewhat i cuous. That component is the Open Source Information System, a portal re 14 agencies pool unclassified information. Such material in the new sy= stem will includes text articles from foreign periodicals and broadcas ts,= technical reports and maps.=20 Two domestic law enforcement networks are also being tied in: Law Enfo Page 4 message.txt ment Online, a seven-year-old system established by the F.B.I., and th eR= egional Information Sharing Systems, six geographically defined comput er networks that help local law enforcement agencies collaborate on regio nal= crime issues like drug trafficking and gangs. Becoming part of a collaborative computer network is unusual for the F I., which has been criticized for its insular nature and technological sl= uggishness. As some agents joke, the bureau "likes to have yesterday's te= chnology tomorrow." Many agents do not have direct access from their d esk= s to the Internet, because of security concerns. Instead, some field o ffi= ces have separate areas that agents refer to as "cybercafes," where th ey = can log on to the Internet. The bureau is now engaged in a multibillion-dollar effort to upgrade i ts computer system. A recent report by the Justice Department's inspector ge= neral cited mismanagement of the project, though Director Mueller gave re= porters a sunny assessment today, saying among other things that parts of= the upgrade would go online in March as scheduled. As for the new interagency system, other large security and law enforc eme= nt computer networks are scheduled for integration with it within the t year. These include an unclassified part of the Defense Department computer work, as well as the National Law Enforcement Telecommunication System hich is used to disseminate criminal justice information nationwide. Copyright 2003 The New York Times Company I Permissions I Privacy Poli cy = =20 Page 5 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 31, 2003 9:39 AM To: update@nacole.org Subject: [NACOLE Update] FW: Pair in fake-drug scandal also worked federal cases Were U.S. prosecutions tainted by officers' role? Agencies remain mum 01/31/2003 By ROBERT THARP and TODD BENSMAN / The Dallas Morning News Two Dallas detectives whose work with now-discredited informants is at the center of an FBI inquiry also took pan in a federal drug investigation for at least seven months in 2001, according to interviews and police records. Federal officials took over investigating the so-called sheetrock drug scandal more than a year ago but have never disclosed the officers' involvement in federal cases. Time cards obtained through state open-records laws show that Senior Cpi. Mark Delapaz and Officer Eddie Herrera applied for overtime on a federal investigation at least 28 times between April and November 2001. The officers' work through the Police Department led state prosecutors to dismiss more than 85 state felony drug cases, many from the same period. The latest disclosure raises questions about whether federal cases may have been tainted and if so, how many. Also Online !Fake drugs, real people: The evolution of a scandal. A News 8 timeline featuring in-depth ~ reformat!on, facts and figures. Thursday when asked whether federal drug cases had been tainted by the involvement of the officers, who are on paid leave with the Police Department. A spokeswoman for U.S. Attorney Jane Boyle, whose office prosecutes federal drug cases filed by FBI agents, also declined to comment. "We're not going to comment in any fashion to anything that you've asked about," said Kathy Colvin, a spokeswoman for the federal prosecutor's office. Police records show that the two officers requested overtime funds from a multiagency federal task force called the North Texas High Intensity Drug Trafficking Area program, or HIDTA. The group is made up of FBI, DEA and local narcotics officers from area agencies. 1/31/03 Page 2 of 3 Sources close to the case say Cpl. Delapaz and Officer Herrera and at least one of their informants worked at the behest of the FBI on at least one investigation. They bought mostly small amounts of drugs from suspected dealers in hopes of infiltrating higher into drug organizations. It remains unclear how closely they worked with FBI agents or whether their work led to any arrests. A major source of drug prosecutions is the Drug Enforcement Administration, which also contributes agents to HIDTA. Internal review Sherri Strange, special agent in charge of Dallas' DEA office, said her agency conducted an extensive internal review of drug cases early last year to determine whether any of the officers or informants ever participated in a DEA-controlled case, paid or unpaid. "They positively did not," Agent Strange said, adding that DEA agents once provided agents to support the two officers for one of their Police Department drug busts. Dallas police officials would not disclose details of the officers' federal work, saying it could hamper active drug investigations. Police documents show that on at least four occasions during their federal undercover work, the officers purchased cocaine but apparently made no arrests. Investigators routinely make such "controlled buys" to build larger cases or to bolster a court request for a wiretap. The officers also purchased an undisclosed amount of cocaine on April 19, 200 I. Purchases of 4 ounces of cocaine also were documemed on May 14 and June 5. The last known report was filed on Nov. 15 with a notation that Cpl. Delapaz had purchased 3.5 ounces of cocaine. By mid-November, Dallas police and Dallas County prosecutors were aware of mounting problems with major narcotics cases generated by the two officers and their informants in state cases. An internal police investigation began Nov. 30, and the FBI took over the inquiry in January at the request of District Attorney Bill Hill. In dozens of large felony-level drug seizures and arrests logged by the two officers during their work for the Police Department, lab tests revealed that the substances in many of the cases was not drugs but crushed gypsum, the primary ingredient in sheetrock and pool chalk. Authorities said that as many as 10 large drug seizures involved phony drugs, and about 14 others contained a sprinkling of real narcotics among larger amounts of bogus drugs. Many more cases were dismissed by prosecutors because of credibility questions about the officers and the informants. Those arrested were mostly low-income Mexican immigrants who spent months in jail awaiting trial. Some were convicted before their cases were overturned. The informants The civilian informants were reportedly paid more than $200,000 by the Dallas Police Department, their fees based on quantities of drugs they were responsible for removing from the streets. 1/31/03 Page 3 of 3 Those informants have pleaded guilty to federal civil rights charges and are cooperating with FBI investigators. Dallas police officials declined to comment about the narcotics division's activities because of the federal investigation. A federal grand jury is hearing testimony related to the fake-drug cases. Those who have appeared before the panel include some of the officers' colleagues in the narcotics division, patrol officers who have taken part in the arrests and informants now cooperating with prosecutors, sources said. Conflict of interest? Attorney William Nellis, who is representing one of the informants, said the officers' connection to the FBI drug squad raises a possible conflict of interest. "If the very agency that is supposedly overseeing this investigation - if they had a history with the same people at the same time that we're talking about - that's disturbing," he said. Former U.S. Attorney Paul Coggins said the FBI has ties with virtually every city and police agency in the country these days and can't be expected to recuse itself from investigating possible corruption. "It's a tough position to investigate departments they have worked with," he said. "But historically, they've done a good job with it, and frankly, there's no one else to do it." E-mail rtharp~dallasnews,com or tbensman~dallasnews, com Online at: http;llwww,da!lasnews,comllocalnewslstorieslO13103dnmetfakedrugs.9c75c, html *** eSafe scanned this email for malicious content *** *** IHPORTANT: Do not open attachments from unrecognized senders 1/31/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 31, 2003 9:40 AM To: update@nacole.org Subject: [NACOLE Update] Handcuffed man may get answers Jan. 30, 2003, lO:59PM Handcuffed man may get answers Officer indicted over mix-up By LISA TEACHEY Copyright 2003 Houston Chronicle When welder Edward Riley was hauled from his home by Harris County sheriff's deputies, handcuffed and put in a patrol car, he was at a loss to explain why. He had done nothing wrong and was soon released. But he said he never got a detailed explanation for the incident, and that the Precinct 3 constable's office and the Sheriff's Department, which had acted on a deputy constable's information, seemingly showed little interest. So Riley, 61, did what few citizens do. He took the case to a grand jury himself. And Thursday, its last day in office, the panel indicted Precinct 3 Sgt. Gerald Blankenship, 61, on charges of filing a false report to police, a Class B misdemeanor. The grand jury may never have even known about the case if Riley had not persisted. "It's unusual, but it's certainly an option," said prosecutor Tommy LaFon. "If you've got a complaint and law enforcement is unresponsive, the grand jury is an avenue available to you." After Riley contacted the panel, it investigated the incident for several weeks, sometimes asking LaFon to subpoena witnesses and advise it. On. Nov. 9, Blankenship allegedly told sheriff's deputies he saw an armed man go into Riley's home in the 900 block of West Stroker Sheriff's deputies surrounded the house, ordered Riley to come out, handcuffed him and put him in a patrol car until they figured out it was all a big mistake. Blankenship had not seen any armed man. He had received his information from a witness, LaFon said. To make matters worse, he said, the house in question was across the street from Riley's. LaFon said the mix-up on the houses was an "entirely innocent" mistake by Blankenship. He did not know Riley and there was no evidence he was singling him out. Blankenship's attorney Fred Keys said his client was trying to help a woman who reported her ex-husband was threatening her with a gun. 1/31/03 Page 2 of 2 "He was just acting in good faith, relying on what someone else had told him," Keys said. "It was obviously some type of misunderstanding. But there was no intentional falsity." Although Riley was held about five to 10 minutes, Keys said, Blankenship told the deputies immediately that Riley was not the man. The suspect had been described as a 25-year~old Hispanic. Until Thursday, Riley had been unable to sort out any of the events that led to that night. The Sheriffs Department blamed the deputy constable. The constable's office blamed the Sherifl's Department. Riley could not be reached Thursday, but in early December he told the Chronicle he was watching television in the living room when a flood of lights flashed through his windows. Then the deputies ordered him out. "They slammed me down, handcuffed me and threw me in the car," Riley said. For weeks, Riley tried to get an answer. The only one he got was from a Sam Houston State University criminal justice professor who suggested Riley take the case to a grand jury. Riley wrote the grand jury forewoman, who requested to interview him on Jan. 2. Based on that meeting the panel began investigating. "This was their investigation," LaFon said. In his 13 years with the district attorney's office, he said, he has never been involved in an independent grand jury investigation like this one. He said he wouldn't recommend everyone take Riley's route. "It's not the most effective or efficient way," LaFon said. "Because it occurred in a grand jury where the investigations are secret, there are a lot of things I can't tell Mr. Riley, the minutia important to him." Blankenship has been assigned to administrative duty pending the outcome of his case. 1/31/03 Page 1 of 2 Marian Karr From: Iris. Oones@ci.austin.tx.us Sent: Friday, January 31, 2003 9:41 AM To: update@nacole.org Subject: [NACOLE Update] Piano may limit use of fake guns i[]l Piano may limit use of fake guns 01/30/2003 By LEE POWELL / The Dallas Morning News Piano might soon become the second area city to strictly limit the public carrying of fake firearms. City Council members said they are concerned about possible safety problems created by fake guns that look so real they sometimes fool police. Piano police have had several instances in recent years - some in Plano schools - in which real-looking guns ended up being fakes. "Police officers have to make split-second decisions on deadly force," said Piano Police Chief Greg Rushin. "When facsimile firearms are involved, it makes it that much more difficult." Chief Rushin presented several recommendations for an expanded gun ordinance to City Council members this week. The proposed revisions would likely include a definition for so-called facsimile firearms, along with restrictions on who can carry them and in what ways. The chief said he is most concerned with how fake weapons are displayed in public areas. "The idea of this ordinance is to not take toy guns from children," he told council members. The council took no action at its meeting Monday; a revised ordinance will appear before the body for a vote at a future meeting. Plano's proposal comes on the heels of a similar ordinance change Carrollton made last year. In Carrollton possession of replica guns by minors was outlawed and it became illegal to use such fake weapons in a way that could cause alarm. Piano council members seemed to welcome Chief Rushin's recommendations, which grew out of a request made by Mayor Pat Evans to the Plano Police Department. "I think this is an important piece of work," Ms. Evans said. Plano's city ordinance currently prohibits firing BB and pellet guns inside city limits. Violating the ordinance is a misdemeanor, punishable by a fine. The law is silent on displaying these types of guns or facsimile firearms. As far as fake-looking guns, the Police Department is most concerned with weapons that include pellet guns, 1/31/03 Page 2 of 2 airsoft guns and replica guns. The revised law would allow exceptions for parades, police training and performances, for example. Council member Ken Lambert said he had questions about how the proposed restrictions might be put into effect. "It feels good; it's a great idea, but I don't know how practical it is as far as enforcement," he said. Chief Rushin said a public education effort would accompany the ordinance changes, an effort that would include the school system. Carrollton Police Chief David James said his department is phasing in enforcement of that city's ordinance as officers receive training. He expects enforcement to be minimal. "This in no way affects the concealed handgun law or anything to do with the possession of firearms at all," Chief James said. "We're talking about behavior. Behavior that causes alarm." Fake guns that look real have dogged law enforcement officials nationwide. Several people have been shot and killed by police officers after brandishing what later turned out to be fake weapons. Last fall, a Coppell police officer chased a child who was carrying a handgun that was later found to be a toy that fired plastic pellets. Charley Wilkison of the Combined Law Enforcement Associations of Texas said his organization has started to hear from officers about fake guns. "I've been told some departments are talking about it in squad rooms, briefings and training exercises," he said. No statewide legislation has been proposed to address the issue, but Mr. Wilkison said the association stands behind municipalities that choose to do so. "That a duly elected body determines what's right for their community, that's very appropriate," said Mr. Wilkison, CLEAT's political and legislative director. Mike Smith, owner of Lone Star Guns in Plano, does not deal in facsimile firearms, but he said he agrees with the proposed law change. "If parents would do what they're supposed to do, that ordinance wouldn't have to be written," Mr. Smith said. "I approve of that if parents won't keep them off the streets." E-mail lkpowell~dallasnews.com or call 214-977-6980. Online at: http:llwww.dallasnews.comllocalnewslstorieslO13003dnp!afakeguns.9bO5.html *** eSafe scanned this email for malicious content *** IHPORTANT: Do not open attachments from unrecognized senders *** 1/31/03 Page 1 of 6 Marian Karr From: Iris. Jones@ci.austin.tx. us Sent: Friday, January 31, 2003 9:43 AM To: update@nacole.org Subject: [NACOLE Update] Police Chief denies celelbrity treatment of Goodrich Chief denies celebrity treatment of Goodrich Bolton criticized for saying player should've been 'dragged down the street in handcuffs' 01/30/2003 By JASON TRAHAN / The Dallas Morning News Dallas Police Chief Terrell Bolton said this week that if he had had his way, Dallas Cowboys player Dwayne Goodrich would have been paraded in front of cameras after turning himself in following the hit-and-run deaths of two good Samaritans this month. The chief denied that the Police Department gave Mr. Goodrich celebrity treatment when it allowed him to return home after a meeting at his attorney's office with investigators to give a Terrell Ilolton statement about his role in the accident. The chief said police didn't have enough evidence after the incident to arrest him. Some people also have criticized the department for transporting Mr. Goodrich to a more discreet entrance at Lew Sterrett Justice Center during his arrest. Jacquielynn Floyd columns ~1 [ "As a police chief, I would have liked to 01/23: My treatment of an'ested Cowboy also draws outrage see him dragged down the street in handcuffs," Chief Bolton said Tuesday [] 01/17: Ask your jailer for the Dwayne special during a police academy for journalists. At one point, he restated the thought, adding that he would like to have seen Mr. Goodrich taken to jail "kicking and screaming." Police Department spokes~voman Janice Houston said the chief understood the remarks to have been made in confidence to 40 or so media representatives. There was no mention before or during the event that Chief Bolton's remarks were not to be made public. On Wednesday, Chief Bolton declined through Ms. Houston to elaborate on his statements. Ms. Houston said the chief did not want to prejudice the case with his opinion. 1/31/03 Page 2 of 6 ~' Reed Prospere, Mr. Goodrich's lawyer, said he doesn't think the chiefs comments would poison the jury pool in his client's case because "very few Dwayne Goodrich people in the city take him seriously." "It once again shows me how out of tune he is, not only with his department, but with the reality of how things work in the criminal justice system," Mr. Prospere said. "I just think it's sad when you've got good officers as you do in the city of Dallas that they have to work with irresponsible comments from an out-of-touch superior." Demont Matthews, 23, and Joseph Wood, 21, died after they were struck by Mr. Goodrich's BMW about 2:15 a.m. Jan. 14. The two men had pulled over on Interstate 35E to help a motorist trapped in a burning car after an earlier accident with a tractor-trailer cab. Witnesses told police that Mr. Goodrich's speeding car veered between the burning car and a concrete freeway wall, striking Mr. Matthews, Mr. Wood and a third good Samaritan who was treated for a broken leg. Mr. Goodrich, 24, told police that he was the driver and sole occupant of the car, according to court documents made public last week. He faces two counts of manslaughter and three counts of failure to stop and render aid. He is free on bail. Michael Linz, a la~vyer affiliated with the American Civil Liberties Union, said the chiefs comments were "wholly inappropriate." "Everyone accused is entitled to the benefit of the doubt," he said. "... [Mr. Goodrich is] presumed innocent until convicted. What a comment like this engenders is the 'perp walk,' which is a display of the defendant in front of the media." He praised the department's discretion in handling Mr. Goodrich. 'Td say what ... [Mr. Goodrich] received was common courtesy," Mr. Linz said. "I would like to see people who are not celebrities extended the same courtesy." Chief Bolton also said Tuesday at the seminar that he was frustrated with the timing of the hit-and-run accident. The day before the accident, the chief had unveiled an anti-speeding initiative that includes safety rides, in which officers in patrol cars drive side-by-side on busy freeways at the posted speed limit, forcing drivers to slow down. Lt. John Branton, head of the Dallas police traffic unit, said he has been surprised by the public criticism of the department in the hit-and-run case, given that detectives were able to get a written statement from Mr. Goodrich. "We think we've done some pretty good work here," he said. When Mr. Goodrich was taken to jail, Lt. Branton said, detectives were surprised by the number of media members awaiting their arrival. He said his detectives, unlike some others in the department, were not accustomed to the media attention and decided to enter a different way. "In the future, if we transport somebody, we'll just walk through the crowd," Lt. Branton said. "We'll just abide by ... [the Sheriffs Department's] rules." But he said he thinks transporting suspects through a crowd can be a security risk and cited Dallas' most famous 1/31/03 Page 3 of 6 case, in which club owner Jack Ruby killed the only suspect in the assassination of President John F. Kennedy during transport through the Police Department's basement. "We lost Lee Harvey Oswald in our sally port in 1963," he said. Staff writer Tanya Eiserer contributed to this report. E-mail j trahan~dallasnews.com Online at: http~//www.da!lasnews.com/!oca!news/stories/O13003dnmetbo!ton abce7.htm! Ask your jailer for the Dwayne special 01/17/2003 By JACQUIELYNN FLOYD / The Dallas Morning News I have never been arrested - knock on wood - but if that bleak day ever comes, I'll try to get an upgrade to Dwayne Goodrich-level service. It never hurts to ask. Dallas police spokesmen and Mr. Goodrich's very able lawyer have insisted repeatedly that the accused, a lackluster performer for the Dallas Cowboys but a Cowboy nonetheless, received no preferential treatment during his arrest late Tuesday. He was taken into custody with a minimum of fuss and embarrassment about 20 hours after his speeding BMW plowed through an accident scene, killing two guys ~vho were trying to help out. Since Mr. Goodrich didn't bother to stop after killing two people and injuring a third, it's not entirely clear exactly when police knew who they were looking for. By the time they did, though, everybody was behaving with extraordinary civility. Investigators went to meet with Mr. Goodrich at his attorney's office and took his statement there, instead of hauling him down to the station. They negotiated a mutually convenient time for him to surrender for arrest - 10:30 p.m., perhaps coincidentally too late to make the evening newscasts. Officers who drove Mr. Goodrich from a substation to the Lew Sterrett Justice Center for booking thoughtfully shielded him from the nosy throng of TV and newspaper photographers waiting for him to get there. Rather than subject him to a humiliating "perp walk" in handcuffs in full view of media assembled at the jail's usual entrance, the police cruiser carrying Mr. Goodrich backed up the ramp and hustled around to another, more discreet entrance. Say what you will about being busted, but treatment that courteous sure helps take the sting out. Police spokeswoman Janice Houston conceded Thursday that one of the investigators handling Mr. Goodrich's case filed a "hold" form that alerts transferring officers when an arrestee is supposed to be shielded from public view. That procedure, she said, is used in cases where publicizing the arrestee's face or identity might jeopardize the 1/31/03 Page 4 of 6 case - say, in an instance where witnesses may later have to pick a suspect out of a lineup. Those circumstances, Ms. Houston agreed, did not apply to Mr. Goodrich. "The DPD does not have a policy of making agreements" to protect celebrity arrestees from the media, she said. "Did one officer make a judgment call here? Probably." I have absolutely no quarrel at all with police having the discretion to handle many aspects of their jobs as they see fit. In deciding who can be trusted to surrender on schedule and who can't, they're usually right on the money. Trying to use identical procedures to make every arrest would be cumbersome, if not downright impossible. But to insist that, say, a bricklayer from Pleasant Grove would have gotten exactly the same generous treatment as Mr. Goodrich is just patent nonsense. Everybody who gets arrested isn't famous, isn't subjected to the same high level of public scrutiny, can't afford to hire one of the most prominent defense lawyers in town before even talking to the cops. I just wish there were something about this miserable case that didn't live down to the shabbiest, most sordid stereotype: rich professional athlete in a flashy luxury car driving recklessly after an evening of topless club entertainment involved in a fatal hit-and-run. I don't guess it would make much difference if Mr. Goodrich had been driving a Ford Taurus, if he had spent the preceding hours reading books at the public library or calling the numbers at charity bingo. I don't suppose that if he had had the sense and decency to stop after running over what he later said he thought was "debris," his victims would be any less dead. I doubt that it would make much difference in the end if he had not had the soothing advice of a professional agent and the excellent counsel of an expensive lawyer. There is no way to be certain, of course, whether alcohol might have played a factor in the case - 20 hours after the fact renders that question moot. It wouldn't have made much difference to the case if the cops had hauled him downtown to take his statement and led him in handcuffs through the same door that ail the burglars and crackheads have to use. But the story would at least have been a little less sad and predictable, would have provided a little less fodder for our most cynical suspicions. As it is, just remember what to ask for the next time you're arrested: 'TII have Dwayne service, please!" Online at: httj~llwww.dallasnews~oml!ocalnewslcolumnistsljflo~ydlstoriesl011703dnmetfloyd.73530.html My treatment of arrested Cowboy also draws outrage 01/23/2003 By JACQUIELYNN FLOYD / The Dallas Morning News It's always nice to hear from folks, but I really whacked the beehive with a big stick last week in writing about Dwayne Goodrich. He's the Dallas Cowboy who received especially considerate treatment from the Dallas Police Department when he was arrested last week, about 20 hours after a double-fatality hit-and-run wreck for 1/31/03 Page 5 of 6 which he has admitted responsibility. Bad behavior by professional athletes is a racy-nerve topic, and it hits especially close to home in the case of the Cowboys. With them, as my gifted colleague in our sports department, Kevin Sherrington, wrote last week, "The good and the bad always went hand-in-hand ... and sometimes the good lost its grip." Readers who felt, as I did, that Mr. Goodrich received some generous breaks from the Police Department - his surrender was negotiated for a mutually convenient hour, and he was shielded from media cameras when he was booked into jail - are particularly incensed. Also Online · A woman whose husband was arrested after forgetting to pay a [] I Hair, blood found on Goodrich's car ticket last year wrote that "paperwork" delayed his release for hours after she had paid his fees. "My husband was guilty of not paying a speeding ticket and it took over 12 hours to get him home," she said. "Goodrich killed two people and he is out in four hours. This isn't special treatment?" Others offered stinging descriptions of Dallas Cowboys who have had run-ins with the law, including "pampered sub-class," "overpaid group of undesirables," and, rather poignantly, "fragmented individuals hiding under the facade of their occupation, still looking to be real." Sentiments like those probably accounted for about two-thirds of the dozens of messages I received about Mr. Goodrich. A sizable minority, however, boxed my ears soundly over what I said and the way I said it. Many readers made the point that a suspect less famous than Mr. Goodrich would not have been shielded from the media because there would have been no media present to shield him from. "I'm sure there could have been some preferential treatment to Mr. Goodrich, but that goes for anyone with celebrity, fame or money," wrote a lady in Bedford, who made a sensible and well-reasoned argument. "The media and the general population wouldn't watch if the criminal was a 'nobody.'" "The press has made this a feeding frenzy," said another message, and yet another reader said that in a news story about the arrest that ran last week, she counted the terms "Dallas Cowboy," "football player," and "BMW" four times each. "If he had been employed by Wal-Mart, would he have been identified as a 'stocker' four times?" she asked. Perhaps not, but famous people - good or bad, and by definition - are in the public eye. When they break the law, they're going to receive scrutiny, and the ~vay the law treats them ~vill be closely watched as well. That's a given in a culture that celebrates fame as much as ours does. A few people just wanted to give me an earful about the general tenor of my sentiments, which some seem to find a little, well ... snarky. "The Last Thing this situation needs is some 'Cutesy' Miss Media Type trying to get some attention with a third- rate tongue-in-cheek column like You wrote this morning. They need to put You back on 'Office Clean-Up' detail until You learn a little more about Life," said one irritated correspondent, in whose random capitalization 1/31/03 Page 6 of 6 I am still trying to divine hidden meaning. "I find no humor in your danm article," one guy said - fair enough, I thought, until I got to the vulgar epithet at the end of his message. Another said that my reference to Mr. Goodrich's BMW makes it "obvious you are jealous with the wealth that Dwayne has" (We could all use more spending cash, but for the record, I'm happy with my Honda). And some people, of course, simply felt that media attention should be focused on the two young men who were killed in the accident, the victims Mr. Goodrich struck as they were trying to help another injured driver out of a burning car. And that, of course, is the greatest tragedy of this whole situation. But a secondary tragedy is the loss of respect that stories like this one have cost athletes in general, and the Dallas Cowboys in particular. "I remember when the Cowboys were looked up to as role models for kids," one lady said ruefully. "It's really sad that this is not the case anymore." Online at: ht!p:~www~da~asn~ws~m~a~news~c~umnists/j~yd~t~ri~s~123~3dnmet~yd.58~13~htm~ *** eSafe scanned this email for malicious content *~* *** IMPORTANT: Do not open attachments from unrecognized senders 1/31/03 Page 1 of 1 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 31, 2003 9:46 AM To: update@nacole.org Subject: [NACOLE Update] Raid's toll on Houston Police DepaAment Jan. 30, 2003, 10:51/IM Raid's toll on HPD The Houston Police Department disciplined 32 officers -- including 14 supervisors -- for last year's mass arrests. All the suspensions starting this week are without pay. Officers' names were not released publicly. Capt. Mark Aguirre: fired. Sgt. Ken Wenzel: resigned. One assistant chief: seven-day suspension. One captain: two written reprimands. One lieutenant: demoted to sergeant. One lieutenant: two written reprimands. Three sergeants: 84-day suspensions. One sergeant: 49-day suspension. One sergeant: 28-day suspension. Three sergeants: seven-day suspensions. One officer: 30-day suspension. Eight officers: One- to eight-day suspensions. Nine officers: Written reprimands. I/31/03 Page 1 of 3 Marian Kart From: Iris. Jones@ci.austin.tx.us Sent: Friday, January 31, 2003 9:47 AM To: update@nacole.org Subject: [N^COLE Update] Houston Police Department's Aguirre claims he was used as scapego at ,Jan. 30, 2003, 1.'487M HPD's Aguirre claims he was used as scapegoat By KRISTEN MACK Copyright 2003 Houston Chronicle The Houston police captain who ordered the arrests of 303 people at westside raids was fired Wednesday, ending a five-month investigation that tarnished the careers of 32 officers and cost the department $123,000. Acting Police Chief Tim Oettmeier announced Mark Aguirre's firing during his report to City Council on the August raids targeting drag racing. He said 31 other officers were disciplined. "The intentional bad acts of a certain few were exacerbated by an ignorance of the law, ineffective management, lackadaisical supervision and just plain sloppy police work," Oettmeier said. In Aguirre's first public comment since late August, he lambasted Oettmeier and the Houston Police Department, saying they made him a scapegoat for a dysfunctional department. "They treated me like a department pifiata," Aguirre said. "This department is hopelessly corrupt, and this is a grotesque charade posing as justice." Aguirre, indicted on five counts of official oppression in connection with the raids at the Kmart and James Coney Island parking lots, had been suspended since August. His lawyer, Terry Yates, said Aguirre will be exonerated at his trial and will prove that he followed procedure and did nothing illegal. "What we ~vitnessed was nothing more than the political lynching of Aguirre, and they used Oettmeier as the henchman," Yates said. Aguirre's firing came a day after Sgt. Ken Wenzel, also indicted on five counts of official oppression, announced he was resigning rather than possibly face termination. Wenzel, from the South Central Patrol Division, quit just hours before a scheduled hearing with Oettmeier on Tuesday. The Aug. 18 raid at the Kmart in the 8400 block of Westheimer was plam~ed to target drag racers. When no racers were found, officers arrested 278 people on charges of trespassing and curfew violations. Another 25 were arrested the night before at the nearby James Coney Island. Andrew Innerarity / Chronicle With the portraits of past Houston police chiefs in the background, fired HPD Capt. Mark Aguirre leaves police headquarters on Wednesday. sparked a public uproar, and all the charges were dismissed and are being expunged at the city's expense, which 1/31/03 Page 2 of 3 could cost $165,000. Several lawsuits have been filed against the city and HPD. "It would have been impossible to prove any of the criminal cases in court," Oettmeier said of the raids. "There was a blatant disregard of policy and procedures." The game plan Aguirre executed was not approved by the assistant chief, Oettmeier said. Officers herded people with Iittle guidance and did not ask non-customers to leave or face arrest, as the law requires, he said. Another 30 officers involved in the raids have been disciplined -~ ranging from demotions, suspensions and ~vritten reprimands. Oettmeier said those officers were disciplined because of their conduct, including the way they treated people and their responsibility to know laws and procedures. THE FALLOUT · Residents arrested: 303. AIl charges were later dropped. · Police supervisors disciplined: 14. · Officers disciplined: 18. · Officers indicted: 2. Capt. Mark A. Aguirre, who ordered the raid, and Sgt. Ken Wenzel were indicted on five counts each of official oppression. · Officers fired: 1. Aguirre was fired Wednesday. Wenzel quit Tuesday, hours before a hearing to determine whether he should be fired. · Cost of police investigation: $~23,000, · Kmart: The Kmart Super Center at 8400 Westheimer, where most of the arrests were made, is to close in March as part of Kmart'5 widescale financial troubles. superior's orders. Hans Marticiuc, president of the Houston Police Officers Union, said officers who question orders are suspended on the spot. "It's well established that you don't question authority in this department," he said. "This department is .... managed by discipline. There is no room or toleration for questioning authority." Officers who went on the raids followed what they believed to be lawful orders, Marticiuc said. Even those who questioned the legality ahead of time were assured the plan was sanctioned and that the higher-ups would support them, he said. "The city is covering its behind on the backs of officers," Marticiuc said. "The department, as well as the city, is looking to limit liability. What we're looking for is leadership to take us out of this rut we appear to be in." Oettmeier conceded there is a fine line between questioning an order and directly disobeying it, and that there is no template on how to handle a situation. While council members thought Oettmeier handled himself well and took responsibility for the debacle, they feel it is important now to create department policies to ensure this isn't repeated. "We have not established a procedure, and you have to do that to protect your rank-and-file officers, otherwise you force them to make subjective judgments that are open to political criticism and that's no way to police," Councilman Michael Berry said. 1/31/03 Page 3 of 3 After the raids led to the largest internal investigation in HPD history, Oettmeier acknowledged that officers are looking for direction from management. Councilman Gabriel Vasquez said the probe suggested there is a systemic problem in HPD. "Somewhere there was a breakdown in the accountability system of control," he said. It will be up to Police Chief C.O. Bradford to establish follow-up procedures and make corrective actions, Oettmeier said. Bradford, acquitted last week of aggravated perjury charges in an unrelated matter, was on leave during most of the investigation. He was reinstated, but has been on vacation since, leaving Oettmeier to deliver the news to council. Bradford had no part in the disciplinary decisions, Oettmeier said. "I have some sense of relief that the investigation is closed, but there is a significant aftermath we have to deal with," he said. "It's premature how to suggest we are going to remedy it." 1/31/03 Marian Karr From: malvina Monteiro [monteiro@diplomats.com] Sent: Friday, January 31, 2003 9:48 AM To: update@nacole.org Subject: [NACOLE Update] State cop put gun in wife's mouth Officials: State cop put gun in wife's mouth by Dave Wedge Friday, January 31, 2003 A respected state police sergeant and former spokesman for the department jammed his gun into his wife's mouth during a heated domestic squabble that has landed him on the wrong side of the law, officials and sources said. ''He had a gun. He wielded it against the woman, including putting it in her mouth,'' Norfolk District Attorney's Office spokesman David Traub said of the charges against Sgt. Tim White. White, a trooper since 1987, was arrested at his Stoughton home by local cops responding to the fracas at 11:30 p.m. Monday. Traub said the incident occurred inside the house and that a woman called police reporting the assault. White faces charges of assault and battery with a dangerous weapon, but more offenses could be added. Police seized the handgun allegedly used in the attack as well as other guns in the home, Traub said. White, 39, was being held without bail last night. A dangerousness hearing was slated for this morning at which prosecutors were expected to ask for him to continue to be held. A restraining order has been issued ordering the trooper to stay away from the victim should he be released from jail. White served in the state police's public relations unit for four years and recently shifted into narcotics inspections at the Framingham barracks. Among his duties in that unit were securing evidence and destroying drugs after court cases have been closed. State police spokesman Lt. Paul Maloney said White has been placed on paid administrative leave pending an internal hearing Monday. ''We're aware of the allegations and the charges. We'll be monitoring the case,'' Maloney said. One trooper who requested anonyTaity said those who know White are ''shocked'' by the allegations. ''He's an excellent cop,'' the trooper said. ''He's well thought of by everyone who knows him. People are very shocked by the charges.'' ! White's lawyer, Tim Burke, said he planned to oppose the prosecution's efforts to hold the trooper without bail. Burke said White has an unblemished record and no history of violence - on or off the job. ''These cases are a tragedy. Particularly where there has been an exemplary record within the department,'' Burke said. ''These are very personal issues.'' Copyright by the Boston Herald and Herald Interactive Advertising Systems, Inc. No portion of BostonHerald.com or its content may be reproduced without the owner's written permission. Privacy Commitment eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 4 Marian Karr From: Suelqq@aol.com Sent: Sunday, February 02, 2003 9:53 PM To: Update@NACOLE.org; garybonner@cox.net Subject: [NACOLE Update] LA: Bratton Testing "Broken Windows" Strategy in Policing http://Www~~atimes~c~m/news/~~ca~/~a-me-revive2feb~2~~~5573932.st~ry?c~~~=!a%2Dhead~ines%2 Dcalifornia LAPD Tests New Policing Strategy Chief picks three areas as proving grounds for his 'broken windows' system to fight crime. By Richard Winton and Kristina Sauerwein LATimes Staff Writers February 2 2003 As the symbolic gateway to Los Angeles, Hollywood Boulevard is ground zero in the new battle against crime and urban blight. Los Angeles Police Chief William J. Bratton has chosen the area as a proving ground for his new policing strategy, which holds that maintaining public order is at least as important as solving crimes and that attacking Iow-level offenses can reduce fear and prevent more serious offenses. Bratton selected the Hollywood strip, MacArthur Park and downtown's skid row as his first targets. Step by step, the Los Angeles Police Department has been introducing the "broken windows" system he used as New York's top police officer. Even before the program is fully geared up, the LAPD reports crime has begun to drop, following the pattern in New York, which experienced double-digit declines on Bratton's watch. In Los Angeles, Bratton has not picked easy proving grounds. Hollywood has two-thirds of all prostitution arrests in the city. Skid row is home to the largest concentration of homeless and is in the LAPD division that logged more drug sales arrests than any other last year. The city already has spent millions trying to clean up MacArthur Park, in the middle of a poor, overcrowded, crime-plagued neighborhood. "Parks are essential to the quality of life in a city," Bratton said. "If the small things are left undeterred, they turn into big things. So the homeless take over a portion of the park. Drug dealers follow. Drug dealers beget violence. It then begins to affect the whole business area and businesses begin to die." A broken window signals that no one cares, the theory goes. Graffiti, vandalism and prostitution foster fear, and more serious crime follows. "What people see every day generates so much of their fear. Graffiti, homelessness and drug dealers. That's what drives people out of the cities," Bratton said. "It's all about quality-of-life issues." The LAPD is developing precise plans for controlling graffiti, public drinking, prostitution and street drug sales. Some of the plans require legislation and will not be complete until spring. But police believe they have begun to make progress, citing a crime drop in the park and other improvements. In a series of interviews, Bratton and subordinates offered some hints of what may still come: the possibility of locking the park after dark, of gathering the homeless within skid row to better control them at night and a new offensive against the customers of prostitutes in Hollywood. In New York, Bratton cracked down on people who wiped windshields without invitation, then asked for money, when drivers stopped at red lights. "The squeegee pests were symbols of fear and lack of police control and disorder," he said. "The equivalent in downtown is begging. Some of it's benign. But it raises the degree of discomfort for the average person." 2/3/03 Page 2 of 4 Along Hollywood Boulevard, Bratton's plans have encountered a receptive audience. "Chief Bratton's approach makes sense," said Kerry Morrison, executive director of the Hollywood Entertainment District, a business improvement group. "Anyone who has seen the changes in areas where quality-of-life crimes have been the focus knows that." Hundreds of millions of private and public dollars have been invested in development of the Hollywood & Highland shopping and entertainment complex, in the new Kodak Theatre and the revival of landmarks such as the Egyptian Theatre. But the area is still a magnet for the homeless, and narcotics sales are still a major concern. At night and sometimes during the day, dealers and their lookouts can be seen working on corners, such as Cahuenga and Hollywood boulevards. Bratton, who lives nearby, frequently visits crime scenes there. Los Angeles City Councilman Eric Garcetti, who represents part of Hollywood, said drug dealers, prostitution and gang activity are the main problems, and Bratton is moving in the right direction with foot beats and other forms of proactive policing. "We have the right formula, but we need people," Garcetti said. LAPD Capt. Michael Downing is Bratton's point man in the Hollywood cleanup effort, the man whose job it is to make sure things don't go wrong. The kind of risk-taker and innovator whom Bratton encourages, Downing, as commander of the Hollywood Division, launched Operation Restore Hollywood shortly before Christmas. Narcotics and gang officers joined with a county interagency anti-drug task force, parole officers and a neighborhood prosecutor to pursue the pushers, many of whom work for the notorious 18th Street gang. Downing was acting on the chiefs philosophy: Bust a drug dealer or snag a tagger and you also may catch a killer. Officers believe they have affected more than drug sales. "Robberies are down 60%," Downing said. Officers now regularly check up on parolees by looking for their names on hotel registers, something not done before. And street prostitutes on Sunset Boulevard also are in the sights of police. A new ordinance lets the LAPD seize and sell vehicles used by motorists while soliciting. "If you come to Hollywood to buy drugs, pick up a prostitute or race your car, we'll take you off your wheels and put you on your heels," Downing said. The MacArthur Park neighborhood is another gateway: The two-square-block park, with its picturesque boat lake, sits in a neighborhood that has become home to many recent immigrants from Central America. The city pumped $2 million into the park, a face lift that produced a refurbished playground and other improvements. But solicitors still hawk fake IDs, drug dealers lounge beneath the shade of the palm trees and gang graffiti mar trees. Prostitutes roam the park, and light fixtures have been vandalized. Officer Alex Bautista can point to each of the corners of the park, named for World War II and Korean War leader Gen. Douglas MacArthur, and identify the gang that claims it. Police are struggling to enforce an after-dark curfew. At Bratton's suggestion, bike patrols are cycling through the park, and a special squad car has been assigned there. Court orders have been issued banning individuals from the park. A platoon from the elite Metropolitan Division patrols the park daily, concentrating on quality-of-life crimes. The effort has produced a 50% decrease in crime in the last two months, said Capt. Douglas S. Shur. The LAPD declined to provide more details on that decline. A night curfew on the homeless was enforced in New York's Central Park during Bratton's tenure, said Bill Bayer, the retired officer who oversaw policing there. But police also helped organize classes and events during the day for the 2/3/03 Page 3 of 4 homeless. When muggers preyed on members of the gay community, Bayer said, he enlisted gay activists to form a watchdog group. The result was a significant drop in assaults and other crimes, he said. "Fill the park with activities, a business improvement district around it. The police cannot do it alone," said George Kelling, the criminologist and co-author of the groundbreaking 1982 essay "Broken Windows," published in the Atlantic Monthly magazine, which popularized the approach to policing that Bratton has embraced. Kelling, now a consultant for Bratton, said some residents and merchants have asked for a fence around the 32-acre park. Nowhere in New York, Bratton said, was the task as daunting as he faces at skid row. While New York's homeless population was mostly in the subways, in Los Angeles pup tents, blankets and cardboard boxes pack downtown sidewalks after dark. As many as 5,000 people live on the 50 square blocks that are just minutes from City Hall. For a generation, the city's homeless - many with mental illnesses and addictions -- have been concentrated in skid row rather than diffused, as in New York, Bratton said. The city needs more housing, Bratton acknowledged, but the police are paid to control behavior. "You don't focus on the condition of homelessness," Bratton said, "but on the behavior that is illegal or abhorrent, or if it is not illegal, it's somewhat offensive to normal sensibilities." To that end, although they were planned before Bratton took office, the new chief embraced two massive sweeps of skid row in November. Scores of officers from the LAPD's Central Bureau worked with federal, state and county officers in the operation. An analysis of the resulting 185 arrests shows that violent, dangerous criminals were taken off the streets. Those arrested included parole violators and fugitives, as well as convicts with multiple offenses such as rape, incest, armed robbery, burglary and assault. A Times analysis shows that parole violators made up most of the arrests, a majority of which were of people who had been convicted of drug offenses. In addition to the 185 arrested, 100 people were issued citations, mostly for minor infractions. One of those captured had been convicted of raping a homeless woman in a skid row hotel room. That arrest highlights the fact that most of the victims of skid row violence are those who live there, police said. In 2002, aggravated assaults in the neighborhood jumped from 768 to 871. The LAPD is seeking new legal tools to deal with the problems of aggressive panhandling, camping on sidewalks and public defecation. "We cannot have a tent city in public spaces," said Carol Schatz, president of the Central City Assn., an association of downtown businesses. Schatz said encampments of the homeless are not tolerated anywhere else in Los Angeles. Opponents say that, until a city can guarantee housing for all, criminalizing simple acts of survival would be immoral. 'Tm all for getting crime offthe street ... but putting homeless people in jail is not the answer," said Mark Casanova, executive director of Homeless Health Care Los Angeles, a downtown nonprofit that offers people shelter, education and substance abuse treatment. "It appears that Bratton is acting on behalf of businesses." In May, the City Council approved $2.4 billion for redevelopment projects across downtown, designed to spark a revival by providing subsidies to commercial and residential real estate developers. "Cleaning up skid row won't just benefit developers, it would benefit the entire community," said Kelling, the criminologist. "A street culture has developed there where almost anything goes. It is not good for anyone, including those economically deprived. 2/3/03 Page 4 of 4 "The high moral ground doesn't rest with those who think these people should be encamped on the sidewalks." Some academics and policing experts are skeptical that Bratton can repeat the New York experience on the West Coast. Some argue that the economy and the cyclical nature of crime deserve just as much credit for the Big Apple's success. Others say that even the weather conspires against him: mild weather, compared with harsh winters, means the homeless are more resistant to placement in shelters. James Q. Wilson, the emeritus professor at UCLA who originated the "Broken Windows" strategy, said looming in the background is the real problem facing the LAPD: a lack of resources, with no relief in sight, given the local and state budget crises. "1 think it will affect how people feel about their neighborhood for the better. If you can prove that a strategy works in these places," Wilson said, "then maybe the politicians will come up with money" to make real improvements. 2/3/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Monday, February 03, 2003 5:59 AM To: update@nacole.org Subject: [NACOLE Update] Berkeley CA - Activists allege misconduct by Berkeley cops This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP {Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLDB7L; Mort, 3 Feb 2003 09:06:19 -0600 Received: through eSafe SMTP Relay 1044104079; Mort Feb 03 09:08:30 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18fiSf-0008IR-00; Mon, 03 Feb 2003 09:04:01 -0600 Received: from hawk.mail.pas.earthlink.net ([207.217.120.22]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18fhxl-0007ps-00 for update@nacole.org; Mon, 03 Feb 2003 08:52:45 -0600 Received: from dewey.psp.pas.earthlink.net ([207.217.78.219]) by hawk.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18fhzj-0004sY-00 for update@nacole.org; Mon, 03 Feb 2003 06:54:47 -0800 Received: from [207.217.78.201] by EarthlinkWAM via HTTP; Mon Feb 03 0 6:54:47 PST 2003 Message-ID: <2701843.1044284087914.JavaMail.nobody@dewey.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Hail version 3.0 Subject: [NACOLE Update] Berkeley CA - Activists allege misconduct by Berkeley cops Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Mon, 3 Feb 2003 06:59:10 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain iowa-city.org X-AntiAbuse: Originator/Caller UID/GID [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Posted on Mort, Feb. 03, 2003 =20 Activists allege misconduct by Berkeley cops CRITICAL MASS LAWSUITS STEM FROM SIX 2000-2001 BIKE RIDES By John Geluardi Contra Costa Times A group of Critical Mass bicycle riders has filed four lawsuits agains t he Berkeley Police Department alleging a variety of misconduct, includ ing- false arrest, improper confiscation of property and excessive force. In the suits, filed in U.S. District Court, the plaintiffs are asking for= damages that range from $50,000 to $8 million. According to Critical Mas= s attorney Larry Hildes, the police misconduct occurred at six Critica 1 M= ass rides between September 2000 and August 2001. ''We are hopeful the city of Berkeley decides to settle this case for an = amount substantial enough to ensure the city prevents this type of pol ice behavior in the future,'' Hildes said. Among the eight plaintiffs' accusations are excessive force with a bat improper seizure of bicycles and other equipment and false arrests. D uri= ng an event in February 2001, the group alleges, police arrested bicyc le - activist Ryan Salsbury, handcuffed him, put him in the back of a polic an without securing him with seat belts and then drove down the steps of = Sproul Plaza. A Berkeley police spokesman said department officials cannot comment o n p= ending litigation. Page 2 message.txt City Attorney Manuela Albuquerque discussed the lawsuits with the city co= uncil last week during a closed meeting. Albuquerque declined to discu ss the pending litigation publicly, but Councilwoman Linda Maio said the cou~ ncil will review reports and videotapes of the incidents compiled by t he - Police Review Commission. The council will discuss the suits again dur ing= a closed session in mid-February. At that time, the council could decide to settle all or some of the su its- or choose to challenge them in court. Three of the plaintiffs filed complaints with the Police Review Commis sio= n. The panel sustained many of the allegations against police after in ter= viewing officers, demonstrators and witnesses. In addition, the commis sio= n reviewed videos recorded by police and demonstrators. The review board is an advisory body with no ability to take punitive act= ion against police officers. Plaintiff Jason Meggs, a longtime Berkeley bicycle activist, addressed th= e council before it went into closed session. ''It was a hard decision to bring these suits, but there has been a 10 -ye= ar pattern of police misconduct that really must stop,'' he said. ''Th is = is an issue of free speech and civil rights. The impact of police beha r has gone a long way to silence activists.'' Critical Mass has been an ongoing demonstration in more than 50 U.S. c iti= es.. Each ride has its own distinct identity, but all are organized to pr= omote the use of alternative transportation and protest the overuse of rbon monoxide-emitting vehicles. Page 3 message.txt Critical Mass rides hare been a regular event in Berkeley for 10 years T= he rides begin at the downtown BART station and follow a different rou te each month. The events are usually peaceful. =20 -C2=A9 2001 mercurynews and wire service sources. Ail Rights Reserved. http://www.bayarea.com=20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 4 Page I of 4 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Monday, February 03, 2003 12:46 PM 1o: update@nacole.org Subject: [NACOLE Update] Police and Prosecutors May Never Agree on Who Began Jogger Attack I[~] The NewYork Times ! I [] Sponsored by Starbucks I I ' February 2, 2003 Police and Prosecutors May Never Agree on Who Began Jogger Attack By JIM DWYER boils down to a single question: Who started the attack? Did a lone predator, Matias Reyes, strike the victim, drag her fi'om a road in the park and then rape her entirely by himself, or did a gang of teenagers actually begin an assault that Mr. Reyes brutally finished? That question may never be answered to universal satisfaction, given the fiercely contrary positions of the police and prosecutors. By now, many people who are worn out or bewildered by the dispute are taking shelter in the all-purpose conversation-ending declaration that no one will ever know what really happened. Maybe that is true, but a little-noted documentary record does exist of the very first moments of the attack: the impressions captured in soft grassy ground cover, just off the spot on the road where the jogger was first knocked down. From the road, she was dragged across that ground cover into the seclusion afforded by the spindly trees of early spring. About nine hours after the attack, as part of a meticulously documented effort, a crime scene detective measured and photographed those drag marks, His work showed a skinny trail, 40 feet long and about 16 to 18 inches wide. (That is slightly wider than a single page of this newspaper, which is just over 13 inches.) At a trial in 1990, the detective, Robert Honeyman, was asked if there were "any disturbances" outside the drag marks. "Yes," the detective said, indicating an area to the right. "That was caused by us walking back and forth." Down the path of drag marks, someone -- or several someones -- pulled the 105-pound jogger. The narrow trail in the grass marks a moment in the crime, and in the view of prosecutors, stands for a moment of truth. But to a special police panel that re-examined the case, the trail reveals nothing particularly important. The trail can be seen as the spine of an angry debate between the police and prosecutors over what actually happened on the evening of April 19, 1989, and the fundamentally different ways they have tried to answer 2/3/03 Page 2 of 4 questions about the case. Beyond the matter of whether one attacker or many were involved at the beginning of the assault, the police and the prosecutors do not agree that anything useful can be learned by comparing the statements of the suspects with physical details of the crime. To prosecutors, the path "appears to be more consistent with a single attacker dragging an inert form than with a group," Nancy Ryan, the chief of trials in the Manhattan district attorney's office, wrote in a court filing. In that analysis, then, the physical evidence conforms with Mr. Reyes's account that he was the lone attacker. The police panel has another theory entirely. In a version described last week, at least five teenage boys began a frenzied attack on the road and then dragged the jogger into the woods, where Mr. Reyes either joined or followed them. The panel argues that nothing in Mr. Reyes's account can be corroborated, and that since he is the author of many monstrous crimes, he should not be believed. The narrow dragging path is not dealt with in any fashion in the police report, which offers no explanation of how a group of five or more unregimented teenagers could have hauled the victim from the road into the woods without leaving more of a trail. The ground cover was pliant enough that night to show not only drag marks from the victim's body, but also footprints from detectives. "We focused on that at one point, and then we didn't follow it up," said Michael F. Armstrong, a private lawyer and a former prosecutor, who served on the panel at the request of Police Commissioner Raymond W. Kelly. "If it's wide enough for one person to drag a body, and the others followed behind, so what? We didn't bother to address it, because it didn't seem to be a major point. Ye gods, we're not Sherlock Holmes. If the other people pranced along beside, or followed in the path, you wouldn't have any drag marks." Mr. Armstrong added, "To say that it was only one person, I just don't see it." After the prosecutors said in December that the slender path was significant, the original crime scene detective was interviewed for the police inquiry. According to Mr. Armstrong, the detective said he had seen other signs of disturbance on the ground, including evidence of several different types of footwear -- suggesting that there was evidence of many people moving along that ground. These marks, however, were not documented in the detective's crime scene report, and were not mentioned during the portions of his 1990 trial testimony that deal directly with disturbed ground. A detailed review of the final reports shows that the police and prosecutors disagree on nearly every aspect of the case: the credibility of Mr. Reyes's account, the plausibility of the original confessions, the sequence of events and the meaning of laboratory tests conducted this year. The disputes border on metaphysical: each side puts different weight on issues of time and space, on the importance of knowing when and where the attack took place. The prosecution argues that the teenagers knew virtually none of those details about the attack. Mr. Armstrong's panel holds that mistakes in their confessions reflect the uuremarkable confusion of teenage criminals, and do nothing to improve the credibility of the Reyes version. He, too, made errors about aspects of the attack, the police point out, although they do not dispute that DNA shows he raped the woman, and his history of violence strongly suggests that he is the one who nearly killed her with a rock. Mr. Armstrong said that even though certain hairs collected from the clothing of one defendant were found recently to contain none of the jogger's DNA, they still might have come from her head. Results of those tests were categorized as "inconclusive" under strict laboratory requirements that there be enough DNA to repeat the test. Even so, those tests, said the chief assistant district attorney, James Kindler, "for all practical purposes 2/3/03 Page 3 of 4 refuted" the only physical evidence linking the original defendants to the victim. This analytical war commences with the opening moments of the attack -- whenever that moment was. Timelines have been declared unilluminating by the police panel, even ones based on sworn testimony, telephone bills, pace-clocks of professional bicycle racers in the park, 911 calls and arrest records. The reason, Mr. Armstrong said, is that even though the jogger was seen leaving home at 8:55 p.m. and was due back at 10 p.m. for an appointment, no one knows for certain if she followed her normal route before reaching the point where she was attacked. Moreover, Mr. Armstrong said, the district attorney agreed that the timelines were no help. Not exactly, says the district attorney's office. Paragraph 98 of its recent court filing states that "the timing of events made it hard to understand when" the original five defendants could have attacked the jogger. The violence against the jogger had to start some time, with someone. According to the prosecution, Mr. Reyes said he started it by trailing the victim across the 102nd Street crossover drive in Central Park, picking up a heavy stick, and then clubbing her on the back of the head. Then, he said, he dragged the stunned jogger across the grassy area, and toward a less-public spot. Blood was found in each area described by Mr. Reyes. When the woman started to regain her wits, Mr. Reyes said, she held the back of her head with her right hand. At some point, the jogger fled 200 feet deeper into the woods, where Mr. Reyes brought her down again. That is where her clothes were found, and where 75 percent of the blood in her body had seeped onto the leaves. The very first blow from the stick would account for a depressed skull fracture in the right rear portion of her head, according to the prosecution, and it was not explained by any of the teenagers' statements. That injury also accounted for splotches of blood found on the roadway, which no one else mentioned. None of the original confessions even put the rape in that part of the park. Mr. Armstrong, though, said the location of the fracture, on the right rear of the jogger's head, could prove that Mr. Reyes was lying. Mr. Reyes is left-handed, and Mr. Armstrong contends that he would have tended to strike on the left side, not the right. "It's not corroborative that he was there alone," Mr. Armstrong said. The victim could have sustained the blow to the rear of the head at any point in the attack, he said, so its mere existence does not necessarily prove that Mr. Reyes is telling the truth. The police report said that the detectives involved had done nothing wrong, and did much that was right. The panel purposely provided a vague account of how the attack on the jogger might have unfolded, Mr. Armstrong said, and does not think that the original defendants actually penetrated the victim, despite the five confessions. "One of the problems is that any attempt to be terribly precise is doomed," Mr. Armstrong said. "If you say this is what happened, there's always something else someone will raise. It's very speculative. From the confessions, it would appear there is a general agreement among all the statements: she was jogging; she was accosted or stopped in the road; most of them say in one way or another that she was dragged into the woods; there's a general description by all of them that most of them held her arms or legs while others raped her, or whatever the word is they used. It's a 14-year-old boy's idea of rape." In the prosecutors' view, the fatal weakness in the originaI confessions was the lack of knowledge about the location of the attack. "Perhaps most significant, none of the defendants accurately described where the attack on the jogger took place," Ms. Ryan, the chief of trials for the district attorney's office, wrote. "The defendants were not similarly confused about the locations of the other crimes they described." Four of the teenagers' confessions placed the 2/3/03 Page 4 of 4 attack near the reservoir, some seven or eight blocks from the actual crime scene north of the 102nd Street cross drive. Mr. Armstrong countered that when three of the teenagers were brought to the scene, they were able to point out the correct location. In the confessions, three teenagers said the rape happened at the end of a sequence of events close to 10 p.m., a time that even the original trial prosecutor said was impossibly late. Mr. Kindler said: "The accounts given by the defendants differed from one another on virtually every aspect of the crime: who initiated the attack; who knocked the victim down; who undressed her; who struck her; who held her; who raped her; what weapons were used; and when, in the sequence of events that night, the rape occurred." In the police panel's opinion, however, such inaccuracies did not spoil the basic reliability of the confessions. "You can't subject the statement ora 14-year-old boy to the same analysis you would give an indenture," Mr. Armstrong said, alluding to a legal document. Mr. Armstrong said that the broad details, including the admission that they attacked and then serially molested the jogger -- had too many similarities for the boys not to have had something to do with what happened to the victim. While the police panel avoided tying the teenagers' confessions to the details of the crime, it was particularly rigorous in locating discrepancies in Mr. Reyes's story. Some of these efforts focused on fine details, like whether the key case he stole from the jogger was black with Velcro and a zipper, or brown with Velcro and no zipper. The panel argued that evidence of Mr. Reyes's unreliability could be found in his account of what happened after he dragged the victim into the woods. Mr. Reyes said that she briefly fled from him there, but the police report says the physical evidence contradicts his account. "The original crime-scene detective, Detective Robert Honeyman, has stated that there were drag marks and some blood between the first tree" and the next documented point in the attack, the report says in an effort to show that the victim had not run between those locations, as Mr. Reyes stated, but had been dragged. As it happens, Detective Honeyman said precisely the opposite when he testified in 1990. A defense lawyer asked if he had seen drag marks leading from the first tree deeper into the woods. "There were no drag marks that were visible," Detective Honeyman said. Told that the detective had given testimony contrary to the version in the police report, Mr. Armstrong sounded as if he were shrugging into the phone. "There are discrepancies all over this thing," he said. Copyright 2003 The New York Times Co~an~ J Permissions I Privacy Policy *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecegnized senders 2/3/03 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Monday, February 03, 2003 12:46 PM To: update@nacole,org Subject: [NACOLE Update] Gangs terrorize residents in Valley (Texas) Feb. 1, 2003, 7:27PM Gangs terrorize residents in Valley Home intruders using police guise By JAMES PINKERTON Copyright 2003 Houston Chronicle Rio Grande Valley Bureau EDINBURG -- When six young men were killed execution-style in this border city by armed robbers looking for drugs, it focused attention on a dark and terrifying aspect of life in the Rio Grande Valley. In recent years, growing numbers of intruders have assaulted, tetxorized and sometimes maimed or murdered Valley residents during a rash of home invasions. And in many cases, the robbers are disguised as police to trick homeowners into opening the door. The extreme violence exhibited in the Jan. 5 massacre in Edinburg came as no surprise to members of the close- knit Viacobo family in nearby Donna. Their lives were shattered a year ago during a desperate fight with a gang of so-called "pseudo cops." Today, as the family mourns one brother killed and cares for a second crippled by nine gunshot wounds, the Viacobos again feel victimized, this time by the criminal justice system. Prosecutors say because ora lack of evidence, they were able to bring charges against only one of five men who sheriff's deputies allege broke into the Viacobo home last January. The intruder, wounded by one of the Viacobo brothers and unable to flee after police chased down the vehicle, pleaded guilty to murder on Jan. 21 to avoid a capital murder trial. He will serve a 50-year sentence. "They first told us they were going to get him life in prison," said Estela Viacobo, who, with her brothers, insists on the death penalty for the men who killed their brother. "Now, 50 years. That's not enough for what they did. It's just a slap on the hand." Prosecutors and law enforcement officials in Hidalgo County acknowledge they have had difficulties bringing home invaders to justice, partly because of poor identifications by victims dazed by nighttime incursions of men dressed as police and wearing ski masks. And in many cases, victims are reluctant to cooperate with investigating officers because of their own involvement in the drug trade, or out of fear of retaliation. "Identity is always going to be a problem, unless a person confesses," said Rene Guerra, the Hidalgo County District Attorney. "They don't leave fingerprints, they're wearing masks, and the people (victims) are shocked. It doesn't make for a good courtroom presentation." Sheriff's officials say that in the rural areas of the large county where they have jurisdiction, 39 of 72 armed robberies that occurred in 2002 were home invasions "Unfortunately, the rural communities can more easily fall victim to these crimes, because by the time the 2/3/03 Page 2 of 3 sheriff can dispatch a unit they get clean away," said Guerra, referring to the many remote areas in this 1,500- square-mile South Texas county. And the 39 home invasions are not the complete tally in populous Hidalgo County, because more than a dozen cities keep their own statistics. "We've had a load of them," acknowledged Hidalgo County Sheriff Enrique "Henry" Escalon. "It's always been something to do with the infiltration of drugs coming through this area. "They're (drug dealers) ripping offeach other. The same crooks who sell the stuff .., are the ones" pulling the home invasions, Escalon said. "So they go in thinking they might have the drugs at the home ... and if they don't, they take jewelry or whatever they can find." "Large narcotics seizures are becoming very, very common, and it only tells you a lot more is coming across" the border, said Lupe Trevifio, commander of the High Intensity Drug Trafficking Area task force, which has 28 agents. "People realize there is a lot being stashed, and that's going to lead to more home invasions. The real danger is a lot of innocent families are going to be victims because the bad guys are going to get the wrong address." The grisly Edinburg slayings followed the all-too-familiar pattern seen in scores of Valley home invasions. A group of armed men -- including one wearing a ski mask and a police jacket -- broke into two modest wood- frame houses on Edinburg's growing east side. The intruders used electrical wire to tie up Rosie Rojas and her son, Jerry Hidalgo, 24. They were ordered to face the wall, and Hidalgo was shot as his mother stood next to him. A second man was gunned down in the yard in front of the second house, and four men inside were executed in a hail of bullets. Four of the slain men had arrest records, including Jerry Hidalgo, who had been released from jail the day before. Edinburg police have arrested and charged 10 men from the area with the killings and say six of those in custody are affiliated with a deadly Valley street gang known as the TCBs, or Tri-City Bombers. All those charged have arrest records, police say. However, Edinburg Police Chief Quirino Mufioz said the killings appear to be the result of a bungled drug rip-off, not gang rivalry. Pseudo cops frequently get bad information about the presence of drugs and have been known to mistake the homes of innocent families for those of drug dealers, law officers note. Such was the case at the Viacobo household north of Donna, where at least five men identifying themselves as police burst into the home shortly after midnight on Jan. 25, 2002. Authorities say there is no indication that any members of the Viacobo family had dealings with, or even knew, their attackers. "According to the defendant's confession, they were going to go over and rob drugs, but he never mentions these people by name," notes William McPherson, a Hidalgo County assistant district attorney. "He just mentioned they were going to some house. These are poor people, and from what I could see, they didn't dress or act like people who deal in drugs. We don't have any evidence there were drugs." The modest green wood-frame house is owned by Juan Antonio Viacobo, a 56-year-old electrician, and his wife, Soledad, 55. Living in or next to the home were six of their eight children, ranging in age from 15 to 32. 2/3/03 Page 3 of 3 Jaime Viacobo, 25, who lives in a mobile home next to his father's home, said his wife saw a red pickup truck pull up after midnight and five men get out. When the group was unable to break into the trailer, the attackers ran to his father's house. Jaime Viacobo said he grabbed two knives and chased after the men, who by then had broken into the house and were beating his father and firing at his brothers and sister. "I mean, there were guns going off without asking no questions," said Jaime Viacobo, who still has bullet fragments in his leg. "They were just here to kill." Once in his father's house, Jaime Viacobo tried to stab a burly man later identified as Ruben Saenz Villarreal, 40, of Mission, who was wielding an assault rifle. As Jaime Viacobo attempted to wrestle the weapon away from the intruder, he heard a shot and saw Villarreal slump to the floor and begin to crawl from the house. Jaime Viacobo said once he got the rifle he tried to shoot the fleeing Villarreal, but the gun jammed. During the brief battle in the darkened Viacobo home, the elder Juan Antonio Viacobo was beaten over the head and chest with a rifle. His children say he still has chest pains and has not fully recovered. Carlos Viacobo, 26, was shot as he fought off the attackers. He died in the ambulance on the way to the hospital. Another brother, Julio Viacobo, 27, was shot nine times from behind and suffers permanent damage. The end result -- five suspects and only one conviction -- angers the family. And at the home where they lived peacefully for 30 years, the Viacobos no longer feel safe. "This (home invasions) happens a lot in the Valley. You can't sleep, you don't know who's coming. The children aren't safe," said Jesse Viacobo, an older brother. 2/3/03 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Monday, February 03, 2003 12:47 PM To: update@nacole.org Subject: [NACOLE Update] Experts review case of convicted rapist Feb. 1, 2003, lO.'36AM Experts review case of convicted rapist Scientists say DNA work by ItPD lab shoddy By ROMA KItANNA and PEGGY O'HARE Copyright 2003 Houston Chronicle The 1999 rape conviction of a 16-year-old boy, obtained with DNA evidence as its crux, has been called into question because samples were processed at the problem-ridden Houston Police Department crime lab. Forensic scientists say the evidence against Josiah Sutton was handled so poorly that the lab more likely than not came up with incorrect results. "The work is horrible," said Dr. Elizabeth "Libby" Johnson, who established the DNA laboratory at the Harris County medical examiner's office in 1992 and was hired by defense attorneys to review the evidence in Sutton's case. Dr. William Thompson, a DNA expert and a California professor who also reviewed the evidence, said the lab's work was shoddy and that its scientists presented misleading evidence at trial. "The testimony made it seem as if this was an exact match, and it was not," Thompson said. "In fact, this profile would have matched one in eight black men in Houston." Sutton's case is one of hundreds under review after an audit by outside experts uncovered widespread deficiencies at the HPD lab, where DNA testing has been temporarily suspended. The department is reviewing the lab's work and trying to determine who is responsible. HPD will ask private labs to recheck evidence in cases in which the accuracy of earlier tests is in question. "We want the public to know we're not just sitting back, waiting to get hammered all the time here," Acting Police Chief Tim Oettmeier said Friday. "When these cases are brought to our attention, we're acting as quickly as we can to determine what needs to be done, if anything." Sutton, now 21, was convicted of the October 1998 rape of a woman taken in her car from her Houston apartment complex and raped by two men before she was dumped in a Fort Bend County field. Five days later, the woman was driving down a street when she saw two people she believed to be her attackers. Police arrested Sutton and a friend, and they provided samples of body fluids for comparison. When the results came back, Sutton was included as the possible assailant. He maintained his innocence but was convicted and sentenced to 25 years in prison. 2/3/03 Page 2 of 3 Now, as the widespread deficiencies at the HPD lab have come to light, Sutton, his lawyer and DNA experts say he is the victim of faulty science. "He has steadfastly professed his innocence," said Bob Wicoff, his lawyer. "My goal is to get him new testing and make sure the process is done properly." Even prosecutor Joe Owmby, who is confident that Sutton committed the crime, said he became concerned when the HPD lab's deficiencies were uncovered. "I was going through~my cases in my mind and thinking about how many were DNA cases and how many were processed by HPD," Owmby said. "This is one that stuck out." The forensic scientists said there were many problems with HPD's lab work in Sutton's case. Johnson noted the staff needed three tries to establish a "standard type" for the victim's DNA, which allows them to separate strains from another person. "That is a red flag that something is wrong," she said. "Any lab could do that right the first time." Another major mistake, cited in other cases under review, is that staff used the entire sample from the rape kit (four swabs) for tests, limiting the possibility for retesting, Johnson said. "This is a huge no-no," she said. "Any competent person could do this with one-half of one swab." Thompson, the DNA expert, said the mistakes went much farther than poor lab practices. He cited a semen stain on the back seat of the victim's car that a lab employee said was a mixture of fluid from the woman and her two attackers. "That is just false," Thompson said. "It is a semen stain for a single other man that, assuming he was the other attacker, absolutely excludes Sutton. This is an outrageous misuse of scientific evidence." Next week, the Harris County district attorney's office will continue addressing such problems. It will begin notifying defendants whose cases involved DNA tests by the HPD lab that the recent audit found problems with the lab's work. The accused, or in some cases their attorneys, will be notified by mail, said Assistant District Attorney Marie Munier, the felony trial bureau chiefi The painstaking research efforts were prompted by a KHOU-Channel 11 news report in November that questioned the crime lab's performance and whether innocent people were going to prison or guilty people were being set free. Starting with the most recent cases, prosecutors will review every case in which the police lab examined DNA evidence. The review will go back years -- possibly to the early 1990s, when the lab began doing DNA tests regularly -- and will include cases by the hundreds, perhaps even far more than the 400 initially estimated, Munier said. The district attorney's office is reviewing every capital murder case ending in a death sentence to see if it involved the police lab's examining DNA evidence. That review began this week and will involve about 150 defendants now on death row and nearly 55 people already executed, said Assistant District Attorney Roe Wilson, chief of the post-conviction writs division. In cases where DNA was crucial in proving guilt, "we're going to request HPD to review the case and/or that evidence be retested," Munier said. 2/3/03 Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Monday, February 03, 2003 12:56 PM To: update@nacole.org Subject: [NACOLE Update] 2 officers aren't indicted in man's death left! 2 officers aren't indicted in man's death Group says arrests last year show pattern of brutality, racism 01/31/2003 By TANYA EISERER / The Dallas Morning News A Dallas County grand jury on Thursday declined to indict two police officers in the death last year of a 27- year-old man in their custody. The grand jury found there wasn't sufficient evidence to bring charges against Officers Craig Sherrill and Eric Tabbert in the death of Keenon Forge. | But Mr. Forge's family and a newly formed group say the July 1 death is one of at least two last year that show a pattern of police brutality and racism by white officers against black suspects. Keenon Forge The group, the Unified Organizations for Justice, says both men should not have been taken into custody and were unarmed. "I'm disappointed that they decided not to indict ... and in the way the process worked," said Ray Jackson, an attorney for the Forge family. Bob Baskett, an attorney representing the officers, said: "I knew that was going to happen because it's not a case that should be indicted. There was absolutely no evidence of wrongdoing." Last year, five people died in police shootings and six died in police custody, authorities said. The races of those who died were not available. ][~] I Mr. Forge died after a traffic accident and a strt~ggle with the two officers. The other man, Tomell Hurd, died July 2 when he was shot by a Dallas officer. lomall Hurd His family has filed a federal civil rights complaint. FBI officials confirmed that the preliminary inquiry into Mr. Hurd's death had been initiated. A Dallas County grand jury has not yet heard the case. The Rev. L. Charles Stovall, chairman of the Unified Organizations for Justice, said, "There are still questions that need to be answered." 2/3/03 Page 2 of 3 Mr. Jackson criticized Police Chief Terrell Bolton's handling of the cases as inadequate. Chief Bolton said his department reviews each death. Wrongdoing will not be tolerated, he said. In the Forge case, he said, an internal affairs investigation would be conducted to determine whether department rules were violated. Deborah Forge, Mr. Forge's mother, said she did not think the grand jury considered all the evidence. "The only way to get justice is ifI go out and fight for it and take them to a higher court," she said. She said her son was on his way to his job when he was in a single-vehicle accident near downtown. Officers said Mr. Forge appeared intoxicated, so they handcuffed him and placed him in a squad car. They said he broke free, tried to get out of the car and threatened to jump from a bridge before struggling with officers. At some point, he stopped breathing and died a short time later, police said. Mr. Jackson, the family's attorney, said he thinks there are discrepancies in the police account. The Dallas County medical examiner said the cause of death was blunt-force injury to his abdomen associated with toxic effects of PCP, or angel dust. Pulmonary emphysema was a contributing factor. Ms. Forge paid more than $2,000 for an independent autopsy. "When I saw my son's body, I knew what had happened to him," she said. "I knew he had been through a trauma." Dr. Juan Zamora, the pathologist hired by Ms. Forge, stated in his report that "lesions identified in the neck are those of manual strangulation" and that other "lesions present are consistent with blunt traumatic injuries." The chief medical examiner of Harris County reviewed the case at the request of state Sen. Royce West. Dr. Joye M. Carter determined that neck fractures probably occurred after Mr. Forge died. A day after Mr. Forge's death, Mr. Hurd was shot to death during a struggle with a police officer in South Dallas. Two officers - Senior Cpl. Stephen Baugh and Senior Cpl. Troy Klinglesmith - were placed on routine leave but have returned to duty. Police said officers responded to residents' complaints of drug dealing. They were talking to an individual inside a duplex when Cpl. Baugh saw Mr. Hurd and attempted to question him. A struggle ensued on the porch. Police say Mr. Hurd grabbed the officer's gun and fired. Cpl. Klinglesmith fatally shot Mr. Hurd twice. Police said at least two witnesses heard Cpl. Baugh yell that Mr. Hurd had his gun, and a third saw the gun in Mr. Hurd's hand before it was fired. Mr. Jackson said witnesses he has interviewed denied Mr. Hurd had possession of the gun. Mr. Jackson also said the officers used racial epithets, a charge the officers' attorney denies. E-mail teiserer~dallasnews.com 2/3/03 Marian Karr From: Kelvyn.Anderson@phila.gov Sent: Monday, February 03, 2003 1:30 PM To: update@nacole.org Subject: [NACOLE Update] John Timoney Debates Police Interrogation on NPR's Justice TalkJ ng February 11 SRFC822.e~ Join the live audience of the award-winning National Public Radio program, Justice Talking, on Tuesday, February 11 at the Wistar Institute, 36th and Spruce streets in Philadelphia. For free tickets, sign up at http://www.justicetalking.org/upcoming.asp or call Erin Mooney at 215-898-7757. Police Interrogation Tuesday, February 11, 2003 7:30 p.m. Miami Police Chief John Timoney Debates Peter Neufeld, Project Director of the Innocence Project. Today's police interrogation methods were developed to replace more brutal tactics of extracting confessions. While many hail the progress, others point to the lying, manipulation and verbal harassment that are all an accepted part of the interrogation process. The outcome, critics say, is a growing number of false confessions, especially among juveniles. Should interrogations or confessions be video taped? Should certain coercive practices be stopped or would we simply be straight-jacketing law enforcement and jeopardizing public safety? eSafe scanned this email for malicious content IMPORTANT: Do not open attachments from unrecognized senders Page 1 of 1 From: Erin Mooney <emooney@asc. upenn.edu> Date: Monday, February 03, 2003 1:08 PM Subject: John Timoney Debates Police Interrogation on NPR's Justice Talking February 11 Join the live audience of the award-winning National Public Radio program, Justice Talking, on Tuesday, February 11 at the Wistar Institute, 36th and Spruce streets in Philadelphia. For free tickets, sign up at http://www.justicetalking.org/upcoming.asp or call Erin Mooney at 215-898- 7757. Police Interrogation Tuesday, February 11, 2003 7:30 p.m. Miami Police Chief John Timoney Debates Peter Neufeld, Project Director of the Innocence Project. Today's police interrogation methods were developed to replace more brutal tactics of extracting confessions. While many hail the progress, others point to the lying, manipulation and verbal harassment that are all an accepted part of the interrogation process. The outcome, critics say, is a growing number of false confessions, especially among juveniles. Should interrogations or confessions be video taped? Should certain coercive practices be stopped or would we simply be straight-jacketing law enforcement and jeopardizing public safety? 2/3/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 5:26 AM To: update@nacole.org Subject: [NACOLE Update] OakJand CA - Riders Trial:Riders' lawyers grill police witness Oakland Tribune Riders' lawyers grill police witness Defense questions impartiality of internal affairs investigator By Glenn Chapman STAFF WRITER Tuesday, February 04, 2003 - OAKLAND -- Defense attorneys for the fired Oakland police officers known as the "Riders" have spent days attacking the neutrality and competence of an internal affairs investigator who concluded they were guilty of misconduct. Sgt. Jon Madarang used assumptions and inferences to validate the allegations against Frank Vazquez, Jude Siapno, Clarence "Chuck" Mabanag and Matthew Hornung, the defense team suggested Monday and last week through its questioning. "I believe I did an honest and fair job in this, though I did make mistakes," Madarang responded at one point to Hornung's lawyer, Ed Fishman. "I object to the way you infer I manipulated or conspired or conferred to do anything other than what was fair and correct." Madarang said instead of keeping notes, he continually refined a report that grew to 60 pages. Assistant District Attorney David Hollister entered the damning report as evidence Monday for the jury's eyes. Hollister has just two more witnesses after Madarang, and expects to rest his case against the three alleged Riders this week. Defense attorneys William Rapoport, Mike Rains and Fishman interrogated Madarang about apparent leaps of logic or faith in his conclusions. Fishman charged that Madarang added Hornung's name as a Rider in retaliation, after Hornung mouthed off while defending Vazquez, Mabanag and Siapno, who had been placed on administrative leave in summer 2000. The four officers were subsequently fired. Hornung, 31, Siapno, 34, and Mabanag, 37, are being tried on numerous felony charges ster~ming from allegations they framed and roughed up suspected drug dealers, then falsified police reports to cloak their misdeeds. Vazquez is a fugitive being sought by authorities. Instead of critically analyzing information provided by whistle-blower Keith Bart and alleged beating victim Delphine Allen, Madarang blindly trusted them, defense lawyers contended. "This was a big part of my life; I made the effort to do it right," Madarang retorted at another point. "I did a good job, and I did it with compassion too. There were a lot of victims in this, myself included in a sense." Oakland police rookie Bart and West Oakland resident Allen placed Hornung among the officers involved the night Allen was delivered to jail with his face swollen and feet battered, Madarang said. Hornung wrote a bogus report contending he checked Allen's pulse and pupils and determined Allen was high on drugs, Madarang said. Madarang testified he interviewed Allen in the initial days of the Riders investigation, but Allen refused to be tape-recorded. Fishman then played a snippet of tape of Madarang saying goodbye to Allen and encouraging him to bring in others who would speak ill of the Riders. The recording seemed to surprise Madarang, who said he recognized the voices as his and Allen's, but couldn't explain how it came to be. 1 "There is no way I purposely, covertly or surreptitiously taped Delphine Allen," Madarang asserted as Fishman pressed him to explain. "I don't know what to tell you at this point. I'm trying to rack my brain. It sounds like a covert tape to me." With jurors out of the courtroom, Hollister urged Alameda County Superior Court Judge Leo Dorado to allow Madarang to discuss a 1999 complaint against Hornung. Hornung was called to task after he clutched the throat of a man he had mistakenly thought was trying to swallow illegal drugs. The man turned out to be Dwayne Wiggins of the band Tony, Toni, Tone. Wiggins' companion in the car was an Oakland police officer's wife. And there were no drugs in Wiggins' mouth. Hornung apologized to Wiggins and was censured. Madarang respected Hornung for the honesty the young officer showed during the investigation, Hollister said. Hollister wanted to use that case to show jurors Madarang was not plotting Hornung~s ruin by implicating Hornung as a Rider. Fishman argued that the jury should be told he had not been given enough time to prepare to question Madarang about the Wiggins incident. Such a warning to the jury would have been tantamount to a legal "sanction" against the prosecutor. Hollister bounded to his feet and angrily derided the "temerity and gamesmanship" of the defense team, which has caused almost all the delays that have pushed the trial into its fifth month. Hollister was livid as he told Dorado he has promptly provided the defense with every scrap of prosecution evidence, while they had given him almost nothing. While explaining his outrage to Dorado, Hollister added, "I sat quietly when Mr. Rains told the jury the prosecution's case is wheezing to an end." Dorado empathized, but cited legal grounds that barred Hollister from delving into the Wiggins incident with Madarang. Under questioning by Rapoport, Madarang conceded he made assumptions while crafting his report and never doubted the word of Bart and Allen, even if it seemed inconsistent with other findings. "That's how you would have dealt with it, that Delphine Alle~ is telling the truth no matter what?" Rapoport asked incredulously. Allen and Batt, now a Pleasanton police officer, testified earlier in the trial. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 5:29 AM To: update@nacole,org Subject: [NACOLE Update] Schenectady NY - 6 mos into job, praise for top cop Six months into job, praise for Schenectady's top cop Schenectady-- Public safety chief gaining trust of officers and public By MIKE GOODWIN, Staff writer First published: Tuesday, February 4, 2003 Times Union When you ask Public Safety Commissioner Daniel Boyle for his take on the Police Department he's led for six months, the answer comes quickly. "They're good cops. Cops are cops, no matter where you go," said Boyle, a former deputy chief in Syracuse. "You get some that are better than others, but overall, I believe in the Police Department and the Fire Department." "They're here to do good for this community, and I've seen it in the six months I've been here." Mayor Albert P. durczynski hired Boyle on July 11 to rebuild a Police Department that saw four of its officers sent to prison on corruption charges and to restore leadership to a force that constantly drew unwanted attention under former Chief Gregory T. Kaczmarek. Since his arrival, Boyle has been on a steady diet of daytime office briefings and neighborhood meetings at night, all aimed at restoring confidence in the Police Department among both city residents and rank-and-file officers. He often begins his day around 7:30 in the morning and stays until 9 p.m. "The hardest thing is just changing the perception, both of the community and the perception of the officers themselves," the 50-year-old Boyle said Monday. "To this point, we've been fairly successful. But we've got a long way to go. I think we're on the right path." Boyle and new Police Chief Michael Geraci are getting high marks from city lawmakers and civil rights activists. "He's just what we needed, when we needed it," said City Council President Frank Maurizio, who said he gauges public dissatisfaction by the number of telephone complaints he gets about the Police Department. "That has dropped off significantly since he's been in charge," Maurizio said. Police misconduct has not gone unpunished during Boyle's brief tenure. Within 10 days of being on the job, he orchestrated the resignation of one officer, Ronald Pedersen, after a prostitute alleged that Pedersen attacked her in Central Park. He is now trying to fire Kenneth Hill, a patrolman accused of misconduct in a series of incidents. "He seems to want to get rid of the riffraff that's still on the force," said Fred Clark, first vice president of the Schenectady chapter of the National Association for the Advancement of Colored People. The N~ACP had complained for years to Kaczmarek and other city leaders about the behavior of police officers, including allegations of police brutality and officers taking money from drug dealers. Clark said the number of complaints has dropped, and they now are mostly complaints about officers being rude. Jurczynski said he believes Boyle is doing a great job, but said more is needed. "The one thing that has still not been brought here, and been too early to do that, is 1 fiscal control," the mayor said. The Police Department has chronically overspent its budget, and overtime spending has been a continual problem. Boyle arrived in town with an overriding warning: Brace yourself for a rocky relationship with an entrenched Police Benevolent Association that has a reputation for running the department. "When I got here I was told how difficult this union was to deal with," Boyle said Monday. "It's the opposite." Boyle said he was surprised by the union's willingness to consider changes in the collective bargaining agreement, which critics claim has been an impediment to reform. Contract negotiations between the city and the union were moving forward, with the PBA willing to give up some seniority perks, consent to drug testing and limit the amount of time officers can take off. The talks hit a snag last month when the city balked at provisions in the proposed contract, including increased pension payments, and the union filed for arbitration with the Public Employment Relations Board. But attorneys for the city and the union have scheduled new negotiation sessions, and Boyle said he is confident a contract can be worked out without the help of arbitrators, who historically have been unwilling to make major changes in public employee contracts. "The guy is a true professional," PBA President Anthony Brown said. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson~eadhlink.net] Sent: Tuesday, February 04, 2003 5:34 AM To: update@nacole,org Subject: [NACOLE Update] Haltom City TX - Bryan police chief to head Haltom City department This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLDHQK; Tue, 4 Feb 2003 11:44:05 -0600 Received: through eSafe SMTP Relay 1044313278; Tue Feb 04 09:19:40 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4mu-0000nl-00; Tue, 04 Feb 2003 09:15:04 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 189430-0007BW-00 for update@nacole.org; Tue, 04 Feb 2003 08:27:38 -0600 Received: from ernie.psp.pas.earthlink.net ([207.217.78.243]) by albatross.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 189451-0006bU-00 for update@nacole.org; Tue, 04 Feb 2003 06:29:43 -0800 Received: from [207.217.78.201] by EarthlinkWAM via HTTP; Tue Feb 04 0 6:29:43 PST 2003 Message-ID: <1778149.1044368983661.JavaMail.nobody@ernie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Haltom City TX - Bryan police chief to head H altom City department Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 4 Feb 2003 06:33:49 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain nacole.org Bryan police chief to head Haltom City department=20 02/04/2003=20 By DEBRA DENNIS / The Dallas Morning News=20 HALTOM CITY =E2=80=93 Officials named Bryan's police chief to take ove rt= he embattled Haltom City Police Department, which is under investigati on by the Texas Rangers and has been hit with federal lawsuits from a doz en = former jail inmates alleging sexual abuse or harassment.=20 Ken Burton, a 21-year police veteran, will assume the post Feb. 24, of fic= ials said.=20 "Now that the chief is appointed, that's a good base for the departmen Haltom City Council member John Williams said.-20 Chief Burton, 47, said he welcomes the opportunity to improve the depa rtm= ent.=20 "People ask why, and I say I would enjoy the challenge of being able t of= ix something there," Chief Burton said. "The department consists of so me = good people that are being affected by the actions of a few. They will ne= ed a strong leader to help them get back the respect that they deserve ."-20 He will earn a $98,000 salary to oversee Haltom City's 72 sworn office 28 civilian police workers and $6.4 million annual budget. Haltom Cit yh as about 39,000 residents. Bryan has 65,000 people and 130 sworn offic -2E-20 He'll also face the aftermath of lawsuits filed by former inmates alle gin= Page 2 message.txt g sexual abuse or harassment while being held there in 2000 and 2001.- 2O "The lawsuits are a matter for the city manager and the assistant city ma- nager,'' Chief Burton said. "My job is to make sure there are no more 1 aws= uits.."=20 The federal lawsuits contend that employees at the 21-bed detention fa cil= ity harassed female inmates and videotaped them in the showers and tha to- ne former jailer, Clint Wade Weaver, 22, coerced inmates to have sex w ith= him.=20 Mr. Weaver is serving five years' probation after pleading guilty in M arc= h to a misdemeanor count of official oppression.-20 He has admitted no additional wrongdoing but gave an affidavit in the cas= es describing the Haltom City Jail as "sexually charged" and suggestin gt- hat a former municipal judge and other top police and city officials c ont= ributed to the atmosphere.=20 Haltom City's former police chief, Billy D. Hammitt, resigned Dec. 31 aft= er the department came under fire, citing personal reasons. The city's mu= nicipal judge, Jack Byno, resigned last month after denying any wrongd oin= g.=20 City Manager Richard Torres has said that the city's Police Department is- reviewing all complaints of alleged misconduct but that the problems end ed when Mr. Weaver resigned. The Texas Rangers have an ongoing investi gat ion as well. 20 Mr. Williams said that filling the police chief's slot was a positive ste p toward restoring relations with the community.-20 Page 3 message.txt "I don't know a lot about him. I~ve heard good things. He's coming wit hg= ood credentials, and we're looking forward to some positive things goi ng on," Mr. Williams said.=20 Mr. Torres and several former co-workers offered praise for Chief Butt -20 "Chief Burton has an exemplary record of successes in law enforcement. Wi= th his past experience as police chief and his commitment to professio nal= ism and excellence, Haltom City's Police Department will be getting th ev ery best law enforcement has to offer," Mr. Torres said.=20 Bryan City Manager Mary Kaye Moore said she was sorry to see Chief Bur ton= go.-20 "I think it's a huge loss for the community, but I think he has left u si- n very good shape," Ms. Moore said.=20 Chief Burton was chosen over four other candidates, including interim Chi ef Cliff Jaynes. 20 A native of Colorado, Chief Burton moved to Dallas in 1969. He is a gr adu- ate of Woodrow Wilson High School and earned a bachelor's degree in la we nforcement from Sam Houston State University in 1977. He spent 16 year t the Arlington Police Department and became a deputy chief in 1999, o vet= seeing the city's east patrol division. He left Arlington in 2001 to b eco- me the Bryan chief. 20 "He has a lot of good experience, especially in patrol and operations, an= d that should serve him well in Haltom City," said Larry Boyd, assista nt - police chief.=20 Page 4 message.txt E-mail debdennis@dallasnews.com 20 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 5:50 AM To: update@nacole.org Subject: [NACOLE Update] Duncan SC - Ex-Officer sentenced This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iewa-city.org with SHTP (Hicresoft Exchange Intern et Hail Service Version 5.5.2653.13) id D3TLDHQG; Tue, 4 Feb 2003 11:44:03 -0600 Received: threugh eSafe SHTP Relay 1044313278; Tue Feb 04 09:19:38 200 3 Received: from lecalhest ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4mv-0000nA-00; Tue, 04 Feb 2003 09:15:05 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4IB-0007oy-00 for update@nacole.org; Tue, 04 Feb 2003 08:43:20 -0600 Received: from ernie.psp.pas.earthlink.net ([207.217.78.243]) by albatross.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 1894KD-00024V-00 for update@nacole.org; Tue, 04 Feb 2003 06:45:25 -0800 Received: from [207.217.78.203] by EarthlinkWAM via HTTP; Tue Feb 04 0 6:45:25 PST 2003 Message-ID: <1014044.1044369925113.JavaMail.nobody@ernie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Duncan SC - Ex-Officer sentenced Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject=help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject=subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update request@nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 4 Feb 2003 06:49:43 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net X-AntiAbuse: Original Domain - iowa-city.org Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Article published Feb 4, 2003 Ex-police officer sentenced for sex crimes Tom Langhorne-20 Staff Writer Joseph Dale White, the former Duncan police officer who was charged wi th = committing lewd acts on three teenage boys while in uniform and on dut y, = pleaded guilty to reduced charges Monday and was sentenced to 15 years in= prison. White may serve just over half of that sentence, however, because stat ep= rosecutors dropped the most serious charges against him as part of the pl= ea arrangement and a circuit judge made the sentences that White did g et - concurrent rather than consecutive. Circuit Judge Don Beatty could have sentenced the 30-year-old White to 55- years in prison had he made his sentences consecutive -- but Beatty s aid= afterward that the defendant will appear before him again on Friday f or = "continued sentencing." He declined to elaborate. The case against White was handled by the state Attorney General's Off ice =2E The 7th Circuit Solicitor's Office customarily refers to state aut hor= ities all cases in which a local law enforcement officer is charged. State prosecutors dropped charges of first-degree criminal sexual cond uct= with a minor and kidnapping -- each of which is punishable by up to 3 0y- ears in prison -- and allowed White to plead guilty to three counts of co- mmitting a lewd act upon a child and one count of misconduct in office The lewd act charge, a felony, is punishable by up to 15 years in pris while the misconduct charge carries up to 10 years. Beatty gave White the maximum sentence on each of the lewd act charges ,b= Page 2 message.txt ut made the sentences concurrent. The judge also gave White the maximu mo- n the misconduct charge, but suspended the sentence to five years with fi= ve years of probation. That sentence also is concurrent. White must register with authorities as a sex offender. Individuals convicted of committing a lewd act on a minor "max out" th air- sentences E2=80=93 meaning they must be paroled =E2=80=93 after they ha= ve served 51 percent of the sentences. Parole may be granted as early as = the point at which the inmate has served one-quarter of his sentence. Like other individuals convicted of committing a lewd act on a minor, Whi te will have to appear before a Sexual Predator Review Committee once his= release date has been set =E2-80=93 at the latest, less than eight ye ars- from now. The committee will determine if he is a sexual predator lik ely- to be a danger to other children in the future. If committee members decide White fits that description =E2=80=93 a st ton= gar possibility in a case like his, with multiple victims =E2=80=93 th e s= tate will be free to bring a civil action asking a court to civilly co mmi= t him to a secured facility for care and treatment. If committed, Whit ec= ould stay there indefinitely. Though Assistant Attorney General Denise Morrow appeared in court Mond ay,= the state was represented by special prosecutor Suzanne Mayes of the Sou- th Carolina Commission on Prosecution Coordination. Mayes told Beatty that White was pleading guilty without a sentencing rec= ommendation by the state. Flanked by White's three teen-aged victims a nd = their mothers, she said they support the plea arrangement. Afterward, Mayes said the arrangement was "best-suited for everyone in vol= ved, particularly the minor victims." Asked if prosecutors dropped the most serious charges against White be cau= se of problems with the evidence in the case, Mayes said no. She decli ned= Page 3 message.txt to elaborate on the plea agreement. During Monday's hearing, Mayes described a series of sex acts committe do- t attempted by White against his three victims in late 2000 and early 2OO 1, when the boys were 12, 14 and 16. Some of the crimes occurred at the Duncan Fire Department and some occ urr ed inside White's patrol car, Mayes said. She said White often stopped at- the fire department on the pretense that he was making a routine poli ce = check. White met one of his victims not at the fire station, but in the apart men= t complex in which the young man lived, Mayes said. She said White dip ped- into seized evidence that was stored in his patrol car's trunk to giv et- he young men drugs and alcohol -E2=80=93 the impetus for the misconduc tc= barge against him. One of the young men somehow obtained White's service weapon, Mayes sa id. The oldest of White's victims, now 18, tearfully stood before Beatty t o s= peak of the betrayal he felt. "He made me think he was somebody I could trust," the young man said. "=E2- =80=A6 But he fooled me." The young man said he is still tormented by the memories of his encoun ter s with White and is uncertain that he can interact normally with femal es - in the future. He said ridicule from classmates made him react with an get= , prompting authorities to charge him with assault. "I don't know if I can ever get past this," the young man said. Duncan Police Chief Ryan Cothran said White's arrest and the subsequen t r= evelations about his conduct while in uniform had severely undermined pub= lic confidence in the department. "We're still trying to regain the trust of the community," Cothran sai d. White's attorneys, Jack Swerling and John O'Leary of Columbia, pointed to- his history of public service E2=80=93 White also has been a Chesnee Page 4 message.txt po= lice officer, a volunteer firefighter and rescue squad worker =E2 80=9 3a= nd his lack of a criminal record. "It's hard to understand how a young man like this could get into this si= tuation, but that is not his whole life," Swerling said. In brief remarks of his own, White apologized. Tom Langhorne can be reached at 582-4511, Ext. 7221, or tom. langhorne@ shj= =2Ecom. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 5 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 6:03 AM To: update@nacole.org Subject: [NACOLE Update] Jacksonville FL - Police probe beyond Waldon Case causes, other misconduct sought Tuesday, February 4, 2003 Police probe beyond Waldon Case causes, other misconduct sought By Jim Schoettler Times-Union staff writer A police investigation into possible crimes and administrative problems related to the Karl Waldon case has included interviews of former, current and convicted police officers and others to learn what went wrong and whether other misconduct occurred. An attorney familiar with the probe and others who have been questioned said the investigation by the Jacksonville Sheriff's Office integrity squad includes: A search for officers involved in possible thefts and other wrongdoing. Questions about the supervision of cops convicted in the Waldon case. An inquiry into whether information implicating one officer was mishandled. An ongoing look into at least one unsolved homicide, possibly linked to police. Also being investigated are the travels of a polygraph missing for three years before suddenly resurfacing two weeks ago, launching a federal probe into possible obstruction of justice. The polygraph of a jail inmate implicates convicted officer Aric Sinclair in a robbery. Police and federal officials said Friday they intend to interview former detective William Baer, who alleges that a polygraph examiner told him she gave a polygraph to Undersheriff Joe Henry and never got it back. Henry denies any involvement. Baer did not know if the polygraph was the same that implicates Sinclair. Baer said yesterday he'd yet to be contacted. Waldon, Sinclair, two other officers and their associates were sentenced last month in a series of crimes, including the 1998 slaying of businessman Sami Safar. James Swift Jr., Waldon's brother-in-law, will be the last to be sentenced when he appears in federal court today. After Waldon's conviction in November, Sheriff Nat Glover put Director Frank Mackesy in charge of the internal investigation. Hackesy gave the case to the integrity squad, which Glover formed to investigate criminal wrongdoing. Mackesy said information is being shared with federal authorities, who would take the lead if crimes were found. He said there is no timeline for completion. "If it takes us to just those individuals who have already been charged, that's where we'll go," Mackesy said. "If it takes us to other individuals in the agency who may not have been charged, we're also investigating that." Jim Burke, the attorney for Waldon co-defendant Kenneth McLaughlin, said McLaughlin was interviewed by the squad before his sentencing last month. McLaughlin and others, including Sinclair and former officer Jason Pough, were asked about the case and any pertinent information they had that didn't come out at trial. 1 McLaughlin knew Walden and Pough, having kidnapped and robbed with both of them. He also joined Walden in the Safar slaying. "They did have a conversation with my client concerning what he may have picked up in incidental conversations with the officers he was involved with about alleged criminal involvement of other officers," said Burke, who wouldn't elaborate. Two officers put on desk duty by Glover during the Walden case remain there, though they haven't been charged. Neither their names nor other officers suspected of wrongdoing were mentioned during the Walden trial, though federal prosecutor Jim Klindt has said others are suspected of thefts. Former detective Phil Kearney was interviewed Friday about his allegations that a jail inmate's tip implicating Sinclair in a robbery was mishandled by supervisors. Sinclair orchestrated the robbery, during which Safar's nephew was attacked six weeks before the Safar slaying. Kearney has said that his partner at the time, homicide detective Michael Duckworth, is being unfairly blamed for not making progress in the Safar case when supervisors knew about the inmate's tip and failed to act. "I guess what they're trying to do is find out who dropped the ball," Kearney said last week. Kearney said the squad has also interviewed Duckworth and plans to interview Duckworth's former supervisors. Police are also investigating the 1998 slaying of Jeff Reed, who was gunned down execution-style a week after Safar's killing. During the Walden trial, Waldon's defense attorneys alleged that Sinclair killed Reed because he knew about Sinclair's involvement in the robbery. Lt. Rick Graham, head of the Sheriff's Office homicide unit, declined to discuss details of the Reed case. "It's still being looked at," Graham said. "There are new leads that we need to investigate." Sinclair's attorney, Mark Rosenblum, said Waldon's attorneys tried to implicate Sinclair in the slaying to deflect blame from Walden. "I have not been approached by any law enforcement authority or officer who has express belief that Aric Sinclair was involved in Jeff Road's murder and I have no reason to think that Mr. Sinclair is being looked at as suspect," Rosenblum said. "Aric did some less than admirable things, but murder wasn't one of them." Staff writer Jim Schoettler can be reached at (904) 359-4385 or via e-mail at jschoettlerjacksonville.com. This story can be found on Jacksonville.com at http://www.jacksonville.com/tu- online/stories/O20403/met l1654138.shtml. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 6:07 AM To: update@nacole.org Subject: [NACOLE Update] Paterson NJ - Charges against cops thrown out Charges against cops thrown out Friday, January 31, 2003 By JENNIFER V. HUGHES Staff Writer NorthJersey.com Citing "misleading and erroneous evidence" presented to the grand jury, a Superior Court judge Thursday took the unusual step of throwing out misconduct and conspiracy indictments against two Paterson police officers. Officers Bart Vallaro and James Barry Bishop were indicted in April 2001 for allegedly failing to monitor an inmate in the city jail, who died in 1999. Prosecutors said the officers falsified documents to cover their lapse. But Judge Ronald Sokalski said two pieces of crucial evidence were withheld from grand jurors. On three occasions, the judge said, Paterson Detective Ronald Humphrey gave "erroneous" information to the panel. "This is a long time coming," said Vincent Nuzzi, the lawyer for Bishop. Vallaro's attorney, Robert Gigl said, "We're just thrilled .... My client has been through four years of hell." Humphrey, an internal affairs officer, did not return calls seeking comment. Perjury is a crime, but Passaic County Senior Assistant Prosecutor Robert Pringle said Humphrey was mistaken, not lying. "This is a very complicated case," Pringle said. "To expect someone to have every detail memorized is asking a lot." Before they were arrested, Bishop and Vallaro were frequent critics of the powerful police union. After their arrest, both filed whistle-blower lawsuits alleging they had been retaliated against for complaints or unpopular stands. If they had been convicted on counts of official misconduct and conspiracy, the men faced 10-year prison terms. Pringle said his office has not decided whether it will present the case to another grand jury, appeal the judge's decision, or let the case drop. According to the court ruling, jurors were told that inmate Billy Lyons died between 3:27 p.m. and 5:27 p.m. on April 5, 1999, and that Bishop and Vallaro came on duty at about 3 p.m. But the judge noted that Paterson Police Department's own log sheets showed that Vallaro did not report until 5:15 p.m. "The jurors were never apprised of this fact," Sokalski said. The Police Department refused to give the log books to defense attorneys until November 2002, and only after a court order. The Prosecutor's Office did not even have the log books when it went to the grand jury. The judge said Humphrey misstated evidence that came from an inmate who was in the cell when the man died. That inmate told authorities he saw officers making rounds about every 20 minutes - a fact that would support Bishop's contentions that he did make checks. Humphrey told grand jurors that inmate Cheyenne Lewis "was referring to the morning," but the judge said Lewis' statement "does not indicate that the ... walk-throughs were in the morning." 1 "Detective Humphrey mistakenly volunteered this information," he said. The judge also referred to an FBI handwriting analysis that compared Bishop's signature te that of anether pelice employee, John Strangeway, the state's main witness. To cover up the alleged crimes, Strangeway said, he forged entries on a sheet where it notes the times the inmates were checked. Strangeway, who was not charged, said Bishop forged one time slot. The FBI analysis was "incenclusive" as to whether the entry was made by Bishop or Strangeway, the judge said, but that evidence was never shown to grand jurors. "This petentially exculpatery evidence could have impacted upon the grand jury's decisien and its omission is serious," Sokalski said. The judge also cemmented on Humphrey's testimeny cencerning another FBI handwriting analysis. Humphrey teld grand jurers that the analysis showed the forged entries were more likely made by Bishep than by another police empleyee, even theugh Strangeway had already admitted he was the forger. Pringle said the office believed it had a strong case against Bishop and Vallaro. Although grand jurors did not see police logs indicating what time Vallare clocked in, they heard his statement, in which he said what time he arrived. Pringle said the judge did not accuse prosecutors ef misconduct and said he did net know why some evidence was not presented. The assistant prosecutor who presented the case to the grand jury could not be reached for comment. Patersen Police Chief Lawrence Spagnela said he did not see the judge's ruling as a poor reflection of his department's investigation. He also said he did not believe Humphrey did anything wrong. It was unclear whether Bishep and Vallaro would be reinstated to their jobs. In 1999, they were publicly critical of how Policemen's Benevolent Association Local 1 allocates off-duty work assignments - lucrative jobs handed out for duties such as traffic control. Each filed a whistle-blower lawsuit several months before they were indicted. Bishop said he was denied a promotion because he started a rival union. Vallaro said he was punished because he cooperated with the state Attorney General's Office, which he said was investigating off-duty work. Bishop and Vallaro were suspended without pay for about a year and a half before the city put them back on the payroll. According to the police union contract, they should have been without pay for only 30 days. Jennifer V. Hughes' e-mail address is hughesj@northjersey.com Update mailing list Update@nacele.org http://nacole.org/mailman/listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 6:11 AM To: update@nacole.org Subject: [NACOLE Update] Ticonderoga NY - Fired Cops sue This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a message txt viewer that can display the original character set. message.txt Received: from wall.iowa-city.org (wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLDHQN; Tue, 4 Feb 2003 11:44:05 -0600 Received: through eSafe SMTP Relay 1044313278; Tue Feb 04 09:19:42 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4mz-0000nk-00; Tue, 04 Feb 2003 09:15:09 -0600 Received: from albatross.mail.pas.earthlink.net ([207.217.120.120]) by gamma.jumpserver.net with esmtp (Exim 3.36 id 18g4dS-0000Kh-00 for update@nacole.org; Tue, 04 Feb 2003 09:04:58 -0600 Received: from ernie.psp.pas.earthlink.net ([207.217.78.243]) by albatross.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18g4fg-0005wm-00 for update@nacole.org; Tue, 04 Feb 2003 07:07:03 -0800 Received: from [207.217.78.15] by EarthlinkWAM via HTTP; Tue Feb 04 07 :07:03 PST 2003 Message-ID: <5447581.1044371223810.JavaMail.nobody@ernie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] Ticonderoga NY - Fired Cops sue Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject-help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update nacole.or g>, <mailto:Update-request@nacole.org?subject=unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 4 Feb 2003 07:11:26 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname - gamma.jumpserver.net X-AntiAbuse: Original Domain iowa-city.org Page 1 message.txt X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org Plattsburgh Press-Republican 01/31/03=20 Fired Ti cops sue By LOHR McKINSTRY, Staff Writer TICONDEROGA =E2=80=94 Two fired Ticonderoga Town Police officers want the= ir jobs back plus $1 million each from the town. Daniel J. Charlton, 36, and Robert W. King, 28, both of The Portage, T ico nderoga, were fired by the Ticonderoga Town Council on Dec. 26 for mis con duct and insubordination. A suit filed this week in State Supreme Court of Essex County asks tha tt- heir firings be annulled, while a separate notice of claim served on t he = Town of Ticonderoga seeks $500,000 each for damage to their reputation sa= nd emotional distress and $500,000 each in punitive damages. A notice of claim is usually the first step to initiating a lawsuit. King and Charlton are free on their own recognizance on misdemeanor ch arg= es of unlawfully dealing with a child. State Police filed the charges, wh= ich initiated the town=E2=80=99s disciplinary action. State Police allege that the officers, while off duty, accompanied Mic hel- le Frances Perron, 17, ef Ticonderoga to Club 22 in Glens Falls the fi rst= week in July and purchased alcoholic drinks for her there. Thomas Halley of Poughkeepsie is the United Federation ef Police attor ney= who filed the claim and Supreme Court lawsuit en their behalf. "It=E2=80=99s a very extensive filing," he said Thursday. "We set down ou= r position and provided the details." Page 2 message.txt The claim, lawsuit and supporting documentation total more than 100 pa ges. Halley said the officers didn=E2=80-99t appear at a town grievance hea rin= g Tuesday because they were told they did not have to. "They were told they could either appear in person or provide a writte n r= esponse," Halley said. "We faxed a four-page written response." The grievance procedure is intended to restore the men=E2=80=99s jobs, d the final step is the appointment of an independent arbitrator who w ill= hear the case. The notice of claim Halley filed says the town discriminated against a nd - harassed both men, denied their Fifth A~nendment rights regarding self- inc= rimination and made other, unfounded charges against Charlton leading up to the disciplinary action. The claim says other Ticonderoga officers may have bought alcohol for min= ors, threatened truck drivers and assaulted women within the last two yea= rs, but no action was taken against those officers. Charlton and King were entitled to invoke their right against self-inc rim ination and should not have been fired because they refused to testify at= a town disciplinary proceeding, the claim says. Halley said that after filing the notice of claim he has to wait 90 da ys = to see what the town does, then can file litigation in U.S. District C our-- t at Albany. The state lawsuit, which was served on the town at the same time as th ec laim, says King and Charlton "should ... be restored to the payroll, r etr= Page 3 message.txt oactive to the date of their termination." It says the town didn=E2=80=99t provide them with an independent heari ng = and written notice of charges, both required under the Police Departme nt-E2 =80-99s collective-bargaining agreement. Town Supervisor Robert C. Dedrick said he was directed by the town=E2= 80=99- s legal counsel not to comment on the filings. He said town officials had been told the litigation would be filed, an dt= hey believe the town acted properly. Lohr McKinstry can be reached by e-mail: lmckinstry@pressrepublican.co m Update mailing list Update@nacole~org http://nacole.org/mailman/listinfo/update nacole.org Page 4 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 6:17 AM To: update@nacole.org Subject: [NACOLE Update] San Francisco CA - Activists blast cops, cite (]CC Report This message uses a character set that is not supported by the Internet Service. To view the original message content, open the attached message. If the text doesn't display correctly, save the attachment to disk, and then open it using a viewer that can display the original character set. message.txt Received: from wall.iowa-city.org {wall.civic.iowa-city.org [192.168.1 6.2]) by bart.civic.iowa-city.org with SMTP (Microsoft Exchange Intern et Mail Service Version 5.5.2653.13) id D3TLDHQJ; Tue, 4 Feb 2003 11:44:03 -0600 Received: through eSafe SMTP Relay 1044313278; Tue Feb 04 09:19:38 200 3 Received: from localhost ([127.0.0.1] helo=gamma.jumpserver.net) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4n0-0000nv-00; Tue, 04 Feb 2003 09:15:10 -0600 Received: from hawk.mail.pas.earthlink.net ([207.217.120.22]) by gamma.jumpserver.net with esmtp (Exim 3.36 #1) id 18g4iD-0000YM-00 for update@nacole.org; Tue, 04 Feb 2003 09:10:13 -0600 Received: from ernie.psp.pas.earthlink.net ([207.217.78.243]) by hawk.mail.pas.earthlink.net with esmtp (Exim 3.33 #1) id 18g4kF-0007Kb-00 for update@nacole.org; Tue, 04 Feb 2003 07:12:19 -0800 Received: from [207.217.78.15] by EarthlinkWAM via HTTP; Tue Feb 04 07 :12:18 PST 2003 Message-ID: <3842813.1044371538952.JavaMail.nobody@ernie.psp.pas.earth link.net> From: Kelvyn Anderson <kelvyn_anderson@earthlink.net> To: update@nacole.org Mime-Version: 1.0 Content-Type: text/plain; charset=646 Content-Transfer-Encoding: quoted-printable X-Mailer: Earthlink Web Access Mail version 3.0 Subject: [NACOLE Update] San Francisco CA - Activists blast cops, cite OCC Report Sender: Update-admin@nacole.org Errors-To: Update-admin@nacole.org X-BeenThere: Update@nacole.org X-Mailman-Version: 2.0.13 Precedence: bulk List-Help: <mailto:Update-request@nacole.org?subject help> List-Post: <mailto:Update@nacole.org> List-Subscribe: <http://nacole.org/mailman/listinfo/update_nacole.org> <mailto:Update-request@nacole.org?subject-subscribe> List-Id: NACOLE Update List <update_nacole.org.nacole.org> List-Unsubscribe: <http://nacole.org/mailman/listinfo/update_nacole.or g>, <mailto:Update-request~nacole.org?subject-unsubscribe> List-Archive: <http://nacole.org/pipermail/update_nacole.org/> Date: Tue, 4 Feb 2003 07:16:41 -0500 (EST) X-AntiAbuse: This header was added to track abuse, please include it w ith any abuse report X-AntiAbuse: Primary Hostname gamma.jumpserver.net Page 1 message.txt X-AntiAbuse: Original Domain - iowa-city.org X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 0] X-AntiAbuse: Sender Address Domain - nacole.org OCC Finds SFPD Guilty of Racism SF Bayview, Feb 03, 2003 Taiwo Kujichagulia-Seitu,=20 At a press conference Thursday, Bay Area PoliceWatch and attorney Wart en = Quan announced that the Office of Citizen Complaints has sustained hum ero= us charges involving police assaults on Black people in the past year and= a half. The civilian review body found the San Francisco Police Depar tme nt guilty of a =E2=80=9Cpattern and practice=E2=80=9D of racial bias. =E2=80=9CThe police swore up and down that they didn=E2=80=99t target Bla= ck people,=E2=80=9D said Susie McAllister, mother of one of the victim a 13-year-old girl. The OCC report =E2=80=9Cproves that they were lyin g, = that the police department singles out people of color for mistreatmen t, = harassment and abuse.=E2=80=9D One hundred thirty-seven years after the 13th Amendment ended enslavem ent= capitalism in Pu~erica, the vestiges of slavery are still prevalent in co- mmunities of color across the country. Blatant lawlessness and disrega rd = for human life are the only explanations for the actions of the San Fr aRC isco Police Department in numerous cases documenting the brutalization ,t= errorism and murder of countless victims, many of whom are children. Reminiscent of the enslavement era, parents Susie McAllister and Inell Ma nuel had the impossibly devastating choice to either helplessly stand by = and watch as their children were fondled, brutalized and threatened wi th - guns to their heads by the San Francisco Police Department or to inter ven= Page 2 message.txt e at the risk of being shot themselves. Their daughters, Alema Haskins an= d Janell Harris, ages 12 and 13 at the time of the incident on Martin Lut= her King Jr. Day 2001, were the victims of this deplorable act of viol Brian Brown and Tyrell Taylor, both 14, were also victimized on this n igh= t when all four children were ordered out of the car they had been sit tin= g in listening to music. Ail four children were handcuffed and ordered toTM lie face down on the ground with guns trained on their heads while po lic= e searched the car.=20 After telling the police to take the guns off of his little cousin, Je e King-Brown, 14, was slammed down onto the ground and beaten by eight wh= ite officers. Jerome suffered a concussion and needed 11 stitches on h is = mouth after an officer used his knee to press Jerome=E2 80=99s face in to ~ the pavement. The Chronicle reported Friday, =E2=80=9COfficers Stephen Jonas and Giu sep= pe Festa were among the officers who took King-Brown to the ground, ac ding to police reports obtained by The Chronicle. Sergeants Walter Cud dy,= Hector Jusino and Sherman Lee were supervisors involved in the case, the= reports say. It was not clear Thursday if any of them were among thos gainst whom complaints were upheld. They remain assigned to the Bayvie tation.=E2=80-gD The police never found what they were supposedly searching for. Ail of e children have suffered over the past year from post traumatic stress This is only one of four incidents of police targeting Blacks describe Page 3 message.txt di= n the complaint that was confirmed by the Office of Citizen Complaints ,a= n official City agency. Bay Area PoliceWatch, an independent watchdog erg= anization, filed the complaint on April 17, 2002. Though Police Watch Dir= ector Ishmael Tarikh knew the allegations were true, he was surprised tha= ' t the complaint was sustained. =E2=80=9CThe OCC only sustains about 90 complaints every year,=E2=80=9 DT= arikh observed. E2 80 9CFor them to sustain this complaint about syst emi- c racial bias is a tremendous condemnation of the San Francisco Police De= partment.=E2=80=9D PoliceWatch points to the following incidents as proof of their allega rio- ns of racial bias against Blacks: 1) June 13, 2001: Officers fire more than 20 shots, killing Idris Stel ley= at the Sony Metreon Theatre. 2) Jan. 21, 2002: Officers hold five children at gunpoint and brutaliz et= hem in Hunters Point. 3) Feb. 3, 2002: An off-duty officer shoots and kills unarmed Gregory Hoo= per. 4) March 15, 2002: Officers open fire on Geneva Avenue without clearin gb- ystanders. They kill Richard Tims and critically injure bystander Vild aC= urry..=20 Since the filing of this complaint, the San Francisco Police Departmen th= as continued to show their racist disrespect of the Black community as wa= s evidenced in the 10/11 attack at Thurgood Marshall Academic High Sch oo1= -2E What began as a fight between a small number of young people quick Page 4 message.txt ly = escalated when over 70 police officers stormed the school and began be ati- ng students who were jammed up in the hallway with no way to escape. W hen- teacher Anthony Peebles got his video camera to film this throwback f the Jim Crow era, police confiscated it and took him to jail. Twelve stu= dents were also arrested, all of them Black. That the police department is racist goes without saying. In one of th e m= ost liberal cities in the country, if not the world, Blacks, and all p eop= le of color, are still being treated as though we are in apartheid Sou th - Africa or confederate Alabama. The mentality of the Fugitive Slave Act here by every E2=80=9Cfree=E2=80=gD Black person is seen as a fugitiv e f= rom the law and thus a criminal, is still very much alive in the heart S a= nd minds of those who are entrusted to protect and serve. That in this modern day Black parents are still forced to stand by and tch their children beaten is an utter disgrace and speaks volumes abou t A= merica=E2-80=99s dirty little secret. This country is not, and never h as = been, the =E2=80=9Chome of the brave,-E2--80=gD just the home of hypocr isy. Asked by a friend why I never sing the national anthem, I replied, =E2 -80- =9CThey are beautiful words, but they are not true. When this country liv= es up to them, I will gladly sing it. I=E2=80-9911 be the most patriot ic = person in the world.=E2=80=gD Until that day however, I will continue to = follow the advice my mother gave me as a child. =E2=80=9CIf you are ev er -- in trouble,-E2-80=gD she said, E2-80-9Cdon=E2=80=99t go to the police F- ind an old Black woman and ask her for help. She=E2=80=9911 know what to Page 5 message.txt do.-E2-80=9D-20 Page 1 of 1 Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 6 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 6:34 AM To: update@nacole.org Subject: [NACOLE Update] Key West FL - Police blast newspaper accusations This story publisNed on Sun, Feb 2, 2003 Police answer accusations BY J.J. HYSELL keysnews.com City Manager Julio Avael and Police Chief Buz Dillon publicly denounced an article published in Friday's edition of Key West The Newspaper that focused on an alcohol-related arrest of Sgt. Scott Smith that occurred 21 years ago. The article, written by Kip Blevin, stabs at Smith, who last week took over for Sgt. Ed Stress as head of the department's traffic division. Blevin said a check of Smith's personnel file showed a Driving Under the Influence arrest in Flint, Michigan in 1982, when Smith was 19-years-old. The article also said Smith was involved in a "trophy photo" incident in the early 1990s, in which several officers gathered around a suspect who was on the ground and flexed their muscles for a picture. In an exclusive interview with The Citizen, Smith said he was arrested for DUI in 1982, and said he was disappointed that the article did not describe how the incident was a turning point in his life. Smith, who said neither Blevin nor KWTN publisher Dennis Reeves Cooper attempted to interview him about the subject, said he has not had a drink in 17 years. In a press release from Avael's office, Smith said the arrest is "nothing I ever tried to hide." "I regret that it happened," he said. "But I learned a valuable lesson from that experience." The release states that both Avael and Dillon "thought it was unfortunate that, once again, a biased story in a local paper overshadowed the commendable work of a Key West police officer." Messages left for Cooper seeking comment were not returned Saturday. Blevin's accusations of a trophy photo were attributed to unnamed sources, and KWTN reported that an internal affairs file on the incident no longer exists. The newspaper's allegations could not be confirmed by The Citizen Cooper, an outspoken proponent of the Civilian Review Board, is well-known for his scathing editorials scrutinizing the KWPD, and there is a long-standing history of crossing swords between Cooper and the department. He was issued an arrest warrant in June, 2001 when Dillon accused him of publishing information that threatened the procedure of a police internal investigation. Two weeks after Cooper was arrested, State Attorney Mark Kohl dropped the charge against Cooper, citing that the statute Dillon used had been previously struck down by an appellate court on an unreported appeal. Dillon told a Washington Post reporter in a July 2, 2001 article that the statute had been upheld on appeal. In December 2001, a suit was filed by the ~nerican Civil Liberties Union against Dillon in connection with Cooper's arrest. The DUI is the only controversial element in Smith's 283-page file, obtained by The Citizen on Friday. On a scale of 1 to 9 -- with 9 the highest ranking -- Smith has received no less than a 7 rating in evaluations during his 12 years of service with K~PO, according to the file. 1 Dillon called Smith an "exemplary officer." "I have full confidence, not only in his abilities as an officer, but in his integrity as a person," he said. In an emotional moment Friday night, Smith addressed the topic with his fellow officers at a briefing for the unit's debut of Traffic Safety Enforcement night, a 10-hour effort Smith initiated in which the traffic division employs additional patrols to hone in on drunk drivers and speeders. "I'm glad I was arrested before I did any harm to someone else or to myself," he told his peers. "That's why I feel this is so important." This story published on Sun, Feb 2, 2003 Update mailing list Update@nacole.org http://nacole.org/mailman?listinfo/update_nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 12:58 PM To: update@nacole,org Subject: [NACOLE Update] Scranton PA - State Cops file false complaint charges 02/04/2003 Scranton Times FALSE REPORT State police in Tunkhannock have filed charges against a Tunkhannock man who allegedly filed false reports regarding police misconduct during an investigation. Thomas Sean Demellier, 40, of 5 Demellier Road, was charged with making unsworn falsification to law enforcement authorities and making false reports to law enforcement authorities. Mr. Demellier claimed Trooper Donald Cole of the Tunkhannock barracks assaulted him during an investigation of a car accident in September on Route 92 just south of Route 307. The false report charges were filed after the completion of a state police investigation into Mr. Demellier's claims. Mr. Demellier has a preliminary hearing scheduled for March 14 before District Justice Patricia Robinson. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org Page 1 of 3 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, February 04, 2003 5:54 PM To: update@nacole.org Subject: [NACOLE Update] Gun Industry Ex-Official Describes Bond of Silence [] The NewYorkTimes I I[~] Sponsored by Starbucks ~ February 4, 2003 Gun Industry Ex-Official Describes Bond of Silence By FOX BUTTERFIELD former senior firearms industry executive said in an affidavit filed in court in San Diego yesterday that gun manufacturers had long known that some of their dealers corruptly sold guns to criminals but pressured one another into remaining silent for fear of legal liability. It is the first time a senior official in the gun industry has broken ranks to challenge practices in the business. The affidavit, by Robert A. Ricker, a former chief lobbyist and executive director of the American Shooting Sports Council, then the main gun industry trade organization, was filed in California Superior Court in support of claims by 12 California cities and counties suing the gun makers and their wholesalers and retail dealers. The cities, led by Los Angeles and San Francisco, contend that the gun industry has maintained a distribution system that allows many guns to fall into the hands of criminals and juveniles, creating a public nuisance and violating a California law on unfair business practices. A copy of Mr. Ricker's declaration, filed under seal, was made available to The New York Times. Mr. Ricker, a moderate in an industry dominated by hard-liners, lost his post as executive director of the American Shooting Sports Council in 1999 after attending a White House meeting with President Bill Clinton to discuss preventing more school shootings like the one at Columbine High School in Colorado. The meeting was opposed by the National Rifle Association, and Mr. Ricker said in his affidavit that pressure from the rifle association led the gun industry to disband his organization in favor of the more conservative National Shooting Sports Foundation. Several lawyers for the gun companies, including Lawrence G. Keane, general counsel for the National Shooting Sports Foundation, now the main gun industry trade group, said they had not yet seen Mr. Ricker's affidavit and therefore could not comment. in their defense, the gun makers have insisted they do not know what happens after the guns leave the factory, 2/4/03 Page 2 of 3 since they are sold to wholesalers and in turn to retail dealers. But Mr. Ricker, who has been working for more than two decades in the gun industry, including a stint as a lawyer for the N.R.A., said the gun makers had long known that "the diversion of firearms from legal channels of commerce to the black market" takes place "principally at the distributor/dealer level." "Corrupt dealers" make it easy for criminals and juveniles to buy guns, Mr. Ricker said, by allowing practices like "straw sales," in which an individual buys a gun on behalf of someone who is prohibited from purchasing a gun because of a criminal conviction or his age. "Leaders in the industry have long known that greater industry action to prevent illegal transactions is possible," Mr. Ricker said, particularly through a network of manufacturers' representatives who stay in close touch with dealers. But industry officials have "resisted taking constructive voluntary action," he said, and have "sought to silence others within the industry." This has resulted in a "see-no-evil, hear-no-evil approach," Mr. Ricker said, and encouraged "a culture of evasion of firearms laws and regulations." The gun makers became sufficiently concerned about their potential liability, Mr. Ricker said, that they convened annual meetings from 1992 through 1997, which he attended. A major subject was whether it would be good to take voluntary action to better control the distribution of guns. But, Mr. Ricker said, "the prevailing view was that if the industry took action voluntarily, it would be an admission of responsibility for the problem." Eventually, some of the lawyers decided that even holding the meetings was "dangerous" and they were stopped, Mr. Ricker said. Dennis A. Henigan, legal director for the Brady Center to Prevent Gun Violence, said of Mr. Ricker's affidavit, "The consummate insider has now exposed the dirty little secret of the gun industry -- that is, the underground market is supplied by corrupt gun dealers, and the industry punishes anyone who tries to stop it." Mr. Henigan is a co-counsel in the lawsuit by the California cities, which also include Oakland, Sacramento and Los Angeles County. In a telephone interview from his home in suburban Washington, Mr. Ricker said he had recently served as an expert witness for the gun industry in a related lawsuit, brought by Cincinnati. He said he also still served as a consultant to some gun companies. But Mr. Ricker said someone in the gan industry needed to speak up about bad dealers because "we've got a bunch of right-wing wackos at the N.R.A. controlling everything." Left to their own, Mr. Ricker said, many industry executives "would be more than willing to sit down and negotiate a settlement" with the cities about weeding out unscrupulous dealers. In his affidavit, Mr. Ricker also appeared to undercut another of the gun makers' most common defenses: that because they only sell to federally licensed dealers, they are fully obeying the law and the rest of the job of enforcing the law can be handled by the federal Bureau of Alcohol, Tobacco and Firearms. Mr. Ricker said in the affidavit that the idea that all dealers operate legally because they have a license is a "fiction." He added that "the firearms industry has long known that A.T.F. is hampered" by its shortage of personnel and loopholes in the gun laws. For example, he said, the bureau can inspect a dealer only once a year as a result of a law supported by the rifle association. 2/4/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, February 04, 2003 6:05 PM To: update@nacole.org Subject: [NACOLE Update] 4th trial in officer's death paints defendant as bully 4th trial in officer's death paints defendant as bully 02/04/2003 By HOLLY BECKA / The Dallas Morning News Dallas County prosecutors on Monday portrayed prison escapee Joseph Garcia as a bully who taunted robbery victims at gunpoint before an Irving patrol officer was fatally shot on Christmas Eve 2000. Defense attorneys for Mr. Garcia, the fourth escapee to stand trial in the slaying of Officer Aubrey Hawkins, urged jurors to listen to the evidence and "pinpoint what exactly Joseph Garcia did or did not do." As Mr. Garcia's death-penalty trial opened, lead prosecutor Toby Shook described the defendant's actions as part ora coordinated effort by the group of escaped felons to rob Oshman's SuperSports USA of guns, ammunition and $100,000 in cash. The group fatally shot Officer Hawkins, 29, as he drove up to investigate, Mr. Shook said. But defense attorney Hugh Lucas told jurors that Mr. Garcia's actions should be judged "separate and apart" from those of the other escapees, saying his client was not guilty of capital murder and shouldn't be lumped in with the rest. "Was he an accomplice in the taking of a life?" Mr. Lucas asked. "Look at Joseph Garcia and his involvement in that transaction." Mr. Garcia, who was serving a 50-year term for a murder that he said was self-defense, faces life in prison or the death penalty if convicted of capital murder. The three escapees tried before him, including admitted leader George Rivas, were each convicted on the same charge and sentenced to death. Prosecutors say Mr. Garcia, now 31, and six other escaped convicts held up the Irving store with prison gm~s stolen 11 days earlier during their break from a maximum-security unit in South Texas. After the shooting, the men fled to Colorado, where six were captured after a nationwide manhunt. The seventh committed suicide. To prove Mr. Garcia guilty, prosecutors don't have to show that bullets fired by Mr. Garcia were the ones that killed Officer Hawkins. Under Texas' "law of parties," Mr. Garcia may be held liable if he encouraged or assisted the others during the crime. Oshman's manager Wesley Ferris testified Monday that Mr. Garcia "gave me the impression he wouldn't hesitate to hurt somebody at the slightest move" during the robbery. He said that after the Oshman's employees had been rounded up, Mr. Garcia made menacing remarks as he stood by another manager, pointing a gun in his back. "He said: 'Looks like we have a tough guy here .... Go ahead and try something. 1 want you to try something,'" 2/4/03 Page 2 of 2 Mr. Ferris said, quoting the escapee. Testimony is scheduled to resume at 8:30 a.m. Tuesday. E-mail hbecka~da!lasnews.com Online at: http:llwww.dallasnews.coml!ocalnewslstorieslO204dnmetgarcia.55673html *** eSafe scanned this email for malicious content *** *** IHPORTANT: De not open attachments from unrecognized senders *** 2/4/03 Page 1 of 1 Marian Karr From: Iris Jones@ci.austin.tx,us Sent: Tuesday, February 04, 2003 6:06 PM To: update@nacole.org Subject: [NACOLE Update] HP officer admits fault in accident HP officer admits fault in accident 02/04/2003 From Staff Reports A Highland Park police officer has admitted fault in a traffic accident that launched his police vehicle into a house on Thursday night, officials said. Officer Tom Pritchett was speeding southbound on Lomo Alto Drive when he collided with another car and crashed into a home in the 4400 block of Belfort Place. No one was seriously injured. Mr. Pritchett, who was responding to a call, had on his emergency lights but not the siren, according to a Texas Department of Public Safety report. "We have a policy requiring any time you use the lights, you use the sirens," said Highland Park Detective Randy Millican. Detective Millican said the department will conduct an internal review. Discipline could range from probation to termination, although officers in similar situations have received probation with additional driving training and loss of work hours or holiday vacation time, he said. Online at: http:llwww.dallasnews.comllocalnewslstories/O2040~dnparofficer, lc9ae8ab.html eSafe scanned this email for malicious content *** IMPORTANT: De not open attachments from unrecognized senders *** 2/4/03 Page 1 of 3 Marian Kart From: Ids.dones@ci.austin.tx.us Sent: Tuesday, February 04, 2003 6:07 PM To: update@nacole.org Subject: [NACOLE Update] Officer determined to recover after being shot Officer determined to recover after being shot -11 02/04/2003 By MICHAEL E. YOUNG / The Dallas Morning ]News Tucked into her wheelchair, with a brace helping to hold her upright, and weary from back-to-back-to-back interviews, Officer Lisa Ramsey wants nothing more than to put her life back together, the way it used to be. "My grandfather told me if you worked hard at something, you'd be successful," Officer Ramsey said Monday at the Baylor Institute for Rehabilitation, where she's spent the last three weeks. I [] *, "I just want a normal life. I want the kind of life I had before." ~ t-(.m N .~..~t, I)X~N That was life before Jan. 2, when Officer Ramsey followed a drug suspect into the E-Z Food Store in East Fort Worth. Police had purchased $20 of crack cocaine from a man in the officer I. isa Ramsey parking lot, and the officer, an eight-year Fort Worth veteran, trailed him to make the arrest. A hood covered Officer Ramsey's face, and she carried her gun in her hand. The son of the store's owner, thinking her an armed robber, drew his gun and fired. The bullet entered below her left ann and pierced her lung. It may have nicked her spinal cord. At the very least, shock from the bullet caused the cord to swell. And Officer Ramsey, the single mom of a 4-year-old daughter, lost control over the lower part of her body. "People said that afterward I was awake and talking and cutting up like always, but I don't remember anything," she said. "All I remember is having thoughts of my daughter and willing myself to live." Also Online Born in Kingsville, Texas, and raised in the oil camps where her father Video: Karin Kelly reports worked, she learned early to make the best of life. "We never lived anywhere more than four years," she said, but the moves didn't bother her. Officer Ramsey remembered one place with such fondness - a Kelsey-Bass camp - that she used part of the name as her daughter's. 2/4/03 Page 2 of 3 Positive outlook That attitude served her in her 15 years of police work in various departments, and it will serve her well as she recovers, her doctor said. "I think in general, attitude is the most important part of the puzzle," said Dr. Lance Bruce, head of Baylor's Spinal Surgery Service. "She has an excellent attitude. She's clearly a fighter." Officer Ramsey takes her victories day by day and savors each one. "My first class of the day is getting dressed," she said, pausing, "and I've mastered it! "I called my friends one day and said, 'Hey, I got dressed today!' The next day I called and said, 'Today I put on my tennis shoes.' And the next day I called and said, 'I tied my tennis shoes today!'" Her rehabilitation work covers two areas, the physical and the practical. Each morning, she works to stretch the muscles in her lower body while maintaining those in her arms, shoulders and chest, the ones that will have to do the work her legs once did. And in the afternoon, she acquires the practical skills she'll need to live independently, things such as getting in and out of the wheelchair, into a car, into bed. "They have a mat, and you pretend it's a bed," she said, "and you practice lifting your legs onto it. "I had no idea my legs weighed so much." She wears a brace around her midsection, on Monday beneath a "Sig Arms" sweatshirt, that helps stabilize her. "I'm hoping in two or three months I'll have strengthened my abdominal muscles enough that I won't need it anymore." Ultimately, of course, she hopes she won't need any of the mechanical assistance she uses now, including her wheelchair. "IfI can't regain the use of my legs, I'll still do everything I can to have a normal life," she said. "But I plan on getting out of this chair, getting out and throwing it aside." A normal life That's the goal of the team at Baylor, too, Dr. Bruce said. "What you'd hope is she recovers the ability to walk," he said. "But our goaI is that she be able to live completely independently, to return to work, to live normally." And to be a full-time mom again. When she speaks of Kelsey, Officer Ramsey's words rush out, filled with a mother's pride. 2/4/03 Page 3 of 3 [] i "That child thinks life is just her own little personal party and we're all her guests," she said, "and she's been that way since she was born. She's just always happy." M~ ~-('m s.~u/m~ But Kelsey 'knows something is wrong with her mom and worries about it. "I can see her little wheels turning," Officer Ramsey said. "I've told her to pray and she does officer Lisa Ramsev every night, that God and Jesus will make my legs better." Their games have changed, though. Officer Ramsey can't pick Kelsey up as she once did. She can't twirl her around like an airplane ride on the carnival midway. Instead, Kelsey climbs into her mom's lap and nestles there. "She wanted to know whether I'd be able to sit on the couch with her, and I told her I would," Officer Ramsey said. "She asked if we could still sleep together - she's always slept in my bed - and I told her we could. "She knows things will be different. She just wants her mama back." E-mail myoung~dallasnews.com Online at: http://www.dallasnews.com/Iocalnews/stories/O20403dnmetramsey.1clb16c7.html *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders 2/4/03 Page 1 of 2 Marian Karr From: Iris. Jones@ci.austin.tx.us Sent: Tuesday, February 04, 2003 6:10 PM To: update@nacole.org Subject: [NACOLE Update] Houston Police Chief Bradford returns in good spirits Feb. 4, 2003, 12:4lAM Bradford returns in good spirits By S.K. BARDWELL Copyright 2003 Houston Chronicle Houston Police Chief C.O. Chronicle Bradford resumed his post Monday in good spirits -- Houston Police Chief C.O. Bradford is greeted by a full color guard as he resumed his post, Monday. greeting friends and staff who welcomed him back to police headquarters downtown and answering questions about his political future. Mayor Lee Brown relieved Bradford with pay in early September after the chief was indicted on charges of aggravated perjury, but Bradford was exonerated Jan. 23 when state District Judge Brian Rains dismissed the case, saying the prosecution's evidence was too weak to continue the trial. Bradford said he was overwhelmed by the welcome Monday, and thanked Inspector General Tim Oettmeier -- who acted as chief during Bradford's furlough -- for "an exceptional job of keeping this boat afloat during my absence." When asked about rumors he might run for mayor, Bradford turned the question back to the large crowd of well-wishers in his conference room. "What do you think of that?" he asked, to which came a lengthy round of applause in reply. "I have not made that decision," Bradford said. "There are people out there who want me to, people who believe this ordeal has put a burning fire in my belly. "What I'm doing right now is wearing the badge of the Houston police chief," he said. "I will make that decision later." Bradford denied that he feels any rancor toward Harris Comity District Attorney Chuck Rosenthal, who filed the charges against him -- a move that many have criticized. Bradford was accused of intentionally lying under oath about whether he called Assistant Chief J.L. Breshears a "mother f---*-." The chief said in a police grievance hearing in May that he did not recall using profanity, but if he did, it was wrong. The allegation against Bradford stemmed from a grievance hearing regarding Capt. Mark Aguirre's use of profane and threatening language to his subordinates. 2/4/03 Page 2 of 2 Aguirre was fired last week for his oversight of the botched Aug. 18 Kmart raid. Charges against the nearly 300 people who were arrested have since been dropped; meanwhile, several lawsuits have been filed against HPD and the city. "I don't know why it was pushed forward," Bradford said of the perjury case against him. "It couldn't have been the evidence they were looking at." Nevertheless, Bradford said, "I expect Chuck Rosenthal and myself to work together professionally" in the future. Rosenthal was out of the office Monday recovering from surgery. Bradford also was asked if the ordeal caused him to fear for people wrongly charged and without his resources. "Clearly, part of the system failed me," Bradford said, adding that he referred to "a proper screening by the Harris County District Attorney's Office." "But eventually, the system worked," Bradford said. On Thursday evening, Metro Chairman Arthur Schechter will host a private reception to raise money for Bradford's legal defense fund. In a letter accompanying invitations to the event, Schechter said legal bills stemming from the "politically motivated perjury charge" amount to more than $50,000. Donations of $250 to $1,000 are being asked of those attending the reception at the Bombay Palace. *** eSafe scanned this email for malicious content *** IHPORTANT: De net epen attachments from unrecegnized senders 2/4/03 Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 9:53 PM To: Update@nacole.org Subject: [NACOLE Update] Pittsburgh PA - State court hears Pittsburgh police review board's appeal Importance: High State court hears Pittsburgh police review board's appeal By JUDY LIN The Associated Press 2/4/03 6:53 PH PITTSBURGH {AP) -- A civilian board that reviews complaints against Pittsburgh police asked a state court Tuesday to force the mayor and police chief te grant immunity to officers testifying at its investigations. Frederick Thieman, attorney for the Pittsburgh Citizen Police Review Board, told a panel ef three judges that the mayor and police chief should he obligated to order officers to cooperate with the board by granting them immunity. As it stands, the mayor and police chief are essentially helping officers "hide behind the Fifth ~k~endment," which protects people from self-incrimination, Thieman said. The board filed suit in November 2000, charging that Mayer Tom Hurphy and police Chief Robert W. McNeilly Jr. have net helped its cause. Officials said the seven-member beard cannot de its job because the police union reconu~ended that officers not participate in the board's investigations. Common Pleas Judge Joseph H. James ruled last year that the board cannot force Murphy or HcNeilly to grant is~unity. The state Cor~menwealth Court, which heard arguments from both sides Tuesday in Pittsburgh, is expected to take weeks or even months to make a decision. Attorneys for the city and police union argued that the mayor and police chief can't be forced into granting immunity because it's a discretionary power of their respective offices. Besides, they said, legal protection could only be extended to potential criminal prosecution -- not civil claims. When voters approved the creation of the board in 1997, they granted it limited powers based upon the understanding that the board would make recommendations taken up in "good faith" by the mayer and police chief, said George R. Specter, attorney for the city of Pittsburgh. "The beard is asking this court te de what the citizens who voted for this board did not de," Specter said. The board was created in the wake of allegations of police corruption. The city entered into an agreement with the Justice Department te make police reforms in 1997 and it wasn't until September that a judge lifted most of the federal oversight. The city's Office of Municipal Investigations, however, remains under federal watch because of problems including a backlog of cases. The office also investigates citizen complaints ef police misconduct. Police officers have been granted immunity in OMI investigations because, unlike the review board, the office's investigations are net public, Specter said. Thieman told the judges that the entire goal of the board is to allow an independent group te investigate possible police misconduct without having to worry about conflicts ef interest, such as when eno city agency investigates another. Update mailing list Update@nacole.erg http://nacole.org/mailman/listinfo/update nacole.org Marian Karr From: Kelvyn Anderson [kelvyn_anderson@earthlink.net] Sent: Tuesday, February 04, 2003 9:57 PM To: Update@nacole,org Subject: [NACOLE Update] Louisville KY - Jury to decide Officers Fate in Police Corruption TriaJ Jury Deciding Officer's Fate In Police Corruption Trial (LOUISVILLE, February 4th, 2003, 5 p.m.) -- A jury began deliberations Tuesday in a police corruption case against a former narcotics officer whose one-time partner testified against her as part of a plea agreement. Christie Richardson, 36, is accused of hundreds of counts of burglary, possession of a forged instrument and bribing a witness. She is facing a maximum of 70 years in prison if convicted. In his closing argument on Tuesday, Richardson's attorney, Steve Schroering, said Richardson is guilty only of trusting her former partner. "Quite frankly, this case was over a week-and-a-half ago," Schroering said. "It was over when Mark Watson signed a plea agreement. Everything in this case began with Mark Watson and ended with Mark Watson." Watson was Richardson's former partner, whose repeated failure to appear in court while still filing paperwork for court pay prompted the investigation into the two detectives. He pleaded guilty last week to forging judges' signatures on search warrants, burglary and other charges of official misconduct. Watson, 39, will go to prison for 20 years as a result of the plea agreement. "I feel like he took my life away," Richardson said on the stand Friday. Watson testified earlier that he believed Richardson knew he was photocopying judges' signatures to several warrants. Since the trial began Jan. 14, Schroering has tried to pry his client from Watson's side in the mind of the jurors. Watson, he said, had accusations of excessive force and wrongful arrest leveled against him when he was with the Atlanta Police Department in the late 80's and early 90's. Also, Schroering said, Watson's skipping court dates was an issue in Atlanta. "Ail of this happened before Christie stumbled into metro narcotics," he said. Assistant Co~nonwealth's Attorney Scott Davis, who cautioned jurors not view Richardson as a rookie blindly following the lead of her decorated veteran partner, said she and Watson trampled all over The Constitution in forging warrants and executing them on unsuspecting citizens. Many of the subjects of the warrants testified that Richardson and Watson often stole money from them and planted drugs in their homes. "If they knew the search warrant was bad, every act they committed inside is a crime," Davis said. Defense attorneys argued that Watson actually photocopied the judges' signatures on the warrants -- which he admitted on the stand -- and that Richardson was never aware of what he was doing. "Is it reasonable to believe that she could spend all that time with him and not know where his four times better than everyone elses' stats were coming from?" Davis asked the jury. Richardson and Watson, who were partnered together in 1998, almost every hour of the workweek together -- including overtime -- and spent social time together, including vacations and out-of-state training trips. "I guess it took me a long time to believe that he did these things," Richardson said of Watson. The prosecution conceded that most of the bogus warrants and citations with falsified names on them stemmed from Watson, but said that Richardson's signature on confidential informant sign-up forms and pay forms for the informants prove she is lying. Metro narcotics dictates that a detective must witness the actual payments or sign-ups to sign the forms. On the stand, Richardson said she signed the forms without actually witnessing money change hands. Several informants say they never received payment from Richardson or Watson for their work. "You don't have to look at this in a vacuum," Davis told the jury. "You know she's created these fake sign-up forms. You know she's turned in bogus pay reports." Richardson is charged with 15 counts of burglary, 130 counts each of criminal possession of a forged instrument and tampering with a forged instrument, six counts of theft by deception over $300 and once count each of bribery, theft by deception under $300 and official misconduct. Richardson was still on the force after Watson was suspended. The investigation turned on her when she was questioned about one of her outstanding cases. Fearing that she had forgotten to file a buy report for the outstanding case, Davis said, Richardson created a bogus buy form for the case. However, the buy report was not what was missing from the case file, prompting her supervisors to question her on why there were two buy reports for the case, Davis said. "These are the actions of a terrified, frantic individual who has been found out," Davis said. Update mailing list Update@nacole.org http://nacole.org/mailman/listinfo/update_nacole.org 2