One-Year Anniversary

May 21, 2013 @ 9:54 AM by Tim Lynch

Good morning! Today we are celebrating our one year anniversary here at policemisconduct.net!

Our job here is to gather news reports about police misconduct in America in a fair and unbiased way. Our primary objective is to study the scope of the problem and to identify policies that can minimize misconduct.

This site is hosted by the Cato Institute, the world’s leading libertarian think tank. We expect thousands of new visitors here today because Cato’s marketing team is blasting a notice about our work far and wide this morning. So, if this is your first visit, welcome! Quick virtual tour: Over on the right margin of the home page, you will find the stories we are tracking today. On the main page (where you are looking now), we post a “Daily Recap” of the stories from the previous day along with additional details we could not include in a tweet. There is always a link to our news story source for anyone who wants to read the full story. We are as transparent as possible. In addition to the recap, we also use the main page to highlight stories or news articles on related aspects of the American criminal justice system. You’ll also see links to Cato books and events–these resources are offered to persons who wish to deepen their understanding of our constitutional rights and police misconduct issues. At the top of the page, you’ll find links for additional background information, including Frequently Asked Questions.

Let me take a moment here to mention a few other things. First, whether you are a regular reader or first time visitor, one easy way that you can help this project is by spreading the word–so please take two minutes to go over to our Facebook page and “Like” us and recommend us to your friends.

Second, we invite you to work with us. We want to expand our reporting capacity. We’re grateful to the dozens of readers who take a moment out of their day to send us police misconduct stories that they come across in their own community, or just as they scan the news generally. As we grow, we’ll eventually have ‘scouts’ in all of our major metropolitan areas–and beyond. Consider doing this yourself. Really. If you read the news and can email, you’re qualified! We will not interrupt your evening with phone calls asking you to renew your support. We don’t roll like that. Help us out whenever you can. Here is our form for story submissions.

We’re pleased with the work we have done over the past year, but we will be striving to do better work in the coming months and years. Thanks for visiting!

Worst of the Month — April 2013

May 9, 2013 @ 1:20 PM by Tim Lynch

This month we have two particularly egregious cases in which police officers have been accused of crimes against victims. That is, these are instances in which people called the police for help, but the police instead victimized them all over again.

The worst case is from Bolivia, North Carolina. According to the complaint filed by a minor’s guardian ad litem, a police officer, Jaymin Lenwood Murphy, came to a home to investigate allegations that an adult had sent inappropriate photos via cell phone to a minor child. The officer said he needed to question the minor in private. Once in private, the officer had the minor remove her clothing so he could take photos for his ‘investigative file.’ It gets worse. The officer later returned on minor’s fourteenth birthday and raped her.

The runner-up story comes from Bakersfield, California. A 21-year-old woman called the police to report a burglary. Two deputies arrived and one led her into a room where she was then sexually assaulted under the pretense of a ‘pat-down’ search by the deputy. The authorities did move promptly against this deputy–so good for them.

Worst of the Month — March 2013

April 9, 2013 @ 4:26 PM by Tim Lynch

This is a bit tardy because of recent travels, but for March it is the story about former Police Chief Bruce Barlow from Mendenhall, Mississippi:

The indictment said Barlow instructed “his officers to seize cash at every arrest, including money from people arrested for misdemeanors.” When some of those people were arrested, Barlow offered to let them go or reduce charges if they forfeited their property and money, the indictment said. Sometimes he allegedly demanded more money “purporting to be contributions to the police department’s ‘drug fund.’ ” If the payment was in cash, the money rarely made it to the drug fund, the indictment said.

When then-Chief Barlow became aware that he was under investigation, he started committing more crimes:

Barlow tried to create and back-date an inventory list of the property he had taken and took money purported to be for the drug fund to Mendenhall City Hall for deposit, the indictment said. The former chief also is charged with attempting to “intimidate, threaten and corruptly persuade” a witness to lie to the grand jury.

Worst of the Month – February 2013

March 5, 2013 @ 3:02 PM by Tim Lynch

This month it is the story from California where totally innocent people were shot by police during the manhunt for Christopher Dorner. There is no greater responsibility for a police officer than his/her use of deadly force. If they get that wrong, the less important tasks hardly matter. Alas, there is a tendency for departments to back up questionable conduct–perhaps out of fear of lawsuits. But if the officer did exercise lousy judgment in the incident, and he is not relieved of duty (or charged), what do you say to the next victim?

The runner-up comes from Bozeman, Montana. At first, the complaint was about excessive force by certain officers. Then, in response to that complaint, the police went back and intentionally altered an audio tape–deleting the portions they did not want the judge and jury to hear. If civilians engaged in conduct like that, the government would call it obstruction of justice, spoliation of evidence, and possibly perjury.

Worst of the Month — January 2013

February 7, 2013 @ 2:55 PM by Tim Lynch

We are starting a new feature here on the web site. We’re basically going to highlight what we think was the worst police misconduct story each month. We invite feedback from our readers–whether by email or postings on our Facebook page–as the stories come in during the month. We’re not going to try to tally up votes or anything like that, but having constructive feedback is always helpful to us. If our choices seem arbitrary and subjective–that’s probably because they are. Maybe after several months of hearing from our readers and the reasons they offer for particular stories, we’ll find some kinda consensus criteria. Maybe not. In any event, let’s start this.

For January 2013, it’s the story from the Los Angeles Times about two cops who would use their official police powers to coerce sex from women. According to the authorities, these officers would drive women to secluded places, threaten arrest, and then offer them “a way out.” Faced with such threats under such circumstances, the women not only feared the consequences of a false arrest (and that no one would believe them), they feared for their lives. How would one know what these cops were prepared to do?

The runner-up story comes from Ohio. Sgt. Brian Dulle died in the line of duty. A fellow officer, William Hunt, started a memorial fund for Dulle’s widow. But it turns out that Hunt stole money from that fund to pay off personal loans. Sheriff Larry Sims said, “To steal from your friend who was killed and his family, it’s just unspeakable.” Yes, it is, and it makes you wonder why the prosecutors are only asking for probation in this matter.

National Police Misconduct NewsFeed Daily Recap 10-26-12

October 31, 2012 @ 12:17 PM by Tim Lynch

*Note* Due to Hurricane Sandy, Cato was shut down 10-29-12 and 10-30-12. When Cato shuts down, there will not be tweeting/blogging on PoliceMisconduct.net. Back up now :)

Here are the 9 reports of police misconduct tracked for Friday, October 26, 2012:

Trenton, New Jersey: A trooper has been suspended without pay after he allegedly punched a man, cutting him above and below the eye. He was charged with simple assault and threatening a police officer. ow.ly/eNtFF
Washington, DC: A FBI agent has been charged and convicted with vehicular manslaughter and related charges. He killed one teen and injured another in a car crash. ow.ly/eNpzH
Update: Dallas Texas: A deputy got a 38 day suspension for stopping a motorcyclist without cause and seizing his helmet camera. When the motorcyclist was pulled over the officer told him, “the reason you’re being pulled over is because I’m gonna take your camera and we’re gonna use it as evidence of in the crimes that have been committed by other bikers.” Said a criminal justice expert, “I think we should applaud the agency. There were days in American law enforcement when nothing would’ve happened.” ow.ly/eNuLf
Susquehanna County, Pennsylvania: An officer was accused of murdering his wife almost 30 years ago. He has been suspended and is currently being held in jail. ow.ly/eNoS0
Cokeville, Wyoming: A motorist has filed suit the town after he says that the police chief took cash from drivers for ‘traffic tickets’ and then took the money and disappeared. ow.ly/eNheH
Varnall, Georgia: An officer was indicted for 1st degree vehicular homicide and reckless driving in the death of a contract newspaper carrier. He has resigned. The police chief said that an internal investigation showed the officer violated several department policies. ow.ly/eN9K1
Parkersburg, West Virginia: An officer was suspended after he was arrested in Ohio. He was charged initially with operating a vehicle while intoxicated. He failed a series of field sobriety tests, at one point losing his balance and nearly falling onto the parking lot, says the report. “He talked to the police officer and the prosecuting attorney and said they were not going to charge him with DUI, but with another offense,” said the Parkersburg Mayor. ow.ly/eNgmg
Dekaulb, Georgia: A police chief was sentenced to three years and seven months in prison for conspiring to take bribes. He admitted that “no one should sell their badge” and that he did just that. ow.ly/eN6Xl
Update: Downey, California: An officer who killed a man he mistook for a robbery suspect will not face criminal charges. ow.ly/eM0Vl

Police Chief Sounds Off

October 25, 2012 @ 4:52 PM by Tim Lynch

So this morning I received an angry email from a police chief in Michigan. His complaint concerns a story we related about a dog getting shot by a police officer. This is the item from our September 11 recap:

St. Louis, Michigan: A local family says their dog was shot and killed at the hands of a police officer. Lori Walmsley, a neighbor, says she saw the incident. Walmsley said the officer asked if the was dog hers. She said “no,” but told the officer Scout wasn’t dangerous. She says the officer tried to catch the dog, who apparently didn’t want to be caught. The dog tried to run away and when cornered by the officer, let out a little growl. Walmsley says she couldn’t believe what happened next. “He just started shooting him, he just kept shooting him in the head,” she said. “I said, ‘What are you doing? He’s just a puppy!’” bit.ly/PjQbJf

Here’s the email from the Police Chief, Patrick Herblet:

Wow is all I can say. Your general statement to all says you publish strong cases supported by third-party witnesses or other compelling evidence. You need to get the incident report/investigation from the independent agency, (Michigan State Police) that I by the way requested be done less then 12 hours after the incident. All you have is the words of a so called witness that changed her story several times and only said, the vicious things she said after the TV camera was in her face. I could and at some time will tell this whole story, but in the meantime I will stand by the officer making the right decision under the circumstances and the Investigation done by the Michigan State Police and the decision of our county Prosecutor. I now have zero respect for anything you put in print when I have first hand knowledge that you do absolutely no investigation before you print your vicious hate toward public servants.

There has been a very recent development in the case: No charges against the officer. I’m not sure why Mr. Herblet is reluctant to tell us the “the whole story” now, but he is confused about a few things. This site gathers news stories from around the country relating to police misconduct. We do not have the investigative capacity to go forth and interview the witnesses in each case. We don’t even have the capacity to do that for the police force here in Washington, DC, much less police incidents around the entire country. So Mr. Herblet’s real complaint seems to be with our news gathering method or the local media who, he thinks, originally “printed vicious hate toward public servants.” But even that complaint seems misplaced. The reporter related what the witness said. Of course, a good reporter should always ask the police for their side of the story, but there is no indication that that did not happen here, so what gives? Even now Mr. Herblet says we don’t have the “whole story.” He seems to be saying “just trust me!”

I think Mr. Herblet did the right thing as far as calling in a separate agency to conduct an investigation into the shooting. I do not know whether that agency did a good job or not. I do not know whether the neighbor/witness is reliable or not. I do not know whether the dog was “coming at” the officer or whether “coming at” means “walking toward” or “attacking.” I do know that using a gun is serious business–deadly force!–and that if a gun is used inappropriately, there should be accountability. There are situations where a cop should not be criminally charged, but neither should he be a sworn officer anymore (accidents, bad judgment, etc). As always, readers here are invited to come to their own conclusions. You have the news stories and we have shared Mr. Herblet’s point of view. We are as transparent as possible.

NPMRP in the News

June 21, 2012 @ 3:19 PM by Tim Lynch

From Frontline:

Rodney King, who was found dead this weekend in a swimming pool at his house, once said that he believed his beating by Los Angeles police officers back in 1991 had “made the world a better place,” by bringing attention to the problem of police abuse.
Following the King incident and other scandals, LAPD entered a consent decree with the Justice Department that imposed major reforms, including more aggressive internal audits and officer training. But in the 20 years since King’s beating, allegations of police misconduct have remained a serious problem in several cities nationwide.
What impact, if any, did the King case have on the problem? “Not enough,” said Ezekiel Edwards, director of the criminal law reform project at the American Civil Liberties Union.
Edwards said that better training has made the police more professional and that there are more opportunities for accountability with the proliferation of cellphone cameras. But, he said, “This is still a significant problem around the country.
“People that have to deal with excessive force are often the most disenfranchised, living in communities that don’t have a lot of political power,” he said. “A lot of things happen in those communities that people aren’t seeing.”
The most recent data from the National Police Misconduct Reporting Project, which offers one of the only comprehensive accountings of misconduct allegations against the 18,000-some law enforcement agencies nationwide, showed a slight uptick in the number incidents of reported misconduct and a 6 percent increase in the number of reported incidents involving excessive force from 2009 to 2010 (the most recent years for which data is available).
Under the Obama administration, the Justice Department has taken on more active role in pursuing abuse allegations, which has brought some changes on state or city levels.
Last year, we noted that the Justice Department’s Civil Rights Division had 17 ongoing investigations into law enforcement agencies to pursue allegations of excessive force or discrimination — more than at any time in the division’s history. Those investigations are still open.
The DOJ also has entered into a consent decree to require major reforms, or a memorandum of understanding to address specific concerns, with seven departments: Los Angeles, Detroit, the Virgin Islands, Beacon, NY; Warren, Ohio; Easton, Penn.; and the Orange Country Sheriff’s office in California.
In Seattle, a federal investigation found last December that the Seattle Police Department engaged in “a pattern or practice of unnecessary and excessive use of force,” and that about 20 percent of the cases suspects’ civil rights were violated.
In Chicago, police paid $45.5 million in damages in cases of police misconduct between January 2009 and November 2011, according to a recent investigation by the Chicago Reporter, with 75 percent of those cases involving excessive force. Meanwhile, an independent commission set up to investigate allegations of two decades of torture by police has lost its funding after following up on only five cases. The court filings detail repeated, brutal abuse of suspects by police.
The Newark, N.J. police department is currently under investigation by the DOJ for an alleged pattern of excessive force and discrimination after the ACLU documented 407 allegations of police shootings, sexual assault, false arrests and other abuses.
And then there’s the investigation into police misconduct in New Orleans after Hurricane Katrina, which we’ve been following since 2009 in our Law and Disorder project. The DOJ has accused the department of a “systemic violations of civil rights,” and is working to establish a consent decree with the department. One of the incidents that drew the attention of the Justice Department: the conviction of five officers in the shooting deaths and cover-up of two civilians on the Danziger Bridge.
In September, Assistant Attorney General Thomas Perez, who heads the DOJ’s Civil Rights Division, said the bridge shooting was the “most high-profile incident” since the beating of Rodney King.

New Map Available

May 31, 2012 @ 2:13 PM by Tim Lynch

For interested persons, we took the 2009 Aggregate Reports and 2010 Aggregate Reports previously compiled by David Packman and exported them to a single Fusion table, which we then linked up with a Google Map to visually display the incidents in those reports. To increase the usefulness of the map, we integrated the ability to focus the map on a specific locations, and also to filter the displayed results by words in the incident descriptions (so for example, searching “rape” will display those incidents with “rape” in the description). Thanks to Cato intern Will Hayworth for his efforts on this.

We will be working on other improvements to the site in coming weeks.

Our First Week — Reader Feedback

May 29, 2012 @ 11:40 AM by Tim Lynch

So our new website has been up for about a week now and I just wanted to express my thanks for the enthusiastic support we have received so far. Thanks also for the news tips — keep’em coming!

Here’s a sampling from our in-box in recent days:

“Thanks for getting this site back up.”

“I have to say, I love the new site.”

“I’m really excited about this project!”

“Thank you for this important service you are providing.”

“I am absolutely delighted that Cato is involved now.”

“What a wonderful project!”

“I love this site!”

“How do I contribute money and information to this site?”

“Thank you for this service, information is king.”