National Police Misconduct Reporting Project

October 2009 National Police Misconduct Statistics

UPDATE: For more current statistics, including our 2009 Annual Report that contains all data from 2009, please visit our Police Misconduct Statistical Report menu page.

Introduction

The National Police Misconduct Statistics and Reporting Project utilizes news media reports of police misconduct to generate statistical information in an effort to approximate how prevalent police misconduct may be in the United States.

As part of this project, reported incidents of misconduct are aggregated into a news feed on Twitter and added into an off-line database where duplicate entries and updates are removed and remaining unique stories are categorized for statistical information in monthly, quarterly, and yearly reports here on this site. To view data from other months, refer to the Police Misconduct Statistics menu item located on the top menu bar.

*Note: This report is for incidents in October 2009 only. For more detailed aggregated statistics, please visit The NPMSRP 2009 Semi-Annual Police Misconduct Statistics Report which was released on 10/09/09.

General Statistics

The following report was generated from data gathered in the month of October 2009. In this month alone there were:

432 – Alleged incidents of reported police misconduct that were tracked in national news media.
13.9 – Reported incidents that were tracked per day on average.
534 – Law enforcement officers that were cited in those reports.
35 – Law enforcement leaders (police chiefs & sheriffs) that were cited in those reports.
554 – Alleged victims specifically cited in those recorded reports.
30 – Fatalities reported in connection with alleged instances of misconduct or criminal activity.
$24,658,500 – Reported costs in police misconduct related civil litigation (not counting undisclosed settlements or legal fees).

Categorization

When examining misconduct reports by type, the top 3 complaints:
15.5% (67) were excessive force complaints.
14.8% (64) were sexual misconduct complaints (25 involved minors).
10.0% (43) were financial crime (theft/fraud) complaints.

Oct09Types

When examining reports by last reported status:
22.9% resulted in punitive actions taken against the officer involved.
35.2% were prosecuted criminally.
35.5% of criminal cases resulted in convictions.

Oct09Stat

Localization

October 2009 NPMSRP Map10 worst cities by total number of reports in October alone:
1. New York NY 12
2. Chicago IL 10
3. Memphis TN 4
3. San Jose CA 4
5. Atlanta GA 3
5. Baltimore MD 3
5. Broward Co FL 3
5. Dallas TX 3
5. Dolton IL 3
5. Los Angeles CA 3
5. Minneapolis MN 3
5. New Orleans 3
5. Phoenix AZ 3
5. Portland OR 3
5. St. Louis MO 3
5. Seattle WA 3

10 worst states ranked by projected officer misconduct per capita rate:
1. West Virginia (17) – 5368.42 per 100k
2. Indiana (22) – 2523.90 per 100k
3. Washington (22) – 2489.39 per 100k
4. New Hampshire (5) – 2338.27 per 100k
5. Minnesota (16) – 2165.09 per 100k
6. Oregon (10) – 2037.35 per 100k
7. New Mexico (6) – 1747.57 per 100k
8. South Dakota (2) – 1675.98 per 100k
9. Connecticut (12) – 1668.21 per 100k
10. Illinois (51) – 1643.04 per 100k
(National projected average from semi-annual report is 834.69 per 100k)

The 10 worst state rankings by sheer number:
1. Texas – 55 (1252.97 per 100k)
2. Illinois – 51 (1643.04 per 100k)
3. California – 49 (723.37 per 100k)
4. New York – 34 (665.26 per 100k)
5. Florida – 31 (836.26 per 100k)
6. Indiana – 22 (2532.90 per 100k)
7. Washington – 22 (2489.39 per 100k)
8. Louisiana – 22 (1525.48 per 100k)
9. West Virginia – 17 (5368.42 per 100k)
10. Minnesota – 16 (2165.09 per 100k)

Projections

By projecting this month’s totals out to one year, the following comparisons can be made between the reported police misconduct allegation rate and the reported general crime rate* as published by the FBI and DOJ for 2008 (*please note that both the police misconduct and general crime rate statistics are allegations, not convictions):

General:

1 out of every 104.3 police officers in the US will be implicated in an act of misconduct or criminality in the news if October’s statistics were the average through the year of 2009.

Violent Crime:

  • 1 out of every 263 police officers will be accused of a violent crime.
  • 1 out of every 220 citizens will be accused of a violent crime.

Homicide

  • 1 out of every 1,604 police officers will be accused of murder, manslaughter, homicide, or causing a fatality unnecessarily in an act of assault or brutality.
  • 1 out of every 18,518 citizens will be accused of homicide, manslaughter, murder, or other act that unnecessarily takes a life.

Sexual Assault

  • 1 out of every 1,237 police officers will be accused of sexual assault.
  • 1 out of every 3,413 citizens will be accused of sexual assault.

Terminology

Misconduct Types:

Accountability – Incidents involving evidence of police misconduct cover-ups, lack of investigations, allegations of lax disciplinary response to sustained allegations, and other activities that involve accountability policies or processes.

Animal Cruelty – Acts of violence resulting in harm to animals both on and off duty that may include unnecessary shooting incidents, inappropriate training of K9 units, or other such activities.

Assault – Unwarranted violence occurring while off-duty

Brutality – Unwarranted or excessive hysical violence occurring while on-duty

Civil Rights – Violations of general civil liberties that would be ruled unconstitutional yet not covered by other categories. For example, excessive force would be a violation of constitutionally protected rights, but is already covered in the Brutality class. However, complaints of warrantless eavesdropping or illegal disruptions of lawful protests would be deemed civil rights violations.

Sexual – Sex related incidents including rape, sexual assault, harassment, coercion, prostitution, sex on duty, incest, and molestation.

Theft – includes robbery, theft, shoplifting, fraud, extortion, and bribery

Shooting – gun-related incidents both on and off-duty, including self-harm

Color of Law – incidents that involve misuse of authority such as bribery or extortion by threat of arrest

Murder – non-negligent homicides occurring outside of the line of duty.

Perjury – includes false testimony, dishonesty during investigations, falsified charging papers, and falsified warrants.

Misconduct Status/Outcomes:
Allegation – First stage of a misconduct complaint, can be from victim, witnesses, relatives of the victim, and other sources. Simply an allegation of misconduct.

Investigation – Second stage of a misconduct complaint, can be an internal investigation, criminal investigation, external investigation, or a DOJ/FBI civil rights investigation.

Lawsuits – Civil complaints filed in court, generally requires more evidence than a simple allegation, but still within the realm of allegations.

Charges – Criminal complaints filed in court, generally requires more evidence than a simple allegation, but still within the realm of allegations.

Trials – Criminal trials in court, requires enough evidence to establish probable cause, higher threshold than civil litigation or criminal charges, but still allegations.

Judgments – These are rulings that support a civil litigation complaint but also include settlement agreements that are typically, officially, said to not be admissions of guilt. Should be considered a confirmed case of misconduct.

Disciplinary – Results of investigations that confirm misconduct complaints but do not result in termination of employment.

Firings – Results of investigations that confirm misconduct severe enough to warrant termination of employment.

Convictions – Results of criminal trials that confirm allegations serious enough to warrant criminal charges. These include both rulings and guilty pleas.

Methodology

Information Gathering:
Data is gathered from various media outlets by manual searches and review of daily news stories several times a day. There are no sufficient key terms that work well enough to automate this data gathering tasks, the results must be vetted by human intervention.

Information Storage:
Confirmed stories about police misconduct that have been vetted to ensure that the story is about a case of misconduct or allegation of misconduct are published to a Twitter-based National Police Misconduct NewsFeed. From there, the stories are copied to a spreadsheet where they can later be sorted and analyzed.

Data Analysis:
At the first day of the month, data from the previous month is sorted and analyzed in the spreadsheet. All duplicate stories, stories that are informational, stories involving policy, and legislative issues are purged from the spreadsheet. Any items involving a status change about a specific incident are culled so that only the latest status story remains to avoid duplicate data.

Data Presentation:
After all data has been analyzed it is presented on this site by General, Geographical, Type, and Status datasets.

Important Notes:
The data collected and presented here should only be used to provide a very basic and general view of the extent of police misconduct within the US. It is, by no means, an accurate gauge that truly represents the exact extent of police misconduct since it relies on the information voluntarily gathered and/or released to the media, not from information gathered first-hand by independent monitors who investigate complaints of misconduct since no such agency exists nationally.

This information has been gathered here because nobody else is gathering it and the national government has not gathered it for several years. Keep in mind that geographical distribution of misconduct reports can be representative of concentrations of corruption or permissive attitudes towards abusive police policies or can be indications of more open information sharing between police agencies and local media along with departmental efforts to reduce misconduct by actively engaging problematic officers. There is no real way to determine which is the case since there is no independent monitoring and investigation into allegations of police misconduct.

In generally, monthly reports do not provide as accurate a depiction of the overall extent of police misconduct in the US as do quarterly and yearly reports as there is a fair amount of fluctuation between incident types and rates month by month. Therefore, monthly reports should only be considered as the state of police misconduct in that month itself while the longer-term reports paint a more comprehensive and accurate picture of police misconduct in the US.

As always, I appreciate any recommendations, advice, requests, and general comments.

Thank you.

Explaining The Chicago Solution

I’m pretty busy today between work, prepping for the monthly statistical report, manning the news feed, and working on city/county statistics as well… but I decided it would be a good idea to explain what the problems in Chicago that I hinted at in my last post really mean.

First, we know about the Chicago Justice Project study into police discipline that has found that the Civilian Police Review Board overturns the police superintendent in about 66% of cases, often preventing officers recommended for termination from being fired.

While most people are familiar with Civilian Review Boards as a component of civilian police oversight, the Chicago Civilian Police Review Board isn’t like that. It’s more akin to a civil service review board which are committees set up to ensure that civil employees aren’t being disciplined without just cause.

Now, while that civil service review board responded to the report by typifying itself as “a judge” with the police department being “a prosecutor” and the accused police officer “a defendant”, it’s not really like that.

Why?

One has to consider such review boards as “a defense council” which is designed to presume that an accused officer is innocent and starts from that assumption to find any way possible to disprove the city’s case against the officer. After all, the civil service board’s function is to ensure that police officers are not unduly disciplined.

How does that not make it a “judge”? Because the officer stands nothing to lose in the process since the review board is not designed to increase punishments or assign punishments when disciplinary action was not requested. So, by going in front of such boards, officers can only win, not lose…

worst case is that the disciplinary action is upheld. So, the review board is not a court, it is an appeal mechanism… one of several layers of appeal that regular people don’t have. (similar to Seattle’s disciplinary system which has five layers of appeal for officers, which I’ve talked about here)

…an appeal mechanism in a system where accused officers already have at least 4 other appeal avenues within the disciplinary process itself. (the criminal process is entirely separate). It’s exactly the same as the problem with arbitrators (which I talked about here) who’s job it is to save the accused officer’s job if there’s any way to do so. Both bodies have no interest in public safety, just the officer’s job.

So, it’s little wonder that the research found that the disciplinary recommendations of the police department were overturned so often… that’s the review board’s job, to find reasons to overturn disciplinary action in favor of a police officer… it is that board’s sole reason for existence. To find a reason to overturn disciplinary action against cops accused of misconduct.

Now, how does this play into the same-day announcement that the city is taking a hard-line against people who complain about police misconduct?

Well, the public has been told, in a single day, that:

  1. Police officers will probably not be disciplined even if an internal investigation, which is already biased in favor of the officer, finds that a complaint is true.
  2. When an investigation, already perceived as biased and ineffectual, doesn’t find the officer did anything wrong, then the city may prosecute and punish the complainer.
  3. That even if you decide to bypass the “official complaint” route that has now been gamed, that you will be fought tooth and nail if you try to find justice via the courts since the city will not settle any more police misconduct lawsuits.

The city is essentially telling the public that you might as well suck it up and let police officers beat you down and stay quiet about it or else the city will beat you down even more if you complain about it.

After all, if you already know that a police officer who harms you won’t be punished even if your complaint is sustained and that if that officer convinces his friends, who are investigating him, that you lied about your complaint, then you have nothing to gain and everything to lose by complaining about police misconduct… It’s a lose/lose for you and a win/win for the city and the police.

So, as you see, the Chicago solution to police misconduct is to make it as repressive and unproductive as possible to complain about misconduct and the fact that these two issues were announced on the same day is, at the least, quite possibly the worst-timed police accountability public relations mess up that I’ve ever seen.

Or, at the worst, it’s a blatant effort to inform the public that they best keep quiet about police misconduct because complaining about it will only make it worse… for them.

The Chicago Solution?

On the same day a study released a damning report finding that Chicago’s civil service review board overturns decisions to discipline police officers found to have committed acts of misconduct in a majority of cases and that officers found to have committed misconduct are rarely fired because of this…

The city announced that they are moving forward with a plan to criminally charge people who file police misconduct complaints that are later ruled as unfounded by internal investigations…  and if that’s not enough to discourage complaints about police misconduct they also announced that they are taking every civil rights lawsuit to trial and appeal instead of offering settlements from this point forward.

So… Apparently Chicago’s solution to being criticized for failing to discipline bad cops is to make sure everyone is too afraid to complain about bad cops.

Good to know.

OIDV in October

Did you know that October is Domestic Violence Awareness Month?

Apparently these law enforcement officers didn’t…

California Highway Patrol officer Joseph Handwork has been placed on leave after arrested on felony charge of spousal assault and a misdemeanor charge of willful cruelty to a child. No other details were released.

Hillsborough County Florida Sheriff’s corporal Vivino Millan has been put on paid leave after charged with domestic violence for allegedly backhanding his girlfriend while driving.

Atlanta Georgia
police officer Reginald Fisher, who was recently indicted for shooting an unarmed man in the face without justification, has been arrested again on domestic battery charges while out on bond.

Tippecanoe County Indiana deputy Travis Dowell was demoted from sergeant to patrol officer after receiving a diversionary sentence which will leave his record clean after taking a plea deal over felony battery charges for choking his teenage daughter.

Warsaw Indiana police officer Joseph Klaehn was fired after being arrested on felony domestic violence charges over allegations that he slapped his wife several times during an argument while their children were asleep in the home.

Marysville Kentucky police officer Bernard Evans has been placed on leave after a domestic violence protection order was filed against him by a woman with whom he had an unspecified relationship with. The woman claims she was left with 13 stitches in her forehead after he broke through her door and punched her.

Springfield Massachusetts police Lieutenant Robert Moynihan is under internal investigation after being arrested on allegations that he punched and choked his former girlfriend and threw her 13 year old daughter into a wall after flying into a rage about her using his cell phone.

Genesee County Michigan Sheriff’s sergeant Rick Bennet died in an accident after leading police on an 100mph+ chase in his pickup truck after police responded to reports that he was smashing windows at his ex-wife’s home.

Pamlico County North Carolina deputy Dwayne Cobb was suspended after being arrested for allegedly choking and threatening his girlfriend with his service weapon.

San Antonio Texas police officer Jason Rozacky resigned after his third arrest in 2 months over an apparent ongoing domestic violence & harassment issue with his ex-girlfriend after her apartment was broken into and she was assaulted.

Chattahoochee Florida police officer committed suicide while officers discovered the murdered body of his long-time mistress in a shallow grave in his back yard. He apparently murdered her in a fit of jealosy after discovering she went on a date with another man.

New York NY police transit officer was found guilty of 2nd degree murder for shooting his wife to death in 2007 in a case where he claimed he accidentally hit her while trying to shoot “knife-wielding thugs”.

San Juan Texas police officer Jose Hernandez fatally shot his wife in the chest before ending his own life, and apparently months of beatings that he is alleged to have subjected his wife to according to family members.

——–
So far, in the last 7 months, the NPMSRP has tracked 155 alleged and/or confirmed cases of officer-involved domestic violence, while the cases listed above occurred just this month. However, I normally don’t write about these cases as much as I could since the officer-involved domestic violence (OIDV) cause has a fairly solid community of activists, like the author of Behind the Blue Wall, who are linked together with OIDV groups across the nation.

Together, as part of the OIDV Network, They do a much better job of tracking these cases as well as advocating for OIDV issues and supporting OIDV victims than I ever could. If you want to learn more, or are a victim of officer-involved domestic violence, I highly recommend contacting them at www.policedomesticviolence.com.

Putting Police Misconduct Statistics In Perspective

PMRLifeCompPlease Note that statistics listed in this post are very rough estimates based on rough projections so don’t accept them as gospel… This is just a demonstration to put the numbers this project generates into perspective.

Statistics are an interesting thing, simply put it’s nothing more than distilling a limited sample of something into a ratio or likelihood of occurrence. So, it’s a way that we gauge how often something happens within a certain time range in comparable sample sets, whether that’s how many people might die of a certain disease within a year or how many police officers are likely to be involved with an incident of misconduct within a year.

Now, the number of occurrences within a set period of time, let’s say within a year, might seem small. For example, based on 2008 statistics, the US murder rate was 5.4 per 100k. Now, that’s a pretty small number, especially expressed as a percentage (.0054%) but we can look at it this way:

US Murder Rate 2008 = 5.4 per 100k
US Murder Rate Avg Lifetime = 389.5 per 100k
In other words, 1 in 256.7 Americans might be murdered within the course of their lifetimes based on the 2008 statistics.

As we see, in statistics, the frame of reference means everything and that’s something we have to keep in mind when we look at the statistics this project generates.

Again, for example, the 2009 semi-annual NPMSRP statistics report indicated that about 834.7 of every 100k police officers may be involved in a reported police misconduct incident this year.

Might not seem like much, especially when we express it as a percentage (.835%) but let’s look at what happens when we look at what that means over the average career span of a law enforcement officer in the US.

Within the average 25 year career span of a US law enforcement officer, based on the 2009 NPMSRP Semi-Annual PMR, roughly 1 out of every 4.7 police officers will be involved in an alleged act of police misconduct egregious enough to wind up reported in the news. So let’s break that down:

Estimated Police Misconduct Rate (PMR) in 2009 = 834.69 per 100k
Average career PMR = 20,867.25 per 100k
In other words, 1 in 4.7 police officers may be implicated in an act of misconduct over the course of their career.

So, if you were a police officer, you are more likely, about 55 times more likely in fact, to be implicated in an act of police misconduct over the course of your 25 year career than the likelihood that any given average US citizen will die of murder.

In fact… given the current number of line-of-duty officer deaths so far this year, we can estimate that 16.71 of 100,000 officers will die in the line of duty this year, which happens to be a projected 119 deaths based on the total of 99 deaths so far this year.

Over the 25 year average service length, based on this average over time, would mean that, very roughly, 1 in 239.4 police officers will die in the line of duty within their career on average… again, breaking that down:

Estimated Law Enforcement Deaths in 2009 = 16.71 per 100k
Est Career Law Enforcement Death rate = 417.75 per 100k
In other words, 1 in 239.4 police officers may die in the line of duty in the course of their career.

So, police officers may be over 7x more likely to be implicated in an act of police misconduct than they are to die in the line of duty from any cause.

What about officer deaths from homicidal or felonious assaults you ask?

Estimated 2009 LEO deaths by violence = 6.4 per 100k
Est Career LEO deaths by violence = 160 per 100k
In other words, 1 in 625.0 police officers might be killed by violence, (firearms, vehicular assault, assault, etc), in the line of duty over the course of their career.

which means an officer is over 130 times more likely to be implicated in an act of misconduct than to be killed by intentional violence in the line of duty.

So, with the statistics we can do a number of comparisons:

Per Year per 100kPer Career Lifetime ProbabilityEstimated lifetime Total
Police Misconduct Allegation Rate834.7208671 in 4.7148650
Police Misconduct Sustained Rate274.868441 in 14.648757
Questionable Officer-Caused Deaths60.415081 in 66.310750
Officer Deaths While On-Duty16.74181 in 239.42978
Officer Deaths By Homicide6.41601 in 625.01412
US Murder Rate5.43901 in 256.71184942

Of course, as I warned at the beginning, these calculations are all very rough estimates that don’t take into account variables like projected trending based on historical trending data. But none of that exists for police misconduct rates, so it’s the best that can be done at the moment… which is something this project is trying to address. But at least this might help you put these numbers in a bit of perspective.

Updated 10/28/09 20:18 – Corrected police fatalities via homicide to correspond with DOJ/FBI UCR murder rate statistical criteria per comments below.

Per Year per 100kPer Career / lifetime per 100kProbabilityEstimated career / lifetime Total
Police Misconduct Allegation Rate834.7208671 in 4.7148650
Police Misconduct Sustained Rate274.868441 in 14.648757
Questionable Officer-Caused Deaths60.415081 in 66.3310750
Officer Deaths While On-Duty16.74181 in 239.42978
Officer Deaths By Homicide7.91981 in 505.11412
US Murder Rate5.43901 in 256.71184942

With Leaders Like These…

LeadershipAccording to the DOJ/FBI Uniform Crime Reporting (UCR) Program there are 14,169 county and city law enforcement agencies that participate in their UCR statistics gathering project on crime rates in the US. We can estimate from there that there are, perhaps, at least 15,000 law enforcement agencies in the US since one state, West Virginia, does not participate in the UCR and the data excludes state and federal agencies.

Now, since there are likely 15,000 law enforcement agencies in the US we can roughly conclude that there are probably 15,000 law enforcement leaders (police chiefs and sheriffs) in the US as well… after all, each agency requires that there be an individual responsible for that agency, even when there’s only one employee.

With that in mind, in our 2009 Semi-Annual police misconduct statistics report released last month, there were 207 law enforcement leaders cited in reports of police misconduct. These reports involving police leadership included misconduct issues ranging from policy issues up to criminal acts ranging from theft in office to assault and rape.

Now, 207 divided by the six, the number of months of tracking done so far, gives us an average of 34.5 law enforcement leaders per month who are associated with reports of police misconduct. So far, in the month of October, there have been 26 law enforcement leaders implicated as well. Which, with about a week left, isn’t too far off the average…

…and if that average held it would mean that there would be a projected 414 law enforcement leaders implicated in reported cases of alleged misconduct…

…which would give us a 2.76% misconduct rate for law enforcement leadership… or, for comparison:

Law Enforcement Leadership Misconduct Rate – 2760 per 100k
Law Enforcement Officer Misconduct Rate – 847 per 100k

Need some examples of what kind of police leadership misconduct we’re talking about? Here are a few of the reports taken directly from our National Police Misconduct News Feed for this month alone:

With leadership like this serving as an example to police officers under their command, it’s little wonder that our police misconduct statistics aren’t much higher than they are.

But, this leads us to question those statistics since the law enforcement leaders are ultimately responsible for ensuring that misconduct allegations are properly recorded, investigated, reported, and acted upon… and if those leaders are covering for their own misbehavior, how reliable is the information they release about the misconduct of those under their command?

Ultimately, we also have to question that, if local governments are this lax in selecting those who lead their police agencies, then how much more lax is the selection process for regular police officers?

…and, perhaps equally as pertinent, how is it that elected law enforcement leaders like this keep getting re-elected by the public?

Just something to keep in mind as you may, or may not, be heading into the polls for mid-term local elections this year.

The Conflicting Interests of Public Safety and Police Unions

PoliceUnion

Labor unions exist, theoretically, to do little more than defend the interests of that union’s members against the interests of those that employ those members. On the face of it, there isn’t anything inherently wrong with this arrangement, in fact it should be viewed as necessary in some situations.

But, there can be problems with the inherent conflict of interests this kind of arrangement can bring into effect. After all, it’s still in the union’s interest to act in ways that help the employer succeed… otherwise the unions begin to act in ways that are ultimately more detrimental to their members than their worth by causing their member’s employers to close shop.

Law enforcement unions, perhaps the most powerful type of labor union in the US at this point in time, are a bit unique in that the conflict of interests that they can create have reverberations that range far outside the confines of the union hall and employer’s workplace. To understand why this is the case it’s important to remember who ultimately employs law enforcement officers because the conflict of interests inherent in police unions pit the interests of public servants against the very public they serve… a conflict that should appear as irreconcilable as conflicts of interests come.

For example, law enforcement officers are meant to be in the business of arresting suspected criminals, not defending them. But when police unions come into the equation it can bring about a rather surprising switch in roles, to the point where law enforcement officers actively seek to prevent suspected criminals from being brought to justice.

To see how this is so, we can take a look at some recent police union activities that have been in the news lately…

In Rockford Illinois, for example, a police union organized a fundraiser event for two men accused of shooting an unarmed man to death inside of a church daycare center, all within view of several children and daycare workers… and one of the prizes the police were raffling off was a police-issue rifle.

In Birmingham Alabama, police officers organized a “barbecue butts” benefit in order to bankroll the defense fees for five people who were caught on video kicking and beating an unconscious man who was just ejected from a car during an accident. Coincidentally, the president of that organization hosting the $30 a butt benefit was disciplined for his role in association with that case.

In Chicago Illinois, police officers recently hosted a $50-a-ticket fundraiser amid community protests in order to help to pay the defense costs for an alleged drunk driver facing reckless homicide charges for when he hit a parked car while drunk and caused an explosion that killed two. The suspect had a record of DUI arrests and was apprehended while trying to flee the scene of the accident with a BAC 3x the legal limit.

Now, it’s only fair to mention that the suspects discussed above are police officers and the organizations which hosted or organized these benefits are police unions… but should it matter? In cases of criminal behavior, should there be a distinction between police officer and suspect when the individual in question is one and the same?

There is no ignoring that, when it’s a police officer who stands accused, that police unions facilitate a conflict of interests that causes law enforcement officers to strangely switch roles from law enforcer to criminal defender. They encourage officers to act in ways that support the accused when, in any other circumstance, the officer’s duty is to put forth every effort to bring a person suspected of a criminal act to justice.

Now, of course, it’s questionable whether officers would or would not be as inclined to defend fellow officers accused of wrongdoing if such unions didn’t exist. But police unions do force officers to take such a stance due to the very nature of such a union. A union who’s alleged function is to defend the interests of it’s members against the interests of the employer of those members… pitting the police against those they are meant to serve.

Nothing really brings this incompatible conflict of interest into sharper focus than when police unions actively protect police officers from the very laws they are meant to enforce and from the very system of justice that they are meant to serve.

Does this mean police unions should be prohibited? Perhaps not, after all they do serve a necessary purpose in protecting police officers from the whims of public servants who would prefer a system of nepotism or political favoritism over unbiased merit.

However, it is important to keep this conflict of interest and all it entails in mind when considering how powerful police unions are becoming and whether there should be limits on the political influence they are able to wield… especially considering that they are currently the fastest-growing type of labor union in America today.

Police Misconduct NewsWatch for 10-25-09

rusted badgeWeekends are normally slow news days for police misconduct. Not sure if it’s because the good reporters tend to take weekends off or what… but there have still been some noteworthy cases reported in the news that are worth talking about a bit more than what our Police Misconduct News Feed allows.

In Chattahoochee FL - A police officer committed suicide at the same time that other officers discovered the body of his mistress in a shallow grave near his home. The married officer was suspected of murdering his mistress, with whom he had one child, in a fit of jealousy after discovering that she had gone on a date with another man.

He was the last person seen with her when he picked her up at her home while in a marked cruiser and, after she didn’t return when expected, the police began investigating. Neighbors say they heard screams from the woods behind the officer’s home, where the body was ultimately found, but for some reason they didn’t think to call the police on a cop.

In San Jose CA – At least two police officers are under investigation after cell phone video was leaked to the press by an attorney that shows a Vietnamese man being tasered and then beaten by an officer holding a metal baton with both hands, all while begging for officers to stop…

All this happened while the man apparently never made an aggressive move, unless you count looking for your glasses while on your hands and knees as being aggressive. Experts reviewing the video are calling it a felonious assault because the beating continued even after the man had already been cuffed.

In Riverside County CA - A strange story is unfolding regarding a Riverside County deputy accused of raping a 17 year old relative of other officers. Apparently the internal investigation, no criminal charges filed, was kept a secret for over a month until a prosecutor, the day before the officer was slated to testify in a rape trial, informed the defense that their witness was under investigation for the same charge as the defendant, which is a bit of a Brady issue.

(Brady issues or Brady lists describe officers who’s testimony is questionable due to criminal or previous perjury charges and prosecutors are required by law, usually, to notify defense attorneys whenever an officer’s potential testimony could be considered suspect for such reasons).

The prosecutor informed the defense despite being ordered not to, which could have cost that prosecutor her license to practice law. Now questions remain as to whether they kept it a secret as a “family” matter since it involved multiple officers or if it was to keep the officer eligible to testify in this trial…. or both.

In Chicago IL – A federal jury awarded a traffic cop $1.5 million in her civil rights case alleging that she was assaulted and arrested on false charges by a Chicago police officer after she had written him a ticket for a parking violation and wouldn’t take it back as a matter of “professional courtesy.

The officer, after ticketed, retaliated by roughly cuffing the traffic cop and tossing her in a patrol car. He then conspired with his 3 officer friends to bring false charges against her to cover for the wrongful arrest. Just goes to show you that even police officers… or traffic cops, can be victims of police misconduct.

In Delaware County PA – An apparently very busy police officer who is already the subject of a police brutality lawsuit alleging that he beat a 14yr old girl with a baton before arresting her for disorderly conduct, resisting, and failure to disperse, (charges which were later dismissed), now appears to be looking at two more separate lawsuits.

One alleges that the officer pulled over and ordered an 18yr old girl out of her car at gunpoint to arrest her on charges of fleeing and disorderly conduct that were also later dismissed.

The third suit alleges that he wrongfully arrested a church pastor who had been trying to give him a statement about an auto accident he witnessed. The officer, at some point in the exchange, apparently screamed at church members to “get your black asses out of the parking lot” and then yelled at the pastor, but when the pastor asked for his badge number he was arrested for disorderly conduct… charges which were dropped later.

Just goes to remind people that when police misconduct defenders say it’s only a small percentage of cops who do bad things, which it may well be, that it’s also a small percentage of people who commit crimes but that the small percentage of police who do it can commit acts of misconduct several times over before they are caught… and sometimes are allowed to continue doing it after they are caught because of a general unwillingness to hold them accountable.

Finally, in Toledo OH- A police officer has been arrested and charged with operating a vehicle while intoxicated on Friday afternoon. A concerned firefighter had called police on the officer after he suspected he was drunk when he came into contact with the officer for unspecified reasons.

A police supervisor responded, investigated the officer… while he was in his patrol car and on-duty. The officer was then arrested, booked into jail, then given the day off. Police say he may be cleared to return to duty soon.

…Like I said, an unwillingness to hold them accountable. After all, if you were busted for DUI while on the clock driving a company truck, your employer would have your locker emptied out before you made bail.

Reader’s Poll – Police Misconduct Degrees of Separation

In my daily interactions with people, both through the site and just on the street, I’m constantly amazed by how many people have their own stories of police misconduct or know someone who has either witnessed or experienced police misconduct. So, curiosity has the best of me and I’m wondering, how many degrees of separation are there between our readers and police misconduct?

[poll id="10"]

NewsWatch for 10-23-09

Here’s a few stories captured by the police misconduct news feed over the last few days, pretty disturbing stuff…

In Charleston WV, police officer Matthew Leavitt was called a “disgrace to his profession” by the judge who sentenced him to 2 years in prison for falsely arresting a white woman for DUI and beating her black husband with a slapjack in front of their 4 year old daughter because they were a mixed-race couple.

The beating was so savage that another officer who tried to stop it had to retreat after the officer threatened him as well. After the beating, Leavitt event attempted to sexually assault the woman and, in failing that, rubbed pepperspray into the man’s eyes.

Of course, this wasn’t Leavitt’s only incident, in all he’s associated with over 20 similar allegations of racially-motivated assaults, thought this was the only one he was tried for… mostly because he threatend to beat the officer who tried to stop it.

In Minneapolis MN, the city has settled a wrongful arrest and excessive force suit for $100k after surveilance video contradicted police testimony over a traffic stop arrest involving a member of Minnesota’s scandal-ridden Metro Gang Task Force.

Officers claimed that the driver of a Mercedes ran a red light and then threw something out of his car right in front of their police vehicle. Then, when stopped, they claimed the female passenger assaulted one of the officers.

A nearby camera, however, proved otherwise and the couple was exonerated… but the officers involved were never disciplined or brought up on perjury charges.

In East Saint Louis IL, an excessive force lawsuit has been filed by a man claiming that he was beaten with nightsticks and other blunt objects by police when he exited a vehicle he was a passenger in, as ordered by police, and dropped to the ground.

However, it doesn’t end there… apparently, claims the man, an officer then ordered his police dog to maul the man’s face, which it did, and he suffered facial disfigurment as a result, in addition to a broken arm… he was never charged with any crime.

In San Bernardino CA, after police there were videotaped savagely beating a man with a night stick during a traffic stop, police are now accused of attempting a cover up by putting the man “on ice”, which makes the beating and arrest seem even more suspect.

After the video of the arrest hit the news, wherein the man suffered a compound fracture to the hand and had to get stitches in both legs and head, the man’s wife now says that he was held without charge for nearly 2 days and, during that time, he was refused access to a phone and lawyers.

Seems that this is a practice the San Bernardino police are no strangers to as there is at least one other case of the police attempting to keep a detainee isolated in order to prevent misconduct allegations from reaching the public.

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