National Police Misconduct Reporting Project

LAPD Says Its Rehabilitation is Complete

From the Los Angeles Times:

The federal judge who oversaw a dramatic, forced transformation of the Los Angeles Police Department has freed the department from the final vestiges of federal oversight….

The dismissal of the so-called consent decree, which arose largely out of the Rampart corruption scandal and addressed basic problems of accountability that stretched back decades, delivered a largely symbolic, but nonetheless important milestone for the LAPD as it continues to disassociate itself from a past marked by abuses and turmoil. Following revelations in 1999 that officers assigned to the LAPD’s Rampart Division were implicated in serious misconduct, including physical abuse of suspects, evidence tampering and perjury, public trust in the police plummeted and federal officials responded to calls from a growing chorus of critics for intervention.

Corruption in the Philadelphia Courts

From Philly.com:

Nine current and former Philadelphia Traffic Court judges were charged with conspiracy and fraud Thursday, capping a three-year FBI probe into what authorities said was rampant ticket-fixing and pervasive corruption on the bench.

The charges, outlined in a 77-count indictment, described “a well-understood conspiracy of silence” that created two distinct courts: one where typical citizens paid for their infractions, and a second where offenders with the right connections won acquittals or saw their fines or cases disappear.

‘This is the most disgusting, disgraceful, despicable thing that could ever happen’

From the Miami Herald:

The U.S. Justice Department shut down Bal Harbour’s celebrated federal forfeiture program and ordered the police to return more than $4 million, slapping the agency with crushing sanctions for tapping into drug money to pay for first-class flights, luxury car rentals, and payments to informants across the country. …

One former prosecutor who ran the South Florida Money Laundering Strike Force said he was stunned by the development.

“Bal Harbour is going to have to answer for their transgressions,” said David Macey, a former Miami-Dade assistant state attorney who specialized in forfeitures. “I’ve never read any correspondence to a law enforcement agency threatening the entire agency with penalties and criminal sanctions.”

 

Corrupt Police Department in Florida

From the Miami Herald:

When the FBI launched a sting at the notorious drug den, and later tied its players to a fatal 2010 armored car heist, they discovered to their surprise that one of the alleged operatives at the helm of the Back Blues narcotics ring was an Opa-locka police captain.

Capt. Arthur Balom, 44, accepted bribes, provided the armored car killer with a bulletproof vest and helped sabotage the FBI’s drug sting, according to allegations made in court documents.

Remember Ruby Ridge

Today marks the 20th anniversary of the Ruby Ridge scandal.

Here is an article that I wrote on the case ten years ago:

“Ruby Ridge” used to refer to a geographical location in the state of Idaho, but after an incident that took place there 10 years ago on Aug. 21, the phrase has come to refer to a scandalous series of events that opened the eyes of many people to the inner workings of the federal government, including the vaunted Federal Bureau of Investigation. Now that 10 years have passed, the feds will accelerate their ongoing effort to “move forward” and have the scandal declared “ancient history.” But the Ruby Ridge episode should not be soon forgotten.

On August 21, 1992 a paramilitary unit of the U.S. Marshals Service ventured onto the 20-acre property known as Ruby Ridge. A man named Randy Weaver owned the land and he lived there with his wife, children, and a family friend, Kevin Harris. There was an outstanding warrant for Weaver’s arrest for a firearms offense and the marshals were surveilling the premises. When the family dog noticed the marshals sneaking around in the woods, it began to bark wildly. Weaver’s 14-year-old boy, Sammy, and Kevin Harris proceeded to grab their rifles because they thought the dog had come upon a wild animal.

A firefight erupted when a marshal shot and killed the dog. Enraged that the family pet had been cut down for no good reason, Sammy shot into the woods at the unidentified trespasser. Within a few minutes, two human beings were shot dead: Sammy Weaver and a marshal. Harris and the Weaver family retreated to their cabin and the marshals retreated from the mountain and called the FBI for assistance.

During the night, FBI snipers took positions around the Weaver cabin. There is no dispute about the fact that the snipers were given illegal “shoot to kill” orders. Under the law, police agents can use deadly force to defend themselves and others from imminent attack, but these snipers were instructed to shoot any adult who was armed and outside the cabin, regardless of whether the adult posed a threat or not. The next morning, an FBI agent shot and wounded Randy Weaver. A few moments later, the same agent shot Weaver’s wife in the head as she was standing in the doorway of her home holding a baby in her arms. The FBI snipers had not yet announced their presence and had not given the Weavers an opportunity to peacefully surrender.

After an 11-day standoff, Weaver agreed to surrender. The FBI told the world that it had apprehended a band of dangerous racists. The New York Times was duped into describing a family (two parents, three children) and one adult friend as “an armed separatist brigade.” The Department of Justice proceeded to take over the case, charging Weaver and Harris with conspiracy to commit “murder.” Federal prosecutors asked an Idaho jury to impose the death penalty. Instead, the jury acquitted Weaver and Harris of all of the serious criminal charges.

Embarrassed by the outcome, FBI officials told the world that there would be a thorough review of the case, but the Bureau closed ranks and covered up the mess. FBI director Louis Freeh went so far as to promote one of the agents involved, Larry Potts, to the Bureau’s number-two position.

When Weaver sued the federal government for the wrongful death of his wife and son, the government that had tried to kill him twice now sought an out-of-court settlement. In August 1995 the U.S. government paid the Weaver family $3.1 million. On the condition that his name not be used in an article, one Department of Justice official told the Washington Post that if Weaver’s suit had gone to trial in Idaho, he probably would have been awarded $200 million.

With the intervening events at Waco, more and more people began to question the veracity of Department of Justice and FBI accounts and whether the federal government had the capacity to hold its own agents accountable for criminal misconduct. Like the Watergate scandal, however, the response to the initial illegality turned out to be even more shocking and disturbing.

When an FBI supervisor, Michael Kahoe, admitted to destroying evidence and obstructing justice, he was eventually prosecuted but only after being kept on the FBI payroll until his 50th birthday — so that he would be eligible for his retirement pension. And when Larry Potts was finally forced into retirement, FBI officials flew into Washington from around the country for his going-away bash. Those officials claimed to be on “official business” so they billed the taxpayers for the trip. After the fraud was leaked to the press by some anonymous and apparently sickened FBI agent, the merry band of partygoers were not discharged from service. Instead, a letter was placed in their personnel file, chiding them with “inattention to detail.”

An Idaho prosecutor did bring manslaughter charges against the FBI sniper who shot Vicki Weaver. That move really outraged the feds because they insisted that they were capable of policing their own — so long as they did not have any outside “interference.”

The Department of Justice was so disturbed by the indictment of its agent that they dispatched the solicitor general to a federal appellate court to argue that the charges should be dismissed. (The solicitor general ordinarily only makes oral arguments to the Supreme Court). The solicitor general told the judicial panel that even if the evidence supported the charges, the case should be thrown out because “federal law enforcement agents are privileged to do what would otherwise be unlawful if done by a private citizen.” The appeals court rejected that sweeping argument for a license to kill, but by the time that ruling came down last June, a new local prosecutor was in office in Boundary County, Idaho, and he announced that it was time to put this whole unpleasant episode behind us and to “move on.” Thus, the criminal case against the sniper was dropped.

A new generation of young people who have never heard of Ruby Ridge are now emerging from the public school system and are heading off to college and will thereafter begin their careers in business, education, journalism, government and other fields. This generation will find it hard to fathom that the federal government could have killed a boy and an unarmed woman and then tried to deceive everyone about what had actually occurred and, in some instances, rationalize what did occur. That is why it is important to remember Ruby Ridge. Someone needs to remind the young people (and everyone else) that it really did happen — and that it will happen again if the government is not kept on a short leash. No one will learn about the incident when they tour the FBI facility in Washington. It goes unmentioned for some reason.

Much has been written about Ruby Ridge–some of it good, some of it bad.  For those interested in reading more, go here, here, and here (pdf).

This mini-documentary about the Ruby Ridge scandal is also well done.

Observation: When liberals find police misconduct at the local level, they tend to turn too quickly to the federal authorities to remedy the problem–as if the feds always come riding to the rescue.  Not so.   As noted, their hands are not so clean.  Please remember that.

 

‘Reckless’ Prosecutors Escape Accountability

Attorney Brendan Sullivan:

In late May, the Justice Department finally completed its three-year investigation of the miscreant prosecutors who obtained an illegal verdict against Sen. Ted Stevens in 2008. That verdict caused the Alaska Republican to lose his reelection bid and changed the balance of power in the Senate. The department’s actions in this matter have fallen too far short.

After the trial, new prosecutors — appointed after the original prosecutors were held in contempt for failing to produce documents — discovered that the government had engaged in wrongdoing affecting the case’s most important evidence. The conduct was so outrageous that newly appointed Attorney General Eric Holder concluded the case should immediately be dismissed. And when trial Judge Emmet Sullivan (no relation) dismissed the case in April 2009, he said it was the worst misconduct he had seen in 25 years on the bench.

Sullivan appointed an independent investigator, former federal prosecutor Henry Schuelke, who noted in a 500-page report that the prosecution was “permeated by the systematic concealment of significant exculpatory evidence which would have independently corroborated Senator Stevens’s defense and his testimony, and seriously damaged the testimony and credibility of the government’s key witnesses.”

The results of the Justice Department’s own investigation came in a 672-page report released in May. Its publication on the eve of Memorial Day weekend stood in sharp contrast to the many front-page stories the department’s public relations experts orchestrated during the unlawful prosecution of the senator….  Among its many conclusions:

  • Some prosecutors engaged in “reckless professional misconduct.” This new term in the law appears to be an effort to characterize wrongdoing of a lesser grade than “intentional.”
  • Prosecutors violated Justice’s obligations under constitutional principles (and department policy) by failing to disclose exculpatory statements by a chief witness and others. Specifically, the government failed to disclose that its chief witness obtained a false affidavit from a woman with whom he had sex when she was underage. This was of great significance to the defense, to show that the witness had suborned perjury on a prior occasion. Lies in a letter in which prosecutors purported to disclose information to which the defendant was entitled are characterized by the report as “poor judgment.” In any other situation, the department would call sending a false letter an “intentional” act.
  • The government failed to disclose statements of its chief witness that contradicted written accounting records the government had introduced into evidence as accurate business records.
  • One prosecutor engaged in “reckless professional misconduct” when he failed to correct the chief witness’s testimony at trial about when the witness first advised the government about a concocted story. It was crucial to the defense to learn when the witness made up the false testimony. The jury was entitled to know that the fabrication came only two weeks before trial. All prosecutors, not just one, knew that their chief witness concocted a story to deliver at trial — yet not one of them fulfilled his or her individual duty to correct the false testimony.
  •  Two prosecutors engaged in “reckless professional misconduct.” One received a 40-day suspension without pay; the other, a 15-day suspension without pay — “punishment” that pales next to the misconduct.
  •  One supervisor in the department’s Public Integrity Section was found to have “exercised poor judgment by failing to supervise certain aspects of the disclosure process.” There was no punishment at all for the most senior prosecutor in the case….

The Innocence Project has shown in recent years that there is widespread injustice in our system and many wrongful convictions. It is hard to catch a wrongdoer prosecutor. When we do, the punishment must fit the crime. The Justice Department’s failure to adequately punish is unbecoming to the department and unfair to the thousands of honest prosecutors who do follow the law.

If we don’t learn from these mistakes, we are doomed to repeat this miscarriage of justice.  And if this can happen to a U.S. senator in a Washington, D.C., courtroom, it can happen to anyone, anywhere in America.

I would also recommend this article, which makes related points.  

When misconduct is discovered at the local level, some look to the feds to remedy the situation, but the feds have problems in their own house.

Officers Charged With Unlawful Weapons Sales

From Fox News:

Federal prosecutors announced charges Friday against two Sacramento County sheriff’s deputies accused of illegally selling dozens of weapons, some of which authorities say fell into the hands of criminals.

Deputies Ryan McGowan, 31, and Thomas Lu, 42, both of Elk Grove, face charges of trafficking in handguns that cannot be legally bought by citizens in California, including some exotic weapons such as high-powered rifles mounted on pistol frames.

Also charged were firearms dealer Robert Snellings, 61, of Rancho Murieta and Ulysses Simpson Grant Early IV, 36, of Sacramento, who is accused of buying guns. All four were indicted on Thursday and the charges were unsealed Friday.

U.S. Attorney Benjamin Wagoner said the deputies were charged with serving as straw buyers by purchasing the restricted handguns. They then sold the handguns at a profit of thousands of dollars to unqualified buyers through licensed dealers, prosecutors said.