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Chicago’s Police Accountability Task Force

Last December Chicago Mayor Rahm Emanuel formed a task force to conduct a top-to-bottom review of the Chicago Police Department.  That move followed calls for Emanuel’s resignation in the wake of the video release of the Laquan McDonald shooting.

The Task Force released its report yesterday.  Here is an excerpt:

The public has lost faith in the oversight system. Every stage of investigations and discipline is plagued by serious structural and procedural flaws that make real accountability nearly impossible. The collective bargaining agreements provide an unfair advantage to officers, and the investigating agencies—IPRA and CPD’s Bureau of Internal Affairs—are under-resourced, lack true independence and are not heldaccountable for their work. Even where misconduct is found to have occurred, officers are frequently able to avoid meaningful consequences due to an opaque, drawn out and unscrutinized disciplinary process… Any one of these metrics in isolation is troubling, but taken together, the only conclusion that can be reached is that there is no serious embrace by CPD leadership of the need to make accountability a core value. These statistics give real credibility to the widespread perception that there is a deeply entrenched code of silence supported not just by individual officers, but by the very institution itself….Simply put, there is no ownership of the issue within CPD leadership or elsewhere, and thus there have been no substantive efforts to address these problems which continue to cost taxpayers tens of millions of dollars each year.

The full report is close to 200 pages and we have not yet studied the whole thing.  Most of the criticism is directed at the police department itself–and it is damning.  The executive summary says little about Mayor Emanuel or his culpability.  Hmm.

Washington Post Tallies Fatal Shootings Where Officers Are Not Identified

From the Washington Post:

Nationwide, 210 people were fatally shot last year by police officers who have not been publicly identified by their departments.

In 2015, police in the United States shot and killed 990 people, according to a Washington Post database of fatal police shootings. The vast majority of those killed by police were armed with guns or had attacked or threatened officers or civilians. The Post is continuing to track fatal shootings in 2016, recording more than 250 through March. The Post is also filing open-records requests seeking additional information about each shooting, including information about the officers involved, data that is not tracked by any federal agency.

For 2015, reporters obtained the names of officers responsible for 780 of the 990 shootings. In about 600 shootings, officers’ names were disclosed by police departments in news reports. In a handful of cases, names came to light through lawsuits or leaks to the news media. Where the names remained unknown, The Post contacted the departments and requested the officers’ identities.

In 145 fatal shootings, the departments declined to release the names to The Post, citing pending investigations, state or federal records laws, agreements with police unions or department policies. In another 65 fatal shootings, the departments did not respond to multiple requests for information.

Former Philadelphia Police Chief Charles Ramsey is interviewed and he notes that a double standard is often employed.  When the shooting death is deemed heroic, the officer is identified.  When the shooting is questionable, the officer is not identified.  Read the whole thing.

For additional background on transparency and policing, go here.

Police Code of Silence

From ABC News:

For more than a year after an officer shot and killed a black teen named Laquan McDonald, the Chicago Police Department had video footage that raised serious doubts about whether other officers at the scene tried in their reports to cover up what prosecutors now contend was murder.

Not until 15 months later was one of those officers and a detective who concluded the shooting was justified put on desk duty. At least eight other officers failed to recount the same scene that unfolded on the video. All of them remain on the street, according to the department.

The lack of swift action illustrates the difficulty of confronting the “code of silence” that has long been associated with police in Chicago and elsewhere. The obstacles include disciplinary practices that prevent the police chief himself from firing problem officers and a labor contract that prevents officers from being held accountable if a video surfaces that contradicts their testimony.

“If they are not going to analyze officers’ reports and compare them to objective evidence like the video, why would the officers ever stop lying?” asked Craig Futterman, a University of Chicago law professor.

 

Worst of the Month — January 2016

So for January, it was the case from Suffolk County, New York, involving now former police officer, Scott Greene.  He was convicted of repeated instances of theft.

According to the evidence introduced at his criminal trial, Greene would target Hispanic drivers, pull them over, order them to surrender their wallets, or invent a reason to search their vehicles and then steal cash located inside.  By stealing from persons he thought were illegal immigrants, Greene thought his victims would not come forward to file any complaint.  And he would enrich himself by using his police powers.  Prosecutor Tom Spota called Greene a “thief with a badge” and says he will be seeking the maximum possible prison sentence–about four years.

Alas, there are problems in the Suffolk department even beyond Greene.  The recently departed chief, James Burke, has been indicted for abusing a suspect and then coercing his subordinate officers to cover up his crime.  Local community activists say the department is so corrupt that they want a federal takeover.  Stay tuned about that.

Worst of the Month — December 2015

So for December we have selected the shooting death of Andrew Thomas in Paradise, California.  According to news reports, here’s what happened:  Thomas was seen leaving the parking lot of a bar and his vehicle didn’t have its lights on — even though it was late at night.  Officer Patrick Feaster suspected the driver might be intoxicated and so pursued Thomas to pull him over and investigate further.

No problem so far.  We want police to be alert for impaired drivers who endanger other people.

Next, Thomas did not pull over after Feaster was behind him with his police lights flashing.

Moments later, Thomas’s SUV crashed and his wife was ejected from the vehicle.  She died.

Next, things get even worse.  Officer Feaster is seen on dash-cam video walking toward the crashed SUV.  The video shows Thomas trying to climb out of the overturned SUV.  Feaster draws his sidearm and shoots Thomas in the neck and he falls back into his SUV.

After the shooting, Officer Feaster gets on his radio to report that the driver is refusing his commands to get out of the vehicle.  He does not mention that he shot the driver.  Feaster also reports that a injured woman is unresponsive, but the video shows that he is not checking on her condition or rendering aid.

Other police and responders get to the scene, but ten minutes go by before Feaster says he fired his weapon.  It is very unclear what could be the justification for shooting a man after a vehicle crash in these circumstances.  Officer Feaster says he was not threatened, but that his gun went off accidentally.

On a police body camera, Feaster is heard telling the watch commander that his gun went off, but he didn’t think the driver was hit because he wasn’t aiming his weapon in the driver’s direction.  Thomas initially survived the shot to his neck, but was paralyzed.  He died weeks later.

Despite community outrage, the local prosecutor, Mike Ramsey, declined to file any criminal charges against Officer Feaster because he said he lacked sufficient evidence to prove a crime in court.  That’s very odd.  Prosecutors would typically be relieved to know that the incident was captured on videotape.

View the video for yourself here:

 

 

Chicago Pays Millions to Settle Police Killings

From the New York Times:

The release last month of a 2014 video showing a Chicago police officer fatally shooting another teenager, Laquan McDonald, has upended this city. The police superintendent, Garry F. McCarthy, was forced out despite a reduction in crime citywide. So was the leader of an authority charged with disciplining officers. The Justice Department has opened an investigation into possible civil rights abuses by the Police Department. Demonstrators call nearly every day for Mayor Rahm Emanuel to resign.

But the Chicago Police Department’s record of brutality began long before Mr. McDonald, 17, lay crumpled on Pulaski Road. For decades — back to violent clashes at the Democratic National Convention in 1968 and the confessions coerced by a “midnight crew” of detectivesaccused of using suffocation, electric shock and Russian roulette on black men in the 1970s and 1980s — the Chicago police have wrestled with allegations of torture, racism, weak oversight and a code of silence….

In Chicago, the nation’s third-largest city, officers shot and killed 70 people, most of them black, in a five-year span ending in 2014. That was the most among the nation’s 10 largest cities during the same period, according to the Better Government Association, a nonprofit watchdog organization.

 

Worst of the Month — November

So for the month of November we have selected the case of Roger Carlos, who was severely beaten by officers with the San Antonio Police Department (SAPD).  According to news reports, Mr. Carlos had done nothing wrong.  He was apparently just in the wrong place at the wrong time.

Here’s what reportedly happened.  SAPD police were hunting for a suspect on drugs and weapons charges.  In a case of mistaken identity, officers swarmed on poor Mr. Carlos.  And even though Mr. Carlos complied with their commands, they just kept hitting him.

Mr. Carlos’s wife, Ronnie, still can’t believe this has happened.  The couple has three boys under the age of ten–but their father is now paralyzed from the chest down.  Doctors are also concerned he may have difficulty breathing down the road.  The medical bills for multiple surgeries are enormous.

After reviewing the case, a police discipline board recommended 15-day suspensions for three officers involved.  The Police Chief, William McManus, thought that recommendation was wrong.  He shortened each of the suspensions to five days.

 

Trouble in Chicago

From a New York Times editorial:

The cover-up that began 13 months ago when a Chicago police officer executed 17-year-old Laquan McDonald on a busy street might well have included highly ranked officials who ordered subordinates to conceal information. But the conspiracy of concealment exposed last week when the city, under court order, finally released a video of the shooting could also be seen as a kind of autonomic response from a historically corrupt law enforcement agency that is well versed in the art of hiding misconduct, brutality — and even torture.

Mayor Rahm Emanuel demonstrated a willful ignorance when he talked about the murder charges against the police officer who shot Mr. McDonald, seeking to depict the cop as a rogue officer. He showed a complete lack of comprehension on Tuesday when he explained that he had decided to fire his increasingly unpopular police superintendent, Garry McCarthy, not because he failed in his leadership role, but because he had become “a distraction.”

Mr. Emanuel’s announcement that he had appointed a task force that will review the Police Department’s accountability procedures is too little, too late. The fact is, his administration, the Police Department and the prosecutor’s office have lost credibility on this case.

Still more on cover-up allegations here.

When Protectors Become Predators

From a Special Report for the Buffalo News:

A Louisiana police chief ushers a drunken woman to his office and forces her into sex.

A Utah officer takes advantage of a suicidal woman before escorting her into a hospital.

A Buffalo cop insists a vulnerable mother give in to him whenever he pounds on her door.

In the past decade, a law enforcement official was caught in a case of sexual abuse or misconduct at least every five days. Nearly all were men. Nearly all victims were women, and a surprising number were adolescents….

More than 700 credible cases from the past 10 years are now detailed, county by county and state by state.

The violators pulled over drivers to fish for dates, had sex on duty with willing or reluctant partners, extorted favors by threatening arrest and committed rapes.

In more than 70 percent of the cases, officers wielded their authority over motorists, crime victims, informants, students and young people in job-shadowing programs.

Read the whole thing.

 

The Donald Gates Case

From the Washington Post:

THE DISTRICT of Columbia’s agreement to pay $16.65 million to settle the federal civil rights lawsuit of a man who spent 27 years in prison for a crime he did not commit should not be the end of this troubling case. That a jury found there to be egregious police misconduct demands rigorous review of other cases handled by the detectives involved, to ensure there haven’t been similar miscarriages of justice. Also needed is resolve by prosecutors and others in the criminal justice system to tackle the systemic issues that contribute to wrongful convictions.

Last week, Federal Judge Alex Kozinski was here at Cato to debate problems in our criminal justice system, including the problems that contribute to wrongful convictions.  That event can be viewed here.