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National Police Misconduct Reporting Project

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.

Police and Sexual Misconduct

From the Associated Press:

In a yearlong investigation of sexual misconduct by U.S. law enforcement, The Associated Press uncovered about 1,000 officers who lost their badges in a six-year period for rape, sodomy and other sexual assault; sex crimes that included possession of child pornography; or sexual misconduct such as propositioning citizens or having consensual but prohibited on-duty intercourse.

The number is unquestionably an undercount because it represents only those officers whose licenses to work in law enforcement were revoked, and not all states take such action. California and New York — with several of the nation’s largest law enforcement agencies — offered no records because they have no statewide system to decertify officers for misconduct. And even among states that provided records, some reported no officers removed for sexual misdeeds even though cases were identified via news stories or court records.

“It’s happening probably in every law enforcement agency across the country,” said Chief Bernadette DiPino of the Sarasota Police Department in Florida, who helped study the problem for the International Association of Chiefs of Police. “It’s so underreported and people are scared that if they call and complain about a police officer, they think every other police officer is going to be then out to get them.”

Even as cases around the country have sparked a national conversation about excessive force by police, sexual misconduct by officers has largely escaped widespread notice due to a patchwork of laws, piecemeal reporting and victims frequently reluctant to come forward because of their vulnerabilities — they often are young, poor, struggling with addiction or plagued by their own checkered pasts.

A Bonus for DEA Agents?

From the Wall Street Journal:

Half the federal agents who were investigated for allegedly attending sex parties with prostitutes in Colombia received financial bonuses during the investigation or afterward, according to a new internal review of the Drug Enforcement Administration’s handling of the scandal.

Justice Department inspector general Michael Horowitz issued a report on Thursday analyzing the aftermath of the internal probes of DEA agents in Colombia for allegedly patronizing prostitutes. The allegations were originally investigated in 2010, but the issue created a firestorm earlier this year when the details became public….

DEA policy prohibits employees from receiving promotions, awards or other favorable personnel actions for a three-year period after being subject to discipline for significant misconduct or while a misconduct probe is continuing, though officials are allowed to create exceptions to the policy.

New York Law Hides Police Misconduct

From New York Times editorial:

The uniquely restrictive New York State law that is used to conceal the disciplinary histories of police officers — even some who have committed crimes — reared its head again last week in misconduct proceedings against the officer who brutalized the retired tennis player James Blake during a mistaken arrest in Manhattan last month.

The public has the right to be kept informed of police misconduct cases, especially at a time of heightened concern over police brutality. But when the city’s Civilian Complaint Review Board substantiated excessive force charges against James Frascatore, the officer who attacked Mr. Blake, it was allowed to release its findings to Mr. Blake’s lawyer but was barred from making them available to the public. Had Mr. Blake’s attorney not released the information, the public would still be in the dark.

The state law on officers’ histories is the only one of its kind in the nation. It was enacted in 1976 to prevent criminal defense lawyers from using freedom-of-information laws to gain access to personnel records for information to use against officers in trials.

The law says an officer’s personnel record cannot be publicly released or cited in court without a judge’s approval. But municipalities and courts have since broadened the definition of “personnel record” to shield almost any information.

For additional background, go here.

USA Today: Death Toll from Police Chases Could Pass 15,000

From USA Today:

The U.S. government has drastically understated the number of people killed in high-speed police car chases, potentially by thousands of fatalities over several decades, a USA TODAY investigation shows.

The National Highway Traffic Safety Administration overlooked at least 101 motor-vehicle deaths in 2013 that were related to a police chase, according to a USA TODAY review of police reports and internal documents, court records, police-car videos and news accounts based on police statements. NHTSA’s count of 322 chase-related deaths in 2013 — the most recent year for which its records are publicly available — understates the total by at least 31%, the investigation shows.

NHTSA’s undercount suggests that the actual number of people killed in police chases since 1979 could be more than 15,000 — far more than the 11,506 chase-related deaths found in the agency’s public records — and that chases result in a death much more frequently than studies have stated.

People tend to think of these high speed chases as the good guys chasing the bad guy.  What’s crucial to understand is that innocent bystanders get killed.  Passengers get killed.  Not just the bad guy driver who decided to flee the police.  The bottom line is that high speed best practices need to be developed to minimize casualties.

Worst of the Month — August 2015

So for August it was the case of Officer Kevin McGowan.  According to news reports, Patrick D’Labik, age 18, admits to running away from the police.  He said he ran because he had some marijuana in his pocket and did not want to go to jail.  Officer McGowan caught up with D’Labik in a convenience store and the encounter was caught on the store’s surveillance tape (video at the link above).  D’Labik has his hands raised in surrender and is in the process of getting on the floor when McGowan kicks him in the face.

When police commanders saw the surveillance tape, they concluded it was unnecessary, excessive force and fired McGowan.

Wait, McGowan is now back on patrol because the city’s Civil Service Board reinstated him.

Fairfax Officer Charged w/Murder

From the Washington Post:

A former Fairfax County police officer was charged with second-degree murder Monday, nearly two years after he shot and killed an unarmed Springfield man who stood with his hands raised in the doorway of his home.

The indictment of Adam D. Torres in the killing of 46-year-old John Geer, who had a holstered gun at his feet when he was shot, marks the first time in the 75-year history of the Fairfax County Police Department that an officer has faced criminal prosecution in connection with an on-duty shooting.

Geer’s slaying in August 2013 sparked protests, shook trust in law enforcement and prompted county officials to begin a broad review of the department’s use of force and the way it communicates with the public about police shootings.

Reporter Tom Jackman with the Post has been following this case from the beginning and has done excellent work.

Worst of the Month — July

For July, it was the case from Akron, Ohio.  Officer Eric Paull worked as a sergeant for the Akron Police Department.  He also taught a course on criminal justice at the University of Akron.  One of his students was a single mom.  According to news reports, the woman (name withheld) says they started a romantic relationship.  But after a year or so, that relationship turned ugly and violent.  After he beat her up on a Thanksgiving holiday, Paull told her that he was legally “untouchable.”

She believed him–so she did not file a complaint right away.  Instead, she just tried to avoid him.  But Paull stalked her and her boyfriends, using police databases to discover addresses, phone numbers, and vehicle information.  Paull would also text pictures of himself holding his gun.  There were threats to kill the woman and her boyfriend.  The woman did lodge complaints with the police and would later obtain a protective order, but the police department seemed indifferent.  Paull would not stop.

Finally, after months of harassment, Paull was charged with stalking, aggravated menacing, felonious assault, and burglary, among other charges.  His trial is expected to begin in a few weeks.

Paul Hlynsky, the police union leader, says he will try to have Paull back on the police force if he can avoid a felony conviction.