National Police Misconduct Reporting Project

The Jermaine McBean Case

From the New York Times:

OAKLAND PARK, Fla. — The witnesses who saw a Broward County deputy sheriff kill a man who had strolled through his apartment complex with an unloaded air rifle propped on his shoulders agreed: Just before he was gunned down, Jermaine McBean had ignored the officers who stood behind him shouting for him to drop his weapon.

Nothing, the officer swore under oath, prevented Mr. McBean from hearing the screaming officers.

Newly obtained photographic evidence in the July 2013 shooting of Mr. McBean, a 33-year-old computer-networking engineer, shows that contrary to repeated assertions by the Broward Sheriff’s Office, he was wearing earbuds when he was shot, suggesting that he was listening to music and did not hear the officers. The earphones somehow wound up in the dead man’s pocket, records show.

Repeat: Somehow those earphones wound up in Mr. McBean’s pocket.

Hmm.

Policing Double Standards

Over at the Huffington Post, Ryan J. Reilly reports that St. Louis was one of the cities to receive MacArthur Foundation grants to improve the relationship between the police and the public. When discussing the award, the police chief made some frank admissions about the double standard that infects policing in the greater St. Louis area:

In an interview ahead of the announcement, St. Louis County Police Chief Jon Belmar called the reform effort a “positive that came out of a tragedy.”

[…]

Belmar… said it is simply unrealistic for law enforcement to be able to enforce the hundreds of thousands of outstanding warrants in the county, many of them in connection with missed court dates for minor violations of municipal codes.

“I’m looking at cities that have 50,000, 39,000, 30,000 outstanding warrants today. You’re never going to catch up to that,” Belmar said. “You might have a city like Pine Lawn, which is 360 acres, that has 30,000 outstanding warrants. How can that be? The math doesn’t work.”

Belmar acknowledged that the protests in Ferguson have given a voice to populations that had been overlooked in the past.

“If you went to a very affluent area in St. Louis County, how long do you think a program would last where speed cameras were put up on arterial roads coming into subdivisions, and people were given letters saying they were going to be arrested? It would last about five hours,” Belmar said.

As Judge Janice Rogers Brown recently wrote in a concurrence in the U.S. Court of Appeals for the D.C. Circuit, such double standards are not limited to St. Louis. Describing roving patrols for guns that are standard practice in Southeast D.C.—an area of predominantly poor and minority neighborhoods—she wrote:

As a thought experiment, try to imagine this scene in Georgetown. Would residents of that neighborhood maintain there was no pressure to comply, if the District’s police officers patrolled Prospect Street in tactical gear, questioning each person they encountered about whether they were carrying an illegal firearm? Nothing about the Gun Recovery Unit’s modus operandi is designed to convey a message that compliance is not required. While viewing such an encounter as consensual is roughly equivalent to finding the latest Sasquatch sighting credible, I submit to the prevailing orthodoxy, but I continue to reject its counterintuitive premise.

Georgetown is an affluent, predominantly white area that is home to many D.C. elites and features high-end shopping and dining. It is indeed difficult to imagine SWAT teams shaking down tourists and well-to-do residents for very long.

Because many neighborhoods around the United States continue to be segregated along both economic and racial lines, this policing double standard has the effect—whether intended or not—of alienating poor minorities and undermining police legitimacy in those communities. Extracting money from the impoverished and using dubiously constitutional tactics in specific areas is the wrong way to treat the people who live there.

This was cross-posted at Cato@Liberty.

Police Lies About Misconduct Exposed

From the New York Daily News:

Cop watchers armed with smartphones are not only catching police misconduct — they’re catching cops lying about the misconduct, officials said Thursday.

More and more cops are giving false statements in official documents or when questioned about their misbehavior, the city’s Civilian Complaint Review Board said….

In one incident, a cop accused of misconduct during a stop-and-frisk claimed he never rifled through a man’s pockets, but video surveillance inside the building showed he did.

But even when confronted with the video, the cop denied the allegation.

“(The civilian) can say whatever he wants, that’s not what happened,” the officer said at the time.

Police Unions Lobby for Special Legal Protections

From the New York Times:

As Justice Department officials began meeting with community leaders in Baltimore this week in the early stages of their civil rights inquiry into the death of Freddie Gray, they heard repeated complaints about a state law that gives special legal protections to police officers suspected of abusing their power.

The law is similar to at least a dozen across the country, commonly known as police officers’ bills of rights. But Maryland’s, enacted in the early 1970s, was the first and goes the furthest in offering layers of legal protection to police officers. Among its provisions is one that gives officers 10 days before they have to talk to investigators….

The United States Supreme Court in 1967 determined that because police officers had in some instances been deprived of their constitutional right against self-incrimination, officers could not be compelled to give evidence against themselves, including as part of administrative investigations.

Since then, the extra layer of legal protection for officers has expanded, in large part because of the power of police unions, which have had similar rules inserted in union contracts and have frequently paid for television advertisements that label politicians who disagree with them as antipolice. In Maryland, law enforcement unions have donated tens of thousands of dollars to state and local elected officials, including to Ms. Rawlings-Blake.

New York Considers Reform Proposals

From the Times Union:

As Baltimore smoldered following the death of an unarmed man in police custody, Gov. Andrew Cuomo offered lawmakers a choice about future oversight of similar controversial cases in New York state.

If lawmakers don’t approve his call for an independent monitor to oversee legal proceedings that follow such deaths, Cuomo will use his executive powers to go even farther and create a special prosecutor who would have the power to pursue charges against officers….

Calls for greater scrutiny and oversight following the deaths of unarmed civilians emerged after Garner’s death and a grand jury’s decision not to indict any of the officers involved. But they haven’t gained traction in the full Legislature.

Senate Democrats have pushed for a creation of a special investigator within the Attorney General’s Office to investigate unarmed deaths, but Republicans who control the majority haven’t moved it forward.

The creation of a special prosecutor is opposed by many district attorneys and police unions around the state.

 

Settlement in Civil Rights Lawsuit

From Reuters:

The Los Angeles County Board of Supervisors approved an accord on Tuesday with the U.S. Justice Department to settle findings that the country’s largest sheriff’s department systematically harassed and intimidated low-income minority residents….

The report concluded that county sheriff’s deputies, along with authorities in the towns of Lancaster and Palmdale, routinely targeted blacks and Hispanics in a “pattern and practice” of unlawful traffic stops, raids and excessive force.

The Samantha Ramsey Shooting

From Fox19.com:

The family of Samantha Ramsey filed a federal civil rights and wrongful death suit Wednesday against Boone County Deputy Tyler Brockman and Boone County.

A grand injury declined to indict Deputy Brockman in November of last year in the death of 19-year-old Ramsey.

Attorney Al Gerhardstein, one of the attorneys on the case stated, “This deputy was not indicted or disciplined. He was wrong to jump onto the car; shoot while Samantha was slowing down; and wrong to shoot at this young lady at all before he jumped back off the hood.  Samantha’s shooing and death was completely unnecessary and avoidable.”

The lawsuit was filed in federal court in Covington.  The issues raised by the shooting match those raised in numerous other police shootings across the nation where police have killed unarmed civilians, according to a release.

Problems in Oakland Police Department

From Bay City News:

Oakland police officers who are fired for misconduct are reinstated at arbitration hearings 75 percent of the time because department officials and the city attorney’s office do a poor job of handling the cases, a report says.

San Francisco attorney Ed Swanson compiled the report at the request of U.S. District Court Judge Thelton Henderson, who is supervising the Oakland Police Department’s slow progress in complying with a police misconduct lawsuit settlement in 2003 that requires the department to implement 51 reforms in a variety of areas….

Swanson criticized the Oakland City Attorney’s Office for what he said is its “neglect and indifference and handling of police disciplinary cases and arbitration” because it doesn’t prepare well for them. He also said the relationship between the Police Department and the City Attorney’s Office has been “dysfunctional.”

The Freddie Gray Case

From CNN:

More than a week after Freddie Gray was arrested in Baltimore, and a day since he died, authorities are still scrambling to find out exactly what happened and why.

“I’ll tell you what I do know, and right now there’s still a lot of questions I don’t know. I know that when Mr. Gray was placed inside that van, he was able to talk. He was upset. And when Mr. Gray was taken out of that van, he could not talk, and he could not breathe,” Baltimore Deputy Police Commissioner Jerry Rodriguez told reporters Monday.

He spoke the same day an autopsy was done on the body of Gray, which showed that he died from a severe injury to his spinal cord. “What we don’t know, and what we need to get to, is how that injury occurred,” Rodriguez said.

The Gray family has retained a great attorney, Billy Murphy.  Go here for a Cato podcast interview with Mr. Murphy about police tactics and constitutional rights.

Chicago Plans Reparations Fund For Torture Victims

From the New York Times:

[T]he City Council this week began considering a $5.5 million reparations package for scores of victims of abuse and torture by the police here in the 1970s and ’80s under the watch of a notorious police commander, Jon Burge. Mayor Rahm Emanuel announced his support this week for the long-sought reparations, which would include a memorial and a formal apology for the mostly black South Siders who have described being shocked with cattle prods, beaten with phone books and suffocated with plastic bags to compel confessions.

The cases involving Mr. Burge and a group of officers under his command had haunted Chicago and its Police Department for years….

[Mayor Rahm] Emanuel this week described Mr. Burge’s actions as a disgrace, adding, “We stand together as a city to try and right those wrongs and to bring this dark chapter of Chicago’s history to a close.”