National Police Misconduct Reporting Project

Boston Globe Looks at Police DUI Cases

From the Boston Globe:

Simpkins is one of at least 30 Massachusetts law enforcement officials who have been charged with drunken driving while off-duty since the start of 2012, a Globe review has found. The crashes collectively killed three people and injured more than a half-dozen others.

Though some officers resigned or were placed on unpaid leave after the charges, a majority kept their jobs, sometimes after a short suspension.

The drunken driving tally is almost certainly low because not every arrest is widely reported and officers sometimes let their peers off the hook, a practice known as “professional courtesy.” …

The Globe also found the vast majority of officers, like Simpkins, refused to take a breath test, making it harder to prosecute them criminally for drunken driving. And departments frequently went out of their way to accommodate them — keeping officers on the payroll even after they temporarily lost their licenses for refusing the test and could no longer do their regular duties….

The Globe’s findings saddened Ron Bersani of Marshfield, whose 13-year-old granddaughter was killed by a drunk driver in 2003, inspiring “Melanie’s Law” to combat drunken driving.

“I think people in public service should be held to a higher standard, but that is apparently not the case,” said Bersani, grandfather of Melanie Powell. “It is enormously frustrating.”

Police Departments on Trial

From the Economist:

So far much of the debate within America has focused on race. That is not unreasonable: the victims were all black, and most of the policemen involved were white. American blacks feel that the criminal-justice system works against them, rather than for them. Some 59% of white Americans have confidence in the police, but only 37% of blacks do. This is poisonous: if any racial group distrusts the enforcers of the law, it erodes the social contract. It also hurts America’s moral standing in the world (not aided by revelations about the CIA’s use of torture—see article). But racial division, rooted as it is in America’s past, is not easily mitigated.

There is, however, another prism through which to examine these grim stories: the use of excessive violence by the state (see article). It, too, has complex origins, but quite a lot of them may be susceptible to reform. In many cases Americans simply do not realise how capricious and violent their law-enforcement system is compared with those of other rich countries. It could be changed in ways that would make America safer, and fairer to both blacks and whites….

In many ways America remains a model for other countries. Its economic engine has roared back to life. Its values are ones which decent people should want to spread. Yet its criminal-justice system, the backbone of any society, is deeply flawed.

 

Worst of the Month — November 2014

The worst police misconduct in November goes to the Cleveland Police Department.

To begin with, in late November, a Cleveland officer shot and killed 12-year old Tamir Rice.

The press reports based on the police accounts at the time of the incident read:

A rookie Cleveland police officer shot a 12-year-old boy outside a city recreation center late Saturday afternoon after the boy pulled a BB gun from his waistband, police said.

Police were responding to reports of a male with a gun outside Cudell Recreation Center at Detroit Avenue and West Boulevard about 3:30 p.m., Deputy Chief of Field Operations Ed Tomba said.

A rookie officer and a 10-15 year veteran pulled into the parking lot and saw a few people sitting underneath a pavilion next to the center. The rookie officer saw a black gun sitting on the table, and he saw the boy pick up the gun and put it in his waistband, Cleveland Police Patrolmen’s Association President Jeffrey Follmer said.

The officer got out of the car and told the boy to put his hands up. The boy reached into his waistband, pulled out the gun and the rookie officer fired two shots, Tomba said.

As detailed in this video report by MSNBC’s Chris Hayes, the initial reports by the police do not jibe with video evidence in several major respects.

The video shows Rice, alone, playing with his toy gun and also with the snow, as 12 year olds are wont to do. He was not, as the police said, with “a few people” in the pavilion. Other police reports to the press said the shooting officer got out of his car and told Rice three times to put his hands up. The video, unfortunately without audio and recording at the speed of two frames per second, shows the officer shooting Rice within 1.5-2 seconds after exiting the police vehicle.

The officers also waited several minutes before administering CPR to the fallen boy.

The original call that drew the police to the park in the first place said the person with the gun in the park was likely a minor and likely was a toy gun. Apparently, this information was not relayed to the responding officers, who called-in the shooting victim as “possibly 20” years old.

The officer who shot Rice “was specifically faulted for breaking down emotionally while handling a live gun” according to subsequent reporting. The internal memo that informed the report concluded that the officer be “released from the employment of the City of Independence [,Ohio].”

And here’s the thing: The Cleveland Police hired the officer without checking his personnel file from his previous law enforcement job, where he was deemed unfit!

The Department of Justice took a close look at the Cleveland Department and issued a highly critical report:

The Justice Department report on Cleveland cataloged many instances of unjustified force, including officers who assaulted, pepper-sprayed and even Tasered people already being restrained. In one case last year, the police fired two shots at a man wearing only boxer shorts who was fleeing from two armed assailants. In a 2011 case, a man who had been restrained on the ground with his arms and legs spread was then kicked by officers. He was later treated for a broken bone in his face.

The city’s policing problems, [Attorney General] Holder said, stemmed from “systemic deficiencies, including insufficient accountability, inadequate training and equipment, ineffective policies and inadequate engagement with the community.”

The Wire: Police Commanders Discuss Prospects of Grand Jury Indictment for Brutality Case

Does this scene from an HBO show tell us that the outcome in every grand jury case involving police misconduct is preordained?  Of course not.  Do prosecutors exert their power and influence to have grand juries refrain from criminal charges against police officers — even when the available evidence is incriminating?  It happens.

Cato study on grand juries here.

How Many Police Killings Are There Annually?

Today’s Wall Street Journal has a front page story titled, “Hundreds of Police Killings Uncounted in Federal Statistics.”

Here is an excerpt (sorry for no link; there is a paywall):

A Wall Street Journal analysis of the latest data from 105 of the country’s largest police agencies found more than 550 police killings during those years [2007 – 2012] were missing from the national tally or, in a few dozen cases, not attributed to the agency involved. The result: It is nearly impossible to determine how many people are killed by the police each year.

Public demands for transparency on such killings have increased since the August shooting death of 18-year-old Michael Brown by police in Ferguson, Mo. The Ferguson Police Department has reported to the FBI one justifiable homicide by police between 1976 and 2012.

Law-enforcement experts long have lamented the lack of information about killings by police. “When cops are killed, there is a very careful account and there’s a national database,” said Jeffrey Fagan, a law professor at Columbia University. “Why not the other side of the ledger?”

Good question.

However, there is an unstated bias at work here.  It is in the unfortunate title of the Journal article quoted above.  “Uncounted in Federal Statistics.”   But the Journal is hardly alone.  The bias/assumption is that the FBI “oversees” police departments across America.  Thus, it follows that those departments ought to be reporting data to the FBI.   This is incorrect.   Local police do not report to the FBI.   Often departments cooperate with one another.  Cooperation should not be confused with a legal obligation.

To clarify, we should know how many police killings there are.  We should even know more than that.  [If a guy is shot 5 times by an officer and is hospitalized for 8 months and manages to live, but is paralyzed, why should that incident not also be counted? ]    Governors should be responsible for this data-gathering task, not the federal government.   Btw, the article says, “Also missing from the FBI data are killings involving federal officers.”   Good grief.   Let the feds start there.  FBI, DEA, IRS, etc

Kudos to the Wall Street Journal for pressing police agencies around the country for this information.  Good reporting.

Related articles here and here.

Is There a Connection Between Police Unions and Abusive Cops?

Conor Friedersdorf:

There are, of course, police officers who are fired for egregious misbehavior by commanding officers who decide that a given abuse makes them unfit for a badge and gun. Yet all over the U.S., police unions help many of those cops to get their jobs back, often via secretive appeals geared to protect labor rights rather than public safety. Cops deemed unqualified by their own bosses are put back on the streets. Their colleagues get the message that police all but impervious to termination.

That isn’t to say that every officer who is fired deserves it, or that every reinstated cop represents a miscarriage of justice. In theory, due process before a neutral arbiter could even protect blue whistleblowers from wrongful termination. But in practice, too many cops who needlessly kill people, use excessive force, or otherwise abuse their authority are getting reprieves from termination….

Society entrusts police officers with awesome power. The stakes could not be higher when they abuse it: Innocents are killed, wrongly imprisoned, beaten, harassed—and as knowledge of such abuses spreads, respect for the rule of law wanes. If police officers were at-will employees (as I’ve been at every job I’ve ever held), none of the cops mentioned above would now be walking the streets with badges and loaded guns. Perhaps one or two of them deserved to be exonerated, despite how bad their cases look. Does the benefit of being scrupulously fair to those individuals justify the cost of having more abusive cops on the street?

Read the whole thing.

The David Hooks Case

A criminal comes on to your property and steals your SUV.  Later, the criminal, perhaps still under the influence of meth, tells the police that he found drugs on your property.  The police proceed to sneak on to your property and, without announcing themselves, break down your back door.  Frightened that the criminals have returned to your home, you retrieve a gun to protect yourself and your spouse.  The police then open fire and you are killed in your own home.  By the police.

According to the Hooks family attorney, that is what happened to his client.  Here is an excerpt from the attorney’s statement:

On Wednesday, September 24th at 9:56 p.m., drug task force agent Chris Brewer made application for a search warrant before Faith Snell a non-attorney Deputy Magistrate of the Laurens County Magistrate Court. The facts submitted to Deputy Magistrate Snell to convince her that probable cause existed to issue the warrant consisted of the statement by Rodney Garrett a confessed burglar, thief, and a meth addict who was under the influence at the time of his arrest that the approximately 20 grams of methamphetamine, a digital scale, and 2 firearms found on him at the time of arrest had been stolen by him out of another vehicle at the Hooks home. Investigator Brewer also stated information he claimed came from an investigation involving Jeff Frazier. That investigation was in August 2009 over 5 years ago. A search warrant was issued at 9:56 p.m. by Judge Snell. This search warrant is invalid on its face as it does not comport with the requirements of the Constitution of State of Georgia nor the United States Constitution. Armed with an invalid search warrant and with less than an hour of preparation, at approximately 10:55 p.m. several members of the Drug Task Force and the Laurens County Sheriff’s Response Team arrived at David and Teresa Hooks home unannounced by emergency lights or sirens. There is no question the Officers were aware the home had been burglarized only two nights earlier.

David and Teresa were under the impression that the burglars were back and that a home invasion was eminent. David armed himself to protect his wife and his home. Despite the fact that the illegal search warrant did not have a “no knock” clause the Drug Task Force and SRT members broke down the back door of the family’s home and entered firing in excess of 16 shots. These shots were from multiple firearms and from both 40 caliber handguns and assault rifles. Several shots were fired through a blind wall at David with the shooters not knowing who or what was on the other side of the wall. The trajectory of the shots, coupled with the number of shots infers a clear intent on behalf of the shooters to kill David Hooks.

From WMAZ:

Lauren’s County Sheriff’s department says they are not making any more statements on this case. They are directing all questions to the GBI. They’ve not responded.

Neither agencies has identified the deputies involved in the raid, said how many of them fired shots, or said how many times Hooks was hit.

Hooks was buried on Tuesday.

Read the whole thing.

Problems with the Border Patrol

From the Washington Post:

FEW FEDERAL government agencies have grown as quickly as U.S. Customs and Border Protection, which includes the 21,000 agents, double the number in 2004, who patrol the nation’s frontiers with Mexico and Canada. That growth has been accompanied by an alarming number of incidents involving the use of lethal force, particularly along the Mexican border and all too frequently under circumstances that suggest the agency is indifferent or hostile to the most basic standards of restraint, transparency and self-policing.

Reports by news organizations and independent experts — including one report that was suppressed by Customs and Border Protection for more than a year — have finally prompted the agency to address its problems with accountability. The agency’s new commissioner, R. Gil Kerlikowske …has promised that the agency will be more forthcoming about future incidents involving the use of deadly force, which would be a constructive change from its deeply ingrained habit of stonewalling. To that end he is establishing a rapid-reaction force of investigators whose mission will be to gather evidence following incidents and allegations of abuse.

More on the John Geer Case

From the Washington Post:

Shot in the chest, he was left to bleed to death inside his doorway while police officers, remaining outside the house, did nothing for an hour. Five and a half hours after the shooting, his body remained sprawled on the floor where he died.

Incredibly, the authorities in Northern Virginia — including Fairfax County police and state and federal prosecutors — have refused to furnish any explanation for this stupefying sequence of events last Aug. 29 in Springfield. They have stonewalled.

Fairfax County Police Chief Edwin C. Roessler Jr. promised to “hold myself accountable” to Mr. Geer’s family, which includes two young daughters. He has done nothing of the kind. No official information about the shooting has been forthcoming. The officer who fired the shot, who remains on the force with full pay, has not been identified.

The authorities conduct themselves as if the case presented insurmountable complexities. This strains credulity. It involved one shot, one gun, one shooter and one fatality. It took place in broad daylight, at mid-afternoon. It was witnessed at close range by at least two other police officers, as well as friends and neighbors of Mr. Geer. And still authorities refuse to act or discuss Mr. Geer’s death.