Paranoid men driving high with 20lb of marijuana call police on themselves
A 911 call was released of two
self-proclaimed ‘dumbasses’ who were arrested in Idaho for drug trafficking
last year after believing they were being followed
Leland Ayala-Doliente, 22, and Holland Sward,
23, were arrested after calling police to arrest them for trying to smuggle 20
pounds of marijuana across several states while high. Photograph: Stephen
Brashear/Getty Images
Sam Levin in San Francisco
Two self-proclaimed “dumbasses”
driving high in Idaho with 20 pounds of marijuana called the police on
themselves after they got “spooked” about cops following them.
East Idaho News released audio of
a 911 call from last year that led to the drug trafficking arrests of Leland
Ayala-Doliente, 22, and Holland Sward, 23, who were apparently so high and
paranoid they were certain undercover cops were tailing them.
East Idaho News released audio of a 911 call
of Leland Ayala-Doliente, who said he was convinced police were following him.
The two young men were traveling
from Las Vegas to Montana on 23 January when they became increasingly concerned
that they were going to be arrested after crossing the Idaho border, according
to police in Rexburg, a city in eastern Idaho.
Eventually, the men decided to
speed up the process of their arrest and called cops – politely requesting that
they “just end it”.
While pulled over near a gas
station and an Applebee’s restaurant, Ayala-Doliente told a confused Madison
County dispatcher: “Hi, uh, we’re the two dumbasses that got caught trying to
bring some stuff through your border and all your cops are just driving around
us like a bunch of jack wagons, and I’d just really would like for you guys to
end it. If you could help me out with that, we would like to just get on with
it.”
“You got caught doing what?” the
dispatcher replied.
“Ahh, God, OK,” Ayala-Doliente
continued. “We kind of got spooked here trying to bring some stuff across your
Idaho border. … A bunch of your cops are driving around in a bunch of civilian
cars not wanting to pick us up. I don’t know what’s the deal.”
He added: “It’s getting cold out
here, man. I just want to get warm.”
When police showed up, the men
had their hands behind their heads, and Sward told an officer: “We’re
surrendering,” according to court records obtained by East Idaho News.
The two were each charged with a
felony count of marijuana trafficking.
A Rexburg police captain told the
news website that no police officers were following them at the time.
Policing In Seattle A Numbers Game
EDITORIAL: Policing In Seattle A
Numbers Game
By: Capitol Hill Times Staff
The Obama administration may
think the Seattle Police Department (SPD) is a model of police reform, but
those much closer to home have a different perspective of its police force. Not
only are a few “bad apples” still being investigated for using excessive force,
residents are saying they’re not getting the protection they’ve paid for as
taxpayers. And they’re willing to pay extra for their own private patrol.
Several North Seattle
neighborhoods have subscribed to private patrols since 2009. They respond to
mostly property crimes, such as car prowls and burglaries, which organizers say
are “low priority” for SPD, and offer a visual deterrent to criminals who might
target the neighborhoods. Magnolia is the latest to buy into private security,
and Queen Anne is considering it.
It’s no secret that Seattle has a
shortage of police officers. Even current union president Ron Smith went as far
as to publicly cite the low number of officers able to respond to incidents. He
said on KIRO Radio that nine officers covered the entire West Precinct — which
includes downtown, Pioneer Square, International District, South Lake Union,
Queen Anne and Magnolia — during the midnight shift on Black Friday; Queen Anne
and Magnolia had one officer each that shift.
SPD officers are spread too thin
because of their sheer numbers, not being able to respond to “lower-priority”
incidents or to check on the RVs that have taken over much of the city. They’re
also called in larger numbers, on occasion, to clear out homeless encampments
under and along freeways and in vacant buildings.
Yet, they also work overtime
providing security details for the increasing number of parades, protests and
foreign dignitaries visiting our city and now for private neighborhood patrols.
And officers are also placed on administrative leave after police shootings and
other cases under more intense investigation.
Mayor Ed Murray aimed to hire 100
more police officers by the end of his first term in December 2017; only seven
had been hired for 2015, as of Oct. 1, according to a Crosscut story published
last November.
This year’s budget includes
enough funding for five officers above attrition. SPD will test its current
group of new entry-level recruits on Jan. 30, followed by nine months of
training. But this won’t keep up with the increasing workload of a growing
city, nor with the number of officers who retire or are fired in the interim.
But who would want to become an
officer with SPD? It has a reputation for excessive use of force and is still
working under the Department of Justice’s scrutiny. Officers also encounter
more people with mental illness and violent histories than ever before, as well
as people who have a distrust of police.
Regardless of what SPD officers
face on the streets, will there even be enough eligible recruits, especially
with our ever-expanding collective waistbands, to pass the rigorous training?
While residents elsewhere say
their more recent complaints about slower response times are still going
unanswered, problems such as homelessness, drug dealing and car prowls have
been rampant in the International District for decades.
Seattle doesn’t need yet another
citizen task force to find long-term solutions over a span of months, as it’s
doing with the International District. Nor does it need numerous smaller
security forces to do the work of publicly paid employees. To be the
world-class city it wants to be, Seattle needs to put its best feet forward —
that of police officers deserving of such, and lots more of them on the street.
The long road to police reform in Baltimore
The long road to police reform in
Baltimore
City police chiefs have been
promising a shakeup since the 1970s.
The year was 1975. Verda and
Henry Welcome invited a small group to their home near Druid Hill Park to
discuss crime in Baltimore. She had been mugged near her church. Fortunately,
her injuries were minor. Although crime in West Baltimore had become common,
this victim was not. In 1974 Senator Welcome had become the first black woman
to be elected to the Maryland State Senate, and by 1974 her legislative
accomplishments were renowned. City Police Commissioner Donald Pomerlau sent
two officers to attend the meeting.
The commissioner recommended
hiring more officers to patrol the community. Senator Welcome was not certain.
She had information that almost 90 percent of police work involved in traffic
duty and observed that, in her community, most of that activity involved
ticketing for minor offenses that had the appearance of quota work, especially
since police were paid overtime for traffic court. Could the police be more
effective by focusing on violent crime?
Henry Welcome asked about the
effectiveness of foot patrols. He had an impression that every time The Sun
reported a spike in crime, the police introduced a new plan for foot patrols or
police in cars. They even talked about more police on horseback. Did the police
ever evaluate their methods? He explained that, as a physician, he could use a
new method only if it had been rigorously evaluated.
At the next meeting, the
commissioner's representatives reported that Mr. Pomerlau thought the senator's
ideas fully aligned with work from an internal police committee he had already
formed to study better utilization of police resources, and he had committees
to evaluate every aspect of his department and its programs. Meanwhile, until
the studies were completed, he would assign more patrols to her neighborhood
area.
Senator and Dr. Welcome were
pleased with the outcome of their meetings and the responsiveness of
Commissioner Pomerlau. Yet they both predicted that it would take 20 years to
see the full benefit of the commissioner's changes. About 10 years later I
asked Frank Battaglia, who replaced Mr. Pomerlau in 1981, about the status to
those changes. Commissioner Battaglia smiled and told me that Mr. Pomerlau had
committees studying everything just to make sure nothing changed.
The Welcomes probably were not
the first to recognize that accountability and transparency were needed for
effective police work in Baltimore. Yet had their counsel regarding slow but
effective changes been adopted in 1975, we may not be having the Freddie Gray
trials 40 years later.
M. Guarnieri
NY police officer on trial for shooting dead unarmed man
By AFP
NEW YORK: The trial began
Wednesday of a rookie New York police officer accused of manslaughter in the
death of an unarmed black man whose shooting fueled nationwide protests against
US police tactics.
Peter Liang, 28, faces up to 15
years if convicted of manslaughter in the second degree, criminally negligent
homicide, assault in the second degree, reckless endangerment and two counts of
official misconduct.
US opens federal probe into
Chicago police after black teen shot dead
Liang fatally shot Akai Gurley,
28, the father of a young daughter, in a dimly lit stairwell of a Brooklyn
housing project on November 20, 2014.
His death closely followed those
of Eric Garner, a father of six in New York, and 18-year-old Michael Brown in
Missouri, also at the hands of police.
Brown’s death sparked the first
of angry and at times violent protests across America.
Liang appeared in Kings County
Supreme Court dressed in a suit, white shirt and gray tie. He made no remarks
and sat silently next to his lawyers as jury selection for his trial began.
It is rare for US police officers
to face trial for actions carried out in the line of duty. The Asian-American
officer was on the job just 18 months before the shooting.
The trial is likely to last three
to four weeks, Judge Danny Chun said. Jury selection is expected to continue
Thursday and opening statements are scheduled next Monday.
Five shot in US at rally over
death of black man: police, media
Liang and his partner were on a
routine patrol of the Louis H Pink Houses complex, the scene of two murders in
one year, the night that Gurley was killed.
Liang left the roof and walked
down the stairs to the eighth floor. The lights were not working and at that
moment Gurley and his girlfriend stepped into the stairwell, a floor below,
when the elevator failed to appear.
Liang opened fire and the bullet
struck Gurley in the chest.
New York police immediately
declared his death a “tragedy” and Commissioner Bill Bratton described Gurley
as a “total innocent.”
Within hours Brooklyn district
attorney Ken Thompson opened an investigation into Gurley’s death, interviewing
dozens of witnesses and inspecting the staircase multiple times.
A grand jury’s subsequent
decision to indict Liang came in stark contrast to decisions by other grand
juries in similar cases, particularly the death of Brown in Missouri and Garner
in New York.
Chicago fires top cop after black
teen’s fatal shooting
Dozens of potential jurors spent
Wednesday trying to be excused, citing reasons such as lack of fluency in
English, a bad experience with the police or claiming to have read a lot about
the case.
Others said they had grown up
surrounded by police officers and would be biased or unable to exercise fair
judgment.
“There was a lot of police
misconduct recently, I don’t think I can be fair,” said one potential juror,
who was excused.
After Liang fired the bullet, he
and partner Shaun Landau did not respond to radio contact for more nearly seven
minutes, the New YorkDaily News reported.
Kimberly Ballinger, the mother of
Gurley’s daughter, filed a wrongful death suit last May against the city, the
two officers and the housing authority which runs the apartment building.
A series of high-profile police
killings in the US, usually of black men or youths, triggered a nationwide
debate about police reform and penalties for officers who kill unarmed
suspects.
The US Bureau of Justice
Statistics says that blacks accounted for 32 per cent of all reported
arrest-related deaths from 2003 to 2009, despite making up 13 per cent of the population.
This Was a Big Day for Reforming Cops
2
Reasons Why This Was a Big Day for Reforming Cops and Courts
Both say they want
"common-sense" solutions.
—By AJ Vicens
The national push to reform the
criminal justice system saw two significant moves Wednesday, one from the law
enforcement community and another from the activists who helped launch the
conversation in Ferguson, Missouri, when Michael Brown was gunned down in
August 2014.
On Wednesday, an organization
known as Law Enforcement Leaders to Reduce Crime & Incarceration—which
includes more than 160 police chiefs, sheriffs, district attorneys, federal
prosecutors and attorneys general—sent a letter signed by more than 70 of its
members to House and Senate leadership in support of legislation that would
address sentencing guidelines. The Sentencing Reform and Corrections Act of
2015, sponsored in the Senate by Sen. Chuck Grassley (R-Iowa), would reduce
federal mandatory minimum sentences for some gun and drug crimes, and would
make it possible for federal prisoners to earn credits for completing
rehabilitative programs while incarcerated and reduce their time behind bars. A
similar measuresponsored in the House by Rep. Bob Goodlatte (R-Va.) also
addresses some of these problems.
"Common sense might suggest
that more punishment keeps down crime," the group wrote. "But
research has shown that arbitrarily increasing time served in prison does not
necessarily translate into increased public safety gains…In fact, excessive
incarceration can actually increase crime in some cases."
The group noted that half of all
federal prisoners are drug offenders (compared with just 7 percent who are
convicted of violent crimes), so current sentencing approaches and prosecution
efforts waste money and resources. The federal inmate population has grown more
than 400 percent over the past 30 years, they wrote, and the Federal Bureau of
Prisons is 39 percent over capacity and consumes a quarter of the Justice
Department's budget, in part because of tough-on-crime, mandatory minimum
sentencing programs.
"These taxpayer dollars
should instead target the country's most dangerous and serious offenders, those
who pose the most risk to public safety," they wrote. (See the full letter
below.)
While that effort focused on law
enforcement reforms at the federal level, DeRay McKesson, Johnetta Elzie,
Brittany Packnett, and Sam Sinyangwe—a group of activists who have been among
the most prominent voices in calling for police reform in America—launched the
Police Use of Force Project. This project ofCampaign Zero, an effort to end
police violence in America, published data outlining how policies governing
police use of force often lead to police violence.
The data reveals use of force
policies in several key areas for 17 major cities. (The data is downloadable,
as well.)
Policies "often fail to
include common-sense limits on police use of force," the group noted. For
example, in many police departments, life preservation is not the primary
objective, and many do not require officers to deescalate situations where
possible. Policies often permit officers to "choke or strangle
civilians," and many do not require officers to intervene and stop the use
of excessive force. Many of the police departments reviewed by the group lacked
transparency in their use of force policies, did not provide public data on
police shootings, did not keep tabs on incidents where force was used, and, in
some cases, provided access to the names of those shot by the police.
In the statement announcing the
use-of-force project, the group said police policies often don't match their
publicly stated values.
"Our analysis…shows that
while many police departments have adopted value statements claiming to
prioritize the preservation of life, their actual use of force policies do not
reflect this commitment," the group wrote.
The survey is an ongoing process,
and Campaign Zero asked community members to get to know police policies in
order to become more engaged in police reform efforts.
"In the coming weeks, we
will be forming a collective of legal scholars, academics, and activists to
continue analyzing police use of force policies in the nation's largest 100
cities, as we work to develop a model use of force policy that is fair and in
the interest of the public good," it wrote.
police reform efforts
SAPD Chief focuses on police reform efforts
BY EMILY BAUCUM/FOX SAN ANTONIO
WEDNESDAY, JANUARY 20TH 2016
SAN ANTONIO - The top brass at
the San Antonio Police Department are working with leaders in Washington, D.C.,
on a mission they're calling police reform.
Chief William McManus says the
riots in Baltimore and Ferguson showed that the public is demanding more
transparency and accountability from police departments, and he says he's
listening.
When a man was killed in a
rolling shootout out on the city's east side last week, police contacted
leaders at Eastwood Community Baptist Church. The church is located a few
blocks away from the crime scene.
"This chief and the sheriff
have probably visited this community more than anybody ever has," Tommy
Gregory says.
He's vice president of the
Ministers and Citizens Alliance.
"It's an organization that
was started because of the crime that was going on in our community,"
Gregory says.
He says there's no one solution
to fighting crime, but a priority is working with police.
"In the mind of the
community, the first thing they think of when the policeman comes: they're coming
to arrest me, harass me," Gregory says.
Chief McManus says developing
trust is key to the police reform mission.
"Treat people right,"
he says. "And when you treat people right, they grant you the legitimacy
that you need to do your job. And that's not what happened in Ferguson. That's
not what happened in Baltimore. That's not what happens anywhere you see this
mass unrest."
In a presentation to city
council, he explained SAPD has spent the past eight years reviewing its
procedures and comparing itself to police forces in other big cities.
Since then, the Chief says the
department's updated its use of force tactics, changed its car chase policy and
added a mental health unit.
"There's very specific
crisis intervention training that officers receive," Chief McManus says.
He recently traveled to
Washington, D.C., to work on national police reform efforts. He has weekly
calls with White House staff to discuss what's working in San Antonio, like
block walks through high-crime neighborhoods.
"The bottom line in all of
that is we are well down the road on police reform," Chief McManus says.
But as the peaceful protest by
the group Black Lives Matter at this week's Martin Luther King, Jr., March
reminded many neighbors, there's more work to be done.
"They have to be able to
develop the trust in the police officers," Gregory says. "And of
course, we have to be able to trust them that you're not going to do something
that we don't feel is right."
The next step for the department
begins soon when officers start hitting the streets with body cameras. The
Chief says SAPD's policies will follow Department of Justice recommendations.
cop convicted of rape sentenced
Oklahoma City cop convicted of
rape sentenced to 263 years in prison
By Eliott C. McLaughlin, Sara
Sidner and Michael Martinez, CNN
Ex-cop sentenced to 263 years for
rapes 01:06
Story highlights
Daniel Holtzclaw gets 263 years, as
recommended by the jury
Woman recalls how she was raped
while handcuffed to a hospital bed
Woman recounted being raped on
mother's front porch; she was 17 at the time
(CNN)Daniel Holtzclaw, the
ex-Oklahoma City officer convicted of rape and other charges after he preyed on
African-American women over six months, was sentenced Thursday to 263 years in
prison, as recommended by the jury, according to his attorney.
The sentence comes just over a
month after a sobbing Holtzclaw was convicted on 18 of 36 counts, including
four counts of first-degree rape and four counts of forced oral sodomy.
Prosecutors said Holtzclaw
selected victims in one of Oklahoma City's poorest neighborhoods based on their
criminal histories, assuming their drug or prostitution records would undermine
any claims they might make against him.
Then, he would subject them to
assaults that escalated from groping to oral sodomy and rape, according to the
testimony of 13 victims. Holtzclaw, whose father is a police lieutenant on
another force, waived his right to testify.
Two of those women shared their
stories with CNN on Wednesday, recounting horrific memories of being forced to
perform sexual acts by a serial rapist with a badge who was supposed to protect
and serve.
Jury wants 263 years
Because the victims are black,
race has been regularly invoked in the case. His trial began in November and
was criticized by activists after an all-white jury was chosen. Protesters
repeatedly gathered outside.
Holtzclaw, whose father is white
and mother is Japanese, is identified as "Asian or Pacific Islander"
by court records.
Attorney Benjamin Crump, who
represented the families of Trayvon Martin and Michael Brown, has criticized
the media, asking, "Where is the national outcry for their justice?"
Crump praised the sentence
Thursday saying it was "a landmark victory."
"All the women were victims,
from the 17-year old teenager to the 57-year old grandmother. This is a
statement for 400 years of racism, oppression and sexual assault of black
women; a statement of victory not only for the 'OKC 13,' but for so many
unknown women," Crump said in a statement.
On Wednesday, Holtzclaw's lawyers
asked for a new trial, alleging prosecutors did not disclose newly discovered
evidence -- including DNA evidence and the accounts of accusers who falsely
claimed to be victims -- to the defense, according to CNN affiliate KFOR. Court
documents posted on the station's website say a detective referenced the
evidence in a Facebook post.
The judge denied the motion for a
new trial.
The defense team filed for an
appeal in court on Thursday, and it was denied, Crump said. They plan to appeal
again, he said, but he was not sure what arguments they will use.
Holtzclaw's attorneys aren't the
only ones declaring his innocence, despite the verdict. His sister also runs a
blog dedicated to telling her brother's "untold story."
Victims' stories
One of Holtzclaw's victims,
Jannie Ligons, grandmother of 12, was among those who spoke at the sentencing
on Thursday.
In an interview with CNN this
week, she recalled driving down Lincoln Street when Holtzclaw pulled her over
and told her she was swerving, "which was untrue," she said. He told
her to get out of the car.
"He put a flashlight on my
chest. He told me to pull my pants down to my knees. I did that but real quick
and pulled them back up again. He pulled out his flashlight and shined it on my
privates. I said. 'Sir, you not supposed to do this.' He said, 'Get back into
my vehicle.' I did what he said. I began to get very, very scared," Ligons
said.
She remembers him telling her,
"Damn, you got a big ass."
"I thought he was going to
kill me because I had seen his face and could tell on him and he was an officer
and had to know he wasn't supposed to do this," she said.
That's when Holtzclaw ordered her
to perform oral sex, she said. Her mind racing and tears gushing from her
then-57-year-old eyes, she was both disgusted and terrified.
"I tried to perform oral
sex," she said. "And trying to talk, I kept saying, 'Sir, please
don't make me do this.' I said, 'Are you gonna shoot me?' He said, 'I promise I
am not. ' I didn't believe him. I kept seeing his gun while he was making me do
this right there on the street. I was sitting in the passenger side of the car
and he was standing there. It was so horrifying. It was unreal. I cried and
cried," Ligons said.
Finally, he let her go, and
"I decided right then If he didn't kill me I was going to tell on
him," she said.
Rape in a hospital bed
She picked up her daughter and
went to the police station. Investigators interviewed her and sent her to the
hospital. She soon learned she was the last in a string of sexual assaults and
rapes committed by Holtzclaw.
"The detective I talked to
in the hospital came in and she believed me. While she was writing the report
she said, 'I got a good idea who it was,' " Ligons said. "I was
relieved at first, but then I wondered why he was still on the street if they
knew who it was."
Ligons told reporters after the
verdict was announced last month that she had to enter therapy and later
"had a stroke behind this."
Another victim, 24-year-old
Shandegreon "Sade" Hill, told CNN she was intoxicated the night
Holtzclaw arrested her.
He promised to get her prior
charges dropped, but while she was handcuffed to the hospital bed trying to
detox, he raped her, she said.
"He started to touch me. He
touched my breast. From there, I just didn't know what to think. I am in his
custody because whatever he tells me in my mind I just did it. As far as I know
I could wind up dead in the hospital saying I was overdosed," Hill said.
"He violated me. And made me
give him oral. He stuck his hands into my privates. He done everything against
my will, " she told CNN, her voice shaking and angry.
Holtzclaw continued to pursue
her, even following her to her home and stalking her on social media, she said.
These are just two of the stories
from the 13 victims, one of whom was 17 at the time and testified she was raped
on her mother's front porch.
Grandmother brought him down
Ligons' report would be the one
that finally yielded Holtzclaw's arrest. After she went to police and media
outlets, investigators found another dozen victims. She now has a civil lawsuit
pending against the former officer and the city, filed on behalf of several
victims. Hill has filed a state civil lawsuit against Holtzclaw and Oklahoma
City.
Crump has called Ligons "a
true hero -- not just for black women but all women."
"The statistics on rape
victims reporting the crimes against them are low to being with. This
grandmother had the strength to come forward not just against her assailant but
against a police officer. That is a frightening thing to do," he said.
Holtzclaw was a former linebacker
on the Eastern Michigan University football teamand graduated with a degree in
criminal justice.
Prosecutors say his ruthless
scheme began during a June 2014 traffic stop. He was fired from the force in
January 2015 after an internal investigation.
"Your offenses committed
against women in our community constitute the greatest abuse of police
authority I have witnessed in my 37 years as a member of this agency,"
Oklahoma City Police Chief Bill Citty wrote in the termination letter,
according to CNN affiliate KFOR.
CNN's Keith Allen, Jethro Mullen
and Gigi Mann contributed to this report.
Reform of Police Use of Force Policies
Lawmakers Discuss Reform of
Police Use of Force Policies
By Laura Waxmann
In a special hearing today, San
Francisco lawmakers on the Rules Committee discussed the police department’s
policies on the use of force. The discussion was a response to mounting
pressure from the community following multiple fatal shootings by SFPD officers
in recent years, including three in the Mission last year.
Since 2007, San Francisco police
officers have shot 37 people, and local agencies deemed each of these shootings
justifiable, said Cohen, calling these statistics “difficult to accept without
questioning.”
Twice during the hearing,
District 9 Supervisor David Campos pointed out Police Chief Greg Suhr’s absence
from the meeting, which he called “disturbing.”
“I am very bothered by the fact
that in every single case involving use of force by police, the chief has made
statements that what happened in these incidents was within policy, even though
those statements are made before there is a complete investigation,” he said.
“In Alex Nieto’s case, the chief
went to a community meeting where he said what the police did was just fine,”
Campos said, adding that this pattern was continued in the shooting of Amilcar
Perez-Lopez and Mario Woods – in all three cases, the police department deemed
the use of force by officers involved as justified.
Spurred in part by Mayor Ed Lee’s
call for a reform of lethal force and officer training policies following the
police shooting of Mario Woods on December 2, the hearing spanned some three
hours.
“We are here… also to open up the
conversation to a transparent discussion about cultural changes [in the police
force] that need to happen across the country,” said District 10 supervisor
Malia Cohen. She also called San Francisco’s general order governing the use of
force, which has not been revised since 1995, “outdated.”
“These incidents have created a
huge gap between what the police department sees as acceptable conduct and what
the community sees as acceptable conduct,” said District 11 Supervisor John
Avalos.
Current use of the force policies
under which San Francisco police officers operate lack verbiage in implementing
racial bias and de-escalation training, said Aaron Zissar, a trial attorney at
the Civil Rights Division of the Department of Justice.
“One of the first things I saw
was that there is no discussion of crisis intervention in these current
policies – putting these practices into policy,” said Zissar. He recommended
that updated policies should include de-escalation training and legislate a
crisis intervention team “that goes out there for prevention,” engaging in
active community outreach to prevent police encounters in the first place.
This emphasis on enforcing
de-escalation training policies was echoed by the committee, and London Breed,
its president, called for the reconstitution of the African American
Police-Community Relations Board, which operated some time ago to facilitate
policy changes and improve relationships between officers and the community.
“Fixing and repairing the trust
between community and police is going to require a lot of work,” said Breed.
“It’s not just about changing policies but changing the (police) culture.”
This cultural change is achieved
by shifting from a “warrior to guardian” mentality, said Julie Traun, Director
of Court Programs at the Bar Association of San Francisco. Traun pointed to the
Oakland Police Department as an example of creating a culture of
“self-examination” from which San Francisco’s police force could learn.
“You have to partner with
professionals,” said Traun, referring to Oakland’s successful implementation of
body cameras and technology that facilitates the department’s data collection
process in an effort to address biased policing policies.
Joyce Hicks, executive director
of the Office of Citizen Complaints, recommended requiring a sergeant or
officer of higher rank to respond to incidents involving an armed suspect.
“The shootings are reduced by 80
percent when a supervisor is there during a critical incident,” said Hicks.
In Suhr’s absence, Police Captain
Gregory Yee said that officers will be trained to initiate a confrontation with
an armed suspect with questions rather than commands, and to intervene in high
stress situations involving other officers.
“That is a change in culture, to
have an officer tap another on the shoulder and say ‘step back,’” said Yee,
adding that officers will be held accountable for not intervening in situation
that require de-escalation.
“There needs to be a conversation
about what an officer’s role is … and who is holding them accountable,” said
Eticia Brown, and organizer for the Justice for Mario Woods coalition, during
public comment. “They are there to protect and serve the community. They are
not the jury, they are not the judge.”
Show me real eyewitness ID reform
Show me real eyewitness ID reform
By Tricia Bushnell and Amol Sinha
Here is a sobering fact: Every
wrongful conviction in Missouri that was reversed by DNA evidence involved
eyewitness misidentification. In all nine of these cases, eyewitnesses
mistakenly identified — and courts convicted — innocent people. Some of these
innocent men spent years and even decades in jail while the real perpetrators
remained free.
Eyewitness misidentification is
the leading contributor to wrongful convictions that have been overturned by
DNA evidence, factoring in over 71 percent of the 336 such cases nationally. At
100 percent, Missouri exceeds the national average. Additionally, cross-racial
misidentification contributed to nearly half of the nation’s misidentification
cases resulting in DNA exonerations; it also played a role in five of
Missouri’s nine such cases.
On several occasions, Missouri
has failed to reform the way police conduct eyewitness identification and how
that evidence is presented in court. Last month, the Missouri Supreme Court
failed to adopt a jury instruction that would have given jurors guidance on
factors that have been scientifically proven to contribute to
misidentification, such as cross-racial identification. Unfortunately, the high
court adopted a much-less effective set of instructions that do not adequately
warn jurors about factors that could contribute to a wrongful conviction.
The instructions also largely
ignore the vast body of scientific research that has been developed over the
past 30 years and which establishes how law enforcement and the courts can
enhance the reliability and consideration of eyewitness evidence.
However, since the court failed
to act, it is vital that the Legislature take up the issue during the current
legislative session and pass Senate Bill 842, which would require the statewide
adoption of the following eyewitness identification best practices. These
practices include:
• Blind administration: Lineup
administrators should not be aware of the identity of the suspect, preventing
the administrator from providing inadvertent or intentional verbal or nonverbal
cues to the eyewitness.
• Thorough instructions: The
eyewitness should be given a set of instructions that deter him or her from
feeling compelled to make an identification. The instructions should include
the directive that the suspect may or may not be in the lineup.
• Fair lineup composition:
Suspect photographs should not bring unreasonable attention to the suspect.
Fillers (non-suspect photographs or live lineup members) should be selected
based on their resemblance to the description provided by the eyewitness.
• Confidence statements:
Immediately following the lineup or photo array procedure where an
identification has been made, the eyewitness should provide a statement, in his
or her own words, that articulates his or her level of confidence in the
identification. This statement should be recorded verbatim.
These best practices are
supported by lawyers, police and prosecutors across the nation, among them the
American Bar Association and the International Association of Chiefs of Police.
Additionally, in 2014, the National Academy of Sciences, citing decades of
research, released the most comprehensive report to date on eyewitness
identification and recommended these best practices, leading to strong
consensus that the science is settled. Twenty-five states and many localities
across the country either advise or require police agencies to implement these
best practices; Missouri should do the same.
Missouri has an opportunity to
embrace science and national trends, and help prevent future wrongful
convictions. It should use this legislative session to pass a statewide policy
governing eyewitness identification police practices. Then, perhaps, the
Show-Me state can finally show its residents it cares about preventing
injustice.
Tricia Bushnell is legal director
of the Midwest Innocence Project. Amol Sinha is a state policy advocate at the
Innocence Project.
Hundreds turn out to talk federal review of Milwaukee police
Hundreds turn out to talk federal
review of Milwaukee police
BY GREG MOORE, ASSOCIATED PRESS
THURSDAY, JANUARY 21ST 2016
MILWAUKEE (AP) — Hundreds of
people packed a Milwaukee auditorium Thursday evening to discuss a federal
review of the Milwaukee Police Department initiated after months of protests
over the death of a mentally ill black man who was fatally shot by a white
police officer.
The listening session marks the
first of several such meetings the U.S. Justice Department plans to host as
part of a collaborative reform investigation seeking to overhaul the
department.
Dontre Hamilton's 2014 death
touched off a series of demonstrations around the city. Many speakers -
including Hamilton's mother and brother - questioned whether a review involving
a department they see as fundamentally flawed could be fair or effective.
Hamilton family members and their
supporters have called for the DOJ to sue Milwaukee police and initiate a
full-scale pattern or practice review, which can lead to massive, court-ordered
overhauls. The Chicago Police Department is under such a review. Speaker after
speaker echoed that call Thursday.
Federal officials, however, say
the voluntary review is no less thorough than a legally mandated probe and say
their goal is to make Milwaukee's department a model for the rest of the
nation. They also say the voluntary review doesn't preclude a future pattern or
practice investigation.
Troy V. Williams, of the DOJ's
Office of Community Oriented Policing Services, moderated the session and said
federal officials are committed to making sure the reform efforts work.
Dozens of speakers lined up to
share their experiences, many expressing mistrust and alleging racism.
Nate Hamilton, whose brother was
killed after a confrontation that began with a complaint of a man sleeping in a
downtown park, passed out list of demands from his organization, the Coalition
for Justice. "There will be consequences," he said. "We demand
justice - or else."
He called for residents to vote
out public officials, including aldermen and the mayor, whom he blamed for the
various reports of mistreatment.
The initial phase of the
Milwaukee review will last up to 10 months and focus on police use of force,
racial disparities, community engagement and mass demonstrations. Federal
officials have said their assessment team would involve police officers,
community members and civil rights groups.
Dontre Hamilton's family has said
he was schizophrenic, but not violent. He was shot 14 times by former Officer
Christopher Manney, who was subsequently fired for improperly deciding to frisk
Hamilton. Manney's attorney maintained that his client suspected Hamilton was
armed. Manney has said he lost his police baton to Hamilton in a struggle and
opened fire in self-defense. Manney was not charged in the death.
Begley has a history of using
technology to highlight hard truths. He's also responsible for the website
Officer Involved, which is a grid of hundreds of aerial images that show
exactly where someone was killed by police—one need only click on an image to
see the victim's name and the city and state in which they were killed. Begley
also operates@Dronestream, a Twitter feed that publicizes United States drone
strikes abroad. He launched an app that sent users push notifications with each
new drone strike, but Apple removed the app for "excessively crude or objectionable
content." Archives + Absences is available for free in the app store for
as long as Apple allows its existence.
New App Sends a Notification Every Time Someone Is Killed by Police
New App Sends a Notification
Every Time Someone Is Killed by Police
BY CLAIRE LANDSBAUM
Police killed 984 people with
firearms last year, which is more than double the average number reported
annually by the FBI. Adjusted for population, a disproportionate number of
those people were young black men, and in many cases the policemen who killed
them were never charged, or were charged and acquitted. Although many cities are calling for police
reform, for software developer andIntercept editor Josh Begley, change
wasn't coming fast enough.
On Wednesday Begley announced the
release of his new app, Archives + Absences, which sends users a notification
every time someone is killed by police. According to the Daily Dot, the app
sends push notifications with the name of the person killed. If users click on
the notification, they'll see a map with a pin where the incident took place;
all data comes from The Guardian.
Cop Fired for Threatening to Kill Victim
Rookie Delaware Police Officer
Fired for Threatening to Kill Victim for Helping Citizen File Complaint Against
Police
Alexandra J. Gratereaux January
22,
Less than a year into the job, a
Delaware cop was arrested for making terrorist threats against a citizen, who
was only trying to help another citizen file a complaint against police.
“I’m going to call my boys and
have them come and lock you up,” Wilmington police officer Julian Michel told
the victim, threatening to arrest him for disorderly conduct.
“I’m going to kill that
motherfucker,” Michel threatened, pointing at the victim. “I’m going to shoot you.”
Michel was off-duty, but
identified himself as a Wilmington police officer, which made the victim fear
for his life, knowing he was armed, according to The News Journal.
The incident was captured on
video by another witness, which led to Michel’s arrest on a charge of terrorist
threatening, which is only a misdemeanor unless the victim is at least 62 years
old.
Wilmington police fired Michel
but have not released the video. However, we have already made a public records
request for the video, so we’ll see how long it takes for them to comply.
We are also trying to find out
what the original complaint was about, which led to Michel making these
terrorist threats.
Another witness came forth
supporting the victim’s story and even provided video recording of the
incident, where Michel is seen driving up to the victim and confronting the
unidentified man.
Michel, 26, was hired by the
Wilmington Police Department in December 2014 and graduated from the Police
Academy on May 2015.
Apparently, Michel did not have
any other complaints or past reports of wrongdoing in his file since first
working with the Wilmington Police Department. He also never got around to
winning any departmental awards.
But he has a whole lifetime ahead
of him to find another job at another department.
The News Journal reports that
Michel’s next court hearing is set for Feb. 19.
Cops gets jail time
Ex-cop
sent to prison for false police reports, striking victim
Robert Sciarrino | NJ Advance
Media
By Bill Wichert | NJ Advance
Media for NJ.com
NEWARK — Former Bloomfield Police
Officer Orlando Trinidad said he had wanted to be a husband and a father, own a
home and "live the American dream."
But standing before his fiancée
and other supporters on Friday in a Newark courtroom, Trinidad was sentenced to
five years in state prison as a result of his conviction last fall on official
misconduct and related charges for submitting false police reports about a 2012
arrest.
"I am truly sorry for
everything that has transpired," Trinidad said through tears, while
wearing a prison uniform and with his hands cuffed in front of him. "I am
a different man today as I stand here before you. I am a humbled man."
Trinidad, 34, of Bloomfield, must
serve the entire sentence without an opportunity to be released on parole, and
he will receive credit for 78 days of time served.
In New Jersey, an official
misconduct charge carries a mandatory five-year prison sentence with a
five-year period of parole ineligibility.
Trinidad and his co-defendant,
former Bloomfield Police Officer Sean Courter, were convicted by a jury on Nov.
5 of making false statements in police reports about the June 7, 2012 arrest of
Bloomfield resident Marcus Jeter on the Garden State Parkway.
After reviewing police dashboard
videos — including footage of Jeter with his hands raised inside his vehicle —
the jury determined the officers' reports falsely claimed Jeter tried to grab
Courter's gun while Courter was removing Jeter from the vehicle, and that Jeter
struck Trinidad.
Trinidad also was convicted of
simple assault for striking Jeter during the incident.
Courter, 35, of Englishtown, is
expected to be sentenced at a later date.
During Friday's hearing, Jeter
said he continues to struggle with "nightmares" and wakes up in
"cold sweats" as a result of the incident. Jeter said he still
becomes nervous when he sees a police car.
"I feared for my life that
night," Jeter said. "It's a situation that I would never want anybody
to be in, and I believe that I didn't do anything to provoke the officers that
night."
Jeter noted how he was arrested
and faced a possible prison sentence himself before his charges were ultimately
dismissed. The stress of that experience caused him to lose some of his hair,
Jeter said.
As police officers, Courter and
Trinidad "had a responsibility to do what's right and I don't think that
they did what's right that night," Jeter said.
Jeter also is pursuing a lawsuit
against Bloomfield, Courter, Trinidad and other defendants in regard to the
incident.
Citing the "needless
physical and psychological injury" caused to Jeter, Essex County Assistant
Prosecutor Berta Rodriguez called on Superior Court Judge Michael L. Ravin to
impose a seven-year prison sentence with a five-year period of parole
ineligiblity.
By striking Jeter during the
false arrest and then falsifying the police reports, Trinidad's actions
"show a complete lack of respect for Marcus Jeter and the citizens of
Bloomfield and Essex County, and a lack of respect for his position as a law enforcement
officer," said Rodriguez, who tried the case with Essex County Assistant
Prosecutor Frantzou Simon.
But Trinidad's attorney, Frank
Arleo, asked the judge to impose a more lenient sentence and waive the
requirement for the mandatory five-year prison sentence without parole on the
official misconduct charge.
Noting how Jeter refused to get
out of his vehicle and other factors, Arleo argued Jeter was not an innocent
victim and that Trinidad was acting under strong provocation.
"He was a good cop and now
he's lost all that," Arleo said.
Ravin rejected the state's
request for a longer prison sentence, but he declined to waive the requirement
for the mandatory sentence on the official misconduct charge. The judge found
the circumstances of the case did not warrant such a waiver.
The arrest occurred after Courter
and Bloomfield Police Officer Albert Sutterlin had responded to a
domestic-related call at Jeter's Bloomfield home. His girlfriend's sister
called 911 after Jeter threw the girlfriend's cell phone down a staircase
during a verbal dispute.
Soon after the officers arrived,
Jeter left the residence. Courter has said Jeter was drunk and fled after he
had ordered him to stop, but Jeter has said he was not drunk and that Courter
indicated he could leave the residence.
Courter later stopped Jeter on
the Parkway, followed by Sutterlin, and the officers approached Jeter's vehicle
with their guns drawn and ordered him to get out. Trinidad arrived at the scene
and struck the front of Jeter's car with his patrol vehicle.
After Courter received approval
from a supervisor, he broke the driver's side window and removed Jeter from the
vehicle. Courter and Trinidad later claimed in their police reports that Jeter
tried to disarm Courter and that he struck Trinidad.
Jeter was charged with eluding,
attempting to disarm a police officer, resisting arrest and aggravated assault.
While Jeter's case was still
pending, prosecutors only had the dashboard video from Courter's patrol
vehicle. Jeter's attorney later obtained the dashboard video from Trinidad's
patrol vehicle through an open public records request made with the Bloomfield
Police Department.
After reviewing that second
dashboard video, prosecutors determined the video was inconsistent with the
officers' police reports. The charges against Jeter were then dropped in April
2013 and Courter and Trinidad were indicted in January 2014.
Courter and Trinidad, who had
been suspended without pay, ultimately lost their jobs as a result of their
convictions.
Sutterlin, who retired in May
2013, pleaded guilty in October 2013 to falsifying or tampering with records.
After testifying at the officers' trial, Sutterlin was later sentenced to two
years of probation.
On the witness stand at the
trial, Sutterlin said he included information in his police reports that Jeter
tried to grab Courter's gun and that he struck Trinidad, even though Sutterlin
had not witnessed those events. He said he received those details from Courter
and Trinidad when he consulted with them about the sequence of events.
Sutterlin said no one had told
him to lie about the incident, and that he believed his reports were accurate
when he wrote them.
Bill Wichert may be reached at
bwichert@njadvancemedia.com. Follow him on Twitter@BillWichertNJ. Find NJ.com
on Facebook.
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