Get ready to read A LOT of stories like this after the federal government forces the Fairfax County Occupation police force to wear body cameras
4
drunk driving cases dismissed after officer failed to record sobriety tests
By
Justin Jouvenal
A
judge has dismissed four drunk-driving cases initiated by the same Fairfax
County police officer after he failed to record sobriety tests using his
cruiser’s audio and video systems, according to attorneys and court filings.
Attorneys
argued that the failure violated police orders and deprived their clients of
potentially exculpatory evidence in each case. In some cases, attorneys said
defendants’ accounts of the stops varied from those provided by Officer L.F.
Martinez.
“When
you’ve got this type of equipment, it’s there for everyone’s protection,” said
Eric Clingan, a lawyer who handled one of the cases. “It protects the police as
much as the citizen.”
Dashcam
video of Martinez’s stop of Clingan’s client Dec. 8 shows the officer standing
next to the man’s car in the Fair Lakes area. The officer opens the man’s door,
and the man follows the officer across the camera frame and then off-screen,
where the sobriety test was to be performed. Court filings say the audio
recording system was also turned off.
Later,
the man was charged with refusing to take a sobriety test and with his second
DWI within 10 years. The Washington Post is not naming the man because charges
against him have been dismissed.
Under
Fairfax County police general orders, officers are required to test their audio
and video recording equipment before a shift and utilize both during traffic
stops. Officers are also encouraged to film sobriety tests.
Martinez
could not immediately be reached for comment. Fairfax police declined to
discuss the specific cases that were dismissed or the judge’s ruling. But
county police spokesman Don Gotthardt noted that “there is no specific
requirement that the officer conducting a sobriety stop keep the subject within
view of the camera.”
Clingan
said the officer testified that he moved suspects off camera to perform
sobriety tests in some instances to find level ground. He also testified he was
reluctant to leave the suspects alone to swivel the camera in the proper
direction to film the tests.
Attorneys
said there were disagreements between the defendants and Martinez about factual
matters, but there was no evidence that the officer intentionally conducted the
tests out of view of the camera.
“The
fact that the client’s versions differed so much from officer’s versions was
probably a deciding factor for the court,” attorney Justin J. Weiss said.
“However, it was clear that the court found a pattern of inadvertent failure to
follow proper procedures with the audio and dashcam.”
Why won’t Fairfax give answers in 2009 police shooting?
Letters
to the Editor
My
son, David Alan Masters, was killed by Fairfax County police on Nov. 13, 2009,
while at a traffic light in Fairfax County. Officer David A. Ziants, who had
been following my son for about a mile, reached into the rear window and fired;
one shot killed David almost instantly. David was unarmed. Mr. Ziants told
investigators he thought he was chasing a car thief.
Last
week, Fairfax County released a dashboard-camera video of the incident. Two
officers in another police cruiser were present at the shooting. They reacted
with shock at Mr. Ziants’s actions: “The [expletive] you doing, dude?”
The
video, released almost six years after the shooting, is the first information
released by Fairfax County authorities. Countless requests for investigative
reports under the Freedom of Information Act have been rejected by the police
and the county. What are they afraid of six years after the event?
Mr.
Ziants was fired for improper use of deadly force. But why has he not been
prosecuted? Why have the reports not been released? I am calling for an end to
this conspiracy of silence concerning the death of my son. I am calling for
justice.
Barrie
Masters, Sanford, Fla.
Philadelphia's Osage Avenue police bombing, 30 years on: 'This story is a parable'
On
13 May 1985, Philadelphia police moved in to arrest four members of a radical
black liberation group called Move – but a bungled raid left 11 people dead.
Alan Yuhas revisits the only aerial bombing carried out by police on US soil
Six
adults and five children were killed in the raid.
By
Alan Yuhas
Alan
Yuhas @alanyuhas
Sodden
from the spray of fire hoses, terrified by the thousands of bullets fired above
and the teargas floating into the cellar below, 13-year-old Michael Ward was
hiding under a blanket when a police helicopter dropped a bomb on the roof of
his west Philadelphia home.
The
raid killed six adults and five children, destroyed more than 60 homes and left
more than 250 people homeless. It stands as the only aerial bombing carried out
by police on US soil.
The
30-year anniversary of the bombing of Osage Avenue will be commemorated without
Ward, who was one of only two survivors of the disastrous assault. Instead
professor Cornel West, author Alice Walker and others will give speeches and
protesters will march down the crumbling, mostly abandoned block where the
bombing took place, drawing ties between police brutality and institutional
racism then and now.
On
13 May 1985, police moved in to arrest four members of a group called Move, a
mostly black, radical organization that believed in shedding technology and
“manmade law” in favor of “natural law”. After years of antagonism with police,
Move had fortified a rowhome on Osage Avenue as their headquarters. They
boarded up walls, built a bunker on the roof, and broadcast their anti-police
ethos through a bullhorn, night and day.
Neighbors
in the predominantly black, middle-class neighborhood complained about the
profane tirades and how Move’s children rifled alongside rats through the
house’s compost and garbage. Then district attorney Ed Rendell authorized
arrest warrants and mayor Wilson Goode sent in police.
“Were
we wanted for rape, robbery, murder? No, nothing,” Ramona Africa, the only
living Move survivor of that day, told the Guardian. Africa linked the bombing
to the recent police killings of Michael Brown, Eric Garner and Freddie Gray:
“These people that take an oath that swear to protect, save lives – the cops
don’t defend poor people, poor white, black, Latino people. They don’t defend
us, they kill us.
Advertisement
“All
you have to do is look at the rash of police murders and the cops not being
held accountable,” she added. “That should really alarm and outrage people, but
the thing is that it’s happening today because it wasn’t stopped in ‘85. The
only justice that can be done is people seeing this system for what it is.”
Hundreds
of officers, several fire trucks and a bomb squad arrived that day, with
military-grade weapons in tow. They first tried to flush out the house with
firehoses. A team then blew holes in the walls to funnel in teargas, but no one
budged.
“Then
they just began insanely shooting, over 10,000 rounds of bullets, according to
their own estimates,” Africa said. “That didn’t work, and that’s when they
dropped the bomb on us, a rowhouse in an urban neighborhood.”
“The
story is a parable of sorts; it’s a parable of how the unthinkable comes to
happen,” said Jason Osder, the director of the documentary Let the Fire Burn.
“It’s a tragedy. In my opinion everyone who was an adult in the city failed
that day. Move failed, the police failed, the neighbors failed those children
in some ways. Collectively, the whole city failed.”
Osder
noted that police still remembered an officer killed in an altercation with
Move seven years earlier, and that leadership was unwilling to risk any
officer’s life. “Fear is real regardless of how illegitimate it is, and police
felt that they are the wounded party.
“And
on the other side people have been beaten and arrested, who fear that the
justice system is rigged – not an unreasonable thing to think in 1985 or 2015.”
Eventually
police tried to break the siege by bombing the bunker, which they feared would
allow Move to fire on them with impunity.
“There
was a real opportunity there for cooler heads to prevail,” Osder said. “But
they decided it needed to be over.”
The
bomb missed and started a fire. Africa and Ward – then called Birdie Africa –
only fled the cellar an hour or so later when the fire had spread downstairs.
“That’s
when we tried to get our children, ourselves, our animals out of that inferno,”
she said, “but every time we tried to come out and we were hollering to come
out the police opened fire.”
Much
of what happened during the assault is disputed, including whether police shot
at people who were trying to flee the house, despite the review commission that
later investigated the disaster.
Officers
have since described the scene as one of surreal chaos. “There’s so much fire
and smoke,” former officer Jim Berghaier told Philadelphia Magazine. “We can’t
tell what’s gunshots and what’s windows popping.
“It
was like fantasy. Like he came out of fire,” Berghaier said, referring to Ward
stepping out through the flames barefoot.
Firefighters
refrained from dousing the blaze even as it spread to neighbors’ homes, a point
that outrages Africa still: “How is it they could pour 40,000lbs of water per
minute on us when there was no fire, but when there is fire all of a sudden
they can’t use it?”
Since
1985 it’s changed, absolutely. But progress? I don’t know. Keep on it
Taking
responsibility for the episode but declining to dole out specific blame, Goode
only said “there was a decision to let the fire burn”.
The
commission’s final report denounced the city from top to bottom. Police tactics
were “grossly negligent” at best, the report found, and outrageous at worst:
“Dropping a bomb on an occupied row house was unconscionable.” Police would not
have done so, the commission noted with only one dissenter, “had the Move house
and its occupants been situated in a comparable white neighborhood.”
Africa
was convicted on riot charges and served seven years in prison; in 1996 she and
other plaintiffs won a total $1.5m settlement from the city. Ward was placed to
his father’s custody and died in 2013 after years of therapy for the bombing
and his experiences with Move.
The
commission recommended grand jury investigations, but no one was ever
prosecuted. Goode was re-elected in 1987 and Rendell eventually became mayor.
Berghaier quit the force shortly after the raid.
Race,
class and the status of police and officials all came into play, Osder said,
noting the relatively high proportion of black officers in the force and that
Move’s black neighbors despised the group. “It’s absolutely about race every
single day of the week,” he said. “But there are other dynamics too. The
details matter, and you have to get into them.
“We
have echoes of Ferguson and Baltimore and haven’t solved these problems, but
every incident is unique. This country is very complicated. It’s certainly
better than it was 200 years ago, and than it was 100 years ago. Since 1985
it’s changed, absolutely. But progress? I don’t know. Keep on it.”
A
recent Justice Department review of Philadelphia’s use of force – requested by
current police commissioner Charles Ramsey in 2013 – found systemic, unresolved
deficiencies similar to those analyzed by the Move commission in 1986, said
Greg McDonald, the attorney who was deputy director and legal counsel for the
commission.
“I
was struck how many DoJ recommendations were right out of the assessments from
the commission, and not just the police but the city government and services,”
McDonald said, listing some shared findings: “Federal authorities supplying
military equipment to urban police departments, the lack of preparation and
training.
“We’ve
got a lot of real tinderboxes in large cities now. Move was certainly not a
normal neighborhood problem, but the police reaction to it was so overdone that
it reminded me of the way that police actions taking place at a much smaller
scale are also overreactions.”
Subscribe to:
Posts (Atom)




































.jpg)













