Why don't we just buy a police uniform for Fairfax Commonwealth’s Attorney Raymond F. Morrogh and get on with it?
Fairfax prosecutors back off on
calling police shooting victim’s daughter to grand jury
By Tom Jackman
In response to concerns raised by her
family, the teenaged daughter of a man shot dead by a Fairfax County police
officer in 2013 will not be called by prosecutors to testify before a special
grand jury, which will begin its investigation in the Fairfax courthouse on
Monday. But she will remain under subpoena and could still be called if the
grand jurors seek her testimony, the family’s lawyer said Thursday.
John B. Geer, 46, was standing in the
doorway of his Springfield townhouse on Aug. 29, 2013, when he was shot dead by
Officer Adam D. Torres. Fairfax Commonwealth’s Attorney Raymond F. Morrogh has
subpoenaed about 20 witnesses to appear before a special grand jury which will
decide whether to indict Torres, including police officers who saw the
shooting, Geer’s longtime girlfriend Maura Harrington, and their 19-year-old
daughter Haylea Geer.
Haylea Geer did not witness the
shooting, which occurred after a 42-minute standoff between Geer and the
police. But she did see Geer’s behavior prior to the police arrival, when Geer
was tossing Harrington’s belongings out of the house, police reports show. And
reports show she also told detectives immediately after the shooting that her
father could be abusive when drinking and had once put a gun to her mother’s
head, which Harrington said was false.
[Family slams subpoena of John Geer’s
teen daughter to Fairfax grand jury]
Harrington and her attorney, Michael
Lieberman, were outraged that Haylea Geer was subpoenaed to testify, and Lieberman
sent a letter to Morrogh asking that he reconsider. Morrogh responded with a
letter Thursday saying that Haylea Geer would not have to appear when the grand
jury begins hearing testimony Monday, so long as she was available on another
date if the grand jurors themselves request her.
“The grand jury, itself,” Morrogh
wrote, “can subpoena any person who they deem necessary to their deliberations.
At the outset, it is my duty to begin the process by issuing subpoenas to the
primary witnesses to the events in question. I have done so. At this point I
cannot anticipate what the scope of the grand jury investigation will be.”
Morrogh wrote that he could not
recall the subpoena to Haylea Geer, but would not ask her to testify, though
the grand jury still might.
Lieberman said he was glad to learn
of Morrogh’s decision. “We appreciate the courtesy,” Lieberman said, “and we
don’t think she should ever have to appear. She did not see the incident where
Torres intentionally shot her father.”
John Geer, having learned that
Harrington was moving out of their Springfield home of 24 years, had begun
throwing her belongings outside while their two daughters, then 17 and 12,
watched and then called their mother. Harrington returned home from work and
when Geer continued to toss her items around, she called 911. Torres and
Officer David Neil responded, Geer retreated behind his screen door and,
according to Torres, showed the officers a holstered pistol. Neil and Torres
drew their weapons, and soon Officer Rodney Barnes arrived and began a
40-minute conversation with Geer before Torres suddenly fired one round into
Geer’s chest.
Police reports show Torres claimed
that Geer had suddenly jerked his hands to his waist. Barnes and three other
officers, plus Geer’s father and best friend, all said Geer had his hands near
his head, their statements show.
“John stood there for 45 minutes with
his hands above his head,” Lieberman said, “speaking calmly with Officer
Barnes, saying he didn’t want to die that day and then he was shot in the
chest. Haylea doesn’t have anything to add to that…It is not the job of a
prosecutor to put on a witness that is helpful to the defense. And hopefully,
that’s not where they’re going.”
Morrogh declined to comment on the
letter Thursday. Torres remains on the force, on desk duty, and has not faced
any internal discipline either, though an internal affairs investigation began
in September 2014. Fairfax settled the family’s civil suit in April for $2.95
million.
Tom Jackman is a native of Northern
Virginia and has been covering the region for The Post since 1998.
Body cameras and a new , progressive cheif
This, this report, dreamt up by
Sharon “Show me the money” Bulova, is a toothless tiger all done for show at
the expense of good and well-meaning people.
The cops aren’t required to do
anything this report recommends nor will they do anything recommended in this
report.
Look, this is very simple. Put
body cameras on the idiots, fire the chief of police and bring someone in from
way, way, way outside the beltway to run things. Problem solved.
Report: Fairfax police need ‘real
change — now’ in public communications
By Tom Jackman
A committee assigned to examine
how the Fairfax County Police Department communicates with the public has
issued a blunt report which pulls no punches: “Real change is needed — now,”
the report says, criticizing the police for their “lip service to the idea of
transparency” on both breaking incidents and routine information requests.
“It is well past time for the
Fairfax County Police Department to start providing timely, honest and
effective communications with everything it does,” the new report declares. “We
deserve nothing less.”
The report was issued by one of
five subcommittees formed within the Ad Hoc Police Practices Review Commission,
formed by Fairfax Chairman Sharon Bulova in March after public outcry over the
lack of information or movement in the still unresolved police shooting of John
Geer in Springfield. Geer was shot and killed by Officer Adam D. Torres in
August 2013 as he stood unarmed in the doorway of his home, but police refused
to discuss the case or even disclose the officer’s name until January 2015,
after Geer’s family sued Fairfax police Chief Edwin C. Roessler Jr. for
wrongful death. A special grand jury is scheduled to begin hearing testimony on
the case Monday.
In addiion to the Ad Hoc
commission, an analysis of the Fairfax police’s use of force policies by the
Police Executive Research Forum — requested by Roessler before the Geer
shooting, but not launched until July 2014 — resulted in 71 recommended changes
to the policies, and Roessler said he would make 70 of them. The changes are
not drastic, but one in particular could be transformative: A suggestion that
Fairfax not begin its training of new recruits with the mechanics of firing a
gun, as it does now.
“PERF believes it is important to
change this approach,” executive director Chuck Wexler wrote. “The first days
and weeks of recruit training should focus on the most significant issues,
concepts and values of policing in a democratic society,” to include the role
of police in protecting constitutional rights, the sanctity of human life,
use-of-force policies and crisis intervention strategies.
Wexler presented the report to
the Ad Hoc commission last month, even though it has its own “Use of Force”
subcommittee devising its own report. The following week, at the subcommittee’s
meeting, Roessler said he embraced the PERF report, which also calls for
revamping the way officers decide whether to use force and increasing the
number of officers trained to deal with mentally disturbed subjects. Lawyer and
commissioner Joseph Cammarata asked the chief whether he would do more than
just issue new directives, but actually provide direct training on the new
approaches.
“Will you be retraining everybody
on use of force?” Cammarata asked.
“I have to. Yes,” Roessler said.
In addition to use of force, the
Ad Hoc commission is focusing on four other areas: communications; mental
health and crisis intervention training;recruitment, diversity and vetting; and
independent oversight and investigations. All five subcommittees are to submit
reports and recommendations to the full 34-member commission, for presentation
to the Board of Supervisors on Oct. 1, and the communications committee weighed
in first with a powerful analysis and detailed recommendations to overhaul the
way Fairfax police communicate with their community.
“Communications in recent high-profile
use-of-force and critical incident cases were mishandled, inadequate and
untimely” the report states, “leading to loss of public trust and questions
about the legitimacy of police actions…If the department had policies that
fostered real transparency, it’s unlikely the controversies in recent years
would have lasted so long and there likely would not have even been a call to
form this commission.”
The committee calls on the Board
of Supervisors to “insist on policies that lean toward releasing information as
soon as possible,” whether in daily communications, during a significant event
or in a Freedom of Information Act request, which it says the police have a
“blanket approach” of rejecting records requests whenever legally able to do
so. “There must be significant change coming from the leadership of the county
and the Fairfax County Police Department,” Fitzgerald’s committee wrote.
Among the specific
recommendations, the committee urges police to release the names of officers
involved in shootings within a week, saying the national average is two days,
and to immediately release all video and audio recordings if a citizen is
killed. The committee also calls on the police to shorten the current 6-20
month timeframe to internally investigate officer-involved shootings and be
responsive to questions from the public and news media. In the Geer case, the
Fairfax police rejected numerous requests for the name of the officer and only
released it after it was ordered provided to Geer’s family by a judge, 16
months after the shooting. The internal investigation of Torres remains open 10
months after it was begun.
Virginia’s Freedom of Information
law allows law enforcement agencies to withhold any information in a “criminal
investigative file” indefinitely, though it has the discretion to release it as
well. Fairfax police, with the guidance of the Fairfax County attorney, have
long rejected all requests for police reports of any type. Earlier this month,
longtime deputy county attorney Peter D. Andreoli Jr. advised Fitzgerald’s
committee that if they wanted to change that approach, they should go to
Richmond and change the law.
The committee ignored that suggestion.
Instead, they called on the Board of Supervisors to “publicly adopt a
resolution…to revisit FOIA laws with an eye toward expanding instead of
limiting the public release of information related to police-involved shootings
and other police practices and procedures related to official police
activities…changing the current policy of automatically withholding all exempt
records.”
Roessler read the report and
said, “I don’t have a negative reaction to this. Some of the items we have been
implementing already,” such as seeking to hire a permanent civilian spokesman,
rather than a rotating police commander, and starting to shift the officer
handling FOIA requests from the internal affairs unit to the public information
office.
Roessler said he appreciated the
feedback from members of the community and wanted to keep them active and
available to advise him after the Ad Hoc commission formally disbands. The
communications report suggested the Board of Supervisors hold community forums
every six months starting next year to review the progress Fairfax police are
making on the commission’s recommendations, and Roessler said he agreed with
that.
Fitzgerald, who was the county’s
main spokesperson for 14 years until her retirement last year, said, “Mistakes
have been made. So moving foward, the easier part will be to change things like
policies, procedures, staffing. The harder part will be changing the culture.
And to get the culture of transparency we deserve and want to see is going to
make some people uncomfortable.”
Can the Fairfax police change a
culture where the tendency is often to release the least amount of information
possible? “I understand what they’re saying,” Roessler said. He said he was
pushing for a greater presence in social media and quicker release of breaking
news. Both he and Fitzgerald noted that the police have provided vast amounts
of data and cooperation to the Ad Hoc commission.
But what about releasing actual
police reports, virtually never done now? “I’m considering a change,” Roessler
said. “There’s got to be more dialogue about how we respond to this. This is a
national dialogue, and the profession needs to change. I need to help this
department change. This is the community’s voice and I need to actively listen
and implement where I can.”
After the commission compiles the
five committee reports and submits a full report to the Board of Supervisors on
Oct. 1, the police will have about three weeks to prepare a detailed response
on how they plan to handle the report’s recommendations. The supervisors’
public safety committee will then have a rare meeting on Oct. 27, a week before
Election Day, to discuss what they will ask the police to implement.
Do the police have to do the
supervisors’ bidding? “I report to them,” Roessler said. “They can work with me
to direct policy changes. That’s their prerogative, and they’re my employer. I
don’t see any conflict with getting these recommendations in place.”
The commissioners on the
communications subcommittee, chaired by Fitzgerald, are Deputy Chief Tom Ryan,
police assistant spokeswoman Lucy Caldwell, current county spokesman Tony
Castrilli, lawyers Doug Kay and Eric Clingan, Connection newspapers publisher
Mary Kimm, former WUSA-9 reporter and current blogger Dave Statter, Tim
Thompson and Daniela Cockayne from the county’s federation of citizens
association and police homicide Det. John Wallace. Non-commissioners also
serving are Darryl Drevna, Patrick Smaldore, Brennan Murphy, Jose Santos and
Darryl Dennis.
New Report Finds American Taxpayers Have Paid More Than $1B in Five Years for Police Misconduct Cases
So lets see now, the cops break the law and kill people and the people pay for it while cop gets away without paying any money or having money taken from their budgets and never get arrested...ITS GOOD TO SEE FAIRFAX COUNTY IS IN STEP WITH THE REST OF THE COUNTRY.
Bad
policing has cost American taxpayers more than $1 billion, according to a
report by The Wall Street Journal. WSJ reporters Zusha Elinson and Dan Frosch
conducted an in-depth study of public records and found the cost of settling
police misconduct cases has almost doubled over a five-year period.
“The
10 cities with the largest police departments paid out $248.7 million last year
in settlements and court judgments in police-misconduct cases, up 48 percent
from $168.3 million in 2010, according to data gathered by The Wall Street
Journal through public-records requests,” reported the WSJ. “Those cities
collectively paid out $1.02 billion over those five years in such cases, which
include alleged beatings, shootings and wrongful imprisonment.”
Ultimately,
taxpayers end up footing the bill for these settlements. Cities either pay the
legal costs by self-insuring, with the money coming from city funds, or the
cases are handled by insurance companies. But just like car insurance, the more
claims filed, the higher the premium. However, officers rarely end up paying
out of their pockets for bad behavior. Notorious Maricopa County Sheriff Joe
Arpaio has managed to fend off several decades of lawsuits, because the county
picks up the tab. The Arizona Republic reported lawsuits against the Maricopa
sheriff’s department have cost the county $44 million. And that’s one of the
reasons why Arpaio stays in office. The minute he retires, he becomes
responsible for the legal costs, according to a Salon article.
Of
all the the cities tracked by the WSJ, New York had the costliest police
department, racking up $601.3 million in legal costs over five years. Payments
for settlements and judgments jumped from $93.8 in fiscal year 2013 to $165
million in 2014, reported the WSJ. The city recently paid the family of Eric
Garner, who was choked to death during an altercation with Staten Island
police, a $5.9 million settlement.
Sometimes
incidents of police abuse are so blatant municipalities want to settle the
cases quickly to stop bad publicity. The County of San Bernardino took two
weeks to pay Francis Pusok $650,000 after a news helicopter captured sheriff’s
deputies kicking and punching him. Pusok didn’t even have time to file a
lawsuit before he received a cash settlement
It'll be a cold day in hell when this happens in Good Ole Boy Fairfax County
Police in Prince William prepare
to use body cameras
By Victoria St. Martin July
19
If all goes according to plan, by
next summer, Prince William County police officers will be wearing not only
uniforms and bulletproof vests, but also body cameras.
Before officers don devices that
could record each traffic stop or arrest, the department teamed with Fairfax
County police to see exactly what’s out there.
“This is new technology. It’s
evolving,” said Lt. Javid Elahi, the Prince William County Police Department’s
information technology manager. “There’s a lot of pieces that go to this — it’s
not just as simple as buying a camera and turning it on. You need to have
policy, you need to have infrastructure, you need to have people to manage it.”
To put to rest questions such as
how body cameras weigh and feel, the two departments hosted an expo in
Chantilly last week with about 35 vendors. Organizers said hundreds of police
departments from near and far registered, including those in the District and
Montgomery County.
Sgt. Kim Chinn, a Prince William
police spokeswoman, said the two-day expo was all about research.
“It’s new technology that we’re
all going to have to get comfortable with, and I think there’s anxiety as well
as the feeling that we may need this to protect ourselves, so there will be
quite a learning curve,” Chinn said.
“It’s not like you go out and
just buy a new car,” she added. “There’s so much that goes with it — all the
backup, the storage, the retrieval, the managing, the randomly pulling tapes,
pulling them for court, things like that. It’s a huge project.”
And it’s a project Prince William
police said they are ready to tackle.
In April, county officials
approved a $3 million plan to equip 500 of the department’s officers with the
technology.
“My preference for body cameras
is they go more places and see more interactions,” Police Chief Stephan Hudson
said after the action.
Criminologists, police
accountability advocates and officers say body cameras are beneficial because
they provide a video record of interactions with the public. After last
summer’s shooting of 18-year-old Michael Brown in Ferguson, Mo., police
departments across the nation began examining their camera policies.
Prince William plans to kick off
a pilot program with 35 cameras by next year, said Tom Pulaski, who oversees
the department’s technical services division.
At the expo, Capt. Todd Jones of
the Virginia Beach police examined the types of body cameras.
“We want to research thoroughly
and make as educated a guess as we can,” said Jones, who added that his
department has been examining the technology for three years. “Every time we
answer one question, we uncover three or four or 10 more.”
Tod Burke, a criminal justice
professor at Radford University and a former police officer in Ocean City and
Howard County in Maryland, said that when it comes to the issue of body
cameras, throwing money at the problem won’t solve it.
“That’s like throwing a Band-Aid
on a hemorrhage,” he said. “You have to have policies in place with proper law
enforcement training and, certainly, community education.”
Burke said policies should
address sensitive situations, such as a domestic dispute — would the camera be
on or off? Also, he noted, the technology raises concerns about witnesses and
informants, and officer safety issues.
“You want to be able, as a police
officer, to react to a situation,” Burke said. “You don’t want [them] to have
to worry about, ‘Am I being recorded? Is something that I’m reporting going to
be used against me?’ That type of thing. You don’t want them to hesitate.”
Burke said that cameras can’t
prevent situations but that they can aid authorities, adding that early
statistics show that departments with officers who wear body cameras have fewer
incidents of police and citizen misconduct. And the video could help bolster
eyewitness identification, said Burke, who usually conducts a class exercise
that he says highlights the problems that arise when relying on witnesses
alone.
He said he tells his class, “ ‘Okay, you’re a
police officer, you’re giving a broadcast — be on the lookout for a white,
black, Hispanic, transgender person, who is anywhere between 5-foot-5,
6-foot-3, 135 to 200 pounds,’ and they start laughing,” he said. “It’s not that
[witnesses are] lying; this is really what they thought they saw.”
Burke said when it came to
witnesses and Ferguson, there was a question of whether Brown had his hands up
just before the shooting.
“Perception really does make a
difference,” Burke said. He pointed to an investigation that later concluded
that Brown’s hands probably were not raised. “The advantage of having a body
camera at that time, that would have been answered.”
Its called blaming the victim.................
Nine minutes of obfuscation
By Editorial Board July 19
FOR NINE FULL MINUTES of a video
released last week, Fairfax County Police Chief Edwin C. Roessler Jr. stared
into a camera and delivered a bland recap of the in-custody death of Natasha
McKenna, the 37-year-old woman who died Feb. 8 after sheriff’s deputies at the
county jail shot her four times with a Taser stun gun. And for nine full
minutes, Mr. Roessler, who announced the police investigation is finished,
managed to reveal absolutely nothing.
Mr. Roessler did so while at the
same time impugning Ms. McKenna, who was mentally ill, as a “combative” woman
who refused commands and resisted removal from her cell. As if her death were
her own fault.
Mr. Roessler was content to
characterize her conduct but had virtually nothing to say about the conduct of
the six jail guards who struggled with her. He mentioned neither the Taser
company’s own warnings that repeated jolts may cause death; nor that Ms.
McKenna was shot after she had been handcuffed; nor that the guards — kitted
out like a SWAT team to subdue a 130-pound woman — appeared to have no training
with de-escalation, which experts recommend in the event of confrontations with
mentally ill people.
Mr. Roessler acknowledged that a
video, shot by jail personnel, exists of the struggle between the guards and
Ms. McKenna. But he offered no rationale for why the police have not released
it. (They say it is “evidence,” as if that is an explanation; it isn’t.)
Mr. Roessler divulged neither the
names nor the ranks nor the race(s) of the deputies who subdued Ms. McKenna,
who was black. Nor did he offer any explanation of why that information — which
has been released in other deaths at the hands of law enforcement officers
around the country — is being kept secret in Fairfax.
Mr. Roessler’s presentation, a
rehash of information reported by this newspaper and other news outlets months
ago, was little more than an exercise in obfuscation. Why couldn’t six guards
in an elite unit subdue a petite woman without shooting her repeatedly with a
stun gun?
Mr. Roessler didn’t say. What was
the sequence of events that led to Ms. McKenna becoming so agitated that a
struggle broke out in her cell?
Mr. Roessler didn’t say.
The history of the McKenna case
is one of official stonewalling accompanied by empty paeans to openness. At
first, Sheriff Stacey A. Kincaid, whose office runs the jail, vowed
transparency — after which she released no significant information. Then, Mr.
Roessler said the police were committed to candor — and, at the conclusion of
the police investigation, delivered nothing of the kind.
Now the case has been turned over
to the chief prosecutor in Fairfax, Commonwealth’s Attorney Raymond F. Morrogh,
whose office has never charged a police officer, let alone a jail guard, in the
death of a civilian. Whether or not
Mr. Morrogh decides to bring
criminal charges, it is critically important that he deliver a much fuller
accounting to the public of the circumstances leading to Ms. McKenna’s death —
including release of the video — than the sheriff and police have managed.
‘Come Back When You’re Dangerous’: How Police Are Failing The Mentally Ill
Rather than providing the
mentally ill with an opportunity to see a mental health professional, one
expert says, “We say, ‘Come back when you’re in a crisis. Come back when you’re
dangerous.’”
By Sean Nevins
WASHINGTON — Natasha McKenna
was killed in February by a Special Emergency Response Team officer at the
Fairfax County Adult Detention Center in Virginia. She had been shot four times
with a taser while her hands were cuffed behind her back, her legs shackled,
and a mask secured to her face to prevent her from spitting.
The Washington Post reported
that her last words were, “You promised you wouldn’t hurt me!”
The Fairfax County Police
Department released the findings of an investigation into the death of the
37-year-old woman on Monday. Video of the incident has not been released to the
public.
The official cause of death, as
reported in April by the FCPD, is: “Excited delirium associated with physical
restraint including use of conductive energy device.” Schizophrenia and bipolar
disorder are also listed as contributing causes.
The official “manner” of death,
however, is ruled an “accident” in the autopsy report.
In other words, the SERT
officer accidentally killed McKenna, who is survived by a 7-year-old daughter.
This seems typical for the way
that black and brown people are treated by law enforcement in the United States
– unarmed persons are killed, and the offending officers walk away with, at the
most, a slap on the wrist.
Matthew Fogg, a retired chief
deputy for the U.S. Marshals Service, agrees.
“As a Marshal and having
handled prisoners, thousands of prisoners, in my career, this seems like it was
an unnecessary use of force,” Fogg, who has no professional connection to
McKenna’s case, told MintPress News. “You’re talking about a female here, only
130 pounds, and you’ve got her restrained, and you’re tasing her!”
“Why so much force?”
McKenna’s situation was
compounded by her mental health issues, according to Pete Earley, a former
reporter for The Washington Post and author of “Crazy: A Father’s Search
Through America’s Mental Health Madness,” a book about his son’s experiences
with mental illness and the failings of the criminal justice system.
“This is a woman who had a long
history of mental illness. She got into an argument at a car rental place, the
police showed up, [and] she became belligerent,” Earley told MintPress.
“They did what they thought
would be a mercy arrest, took her to a hospital where apparently she did not
get any decent care, and in the process she was charged with assault… and ended
up with a felony [charge] just like my son,” Earley continued, explaining the
sequence of events that led to McKenna’s jailing.
On Jan. 25, McKenna was
arrested after calling police to report that she had been assaulted. While
police were investigating her complaint, they discovered a warrant for
McKenna’s arrest for assaulting an officer in neighboring Alexandria, Virginia.
The Alexandria incident is the
“mercy arrest” Earley referred to, which occurred on Jan. 15. Five days later,
on Jan. 20, a warrant was issued for her arrest.
While it is unclear what
happened during the initial interaction with Alexandria police, it does seem
like McKenna was experiencing some kind of episode associated with her mental
illness because police took her to the hospital rather than jail, reported
WUSA9, a CBS affiliate in Washington, D.C.
Earley believes the assault
charge could have been baseless. “She was charged with assault, and that could
be everything from not obeying a policeman’s orders to just walking away,” he
explained.
Fogg backed up this analysis,
telling MintPress that part of his training as a U.S. Marshal was that people
should be charged with assault if a Marshal has to put his or her hands on them
in any way.
“If you’ve got to put your
hands on somebody – that’s the first thing you do: you charge them with assault
so that they can’t come back and try to sue you,” Fogg explained.
‘That’s just outrageous’
According to the National
Alliance on Mental Illness, “In a mental health crisis, people are more likely
to encounter police than get medical help.” Indeed, the organization continues,
2 million people with mental illnesses are booked into jails each year.
Further, Human Rights Watch
released a report in May, which reports that it is common for staff in jails
and prisons across the country to use unnecessary, excessive, and malicious
force against prisoners with severe mental health issues, including
schizophrenia and bipolar disorder.
The report, “Callous and Cruel,”
states:
“Corrections officials at times
needlessly and punitively deluge them with chemical sprays; shock them with
electric stun devices; strap them to chairs and beds for days on end; break
their jaws, noses, ribs; or leave them with lacerations, second degree burns,
deep bruises, and damaged internal organs. The violence can traumatize already
vulnerable men and women, aggravating their symptoms and making future mental
health treatment more difficult. In some cases, including several documented in
this report, the use of force has caused or contributed to prisoners’ deaths.”
The report explains that staff
are often authorized to use force against inmates when an inmate’s behavior
threatens the immediate security of officers and other inmates, and other
efforts have been made to secure the compliance of an inmate.
However, HRW noted that many of
the incidents in their investigation were non-threatening in nature, so the
abuse meted out against inmates may constitute torture, cruel, inhuman, or
degrading punishment, according to international human rights prohibitions.
Pete Earley argues that Natasha
McKenna should have never been taken to jail: “When the officers came, they
should’ve had what they call a Crisis Intervention Trained (CIT) police
officer, who’s somebody’s who’s undergone 40 hours of training to understand
the difference between mental illness and someone just being a trouble-maker.”
If law enforcement had more
humane mechanisms in place for handling people with mental illness, McKenna
would have been brought to what’s called a drop-off center, where she could
have been evaluated by a mental health professional and an appropriate
treatment program could have been recommended.
Earley told MintPress:
“This thing could’ve been
avoided. It’s very startling that if you look at the picture of Natasha McKenna
that we put up where she’s booked into jail. She’s not some wild-eyed person in
the midst of psychosis. She’s smiling, and that’s a contrast to someone who
gets held down and repeatedly tasered when they’re in a controlled environment,
when they’ve already had leg irons attached, when already been hanged up.”
He added: “I mean, that’s just
outrageous.”
Reverting back to colonial days
Echoing the National Alliance
on Mental Illness report, Pete Earley told MintPress it’s more common for
people with mental illnesses to encounter police than get treatment because of
the backward nature of how today’s system treats people with severe mental
health issues.
Indeed, the way in which the
mentally ill are imprisoned and sometimes abused is similar to the situation in
colonial America, when there was an official policy to imprison the mentally
ill, according to the Treatment Advocacy Center, a nonprofit organization that
promotes laws, policies, and practices that give timely and effective treatment
to the mentally ill.
“As early as 1694, legislation was passed in
the Massachusetts Bay Colony authorizing confinement in jail for any person
‘lunatic and so furiously mad as to render it dangerous to the peace or the
safety of the good people for such lunatic person to go at large,’” according
to a 2014 TAC survey of how mentally ill people are treated in jails and
prisons across the U.S.
A growing movement of activists
in the 1820s and 1830s influenced a new set of legislation to confine people in
psychiatric wards instead of prisons because of the inhumane ways in which they
were often treated.
“Thus, for approximately 100
years, the problem of mentally ill persons in prisons and jails appeared to
have been solved. These individuals were treated as patients, not as criminals,
and were sent to mental hospitals for treatment,” states the TAC report.
But, starting in the 1960s,
de-institutionalization marked a massive shift in this policy. The severely
mentally ill were transferred from state institutions, and those institutions
were closed. This process has been called “one of the largest social
experiments in American history” — and it’s one that has clearly failed individuals
with mental illness.
The TAC report concludes:
“[I]t has been known for almost
200 years that confining mentally ill persons in prisons and jails is inhumane
and fraught with problems. The fact that we have re-adopted this practice in
the United States in recent years is incomprehensible. Prison and jail
officials are being asked to assume responsibility for the nation’s most
seriously mentally ill individuals, despite the fact that the officials did not
sign up to do this job; are not trained to do it; face severe legal
restrictions in their ability to provide treatment for such individuals; and
yet are held responsible when things go wrong, as they inevitably do under such
circumstances. This misguided public policy has no equal in the United States.”
‘It’s not illegal to be crazy’
Matthew Fogg, the retired U.S.
Marshal, told MintPress that the present state of indifference toward black and
brown people by law enforcement in the U.S. is systemic.
“When it comes to
African-Americans and people of color,” Fogg said, “I’ve seen excessive force
used in extraordinary ways that you just don’t see on people of non-color,
white.”
The only options he sees for
exposing and tackling this pervasive attitude include community action and the
various movements springing up across the country. People are standing up to
law enforcement and saying, “We’re no longer going to be treated this way. If
you’re outside the bounds of the law, we want to expose you to be prosecuted,”
he said.
This kind of public awareness
is also what’s needed for the systemic issues with law enforcement’s handling
of the mentally ill to be addressed. Earley told MintPress the current
situation drives the families of the mentally ill to take desperate measures to
secure treatment for their loved ones.
“A family knows that they have
to wait until somebody becomes dangerous because that’s the threshold,” he
said. “You have to be dangerous. It’s not illegal to be crazy.”
“So they’ll wait or they’ll
agitate the person. The person will react by maybe pushing the father. They’ll
call the police. The police will come. Then the person gets arrested, and then
they’re told they can’t go home. And then they release them into jail. And so
all you’ve done is made a situation worse.”
Earley’s son, Mike, has been
hospitalized five times to date, and during one crisis Mike became violent.
Earley called the police, and when they came, they shocked his son with a taser
twice. “This is just an example of how difficult it is to get anyone decent
care in this country,” he said.
To combat malicious treatment
of the mentally ill, like Natasha McKenna and his own son, Early suggests
improving community-based services for the mentally ill, widening access to the
mental health care system, and changing the criteria that allows the mentally
ill to seek help.
“What happened was we closed
down all the state hospitals and promised to use that money to help people in
communities, but that didn’t happen,” he said, referring to the process of
deinstitutionalization, which was supposed include mechanisms to bolster
community-based services but never did.
Earley says it’s extremely
difficult to gain access to mental health care — and this has got to change. “I
couldn’t get in it,” he said. “I couldn’t get my kid in it until he became
violent.”
Finally, he explained that the
criteria used to assess whether a person can be treated need to be changed.
“We also need to look at
first-time breaks,” he urged. “Most people who have a mental illness are
confused the first time [they realize they’re having a mental health crisis]
and are willing to see a doctor, and that’s the best time to try and engage
them.”
“We don’t do that. We say,
‘Come back when you’re in a crisis. Come back when you’re dangerous.’”
Just when you think the fairfax county police can't sink any lower they pull this stunt
Family slams subpoena of John
Geer’s teen daughter to Fairfax grand jury
By Tom Jackman July 13
As the special grand jury
investigating the Fairfax County police shooting death of an unarmed Fairfax
County man in 2013 prepares to meet later this month, prosecutors have
subpoenaed one of the man’s teenage daughters, prompting fears from her family
that her testimony will be used to disparage John Geer in front of the jury.
The teen did not witness the shooting but made comments about her father’s
temper and drinking immediately afterward that her mother says were irrelevant
and untrue.
The officer who killed Geer,
Adam D. Torres, remains on the job and has not faced internal discipline or
criminal charges since the shooting 22 months ago. Commonwealth’s Attorney
Raymond F. Morrogh launched the special grand jury to determine whether Torres
should be charged with a crime.
A police internal affairs
investigation that began in September 2014 is not complete, and Chief Edwin C.
Roessler Jr. said he could not comment on when it would be concluded.
Geer’s longtime girlfriend,
Maura Harrington, with whom Geer had two daughters, said she was not surprised
to receive her subpoena to the grand jury but was stunned when a detective presented
one for her now 19-year-old daughter, Haylea Geer.
“Why does she have to relive
this in front of the grand jury?” Harrington asked in an interview last week.
“What purpose does it serve?”
Undated photo of John B. Geer
with his daughters Haylea and Morgan. (Photo by Maura Harrington)
Harrington and her daughters
were in a neighboring townhouse in the Springfield section of Fairfax County
when Geer was shot and killed. After he was shot, Geer stumbled into his home
and closed the front door. When a SWAT team found Geer dead nearly an hour
later, homicide detective Robert Bond was assigned to speak to Harrington and
the girls and make formal notification of Geer’s death.
The younger daughter, Morgan,
was too upset, but Haylea agreed to go with Bond, Harrington said. “I thought
they were just going to tell her what happened,” Harrington said. “It just did
not occur to me that they were actually questioning her. She didn’t know she
was being tape-recorded. I didn’t know they were doing that.” It wasn’t until
more than halfway through the conversation, attorney Michael Lieberman said,
that Bond told Haylea that her father was dead.
According to Bond’s report,
Haylea told him that “her dad is mean to her mother” and that Geer had once put
a gun to her mother’s head. Haylea also said that her father “drinks a lot,”
but “she didn’t think her dad was drinking today,” Bond wrote.
Harrington said the claim about
the gun to her head was false. She said that she, too, did not think Geer had
been drinking that day.
“Whatever happened in their
house,” Lieberman said, “how is that relevant
to why Torres pulled the
trigger over an hour later? Is this going to be a fair replay of that day, or
are they just going to be in there trying to destroy John?”
Morrogh said that Haylea Geer
had witnessed events prior to the arrival of police. “As far as the information
regarding Mr. Geer’s background goes,” Morrogh said, “under Virginia law
evidence of the turbulent character of a decedent is admissible in evidence
whether the defendant is aware of the decedent’s turbulent character or not.
The rationale is that the prior character of the decedent is admissible to show
who was the aggressor in the situation.”
Morrogh noted that in many
cases he has tried, “defense attorneys spend a good part of their efforts
trashing decedents on all sorts of background information which is considered
exculpatory material.”
John B. Geer. Killed by Fairfax Officer Adam
D. Torres in August 2013. No charges or internal discipline have been filed
against Torres but a special grand jury is about to begin investigating. (Photo
by Jeff Stewart)
Last month, Morrogh said that
he had subpoenaed about 20 witnesses to the special grand jury. Fairfax police
declined to discuss which officers had been called to testify, and whether
Torres will appear before the grand jury could not be determined. His attorney,
John F. Carroll, did not return a message seeking comment.
[John B. Geer had hands up when
shot by police, four officers say in documents]
Fairfax prosecutors rarely use
special grand juries, which are empaneled to hear evidence on one case only,
and prosecutors typically do not invite the subject of a grand jury
investigation to testify.
On the afternoon of Aug. 29,
2013, Harrington came home to the family’s townhouse on Pebble Brook Court to
find Geer tossing her belongings out of the house, in response to the news that
Harrington was moving out.
Torres and Officer David Neil
were dispatched to the domestic disturbance call. When they arrived, Geer and
Harrington were speaking in front of the house with their daughters, then 17
and 13, nearby. Geer knew Harrington had called the police, and when he saw the
officers he turned and walked into the house.
Harrington said she never saw
Geer with a gun, as Torres has told investigators, and that she never told
police Geer was considering “suicide by cop,” as an officer radioed to
colleagues during the 42-minute showdown before Torres suddenly fired one fatal
shot. Police photos show a holstered gun on the landing near Geer’s body.
Harrington said she was told
that prosecutors wanted to review her daughter’s “taped statement” given
moments after her father’s death, and they were told the purpose of the
conversation was for Detective Bond to make notification of the death, not to
do an investigation of Geer’s background.
Harrington said: “I want to
have confidence in the commonwealth’s attorney. I want this to be done fairly.”
In April, Fairfax County agreed
to pay Haylea and Morgan Geer $2.95 million to settle their civil suit.
Tom Jackman is a native of
Northern Virginia and has been covering the region for The Post since 1998
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