California Attorney General Doubles Down On Threatening Journalists For Possessing Convicted Cops List

from the I-guess-the-Constitution-only-protects-bad-cops dept

California Attorney General Xavier Becerra has decided there's too much First Amendment in his state. First, he ignored clarification provided directly to him by the author of the state's new public records law to declare past police misconduct records off limits. Claiming the question of retroactivity was still open, Becerra denied public records requests seeking documents created prior to January 1, 2019.

His next potshot at the First Amendment occurred shortly thereafter. Journalists from UC Berkeley received a list of convicted California police officers in response to a records request. The list covered 10 years of convictions and contained 12,000 names. At this point, the journalists have not published the full list. But they have been vetting the list to prep for publication.

That's where AG Becerra stepped in. He told the journalists it was illegal for them to possess "confidential information" they obtained lawfully through a public records request. He's wrong, of course. It is not illegal to possess documents received via public records requests even if the government entity has mistakenly sent you the wrong documents.

As for the "confidential" claim, any convictions would already be public records, seeing as prosecutions are handled by the state's court system. What the list does is provide one-stop shopping for bad cops, which is what law enforcement agencies are doing when they run applicants against this list.

So far, only three officers' names have been published. AG Becerra is trying to ensure those three names are the only ones the public will ever see. If the First Amendment needs to be damaged to protect bad cops, that's a sacrifice he's willing to make.

In a statement provided to Freedom of the Press Foundation on Wednesday, a spokesman for the California Department of Justice doubled down on the contention that the journalists are breaking the law:

“The UC Berkeley Investigative Reporting Program is not an entity permitted to possess or use this confidential data. The UC Berkeley Investigative Reporting Program chose to publish the confidential information of Californians despite being alerted by the Department of Justice that doing so was prohibited by law.”

The AG's office is still threatening the reporters with criminal charges simply for possessing the list. But even if the journalists publish the list in full, it's unlikely any court will support Becerra's decision to pretend the First Amendment doesn't exist. Both the act of requesting public records and the publication of obtained records are protected speech. AG Becerra has nothing to work with here, but he's publicly demonstrating his willingness to do whatever it takes to protect the state's bad cops.

Worse, he's doubled down. When AG Becerra was asked for clarification by the Freedom of the Press Foundation, he had this to say:

“We always strive to balance the public’s right to know, the need to be transparent and an individual’s right to privacy. In this case, information from a database that’s required by law to be confidential was released erroneously, jeopardizing personal data of individuals across our state. No one wants to shield criminal behavior; we’re subject to the rule of law.”

If Becerra has a problem with "jeopardizing personal data," the only action he should be taking is against the government entity that (supposedly) breached the law by releasing it to reporters. Becerra's nod to "rule of law" is especially rich. The Constitution is part of the "law" Becerra professes allegiance to. But it's clear he'd rather cover up for his cop buddies than respect the parts of the law that restrain his ability to punish people for protected speech.

Filed Under: 1st amendment, california, foia, journalism, police misconduct, public records, reporting, transparency, xavier becerra

Author Of California's Public Records Law: The Law Covers Old Police Misconduct Files, Not Just The New Ones

from the stick-that-in-your-deliberate-obtuseness,-PD-officials dept

For the first time in years, California police misconduct records are accessible by the public. There's a huge asterisk on that sentence because, so far, law enforcement agencies have been unwilling to hand them over.

One police department decided to purge all of its old records before the law went into effect, mooting the question with a questionable memory-holing. Other agencies have told requesters the law isn't retroactive, pretending the law says something it doesn't. A sheriff's union tried to force the question by petitioning the state's supreme court, but the court declined the opportunity to clarify the law's ability to open up records of past misconduct.

At this point it's clear PDs aren't interested in complying with the new law. They'll sit on records until they're forced out of their hands by lawsuits. This isn't how transparency is supposed to work. The law wasn't a History Eraser button for old files and it certainly isn't there to assist PDs in withholding documents they're definitely obligated to turn over to the public.

Most law enforcement agencies appear to believe the law hit the reset on misconduct records, ordering them only to release records created past the point the law went into effect (January 1st, 2019). Again, the law says nothing about it only affecting records going forward, but since it doesn't say anything specifically about past misconduct records, law enforcement agencies will continue to pretend it doesn't affect those until courts tell them otherwise.

Whenever the courts take up the question, they'll have to examine the bill-making process and the law itself to determine its legislative intent. The law doesn't have to specifically order the release of pre-2019 documents if it's clear legislators intended the law to be retroactive. Fortunately for those suing PDs over withheld documents, the legislation's author has decided to clear the air on the law police departments are conveniently and deliberately misunderstanding.

In a one-page letter to the state Senate Rules Committee, Sen. Nancy Skinner (D-Berkeley), sought to clarify the intent of the law, which opens up records of shootings by officers, severe uses of force and confirmed cases of sexual assault and lying by officers.

In the letter obtained by The Times, Skinner said any relevant discipline records kept by a government agency should be disclosed under the new law, which was approved last year.

“Therefore, it is my understanding in enacting SB 1421 that the change in the law applies to all disclosable records whether or not they existed prior to the date the statute went into effect,” Skinner wrote. “This is the standard practice for public records legislation in California.”

We'll see how quickly this letter results in the lifting of the temporary restraining order secured by Contra Costa law enforcement agencies, which are being sued by California newspapers for refusing to turn over historical misconduct files. There doesn't seem to be any room for misunderstanding in Skinner's letter. But if anyone's incapable of understanding crystal clear laws, it's law enforcement agencies.

Filed Under: california, foia, nancy skinner, police, police misconduct, public records, retroactive

California Supreme Court Rejects Sheriffs' Union's Attempt To Block New Open Records Law

from the take-your-fear-of-accountability-somewhere-else dept

There have been some pretty garbage responses to California's amendment of its open records laws, which rolls back the extreme level of opacity shielding police misconduct records. The City of Inglewood gave its police force a zero-accountability parting gift by granting it permission to destroy hundreds of officer-involved shooting files just prior to the new law taking effect.

Over in San Bernardino County, law enforcement -- or at least their union reps -- responded to the new law by petitioning the state Supreme Court for an injunction. The Sheriff's Employees' Benefit Association wanted the law blocked until it could be determined whether or not the law was retroactive. The union claimed making pre-2019 records available to the public would "violate [its] members' rights."

This ran contrary to the assessment of the actual Sheriff and the county's legal counsel, both of whom felt the law applied to old misconduct files.

“In anticipation of SB 1421 taking effect, the Sheriffs Department has been diligently reviewing the changes to the law and carefully considering how to implement these changes,” Blakemore wrote. “Based on this review, and on the advice of counsel, the Department intends to apply these changes retroactively.”

The union can't be thrilled about the new layer of accountability it will be facing going forward. But it seemed particularly aggrieved the new records law would affect old records it assumed would never be turned over to the public. The law doesn't state it only applies to records going forward, so it's reasonable to assume what was once considered non-public is now publicly-accessible.

The union has already heard back from the state's highest court and it's not getting the answer it wanted.

The California Supreme Court on Wednesday denied a sheriff union’s request to block a new state law that provides public access to past police-misconduct and use-of-force records.

The San Bernardino County sheriff’s deputies’ union sought an emergency intervention from the California Supreme Court to block the new law before the New Year.

This won't stop the legal challenges to the law -- not as long as it's not crystal clear whether retroactivity applies. But this at least allows the law to move forward, ensuring that any records generated past the point of enactment are truly public records. Anything prior to January 2019 is going to be hit-and-miss, as it appears state law enforcement agencies don't have a unified take on the law. This will probably be resolved sooner than later, as requests for these previously-secret records are already flowing in.

Filed Under: california, california supreme court, open records, police, police misconduct, police misconduct records, transparency

Police Misconduct, Data Breaches, And The Ongoing Lack Of Accountability That Allows These To Continue

from the bad-cops-and-bad-corps dept

Data breaches occur daily, affecting thousands of people. And everyone shrugs and moves on with their lives, especially those running the affected companies. Why? Because nothing ever happens to companies which have carelessly exposed data, as Cory Doctorow points out:

Data breaches keep happening, they keep getting worse, and yet companies keep collecting our data in ever-more-invasive ways, subjecting it to ever-longer retention, and systematically underinvesting in security.

Why does this keep happening? Because it's affordable. In 2014, Home Depot breached more than 50,000,000 credit-cards; in 2016, they paid less than $0.34/customer in restitution.

There are longer-term reputational costs associated with breaches, but these are not generally factored into the quarterly-earnings-focused mindsets of corporate execs and strategists.

Two of the most damaging breaches in recent years involved millions of people who were given little or no choice in how much personal data of theirs was held by these entities. One was the Office of Personnel Management. Those seeking government jobs turn over a lot of info to the government, which then handles it carelessly.

The other -- Equifax -- was even worse, at least in terms of consent. There was none. No one voluntarily hands information to Equifax. It's gathered by Equifax which sells access to any number of companies seeking credit records. No one opts in and, more importantly, there's no way to opt out.

No one can hold these entities accountable, at least not to the extent it will deter future breaches. Because of that, the only thing we're guaranteed is more breaches. These companies and agencies will continue to exist, hoovering up even more personal data, and, eventually, leave it exposed where criminals can make the most of other people's finances.

From one wheelhouse to another, the same can be said for law enforcement agencies and police misconduct. In almost every case, a police officer sued for rights violations pays nothing for the wrongs committed. Neither does the agency employing the officer. This is from a study of police indemnification published by the New York University Law Review:

During the study period, governments paid approximately 99.98% of the dollars that plaintiffs recovered in lawsuits alleging civil rights violations by law enforcement. Law enforcement officers in my study never satisfied a punitive damages award entered against them and almost never contributed anything to settlements or judgments—even when indemnification was prohibited by law or policy, and even when officers were disciplined, terminated, or prosecuted for their conduct.

Officers are never made to personally feel the pain of a settlement. The officer often returns to work with only the minor black mark of a lost lawsuit on their record. Consequently, the violations continue because officers have nothing at stake. If they screw up, another government entity picks up the tab using taxpayer dollars.

The solution to this problem isn't as readily apparent as it might seem. Personal indemnification -- forcing officers to be held personally responsible for settlements stemming from rights violations -- seems like a good deterrent, but it has its downsides. Scott Greenfield has examined the issue and the flaws are right below the satisfying gloss covering the surface.

Often, the argument is that the solution to police violence is to make the cop personally liable for his conduct, shift the incentive system from the municipality, or more accurately its taxpayers, to the bad dude who did the dirty. Make him suffer.

The problem is that the cop may be judgment proof. If the cop has no wealth or assets, there is no fund from which to collect a judgment. You can’t get blood from a rock.

While this may be an effective deterrent, it doesn't do anything to make the plaintiff whole. Having a city cover the cost ensures the victim will be paid, but it lets the officer off the hook.

What's the solution? Perhaps it's a sharing of the burden. Officers could be made to carry their own litigation insurance. This would eliminate the free pass of outside indemnification by making every act of misconduct count. Get sued often enough and the insurance company will drop the officer. An officer without insurance is pretty much unemployable.

It's also a win for officers, who would no longer gripe about cities settling too easily with plaintiffs and other besmirching the barrel of apples by proxy. Sure, they won't be nearly as vocal about it when their own insurance coverage is on the line, but it will put their own insurance premiums where their mouths are, which would be small victory in and of itself.

Circling back outside to the original wheelhouse, what can be done to make companies actually care about data breaches? So far, nothing seems to be slowing the flow of carelessly exposed data. Doctorow has a suggestion, and it runs along the lines of the solution that (might!) work for law enforcement:

If companies were paying out damages commensurate with the social costs their data recklessness imposes on the rest of us, it would have a very clarifying effect on their behavior -- insurers would get involved, refusing to write E&O policies for board members without massive premium hikes, etc. A little would go a long way, here.

There are no perfect solutions. But we simply shouldn't settle for the status quo. Neither group will welcome increased accountability, but there's simply no reason we should continue to let them skate, either.

Filed Under: cybersecurity, data breach, police, police misconduct
Companies: equifax

The Attorney General Thinks Police Having To Follow The Constitution Leads To Violent Crime Increases

from the it's-not-just-him-unfortunately dept

Attorney General Jeff Sessions is an old-school law and order man. He wants asset forfeiture returned to its former glory -- no longer questioned by all and sundry for its ability to enrich law enforcement agencies without making much of a dent in criminal activity. He wants drug sellers jailed for as long as possible, suggesting the last time he read a policy paper was sometime during the mid-1980s. And he thinks people questioning law enforcement efforts should be ashamed of themselves, what with the dangers faced occasionally by officers whose workplace can't even crack the Top 10 Deadliest Jobs in America list.

Sessions goes where he's wanted when he speaks, ensuring he'll receive applause and accolades, rather than a bunch of "wtfs?" when he delivers bullshit like this:

I believe one of my highest duties is to call attention to your successes, and to encourage our fellow citizens to support you in your difficult and dangerous work.

But what has made times difficult recently for law enforcement is that—by the end of the previous administration—many of you came to believe that some of the political leadership of this country had abandoned you. Some radicals and politicians began to unfairly malign and blame police as a whole for the crimes and unacceptable deeds of a few. Amazing— their message seemed to be that the police were the problem, not the criminals. They wanted the ACLU to determine police policies, and that was enforced by a federal court order. They said police were violent while homicides in America increased by a total of 20% in 2015 and 2016, the largest jump since 1968. Law Professor Paul Cassell and economics Professor Richard Fowles established that in Chicago, homicide jumped 58% after the ACLU settlement ended proven and constitutional policing.

This was delivered to the National Association of Police Organizations -- a union of police unions -- so there was no one present to question the veracity of this statement, nor push back against its loaded, implicit assertions. No one would expect any more (or any less!) of an organization of organizations which are largely responsible for the general state of disrepair that passes for policing these days.

Law enforcement has never been abandoned. Even when the criticism rains down from the federal government, it's always hedged with phrases implying the problem is a few officers, rather than the culture itself. If all it takes is an incremental increase in accountability to make officers feel "abandoned," they're far too sensitive to be holding positions of public power.

Second, Sessions shows he doesn't care about police misconduct or public accountability by maligning those who demand accountability as "radicals." This suggests Sessions is more interested in a docile nation than upholding his duties as Attorney General, which (used to) include investigating and prosecuting officers who abuse their power.

Finally, his portrayal of the rise in violence in Chicago as the direct result of a consent decree is both dishonest and ugly. The consent decree dealt with the Chicago PD's stop-and-frisk tactics. The PD agreed to revamp its policies after a 2015 report by the ACLU found the program disproportionately targeted black residents. In other words, Sessions is claiming requiring cops to behave Constitutionally results in increased criminal activity.

That would be bad enough on its own, but there's not one single thing Sessions can point at to back up this claim -- not even the report itself. Correlation isn't causation and there's ample evidence a consent decree that requires Constitutional policing does not lead to increased crime. We have apples-to-apples comparisons that disprove this ridiculous theory.

The NYPD was forced to drastically alter its stop-and-frisk program for the same reasons (targeting minorities). Crime went down, despite then-mayor Michael Bloomberg's promise of a criminal apocalypse. That's only one example. Salvador Rizzo of the Washington Post has several more.

Philadelphia has been working under a settlement agreement on stop-and-frisk practices like Chicago’s since 2011, and its homicide rate fell for several years afterward before rising again in 2016 and 2017 (albeit at much lower rates than in Chicago).

Seattle has been under a consent decree that includes stop-and-frisk provisions since 2012, and its yearly homicide rate has been mostly steady, hovering between 19 and 27, in the following years.

In Newark, N.J., a consent decree imposing requirements for stop-and-frisk practices, among other provisions, was adopted in 2016. The city reported 72 homicides in 2017, a 25 percent drop, although nonfatal shootings increased.

“The consent decree was signed and the monitor appointed in the spring and summer of 2016, and Newark continues to have the lowest crime in 50 years since then,” said Paul J. Fishman, the former U.S. attorney for New Jersey, who implemented the consent decree.

Sessions is correct in terms of quoting the report's findings. But the findings cannot possibly be correct. Even if the stats are right, the rationale is wrong. Fewer police stops may lead to increased crime, but connecting the two is far from a foregone conclusion. And yet, there it is, in a still-unreleased report that provides ammo for supporters of unconstitutional policing.

Even the authors of the report find it difficult to make this conclusion stick. To do so means throwing out other contradictory evidence, which is exactly what appears to have happened.

Cassell and Fowles called New York City an “anomaly” and wrote that it had a much lower rate of homicides committed with firearms than Chicago, “a small number of guns and gun crimes (relative to Chicago and many other cities),” and a police force that is about 25 percent larger than Chicago’s on a per-capita basis.

The other "anomalies" (Philadelphia, Seattle, Newark, etc.) were ignored. The DOJ itself -- which Sessions heads -- did not arrive at this conclusion either. Its report on increased violence suggests a few factors, none of which are the consent decree governing police stops.

“Over the year-plus since release of that video, and while we have been conducting this investigation, Chicago experienced a surge in shootings and homicides,” the DOJ report says. “The reasons for this spike are broadly debated and inarguably complex. But on two points there is little debate. First, for decades, certain neighborhoods on Chicago’s South and West Sides have been disproportionately ravaged by gun violence. Those same neighborhoods have borne the brunt of the recent surge of violence. And second, for Chicago to find solutions — short- and long-term — for making those neighborhoods safe, it is imperative that the City rebuild trust between CPD and the people it serves, particularly in these communities.”

While Chicago may be grabbing headlines with its high number of homicides, several other US cities have experienced higher spikes in the violent crime rate -- Ft. Worth, Houston, Memphis, and Baltimore have seen far more significant increases than Chicago's. But no one is claiming these spikes are due to ACLU meddling, consent decrees, or the actions of "radicals" opposed to abusive policing. Nope, it's just AG Sessions cherry-picking a single report with anomalous "findings" -- one that refers to data that doesn't agree with its theory as "anomalous." Speaking in front of cops makes it that much easier to peddle bullshit. But that doesn't change the fact it's still bullshit, no matter how much uncritical applause is offered in return.

Filed Under: 4th amendment, chicago, jeff sessions, police, police brutality, police misconduct, stop-and-frisk
Companies: napo, national association of police organizations

Leaked Documents Expose NYPD's Long-Running Lack Of Officer Discipline

from the having-had-it-stuck-to-him,-The-Man-retreats-uneasily dept

Buzzfeed has obtained files the NYPD never wanted the public to see. This isn't the result of a protracted public records battle, but rather the work of an anonymous whistleblower. Presumably, those further up the chain of command are already familiar with the department's disinterest in holding officers accountable, so there's no whistleblowing outlet there. Also, presumably, the Civilian Complaint Review Board's hands are tied and it cannot hand out disciplinary reports for officers never formally disciplined. So, leak it is. And what a leak it is.

Secret files obtained by BuzzFeed News reveal that from 2011 to 2015 at least 319 New York Police Department employees who committed offenses serious enough to merit firing were allowed to keep their jobs.

Many of the officers lied, cheated, stole, or assaulted New York City residents. At least fifty employees lied on official reports, under oath, or during an internal affairs investigation. Thirty-eight were found guilty by a police tribunal of excessive force, getting into a fight, or firing their gun unnecessarily. Fifty-seven were guilty of driving under the influence. Seventy-one were guilty of ticket-fixing. One officer, Jarrett Dill, threatened to kill someone. Another, Roberson Tunis, sexually harassed and inappropriately touched a fellow officer. Some were guilty of lesser offenses, like mouthing off to a supervisor.

At least two dozen of these employees worked in schools. Andrew Bailey was found guilty of touching a female student on the thigh and kissing her on the cheek while she was sitting in his car. In a school parking lot, while he was supposed to be on duty, Lester Robinson kissed a woman, removed his shirt, and began to remove his pants. And Juan Garcia, while off duty, illegally sold prescription medication to an undercover officer.

In every instance, the police commissioner, who has final authority in disciplinary decisions, assigned these officers to “dismissal probation,” a penalty with few practical consequences. The officer continues to do their job at their usual salary. They may get less overtime and won’t be promoted during that period, which usually lasts a year. When the year is over, so is the probation.

There's an NYPD Snowden out there somewhere, exposing the dirty non-secret that is the continued lack of accountability within the largest police force in the nation. New York's Finest, the NYPD calls itself, ignoring the fact that it does almost nothing to ensure it's only staffed with the finest human beings.

Sure, 319 out of 40,000 officers is only a small percentage, but there's nothing in Buzzfeed's blockbuster article that indicates what it's seen is all that's available. What it has seen is only a small part of a larger whole. These are the probation files, which don't include officers dismissed. Add that to the mix and the total rises to over 1,400 officers caught breaking laws and policies -- many of which were allowed to resign while charges were still pending, keeping their records clean and their pension plans intact.

This exposé of kid glove treatment for repeat offenders contains this PR-friendly statement from the deputy commissioner of the office charged with handling internal disciplinary issues. Kevin Richardson, speaking on behalf of the job he's failing to do, made assertions clearly contradicted by the documents in Buzzfeed's possession.

“The department is not interested in terminating officers that don't need to be terminated. We're interested in keeping employees and making our employees obey the rules and do the right thing,” he told BuzzFeed News. “But where there are failings that we realize this person should be separated from the department, this police commissioner and the prior police commissioner have shown a willingness to do that.”

From what's being reported here, "separating" someone from the department is a last resort. And when it is done, it's often done in a way that allows bad officers to move on to other police departments or sit at home collecting a pension for a job well poorly done. Richardson is in denial, but at least he's a bit more reasonable than the Patrolmen's Benevolent Association.

Al O’Leary, a spokesperson for the Patrolmen’s Benevolent Association, the largest police union representing NYPD officers, had a different message: “We’re not going to talk to you about anything negative as far as any of our officers.”

Well, if you won't, others will. Burying your head in the filthy sand doesn't make the problem go away. And it certainly doesn't put an entity willing to stand up for any officer, no matter how egregious their misconduct, in a better light.

Case in point: Officer Raymond Marrero. Marrero is still employed by the NYPD despite being named in four serious complaints in his first six years and racking up $900,000 of lawsuit settlements. This colorful story is just one of Marrero's many abusive escapades.

[I]n early 2009, a former police department volunteer named Louis Deluca confronted a man who, Deluca found out, had groped his brother’s 17-year-old girlfriend. The man took off with his friends, just as Marrero was pulling up. “I was telling him, 'There's some guys that groped a family member of mine,’” Deluca said. “‘They're right around the corner.’”

Marrero and his partner told Deluca to shut up, Deluca said. Incredulous, Deluca called Marrero a cunt. The officers pushed him to the ground and arrested him, according to a lawsuit Deluca later filed.

Back at the precinct, as Deluca was being taken out of the car, Marrero struck him with his police baton, opening up a gash on the top of his head. Another officer said there was so much blood, they had to clean it up with a mop. It took 12 staples at the hospital to close the wound.

In a deposition, Deluca said Marrero told him “You can’t disrespect us in the street like that.” Deluca received a $398,000 settlement, of which Marrero was ordered to pay $4,000.

Marrero pled guilty to several internal charges during this six-year period, including deploying excessive force and lying to department investigators. Despite this, Commissioner Ray Kelly felt Marrero still added value to the force. He was placed on probation and lost 45 vacation days, but was never terminated or asked to resign. An outside commission on police corruption reviewed these files and suggested Marrero be fired, as he "lacked the temperament necessary to be a police officer." This suggestion was ignored.

There's nothing about local laws or NYPD policies that encourage any sort of positive change. The NYPD says local laws allow it to withhold disciplinary records from the public. Disciplinary trials for officers are open to the public… so to speak. They're held without prior announcement of schedules or locations. They're presided over by a police official appointed by the NYPD Commissioner, rather than a neutral adjudicator. And if a top cop decides an accused cop should be terminated, the Commissioner can overturn the ruling. (And even if the Commissioner allowed the discipline to stay in place, there's a good chance the PBA would get the ruling overturned.)

A closed disciplinary does no favors for the public. Unsurprisingly, it does no favors for police officers, either. Bad cops become worse cops as no one's willing to engage in serious deterrence and the system itself is often used to retaliate against good cops who blow the whistle on bad behavior or sue the department for discriminatory practices. Ultimately, no one's accountable to anyone, despite everyone involved being a public servant.

This leak will likely provoke some changes within the department, but with zero oversight, the positive changes likely won't last. My money's on an internal investigation into the leak being the largest expenditure of time and effort as a result of this exposé.

Filed Under: nypd, police, police misconduct

Police Union Boss Attacks New DA For Daring To Speak To Police Recruits About Deadly Force

from the 'based-on-misinformation-and-prejudices...' dept

The residents of Philadelphia elected new District Attorney Larry Krasner because he wasn't like the long line of police misconduct enablers that preceded him. Fed up with crumbling relationships between law enforcement officers and the people they served, Krasner secured the position by promising to clean house and start representing the people's best interests, rather than just law enforcement's.

Disruption ensued.

Just days after he asked 33 prosecutors and staff members to turn in their resignations, Krasner defended his actions saying this is no different than what others have done when taking over a ship that has been troubled and trying to right its course.

"The coach gets to pick the team. It doesn't necessarily mean the players who were traded are bad players. Some of them might be, some of them might be great players, but they simply do not fit into the strategy of the team," Krasner said.

If prosecutors aren't safe, then no one's safe. That's the message being sent, one that has trickled down to police brass and to the beat officers far below them. Krasner dropped all existing marijuana possession charges and stated his office would no longer pursue charges against people possessing minor amounts of the drug.

Cash bail was targeted, too.

Calling the current cash-bail system “imprisonment for poverty,” Philadelphia District Attorney Larry Krasner announced Wednesday that the city’s prosecutors will no longer seek cash bail for nonviolent defendants while they await trial.

Krasner's options are limited on the bail front, as it would take legislation to completely overhaul the system. But it does promise some relief to those charged with minor crimes. As it stands now, one out of every five people incarcerated in Philadelphia have yet to be tried, much less convicted. The bail system keeps poor people locked up and puts them in an even worse position even if they're ultimately proven innocent.

Krasner has made no friends with longtime law enforcement officers. But if he's going to change police culture in Philadelphia, he's going to need the help of new blood. Change will still need to be made up top, but if he can reach those just entering the system, some helpful changes could also bubble up from the bottom.

So, Krasner addressed a class of police cadets, offering some insight and commentary on his office's place in police accountability. This resulted in the head of the local police union publicly blowing a gasket and sending all police union members a letter disparaging the DA and his conversation with cadets.

Krasner’s attempt to share practical information with the soon-to-be officers was “ridiculous and dangerous” and “intentionally sought to endanger your lives,” Philadelphia Fraternal Order of Police (FOP) leader John McNesby wrote in an open letter to the cadet class. He told them to “completely disregard any and all advice received from self-appointed ‘experts’ who seek to deceive or mislead you.”

What made McNesby apoplectic? I don't think McNesby can say for sure since he wasn't even present during the talk and hadn't seen the recording of the presentation made available by the DA's office. Instead -- based on nothing -- McNesby declared DA Krasner an enemy of the police force who wished to see officers injured or dead.

If he had bothered to see the presentation firsthand, he might not have been so quick to remove all doubt that he is a fool.

On Friday morning, Waxman played the video for a reporter. Krasner can be seen discussing several scenarios, including one in which officers fatally shoot an unarmed and mentally ill man who had reached for another officer’s gun and struggled with him over it.

The video shows Krasner referring to “some mistakes that were made” in that scenario, and saying the man could have survived had the officers not displayed “an eagerness to shoot center mass.”

But, the video also shows him saying: “That does not mean those officers committed any crime. That does not mean there’s any disciplinary violation. That means those officers acted with preliminary information, under a whole lot of time pressure with things developing quickly, [and] made an honest mistake. And this District Attorney’s Office is not going to second-guess that.”

All in all, the presentation was supportive of officers and the split-second decisions they make when deploying force. The only thing that might seem unsupportive -- and only in the fever dreams of union bosses who will defend the worst of the uniformed worst -- was his suggestion that officers try something other than "shoot to kill" tactics if at all possible.

He suggested training could help guide when officers choose to fire their weapons, and — in a line that likely riled police the most — whether every shot needs to be “center mass.” Police and military members have for decades been trained to shoot for a suspect’s chest or back, as opposed to arms or legs, to more effectively stop a threat.

A police force that kills fewer people is a good thing. There's no disputing this point. And that was the point implicit in his statements. Fewer deaths mean fewer lawsuits and better relationships with the public. Not everyone carrying a weapon needs to be killed. And those that aren't carrying weapons have a better chance of survival if "reasonably scared" cops try to neutralize the perceived threat, rather than banish it from existence.

The union boss' letter is an ugly testament to the natural state of police unions. When even slightly threatened by a small shift in the status quo, they lash out at everyone -- victims of police violence, political activists, local residents -- with unhinged arguments that assert their desire for zero law enforcement accountability. FOP president John McNesby is no exception. But he is one of the worst. Having already called Black Lives Matter protesters a "pack of rabid animals," he's following up this PR coup by claiming, sight unseen, the new DA doesn't care about "blue lives." It a garbage letter from a garbage human being with more power than wisdom.

Filed Under: fop, fraternal order of police, john mcnesby, larry krasner, philadelphia, police misconduct, police union

Research Paper Links Police Unions To Increased Officer Misconduct

from the more-rights,-more-problems dept

Some research [PDF] has emerged indicating handing officers extra rights results in more citizen complaints. This may seem to be of the "water is wet" research variety, but there's no reason to shrug this off. While most of us can infer that shielding officers from the consequences of their actions would naturally result in increased misconduct, almost all evidence to date has been anecdotal. (h/t Marginal Revolution)

University of Chicago researchers were given the perfect chance to weigh the addition of a collective bargaining agreement against year-to-year complaint totals. Thanks to a 2003 Florida state supreme court decision, Florida sheriff's deputies were allowed to unionize, finally joining their police department counterparts. This gave the researchers a dividing line for a before and after comparison. The results were unsurprising.

We construct a comprehensive panel dataset of Florida law enforcement agencies starting in 1997, and employ a difference-in-difference approach that compares sheriffs’ offices and police departments before and after Williams. Our primary result is that collective bargaining rights lead to about a 27% increase in complaints of officer misconduct for the typical sheriff’s office.

That's an impressive jump and it can be tied to the addition of a collective bargaining agreement. The union's bargaining power secured a lengthy list of extra rights for deputies. While due process should be afforded to everyone, the version of due process citizens make do with contains none of these perks and protections.

[F]lorida provides by statute a Law Enforcement Officer Bill of Rights (“LEOBOR”), which includes a variety of procedural protections for officers facing disciplinary investigations. One provision gives such an officer the right to “be informed of the nature of the investigation before any interrogation begins,” and to receive “all witness statements . . . and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation, . . . before the beginning of any investigative interview of that officer” (F.S.A§ 112.532(1)(d)). That is particularly generous given another requirement that “[a]ll identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer” (id.).

And that's not even the whole list of additional "due process" goodies Florida deputies received.

[S]ome Florida CBAs give law enforcement officers the right to challenge any discipline the local government seeks to impose through arbitration or other administrative review, thus depriving the government of the power to make independent disciplinary decisions. Other rights include a time limitation on internal disciplinary investigations, expungement of old records even when the officer is found to have engaged in misconduct, and inspection of investigation files prior to a disciplinary hearing… [A]ll of these additional procedural rights raise the cost of terminating misbehaving officers and thereby lower deterrence.

The researchers note the conclusions aren't definitive. There's no control group to observe and it's tempting to let correlation infer causation. But the research is as thorough as it can be, given the limited dataset. Law enforcement agencies closely guard internal documents on police misconduct. In some states, public records laws make it illegal to release any of these files to the public, forcing researchers to work blind.

But this paper does show there's something wrong with union agreements and has the math to back up the seemingly obvious conclusions. When you give people with power more power and less accountability, abuse is usually the result. Whether the union agreements are responsible for all of the 27% jump in complaints is debatable, but the numbers show the agreements have made policing worse, rather than better.

Filed Under: police, police misconduct, police unions

Investigation Shows Chicago PD Has Zero Interest In Holding Its Officers Accountable

from the half-decade-wait-for-a-five-day-suspension dept

Why Chicago's Police Force Is A Godawful Train Wreck, Part 192: A Staggering Lack of Accountability.

Even after a Chicago Tribune investigation in March revealed faults with the disciplinary system that had caused officials to lose cases — and after they pledged to track down and finalize those cases — some punishments remain pending.

ProPublica Illinois and the Tribune, collaborating on this story, discovered Levigne's case as reporters tried to determine whether police officials had followed through on their promise.

The previous story detailed how pending punishments for at least 14 officers had been forgotten, and pointed out there likely were more. Police officials have required many of those officers, as well as about a dozen others, to serve punishments — years late — during the past few months, the Tribune and ProPublica Illinois confirmed.

But officials continued to let other old cases stall as they failed to make sense of their own disjointed — and sometimes incorrect — records.

That's just the latest in a long line of travesties committed by the Chicago PD. This follows other such lowlights as the PD operating its own Constitution-free "black site" inside the city, where criminal suspects were taken, detained, and interrogated with zero regard for their civil liberties. When Chicago police officers aren't shooting people and lying about it, they're participating in god knows what other sorts of misconduct after tampering with their recording devices.

The reason it's taken so long for anything to be done about this is a lack of accountability. Those up top feel no compunction to punish officers for misdeeds, often only following through when forced to by public outcry. When it does finally occur, it's years after the fact and often reduced to wrist slap.

The case cited above in the Chicago Tribune report involves Chicago PD officer Brandon Levigne. Levigne pulled a gun on a motorist for supposedly cutting him off in traffic. Levigne was not in uniform. The driver, Brandon Whitehead, called 911, thinking he was being carjacked. Whitehead reported this incident to the Chicago PD. This report was filed in 2006.

Police officials concluded that Levigne had mistreated the Whiteheads, used profanity and lied about it, and they recommended that he be suspended for 60 days. But they didn't follow through, and the officer didn't serve a reduced suspension until just this month, after reporters repeatedly questioned the delay.

It took eleven years for the officer to be punished. And it was a lighter punishment than police officials originally recommended. In the intervening years, Levigne -- who the department had ruled had engaged in misconduct years ago -- was promoted to detective.

The system used to track officer misconduct is archaic and needlessly convoluted -- so much so the system's inability to provide anything resembling accountability appears to be deliberate.

Emanuel fired police Superintendent Garry McCarthy, appointed a task force to propose reforms and revamped the former police oversight agency, the Independent Police Review Authority, or IPRA.

A replacement agency, the Civilian Office of Police Accountability, began work Sept. 15.

But COPA must work within the same labyrinthine disciplinary system that has contributed to a lack of accountability. Records are kept on paper and shuffled between the oversight agency and the Police Department.

There is no management system in place to track cases, and they fall through the cracks.

And again, the only reason the CPD is moving forward with long-delayed punishments is due to outside pressure. External investigations by ProPublica and the Chicago Times have resulted in more cases being completed than years of internal management by the department. The new independent oversight board faces the same challenges: a culture deeply uninterested in punishing misconduct and a tracking system so broken it makes a mockery of the phrase "paper trail." One serious complaint finally resulted in a (laughable) punishment more than a half-decade after the fact.

A police spokesman said Stacker served his one-day suspension in April, six years after the warrantless entry. Stacker is currently stripped of police powers and on desk duty in connection with another case, a police spokesman said.

In this case, Officer Stacker announced he would file a grievance after an internal investigation found he had violated citizens' Fourth Amendment rights. But that's all Stacker did. The grievance was never filed and the case slipped into the undertow of the CPD's complaint tracking system, only resurfacing years later with the assistance of outside scrutiny.

The IRPA's help is appreciated but it too has problems following through with investigations and recommendations. Accused officers deliberately screw with the system by promising to challenge rulings or appeal decisions. These moves are never made and the complaints sit in limbo awaiting officers' next moves. When punishments are finally handed down years after the fact, they're often far less than was recommended or agreed to. The appeals that officers never got around to filing are somehow treated as being filed in absentia. And even the reduced punishments are never served.

Officer Jorge Martinez Jr. was accused of drunkenly challenging and taunting a security guard and officers from a Texas police department while attending a wedding reception in Dallas in 2007. He was charged with misdemeanor assault in Texas, but the case was dismissed.

IPRA recommended a 60-day suspension in 2011, but Martinez settled with the city for five days in 2015.

IPRA had no record of getting the settlement agreement that reduced the punishment, so years passed and Martinez never served the suspension. In May, however, a CPD sergeant in the Bureau of Internal Affairs alerted IPRA and Police Department officials that Martinez's disciplinary case was listed as active when it should have been closed long ago, emails show.

Still, nothing happened.

The Chicago PD is an accountability black hole. Plenty of paperwork goes in, but it's never seen again. The CPD won't make any sort of effort, despite handling many of these investigations in house. The independent review board suffers from its outsider status and its relative powerlessness to ensure closed investigations result in the meting out of discipline. There's no reason for the CPD to change. It's gotten along for years with a minimum of scrutiny and its officers have tons of experience in the art of thwarting oversight. If the heads up top aren't rolling, abusive officers further down the organizational chart have nothing to fear.

Filed Under: accountability, chicago pd, discipline, police brutality, police misconduct

Deputy Who Rear-Ended Driver At 104 MPH Had Horrendous Service Record, Received Almost Zero Discipline

from the God,-why-do-good/indifferent-things-happen-to-bad-cops? dept

Normally, I wouldn't grab an isolated story about police misconduct and present it here. The misconduct is indeed serious -- an officer involved in high-speed crash that left another man critically injured -- but one cop doing something dumb is barely even newsworthy these days.

But the more you read about this law enforcement officer, the worse it gets. And it starts with Deputy Brandon Hegele nailing a smart car driven by a sixty-year-old man while Hegele was travelling 100+ MPH towards a suspect he'd already been told repeatedly not to pursue.

The dashcam video (which can be viewed at the link above) shows Hegele weaving in and out of traffic. It then shows the accident victim safely executing a U-turn… well, would have safely executed a U-turn if Deputy Hegele hadn't been driving at over 100 MPH without his lights or siren on.

Hegele got lucky. The other driver, not so much.

That crash was into the rear of a Smart car driven by Harry Deshommes. While Hegele did not suffer any serious injuries, Deshommes had to have his spleen removed and suffered from a skull fracture, a traumatic brain injury, a broken left arm, a broken back, several broken ribs and a broken pelvis, according to CBS 12. Deshommes’ Smart car reportedly rolled several times after impact.

Deputy Hegele was placed on unpaid leave after the accident. HOLD YOUR APPLAUSE.

Well before that critical crash, the sheriff's office documented several traffic-related incidents in the deputy's career, starting early on, Internal Affairs records show.

Let the record[s] show that Deputy Hegele:

- backed into a parked cruiser

- fell asleep at the wheel, hitting a median and causing more than $1000 worth of damage

- rear-ended a car at an intersection, causing $4000 worth of damage

- rear-ended yet another car, causing $12,000 worth of damage

And, finally, the coup de grace of Hegele's super-shitty law enforcement driving career (not including the event above):

Failed to report a crash until hours after it happened and once he had replaced the car’s flat tires. Investigators believe Hegele attempted to respond to a robbery call and hit either a curb or a sidewalk that slashed two of his tires. The report said Hegele called to let dispatch know he was having issues with his vehicle and to put him out of service, but did not say what happened. Then, he called another deputy to bring him spare tires, went to a restaurant for dinner and then called a sergeant nearly two hours after the incident happened to report the damage.

In most of these cases, Hegele only received a written reprimand. In a couple of them, he was suspended without pay -- for a total of two days between both incidents. Hegele has lost his driving privileges twice, for a total of 120 days.

But there's even more:

Other than traffic crashes, Hegele has been cited numerous times for “indifference to policies and procedures.”

In 2012, Internal Affairs investigators said in the first three months of the year Hegele had 72 calls for service he responded to. Of those, 52 cases required log entries by the deputies to document the case to go along with a case number. Hegele only submitted nine, according to records.

There was a chance to send Hegele packing before he did any more damage. He failed a vehicle inspection for leaving his personal weapon in the patrol car, wedged between the seat and the console with a bullet missing. The weapon was "clearly visible" from outside the vehicle. Hegele couldn't explain why a bullet was missing but said he put the gun there to keep it away from his 4-year-old daughter while he was moving. Also inside the vehicle? A signed Miranda rights waiver card, wholly separated from the investigation file it apparently went with.

Instead of being fired, the department gave Hegele -- who at that point had already been involved in five car accidents and multiple Internal Affairs investigations -- a "last chance:" 15 days suspension and a transfer. The only upside of this "last chance" was the agreement revoked Hegele's option to challenge any future for-cause firings, which is what should follow his latest accident.

Hegele is now on trial for reckless driving, which is extremely lenient considering the number of charges he could face for his actions. Undoubtedly, he will be leaving behind a bunch of frustrated, angry co-workers who likely cannot understand why someone so toxic was allowed to pollute their ranks for so long.

But if anything's going to prevent future Hegeles, it's his agency realizing it's far too lax when it comes to handing out punishment for misconduct. Hegele managed to rack up several thousand dollars-worth of damages in his career, along with whatever collateral damage accrued from his sloppy habits and policework. In return, he received some stern paper-waving and two unpaid days off. Calling that "absurd" makes the word "absurd" as meaningless as "literally." It's horrendous and inexcusable. Hegele may be on his way out, but if Palm Beach County Sheriff's Department wants to be taken seriously, it will be sending a lot of supervisors and officials packing as well.

Filed Under: brandon hegele, immunity, law enforcement, police misconduct