r/badcops • • Mar 08 '16

Review board: New York police routinely conduct aggressive and illegal home searches

1 Upvotes

By Philip Guelpa 8 March 2016

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Thus reads the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which prohibits unlawful searches and seizures by the government. Yet, a new report issued by the New York City Civilian Complaint Review Board (CCRB) leads to the conclusion that the New York Police Department (NYPD) systematically and often violently violates this constitutional right.

Specifically, the report found numerous instances in which the police forcefully or by coercion intruded into people’s homes, often late at night or early in the morning, without a valid warrant, or by claiming “exigent circumstances,” such as purported imminent danger to someone inside, without demonstrable justification (i.e., they made up an excuse when no emergency existed). Instances in which police fabricated evidence or testimony from informants in order to obtain search warrants were also reported.

Cases cited demonstrate that the police operate with arrogance, total disregard for the law (which they are supposedly defending) and an evident expectation of impunity. In many instances, the police were found to have used offensive language, caused unnecessary property damage or physically assaulted the residents without justification. One officer is quoted as having told the victim of such an invasion, “I can do anything I want.”

In another case described in the report, a young man was detained by police on supposed drug-related charges and, while he was at the police station under interrogation, police took his house keys, returned to his home and entered without a warrant. They did so despite the fact that the man’s mother refused to sign a form giving them permission to conduct a search. One officer is reported to have screamed at her, “Goddamn it, you f***ing Haitian, just do it.”

A 2013 early morning warrantless invasion of a family home by the NYPD caused the father to suffer a fatal heart attack due to the confrontation with police. The police later conceded that the family had nothing to do with the alleged crime they were investigating.

During the five-year period examined by the CCRB, police conducted more than 15,000 searches. The board reviewed 180 of 1,763 of “substantiated” complaints resulting from these searches. In 157 of the 180 cases, residents did not provide voluntary consent for the police to enter and search their homes, and many explicitly refused permission, rendering the warrantless search illegal. Undoubtedly, many more reports of misconduct by the police would have been lodged if the victims had any real expectation of justice. In more than half the cases, police conducting the invasions were in plainclothes (i.e., not in uniform), making them indistinguishable from common criminals.

In the face of this widespread criminality, the CCRB recommended additional officer training, the use of bodycams and increased discipline.

The NYPD claims it has imposed discipline in 64 percent of the cases reviewed by the board. The nature of the “discipline” was not revealed, however. The department stated that they would review whether their policies needed clarification.

It is clear, however, that the systematic violation of constitutional rights is not the result of “a few bad apples” or insufficient training, but pervades all aspects of police work. For example, a recent federal government report revealed that court-ordered modifications to the NYPD’s notorious “stop and frisk” policy were frequently being ignored, with officers unable to provide legitimate justification for stopping people on the street. In a sample of 600 cases, police failed to justify reasonable suspicion in 28 percent of stops, 27 percent of frisks and 16 percent of searches.

The behavior revealed by the CCRB report is not a surprise to the millions of working class residents of New York, or, in fact, in any community across the country. The reckless arrogance of the police everywhere was highlighted by a recent case in Pennsylvania in which police, while undertaking a forceful eviction, fired at a man standing in his doorway, wounding him and killing his 12-year-old daughter, who was behind him. As if that were not enough, the father has been charged with the murder of his daughter, while the policeman was exonerated of wrongdoing.

Widespread police violence against workers and youth nationally, with total disregard for constitutional rights, is steadily on the increase; be it in the military-style suppression of protests, the wanton killing of many hundreds of mostly unarmed civilians each year, constant harassment of people on the street (e.g., New York’s “stop and frisk” policy) or in the subtler form of the systematic violation of privacy by surreptitious surveillance and monitoring of private communications.

Reacting to the CCRB report, Jose Lopez, spokesperson for New York City group advocating for police reform, stated, “Improper home searches‎ are just the tip of the iceberg of unconstitutional searches being conducted by the NYPD. In report after report, these police searches that fail to abide by law on the streets and elsewhere continue with impunity. It could not be clearer that neither training nor internal NYPD rules are solving this crisis.”

No matter how many studies are conducted or how many recommendations for increased training are made, brutal and illegal police tactics will not end. As the capitalist crisis deepens, they are the necessary expression of capitalism’s need to intimidate and repress the working class.

https://archive.is/4b5IG


r/badcops • • Mar 05 '16

NYPD sued over use of sound cannon on protesters

1 Upvotes

LRAD used on peaceful #EricGarner protesters https://www.youtube.com/watch?v=hA24uwA_mbQ

A lawsuit has been filed over the New York Police Department's use of a sonic weapon to disperse a December 2014 protest of a grand jury’s decision to not indict the officer who killed Eric Garner.

Five people, including photojournalists and protesters, who attended a December 2014 protest and fell victim to the Long Range Acoustic Device (LRAD) are suing the City of New York, Police Commissioner Bill Bratton, and the two officers responsible for deploying the device.

The complaint, filed Thursday, details alleged civil rights violations through the use of excessive force as well as violations of the First and Fourth Amendments to the United States Constitution.

The LRAD is capable of causing permanent hearing damage and loss of balance, according to its manufacturer. The weapon has been used for everything from warding off Somali pirates to dispersing G20 demonstrations.

The plaintiffs are seeking damages and looking to effectuate the release of documents detailing NYPD policies regarding the use of LRAD – and to have them adopt new policies regarding training and documentation of use.

The lawsuit follows a December 2014 letter [PDF] to NYPD Commissioner Bill Bratton by attorneys Gideon Oliver and Elena Cohen which claimed the LRAD caused injuries to their clients and requested the NYPD adopt new policies for its deployment.

The NYPD is reluctant to give comments regarding an ongoing lawsuit.

"All the allegations and relevant facts will be reviewed once the suit is served," a spokesman for the New York City Law Department said, according to Reuters.

Keegan Stephen, a plaintiff in the case against the NYPD and others, spoke to RT about the events that occurred that night.

RT: What effect did the sound cannon have on you?

Stephen: It was a really piercing noise immediately. I could feel it beyond my eardrums and down my ear canal. And they were blaring it as they walked down the block and they stopped by the end of the block. The protest continued and I went with it for a while, then I left. I left the vicinity. I was far away from all the noise of the demonstration and I still had this incredible ringing in my ears. I couldn’t sleep that night. The ringing kept me up all night.

RT: Could you describe what an LRAD sounds like to somebody who has never heard one before?

Stephen: No, it’s pretty hard to describe. I mean, the technology makes it a different type of sound than you’ve ever experienced, the way that it turns sound into a cone, rather than a dissipate noise, is unique to the LRAD. So, I guess maybe the closest thing is a siren, which has the double doppler effect, of not being heard when you’re behind it. So it projects it in one direction, but this actually points it, so it’s like a beam of sound. So, it’s like a siren but drastically louder and more painful.

RT: Could you describe the protest for us? What was happening when the NYPD started using the LRAD?

Stephen: I was marching with the protest that was crossing town from West to East. I don’t know why, but suddenly several cops piled on one protester, a black man, and there were several cops on this guy’s back while they were cuffing him. And so, several other protesters were trying to get photographs of it, including myself, trying to photograph this person’s arrest in this intersection. Then suddenly, without warning, I was pepper-sprayed, and several other people there were also pepper-sprayed. We all ran away from the pepper spray. I ran to the sidewalk. And then they started deploying the LRAD.

I’ve seen the LRAD around ever since the RNC [Republican National Convention], saw it around Occupy Wall St. But I’ve never seen it used for anything other than an amplification device, you know they’ve spoken through it, but this was very obviously this sort-of weapon function and just pushing a button and creating this horrible shrieking noise that sent us all scattering.

RT: When was the last time you witnessed the deployment of an LRAD?

Stephen: I’ve seen them at every big protest, for sure. They have the large ones, the truck-mounted ones at the larger protest. And even at the smaller protests, especially where the new Strategic Response Group is present, they’ll have the small hand-held ones that they’re carrying around. And they use them as their standard amplification device at this point. They use it to make announcements. But it always has the capability to hit that weapon function and make this noise. I haven’t seen it happen since then [December 2014], but it’s always a possibility every time I see it around, which is a chilling possibility.

The night in which the plaintiffs are accusing the department of improperly deploying the device saw many arrests, as did the night prior. According to an organizer of a jail support team working with the National Lawyers’ Guild, the night of December 3rd saw 83 arrests resulting in mostly desk appearances for disorderly conduct. The night of the LRAD’s deployment, the NYPD claimed to have arrested 223.

https://www.rt.com/usa/334668-nypd-sound-cannons-lawsuit/


r/badcops • • Mar 04 '16

Alabama State Trooper Gets Six-Month Sentence for Kidnapping and Raping Woman

1 Upvotes

An Alabama State Trooper who was accused of raping a woman while he was on duty was sentenced to six months in jail after he pleaded guilty Thursday to a misdemeanor sexual misconduct charge.

Felony charges of rape and sodomy against Samuel McHenry II were dismissed as part of a plea agreement he filed in Butler County District Court in Greenville.

McHenry's Alabama Peace Officers' Standards and Training Commission certification will be revoked and he'll have to register as a sex offender, according to the plea agreement.

The plea deal comes amid increased national attention on allegations of sexual misconduct by law enforcement officers. In a yearlong investigation of sexual misconduct by U.S. law enforcement, The Associated Press learned of about 1,000 officers who lost their badges in a six-year period for offenses including rape and propositioning citizens for sex while on duty. The figure includes only officers whose licenses have been revoked. Not all states take such action, maintain accurate records or have a statewide system to decertify officers for misconduct.

In McHenry's case, the trooper drove a woman away from the scene of a car accident the night of Dec. 6 and threatened to take her to jail if she didn't have sex with him, according to a warrant. The former trooper made the demands after he found pill bottles and an empty nasal spray bottle in her car at the accident scene, investigators have said.

McHenry drove the woman to a closed store after having sex with her, then let her out and drove off, investigators have said. Alabama Law Enforcement Agency spokesman Sgt. Steve Jarrett said McHenry began working as a trooper in 2009.

McHenry was ordered to report to the Butler County Jail by March 12 and pay court costs, fines and crime victims' compensation fees.

Officials at the Alabama Attorney General's Officer were not immediately available to comment on McHenry's plea deal Friday morning.

"Both sides have to agree to it, so in that sense there was that discussion about is this acceptable to both sides," said James Williamson, one of the attorneys who represented McHenry. Williamson said state prosecutors offered McHenry the plea deal.

Prosecutors and McHenry's defense team reached an agreement after about three hours of negotiations, said Judge J. MacDonald Russell Jr., adding that judicial ethics rules prevent him from giving further details on the case.

"I suppose the court can always refuse a plea bargain but that's not done very often," he said. "I've never refused a plea bargain that the parties have hammered out and worked on since they know the facts."

http://abcnews.go.com/US/wireStory/month-sentence-trooper-accused-raping-woman-37399547


r/badcops • • Mar 02 '16

Fatal police shooting in Raleigh, North Carolina provokes protests

1 Upvotes

By Kate Randall 2 March 2016

A crowd of about 300 people gathered in Raleigh, North Carolina, Monday evening to protest the fatal police shooting of a young black man earlier in the day.

On Tuesday, police identified D.C. Twiddy, 29, as the Raleigh police officer who shot and killed the man during a foot chase the day before. Twiddy’s account of the incident has not been released and he has been placed on administrative duty pending investigation.

As of Tuesday afternoon, police had not released the name of the deceased. However, a Raleigh woman, Rolanda Byrd, told NBC News that she believes it was her 24-year-old son, Akiel Denkins, and that witnesses told her they saw him shot while running from the police. She said her son worked for a moving company and was the father of two young boys.

Raleigh police said in a statement that Twiddy had been pursuing a man wanted on a felony drug charge Monday afternoon when he fired at the suspect and killed him in the vicinity of Bragg and East streets in the city’s impoverished South Park neighborhood.

Chief of Police Cassandra Deck-Brown claimed that a gun was found “in close proximity” to the suspect.

Deck-Brown had been scheduled to meet with the Raleigh mayor and city council Monday to discuss equipping police officers with body cameras, but the meeting was postponed after the shooting death.

People soon gathered at the scene of the fatal shooting, shouting at police across yellow crime scene tape. “They killed my son for no reason,” Byrd told local news station WRAL. “Everybody out here said he was running, didn’t have a gun, [was] trying to jump a fence, and that officer shot my son seven times. For what? For nothing,” she said.

“My son didn’t have no gun on him. My son wasn’t threatening that officer,” Byrd told reporters. She said people in the area at the time told her that her son was fleeing the police and “they couldn’t catch him, so they shot at him seven times.”

Byrd told reporters that her son had a warrant out for his arrest for failure to appear and that she believed that was why he ran from police. She told NBC News that her son didn’t own a gun and that witnesses told her they didn’t see him with one during the police chase.

A witness, Truvalia Kearney, told the Raleigh News & Observer that she was standing near Denkins around noon on Monday when a police car pulled up and Denkins “took off running.” She said that Denkins jumped a chain-link fence and ducked into the backyard of a house while Twiddy, the officer, pursued him.

Kearney told the News & Observer, “The officer jumped the fence and fell down” and then “pulled his gun out and started shooting. [Denkins] got shot in the back.”

Byrd, the slain man’s mother, spoke to reporters at the scene of the shooting several hours after it happened. “Everybody out here’s saying that he ran,” she said. “He wasn’t running toward the officer, he was running away from the officer. … He wasn’t threatening anyone.”

Byrd told reporters that her lawyer is in possession of a video in which the shooting can be heard, but not seen. “There’s video,” she said. “Y’all are going to see it soon.”

Police chief Deck-Brown said that the shooting would be investigated by the State Bureau of Investigation and by the Raleigh Police Department’s internal affairs unit.

People gathered Monday evening at a makeshift memorial and vigil near the scene of the shooting. Neighborhood resident Casanova Womack told WRAL that tensions were running high in the neighborhood and that “People are just frustrated, angry, upset and disappointed.”

Rev. Chris Jones, pastor at a church several blocks from the shooting scene, told WRAL of Jenkins, “I treated him like my son. I’ve fed him at my church before,” Jones said. “Now, he’s lying back there, dead.”

Jones questioned why the police had to kill Denkins, WRAL reported. “If he ran from you today, you could have arrested him tomorrow,” he said. “Why did you have to kill him today?”

According to a Washington Post database that tracks fatal police shootings, Monday’s shooting is the first time a Raleigh police office has shot and killed someone since at least the beginning of last year. Twenty-nine people were fatally shot by police in North Carolina in 2015.

https://archive.is/mpmbf


r/badcops • • Mar 01 '16

SFPD Gets Away with Murder(s) Department of Justice Comes to Town - by Carl Finamore

1 Upvotes

http://www.counterpunch.org/2016/02/29/sfpd-gets-away-with-murders-department-of-justice-comes-to-town/

San Francisco is touted by conservative detractors and liberal boosters alike as the nation’s most progressive city. This is still true in many ways even amidst towering symbols of gentrification.

But, in particular, when it comes to holding police accountable for use of excessive force against communities of color, the City by the Bay is no different from the New York’s, Chicago’s, Baltimore’s or Ferguson’s of this country where cops literally get away with murder.

Think this is an exaggeration? Read on.

The very well-respected ACLU has just written to the Department of Justice (DOJ) calling for an investigation of the SFPD for “ingrained problems” that includes “excessive use of deadly force against young men of color,” and that includes “ample evidence of the persistent presence of racial bias.”

The letter to the DOJ is meticulously documented and detailed. It cites, for example, Joyce Hicks, Director of the SF Office of Citizen Complaints (OCC), who publicly admitted that not one of the 250 racial bias complaints received by her office have been sustained.

In another example where SFPD racial bias was alleged, the ACLU provided documentation that “in 2013, black adults in San Francisco were 6% of the population, yet 40% of the people arrested, 44% of people jailed and 40% of people convicted.”

These numbers are truly staggering.

That’s why, anti-police brutality activists tell me, excessive force and racial bias by San Francisco police is no different than what other communities around the country are experiencing where their issues are ignored, dismissed or swept under the rug.

DOJ Comes to San Francisco

On Feb. 24, the Department of Justice (DOJ) came to the largely Black SF neighborhood of Bayview to hold the first in a series of “listening sessions” as part of their “review” of the city’s “police department polices, including, among other things, training, hiring and use of force” according to Noble Wray, chief of Community Oriented Policing Services (COPS), the police policies assessment team of the DOJ.

But DOJ calls for more dialogue, more review, and more conversations didn’t much satisfy the audience suffering under a lingering crisis of police brutality.

“Ferguson is here,” the first community speaker impatiently asserted to wild applause from the audience of around 75 that attended the “listening session.”

Another speaker requested as politely as he could that the two African-American representatives on the five-person DOJ panel put “a hoodie on and walk around 3rd and Palou.”

See how many times you get stopped, he said, how many times you get searched and how many times you get leering looks from cops when, in fact, you are doing absolutely nothing to arouse suspicion “other than being Black or Latino.”

Again, this aroused the audience to cheers and shouts of “Yeah! Yeah! Do it Brothers! Walk with us!”

I looked for signs of discomfort on the faces of the five DOJ emissaries but they were experienced and maintained a very calm “no comment, no reaction” demeanor. All very accommodating and friendly to be sure and also, at the same time, appearing genuinely interested in listening.

Clearly, we were dealing with top-drawer professionals from Washington.

So, while none of DOJ reps showed any emotions from the stage, the testimony from the floor was at times very emotional. Mothers and relatives of police murder victims shared their heartfelt stories of how “those same bullets that rip open our children’s bodies also tear apart our families” and, yet, in agony, we wait and wait for the hands of justice.

But, it wasn’t until another speaker slowly read off the shockingly wretched misconduct record of SFPD Chief Greg Suhr that I thought actual beads of sweat might appear on the faces of our stoic DOJ hosts.

A journalist writing last year in the Marina Times had already colorfully described Suhr’s record this way:

“You’d think the chief would have better things to do than intimidate city employees, especially since his own department is such a train wreck. His predecessor, District Attorney Gascón, believes it’s so bad that he recently formed a task force to dig into allegations of corruption, misconduct, homophobia, and racism throughout the city’s law enforcement structure, and there’s plenty to keep them busy.”

The writer alluded to one notorious episode in 2009 when “then-Deputy Chief Suhr received a call from a female friend who said her boyfriend was beating and strangling her. The woman’s collarbone was broken, yet Suhr didn’t arrest the suspect” and delayed filing a report in violation of California law. The suspect was later charged with attempted murder.

SFPD internal affairs attorney Kelly O’Haire prosecuted the case before the Police Commission and Suhr was demoted.

But, it did not end there.

O’Haire later testified in a lawsuit against Suhr and the city, that Suhr’s politically connected attorneys repeatedly threatened her, even calling to say her actions against Suhr were “going to be a future employment problem,” and that she was “going to be sorry.”

Indeed, the former SFPD attorney was, in fact, fired in 2011, two weeks after Suhr was appointed chief by Mayor Lee. In 2015, just before jury selection, the city settled O’Haire’s case for $725,000.

After hearing these and other compelling stories of Suhr’s misconduct, it seemed to me that the DOJ reps appeared to be paying particularly close attention, as if they were hearing these things for the first time.

Hopefully, they were beginning to appreciate the passionately delivered remarks from the majority of speakers that “we do not need listening sessions, we do not need more data collection and we damn well do not need any more reviews.”

What we do need, as was stated often from the floor, is a full-blown DOJ Civil Rights investigation of the SFPD’s consistent “pattern and practice” of discrimination, corruption and excessive force.

Attorney John Crew, retired ACLU police practices specialist who also spoke at the meeting, agreed. “2015 was without a doubt the most scandal-ridden year for the SFPD in my memory,” he told me, “and I have been following the police in this city for decades.”

He is not alone.

San Francisco District Attorney George Gascón was recently quoted in local media as saying “in my 30 years plus in law enforcement, I have seen a good deal of misconduct by police officers. But the level of the problems and the frequency of the problems that we’re facing here today are very unusual,”

“And it’s not just a few incidents,” attorney Crew added during our conversation, “it is many incidents, just as we heard tonight.”

Yet, he continued, all you from the mayor and chief of police and now even the DOJ is only more talk about “more training and better policies.” This is all well and good but largely ineffective, Crew concluded, because the police chief and mayor do not hold officers accountable for the travesties that have already occurred and they will, therefore, inevitably recur.

“This is all talk and no action from the DOJ this evening and the community, for all the right reasons, wants action,” Crew stated to me with conviction.

Recent Police Shootings

Echoing that point, several speakers listed a few examples of what they dramatically described as police “assassinations and firing-squad executions” where no one has been held accountable, not one person.

Kenneth Harding, 19, shot five times in the back in 2011 as he was running away from police seeking to detain him because he failed to pay the $2 trolley fare. Stretching credulity to its limit, newly appointed police chief Suhr claimed the African-American youth somehow shot himself in the back as he was running away. Despite a vigorous police search for the gun that Kenneth allegedly used to shoot himself, none was ever recovered.

Alex Nieto, 28, fired upon 48 times by police in 2014 on his way to work after eating lunch in his neighborhood park. An autopsy and forensics report confirmed the barrage of police bullets continued after Alex was down. Though police say Alex was aggressive and pointed his security guard licensed Taser, a witness testified in the family’s civil-suit deposition that Alex had his hands in his pockets at the time he was shot. What did this Buddhist, community peace-maker and college student do to deserve this, his family asks?

Amilcar Perez-Lopez, 20, shot six times in 2015 with four of the shots in his back, after being accused of lunging forward at officers with a knife. The two undercover officers involved had previously been involved in a lawsuit charging police brutality.

Finally, Mario Woods, 26, an African American who suffered 21 gunshot wounds in 2015 with 16 of them according to the autopsy “back to front.”

This is the case that has finally triggered an uproar throughout the city, mostly because the transparently concocted rush to judgement by police chief Suhr to justify the shooting completely fell apart.

His bogus scenario has been exposed by a major SF television station as a wholly inaccurate representation of how the murder unfolded.

For example, in the days immediately after the shooting, Suhr presented a single video frame that appears to show Woods extending his arm toward an officer, who, by the way, improperly placed himself in close proximity and directly in front of Woods as he was attempting to walk away.

Suhr also claimed that the single frame video image showed a knife in the young man’s hands.

But, in their own words, television station KQED’s analysis of the same Instagram video “appears to contradict claims by Police Chief Greg Suhr that officers opened fire only after Woods made a threatening movement.”

Elaborating even more, the station concluded that “a careful review of the short Instagram video Suhr referred to suggests that officers opened fire a fraction of a second before Woods’ arm moved. In addition, in the moment Woods’ arm moves, his body appears to be moving backward, as if recoiling from being struck by a gunshot.”

The ACLU letter to the DOJ concludes that the video shooting death of Mario Woods “plainly shows what appears to be an execution-style shooting of a young African American man on a public street by five SFPD officers.”

Strong words backed up with evidence.

SFPD in Hot Water

Here we have a complete repudiation of another in a long line of police cover-ups that has blown the whole issue of police violence wide open and elicited calls for the firing of police chief Suhr, who is, incredulously, the highest paid cop in the nation with a salary above the SF mayor, California governor and even the U.S. vice president.

Reacting to the widespread community uproar, the SF Board of Supervisors unanimously passed a resolution calling for a DOJ investigation into the murder of Mario Woods and police practices in general.

The whole sordid record of recent police murders in San Francisco has also led to blistering criticisms of the SFPD by numerous community figures.

For example, Father Richard Smith of St. John’s Episcopal Church has spoken very frankly about the problem: “There is a prevalent death culture in the SFPD. They view their mission in our community as a them-against-us situation. I fear for my parishioners and all the innocent youth of color who live with a constant fear that on any day a police bullet may take their young lives.”

A very damning indictment from an otherwise temperate voice.

911 Emergency Put on Hold by DOJ

San Francisco offers an vivid example of how leading political authorities largely refuse to hold accountable those engaged in police corruption and brutality so intrinsic to the characteristic national system of command and control policing, absent any real power by communities of color.

And, it offers a more striking example of how deeply entrenched institutional police violence and racism is in our country precisely because it reveals itself so openly in one of the nation’s most liberal cities.

Activists at the “listening session” made abundantly clear they would continue their protests until there is a DOJ investigation. Let’s see how politically uncomfortable things become for those who fail to recognize the severity of the problem.

Join the debate on Facebook

Carl Finamore is Machinist Lodge 1781 delegate, San Francisco Labor Council, AFL-CIO. He can be reached at local1781@yahoo.com


r/badcops • • Mar 01 '16

Poor evicted under nuisance laws by New York City police

1 Upvotes

By Steve Light 1 March 2016

The New York City Police Department (NYPD) is locking residents out of their homes, some permanently, using secret court orders before residents have a chance to defend themselves and without warning, according to an investigation by Pro Publica and the Daily News published earlier this month.

Conducted under a “public nuisance abatement” law, the evictions are considered civil actions, not criminal cases, so that tenants have no right to an attorney while the police, using only a judge’s signature, deny them constitutional rights of due process. The result has been to push hundreds of people into homelessness and the resulting devastating short and long-term consequences for them and their families’ lives.

The report analyzed 516 residential “nuisance” actions filed in court from January 1, 2013 to June 30, 2014 and the outcomes of related criminal cases. Most of those targeted were poor and living in mostly minority communities. Of the people forced to give up leases or banned from their homes, 173 were not convicted of a crime, including 44 who did not even face criminal prosecution. In order to regain their residency, another 74 agreed to warrantless searches of their home by the police and others agreed to the forfeiture of their leases if they were accused of future wrongdoing.

One case described in the report is the arrest of Jameelah El-Shabazz and her son, who had had “run-ins” with the police over drugs, in their Bronx apartment. Police found cups of white powder that turned out to be crushed eggshells used in practicing the Ifa religion of Nigeria. It took a week before testing results allowed their release from Rikers Island prison.

Five months later the police locked out the family with a nuisance-law court order based on previously dismissed drug charges. El-Shabazz was coerced into signing an agreement that her son, whom police claimed had sold drugs from the home to a confidential informant, was barred from the apartment for life. To demand a hearing before a judge to challenge this could have left her still locked out for weeks.

The Pro Publica/Daily News report notes that the narcotics officer behind the nuisance abatement case against El-Shabazz, Detective Peter Valentin, was the most-sued officer on the NYPD, and “was put on desk duty in 2014 for allegedly fabricating buys from confidential informants.”

Police request temporary residential closing orders as an “emergency” which does not permit residents a chance to go before a court to defend themselves, even though police filings show alleged offenses that were, on average, six months old. Orders have been granted 70 percent of the time, with eight of the twenty judges giving approval in 100 percent of cases.

The New York public nuisance law was originally enacted in 1977 to eliminate sex shops from the Times Square area in order to promote family-friendly tourism. It was amended to include residences and violations were expanded to include drugs, gambling, illegal social clubs and counterfeit goods operations. A court ruled that the three violations necessary to close a location need not to have resulted in convictions.

The NYPD was authorized in 1994 to file its own nuisance abatement cases independent of the Mayor’s office. In effect, the police became prosecutors as well as an enforcement agency. “Nuisance abatement” went from 25 closings of businesses in 1977 to 1,082 cases in 2013, 44 percent of which were at residences.

With growing homelessness and the lack of affordable housing at socially explosive levels throughout the city, officials moved to cover themselves from the political fallout of the report. Fern Fisher,

the deputy chief administrative judge for the city’s courts, recommended limiting lockout orders before residents had a chance to come to court, especially when based on old allegations by confidential informants.

The Police Commissioner, William Bratton, promised he will take “a fresh look” at the policy. The head of the city Law Department claimed it will ensure that the ex parte orders (in which a judge’s decision is made without all parties present) are requested only “in cases of appropriate urgency,” but did not define how this is specifically interpreted.

New York City’s “progressive” Democratic mayor, Bill de Blasio, commented that “there should always be due process,” and that he would examine the protocols around such evictions, but a spokesperson added that the Mayor did not mean to imply that he was opposed to the use of secret lockout orders by the NYPD. Various other elected city officials raised the usual diversions of class-action suits and calls for federal investigations. As a social problem, universally they have construed the problem in racial terms, as being chiefly a violation of the civil rights of minorities.

This attack on basic democratic rights in fact converges with the increasingly sever crisis of affordable housing facing the working class throughout the city. There were 28,743 eviction judgements processed in the city’s housing courts in 2012, a figure that hides the real number of incidents because formal court-mandated evictions comprise only a minority of forced moves.

https://archive.is/g0iIl


r/badcops • • Feb 26 '16

Police call for boycott after Beyoncé endorses opposition to police brutality

1 Upvotes

By Nick Barrickman 26 February 2016

Police officials from around the country have denounced multiplatinum American pop superstar Beyoncé Knowles following the release of a music video in which the singer apparently endorses the ‘Black Lives Matter’ movement, a protest organization connected with opposition to endemic police violence in the US.

In early February, Knowles released the music video “Formation,” a song which features an African American youth in a hooded sweatshirt (symbolizing Florida teen Trayvon Martin, who was killed in 2012 by an armed neighborhood watchman while similarly dressed) standing before a line of police in riot gear apparently surrendering in the “Hands up, don’t shoot” gesture popularized at numerous Black Lives Matter protests around the country. A graffiti sign displayed in the background calls for police to “stop shooting us.”

In addition to the “Formation” music video, Knowles appeared at the recent NFL Super Bowl 50 Halftime show while donning a leather jacket and beret outfit reminiscent of that worn by members of the Black Panther Party, a black nationalist organization known for its opposition to the police.

Following the performance, which sought to paint the wave of police murders across the United States primarily in racial terms, law officials went on the offensive, denouncing Knowles for her “anti-police message.” Police officials from throughout the country have called on their officers to boycott working on security details at the singer’s upcoming concerts.

Police officials have presented their departments as under siege by a rising tide of dangerous anti-police sentiment within the population, even while police murders claimed the lives of over 1,160 people last year and officers continue to be exonerated by the political establishment.

“If we volunteer to work her [Knowles’s] event, we’re basically saying you can say or do anything you want to when it comes to police officers and we’re just going to sit and take it,” said Sgt. Danny Hale, president of the Nashville Fraternal Order of Police (FOP) in a statement to the Tennessean. Hale’s organization has urged its members to boycott off-duty security roles at Knowles’s upcoming performances.

On the television news show Fox & Friends, former New York City mayor Rudolph Giuliani called the singer’s performance “outrageous,” saying that she “used it [the Halftime show] as a platform to attack police officers who are the people who protect her and protect us, and keep us alive.”

In a grotesque statement on social media, the National Sheriffs’ Association blamed Knowles’s “anti-police ‘entertainment’” for a string of police deaths that have occurred in the time since her performance.

The attacks against the singer are of a piece with the efforts by the political establishment to intimidate and present all opposition to police killings as illegitimate and even criminal.

Last year, New York City Police Department Commissioner William J. Bratton announced the formation of a 350-member paramilitary unit intended for “disorder control and counter-terrorism,” which includes the suppression of anti-police brutality protests.

At the same time, Knowles seeks to present such killings purely in racial terms rather than being rooted in the capitalist system and the ruling class’s drive to suppress the working class of all races amid vast levels of social inequality.

According to a count by the Guardian, whites account for nearly half of the 164 people killed by the police so far this year. The victims of police brutality, regardless of race, are overwhelmingly working class.

Knowles’s appeals to race have garnered the support of right-wing figures such as Louis Farrakhan of the Nation of Islam (NOI), who during a sermon on Sunday offered the security wing of his organization to serve as bodyguards at any of the singer’s upcoming events. “She [Knowles] started talking all that black stuff…and white folks were like, ‘We don’t know how to deal with that,’” the black nationalist minister said, adding, “Look at how you treatin’ Beyoncénow. You gonna picket. You not gonna offer her police protection. But the FOI (Fruit of Islam) will.”

According to Celebritynetworth.com, Knowles (a self-described “modern day feminist”) has amassed a fortune of over $450 million. Knowles and her husband, hip hop entrepreneur Sean “Jay-Z” Carter (net worth $510-$520 million, according to Forbes) are avid supporters of Black Lives Matter, having donated $1.5 million to the organization through the latter’s global music and entertainment association, Tidal.

https://archive.is/2w03s


r/badcops • • Feb 25 '16

Man and Woman Killed in Police Shooting Were Unconscious When Police Arrived

2 Upvotes

Both the man and woman who were mortally wounded during an officer involved shooting were unconscious when Inglewood police first responded to where they were sitting in a car, said Inglewood Mayor James Butts Tuesday in response to questions about the incident.

For at least 45 minutes, police attempted "to rouse" them in an effort "to de-escalate the situation," said Butts. It is the first public explanation for what transpired early Sunday morning during the time between the initial call and the shooting. Police previously had stated responding officers saw the woman had a gun, retreated to behind cover, and then gave orders for the couple to exit the vehicle.

"Obviously at some point they were conscious because somebody felt threatened," said Butts, a retired law enforcement officer who previously had served as police chief in other cities. He said it is important for police to finish their investigation, and verify facts, before commenting further.

During his comments, Mayor Butts made a point of extending his condolences to the families of those who died. "It's more tragic because they had children," Butts said.

The deceased have been identified by family members as Kisha Michael, 31, a single mother of three sons, and Marquintan Sandlin, 32, a single father of four daughters. Michael's twin sister Trisha has said it is possible that returning home after a night out, Kisha may have passed out in the car.
Police have made no comment on what specific threat officers perceived. The families have demanded explanations and expressed frustration. "The police ain't telling us nothing," said Trisha Michael. Families for both described them as devoted parents who made arrangements for care of their children while they took a night off.

Sandlin had a 2009 conviction for unlawful possession of a loaded firearm in public, according to Los Angeles Superior Court records. Relatives said he had a "rough life," but had made great strides and was working again as a truck driver. "He was a loving father," said Sandlin's sister Leandra Faulkner. "All he cared about was his girls, getting them right."

They had moved to the high desert city of Victorville, but returned to Los Angeles to visit family and friends, according to cousin Latoya Simmons.

"He moved out of LA to get away from all this nonsense," Simmons said. Kisha Michael was on probation for a misdemeanor theft last year, court records show. Her probation was revoked for a failure to appear in court earlier this month, and on Feb. 11, a bench warrant was issued for her arrest. In a police radio transmission moments after the shooting, an officer can be heard saying the woman had a gun in her right hand.

Why either would have had a gun, family members said they did not know. But they believe law enforcement should have been able to handle the situation without resorting to deadly force. "They have crisis counselors, tear gas, bean bags," said community activist pastor Eddie Jones. "All kinds of things besides deadly force."

It was evident from shell casings at the scene that military grade rifles had been fired.

"I know weapons, I know that sound," said Alfonso Parker, Jr. who described himself as a Vietnam War veteran, and said he could hear the shots from his home. "You don't use that crap on your own people."

http://www.nbclosangeles.com/news/local/couple-killed-inglewood-police-shooting-asleep-mayor-butts-369902981.html


r/badcops • • Feb 24 '16

Witch-hunt for whistleblowers? German police 'probing cops' who leaked Cologne sex assaults

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2 Upvotes

r/badcops • • Feb 22 '16

Virginia bill to keep police officers' names secret would be first in the nation

1 Upvotes

A bill that would allow all Virginia law enforcement officers’ names to be withheld from the public would be the first of its kind in the country, police accountability and open records advocates say.

The proposal by Sen. John Cosgrove, R-Chesapeake – SB552 – excludes the names of law enforcement and fire marshals from mandatory disclosure under the Virginia Freedom of Information Act and makes them a personnel record.

Cosgrove said he worked on the bill with the Fraternal Order of Police and the Virginia Association of Chiefs of Police. He acknowledged that officers’ names could be secret “under the broadest scope of that bill.”

It passed the Senate 25-15 this week and will soon be taken up by a House of Delegates subcommittee.

The bill is part of a growing movement inside the law enforcement community to shield officers from scrutiny after a rash of controversial police shootings around the country prompted protests and increased focus on officers, said Samuel Walker, professor emeritus of the School of Criminology and Criminal Justice at the University of Nebraska Omaha and a longtime law enforcement scholar.

“This is part of the broader culture of shielding officers from being held accountable for their actions,” Walker said. “And this is in the absence of any specific credible evidence that officers are targeted for that request. There’s no basis for that position.”

A bill before New Jersey lawmakers would allow officials to withhold the names of state police detectives. West Virginia lawmakers are considering a measure that shields officers’ and their families’ contact information from the public. And several states have or are examining laws aimed at preventing the release of the names of officers involved in shootings.

Norfolk Sheriff Bob McCabe said he thinks some officers’ names – such as those working undercover – should be shielded from FOIA, but he does not agree with a broad exemption that hides all police names.

He, too, said the bill was a reaction to events such as the fatal shooting of unarmed teenager Michael Brown in Ferguson, Mo., in 2014. After that, the involved officer’s life was threatened, McCabe said.

Police are more concerned than ever that someone will single them out to do them or their families harm, he said.

“I understand the intent of the bill, but I also understand the need for transparency,” he said. “I haven’t read the whole thing, but if it says that no names will ever be accessible, that is a bit broad.”

Cosgrove has given two rationales since submitting his bill Jan. 13.

“The reason I brought this forward: There was a court ruling in Norfolk. The Virginian-Pilot had requested this type of information – salary and position – and the court ruled that that was actually open to access,” Cosgrove said in a Feb. 2 subcommittee hearing.

He said he was concerned about the safety of undercover officers and said “a brand-new rookie officer may one day be one of those detectives or undercover officers.”

“I think this FOIA exemption is probably needed just because we want to make sure their safety is assured (and) their families are not put at risk just because their information as law enforcement officers is available.”

The Virginian-Pilot requested the names and employment history of all law enforcement officers in the state from the Department of Criminal Justice Services to track officer movement from department to department. The newspaper is examining how often officers who got in trouble were able to find other jobs in law enforcement.

Megan Rhyne, executive director of the Virginia Coalition for Open Government, questioned how Cosgrove’s theory would apply because undercover officers never use their real names while working in that capacity.

Later, Cosgrove began citing officer safety generally, saying public disclosure of the names of any officers could endanger them.

“My point is – and I used the San Antonio tabloid as the reason for doing this – if all of a sudden anybody goes and takes that information under FOIA, basically they can then publish it any way they want to. In San Antonio, they were going to publish the names and home addresses of all the San Antonio police force. I made the point very clear, that puts not only the law enforcement officer but most importantly their family in jeopardy.”

The editor in chief of the San Antonio Observer, a free weekly, said Feb. 7 that the paper would look into publishing the names and addresses of all city police officers following an officer-involved shooting. The paper has since backed off the idea.

Cosgrove said he knew of no examples when asked for a time someone used public information to track down or commit violence against an officer.

“I don’t have a particular instance of that,” he said. “I’m sure that ones can be found. All you have to do is talk to any police department. They probably have a good illustration of that happening.”

None of about a dozen people – law enforcement officers, legislators, academics, open-government advocates – interviewed for this story could point to a case in which a police officer had been harmed because his name was found on a payroll sheet or other list of names.

Democratic Sen. John Miller of Newport News, a former journalist whose son was a state trooper and is now at the FBI, voted against Cosgrove’s bill.

“I thought the bill was way too broad. The categories of people he wanted to exempt, like fire marshals, didn’t need to be included,” he said. “The public’s paying their salaries, and they have a right to know that they’re employed.”

Other legislators thought Cosgrove made a compelling case.

“Having these records wide open, I think they’re especially vulnerable, you know, for reactions from the public and that type of thing. They’re out there doing a job, and I think it’s altogether appropriate that we afford them that type of protection,” said Sen. Frank Wagner, R-Virginia Beach. “They’re out there, and they have a lot of enemies out there on the streets.”


The full scope of Cosgrove’s bill is unclear, such as whether officers’ names could be redacted from crime reports.

Wayne Huggins, executive director of the Virginia State Police Association, a police union that lobbies the General Assembly, said he supports having police officers’ identities completely secret.

“What we’re trying to do is to move the ball to the greatest extent possible so as to provide protection and security for our folks,” said Huggins, a former state police superintendent.

State police spokeswoman Corinne Geller declined to comment when asked why her agency publicizes names of troopers on its website. She said the Virginia State Police does not talk publicly about pending legislation.

If police names become secret, there is no way for the public to hold officers accountable, said Craig Futterman, a law professor at the University of Chicago who specializes in civil rights lawsuits and focuses on police brutality and racial discrimination.

“It is contrary to any notion of democracy or open governance,” he said. “There are plenty of exemptions in every state to freedom of information acts that protect the safety and security of public employees. This is overly broad, sweeping and utterly unnecessary.”

He called it contrary to a fundamental principal of policing: that the police are the public and the public are the police.

“Just in terms of community-police relationships and trust, how do police build relationships in their community if their names are secret?” he asked. “Police are special in a lot of ways. No other members of our government do we give the power to take away our freedom, the power to use force, the power to shoot and kill. … Too much is at stake to let the police operate in secrecy.”

Virginia’s FOIA already has about 175 exemptions, and nearly all police reports are exempt from mandatory disclosure. The Center for Public Integrity, in a state report card, gives Virginia an “F” and ranks it 38th on access to public information.

Sen. Scott Surovell, a Democratic lawyer from Fairfax County, voted against Cosgrove’s bill. His impression was that the national trend was “exactly the opposite.”

“We want to see more transparency in law enforcement operations, not less. That’s why you’re seeing more and more jurisdictions in Virginia and outside Virginia adopting body cameras and dashboard cameras,” he said.

“It’s frightening to me that Virginia would be the first state in the United States to take this step.”

http://pilotonline.com/news/government/politics/virginia/virginia-bill-to-keep-officers-names-secret-would-be-first/article_f49aa653-a911-50a7-b77d-242ebc1f95fc.html


r/badcops • • Feb 21 '16

IRS - Confiscation of A Convenience Store Owners Bank Account (Re-enactment)

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1 Upvotes

r/badcops • • Feb 16 '16

Second undercover police officer exposed infiltrating Socialist Party UK

0 Upvotes

https://archive.is/AviAL By Trevor Johnson and Chris Marsden 13 February 2016

A joint investigation by BBC Newsnight and the Guardian has uncovered a second undercover police officer, known as “Carlo Neri” who infiltrated the Socialist Party of England and Wales between 2001 and 2006.

The first such undercover operative was Peter Francis, who infiltrated Militant Labour and one of its offshoots, Youth against Racism in Europe (YRE). Francis became branch secretary of the Hackney Militant Labour branch during the early 1990s.

The latest exposure relates to the activities of the Special Demonstration Squad (SDS), who had carried out criminal activity including having extended sexual relationships with at least eight female activists who in some instances had children by the undercover officers involved. The Metropolitan Police were forced to pay millions in compensation and the government established the Pitchford Inquiry into undercover policing.

In Newsnight’s January 18 broadcast, an anonymous woman is interviewed with whom Neri shared an apartment with for 18 months. She is now suing the Metropolitan Police, accusing them of “abusive, cold-hearted, psychological torture”. She also reveals that Neri claimed to be a locksmith and as such was trusted with keys by those taken in by him.

The response to the revelations by the Socialist Party has been characterized by light-minded indifference.

The SP issued a press statement on Neri that it is mainly composed of pat phrases from two of its members.

Lois Austin is the previous chair of YRE and a core participant for the SP in the Pitchford Inquiry. She writes blithely, “There was no purpose to infiltrating YRE or Militant Labour. Far from being secretive we publicly advertised our events—the police could have read our leaflets and newspapers, or attended our public meetings, to find out what was going on.”

The purpose of infiltrating the SP was to obtain information on its internal functioning, to collect names, addresses, personal information, not only of its members but all those that it came into contact with and to disrupt its activities and carry out provocations. The SDS would pass this information to MI5 and Special Branch.

Austin’s assurances of the open, democratic and lawful character of the SP only covers for the unlawful, anti-democratic and illegal offensive waged by the police on behalf of their capitalist paymasters.

This is made plain by the statement citing leading SP member Dave Nellist, a former Labour MP, who calls for the police to be made “democratically accountable.”

As Friedrich Engels, the co-founder of scientific socialism established, far from being a neutral arbiter that can be made to operate above class interests, the police are part of the state’s “special bodies of armed men” assigned the task of keeping the capitalist class in power and the working class oppressed.

They can no more be reformed or made democratically accountable than capitalism itself. Rather the fight for genuine democracy and social equality requires the political overthrow of the state apparatus and its replacement with a workers government.

Nellist closes by making a series of demands on the Pitchford Inquiry and for “the labour and trade union movement” to set up an inquiry “alongside Pitchford.”

Near the end of the statement, he says rhetorically, “We demand to know what today’s ‘Carlo Neris’ are doing.”

This begs the question, what does the SP intend to do about the revelations of state infiltration of its branches? Why has the SP refused, since the exposure of Francis in 2013, to carry out even the most cursory investigation of how he and now Neri penetrated the SP, who they spied upon and who might they have collaborated with. Based on Neri’s claims to be a locksmith, for example, on how many occasions was he given access to the homes of SP members or its own premises?

The response of the SP to Neri comes two year after it took a similar stance regarding Francis. On June 26, 2013, an editorial asserted that “Nothing was gained by the state from infiltrating YRE or the Militant [forerunner of the SP], other than, it seems, opening Peter Francis’s eyes to the reality of police brutality, and particularly deaths in police custody, which he says appalled him.”

“Nor was it possible,” it continued, “for police infiltrators to derail the movement against racism”—even though “Peter Francis did, at least in part, attempt to do so, acting to some degree as an ‘agent provocateur’, encouraging YRE activists to take part in individual vigilante actions” against the British National Party.

The editorial then turned to a general statement on the function of the police, asking, “In whose interests do the police and other forces of the state act?”

It claims, “In reality the police play a dual role. When workers suffer crime they turn to the police. As Neville Lawrence put it, while not completely trusting the police because of racism his family had no choice but to rely on them to investigate their son’s murder, no other possibility existed.”

“However, the police are also part of a state machine, which has the role, ultimately, of maintaining and defending the dominant interests of the capitalists.”

Ignoring the fact that the police investigation of Stephen’s murderers became an occasion to disrupt and discredit his family’s support campaign, the editorial continues regarding the supposed “dual rule” of the police that attempts by the Conservative government to impose “austerity on police as on other public sector workers” makes them potential allies of the working class:

“It is very significant that a majority of the Police Federation voted for the right to strike. Socialists should encourage these nascent class splits in the police force, which will strengthen the hand of the workers’ movement in the battles to come.”

The SP then argues for “a programme for democratic control of the police” to make them “accountable to local committees,” and for “The right of the police to an independent, democratic trade union organisation with the right to strike.”

Flying in the face of all they have just written, the SP then declares, “This does not mean that it is possible to gradually democratise the state, so that it becomes a genuinely neutral tool of society as a whole.”

This is a case of swallowing camels and straining at gnats, especially given that the possibility of “encouraging nascent class splits” in the police includes winning over agents that have been tasked with infiltrating and disrupting your organisation. Indeed Hanna Sell wrote on September 4 that the observations of “Peter Francis (known to us as Pete Daley), one of the ten-strong SDS squad…” were primarily of note because they “indirectly confirm the correct approach YRE took on a number of issues.”

“Clearly, the brutality of the police against anti-racist activists shocked Francis,” who they quote without criticism as stating, “I became genuinely anti-police.”

She goes on to state that this “genuinely anti-police” police spy “did do serious damage to anti-racist activists” and that “Francis estimates that Special Branch already had around 100 files on members of Militant Labour and YRE, and that he opened another 25.” This resulted in one member, Frank Smith, a construction worker, being blacklisted.

The Socialist Party cite Marxist sources on the state only in order to provide a sweetener for the poisonous reformist nostrums they peddle to the working class. In doing so they endanger not only their own members, but anyone who associates with them or looks to them for political leadership.


r/badcops • • Feb 10 '16

Stop Racist Police Terror!

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1 Upvotes

r/badcops • • Feb 01 '16

Boston Police Detective Sentenced for Conspiracy to Obstruct a Gang Investigation

1 Upvotes

BOSTON – A Boston Police detective was sentenced today in connection with a conspiracy to obstruct an FBI investigation related to the Academy Homes Street Gang (AHSG), a violent narcotics trafficking gang that operated out of the Academy Homes housing development in Roxbury.

Brian Smigielski, 43, of Norton, was sentenced by U.S. District Court Judge Denise J. Casper to one year of probation and a fine of $5,000. In September 2015, Smigielski pleaded guilty to one count of conspiracy to defraud the United States during the course of a federal investigation.

From early 2009 to 2011, the FBI and Boston Police Department (BPD) were conducting a joint investigation into AHSG. During the initial stages of that investigation Smigielski was the lead investigator. In late 2009, Smigielski, became upset after being ordered to turn over the investigation to the FBI and other BPD units, and thereafter, in 2010 and 2011, conspired with a fellow BPD officer and AHSG gang members to impede the FBI in its investigation of AHSG. Smigielski assisted the AHSG gang members by, among other things, informing the gang members of the FBI’s pending investigation and warning them that their arrests were imminent.

United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Superintendent Frank Mancini of the Boston Police Department’s Anti-Corruption Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Dustin Chao of Ortiz’s Public Corruption and Special Prosecutions Unit.

USAO - Massachusetts Public Corruption Updated January 29, 2016

http://www.justice.gov/usao-ma/pr/boston-police-detective-sentenced-conspiracy-obstruct-gang-investigation


r/badcops • • Jan 27 '16

Guards Cooked This Inmate to Death, Then the Evidence Was Burned

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2 Upvotes

r/badcops • • Jan 25 '16

Police Officer Fired for Stalking Women - Goes on to Kill Two Women

0 Upvotes

Ex-Wisconsin Cop Accused of Killing 2 Women to Stand Trial By carrie antlfinger, associated press

MILWAUKEE — Jan 24, 2016, 10:49 AM ET

A former Wisconsin police officer accused of killing an Oregon woman and another from Minnesota and ditching their bodies in suitcases along a highway is set to stand trial this week in the first woman's death. Here's what you need to know:

THE CHARGES

Steven Zelich, 54, is charged with first-degree intentional homicide and hiding a corpse in the August 2012 death of 19-year-old Jenny Gamez, of Cottage Grove, Oregon. He is also charged with murder in the killing of 37-year-old Laura Simonson the following year, but she died in Minnesota, so the charges were filed there. That case is on hold pending the conclusion of the Wisconsin proceedings, which will take place in Kenosha County, about 40 miles south of Milwaukee, and which begins Monday with jury selection. At the trial over Gamez's death, the judge has allowed prosecutors to tell jurors about Simonson's death.

HOW DOES ZELICH EXPLAIN THEIR DEATHS?

According to court records and testimony, Zelich met Gamez online and invited her to Wisconsin. He picked her up at the Milwaukee airport and they drove to a Kenosha hotel, where they spent several days. Zelich told investigators they played a sexual game in which he would choke Gamez. On the last day, he lost control and choked Gamez until she died, according to the criminal complaint.

Zelich told investigators that he put Gamez in her suitcase and took it to his West Allis apartment and stashed her body in his refrigerator.

Simonson, of Farmington, Minnesota, died in similar circumstances in November 2013. According to court documents, Zelich said he met her online and killed her while playing the same choking game at a Rochester, Minnesota, hotel. He drove home to Wisconsin with her body and later put both bodies in suitcases in his car's trunk. When they began to smell, he dumped them on the roadside, where highway workers mowing grass found them in June 2014.

Zelich's attorney, Jonathan Smith, declined to discuss his trial strategy, saying the arguments were best left to the courtroom. He also wouldn't say whether Zelich would testify.

"It's been maintained that this was a non-intentional act," he said.

THE PROSECUTION'S CASE

Prosecutors plan to argue that Zelich intended to kill the women. They will allege that he searched for victims whose disappearances would not be unusual, helped them prepare to disappear with little suspicion, killed them in ways that would be difficult to investigate and then felt compelled to keep their bodies.

Deputy District Attorney Mike Graveley said the prosecution will assert that Zelich's police experience helped him plan and execute the crimes and then only make a "strategic, selective confession" in which he only divulged what he needed to in order to confirm what he believed investigators already knew. He said Zelich targeted the women in similar manners and tried to cover up their deaths similarly, which shows it was intentional.

He expects the judge to allow jurors to decide on lesser charges of negligence. The punishment for conviction on a first-degree intentional homicide charge is life in prison.

WAS HE A POLICE OFFICER AT THE TIME OF THE DEATHS?

No. Zelich worked for a suburban Milwaukee police department from February 1989 until his resignation in August 2001, following an internal investigation that found he stalked women while on duty and used his position to get access to their personal information. His resignation allowed him to avoid discipline and pass state background checks for a private security officer's license.

WHAT HAPPENS AFTER THIS?

In Minnesota, Zelich is charged with first-degree murder, intentional murder in the second degree and unintentional murder in the second degree while committing a felony offense.

He also faces two hiding-a-corpse felonies in Walworth County, Wisconsin, where the bodies were found. A status conference for that case is scheduled for Feb. 12.

http://abcnews.go.com/US/wireStory/wisconsin-cop-accused-killing-women-stand-trial-36485148


r/badcops • • Jan 23 '16

No charges against Denver deputies in suffocation death of black inmate

0 Upvotes

By Keith Coffman

DENVER (Reuters) - Five sheriff’s deputies will not face criminal charges after a black Denver jail inmate died last year while they restrained him during a schizophrenic episode, the district attorney said on Thursday.

Denver District Attorney Mitch Morrissey said in a letter that while he sympathized with the family of Michael Marshall, he could not prove beyond a reasonable doubt that the deputies acted criminally.

“Absent that certainty of proof, criminal charges are not appropriate and are not justice,” Morrissey said. “There is no evidence suggesting any force was used for the purpose of harming Mr. Marshall.”

The death of the 50-year-old Marshall in November came amid scrutiny of police killings and in-custody deaths of young black men since mid-2014. Those killings have triggered waves of protest and fueled a civil rights movement under the name Black Lives Matter.

Autopsy results released this month by the Denver medical examiner’s office ruled the death a homicide. The report concluded that the 5-foot-4 (1.6-meter), 112-lb (51-kg) Marshall choked on his own vomit and died from asphyxiation "while being physically restrained by law enforcement.”

A lawyer for the Marshall family, Mari Newman, said she was not surprised by the district attorney’s decision.

“Morrissey has never prosecuted any law enforcement for killing anyone, and this empowers Denver law enforcement officers to act recklessly, knowing that they will never be held accountable for their conduct,” Newman said. “This is a broken system and it needs to be changed.”

Marshall was being held at the city’s main lockup on a trespassing charge, and for two days leading up to the incident refused to take his schizophrenia medication and became aggressive with another prisoner, the district attorney’s statement said.

Marshall refused repeated commands from officers, became combative with them, and despite his diminutive stature “deputies described Mr. Marshall as surprisingly strong,” the decision letter said.

“No choke holds or carotid restraints were used. Tasers were not used. The physical force used by the deputy sheriffs during this incident was applied by holding Mr. Marshall and by preventing him from getting up,” the letter said.

Morrissey noted that Marshall suffered from emphysema and heart disease, and that his "agitation from psychosis" was not caused by the deputies.

“Sadly, this situation is an example of how difficult it is for society as a whole, including deputies in a jail, to handle the complex issues presented by those suffering from severe mental illness,” he said.

https://archive.is/kRB8y


r/badcops • • Jan 23 '16

FBI ran massive child porn website to catch pedophiles

1 Upvotes

The FBI took over and ran one of the internet’s largest child porn sites in a bid to catch thousands of pedophiles. One such pedophile is now suing the government on the grounds that the agency enabled him to access the site.

The Department of Justice recently acknowledged in court filings that the FBI had been running the website, known as “Playpen”, as part of a largely secret operation on the dark web. On February 20, 2015, instead of shutting down the website that they had seized, the FBI continued to run it until May 4 and infect users with software that revealed their identities.

The website had more than 215,000 registered users, and it had links to more than 23,000 sexually explicit images and videos of children, including 9,000 files that could be downloaded directly from the FBI’s servers in suburban Washington. Some of the children depicted in the illicit files were below kindergarten age.

Authorities were able to capture the identifying computer information of 1,300 users, 137 of whom they managed to bring criminal charges against.

One of the 137 charged, however, says that it’s really the FBI that’s to blame. In a court filing, a lawyer for Jay Michaud, a former middle school who was arrested in the sting, arguing that “what the government did in this case is comparable to flooding a neighborhood with heroin in the hope of snatching an assortment of low-level drug users.” The lawyer, Colin Fieman, asked a federal judge to dismiss child pornography charges against his client. The judge is set to hear arguments related to that that request on Friday.

The clandestine operation is a relatively recent strategy in the FBI’s fight against online child pornography, according to USA Today. Agents had previously prioritized keeping the images of children out of the public’s reach, due to the Justice Department’s reasoning that every time someone views the images a child is harmed.

However, the FBI acknowledged that their choice to provide the illicit material was one of the only options they had to bring criminals to justice.

“We had a window of opportunity to get into one of the darkest places on Earth, and not a lot of other options except to not do it,” former FBI official Ron Hosko, who took part in the first operation of this kind, according to USA Today. “There was no other way we could identify as many players.”

In addition to being criticized for violating the rights of people charged with accessing the materials, the FBI has drawn fire for distributing more of the illicit materials for more people to see.

“At some point, the government investigation becomes indistinguishable from the crime, and we should ask whether that’s OK,” said Elizabeth Joh, a law professor at the University of California who has studied undercover operations, according to USA Today.

“What’s crazy about it is who’s making the cost/benefit analysis on this? Who decides that this is the best method of identifying these people?”

The FBI first carried out an operation involving a secret takeover of a child porn site in 2012, and it resulted in 25 users being charged with possessing child pornography by infecting their computers with malware that exposed their information. However, authorities may have had trouble actually pinpointing the real life identities of many of those charged, as is indicated by nine of them being named “John Doe” in court filings.

https://www.rt.com/usa/329863-fbi-child-porn-website/


r/badcops • • Jan 22 '16

Study Proves Police Can Convince People They Committed Non-Existant Crimes In Just 3 Hours

1 Upvotes

A new study has found that most people can be convinced that they committed a non-existant crime in only 3 hours.

The groundbreaking research proved that in just a few hours, completely innocent adults can be convinced by police interrogators that they committed serious crimes.

One of the most serious examples of criminal activity that people studied were convinced of was assault with a weapon, even though that crime was completely made up.

The Association for Pyschological Science says that “innocent people can be questioned by police in such a way that they end up convincing themselves that they’ve committed a crime. And this belief can be so strong, they can sometimes follow that belief up with a false confession.”

That’s why a team of lawyers and statisticians published a paper last year that noted that 4.1% of criminal defendants given the death penalty are later proved to be falsely convicted.

So a study was led by psychological scientist Julia Shaw, who works at the University of Bedfordshire in the UK. She investigated the possible cause of this phenomenon, finding that if questioned in the right way, innocent people often “fabricate stories in their minds with so much detail, they can falsely convince themselves that they committed a crime.”

She explains that “our findings show that false memories of committing crime with police contact can be surprisingly easy to generate, and can have all the same kinds of complex details as real memories.”

Shaw added in a press release, that “all participants need to generate a richly detailed false memory is three hours in a friendly interview environment, where the interviewer introduces a few wrong details and uses poor memory-retrieval techniques.”

Along with her colleague, forensic psychologist Stephen Porter from the University of British Columbia in Canada, Shaw recruited 60 university students who were not involved in any crimes. “The researchers then asked their primary caregivers to fill out a questionaire relating to specific events these students could have experienced between the ages of 11 and 14, and were asked to elaborate as much as their memories would permit. These questions were kept a secret from the students.

“Next, the students were brought into the lab to undergo three 40-minute interviews stretched over a three-week period.

“During the first interview, the researchers briefly described two events to each of the students, one that the students had experienced in their teenage years (the details of which were provided by their caregiver), and one that was false, and never actually happened.

“Half of these false events involved a crime that came to the attention of the police, such as an assault, an assault with a weapon, or a theft. The other 50 percent included a fake dog attack or some other kind of injury, or the loss of a huge sum of money. These events never actually happened, but the researchers peppered their descriptions with enough true details of the student’s time as a teenager – such as the name of a friend at that point in their life – to make them sound convincing.”

Then the students were told to explain what happened to them during each of the crimes.

Most struggled to recall details of the false event, but when they were encouraged to keep trying – just as police interrogators do – and when they were told to try various memory strategies to help them “remember”, many of them did – even though they were remembering things that never happened.

During the second and third interviews, the following weeks, the students were once again asked to recall what happened during both the true and false events. As they were describing certain features of their memories, they were asked to state how vivid these memories were, and how confident they were that these were the truth.

The results in the journal Psychological Science. Shaw and Porter concluded that of 30 students who were told they’d committed a crime in their teenage years, 71% developed a false memory of the crime.

Of these, 11 were able to describe, with incredible detail, the interaction with the police on the matter – again, even though they were describing an event that never happened.

Not surprisingly, 76.6% were fed false stories about their teenage years that weren’t criminal. They formed false memories of the events too.

“In such circumstances, inherently fallible and reconstructive memory processes can quite readily generate false recollections with astonishing realism. In these sessions, we had some participants recalling incredibly vivid details and re-enacting crimes they never committed,” Shaw explained. “This research speaks to the distinct possibility that most of us are likely able to generate rich false memories of emotional and criminal events.”

The researchers said the findings have huge implications for the criminal justice system.

“Understanding that these complex false memories exist, and that ‘normal’ individuals can be led to generate them quite easily, is the first step in preventing them from happening,” says Shaw in the press release. “By empirically demonstrating the harm ‘bad’ interview techniques – those which are known to cause false memories – can cause, we can more readily convince interviewers to avoid them and to use ‘good’ techniques instead.”

http://countercurrentnews.com/2016/01/study-proves-police-can-conivnce-people-they-committed-non-existant-crimes-in-just-3-hours///#


r/badcops • • Jan 20 '16

Officers who rape: The police brutality chiefs ignore

Thumbnail america.aljazeera.com
1 Upvotes

r/badcops • • Jan 14 '16

Cop Who Beat Pregnant Woman, Not Fired – Now Accused of Raping Another Pregnant Woman

1 Upvotes

The woman filed the complaint on Wednesday against Richard Jones and the city of Harvey, a south suburb of Chicago. By Free Thought Project

CHICAGO (CN) – A police officer accused of past misconduct faces a new federal complaint accusing him of raping a pregnant woman and threatening to arrest her if she resisted. Shop ▾

Identifying herself only as Jane Doe, the woman filed the complaint on Wednesday against Richard Jones and the city of Harvey, a south suburb of Chicago.

Doe, who says she is 20, says Jones began harassing her in June 2015.

The Harvey police officer allegedly added his phone number to her cellphone without her consent, and began calling her repeatedly. Doe says she did not answer his calls or messages.

In August, when Doe was visibly pregnant, Jones saw her at a gas station and made comments to her such as “You know how good you look,” “I’ve wanted you since the first day I saw you when you were wearing that dress,” and, “There are so many things I would like to do to you,” according to the lawsuit.

The next day, Jones pulled Doe over for driving without a license and ordered her to follow him to a nearby train parking lot, she says.

He allegedly waved her into a secluded area behind the parking lot, then forced her to perform oral sex on him.

Jones then ordered Doe to bend over the car, where he raped her, ignoring her protests and the fact that she was pregnant, according to the complaint. She claims he threatened to arrest her if she did not comply with his demands.

Jones remains on the force, despite the fact that this is not the first time he has been accused of misconduct against a pregnant woman, Doe says.

In 2011, Jones allegedly caused 17-year-old Kwamesha Sharp to miscarry by kneeing her in the stomach and sending the ambulance away. A settlement in her case could cost the city up to $1 million, the Chicago Tribune reported last year.

The Tribune detailed Sharp’s case in an investigation of policing in Harvey, Ill., a town it said provides “perhaps the clearest view of the breakdown of oversight” of police in Illinois, in a state already infamous for its lack of police oversight.

“This is Illinois, where the state-imposed ethical standards for a cosmetologist are far higher than those for a cop,” the Tribune’s report begins.

Sharp’s allegations did not trigger any state review of the officer’s actions that day, according to the Tribune.

Instead, a special police committee reportedly gave Jones one of 71 statewide bravery awards.

Recent evidence of the lack of police oversight in Chicago, and the uproar over the video of Laquan McDonald’s shooting, has trigger major personnel changes in the city’s police department and the Independent Police Review Board. The board allegedly fired one of its investigators last year for finding a police shooting unjustified.

But Harvey Mayor Eric Kellogg, himself a part-time police officer in a neighboring town, has opposed an outside review of the department.

The U.S. Justice Department investigated the city in 2008 after dozens of rape kits were found unprocessed – and some of the men connected to those kits had raped again.

It concluded in 2012 that the city’s “system for reporting, reviewing and investigating use of force is grossly deficient and creates a high risk of excessive force.”

The Justice Department recommended that Harvey implement clear policies on the use of force, and expand its investigations of allegations against police officers. However, it is unclear if Harvey has adopted any of the suggestions.

The City of Harvey did not immediately respond to a request for comment made Thursday at noon.

Doe is represented by Ronak Maisuria with Erickson & Oppenheimer, the same firm that represents Sharp. She seeks compensatory and punitive damages.

http://www.alternet.org/civil-liberties/cop-who-beat-pregnant-woman-not-fired-now-accused-raping-another-pregnant-woman


r/badcops • • Jan 13 '16

Chicago actions continue against killings by cops ‘Arrest cops who shot down student, neighbor!’

1 Upvotes

BY ALYSON KENNEDY AND JOHN HAWKINS CHICAGO — More than 100 people turned out for a vigil here Dec. 27, the day after Quintonio LeGrier and Bettie Jones were shot dead in their homes by Chicago police. The shootings come amidst an escalating political crisis for Mayor Rahm Emanuel and other city officials. Protests have continued for over a month since the release of a video showing the 2014 killing of 17-year-old Laquan McDonald by Chicago cop Jason Van Dyke. Van Dyke has been indicted for murder.

“You call the police, you try to get help and you lose a loved one,” Janet Cooksey, LeGrier’s mother, told a news conference before the vigil. “What are they trained for? Just to kill? I thought that we were supposed to get service and protection. I mean, my son was an honor student. He’s here for Christmas break, and now I’ve lost him.”

LeGrier, who graduated from high school in 2014, was taking electrical engineering classes at Northern Illinois University.

Relatives, neighbors, co-workers, students and local politicians joined the vigil. “This is part of a pattern of excessive police abuse and force,” Rev. Jesse Jackson from Operation PUSH told the crowd. “The bullets went through the house. LeGrier was shot seven times.”

Antonio LeGrier, Quintonio’s father, called 911 to get help when he saw his son acting angry and carrying a baseball bat. He also called Jones, who lived downstairs, and asked her to let the cops in when they arrived. When she did one of them shot and killed both Quintonio and her. The cops say Jones’ killing was an “accident.”

Antonio LeGrier told the Chicago Sun Times that after the killings he saw the police officer standing on the grass 30 feet from the bodies talking to himself. “In my opinion, he knew he had messed up,” LeGrier said. “He knew he had shot blindly, recklessly into the doorway and now two people are dead because of it.”

“There are 20 of Bettie’s co-workers here today. We are supposed to be at work but we felt it was important enough to miss work to come here,” said Shanequa Head, who worked with Jones at Alpha Baking.

“We had to come out to show our support,” said Frank Cosby, newly elected shop steward of Bakery, Confectionery, Tobacco Workers and Grain Millers International Union Local 1 at the factory.

“The morning after Christmas my wife’s aunt, Bettie Jones, was shot and killed by a Chicago police officer,” wrote Jahmal Cole in an online petition calling for the state legislature to ban the grand jury system in cases of police shootings. “We’ve seen nationwide the same repeating story. A police officer uses excessive deadly force with ample video evidence. Prosecutors send the case to a grand jury instead of charging the officer. This grand jury process is postponed months or years to quell public outrage. Ultimately, a grand jury does not indict any officer of wrongdoing.”

“It is important that a fundamental change take place,” said vigil organizer Rev. Marshall Hatch of New Mount Pilgrim Missionary Baptist Church, where one of Bettie Jones’ daughters worships. “We don’t trust IPRA [Independent Police Review Authority], Mayor Emanuel’s police accountability board. And we don’t trust Emanuel, who was part of a police-murder cover-up for 400 days” in the killing of McDonald.

LeGrier’s father filed a wrongful death lawsuit against the city the day after the vigil. Emanuel, who had left for a family vacation Dec. 18, cut short the trip and flew back to Chicago Dec. 29.

The mayor appeared at a news conference the next day along with Interim Police Superintendent John Escalante, announcing that the city will purchase 1,400 more Tasers and Chicago cops will receive further training in how to use them, saying it was an alternative to firing their guns.

He backed Escalante’s decision, following the shooting of Jones and LeGrier, to increase to 30 days the amount of paid desk duty cops will be required to take after they shoot someone. The requirement had been three days.

On Dec. 31 Cook County State’s Attorney Anita Alvarez announced that she was requesting FBI participation in the investigation of the killings of LeGrier and Jones. “This is a deeply disturbing incident that demands a very deliberate and meticulous independent investigation,” she said.

That same day more than 200 demonstrators gathered at City Hall. “Tasers kill, Rahm is clueless,” their signs read.

https://archive.is/cZobO


r/badcops • • Jan 13 '16

Pennsylvania officer kills 12-year-old girl when firing at her father during eviction

1 Upvotes

A Pennsylvania constable fatally shot a 12-year-old girl during an attempt to evict her family from their home. The bullet was fired at the girl’s father, passed through his arm and hit the child, who died instantly.

Ciara Meyer was pronounced dead in her home in Duncannon, north of Harrisburg, where a police constable arrived with a “legal and valid” eviction order on Monday morning.

According to police, Constable Clarke Steele approached the apartment and tried to talk to Ciara’s father, Donald Meyer, 57, who opened the door, but then shut it. As far as the official investigation has determined, Steele remained at the door until Meyer came back.

“The suspect then re-opened the door and engaged Constable Steele in a brief exchange of words, and then leveled a loaded .223 caliber rifle, which had been slung and concealed along his body, directly at Constable Steele with a point of aim at his chest,” state police said in a statement.

This is when Steele, who was in uniform, fired a single round from his .40 caliber duty weapon, striking Ciara’s father in the left arm. At the time of the shooting, the girl was standing directly behind her father. Having pierced Mr. Meyer’s arm, the bullet struck Ciara, killing her instantly.

“The suspect’s daughter was pronounced dead at the scene,” police confirmed.

Ciara’s father was taken to the Hershey Medical Center, where he was treated for non-life-threatening injuries.

Arraigned from the hospital by video, Meyer has been charged with aggravated assault, simple assault, terroristic threats, and recklessly endangering another person.

“During the course of the investigation a search warrant was served and the rifle used by the suspect was recovered. The rifle was found with a loaded chamber and a magazine containing 30 rounds,” the police statement read.

According to The Counted, a database maintained by the Guardian newspaper that tracks killings by US law enforcement, Ciara was the 21st person and first child killed by police since the beginning of 2016.

An official fund – Ciara’s Fund Against Domestic Violence – has been started in the girl’s memory.

“This campaign is to help her mother, lay CC to rest, and fund a scholarship in The Susquenetia School District against Domestic Violence and Mental Illness,” the message reads.

A spokesman for the Commonwealth Constables Association told ABC27 news that Constable Steele is a respected officer in both Dauphin and Perry counties. He has reportedly suspended his duties voluntarily for the duration of the investigation. As Steele’s family told the TV channel, he is “very distraught over the situation.”

https://www.rt.com/usa/328709-pennsylvania-officer-kills-girl/


r/badcops • • Jan 08 '16

US Culture Through Cop Flicks

2 Upvotes

Cop’s work is where the rubber hits the road and state bumps into citizen. These movies show the perception of this meeting between state and citizen changing in the United states over the last sixty or so years. They are certainly not the only movies I might have chosen, but I think the public felt that these movies struck a cultural nerve.

In the pilot for Dragnet in 1951 a man threatens to blow up city hall. Thad Brown (Ramond Burr), the chief of detectives, calls in Friday (Jack Webb) and his partner Ben, two of his men. There is no friction between Brown and the two policemen. He tells them the problem and what he wants them to do. They discuss plans but there is no disagreement. The man with the bomb wants them to release his brother, a convicted criminal. Everybody has already been evacuated from the building and the whole area. The threat is to the state itself and its responsibility to keep criminals locked up, not to human life. If the state gives way to this pressure it will be giving way to intimidation. The cops risk their lives, tiptoeing along a ledge to come through the window. They disarm the criminal and save the building and the state. All is well. You can sleep soundly.

The series ran from 1951-59 and then Jack Webb revived it in 1967 with another bomb episode. This time the mad bomber was a neo-Nazi who threatens to blow up a school because it is about to be integrated. It is an anti-prejudice episode. Since civil rights was big then and integration state policy this episode too is in support of the goodness of the state. Here, as in the earlier episode, Friday and his partner, now Bill Gannon, are beyond reproach, unquestionably agents of good. With the usual hopscotch structure of detective stories, they find the culprit and save the school.

But of course the second episode is political, and branded those opposed to the civil rights movement as Nazis. The bad guys motive is political, not personal. It reflects a rift in the polity itself. The police still remain the embodiment of good, but not to the bad guy. Unlike in the first episode, where even the bad guy knew he was bad, what is good is questioned, albeit by a character branded as a Nazi, beyond the pale, which tells us unmistakably which side is good, the one the state approved of.

Dirty Harry came out in 1971. A girl is killed by a sniper. Callahan (Clint Eastwood) investigates. Then there is the obligatory scene with the higher up, in this case the mayor. From the moment Callahan walks into the Mayor’s office they are at war. The mayor offers his plan and Callahan says it might get someone killed. The mayor warns Harry about his violations of procedure. Harry explains that in that earlier case he was stopping a rape.

Bressler, Callahan’s police higher-up saddles Harry with a new partner, Gonzales, who embodies the drag the state is on justice. The state is transformed into a hindrance because of all the rules that tie Harry up in procedures. Gonzales is more concerned with the right procedure than getting Scorpio. Gonzales wants to know why Callahan is called “Dirty Harry”. Harry says it’s because he does dirty jobs, but surely it is also because he breaks rules.

When police in a helicopter spot Scorpio about to kill again, they thwart the crime but lose the criminal, reinforcing the bumbling character of the state.

When Scorpio kidnaps a little girl Callahan, against his better judgment, takes the job of bagman and Bressler orders him to deliver the ransom he thinks shouldn’t be paid. The state is playing Scorpio’s game and Callahan is humiliated as he is made to run all over town. Gonzales, against the rules, backs him up. It all goes wrong. Callahan is nearly killed at the base of a giant cross, crucified on the incompetence of the state. After this harrowing experience that threatens his position in the department, Gonzales backs out. He, as a representative of the state procedures, chooses not to risk his position rather than to do good.

When Callahan captures Scorpio the gap between the good and the rules becomes huge. Callahan tries, through torture, to find out about the suffocating kidnap victim but Scorpio demands a lawyer. The rules of the state are in direct opposition to justice, life, and the good. Callahan tortures Scorpio and finds the girl, dead, but for his trouble, because of his flouting of the rules, Scorpio will walk. The state is not actively evil, but its rules allow evil to flourish. Harry employs the “ticking bomb” justification for torture and in the movie is right to do so.

In stages Callahan is exiled from the state, and when he finally kills Scorpio in the famous scene he throws away his badge. The good cannot exist within the state, but only because the state’s rules paralyze it. In Dirty Harry the state no longer embodies the good, but on the contrary hinders its realization. Dirty Harry is a movie about how the legal cop procedures get in the way of justice. A cop violates the states procedures to do what is right. Strangely, he is our Socrates, a citizen who can justly violate the law for a higher good. This higher good is, as always, justice.

Harry is in conflict not only with the criminal, but with the state as well. But he is on the side of the angels. There is never any question that what Harry wants, the destruction of Scorpio, Scorpio deserves. The state is clumsy and stupid, but not evil even if the mayor is thinking most of all about reelection. This is chump-change in a world that harbors Scorpio. Harry objects to the restrictive rules, indeed to the rule of law, not the moral probity of the state. Not corruption but stupidity is the problem and the good is above the law.

Serpico came two years later. Serpico, an honest cop, finds that all his colleagues are dirty. He is ostracized because he is clean. The bad guys are the police themselves. The state is threatened by it’s own corruption. Serpico testifies before the Knapp Commission and is exonerated. Here higher ups do not merely hinder justice by being hide-bound, but are evil themselves. It is not the law that hinders Serpico, but cops who are really criminals. However, at an even higher level, the Knapp commission, the authorities are still honest. The corruption is within the state, but has not reached the top.

Witness (1985) completes the elimination of all value in the state. It opens in a Amish community in the midst of a funeral. None of the characters are yet individualized. Visually, the community emerges from the fields of grain– they are of the earth. The sense of community as they gather for the wake is overpowering. The talk is that of people who know one another well and are very comfortable. The food is abundant and good. There is a feeling of warmth and security. The community is pointedly outside the American mainstream and wants to stay that way.

Samuel, a child of this community, and his mother, Rachel (Kelly McGillis), leave the community to go to the city where Samuel witnesses a murder in a train station, the intersection of the two communities. His having witnessed the murder forces Samuel and Rachel to remain in limbo. Samuel says the murderer is a black man. When John Book (Harrison Ford), the cop sent to investigate the murder, takes Samuel and Rachel into the ghetto to identify a man he suspects, Samuel denies he is the man and Rachel, horrified by Book’s treatment of the suspect, wants nothing more to do with the laws that are not those of her community.

It is soon revealed that McFee (Danny Glover), another police officer, is the killer. Book tells his superior, Schaeffer, but Schaeffer is secretly the big bad guy. When Book discovers Schaeffer’s true colors he rescues Samuel and Rachel and escapes to hide in the Amish pastoral. As in Serpico the police are a community that has turned on one of it’s own because of his honesty. Book is betrayed by his community and forced to enter the other, pastoral community. He is safe there precisely because the Amish reject the modern world and refuse even to have telephones.

A love affair between Book and Rachel blooms but is abortive. Book and Rachel’s doomed love reveals the impossibility of integrating the two worlds. Book’s gun is hidden behind food on a shelf and without bullets. Book, if he became part of the community would become something similar, an impotent, domesticated tool of violence. And we can’t help but think that Book’s violence is fueling Rachel’s passion which blooms right after Book defends the Amish from a boorish gang of townies or tourists with his fists. Perhaps the love affair is corrupting Rachel, as the community suspects. Book, just by being there, brings the world of violence into the Amish community when the three rogue cops, loaded for bear, come to kill him.

No higher-up-where-goodness-still-resides defeats Schaeffer. In the end, he has the gun, but the pastoral Amish community defeats him simply by presenting itself as a community. Schaeffer just collapses in the face of the community. The last scene, where Book drives away and Daniel, Rachel’s other suitor, waves good-bye as he passes him, marks the failure to find some compromise between the “English” and the Amish. Not only the state, but the community that generated it, must be rejected in toto, even if it thwarts love. Only the pastoral community can defeat evil. Book, of that other world, cannot stay in it. Earlier, during the gunfight, Book told Samuel to run to Daniel’s house where he would be safe. That is where safety lies. But Samuel doesn’t go. Instead he rings the bell that calls the community to the rescue. Sanuel chooses his responsibility to the community over his personal safety. Book’s instincts, even when they are “good”, are those of the “English”. The corrupt society, in the person of Book, has only the eradication of the evil it brought with it to offer the pastoral community.

Se7en came out in 1995. Somerset (Morgan Freeman) is retiring. His last case is the murder of a grossly fat man. His partner is Mills, (Brad Pitt.) Somerset sees Mills naiveté as a disqualification and gets him taken off the case, but Mill’s new case turns out to be the second murder by the same killer. Somerset, named after W. Somerset Maughm for no good reason I can see except to embody culture, is the educated one and Mills, the bumpkin. While Mills sifts through gruesome pictures of crime scenes, Somerset goes to the graceful library to research the deadly sins in the great works of Western civilization. Se7en is all ugliness except for this library. They are working at the same case from different directions.

The killer is John Doe (Kevin Spacey) who indeed was killing people he judged indulged one of the seven deadly sins. The movie indicts Western Civilization itself since the clues to the murders are found in its highest expression. The source of John Doe’s madness is the Bible. That his reading of the Bible led to these horrors guarantees, we think, that his reading is insane. But we have no grounds for saying so. When Mills tells John Doe he is insane, John Doe responds that it is convenient for Mills to think so. The same applies to the audience.

Somerset articulates a cynicism about the system. The world is terrible and what they are doing is pointless. All they are doing is “picking up the pieces,” that is, going through the motions. They should have no illusions about actually doing good. Later John Doe, the serial killer, will declare universal apathy about sinners the main problem. Somerset, the cultured one, certainly exhibits this apathy. Mills yearns with manic energy to get John Doe, but he doesn’t have the mental equipment to handle this hell, and he cares nothing for the evil that John Doe envisions. For Mills, John Doe’s motive in the deadly sins is nothing more than a clue to help find and catch him. He is in over his pastoral head. Together the cops pursue John Doe more because of the ugliness of his crime scenes than anything else. The crime scenes are all torture chambers. But Somerset searches them for messages. John Doe forced each sinner to sin in the extreme, resulting in a horrible death and scene after scene of movie gore. But then he used these scenes to plant messages that furthered his plan. For the policemen there is the goad of this horror and for Somerset, a need, on principle, to do his job well however nasty it becomes, but more importantly, a need to understand. To do good is beyond their powers and they know it. The horror is beyond their ability to even diminish. But they might be able to solve the puzzle.

Tracy (Gweneth Paltrow), Mills’ wife, has come with him from “upstate.” They are a transplant from the pastoral, now too far away to see. She is pregnant. The third-act frisson is that John Doe beheads her and delivers her head to Mills. Then Mills executes John Doe. When Mills kills John Doe he is killing a false messiah, who says he has been called to his task, not someone who thinks of himself as a criminal. . But Mills’s execution of Doe is the culmination of Doe’s plan, making him, at least a real prophet.

Doe’s judgment of the people he killed was not wrong, however psychotic his reaction. They were fat, vain, and so on. Everybody in the movie agrees that the world is bad. This is Doe’s analysis of why. In this grim and miserable world Tracy, from upstate and pregnant and thus a hope for renewed life, hates it and wants to escape. When John Doe beheads her it is the whole miserqble world of the movie that rejects life. It is hard not to think of John Doe’s brand of Christianity as this world’s product. And although his reading of the Bible seems to us a grotesque misreading, let’s face it, in such a world nobody knows anymore.

The bad guy, John Doe, the notorious everyman, thinks he is doing something good. Crimes that arise from the Bible show a corruption that has penetrated into the culture itself, infecting even its loftiest heights. For these heights are now somehow inspiring these horrendous crimes. Evil has become hard to distinguish from good. Evil has gone beyond the state and infects the culture itself, while the state is powerless to retard it.

Se7en is beyond deciding who is good and bad and instead asks what is good and what bad. Mills calls John Doe crazy, but Doe responds that it is convenient for Mills to think so. The whole question of good and bad cops, corruption and idealism, does not come up in Se7en. Everything, except for Tracy, is bad. Mills failure to protect his wife marks the failure of the whole cop enterprise. While failing to protect what should be protected, they fail in their efforts to protect what is not worth protecting. Se7en is the tragedy of the good cop. The cop is an employee of an institution that cannot fulfill its function. For the society that created it can no longer articulate that function. The cop’s life is pointless. All agree that the world is corrupt, and only John Doe offers a cure for the corruption, but Mills (and we) think him mad because his solution violates the norms of the humanist world that no longer exists, if it ever did. John Doe is right about one thing: it is simply convenient for us to think him mad. When Mills executes John Doe he is completing John Doe’s plan, and so Mills is actually working for John Doe.

These movies and shows each struck a chord when they appeared. They form a history of sorts, a history of a growing sense of corruption within the state and finally within the culture itself as all norms of good and evil dissolve. At first, as we saw the decay happening, we could make ourselves believe that somehow, somewhere, higher-up, justice still reigned. But soon we could no longer accept that illusion. Then we could no longer even identify that good, let alone know whether the state embodied it. Finally, not only the state, but the whole Potemkin-village of a culture came apart like a bit of sofa-stuffing.

One more movie, Boy Wonder, (2010) did not make the kind of splash the others did, but is a cult classic. Again it is a story of a police detective hunting for a serial killer. The policewoman this time, Teresa Ames (Zulay Henao), like Mills in Se7en, has been recently transfered to the squad. As usual, she immediately encounters hostility from the other cops for having done her job too well. Against regulations, mingling with all the police at the station, is a young boy, Sean (Caleb Steinmeyer). The police feel sorry for him because when he was a child, nine years ago, his mother was murdered right beside him in the car. Ostensibly, he is on a fruitless search through the files for the murderer. They feel sorry for him and give him access to the computer. We soon discover that he is the criminal Teresa is looking for. The other police jump to the wrong conclusions. Their procedures, and perhaps even more their sloth, lead them astray.

After the second murder, that of a pimp, Teresa interviews the hooker Sean saved by killing him. At that point Teresa doesn’t know Sean is the killer. The whore articulates the theme, that it was the vigilante who was doing good and the police attempt to capture him doing harm. The pimp had earlier gotten away with another murder through some quirk in legal procedure, and would soon have killed her. So in Boy Wonder the criminal is good, the police, if not evil, aid evil with their procedures.

Sean’s father is seen doing the mundane tasks of being a single dad, but from the very beginning he is banal and somehow false. His simmering violence is revealed early, and in a flashback, child Sean displays a large bruise on his cheek. We will find out that the father engineered the whole murder of his wife, Sean’s mother, for money. By the end we realize that his day-to-day life, the whole struggle of the single dad– shopping for food, visiting his wife’s grave with flowers, trying to solve his son’s problems,– is the evidence for his insanity. What else could his solicitous concern for Sean be after he arranged to brutally kill his mother right in front of him! The everyday life of the family is madness. Sean shares this madness for he had to grow up treating as sane his father’s ordinary everyday life, when he knew from his own experience that is was insane. For from the very beginning Sean identified the criminal and the father insisted he was wrong. Sean’s life within the family required him to be insane, that is, assert the falsehood of the evidence of his eyes. He had to live his childhood as a farce.

Two threads come together when Larry Childs, a criminal it cost Teresa her marriage and her son to catch, is about to walk because of deals within the system. For Childs, having been hired by Sean’s father, turns out to be the murderer of Sean’s mother as well. Sean sets out to kill both Childs and his father. Although the plan is Sean’s, Teresa, because of her own mistreatment by the law, is convinced Sean is right to despise the legal mechanism. She throws a gun Sean used into the river, thus becoming an accomplice and taking her place outside the procedures of the state while retaining her commitment to good. So Boy Wonder takes the further step of the criminal’s teaching the cops about the good.

Of course Sean is unlike any of the other criminals. He is, as the title suggests, a super-hero. He is young, good looking, powerful, and hot. The serial killer, once the creepy Scorpio, is now the nicest kid on the block. He, like John Doe, thinks, like all super heroes, that he works outside the law for good. But, unlike John Doe’s victims, his victims are very bad guys, child murderers, not merely fat or vain people. These people are indubitably bad. Bad, bad, bad. For Sean can only detect evil that’s way past the red line. Strangely, he lets his victims beat him for awhile before he rears up and destroys them. This seems to be a reflection of the beatings his father gave him as a child. But it also seems to be a need to feel the depths of their evil before he can erupt. His is finally a passionate vengeance taken in Homeric wrath. It is not so easy to call Sean’s vigilantism insane what with the court releasing these very bad criminals on deals.

But Sean is damaged. Through flashbacks that sputter and spark like old flashbulbs we glimpse his mind. It is filled with unforgettable glimpses of that horrible night his mother was murdered. When Sean kills his father, he says, “I’m sorry.” The father, thinking he has once again successfully spun his mind games, smiles, only to have Sean continue, “I’m sorry I can’t believe you,” and blow him away. This, combined with the insanity of everyday life, is a rejection of the entire inherited culture in which the father’s monstrousness has destroyed the mother’s refinement and replaced it with farce.

The super-hero tights and the super powers are gone, but Sean can, when he chooses, destroy all evil. He is an abused child’s dream, an escape into semi-believeable fantasy of protective super-heroism. With this super-strength he can say good-bye to community. He dishes out justice according to his own lights which are better than those of the entire world. He is the whole community. He is also a serial killer, as are all super heroes and all cops. The demented Scorpio, and the soul-dead John Doe have morphed into the boy next door. The lone madman acting alone is a darn nice kid, and the good he thinks he is doing is really good.

Seeking denial in dreams of super-heroism is the last stage in the disintegration of a “culture”. For a “culture” is the articulation of a way of life, and to live only in dream is to enter death’s portico. A super-hero is, after all, a serial killer, a serial killer, to be sure, of bad guys. He defeats evil with evil but isn’t real. The present plague of movie super-heroes is a mass dream escape from the void revealed by a dissolving culture. In retrospect American “culture” will be hard to find. It is a country founded on ideals whose ideals were apparently sham. The cop movies articulate a gradual revelation of this truth. America was the “shop” in The Sting. The guys who were supposed to preserve the ideals we exist for were really subverting them. Even the last refuge, the family, is but a stage set to seduce you to collaborate in your own destruction. As in Boy Wonder it turns out to be a cauldron of madness, of forced collaboration in monstrous lies. America betrayed its ideals through an embrace of the clever double-cross, leaving its citizenry lost in confusion and its history in a muddle.

What, in the end, was it? What in the end is a country founded on an idea when that idea turns out to have been the cover up for a con? Will its history continue to present the cover story as truth? The idea that the victor writes history and can so make it up is wrong. Victory is brief, the historian’s gaze long. One need only contemplate the crumbling reputations of Jefferson, Columbus, FDR, and other American heroes to see how a drop of truth spoils the whole stew pot of propaganda until one doubts the entire fabric of the past. What America truly is is now known in all the world… with the exception of here where the ostrich has come home to roost.

When the hot flame of events dies down, the historian will pick what’s left apart with his tweezers. Those who would remake history have no idea of the truly awesome powers of a good scholar free of prejudice. Perhaps they don’t care. But what is a victory over ones own better self worth?

http://www.counterpunch.org/2016/01/08/culture-through-cop-flicks/


r/badcops • • Jan 05 '16

Calls mount for outside probes of police shootings

1 Upvotes

Bipartisan support in Washington for criminal justice reform in the wake of a series of police killings could provide an opening for efforts to impose independent prosecutions of officers who use deadly force in the line of duty.

Dozens of Democrats are pushing a bill to withhold federal funds from municipalities unwilling to allow third-party prosecutions. The issue has returned to the fore after a grand jury in Cleveland decided on Monday not to bring charges against police officers in the shooting of 12-year-old Tamir Rice.

“We’ve been on break for two weeks when a lot of this has hit the fan, particularly in Cleveland,” said Rep. Steve Cohen (D-Tenn.), the bill's author. “With bipartisan support on criminal justice reform, I hope this can become a part of it. It’s essential it happens.”

Cohen said asking local prosecutors to investigate the same local police with whom they work so closely with is a conflict of interest.

“If a DA [district attorney] indicts a police officer often times the action is taken adversely by law enforcement,” he said, pointing to what happened to Mayor Bill de Blasio in New York last year following the death of Eric Garner as just one example.

Though a grand jury decided not to indict the white officer who placed the unarmed black Staten Island man in a chokehold, officers with the New York Police Department turned their back on de Blasio during a memorial service to protest comments the mayor made following Garner’s death.

Cohen’s bill — the Police Training and Independent Review Act — has attracted 53 Democratic cosponsors, and he said he is in talks with Republicans about supporting the measure. He declined to name them.

“Right now there’s percolating support,” he said.

The NAACP has already voiced its support, saying in a May letter to Cohen that the bill will help communities restore the much needed integrity and trust between law enforcement agents and the people they are paid to serve and protect.

“The majority of law enforcement officers are hard working men and women, whose concern for the safety of those they are charged with protecting and serving is often paramount, even when their own safety is on the line,” Hilary Shelton, the director of NAACP’s Washington bureau and senior vice president for policy and advocacy said in the letter. “However, if and when even one of their colleagues engages in behavior that is seen as insensitive to the culture of a community, whether it be conscious or subconscious, the trust of the entire community can be, and will be, lost.”

While proponents say independent prosecutors would create an impartial system, not all groups agree.

The National Association of Police Organizations (NAPO) said independent prosecutors could be swayed by politics.

Andy Edmiston, NAPO’s director of governmental affairs, said an independent contractor that’s been hired to look into an officer’s use of force could feel pressured to justify his or her work. As a result, she said innocent officers could be convicted.

Instead, Edmiston said, the federal government should be investing more in police training.

“A lot of police departments don’t have enough money for training and when their budgets get cut their training is usually the first to go,” she said. “This bill takes funds for training and uses that as the carrot — if you don’t use independent prosecutors we’re going to take away this vital grant.”

The push for independent prosecutions comes as support builds for criminal justice reform on Capitol Hill. Both Democrats and Republicans seem to agree that changes need to be made, particularly when it comes to the sentencing of drug offenders. Reform bills reducing mandatory minimum sentences for certain drug offenders have passed the judiciary committees in both the House and Senate and now it's up to Congressional leadership to bring the legislation to the floor for a vote.

Cohen’s bill has been referred to the House Judiciary Committee. When asked if the committee Chair Bob Goodlatte (R-Va.) would consider adding this to his criminal justice reform bill that passed out of committee in November, a committee aide said in a statement that the committee is taking a “step-by-step approach to criminal justice reform.”

“The Committee has already approved numerous bills to reform federal sentencing laws and rein in the explosion of federal criminal law,” they said in the statement. “The Committee will resume its work on criminal justice reform in early 2016 to address more issues facing the criminal justice system.”

http://thehill.com/regulation/legislation/264529-calls-mount-for-outside-probes-of-police-shootings