Gangsters in Blue

Seven Oakland police officers caught lying on search warrant affidavits will return to the job. The police union apparently successfully argued that lying before a judge to obtain a warrant for a drug raid was merely a “training issue.”

Fort Worth police officer gets his job back after attempting to use his status as a cop for favorable treatment during a traffic stop. At the time, he was already suspended “over allegations that he used police resources to find the address of a romantic rival whose pickup was later struck by gunfire.” In both cases he was fired. And in both cases, he got his job back.

Woman called police to say she feared her husband, also a police officer, might kill her. The officer she spoke with then immediately told her husband about the call.

In Denver, a half dozen people are suing the city for false arrest and imprisonment after a bizarre series of cases in which police arrested and jailed the wrong person. In some cases, the wrong person was jailed for months. In one case, police insisted to a 5′7″, 38-year-old black woman that she was actually a 5′3″, 25-year-old white woman. A special prosecutor began investigating the incidents, but then had his investigation shut down when the city decided to grant immunity to the main officer involved. The city was apparently worried about civil lawsuits from the wrongfully jailed. See here, here, and here.

Chicago police officer who killed two people in a drunk driving accident last week was involved in two prior serious accidents. In one, he changed his story about what happened. In the other, he injured two fellow officers after striking a police car. He doesn’t appear to have been tested for alcohol in either accident, and remained on the force after both.

Yet another twist in the police shooting of a Hmong teenager in Minneapolis (first mentioned on this site here).

Lawsuit claims police raided the apartment in Livingston, Illinois last year. Woman claims the police barged through the door and ordered her to the ground at gunpoint. They apologized after realizing they had raided apartment 1 instead of apartment 10. She claims $20,000 in medical bills.

Officer trips, accidentally shoots man in the chest during a drug raid in New Jersey.

Chicago will pay out $288,000 in damages resulting from a 2006 drug raid on a bar on the southwest side of the city. Drug charges against two bar patrons were dropped after surveillance video showed officers had lied in their police report about what happened after the raid began.

A Phoenix couple has settled with the town of Gilbert, Arizona for $185,000 after an officer tossed a flashbang grenade through a window during a raid on their home. The grenade landed on a bed, caught the bed on fire, and burned the couple’s home to the ground.

The ACLU is suing over a series of raids in Riverside, California in which police targeted black-owned barbershops. Though they were drug raids, the actions were couched as “health inspections,” obviating the need for a search warrant. I’ve seen quite of few of these stories, lately–where police conduct drug raids under the guise of a regulatory inspection to get around the need for a search warrant. It’s troubling.

The police officer who shot Grand Valley State student Derek Kopp in the chest during a drug raid has been charged with the negligent discharge of a firearm. If the officer is actually guilty of that, it’s nice to see him held accountable. But the problem, here, is the policy of sending police into private homes with their guns drawn to enforce consensual crimes. Until that policy changes, we’ll continue to see incidents like this one. Charging the cops or homeowners who make mistakes under such volatile circumstances isn’t going to change anything. We need to stop putting both parties in such a precarious position in the first place–particularly over, of all things, smoking pot.

CORRECTION: This entry originally had another bullet point that was a separate account of the same Illinois raid mentioned above.

The VA has returned reporter David Schultz’s audio equipment, and says the department “regrets the incident.”

The winners of the Washington Post’s annual Peeps Diorama Competition.

Jacksonville police detective who also provides security detail for a local megachurch subpoenaed Google to uncover the identity of an anonymous blogger who has been critical of the church’s pastor.

Great headline: Woman has developed an imaginary, but useful, third arm.

State environmental agency spends ten years investigating fecal contamination of local creek, discovers its own sewer pipe is part of the problem.

Former Reagan administration official Bruce Fein–who called for the impeachment of Bush and Cheney–says Obama’s positions on executive power are even worse.

You’d think the high-profile incident in Dallas a couple of weeks ago would have registered a little better than this.

Dr. Ziworitin says he was rushing to UMC early Monday morning when an officer pulled him over near Rancho and Alta, “I may have briefly made a stop, and right there pulled my ID card which boldly says UMC and I said, ‘I am a physician going to the hospital.’”

Dr. Ziworitin says he then continued a few blocks to UMC, driving into a secure doctors’ parking lot which requires a badge to enter. The officer followed him in.

“The officer stepped out of his car and told me to stop and freeze. I explained, ‘Officer, I am sorry. I don’t want to be rude. I am a physician, there is an emergency, and I have to go.’”

Dr. Ziworitin says what happened next was shocking, “The officer proceeded to pull out his gun, point it at my face, and told me to lay face down on the ground, which I did. At this point, my ID card dropped on the floor and I remember him stepping on me, probably putting his knee on my back, and then cuffed me.”

Still cuffed, Dr. Ziworitin says he was put up against the police car as the officer called UMC to verify his employment, “Immediately after that call he proceeded to uncuff me and I ran upstairs to go take care of the emergency.”

Dr. Ziworitin says he delivered a baby and later called Metro’s Internal Affairs Division.

Even if the cop doubted this guy was a doctor, the cuffs, gunpoint, and a boot in the back all seem more than a little excessive, no?

We're all looking for leadership toward equal justice for Blacks in America and Color of Change is both advocating and requesting support for an elected advocate, saying that US Sen. Jim Webb from Virginia is providing some of that sorely needed leadership on prison incarceration reform. CoC is asking us to raise our voices in support of equal criminal justice:

Our prison system is broken. We know it and so does Senator Webb. Can you take a moment and support his call for reform?

Dear Francis,

When it comes to issues plaguing Black and low-income communities, a White senator from the South is the last person we'd expect to go out on a limb and sound the alarm.Senator Jim Webb from Virginia just did exactly that when he boldly called out the over-imprisonment of Black folks and the serious problems with our prison system. Most importantly, he's demanding big changes.¹

Now it's up to us to seize the moment and create the pressure necessary to achieve true reform.

The first step is publicly thanking Senator Webb. Our praise will show other politicians that when they take risks and step out on critical issues like prison reform, we will have their backs. It will also show that everyday people stand with Webb and are serious about this issue. Please join us, and ask your friends and family to do the same:

http://colorofchange.org/webb/?id=1780-175369

In recent years, politicians have lacked the courage to create meaningful prison reform. They've been paralyzed by the fear of being branded as "soft on crime." They've been held hostage by prison guard unions and industry lobbies. And the communities most affected--Black and low-income communities--have had a hard time getting a seat at the table and making our voices heard.

Our country has a clear problem. With just 5% of the world's population, America holds nearly 25% of the world's reported prison population. Our prison population has quadrupled since 1984, and most of the increase comes from people being imprisoned for drug offenses--mostly minor and nonviolent.²

Despite the fact that there is no statistical difference in drug use between different racial groups, harsh drug laws have had a devastating, disproportionate effect on Black communities. While only 12% of the U.S. population is African-American, Black people make up 37% of those arrested on drug charges, 59% of those convicted, and 74% of all drug offenders sentenced to prison.³

It's surprising and encouraging that someone like Senator Webb is speaking out in this way. Webb is a White politician from Virginia, a Southern "law-and-order" state that has abolished parole and executed more people than any state besides Texas.⁴ He has nothing to gain politically from this--it's an act of true conviction.

By eloquently making the case for reform and calling for a National Criminal Justice Commission, Webb has created a major opening to address these issues. And it comes at a time when there are increasing signs the country is ready for reform. New York's governor and state legislature just struck a deal to reform the state's "Rockefeller drug laws"--some of the harshest laws in the country, and a great example of the failed status quo.⁵ A panel of federal judges has just told California it must reduce its prison population by a third to alleviate the torturous conditions stemming from overcrowding.⁶ And at the same time that more people are recognizing the deep injustices in our system, the economic crisis is forcing elected officials at all levels of government to realize they can't afford to keep directing so many taxpayer dollars toward law enforcement, jails, and prisons.⁷

We need to make the most of this moment. Take a minute to thank Senator Jim Webb for his courageous stand and support his call for a meaningful commission. And when you do, please ask your friends and family to do the same.

http://colorofchange.org/webb/?id=1780-175369

Thanks and Peace,

-- James, Gabriel, Clarissa, William, Dani and the rest of the ColorOfChange.org team
April 9th, 2009

Help support our work. ColorOfChange.org is powered by YOU--your energy and dollars. We take no money from lobbyists or corporations and our tiny staff ensures your contributions go a long way. You can contribute here:

https://secure.colorofchange.org/contribute/?id=1780-175369

References:

1. "Senator Jim Webb's Floor Speech to Introduce 'The National Criminal Justice Commission Act of 2009'," 3-26-2009
http://tinyurl.com/chxaup

2. "Why we must fix our prisons," Parade, 3-29-2009
http://www.parade.com/news/2009/03/why-we-must-fix-our-prisons.html

3. See reference 2

4. "Webb Sets His Sights On Prison Reform," Washington Post, 12-29-2008
http://tinyurl.com/8mgyf2

5. "More on Albany's Rockefeller Drug Law Reform," Village Voice, 3-27-2009
http://tinyurl.com/da2xlw

6. "Court Orders California to Cut Prison Population," New York Times, 2-9-2009
http://www.nytimes.com/2009/02/10/us/10prison.html

7. "A Different Drug Czar Signals Shift Away From Emphasis On Punishment," Hartford Courant, 3-22-2009
http://tinyurl.com/c36ubb

I know there’s a “crack” joke in here somewhere.

I highly recommend the Twitter feed of Injustice in Seattle for daily updates on these stories. I don’t recommend it for those of you with high blood pressure.

Indiana’s “public access counselor” rules that the city of Ft. Wayne can keep the dash video of a police shooting from being released to the public, under the positively Orwellian explanation that “state law allows police to withhold from the public records that are labeled ‘investigatory’ even if an investigation has been completed.”

Bellaire, Texas police officer Jeffrey Cotton has been indicted in the shooting of Robbie Tolan. I previously posted about that case here and here.

Michael Silence points to a particularly chilling comment from a police spokesman in the case where Phoenix police raided the home of a police watchdog blogger: “In justifying the raid, Phoenix Assistant Chief Andy Anderson called Pataky’s site ‘an unaccredited grassroots Web site.’” They’re really just making shit up as they go along, aren’t they?

So remember that Boston Globe report about city police blatantly disregarding rules about parking in handicapped and fire zone spaces? Update: The city says they assigned someone to enforce the law against the cops, noting that over two months, 20 cops were written up But the Globe sent a reporter who found 25 vehicles illegally parked in one day alone. The next day, there were “another 25 cars parked illegally outside headquarters.” Not surprisingly, no one seems eager to make sure the cops follow the laws they’re paid to enforce.

Lawsuit, former Fresno cop say city police chief fostered a “culture of violence” by intervening in internal affairs investigations, including retaliating against cops who turn in or testify against other cops.

City of Houston acknowledges that it’s perfectly legal for citizens to record on-duty police officers. But then in a court filing, the city also argues that even though he may be mistaken under the law, it isn’t necessarily unreasonable for a police officer to interpret someone recording him as a criminal act, and to arrest the person doing the recording. I believe the translation, here, is that while citizens can’t plead ignorance of the law as a defense, police officers facing civil rights lawsuits apparently can.

Keep an eye on this one. I could be wrong, but it certainly sets off some red flags.

First, according to the report, they brought in the SWAT team after “evidence was presented to a local justice of the peace that the residents were in possession of marijuana.” That’s possession, not distribution.

Second, according to a police spokesman, “As soon as they opened the door and announced they were the police they were fired upon.” That would seem to indicate this was a no-knock raid. For possession of marijuana.

Third, the police haven’t yet announced if they’ve found any drugs. That doesn’t mean they didn’t. But generally speaking, if they do find drugs in a raid ends in violence, they’re quick to point that out—particularly if it’s a large quantity.

Guess we’ll see. It’s possible that this report has left out some details.

Of course, even if they found pot, it doesn’t justify the tactics. It’s hard to believe someone guilty only of possessing pot would knowingly exchange gunfire with police. Note too that the police felt compelled to visit neighbors to be sure no bullets penetrated the walls of the apartment complex to strike anyone. All of that for a consensual crime.

MORE: A commenter says that “one of the TV stations reported they have been charge with felony possession.”

A couple of weeks ago, I posted about a rogue narcotics unit within the Philadelphia police department that was terrorizing grocery stores owned by immigrants. All of the raided store owners told a similar story: The unit raided under the pretense that the stores were selling small plastic bags commonly used by drug dealers to package narcotics. The cops then disconnected the stores’ security cameras. Once the cameras were disconnected, they then looted the stores of snack food, cigarettes, and cash. According to store owners, the official police reports often underreported the amount of cashed seized from the stores.

The Philadelphia Inquirer has since published accounts of more raids. And the Philadelphia Daily News has posted video from one of the raids (embed doesn’t seem to be working, but you can watch at the link, or read the transcript here). The officers seem particularly concerned about whether the video from the cameras can be viewed outside the store, and where the video is stored. In the story from last month, at least one store owner told the Daily News that the police returned to his store in a second raid solely to confiscate the computer that hosted the video of them disconnecting the video cameras during the first raid. These cops obviously didn’t want a video record of what they were doing, at least one they couldn’t confiscate.

According to press accounts, the warrants weren’t obtained to search for actual illicit drugs, but merely for the open sale of plastic zip-lock bags, which aren’t illegal by themselves, and have perfectly legitimate uses. It’s a ridiculous law that requires mind reading on the part of investigators—the bags become illegal to sell only once the merchant suspects his customer might use them for illegal purposes. (It’s the same odd concept of criminality that led to the bizarre arrests of several dozen Indian convenience store workers in Georgia in 2005.)

Meanwhile, the head of this particular narcotics unit, Officer Jeffrey Cujdik, is coming under fire in other cases, too. One of his longtime informants has come forward to say Cujdik routinely lied on warrant affidavits and police reports, including describing controlled drug buys that never happened. One of those cases resulted in a botched raid on Lady Gonzalez, who alleges one of Cujdik’s officers sexually assaulted her during the raid.

Cujdik has since been stripped of his gun and badge, but he remains on paid desk duty.

Here’s a couple passages from a recent article in POLICE: The Law Enforcement Magazine on big police manhunts. It’s interesting partly because it has something to do with topics that have come up here before (note the tactics mentioned at the end). But also for other reasons. In the original article, the two sections are separated by a good 6 paragraphs; I’ve cut those out here, because it’s more interesting when you look at the statements side-by-side.

Law enforcement exists to keep society safe from criminals, which means apprehending and arresting those who would do harm.

[…]

Normal policing grinds to a near halt as all LE resources from entire regions focus on catching cop killers. This means massive searches of areas and buildings, saturation patrol, vehicle and pedestrian stops, stakeouts, checkpoints, and roadblocks.

—Robert O’Brien, POLICE: The Law Enforcement Magazine (2009-03-18): Police Manhunts. Emphasis mine.

I don’t have any complaint about these passages, at a factual level. I think it’s pretty much an accurate summary of how government police operate in that kind of situation. And, granting that it is accurate, what does that tell you about priorities in government policing? Just who and what are government police really working to protect from harm?

Is it you? Me? Society? Or somebody, and something, else?

See also:

• GT 2008-09-12: Two cheers for police corruption
• GT 2008-11-26: Professional courtesy, part 2: thugs on patrol