Gangsters in Blue

From ProPublica and the New Orleans Times-Picayune:

The disciplinary file on the New Orleans Police Department's Lt. Dwayne Scheuermann is inches thick -- as thick as any on the police force.

The lieutenant has weathered more than 50 separate complaints, ranging from accusations of brutality and rape to improper searches and seizures. But none of the allegations ever stuck, although two complaints are still pending. Every time, Scheuermann was cleared and sent back onto the streets.

He has also fired his gun in at least 15 different incidents, wounding at least four people. Experts on police practices say the number is unusual -- most officers never fire their weapons.

Scheuermann's history of complaints would seem to make him an obvious candidate for the NOPD's early warning system, which aims to highlight and rehabilitate possible problem police officers.

Yet according to the city attorney's office, Scheuermann was never flagged for entrance into the monitoring program...

Amid the complaints, Scheuermann has received plenty of commendations. The awards depict Scheuermann as a top cop, a relentless workhorse whose arrest numbers are unparalleled and a leader who has patrolled the most dangerous corridors of the city over a 23-year career. He has been a hero in the eyes of many of his peers.

In an NOPD yearbook is a photo of a smiling Scheuermann shaking the hand of former President Bill Clinton, who bestowed a national award on him for "outstanding productivity throughout his career."

And now?

Today, Scheuermann, 49, is preparing to stand trial on some of the most disturbing charges ever filed against a New Orleans police officer. Federal prosecutors accuse Scheuermann and a colleague of setting fire to a car containing the body of Henry Glover, who had been shot by a different police officer in the aftermath of Hurricane Katrina.

Again, it isn't that there was a bad cop at NOPD. It's that nothing was ever done about it. It in part goes back to the twisted incentives that drive statistics-driven policing.

Agencies encourage officers to be proactive and make arrests, viewing big numbers as a sign of productivity. But when an officer who puts up big arrest numbers is accused of cutting corners or violating civil rights, supervisors often brush it off and declare the complaints unsustained, said Anthony Radosti of the watchdog Metropolitan Crime Commission.

"Where there is smoke, there is fire," Radosti said. "The more productive you are, the less you are scrutinized. Production means arrests, it's quantity versus quality. These arrest numbers became more important to the command structure in their efforts to regain control of the crime situation."

Back in 2008, I talked with former Baltimore cop and co-creator of The Wire Ed Burns about how the numbers game rewards the wrong sort of police work, and does little to make communities safer.

Texas has released a death row inmate.

After 18 years of incarceration and countless protestations of innocence, Anthony Graves finally got a nod of approval from the one person who mattered Wednesday and at last returned home — free from charges that he participated in the butchery of a family in Somerville he did not know and free of the possibility that he would have to answer for them with his life.

The district attorney for Washington and Burleson counties, Bill Parham, gave Graves his release. The prosecutor filed a motion to dismiss charges that had sent Graves to Texas' death row for most of his adult life. Graves returned to his mother's home in Brenham no longer the "cold-blooded killer," so characterized by the prosecutor who first tried him, but as another exonerated inmate who even in the joy of redemption will face the daunting prospect of reassembling the pieces of a shattered life.

"He's an innocent man," Parham said, noting that his office investigated the case for five months. "There is nothing that connects Anthony Graves to this crime. I did what I did because that's the right thing to do."

Graves was convicted of assisting Robert Earl Carter in killing a 45-year-old woman, her daughter, and her four grandchildren in 1992. Carter initially implicated Graves, but later recanted. Carter again insisted Graves was innocent just before he was executed in 2000. The man who prosecuted Graves apparently still believes he is guilty.

Charles Sebesta, then the district attorney, did not believe Carter. Even after he no longer held the post, Sebesta held to his beliefs, calling Graves "cold-blooded" and taking out an ad in two Burleson County newspapers in 2009 to dispute media reports criticizing the conduct of prosecutors.

The evidence against Graves was never overwhelming, depending mostly on Carter's earlier accusation and jailhouse statements purportedly overheard by law enforcement officers. Even Sebesta acknowledged it was not his strongest case.

"I've had some slam-dunk cases," he said in 2001. "It was not a slam-dunk case."

Yet he still sought—and won—a death sentence. (Sebesta has had problems in other cases, too.)

The U.S. Court of Appeals for the Fifth Circuit overturned Graves' conviction, noting the considerable weakness of the state's case against him. That court also found that Sebasta withheld exculpatory evidence from the defense and knowingly put on false testimony. Yet as late as last year, prosecutors were still seeking to retry Graves anyway, this time based largely on a "scent lineup," in which they used dogs to sniff out burnt clothing removed from a 17-year-old crime scene. 

...prosecutors this summer brought in Fort Bend County Deputy Keith Pikett to conduct a "scent lineup" – a practice of dubious scientific validity that was recently the subject of a scathing report from the Lubbock-based Innocence Project of Texas. This type of lineup, with dogs supposedly matching a scent from a crime scene to a scent collected from a suspect, is junk science, the Innocence Project charges, while questioning Pikett's techniques in conducting the dog-led lineup. The procedure has indeed been implicated in a number of wrongful arrests and convictions. According to the report, released Sept. 21, Pikett has no formal training in the practice – nor does he apparently think any is necessary. Pikett has testified in court (in a matter unrelated to Graves) that there is no need for formal training or for scientific rules or protocols when conducting such lineups, and Pikett has rejected the importance of scientific studies regarding scent identification. Nonetheless, prosecutors across the state – including with the Texas Attorney General's Office – have relied on Pikett for "expert testimony" in a number of criminal cases.

I've previously written about Deputy Pikett and the junk science of scent linups here and here.

But hey, Graves was eventually exonerated and released, right? As Justice Scalia would assure us, this case is just more proof that the system is working.