Category Archives: Police Watch

A Thought Experiment: Fraternity Initiation Gone Horribly Wrong

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I would like to conduct a little thought experiment.

It seems that quite a few people have very strong opinions about the Freddie Gray case in Baltimore. Some of you see this as a race issue, others as a police issue (cops either almost always have halos or devil horns), and a few see this as the human tragedy it truly is. Some believe that there simply isn’t enough proof to bring charges against the six police officers. They are being railroaded and overcharged some say (I would like to point out that overcharging non-cops and railroading non-cops in the justice system is an everyday occurrence). I would like to remove these variables and see if we come up with a different conclusion if we change the actors.

Let’s say that instead of six cops putting Freddie Gray in a paddy wagon its six fraternity brothers (of any race you wish, but let’s say they are all of the same race…use your imagination) from the (fill in the blank) chapter doing an initiation. At this point in the story, our analogue for Freddie Gray is a pledge who wants to join this fraternity. Let’s call him Jim.

Are you with me so far?

Now that we know who the actors are let’s continue…

Several of the fraternity brothers find Jim and start the initiation process. They put Jim in hand cuffs and call the rest of the fraternity brothers who eventually pull up in a van. As they begin to put Jim in the van, he begins to panic.

“I can’t breathe, I need my inhaler!” Jim says.

The fraternity brothers ignore Jim’s concerns and proceed to put him in the back of the van.
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Jim sits on a bench with both his hands and feet cuffed but not restrained in a seat belt. The van peels out down the road. Jim is bouncing around the van. Whatever else happened inside the van remains unclear. Did the fraternity brothers get a little too rough with him? What caused Jim’s neck injury? Was his injuries sustained just from bouncing around with his hands and feet bound?

We don’t know for sure.

The driver stops the van and checks in on Jim. Clearly, Jim appears to be hurt but the driver offers no medical attention, shrugs, and returns to the driver’s seat.

After driving a few more blocks, the van stops to pick up a second fraternity pledge. Jim, no longer really “into” being a pledge says at least twice that he needs to be taken to a hospital or at the very least, dropped off. Jim is having difficulty breathing. The driver again ignores Jim’s pleas and obvious medical needs.

What happens next remains controversial. Some news outlets say the other pledge witness Jim trying to injure himself! A day or two later, the person claiming to be the other pledge says that he was being misquoted and said that Jim did not try to injure himself. Even more news stories claimed that the original story was true and the second story was false.Dr. David Samadi writing an article for The New York Daily News writes that an injury of that type being self-inflicted is “highly unlikely.”

After driving around a bit more the van stops again. Jim is on the floor and unresponsive but the frat brothers again decide not to take him to a hospital or offer any kind of assistance. Still bound at his hands and feet and still not secured in a seat belt, the van makes its way to the frat house.
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When the van finally stops at the frat house, the driver notices that Jim isn’t breathing. The frat brothers finally come to terms with just how dire the situation is and dial 911.

Jim is transported to the hospital via ambulance. About a week later, Jim dies of injuries to his spine.

In the autopsy report, the cause of death is ruled a homicide.

In the weeks that followed Jim’s death, there were all sorts of rumors about his character. He had been arrested several times – mostly drug offenses. Stories on social media also claimed that Jim had sustained the spine injuries in a car accident prior to the fraternity initiation and had a surgery to repair the damage (this story turned out to be false but many people still believe it to be true). Furthermore, the toxicology report revealed that Jim had heroin and marijuana in his system.

Now that these variables are a little different, is there anyone out there who is going to tell me that in such a scenario these six frat brothers would not receive at least some of the following charges?

-Manslaughter by vehicle (gross negligence on the part of the driver – 10 years)

-Manslaughter by vehicle (criminal negligence on the part of the driver – 3 years)

-False imprisonment (the remaining five frat brothers – 1 count each)

-Manslaughter (1 count for each frat brother)

Based on these findings by the DA, would you say these frat brothers are being over charged? Should they be charged at all? Jim was alive and well before the frat brothers picked him up. Now he is dead. Something happened while he was under the control of the frat brothers.

And what about Jim’s arrest record? (Note: arrests are not the same as convictions) What about the toxicology report showing heroin and marijuana in his system? Assuming this is true, does this somehow absolve the frat brothers of any wrong doing, at least partially? If so how?

Final question: is your conclusion to the above scenario similar to the real life Freddie Gray case? If not, why not?

As to other ancillary comments about the protests, riots, or other cases…post those elsewhere as they are not relevant to this discussion.

Quote of the Day: Baltimore 2015 Edition

what ifI’ve been thinking quite a bit about the situation in Baltimore and the very state of our culture. This Facebook status update I came across yesterday is very worthy of repeating here.

I really wish people would stop posting Freddie Gray’s criminal record, as if that makes him deserving of having his spine broken while in police custody, killing him. You can’t claim to be a supporter of constitutional rights, yet care nothing of Freddie Gray’s rights. This brother was no less deserving of his life than any white collar criminal. I don’t support rioting & looting, but I also won’t support those who think his life was worth less than the next person, or that he got what he deserved. He was the victim in this case, and his record is irrelevant… – Talitha McEachin

Agreed. Unless Freddie Gray presented a presented a threat to the lives of the police officers while he was in custody*, the police had no right to use the force they used that ultimately ended his life. Whether he was arrested one time or a thousand has nothing to do with how Gray was treated.

*Of course at this point, we don’t really know what happened while Gray was in custody. This is yet another argument for the notion that each and every moment the police are interacting with a suspect that these interactions should be recorded and made available (eventually) to the public. There’s simply no excuse for this not to be the policy of every police department in 2015.

Walter Scott Shooting Is Reminder of Why We Must Defend Our Right to Record

A police officer in North Charleston, South Carolina has been charged with murder in connection with the shooting death of an unarmed motorist named Walter Scott.

Patrolman Michael Slager initially claimed that following a traffic stop for a broken headlight, motorist Walter Scott tried to take Slager’s taser. The two struggled, Slager feared for his life, and shot Scott as the two fought over the taser.

Then an absolutely devastating video emerged. The video shows Slager shoot the unarmed Scott eight times in the back as Scott tries to fee. After the shooting, Slager handcuffs the dying man, leaves him lying facedown without medical attention, and retrieves an object to drop near the body.

After the video emerged, Slager, a five-year veteran with the force, was taken into custody, charged with murder and denied bond at his initial hearing. He was fired from his position with the force. The attorney who went on record with Slager’s story about the shooting occurring during a struggle over the taser is no longer representing him.

Query:

How do you think it would have played out without the video?

All over the country, our right to record is under constant assault from police who treat citizens recording them as law-breaking obstructionists. Walter Scott’s death is a stark and heartbreaking reminder of why we must vigorously defend the right to record.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Most Police Abuse Committed by a Handful of Officers

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Jonathan Turley at Res Ipsa Loquitur has posted an interesting snippet about a study concluding that the majority of police abuse incidents are committed by a small group of officers:

… A relatively small number of officers are responsible for over half of police abuse claims. We have seen similar results in studies of malpractice cases of doctors. Yet, this small group of officers not only tarnish the reputations of all officers but cost massive amounts of money. …

Law professor Craig Futterman, who runs the University of Chicago’s Civil Rights and Police Accountability Project, has done some interesting work in this area. His study of the Chicago Police Department found the same officers fueling these costs. It suggests that a better job of self-policing could result in substantial savings for police departments and more importantly greater protection for citizens.

UCLA law professor Joanna Schwartz has found similar results.

In the wake of the shooting of two police officers in Ferguson, Missouri, and the executions of two officers in New York City in December, it is unquestionably important to keep this in mind. I generally think most of us in the reform movement already know it.

The problem is that we lack confidence in police efforts to police their own. As Turley notes:

…Most cities still resist keeping records that would help identify such officers and track patterns. This would seem to offer obvious areas of reform for departments. We have certainly seen anecdotally that officers involved in controversies often seem to have checkered histories of prior lawsuits or serious complaints. The problem is the political will to implement the academic findings.

The lengths departments are willing to go to remain ignorant of the bad apples in their barrels are reflected in the costs passed on to taxpayers. Chicago paid a half a billion dollars over a ten year period. New York City paid that amount over a five year period. A single division in Los Angeles cost the city $125 million.

Yet Lou Reiter a former Los Angeles deputy police chief who trains police departments on “liability management,” says departments rarely ask themselves what they could have done differently to avoid those costs. Instead they blame the courts or the public for not understanding the difficulties inherent in the job.

Many do not keep records or make an effort to run the numbers to identify the “relative handful of officers” who account for half of all complaints:

While New York City pays the Police Department’s skyrocketing legal bills, the department makes almost no effort to learn from lawsuits brought against it and its officers. The department does not track which officers were named, what claims were alleged or what payouts were made in the thousands of suits brought every year.

What’s more, officers’ personnel files contain no record of the allegations and results of lawsuits filed against them. Neither the Police Department’s Internal Affairs Bureau nor the Civilian Complaint Review Board investigates allegations made in lawsuits, and police officials review only the litigation files of the few dozen cases each year that result in payments of $250,000 or more.

The majority of police officers are innocent of abuse.

But when good men do nothing, evil triumphs.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Chicago Police Using Domestic “Black Site,” The Guardian Reports

Homan Square in Chicago. Image retrieved from New York Daily News website.

Chicago’s police department is running an “off-the-books interrogation compound” that attorneys liken it to the domestic equivalent of a CIA black site, according to a chilling report from the Guardian’s Spencer Ackerman.

Suspects, like the trio of potheads who wanted to attack Obama’s re-election campaign headquarters with a slingshot and marbles in protest of the NATO summit, are taken to “Homan Square.” But no one is ever booked inside it walls. No public, searchable record of their time there is generated. Neither their families nor their attorneys are informed of their whereabouts. Lawyers attempting to gain access are turned away, even if their clients are in custody inside.

At Homan Square they don’t process paperwork about your arrest. You’re just gone. No one knows.

At some point they have to do the paperwork and prosecute you. After they get your confession, you wind up back in the paperwork.

Suspects allege being beaten, kept in chain link cages, and shackled for extended periods while held inside Homan for as long 24 hours, without access to a lawyer, before being transferred precincts for booking or simply released.

“They just disappear,” said Anthony Hill, a criminal defense attorney, “until they show up at a district for charging or are just released back out on the street.”

Brian Jacob Church, one of the NATO Three, was picked up for suspected terrorist plotting in connection with protests against the NATO summit. He was taken to Homan Square, handcuffed to a bench for 17 hours, and interrogated without being read his Miranda rights. Anticipating he might be arrested in connection with the protests, Church had scrawled an attorney’s phone number on his arm, and explicitly demanded an opportunity to call that lawyer. That request was denied.

“I had essentially figured, ‘All right, well, they disappeared us and so we’re probably never going to see the light of day again,’” Church said.

Since the raid that resulted in Church’s arrest was well publicized, a team of attorneys was simultaneously searching for him to offer their services. Through 12 hours of active searching, he and his co-defendants could not be located. No booking record existed. Attorneys ultimately complained to Mayor Rahm Emanuel. Only then did they learn about Homan Square, and only hours later were Church and his co-defendants taken for booking at a police precinct.

Richard Brzeczek, Chicago’s police superintendent from 1980 to 1983, who also said he had no first-hand knowledge of abuses at Homan Square, said it was “never justified” to deny access to attorneys.

“Homan Square should be on the same list as every other facility where you can call central booking and say: ‘Can you tell me if this person is in custody and where,’” Brzeczek said.

“If you’re going to be doing this, then you have to include Homan Square on the list of facilities that prisoners are taken into and a record made. It can’t be an exempt facility.”

The NATO Three were ultimately found guilty of lesser charges (possessing an incendiary device and “mob action”), but acquitted of terrorism related offenses.

[D]efense attorneys, bolstered by undercover police recordings that prosecutors played in court, argued that the three were “goofs” who talked big and were goaded on by two undercover police officers.

[T]hey were frequently drunk, high and unable to complete simple tasks, once missing out on a protest because Church had to wait for his pot dealer.

One of the undercover officers told an apologetic Church that he needed to make a to-do list in the morning before smoking pot.

Church also said he wanted to attack four police stations but didn’t want to Google the locations of two of them. Chase advocated attacking Obama’s re-election campaign headquarters with a slingshot and marbles.

Church declined when Nadia Chikko, one of the undercover officers, asked Church if he wanted to try out one of the Molotovs they’d built with four empty beer bottles, some gasoline and a cut-up bandana from Mehmet Uygun, the other undercover officer.

“I’m too (expletive) cold to be going anywhere. I want to wrap up in my blanket and sleep,” he said.

A lawyer named Eliza Solowiej told The Guardian that she had represented a man who had already been entered into Chicago’s central booking station, and she had personally observed him in a police station without any injuries. Thereafter, someone changed his name in the system and had him moved to Homan Square without any record of the transfer. After his time in Homan Square, he was then taken to a hospital to be treated for head injuries he had incurred sometime in the interim.

Another lawyer reported taking a call from a worried mother. She believed her 15-year-old son had been arrested, but she was having trouble finding where he was being held. After “12, maybe 13” hours, the 15-year-old was released without charges.

A 44-year-old detainee named John Hubbard died in an interview room at Homan, allegedly of heroin overdose. But The Intercept’s Juan Thompson says there are no official records or even a coroner’s report confirming that cause of death. Nor are there records that explain why he was detained in the first place.

Chicago police at first did not respond to The Guardian’s questions about the facility. Once the story was initially published, the department issued a statement insisting there was nothing untoward taking place at Homan, that records are generated for arrests, and that if “lawyers have a client detained at Homan Squire, just like any other facility, they are allowed to speak to and visit them.”

As noted by The Guardian, the statement does not address how long into an arrest or detention those records are generated, or whether they are made available to the public, such as family members looking for relatives who have been picked up and attorneys searching for their clients. The department did not respond to The Guardian’s request for clarification on that issue.

[A] retired Washington DC homicide detective, James Trainum, could not think of another circumstance nationwide where police held people incommunicado for extended periods.

“I’ve never known any kind of organized, secret place where they go and just hold somebody before booking for hours and hours and hours. That scares the hell out of me that that even exists or might exist,” said Trainum, who now studies national policing issues, to include interrogations, for the Innocence Project and the Constitution Project.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.
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