Blue Must be True

Contrasts, similarities, this blog, and my book

2009-08-22T02:23:00Z

Graphic Content Warning:

Old and new, big and small, good and bad – contrasts have a way of bringing clarity. And within contrasts we can still see similarities.

My policing experience was full of contrasts – and similarities. My first few years wearing a badge and toting a gun were spent in the roughly 750 officer strong Norfolk Police Department in Virginia on the Chesapeake Bay.

Norfolk and the surrounding areas had the type of policing activities one would expect in any heavily populated urban environment. Norfolk PD is also one of the oldest police departments in the country tracing its official beginnings to 1797.

My last ten years behind the badge were spent in the Albemarle County Police Department serving a more rural area of central Virginia. It has about 100 hundred officers and, created in 1983, is probably one of the youngest police departments in the country. Before that, an elected sheriff handled all law enforcement duties.

Norfolk is a big military area and hosts the world’s largest navy base, the Naval Station Norfolk. With all of those sailors plus various other colorful characters there were plenty of no-tell-motels, go-go dance bars, and storefront churches all competing for the souls of passers-by. In contrast, Albemarle County is host to many large country estates and horse farms and is also home to Thomas Jefferson’s Monticello. Since it is only about two hours from D.C., and in conjunction with its many claims to fame, Albemarle County attracts the elite along with the ordinary.

Even though I had significant policing experience in two very different agencies, police work remained the same. Officers enforce laws and deal with human misery.

In Norfolk, the first call I went to by myself after I was cut loose from field training, involved a domestic dispute. When I arrived I found that the girl had put the business end of a shotgun in her mouth and pulled the trigger as she was sitting on the edge of the bed. The boyfriend said he was lying in bed when it happened. The fact that he had so little blood on him, if any, made his story difficult to believe – because with the girl’s brains splattered all over the wall and ceiling, it did not add up.

In Albemarle County I once went to another shotgun suicide (I did not know that is what happened until after I arrived – all was quiet on my arrival and dispatch had no information) and when I slowly peered inside the house my first thought was, “What the hell is that cow brain doing on the floor?!” I had seen cow brains for sale in ethnic food sections in some markets and the lobe I saw on the floor – still intact – reminded me of that. I scanned a little further in the dark room and in that same instant I knew where the brain really came from. I was amazed that the shogun blast split both lobes in half, yet they remained largely intact as they exited a shattered skull. Also amazing, after seeing so many ugly events, were the trivial thought processes cutting in line amongst the pressing issues at hand.

In both agencies I responded to many self-inflicted injuries resulting in death, plus many injuries and deaths of people at the hands of others. I knew very well, and worked with, officers from both agencies who were killed in the line of duty - one from Norfolk and one from Albemarle who later went to another agency where he met his End of Tour. I also participated once in specialty training with an officer from another agency who later was killed in the line of duty. I was no stranger to the risks officers face.

Both agencies also provided adrenalin pumping pursuits. In Norfolk I remember one in particular. The robbery suspects came flying through an intersection where I just happened to be. Well over a dozen police cars between Norfolk Police, Virginia Beach Police, and the State Police became involved snaking through city streets only to see the suspects elude capture and leave a few crashed police cars in their wake. Lack of leadership, planning, and effective training were to blame.

Albemarle County offered up vehicle pursuits also but occasionally pursuits involved traipsing through heavily wooded areas filled with uniform-ripping brambles and ankle-twisting logs scattered across uneven ground – not to mention poison ivy or the dangerous suspect.

And fights… both jurisdictions provided experience in that arena. I learned significant lessons from the guy who attacked me without provocation and vigorously tried to get my gun early in my police career. I remember well my Tasmanian Devil response in successfully defending myself. I learned what allowed the battle in the first place, and to never let that happen again.

The mundane in between the hair-raising was also common to both police departments.

In all those ways, both agencies had contrasts and similarities. In addition, both agencies had significant problems with police abuse of authority and other forms of misconduct. The culture of policing, similar in both agencies, largely took the same approach towards the misconduct and incompetence.

In Norfolk I saw a senior officer pull a handcuffed prisoner out of a police car and start slapping him just because he felt like it. I was the junior officer on scene among several senior officers and I was amazed that it seemed to bother nobody else. I was more stunned and confused when I told a supervisor about the incident and his response was, in essence, a yawn. And I didn’t know what to think when I continued to hear about and see similar incidents, some of which involved supervisors setting the bad example - in both departments.

I saw another facet of the attitude some officers possess when I was riding with a senior officer - well liked and respected at Norfolk PD - who gunned the engine of a police car and purposely lurched it forward towards a mother with a baby in a stroller, scaring her - and me - half to death. The officer was impatient. He had stopped initially but he had to wait too long for the young mother struggling to push the stroller across his path due to ruts along her path. Yet that was not the only example I saw of police having an almighty and grossly uncaring attitude - there were numerous other instances in both departments.

In Albemarle County I know of an officer who shot accidentally at a DUI suspect and how police department administrators - including the chief of police and the prosecutor - teamed up to cover up the incident. I know that the officer changed his story from an accidental shooting – something of which officers at the scene were aware - to later claiming he shot to protect the life of another officer. That was a lie - he had his finger on the trigger when he should not have. Not only did an investigation reveal the shooting was unintentional, the officer told me so himself. The investigation results were buried. I was on the firearms instructor team and I know that the entire team strongly believed the officer in question should go back to the range for more safety training. Police administrators declined. To do so would mean admitting mistakes were made. The same officer sometime later took a police car to go hunting and shot the police car instead of the deer. I know how the department went to great pains to cover up similar image tarnishing incidents.

In Norfolk once when I had just begun my shift and was heading to my sector, a vehicle running through a stop sign at about sixty-five miles per hour, in a residential area, t-boned my police car. The force of the impact sent me spinning like a top perhaps a couple hundred feet down the road. The other vehicle stayed near the point of impact but spun around ending up facing the opposite direction from from which it entered the intersection. I didn't know what hit me. The intersection was only a two-way stop and I had straight-through right of way. I glanced left and right as I approached the intersection and saw it was clear. I had been going about twenty-five miles per hour down the street and all of a sudden - bam! The other vehicle's distance from the intersection kept it out of my peripheral view as I approached but the driver's speed closed the distance quickly. The cage in my police car prevented more damage from the t-bone impact but it still knocked me around inside even with a seat belt in use.

The impact caused some vertebrae to move around and I started experiencing gradually increasing numbness in the weeks following. I ended up having steel plates and screws inserted in the base of my spine to prevent further movement. You can see how one of the middle screws has a slight separation. The doctor told me that happens sometimes as bone grafts take hold and the whole spinal fusion set-up solidifies as a complete support system. So while I do have a strong spine and I don't put up with any police incompetence or misconduct, it is fair to say I also have a screw loose. Some police administrators might point that out because I was so intent on speaking up about misconduct and seeking competency in policing - but isn't that something which should be open to public discourse and scrutiny? Anyway, the injury did not slow me down and I continued in policing for about another 12 years.

I was grateful for the cavalry response to help me when I was involved in that accident but I bring it up to illustrate a point. The driver that struck my vehicle was at fault and consequently was charged with multiple violations: Reckless Driving, Suspended Operators License, No Insurance, and Improper Registration. He plead guilty to all the charges. The charges were all legitimate and it was appropriate that the driver bore responsibility for his actions.

However, there is occasionally a double standard which exists in policing. Sometimes police officers are responsible for vehicle accidents and they are not held accountable. Sometimes police are responsible for other types of accidents causing injury or death to others and accountability flys out the window. Sometimes family and friends of police are let off the hook.

Here are pictures of damage to another police vehicle - this one from Albemarle County PD - after it was towed to the county vehicle facility.

The damage is not a complete totaling of the vehicle but certainly the back end. You would think that whoever was responsible for the damage caused by the accident would be held accountable wouldn't you? The police car was being driven by a sergeant. The driver of the vehicle that struck the police car from behind was a family member of the sergeant. The family member was not charged with any traffic violation even though the typical charge would be following too close.

There were other officers I know of who were at fault in vehicle accidents but were not charged as the typical citizen would be. Double standards just don't seem right to me.

I know of supervisors who could not be reached on the radio because they were too busy having sex on duty. I personally know how some supervisors risked the safety of officers responding to a domestic by not telling them over the radio what they knew; that weapons might be involved and that a police supervisor was the cause of the domestic because he was having sex with someone else’s wife and had been caught by the husband.

I know about a Chief of Police who did not care about the welfare of his officers and in addition to demonstrating that regularly over the years, plainly told me so. I remember how when I expressed an issue of officer safety to that chief, his negative response about his officers was, “Fuck ‘em, fuck ‘em all.” I know how his example and attitude filtered down to some officers and was channeled to the public. I know how that Chief was more concerned about image over substance. I know that other police and government officials often have that same attitude towards the public.
http://bluemustbetrue.com/2009/08/21/contrasts-similarities-this-blog-and-my-book.aspx

Click Play

I know of many more incidents of police misconduct in both agencies and I know of the police culture that seeks to look the other way in many such incidents and how it is similar throughout the United States. I know that the complexities and challenges of policing are the same. I know there are many good police officers and some good leaders - but still too many bad ones. I also know that the Code of Silence is widespread and of the damage it causes policing and the severe danger it poses to the public. I know how some law enforcement officers significantly abuse their authority at great peril to citizens. I also know how the lack of competent leadership is often a large factor in police misconduct. And something I really know is how desperately some police administrators (and political types) will try to stop information vital to public safety from coming to the attention of the public and conjure up assorted fabrications.

My experiences are clamoring to get out along with the research I’ve been conducting. Therefore for the past year a book has been in the works. In order for me to devote more time to completing my book (no easy task I am finding out), this blog will be on hold.

I’ve got a lot to say and it needs to come out. Whether or not anybody else is interested is a different story but I am still pursuing my goal. I appreciate the visitors stopping by Blue Must be True and blog comments will remain open.

If anybody has any questions or comments concerning my book, please feel free to contact me at info@bluemustbetrue.com.

Nick from Phoenix PD

2009-08-14T19:07:00Z

While browsing the other day among various blogs, I came across a post at The Johnny Law Chronicles. On the sidebar, “Johnny Law” describes himself as,

“Cop and military vet. I've been doing this for awhile but I'm still loving every day of it (more or less).”

Evidently Johnny Law is a LEO somewhere and he posts about his various police experiences along with his opinions. That’s perfectly fine.

However, my writing here is not about Johnny Law. The main issue is in reference to “Nick” who commented on one of Johnny Law’s posts.

Nick’s comments were in response to a post wherein Johnny Law describes his recent discovery of Carlos Miller’s Photography is Not a Crime blog and his thoughts about the blog and a particular post. Nick commented on the post and referred, I believe, to me and my blog. Nick gleaned his thoughts evidently, because I have commented on occasion at Carlos Miller’s site, mostly involving police accountability and transparency issues and on some questionable police tactics.

The only thing I know about “Nick” is largely... nothing. He comments from behind the secret curtain of anonymity as do so many others. Nick alludes to being a law enforcement officer and he has what appears to be a Phoenix PD patch by his moniker; so maybe he is a Phoenix cop, and then again maybe not, it doesn’t matter all that much either way.

The portion of Nick’s comments in which he referred to me and this blog, and on which I would like to focus is this:

“…one guy who served a few years in Virginia, had some murky personnel issues and now runs a pretty blatantly anti-cop website of his own.”

So here is my response:

Nick, you, or anyone else who thinks Blue Must be True is “anti-cop,” should feel free to let me know which post in particular, if any, is “anti-cop” and precisely why you believe that to be so.

Here is one list of posts from which you can begin your search, and here is another.

Certainly you are also welcome to choose from any of the posts on Blue Must be True other than what I provided. I was just trying to make your searching easier and also provide a way in which you might understand what is meant to be conveyed here at Blue Must be True.

If you pick posts other than those in the links I provided, please explain what the difference is between me posting about certain policing incidents, and the same or very similar posts presented on websites such as PoliceOne.com, Officer.com or LawOfficer.com, like this one, or this one, or this one, or this one, (the list could go on) unless of course you think those sites are also “anti-cop.” The fact is Nick, I often find some of the articles about which to post at the popular police web sites I listed.

If you don’t have the desire to diligently pursue a clearer understanding on your own, then please allow me to make something clear.

Blue Must be True is not “anti-cop,” blatantly or otherwise. As the name simply suggests, it is vital to public safety and the protection of constitutional rights that law enforcement officers are exemplary in their conduct and their commitment to integrity and competency. It must be that way or the public and law enforcement officers - those citizens who have been entrusted with vast power and authority - will suffer greatly. Unless one is handicapped with a dull mind, it should not have to be explained that Blue Must be True.

The unfortunate reality is, while some law enforcement officers do exist who are dedicated to integrity and competent policing and who have no problem with accountability and transparency, there are many officers who don’t fit into that mold.

But don’t take my word for it, see what the US Department of Justice has to say on the issue as does an independent study conducted by the National Institute of Ethics. You can get a summary of that information here along with another post to determine whether or not this blog is "anti-police," or, just opposed to incompetency and a lack of integrity.

As far as “murky personnel issues” goes, I am not sure exactly where your mind is going.

My policing career in two agencies consisted largely of responding to 911 calls for service – that means I was out on the street doing my job. Occasionally I instructed in firearms and defensive tactics and conducted background investigations. I was, and still am, a vigorous supporter of officer safety - which also includes the effective use of defusing techniques. I was, and still am, concerned for the general well-being of law enforcement officers. I have no patience however, for law enforcement officers who abuse their authority, engage in various forms of misconduct, and all the accompanying efforts to cover up such antics. I have no tolerance for those who should not be wearing a badge.

During my police career I saw how police misconduct and abuse of authority is tolerated, condoned, and sometimes even rewarded. I have been in law enforcement long enough and have seen plenty of evidence to know how much damage that can do to an agency, individual police officers and society. I know that so often departmental problems stem from the lack of competent leadership. I know that many departments across the country are similar to those at which I served.

I know that reports of misconduct hurts the delicate ears of some law enforcement officers and their strident supporters. I don’t like to hear about it either. I also know that the only way to get problems meaningfully addressed is to shed some light on the issues. I only cover a small fraction of the large problem of police misconduct and quite frankly, I don't see large numbers of law enforcement officers taking a strong vocal stand to demand integrity and accountability. I don't even see small numbers of officers doing that. Just a very, very rare bird on occasion.

Nick would you feel better if this blog concentrated on action packed police stories so that people could read them wide-eyed and breathless? Would you feel better if I concentrated on feeding the already obese egos of far too many law enforcement officers? That won’t solve the pressing problem at hand.

Police misconduct knows no boundaries

2009-08-04T19:17:00Z

Give any person significant power and authority and it is possible to abuse it. Neither societal status, nor gender, nor race, nor so-called sexual orientation matters. The one common factor is the human one. Yet that is still no excuse for police abusing their authority and all the more reason for constant oversight and complete transparency..

On Monday August 3, 2009, Deputy Jonathan Bleiweiss of the Broward County FL Sheriff's Office was arrested on 14 charges including sexual battery, false imprisonment, and stalking. Bleiweiss is alleged to have used his badge and authority while on duty to engage in sexual activity with at least eight male victims ranging in age from 17 to 30. All the alleged victims are reported to be illegal immigrants mostly from El Salvador and Mexico. Most spoke little English. Bleiweiss is alleged to have used the fear of deportation against the victims in order to pursue the forced sexual activity.You can read more here.

Another Chief of Police sets example for the troops - too bad it wasn't a good example

2009-08-01T21:13:00Z

Back on June 2, 2009, Perry Township Ohio Chief of Police, Timothy Escola, and his recently hired part time officer Janine England - one of the 29 officers in the department - had to travel to the Cincinnati area to bring a burglary suspect back to Stark County. It was a long drive - almost seven hours.

With the in-car-video-camera going and a prisoner laying down in the back seat, Chief Escola decided to pass the time teaching officer England some of the more intimate details of policing. Officer England was a willing student and evidently already well versed in the topic although she seemed to forget about Click It or Ticket. Chief Escola also managed to display his multi-tasking driving ability. The following training video has a split screen featuring the roadway and in-car events.

I wonder how many police agencies in this country have shining mission statements and lofty alleged goals yet remain plagued with abundant personnel unwilling to fulfill those goals?

Chief Escola resigned after the intimacy training event was anonymously brought to the attention of town leaders but nothing will happen to officer Janine England as she remains with the Perry Township Police Department. I cannot figure out that logic.

Oh, and the burglary suspect... the charges were dropped the next day.

Colorado Springs Police arrest armed robbery suspects after shots fired and pursuit

2009-07-31T02:35:00Z

No doubt about it, occasionally police officers face deadly force circumstances. On Tuesday July 28, 2009, in Colorado Springs, 29-year-old Delvikio Falkner and 31-year-old Orlando Guevara were reported to have entered a Lingerie store brandishing at least one firearm. Employees activated an alarm system and the robbery suspects fled in a vehicle. News reports state that the suspects fired shots at responding police and then abandoned the vehicle in a neighborhood. Police continued the chase on foot.

...and the point is?

The challenges of policing are multi-faceted. Officers don't know when they might face a deadly situation, so they must always be prepared for such circumstances. This I believe.

But law enforcement officers do know that in every circumstance they face, whether it be adrenalin pumping or yawn producing - and anything in between - they must always be prepared to engage their duties looking out for their own safety and within the constraints of the law ensuring that constitutional rights are protected - with equal diligence.

There is no indication in the Colorado Springs robbery incident that responding officers did anything less than safely and properly perform their duty. They appear to have done a good job in a very difficult and tense situation.

Examples of the opposite routinely appear in the news. Just as a job well done serves to be an important reminder of certain facets of policing, so should converse incidents serve as vital reminders of where policing needs to improve. That is one of the ongoing purposes of this blog.

* As an interesting side note...during the first part of the video, did you happen to see how the suspect had to quickly hoist his pants up at one point while running. That's why I always wear a belt!

Hollywood Florida Police officers “Bend” the Truth

2009-07-28T22:43:00Z

Have you ever wondered what goes through a police officer’s head if he or she determines there is a need to “bend” the truth? Do police even do that sometimes? You know…lie? Do they look out for each other? Is there special treatment for police officers sometimes?

The incident which follows, among other things, introduced me to a new and magical term never before heard in my ears during my policing experience; that would be to, “do a little Walt Disney,” when the truth needs a little bit of doctoring. I know truth "bending" occurs, I just have not heard the incorporated reference to the creator of the Magic Kingdom. I found a link to this incident while browsing comments on another police blog and it led me to what I believe was the initial breaking blog story.

Back on February 17, 2009 in Hollywood Florida, Hollywood Police Officer Joel Francisco was stopped in traffic at a red light. When the light changed, traffic moved forward. A vehicle which had been in front of Officer Francisco, stopped suddenly; it was then struck from behind by Francisco’s police vehicle.

Officer Francisco approached the female driver and suspected that she was DUI. Other officers responded to assist Officer Francisco. Here is an excerpt from the police report completed by one of the assisting officers, Dewey Pressley (may have connections with Dewey, Cheatham, and Howe)

OFFICER FRANCISCO ADVISED THAT HE HAD BEEN STOPPED FOR THE RED LIGHT IN THE 2800 BLOCK OF SHERIDAN ST. OCCUPYING THE CENTER WESTBOUND LANE. THE TRAFFIC LIGHT HAD CHANGED TO GREEN AND AS HE BEGAN ACCELERATING HE OBSERVED TO HIS LEFT A RED OLDER MODEL TOYOTA, WHICH WAS ALSO TRAVELING WESTBOUND. APPROXIMATELY 50 FT. INTO THE INTERSECTION, OFFICER FRANCISCO OBSERVED A LARGE OBJECT DARK GRAY IN COLOR TO HAVE BECOME EJECTED OUT OF THE DRIVER'S FRONT WINDOW OF THIS RED TOYOTA. THIS RED TOYOTA WITHOUT ANY WARNING CHANGED ITS COURSE OF TRAVEL INTO THE CENTER LANE WHICH OFFICER FRANCISCO WAS OCCUPYING. THIS VEHICLE ABRUPTLY APPLIED ITS BRAKES AND CAME TO A COMPLETE STOP IN FRONT OF OFFICER FRANCISCO LEAVING HIM NO COURSE OF ACTION BUT TO STRIKE THE RIGHT REAR OF THE RED TOYOTA WITH THE LEFT FRONT OF HIS POLICE VEHICLE. THIS OFFICER ASSISTING IN THIS TRAFFIC CRASH INVESTIGATION DID OBSERVE PHYSICAL EVIDENCE PRESENT. THIS EVIDENCE SHOWED THE PATH OF TRAVEL AND THE ANGLE OF IMPACT OF THESE TWO VEHICLES.

AFTER THE TRAFFIC CRASH HAD OCCURRED OFFICER FRANCISCO IMMEDIATELY EXITED HIS VEHICLE TO CHECK ON THE OTHER DRIVER. UPON DOING SO HE OBSERVED A W/F THAT WAS SEATED BEHIND THE STEERING WHEEL, BEING THE SOLE OCCUPANT IN THIS VEHICLE. THIS DRIVER IS NOTED TO BE THE ARRESTEE WHO IS ALSO LISTED AS V-1 IN THE TRAFFIC CRASH REPORT. OFFICER FRANCISCO STATED THAT THE ARRESTEE TORRENS MADE A SPONTANEOUS STATEMENT THAT " IT JUST JUMPED OUT," AT WHICH TIME HE QUESTIONED WHAT HAD JUMPED OUT. THE ARRESTEE STATED " A LARGE GRAY STRAY CAT," WHICH HAD BEEN SITTING ON THE ARRESTEE'S LAP WHILE SHE WAS OPERATING THIS VEHICLE. WITHOUT ANY INDICATION THIS CAT HAD JUMPED OFF OF THE ARRESTEE'S LAP AND OUT OF THIS VEHICLE THROUGH THE OPEN DRIVER'S WINDOW WHILE THIS VEHICLE WAS IN TRANSIT. THIS HAD DISTRACTED THE ARRESTEE, CAUSING HER TO LOOK BACK TOWARDS HER LEFT AND THE ARRESTEE STEERED THIS VEHICLE RIGHT INTO OFFICER FRANCISCO'S PATH OF TRAVEL.

Now, here are some excerpts, as the truth is beginning to unfold, from the audio of the police video system which was transcribed yesterday, July 27, 2009. Evidently, the officers may not have been aware audio was still being recorded. The currently available version of the transcript does not identify which of several officers are making the various statements.

officer - Well, I mean it is such a double edged sword.

officer - I don't think you will have a problem with that at all.

officer - It is such a double edged sword, because you are at a traffic light and the traffic light goes green and people start to accelerate.

officer - There you go.

officer - And there is no reason in your head - whether you keep a safe distance or not - you would be anticipating someone to abruptly slam on the brakes unless you see a large object coming and especially - as far as I'm concerned, I'm going to put words in his mouth. She went to accelerate, a cat jumped out, literally a cat jumped out the window at which time as he thought...

officer - (laughing)

officer - ... could have been a pedestrian, which distracted him because he was concerned, and that's normal. And before he comes to a stop - boom. Hey.

officer - Actually, I mean I wouldn't expect a cat to come out. I mean it could have been a fucking kid jump out the fucking window.

officer - That's exactly what I thought. I didn't know what the fuck was going on.

officer - I ain't worried about the accident shit right now. Let me get her a blow and get her sample. I know they are on video. I hung her up to dry on that. She gets to the stop light, I mean she is telling me, well, she abruptly slams on the brakes, blah, blah, blah. So I ain't too worried about that. I mean what's the chance of hitting a fucking drunk with a cat jumping out the window...

officer - Tell him I will take care of the narrative and the crash report and give it to him or e-mail it.

officer - When you are done let me see...

officer - ... just let me space the whole thing out. I will do the narrative for you. I know how I'm going to word this, the cat gets him off the hook... I will write the narrative out for you. I will tell you exactly how to word it so it can get him off the hook... I am going to show you something. We are going to bend this a little bit.

officer - Okay.

officer - Because she is drunk, so it is what it is.

officer - Hey, you are the expert.

officer - Well, I don't want to make things up ever, because it's wrong, but if I need to bend it a little bit to protect a cop I'm gonna. You see the angle of her car?

officer - Yes.

officer - You see where it's like this?

officer - Yes.

officer - As far as I'm concerned, I am going to word it, she is in the left-hand lane.

officer - Okay.

officer - And when the cat jumped out she abruptly got over to this lane and slammed on the brakes.

officer - Okay.

officer - Because of the angle of the crash, his is over here, hers is on that side and the angle of the crash.

officer - That's fine.

officer - I will make sure Andre gets - you know what I'm saying?

officer - That's fine.

officer - Andre. Andre, come here a minute. We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway. You see the angle of her car? You see where the collision is?

officer - Okay.

officer - You have already taken photographs, yes or no?

officer - yes.

officer - Well, is there any way... this is what I want to articulate, that she was in this lane and cut over to this lane. it was at the angle what I tried to do with my head on camera is follow the cat. If the cat were to jump you could get to her exactly. That's what I want... You don't have to get any pictures I need, or any whatever, because I don't want Joe to get any (unintelligible). That's not fair to him. She is freaking hammered anyway.

officer - No problem.

officer - What's your badge again?

officer - (unintelligible)

officer - We are always on the same page, that's why we get along so well.

officer - That's what I thought. That was my first thought too. Because when I talked to them I said, okay, now she was in this lane right? I have done plenty accidents from right here where this person goes over.

officer - We are good. We are good.

Well, actually they are not so good. Officer Francisco never saw any cat and the alleged DUI driver was directly in front of Officer Francisco instead of the lane next to him.

Too bad the officers didn't pay attention to the moral from this Disney guy.

For additional information see SunSentinal.com.

UPDATE 7/29/09 Via Packratt at Injustice Everywhere, evidently 21-year Hollywood Flordia Police veteran Dewey Pressley (Now almost certainly having an association with Dewey, Cheatham, and Howe) is no stranger to allegations of fabricating stories to cover for some of his co-workers. Here is the story.

Editors Note: For any thin skinned police officers reading this, please don't assume this is meant to paint all police with the same brush. It only serves to illustrate a significant and continual problem which too many LEOs persistently ignore.

Alexandria VA Police Chief David P. Baker arrested for DUI

2009-07-27T19:32:00Z

Arlington County Police arrested Alexandria Chief of Police David P. Baker for DUI Saturday just after 11pm according to myfoxdc.com.

Baker, whose BAC reading was .19, was driving a city-owned Ford Explorer when it struck another vehicle at the entrance to Interstate 66 at North Fairfax Drive.

Baker’s future is now in the hands of City Manager Jim Hartmann, who announced he’s launched an independent investigation. When asked if Baker’s career was over, Hartmann said, "I'm not prepared to say that right now. We're looking at all the facts of the case. This is a very serious situation.”

Yes it is a very serious situation. The rank-and-file needs an example to follow.

Oklahoma Trooper Daniel Martin Suspended

2009-07-24T00:24:00Z

Daniel Martin, the Oklahoma Trooper who was caught on video struggling with paramedic Maurice White has been suspended without pay for five days. Martin must also undergo an anger assessment.

Martin's attorney, Gary James, previously stated the video would vindicate Trooper Martin.

According to Fox News,

An internal investigation concluded that Trooper Daniel Martin was justified in stopping and arresting paramedic Maurice White during a traffic stop, but "the situation could have, and should have, been handled differently," Highway Patrol spokesman Capt. Chris West told reporters at a news conference.

The investigation also found that Martin should have allowed the ambulance to proceed to the hospital when he realized it was carrying a patient, West said.

Maurice White has filed a lawsuit seeking punitive and compensatory damages.

Police Culture

2009-07-20T21:28:00Z

Being born and raised in Southern California naturally exposed me to cultural traits associated with that part of the country. Often while growing up, and long after graduating from high school in 1975, I was forever on the beach running, swimming in the surf, and catching waves. Plenty of exercise, soaking up the sun, and healthy eating, was all a big part of my life.

Right away when I came to Virginia in 1982, I noticed some obvious cultural differences. One day around that time frame, I was driving through a somewhat rural area (after Southern California, almost anywhere else looked rural to me) of central Virginia and I needed a bite to eat. I stopped at a grocery store and began searching up and down the isles for the “health food” section; something you could find in virtually any grocery store in California. Back then it was the section with all the granola bars, foods without preservatives, organic items, and other similar stuff.

Finding no such thing, I spotted a male employee, a healthy looking fellow himself, who was stocking the shelves. I had seen many farms in the area as I was driving and I wondered if perhaps this gentleman had grown up on a farm. He looked like he was no stranger to hard physical labor.

“Excuse me sir, could you tell me where the health food section is?”

“The what?!” he replied.

“The health food section,” I repeated.

He looked at me like I was either from Mars or Candid Camera and he had no time for such nonsense. I could imagine him thinking, “What are you talking about boy?” After staring at me for a couple seconds and retaining his look of disdain, he resumed stocking the shelves without saying anything else. I walked away wondering, “Was it something I said?” I then found some juice, purchased it, and left the store.

It was in Virginia where I first heard The Civil War referred to as The War of Northern Aggression. It was also in Virginia where I saw a bumper sticker saying, “Teach a Yankee How to Drive – Point Him North.” That is a cultural aspect of some parts of the south just like a Southern California post card and lyrics from a Jimmy Buffet song saying, “The Weather is Here, Wish You Were Beautiful,” exemplifies part of the Southern California culture.

I know that every person in California is not going to fit into cultural stereotypes from that part of the country - same goes for Virginia. I’ve lived in both places for many years and I’ve seen many different aspects of culture from those areas. People don’t possess every single aspect of a culture native to their environment.

I also am familiar with another type of culture.

From many years of experience as a police officer responding to 911 calls for service and from years of instructing various police subjects, I am well aware of aspects of law enforcement. I know of officer safety concerns, the stress involved in seeing human misery, the desire to pursue and apprehend, and the fatigue of shift work - those are all interwoven components of the police culture.

I am here to tell you, unfortunately, that there is an additional aspect of police culture which is a significant hazard to public safety. It does not need to be there and there is no excuse for it. Far too often when an officer purposely abuses his or her authority, there are too many officers willing to either turn a blind eye or actively help to cover up. The problem is compounded when those who have the power and authority to hold police accountable take no meaningful steps to do so.

Recently, The Philadelphia Daily News reported another example of police abuse of authority and the Code of Silence (you can also find a good commentary on the incident at Injustice Everywhere).

In a nutshell, a Philadelphia police officer abused his authority, roughed up some private citizens, threatened them with a gun, lied about it, and then other cops tried to help cover up the abuse. The sum total of accountability so far has amounted to a slap on the pinky for one officer and nothing for the rest.

It’s no big deal if a Southerner wants to point a Yankee back north, and it is no big deal if someone from California enjoys the surf and sun but can’t find a granola bar. It is however, a very big deal when police culture continues to allow for abuse of authority and efforts to cover it up. When that happens, the lives and liberties of innocent persons are put in jeopardy.

It is not all police who engage in such activities but it is far from just a few. It is also something of which you should be fully aware.

Crime scene tension and alleged poor hiring leads to lawsuit after deputy kills wife

2009-07-17T22:12:00Z

Jim Maxwell, the distraught father-in-law of San Diego County Sheriff’s Deputy Lowell “Sam” Bruce, wanted to tell his wife, Kay Maxwell, that their daughter was dead but other Sheriff’s deputies would not let him. Jim Maxwell tried to get to his wife anyway. Deputies, claiming they wanted to keep witnesses separated, used pepper spray, batons, and handcuffs to prevent him from doing so.

The Maxwell’s daughter, Kristin Marie Maxwell-Bruce, was married to Deputy Lowell Bruce. They had been arguing back on December 14, 2006 and heated words were exchanged. It elevated above heated words when Deputy Lowell Bruce, in front of their 4-year-old son, shot Kristin in the face. The bullet destroyed the left side of her jaw and exited her neck but she wasn’t dead just yet.

The Maxwells and the Bruces lived in the same house but Jim and Kay Maxwell did not see or hear the gunfire, they had been asleep elsewhere in the large home. Immediately after the shooting, Jim Maxwell heard Lowell Bruce yell that he had just shot Kristin. A neighbor responded who was also a nurse. She did what she could until paramedics arrived. 911 calls were made and Sheriff’s Deputy Jeffery Jackson was the first to arrive.

Deputy Jackson was aware that his fellow Deputy Sheriff, Lowell Bruce, was the shooter. Jackson did not handcuff Bruce, he did however, place Bruce in the back of the patrol car and give Bruce a cell phone to make calls.

That is interesting in light of the fact that the Sheriff Department spokesperson says that it was procedure which dictated Jim Maxwell be prevented from seeking solace with his wife. Generally it is procedure to cuff a shooting suspect and not give him a cell phone to use in the back of a police car.

Kristin Maxwell-Bruce died within an hour of being shot. She never made it to the hospital and according to the Maxwells, law enforcement personnel hindered medical attention for Kristin.

At the scene amidst all the chaos, Jim Maxwell kept asking about the status of his daughter. He was eventually told she had died and that is when he wanted to go tell his wife.

The Maxwells are angry. Their daughter is dead and they believe that law enforcement personnel bear some responsibility.

Sheriff Department personnel acknowledge there was tension on the scene between deputies and that one deputy said another “fucked” it up by not letting the ambulance leave the house in time. Aside from that they claim proper procedure was followed.

The Maxwells also believe the Sheriff’s Department erred by hiring Lowell Bruce in the first place. Bruce was denied employment from multiple law enforcement agencies before being hired as a deputy sheriff and also twice failed psychological testing.

Bruce accepted a voluntary manslaughter plea bargain and was sentenced to fifteen years. What remains to be resolved is the pending civil litigation expected to go to trial within the next five months.

Two cops fighting

2009-07-11T03:07:00Z

I saw this video at another cop site. The flavor over there is different than what I typically have in my posts but on occasion I will put up something like this. I figured it was about time since I generally have more somber posts.

It just so happens that this video goes hand in hand with a couple patches I picked up one year from a vendor in DC during police memorial week.

This fits too.

"Lazy cop Syndrome"

2009-07-08T22:12:00Z

The University of South Carolina recently released the results of a study funded by the U.S. Department of Justice.

As reported by the Office of Media Relations, the study, conducted by six researchers, concludes that:

Conducted electrical devices (CEDs), such as Tasers, limit injury to police officers and suspects if used properly, according to a three-year study released by researchers at the University of South Carolina and funded by the U.S. Department of Justice...

Dr. Geoff Alpert, a criminal justice professor and one of the nation’s leading authorities on policing, said the study is particularly important for its findings on the use of pepper spray and CEDs, which have generated controversy and been linked to deaths, overuse and abuse.

"We found that the use of pepper spray and CEDs, such as Tasers, reduced the likelihood of injuries to both officers and assailants,"said Dr. Geoff Alpert, principal investigator of the study.

The study reached an additional conclusion:

Excessive use and the potential for abuse was the second key finding of the university study. "We found evidence of 'lazy cop syndrome,'" (emphasis added) Alpert said. "Some police officers are over-reliant on CEDs and are not putting their hands on the suspect. Prisoners are punished when officers use a CED too often and at too low of a level."

The danger in this report is that some law enforcement agencies and personnel will latch on to the first finding and ignore the second.

Here is the report summary and here is the final report. Here is more information about Taser misuse..

Police Transparency and accountability in action

2009-07-08T02:25:00Z

Carlos Miller over at Photography is Not a Crime has a post and video which are likely to get a lively response. The video (to which I linked in a previous post about Taser misuse) shows an Austin police officer engaging in excessive force with a Taser.

An internal investigation was conducted and the Austin Police Department released a copy of the investigation transcript and the resulting 3 day suspension memo.

It gets better. According to an editorial from the Austin-American Statesman at statesman.com, rank-and-file officers, including members of the police union, are openly acknowledging the behavior depicted on the video by the officer was poor policing and inappropriate.

While all department members did not embrace the same values - the IA division saw no need for corrective action - the acknowledgment by some are valuable steps in the right direction. The acting Chief made the decision for the disciplinary action and the new Chief concurred.

Some disciplinary and/or corrective action was warranted but even if it had not occurred, the transparency is key. Only then will the public be able to effectively insist on greater accountability. In this case, decisions were made by police administrators willing to move law enforcement away from being an occupying force in a police state and closer to the intended role of officers truly protecting and serving all the public.

Good job Austin PD!

Police lies and other assorted misconduct

2009-07-08T02:03:00Z

You know, police misconduct is like a buffet - there is such a wide variety and a never ending supply.

But so many people are unaware of how much really exists.

Packratt over at Injustice Everywhere continues to put up a statistical menu of this unhealthy buffet. You really should check out the most recent comparisons of police misconduct vs. criminal conduct statistics from the general public.

Another interesting read can be found at The Connecticut Law Tribune. A criminal defense attorney by the name of Norm Pattis explains how a younger attorney got a sample taste of the misconduct buffet when he confronted an officer who had been less than forthcoming. The young attorney, according to Mr. Pattis, is finding out that when one is served an item from the misconduct buffet, there is always more to follow.

More people need to find out about the misconduct buffet. They need to be aware of its existence. It is the only way to close down this unhealthy aspect of policing.

Remembering July 4th

2009-07-04T16:39:00Z

It is easy for me, and perhaps many others as well, to routinely forget the deeper meanings surrounding our 4th of July celebrations. Personally I am looking forward to the extra time I get to spend with my family just as I do during any other holiday. I am looking forward to the enjoyment I receive and a break from the routine.

I do believe however, it is important to remember what we do have in this country, how we came to have it, how much seems to be slipping away, and why.

In light of that, here is some food for thought.

I also came across a website where the folks there said they came across an anonymous posting of a modern day language version of our Declaration of Independence. It seemed to have value facilitating an understanding so I have copied it here.

Actual phrases of the Declaration of Independence are italicized in bold and in quotation marks. The modern language translation is in a normal font.

"When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another ..."

Whenever a group of people needs to separate themselves from their government ...

"... and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them ..."

... and assert their universal and God-given independence and equality...

"... a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

It's important to clearly state the reasons why.

"...We hold these truths to be self-evident..."

We think it's obvious...

"... that all men are created equal, that they are endowed by their Creator with certain unalienable rights ..."

...that God created every person equal, and He gave each person specific unchanging rights that should never be trampled upon...

"... that among these are Life, Liberty, and the pursuit of Happiness ..."

these include the right of the people to live life in freedom without undue harm, and pursue their dreams and goals.

"That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed ..."

The very reason we have man-made governments is to protect these rights, not to interfere with them. Furthermore, whatever power and authority governments have are given by the people's permission and limited to their protection.

"...that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it ..."

When any government starts to undermine the very purpose of protecting the life, freedoms, and happiness of the people, then they have the right to change the government or even to pull the plug on the government if things get too bad.

"...and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

The people have the right to set up a new and better government based and organized upon tried and true principles that protect, rather than threaten, their safety and happiness.

"Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes;"

It's not wise to change a long-standing government for some trivial or fleeting reason or for the latest political fad;

"and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed."

And, in fact, history shows that people are more likely to put up with unbearable evil (they even get used to it!) than they are to correct the problem. In other words: Put a frog in hot water and he'll jump out. But put him in cool water and gradually turn up the heat, and he'll boil to death.

"But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their Right, it is their Duty, to throw off such government, and to provide new guards for their future security."

But when a government becomes tyrannical and abusive with consistent, repeated violations of the people's rights, with the intent to make them slaves of the state, then the people have the right -- in fact, the duty -- to revolt and put new safeguards in place to protect their future rights.

*****

I hope you have an enjoyable 4th of July! KM

Do you know your rights?

2009-07-03T20:06:00Z

                      Know Your Rights or You Will Lose Them
                                                          By John W. Whitehead
                                                                   6/22/2009
                                                       Reprinted with permission.

"It astonishes me to find... [that so many] of our countrymen... should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases, freedom of religion, freedom of the press, freedom of commerce, the habeas corpus laws, and of yoking them with a standing army. This is a degeneracy in the principles of liberty... which I [would not have expected for at least] four centuries."--Thomas Jefferson, 1788

"Most citizens," writes columnist Nat Hentoff, "are largely uneducated about their own constitutional rights and liberties."

The following true incident is a case in point for Hentoff's claim. A young attorney, preparing to address a small gathering about the need to protect freedom, especially in the schools, wrote the text of the First Amendment on a blackboard. After carefully reading the text, a woman in the audience approached the attorney, pointed to the First Amendment on the board and remarked, "My, the law is really changing. Is this new?" The woman was a retired schoolteacher.

For more than 200 years, Americans have enjoyed the freedoms of speech, assembly, and religion, among others, without ever really studying the source of those liberties, found in the Bill of Rights--the first ten amendments to our U. S. Constitution.

Yet never has there been a time when knowing our rights has been more critical and safeguarding them more necessary. Particularly telling is the fact that even under the Obama presidency, most of the Bush administration policies and laws that curtailed our freedoms have remained intact--all of which have drastically altered the landscape of our liberties.

Thus, it is vital that we gain a better understanding of what Thomas Jefferson described as "fetters against doing evil." If not, I fear that with each passing day, what Jefferson called the "degeneracy" of "the principles of liberty" will grow worse until, half asleep, Americans will lose what our forefathers fought and died for.

A short summary of the first ten amendments shows how vital these freedoms are.

The First Amendment protects the freedom to speak your mind and protest in peace without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans cannot be silenced by the government.

The Second Amendment guarantees "the right of the people to keep and bear arms." This is one of the most controversial provisions of the Bill of Rights. Indeed, there are those who claim that gun ownership in America should be restricted solely to the police and other government officials. In many countries, owning a firearm is a mere privilege, reserved for the rich and powerful. Self-protection, however, is not a privilege in America. It is an individual citizen right which the U.S. Supreme Court has now recognized.

America was born during a time of martial law. British troops stationed themselves in homes and entered property without regard to the rights of the owners. That is why the Third Amendment prohibits the military from entering any citizen's home without "the consent of the owner." Even though today's military does not threaten private property, this amendment reinforces the principle that civilian-elected officials are superior to the military. But increasingly, even under the Obama presidency, the threat of martial law being imposed is a clear and present danger.

There's a knock at the door. The police charge in and begin searching your home. They invade your privacy, rummaging through your belongings. You may think you're powerless to stop them, but you're not. The Fourth Amendment prohibits the government from searching your home without a warrant approved by a judge. But what about other kinds of invasions? Your telephone, mail, computer and medical records are now subject to governmental search. Even though they're all personal and private, they are increasingly at risk for unwarranted intrusion by government agents. The ominous rise of the surveillance state threatens the protections given us by this amendment.

You cannot be tried again after having been found innocent. The government cannot try you repeatedly for the same crime, hoping to get the result they want. It's one of the legal protections of the Fifth Amendment. Moreover, you cannot be forced to testify against yourself. You can "plead the Fifth." This means that if you are accused of committing a crime, it is up to the state to prove its case against you. You are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without following strict legal codes of conduct.

The Sixth Amendment spells out the right to a "speedy and public trial." An accused person can confront the witnesses against him and demand to know the nature of the charge. The government cannot legally keep someone in jail for unspecified offenses.
Moreover, unlike many other countries, Americans also have the right to be tried by a jury of ordinary citizens and to be represented by an attorney. Our fates in criminal proceedings are not decided by panels of judges or unaccountable politicians.

Property ownership is a fundamental right of free people. In a legal dispute over property, the Seventh Amendment guarantees citizens the right to a jury trial.

Like any other American citizen, those accused of being criminals have rights under the Constitution as well. In some countries, the government abuses what they see as disloyal or troublesome citizens by keeping them in jail indefinitely on trumped-up charges. If they cannot pay their bail, then they're not released. The Eighth Amendment is, thus, similar to the Sixth--it protects the rights of the accused. These are often the people most susceptible to abuse and who have the least resources to defend themselves. This amendment also forbids the use of cruel and unusual punishment.

The framers of our Constitution were so concerned about civil liberties that they wished to do everything conceivable to protect our future freedom. Some of the framers opposed a bill of rights because it might appear that these were the only rights the people possessed. The Ninth Amendment remedied that by providing that other rights not listed were nonetheless retained by the people. Our rights are inherently ours, and our government was created to protect them. The government does not, nor did it ever, have the power to grant us our rights. Popular sovereignty--the belief that the power to govern flows upward from the people rather than downward from the rulers--is clearly evident in this amendment and is a landmark of American freedom.

Ours is a federal system of government. This means that power is divided among local, state and national entities. The Tenth Amendment reminds the national government that the people and the states retain every authority that is not otherwise mentioned in the Constitution. Congress and the President have increasingly assumed more power than the Constitution grants them. However, it's up to the people and the state governments to make sure that they obey the law of the land.

Having stood the test of time, there is little doubt that the Bill of Rights is the greatest statement for freedom ever drafted and put into effect. In the end, however, it is the vigilance of "we the people" that will keep the freedoms we hold so dear alive. Therefore, know your rights, exercise them freely or you're going to lose them.

Sheriff Scandals plaguing Oklahoma

2009-07-01T19:41:00Z

"Generally, the people attracted to law enforcement are similar to people attracted to a life of crime," said Bob Blackburn, director of the Oklahoma Historical Society. "They like action. They're physical.They like the excitement of the chase, whether they're the chasee or the chaser.

Bold statements such as the ones above were part of an Associated Press article by Sean Murphy documenting a series of misconduct cases involving a number of Oklahoma Sheriffs. The ongoing problems are attributed to abundant power with little oversight. That seems to always be the case with police misconduct. Self policing does not work. Unless complete transparency and accountability is enacted by legislation and enforced by the courts the merry-go-round will continue.

Of course some folks (mainly police) won't give much credit to the opinion of a director of the Oklahoma Historical Society but that does nothing to detract from the fact that significant misconduct has been occurring.

A list of some of the recent misconduct cases listed in the article:

Former McIntosh County Sheriff Terry Jones and undersheriff Mykol Brookshire are awaiting sentencing on conspiracy charges.
Four former female inmates filed a lawsuit accusing Delaware County Sheriff Jay Blackfox of covering up sexual assault complaints and sexual harassment by other jailers, but Blackfox contends he did nothing wrong.
In March, former Custer County Sheriff Mike Burgess was sentenced to 79 years in prison for sexually abusing female inmates (previous postings concerning Burgess here, here, and here).
A month earlier, Seminole County Sheriff Joe Craig was booted from office after he admitted he allowed a teenage girl to drink wine coolers and vodka while riding in his vehicle.

U.S. Attorney Sheldon Sperling, who prosecuted Jones and Brookshire, helped secure a 25-year prison sentence four years ago against former Latimer County Sheriff Melvin Holly, who was convicted of forcing three women prisoners to have sex with him, serving one moonshine and threatening the life of another.

Sperling also prosecuted former Choctaw County Sheriff J.W. Trapp, who was sent to prison in 1996 for taking bribes from marijuana growers and illegal gambling operators.

Of course the list of Sheriffs prosecuted doesn't count those who managed to keep unlawful shenanigans under wraps. That is not difficult to do when oversight is not present.

Oklahoma historian Blackburn also said some crossing of the line may be inevitable since law officers often come from backgrounds similar to criminals' and live life on the edge.

Ouch! Some hard hitting assessments there!

I don't agree entirely with Blackburn but I do believe that police abuse of authority is not being adequately addressed here in the U.S. of A.

U.S. District Judge: "...it seems to me we are bombarded by stories and cases and prosecutions of police misconduct."

2009-07-01T14:53:00Z

U.S. District Judge Robert Gettleman was referring to police corruption in Chicago when he exclaimed at the amount of misconduct coming to light.

The judge's statement was prompted during the sentencing of ex-Chicago cop, Richard Doroniuk, who was sentenced Tuesday to almost 11 years in prison for robbing drug dealers.

As reported by the Chicago Sun-Times,

The 131-month sentence imposed by Gettleman Tuesday actually was a break for Doroniuk, who pleaded guilty to racketeering and bribery and testified against another officer. Without a plea deal that saw prosecutors drop a civil rights charge, Doroniuk could have faced 30 years in prison.

"I'm sorry for what I did," the tanned, 33-year-old Doroniuk said. "I regret it."

Doroniuk-- who at one point launched a porn-making enterprise from his apartment -- testified against ex-Officer Mahmoud "Mike" Shamah, who is to be sentenced Thursday. Doroniuk testified that he and Shamah stole money and split it after executing search warrants and making traffics tops in 2005 and 2006.

Judge Gettleman couldn't help but proclaim,

"In this city, it seems to me we are bombarded by stories and cases and prosecutions of police misconduct. It's been accelerating. .. . It's very discouraging."

"There's really nobody more powerful than a policeman in a uniform with a badge and a gun. Everyone wants to see the police as their protectors."

Chicago Police spokesman Roderick Drew took a stand in defense of Chicago police officers.

"Most Chicago Police officers do their job quietly and honorably," Drew said."There have been instances recently where a few officers have exercised poor judgment, and they have paid the price."

Is this divergence of perceptions a nationwide problem? What do you think?

FBI to investigate incident of suspect being kicked in the head by El Monte police officer

2009-07-01T14:06:00Z

The FBI has begun an investigation into the use of force used against pursuit suspect Richard Rodriguez by El Monte police officer George Fierro. Their preliminary findings will be submitted to the U.S. Department of Justice to determine if further investigation is necessary or if a prosecution is warranted.

On May 13, 2009, Rodriguez was driving a vehicle which police attempted to stop. Rodriguez evaded police leading them on a 40 minute vehicle chase. He eventually jumped out of his car and continued to flee on foot. Soon afterward he stopped running and gave up, laying facing down on the ground with hands a legs spread. As officer Fierro approached, he kicked Rodriguez in the head. Another officer struck Rodriguez with a baton and a K-9 officer appeared to let his dog bite Rodriguez. All of this occurred while Rodriguez had given up and was not resisting in any way.

An interesting coincidence is that while Rodriguez has alleged involvement in gang activity, police officer Fierro has a side business selling gang style clothing glorifying gang activity.

Missouri city suspends use of Taser after fatality law suit

2009-06-30T18:19:00Z

The city of Moberly Missouri must pay $2.4 million to surviving family members of a man who died after police used a Taser. The city also agreed to an indefinite suspension on the use of Tasers.

According to a report by by WCTV, when Harlan was stopped by police on August 28, 2008, he got out of his vehicle and asked why he was stopped. Harlan's mother, Athena Bachtel, observed the stop which occurred on the street outside her home.

Her 23-year-old son, Stanley Harlan, had just been pulled over in their hometown of Moberly, Mo. As the police car video shows, Harlan got out, wanting to know why he was stopped. One officer checked Harlan's driver's license and called for backup. Three more officers arrived. Police later said Harlan had been speeding - that he wasn't threatening but he refused to cooperate. In the video, the person in the robe looking on is his mother.

"He was actually over there in the grass facing them with his hands up in the air and said, 'I'm not resisting,'" Bachtel said. "And that's when they Tased him, and he fell."

Officer Jeremy Baird deployed his X-26 Taser gun, firing it three times in a row, for a total of 31 seconds.

Harlan was knocked unconscious and went into cardiac arrest. For 14 minutes, he received no medical attention. By the time paramedics arrived, it was too late.

The Moberly Police Department declined CBS News interview requests, but in a written statement, the city called Harlan's death "unanticipated and unintentional," saying: "Police officers must often make split-second decisions in tense, rapidly-evolving situations."

Harlan's mother sought the Taser suspension as a way to prevent other deaths according to the news report. The suspension of Taser use will continue until at least two town hall meetings have been held and until the police department issues a revised Taser policy.

In other Taser news, Spokane police officer Karl Thompson was indicted on federal civil rights charges over a fatal incident in which a disabled man, Otto Zehm, was struck and Tasered in 2006. Spokane officials said Zehm refused police orders to drop a two-liter bottle of soda he was holding and that he fought with officers.

According to U.S. Attorney James McDevitt, Zehm "was deprived of his right to be free from the unreasonable use of force." The indictment also states that officer Thompson made a false statement to investigators.

And in Georgia, the State Legislature never funded a law passed in 2006 requiring the state to train police on how and when to use Tasers or similar electronic stun devices. Consequently, the state is referring local police departments to receive training directly from stun gun manufacturer Taser International. Without statewide provided training, Georgia law enforcement agencies are adopting widely differing policies. Taser officials say they train police to use the weapons safely but leave it up to them to write policies on when and on whom they should be used.

Click here for more info on Tasers.