The bur-

den of proof is on the city, so every case involves surveillance to see how much time an employee is living outside the city. In other big cities like New York and Los

BLACKS IN LAW ENFORCEMENT OF AMERICA

National Information Letter

The Activist

Baltimore Police Misconduct Changes Eyed

As the Baltimore Police Department faces one of the largest corruption scan-

dals in its history, the city's new state's attorney is revamping the way prose-

cutors deal with police wrongdoing as part of a comprehensive office over-

haul.

Gregg Bernstein, who took office in January, is considering eliminating a

decade-old division that is devoted to police misconduct cases. And he has

abolished a controversial list kept by his predecessor that banned certain of-

ficers from testifying at trial.

Such moves appear contrary to national trends "in larger jurisdictions" like

Baltimore, according to Scott Burns, executive director of the National Dis-

trict Attorneys Association, based in Alexandria, Va. Most cities have a

separate prosecutor's unit to investigate criminal allegations against police,

he said, and everyone keeps tabs on officers who might have credibility is-

sues.

"Whether by formal policy or by common sense, you try to make sure that

person isn't the lead investigator on every case," Burns said.

While Bernstein is still choosing his final moves, law enforcement analysts

said they are likely to be geared toward preserving positive relations with

police.

Bernstein campaigned for the top prosecutor position on a platform of better

relations with law enforcement, which roundly endorsed him after years of

butting heads with former Baltimore State's Attorney Patricia Jessamy, who

wasn't shy about criticizing the department.

"The Police Department isn't the enemy" of the prosecutor's office,

said Christopher Dreisbach, an assistant professor within the Division

of Public Safety Leadership at the Johns Hopkins University's School

of Education. "There's a kind of loss of confidence in the whole law

enforcement structure of the city if the two main players are feuding

with each other."

Events during Bernstein's first few weeks on the job have underscored

the need for the watchdog role, however.

In January, four officers were involved in the fatal shooting of a col-

league outside a city club. Last month, 17 officers were indicted on

federal charges in connection with a towing company extortion

scheme, and 14 others were suspended from work. And last week,

The Daily Record newspaper reported that payouts in police miscon-

duct civil suits have already cost Baltimore more than $800,000 this

year.

"The investigation of allegations of police misconduct is a significant

priority of our office," Bernstein said in an e-mailed statement.

He declined to be interviewed, saying in the 500-word message sent a

week ago that his "schedule is a bit tight" and he was not "able to

meet ... or talk on the phone" about the issues or the specific factors

he's taking into account in setting police misconduct policies.

History and conversations with several other prosecutors, including

state's attorneys in Baltimore and Prince George's counties, reveal a

range of considerations in handling such cases, based on the region.

Continued on page 7

Serving 80,000 Black Law Enforcement Professionals

Paying last Respects to a Trailblazer in the Black Law Enforcement Community

Florence Doris (Stewart) Taylor, A.K.A. Mama Taylor is

a woman known for her compassion, her zest for life,

commitment to what is right, love for her family, and her

belief that God is always first.

Mrs. Taylor, born in 1929, remains happily married to

Charles (Chuck) Taylor for 58 years. To this union, four

children were born and this couple’s oldest son is de-

ceased. She is proud to be the grandmother to 17 and the

great grand to 15.

Mrs. Taylor was educated in the public school system of

Elizabeth, New Jersey and went on to be certified as a social work

counselor at Kean College.

Employed by the Federal Government, Urban League, and Family and

Child Services, Mrs. Taylor’s career positions required direct services

to others. With her love for people, she was natural as a Social Worker,

Supervisor for Youth Outreach Program, Director of Social Services

and Neighborhood Organizer. Compassionately, she administered psy-

chological testing, psychiatric evaluations, facilitated marriage counsel-

ing, wrote grants for program funding, and assisted young people in the

search for employment.

As people-oriented as Mrs. Taylor’s career endeavors have been, her

contributions to the community and to the church reflect the same love

for people. She joined Siloam Hope Presbyterian Church in Elizabeth,

New Jersey in 1972 and remains a member; although, she and her hus-

band now reside in Beaufort, South Carolina. At Siloam Hope Presbyte-

rian Church, she served on the Board of Deacons, Board of Trustees,

Board of Session, Youth Advisory Council, and Woman Scholarship

Club. Presently, in South Carolina (since 2002), Mrs. Taylor attends the

Marine Air Station Chapel and she has been named the Mother of the

Church. She is a lifetime member of the NAACP, the National Council

of Negro Women and the National Police Association.

If not Mrs. Taylor’s first love, which is God; her second love, which is her family;

then her third love has to be, the National Black Police Association (NBPA). She

was introduced to this organization, by her husband Chuck, a retired police officer;

as family goes, whatever one member is involved in, so should the family. This

family has been one of the ―Building Stones‖ of the NBPA. Mrs. Taylor is a

founding member of the NBPA Support Auxiliary, where she served as Vice Presi-

dent from 1994 to 1997, and she remains the present President since 1997. She is

an alumni of the NBPA Century Club; in 1994, Mrs. Taylor received the NBPA

Achievement Award; 2002 NBPA Special Recognition Award; and in 2005, Mr.

and Mrs. Taylor received the highest NBPA recognition for excellence, of the

Chairmen’s Award.

The fight for Accountability of Law Enforcement in America

Recently, the US Justice Department released information regarding its

pattern and practice investigation into several police departments. There is

many more police department in need of an intervention by the Justice

Department’s Special Ligation Branch.

Since September 11, 1999, police departments have expanded their role

and authority beyond their traditional functions. Police departments are

taking on the role of the federal government as they get involved in the

enforcement of immigration violations. The use of deadly force and ag-

gressive behavior is regularly used in our communities and neighborhoods

with no concern for its impact on reducing trust and confidence in law

enforcement.

More Black Men Now in Prison System than Were Enslaved

More African American men are

in prison or jail, on probation or

parole than were enslaved in

1850, before the Civil War be-

gan,‖ Michelle Alexander told a

standing room only house at the

Pasadena Main Library this past

Wednesday, the first of many

jarring points she made in a riveting presentation.

Alexander, currently a law professor at Ohio State, had been brought in to

discuss her year-old bestseller, The New Jim Crow: Mass Incarceration in

the Age of Colorblindness. Interest ran so high beforehand that the organ-

izers had to move the event to a location that could accommodate the ea-

ger attendees. That evening, more than 200 people braved the pouring rain

and inevitable traffic jams to crowd into the library’s main room, with

dozens more shuffled into an overflow room, and even more latecomers

turned away altogether. Alexander and her topic had struck a

nerve.Growing crime rates over the past 30 years don’t explain the sky-

rocketing numbers of black — and increasingly brown — men caught in

America’s prison system, according to Alexander, who clerked for Su-

preme Court Justice Harry Blackmun after attending Stanford Law. ―In

fact, crime rates have fluctuated over the years and are now

The Activist

―Most of that increase is due to the War on Drugs, a war waged almost ex-

clusively in poor communities of color,‖ she said, even though studies have

shown that whites use and sell illegal drugs at rates equal to or above

blacks. In some black inner-city communities, four of five black youth can

expect to be caught up in the criminal justice system during their lifetimes.

As a consequence, a great many black men are disenfranchised, said Alex-

ander — prevented because of their felony convictions from voting and

from living in public housing, discriminated in hiring, excluded from juries,

and denied educational opportunities.

―What do we expect them to do?‖ she asked, who researched her ground-

breaking book while serving as Director of the Racial Justice Project at the

ACLU of Northern California. ―Well, seventy percent return to prison

within two years, that’s what they do.‖

Organized by the Pasadena Public Library and the Flintridge Center, with a

dozen or more cosponsors, including the ACLU Pasadena/Foothills Chapter

and Neighborhood Church, and the LA Progressive as the sole media spon-

sor, the event drew a crowd of the converted, frankly — more than two-

thirds from Pasadena’s well-established black community and others drawn

from activists circles. Although Alexander is a polished speaker on a

deeply researched topic, little she said stunned the crowd, which, after all,

was the choir. So the question is what to do about this glaring injustice

There has been a steady increase in the number of justified homicides by

police in recent years. This has served to heighten tension between the po-

lice and the communities they serve. The increase in police justifiable

homicides does not compare with the continuing decrease in serious crime

in our cities and communities. However, poor people and people of color

continue to die as a result of police citizen contact gone wrong.

As a result of this new information Black Law Enforcement in America an

advocacy organization for African Americans Law Enforcement and the

communities they serve is calling on the US Justice Department to fully

and thoroughly investigate these departments now.

Ronald E. Hampton

Washington Representative

Black Law Enforcement in America

.

Ronald E. Hampton

Washington Representative

Blacks in Law Enforcement of America

Courts Refuse to Prohibit Recording of Law Enforcement

Of all the terms that strike a sour note with law enforcement, ―residency

rules‖ are among the worst. But the law is the law and in cities like Chi-

cago, cops are required to live in the city where they work. That means

more expensive real estate and concerns about an officer and his or her

family’s safety.

It also means lots of overtime for police, who are assigned to investigate

their colleagues to make sure they are complying with the law. According

to a recent article in the Chicago Sun Times, Chicago P.D. investigators

secretly watched one sergeant commute to work from his home in

McHenry County about 20 times in 2006.

They watched Officer Bacarella over 12 times in 2004 as he commuted to

his job from a DuPage County home. Four years later, Officer Bacarella

is still the only Chicago cop fired over the last five years for violating the

residency rule. Observers say the two cases show how labor intensive and

seemingly arbitrary enforcement of the residency rule is.

Mayor Daley who once said, ―If I’m mayor, should I live in Waukegan? If

the city is good enough to work and earn your salary, it’s good enough to

live.‖ Daley is a big supporter of the residency rule for all city employees.

Jennifer Hoyle of the city Law Department says residency cases are hard

to prosecute.

Critical of speech

Burgess, who is himself viewed as a possible mayoral candidate in 2013,

criticized McGinn's approach after the speech as lacking specifics.

On Friday, Burgess said his committee's proposals to make the depart-

ment more accountable and transparent "are focused on specific out-

comes," rather than values, although he said values "are a legitimate con-

cern."

The 11 recommendations were sent to McGinn, Police Chief John Diaz,

Lt. Eric Sano, president of the Seattle Police Management Association,

and Sgt. Rich O'Neill, president of the guild.

They were signed by Burgess, and the public-safety committee's two

other members, Sally Clark and Sally Bagshaw.

The proposals include:

• Improved hiring standards and training. The department should provide

de-escalation training for all patrol officers with special emphasis on mis-

demeanor and low-level encounters. Previous audits of the department

have said that too many minor incidents escalate into violence.

• Monthly reports on sustained misconduct findings that include a sum-

mary of the incident, the nature of discipline and the name of the officer

disciplined.

• Expedited review of cases that could result in criminal charges against

an officer.

• Mandatory testing for drugs, including steroids, of all officers involved

in deadly-force incidents.

• Priority in recruiting and promotion of officers who have attended col-

lege. Current policy requires a high-school diploma or GED.

Burgess said the council will act on recommendations in the coming two

months.

Those subject to collective bargaining will be introduced into the negotia-

tions with the unions, he said.

Seattle City Council Aims to Improve Police Accountability

The Seattle City Council issued 11 proposals Friday designed to improve

accountability and strengthen public trust in the police force.

The recommendations include mandatory drug testing for police involved

in deadly-force incidents, higher standards for hiring and training, and

monthly reports about misconduct.

Tim Burgess, chairman of the council's Public Safety Committee, said the

measures are meant to "stop the erosion of public confidence" after highly

publicized confrontations between police and minority suspects caught on

video over the past year.

"What we're hearing from the public are questions about what's going on

and why it's continuing," Burgess said. "We want policies in place that

create a culture in the Police Department where these incidents will not

occur and where the effectiveness of officers will improve."

Burgess acknowledged that many of the recommendations were subject to

bargaining with the department's two unions. But he said some could be

adopted by the council as policy directives to the command staff.

Union contract

The Seattle Police Officers' Guild (SPOG) issued a statement late Friday

afternoon warning that state law requires changes in work conditions to be

bargained. The union is negotiating a new contract with the city.

"SPOG has demonstrated for many years that we are always willing to en-

tertain new ideas and recommendations for improvement to police policy

and procedures. ... SPOG is willing to discuss these recommendations at

the bargaining table," the union said.

The department has come under criticism for its use of force against mi-

norities and the length of time it takes to hold an officer accountable for

misconduct.

The U.S. Department of Justice is investigating whether officers engaged

in a pattern of unnecessary force, particularly against minorities.

In his State of the City address Tuesday, Mayor Mike McGinn suggested

the issue of trust could be addressed through the impending retirement of

about 300 officers. He noted that more than 80 percent of police live out-

side Seattle and that new officers could be recruited who share "our com-

mitment to racial and social justice."

The Activist

The burden of proof is on the city, so every case involves surveillance to

see how much time an employee is living outside the city. In other big

cities like New York and Los Angeles officers do not have to live within

the city limits. Currently the city of Boston is phasing out its residency

requirement. Chicago’s Fraternal Order of Police is pushing for a com-

promise with the city – a $3,000 a year stipend to compensate officers

for living in Chicago.

Attorney Robert Kuzas, who represented one of the officers who was

investigated for violating the rule, says the rule should be scrapped. ―I

see no reason why dedicated employees are prevented from living where

they want,‖ he told the Sun Times.

―The rule is incapable of enforcement.‖ Officer Bacarella was the only

officer fired by the Chicago Police Board over the last five years for vio-

lating the rule. Three others were found not guilty and two other officers

resigned. Bacarella, who says he knows plenty of other Chicago cops

with homes outside the city, said he does not know why he was singled

out and terminated.

―If I am comparing apples to apples, I got the bad apple,‖ the former of-

ficer told reporters.

You Cant Make Up For Lost Sleep

The Activist

High Court to Look at Police Seizures

As cuts to law enforcement have become increasingly popular with

state and local legislators looking to get out from under monster

budget deficits, the practice of seizing monies and properties suspected

in crimes has increased dramatically. Law enforcement officials say

that as the result of declining tax revenues and increasing deficits, the

seized money and property now play a crucial role in funding basic

police services. But there is a growing chorus made up of individuals

that question the practice and legal challenges to police seizures are on

the rise.

Local law enforcement agencies have been raising millions of badly

needed dollars by seizing private property suspected in crimes. The

problem, critics contend, is that those seizures sometimes take place in

the absence of any criminal charges being filed and sometimes even

when authorities admit no offense was committed.

According to an article in the Detroit News by George Hunter and

Doug Guthrie, the money raised by confiscating goods in Metro De-

troit soared more than 50 percent to at least $20.62 million from 2003

to 2007, according to the paper's analysis of records from 58 law en-

forcement agencies. In some communities, amounts raised went from

tens of thousands to hundreds of thousands and in some cases millions.

"It's like legalized stealing," Jacque Sutton told the News. He's a 21-

year-old college student from Mount Clemens whose 1989 Mustang

was seized by Detroit police raiding a party. Charges against him and

more than 100 others were dropped, but he still paid more than $1,000

to get the car back.

"According to the law, I did nothing wrong but they're allowed to take

my property anyway. It doesn't make sense." While courts have gener-

ally backed the government's right to take property involved in crimes

(police seizures are also known as forfeitures), the issue is a growing

source of friction in Michigan, especially as law enforcement agencies

struggle to get funding. "Police departments right now are looking for

ways to generate revenue, and forfeiture is a way to offset the costs of

doing business," said Sgt. Dave Schreiner, who runs Canton Town-

ship's forfeiture unit, which raised $343,699 in 2008

You'll find that departments are doing more forfeitures than they used

to because they've got to - they're running out of money and they've

got to find it somewhere," he told the Detroit News. For police brass,

the increase in seizures represents nothing more than better and more

aggressive police work. "We're trying to fight crime," Police Chief

Mike Pachla of Roseville told the News. In Roseville, the money

raised from forfeitures has jumped more than tenfold in five years,

from $33,890 to $393,014.

"We would be just as aggressive even if there wasn't any money involved."

Roseville had among the most dramatic increases over the five-year period

examined by the News. But other agencies also more than doubled their

seizures, including Novi, Trenton, Farmington Hills, Southfield, the Michi-

gan State Police, Shelby Township, Livonia, Warren and Romulus. The in-

creased reliance on seized property to fund police operations amounts to a

trade-off for law enforcement. The tough economy may be prompting law

enforcement agencies to use an "entrepreneurial spirit," but that makes for

bad public relations, said Tom Hendrickson, director of the Michigan Asso-

ciation of Chiefs of Police.

Just recently the U.S. Supreme Court heard the case of six people from Chi-

cago who sought prompt hearings on the seizure of their cars and money. A

ruling, expected to be confined to procedural grounds, is due by the end of

the Supreme Court's term in June and isn't expected to change law on prop-

erty forfeiture. The Wayne County Prosecutor's Office often makes people

pay to get their seized property back without filing any charges.

Prosecutor Kym Worthy declined comment, but issued a written statement

explaining that she wants to get criminals off the street,and that the law al-

lows her office to seize property without filing charges. Canton's Sgt.

Schreiner insisted forfeiture laws should be wielded responsibly. "There's a

right way and a wrong way to do forfeitures," he told the News. "First of

all, you should always file charges; if you don't have a case against some-

one, you shouldn't seize their property.

"But even when there is a crime, the law should be used as it was intended.

If we seize a computer that was used to commit identity fraud, that's a good

thing. But if Joe Citizen complains that he was arrested for a small amount

of drugs, and we took his refrigerator and silverware, then I think he has a

valid complaint." Many of the increases in forfeitures obtained by local po-

lice agencies aren't the result of "money hunting," officials say.

But they also admit their efforts to take property have increased just to

make ends meet When Romulus, Michigan saw a 118 percent jump in for-

feiture revenues from 2003-07, the increase was not the result of more

criminal activity, Chief Michael St. Andre told the News.

"It's because our forfeiture efforts have ramped up in the past few years," he

said. "It is nice when we're able to purchase things we need from arrests. I

don't have to go to the city and ask for things like bulletproof vests or com-

puters."

There's not a law enforcement officer in the country who hasn't suf-

fered with problems associated with sleep deprivation. The impact of

shift work, working an overtime shift back to back with one's regular

shift, and a major disaster where it's all hands on deck for 12 hours a

day, every day, can have a debilitating impact on everything from hand

- eye coordination to ability to make informed decisions quickly.

Scientists studying the ramifications of not getting enough sleep have

found it can take a week or more for the cognitive and physiological

consequences of poor sleep to wear off - even after getting the appro-

priate amount of rest.

In a study conducted at the Walter Reed Army Institute of Research in

2003, scientists examined the cognitive effects of a week of poor sleep

followed by three days of sleeping at least eight hours a night.

Result showed that the recovery sleep did not fully reverse declines in

performance when it came to reaction times and other psychomotor

tests, especially for people who only got between three and five hours

of sleep.

Result showed that the recovery sleep did not fully reverse declines in per-

formance when it came to reaction times and other psychomotor tests, espe-

cially for people who only got between three and five hours of sleep.

In a similar study in 2008, scientists at the Karolinska Insitute in Stockholm

found that when subjects slept four hours a night over five days and then

"recovered" with eight hours a night over the following week, they still

showed slight residual cognitive impairments a week later, even though they

did not feel sleepy.

But in another study, also at the Walter Reed Army Institute of Research,

scientists were startled when they found people recovered much more

quickly from a week of poor sleep when it was preceded by a week that in-

cluded nights with ten hours of rest.

In other words, if you know you have a tough week coming up in terms of

rest time, try loading up on sleep beforehand, not just after the fact.

For years drug law reformers have been trying to eliminate the disparity

in sentences handed down to defendants based on what form of cocaine

they were in possession of or distributing. Since 1986, if you were

busted for crack, you got a prison sentence 100 times tougher than the

guy with the higher-quality powdered version of the same drug. Now

that crack isn't the new kid on the block in terms of dangerous drugs,

politicians have decided to reduce the sentencing disparity from 100 to

one down to 18 to one.

In a shocking display of bipartisan unity, Senate lawmakers reached

across the aisle and brokered a landmark deal this week to reduce crimi-

nal penalties for defendants caught with crack cocaine. They made the

deal in the congressional gym, where according to ousted NY State

Senator Eric Massa, the people's business is even done in the showers.

Observers say that Sen. Majority Whip Richard J. Durbin (D-Ill.) ran

into colleagues Jeff Sessions (R-Ala.) and Orrin G. Hatch (R-Utah) in

the Senate gym before they had started their workouts. Durbin seized the

moment to advance the legislation and the deal was sealed with a hand-

shake two hours later at a committee meeting in the Dirksen Senate Of-

fice Building.

Congress overturns Mandatory Minimum Sentencing law for Crack Cocaine

The Activist

While health care, financial reform and virtually everything else on the

agenda in Washington D.C. is a hostage to what seems like increasingly

partisan politics, the Senate Judiciary Committee unanimously passed

the measure 19 to 0. The compromise would reduce the sentencing dis-

parity to 18 to 1 for people caught with crack cocaine vs. those who

carry the drug in powdered form.

The current ratio has rested since 1986 at 100 to 1, disproportionately

impacting African Americans, who are convicted of crack possession at

far greater numbers. The Senate bill would increase the amount of crack

cocaine required to trigger a five-year mandatory minimum sentence for

possession with an intent to distribute from 5 grams to 28 grams.

Possessing cocaine in rock form, in any amount, will no longer carry a

mandatory minimum prison term. This is the first time that Congress has

overturned a mandatory minimum sentencing law

Race Issues Rise for Miami Police

MIAMI — The video, shot with a hand-held camera, shows

brawny Miami police officers breaking down doors and hauling

handcuffed African-American suspects off some of the city’s

toughest streets. “We hunt,” one officer says in the five-and-a-half

-minute clip. “I like to hunt.”

But it was not a source of embarrassment for Miami’s police chief,

Miguel A. Exposito. The video was part of a reality television pilot,

“Miami’s Finest SOS,” a project with the enthusiastic backing of

Chief Exposito. “Our guys were proactively going out there, like

predators,” he says during his cameo in the video, which surfaced

online in January.

A few weeks later, a Miami police officer shot and killed a black man

during a traffic stop at North Miami Avenue and 75th Street in the

Little Haiti neighborhood. The man, Travis McNeil, 28, was unarmed

and never left the driver’s seat of his rental car when he was shot

once in the chest, members of his family said.

Mr. McNeil was the seventh African-American man to be shot and

killed by Miami police officers in eight months. The shootings in this

racially polarized city have led to marches on the Police Depart-

ment’s headquarters and calls for a Justice Department investiga-

tion, and the city manager has initiated an investigation into the

chief’s record.

“I don’t understand how the powers that be can allow these things to

keep happening,” Sheila McNeil, the mother of Mr. McNeil, said of the

Feb. 10 shooting death of her son. “Something is drastically wrong.”

Chief Exposito, a burly 37-year veteran who became chief in November

2009, defended his leadership. “We don’t have a violent police depart-

ment,” he said in an interview last week. “You’ll find our officers are

very compassionate with the people they deal with. They will try to de-

escalate situations rather than resorting to deadly force.”

The officer who shot Mr. McNeil is Reinaldo Goyo, a member of the

city’s elite gang unit who appeared in the “Miami’s Finest SOS” video.

(The TV show has since been shelved.)

Saying on the video: “I’ve got some style. I’ve got some flavor” while

wearing a hoodie emblazoned with the words “The Punisher,” Detective

Goyo says he and his partner inherited the nicknames Crockett and

Tubbs after the lead characters in the 1980s TV show “Miami Vice.” “It’s

got a nice little ring to it,” he says.

Detective Goyo would not comment, a police spokesman said. A lawyer

for Detective Goyo did not respond to phone messages.

Chief Exposito said he thought the video was “excellent,” although in an

e-mail to the production company in December, he acknowledged that

he regretted using the word “predator” and asked that his quotation be

changed. In another e-mail to one of his assistants, he wrote: “This

statement would add fuel to the fire. They need to soften it!”

In an interview last week, Chief Exposito said the video was not sup-

posed to be for public consumption. “I had a problem with the produc-

tion company — it was not supposed to be on YouTube or anywhere

else.”

The chief also defended the officer who said, “I like to hunt.”

Continued on page 8

Miguel A. Exposito, Miami’s police chief, at a Miami City Commision meeting in January.

The Injustice Masquerading as Justice in Westchester County

The Activist

Where there is no Justice, there is no freedom and when people lose trust

in authority and those who are in charge of the authority, they lose faith

in the process of the system of justice that has been their right through the

constitution of the United States.

We have watched our Westchester justice system blatantly defy logic and

true transparency and accountability of the law for too long. Westchester

County justice officials, law enforcement officials and elected politicians

have continued to apply band aide solutions to a wound in our law en-

forcement institution that clearly needs surgical intervention.

Even the NAACP expressed its disappointment in the actions or lack of

same by the District Attorney and the evasive right of obtaining Justice

for African Americans in Westchester County. They also noted that the

District Attorney has reneged on the agreed upon pamphlet that requires

fair investigation of police encounters with civilians.

The collateral damage are victims that can’t afford good lawyers, such as

Bonita Zelman or Michael Sussman and many others. These masses will

never be recognized by our Westchester media and their cries of injustice

will continue to go unheard. This Westchester County justice system has

a history of prosecuting victims of police brutality like Naimah Yancy,

Dara Massey, Primivita Diaz, and Lance Cooper. Charges were eventu-

ally dropped and these victims were all found to be innocent.

So when this cancer arises to the level whereby the media pays close at-

tention again, the media always reports the effects but never questions the

cause and why these incidents occur. We have found that controversy

sells well to the media but logic and dialogue that does not fit the status

quo just isn’t newsworthy.

Secondly, it is our view that the decision had nothing to do with justice‖.

This was a decision by the District Attorney’s office that was strictly po-

litical rather than ―the ends of Justice‖.

Now that crucial evidence in the Danroy ―D.J.‖ Henry shooting has

been so-called sealed in the Grand Jury proceedings, along with the

District Attorney’s office, ignoring demands from the Henry family,

community leaders and organization for an independent investiga-

tion. It would be suicide for the DA’s office to pursue the case

against these four young men.

Why? Because the DA’s office would have to produce the evidence

that they have denied the Henry’s family’s attorney Mr. Sussman

and the Cox’s family attorney , Mr. Ogletree in the investigation of

the shooting of Danroy ―D.J.‖ Henry.

These young men and their lawyer Bonita Zelman stood firm in the

face of injustice. Ms. Zelman requested any Video from police cars,

any and all Radio Transmissions from the police department and

EMS. To really establish a case against the four students we must

really and clearly establish what happen to D.J. Henry.

The District Attorney’s office back was up against the wall. Pursue

the charges and turnover evidence that might lead to a different

view of what really happens to DJ or bow out gracefully and appear

beneficent to the four college students. District Attorney Janet Di-

Fiore chose to appear merciful but she fools nobody.

This is not a black and white issue; this is an issue of ―Fair Deal-

ing‖. You would think she would have learned in the investigation

of Detective Ridley that fair dealing means no bias or the presump-

tion of bias. Clearly the investigation of the shooting of D.J. Henry,

Detective Ridley and other victims of police misconduct will con-

tinue to fuel the growing doubt among black, white, brown and yel-

low, if there is any justice in the Westchester County justice system.

The principal concerns of Blacks in Law Enforcement of America

(BLEA) are the promotion of freedom, justice, fairness, and effec-

tiveness of law enforcement issues, and the effect of those issues

upon the total community.

Damon K. Jones

New York Representative

Blacks in Law Enforcement of America

Blacks in Law Enforcement of America

National Office

P.O. Box 56553

Washington DC 20040

202-744-2897

info@blacksinlawenforcement.org

New York Office

914– 374-5037

Baltimore Police Misconduct Changes Eyed –continued from page 1

The Activist

"It just depends on how big," the region is, Burns said.

Most misconduct investigations start inside the Police Department, which is

then supposed to bring cases to prosecutors if the alleged conduct could be

criminal.

Smaller jurisdictions with populations under 10,000, which make up about

80 percent of the country's prosecutor offices, often refer the cases to be

handled out of town, Burns said. But the larger areas -- Seattle, Miami, New

York, Houston -- handle them on their own, often under a separate unit

within the prosecutor's office.

Baltimore has had its Police Misconduct Unit for 10 years, though what it

will look like in the future is undecided. Its chief, Douglas Ludwig, retired

in January, and a senior prosecutor has been filling in ever since.

"[W]e have been actively reviewing the operation of the Police Misconduct

Unit almost from the first day I took office," Bernstein said in the statement,

noting that decisions about the scope and structure of such a division going

forward "will be made within the overall context of the decisions we make

as to the organizational structure of the office as a whole."

As part of the review, Baltimore has studied the operations of offices in

other cities and worked with police "to establish lines of communication and

information-sharing regarding specific allegations of misconduct," he said.

Before Baltimore had the misconduct unit, prosecuting corrupt city police

was handled by the chief of the economic crimes division, Elizabeth A.

Ritter, within the state's attorney's office.

But, in January 2001, evidence disappeared in a case against an officer ac-

cused of perjury and misconduct, leading Jessamy to drop criminal charges

against him. That prompted then-Mayor Martin O'Malley to blast her as not

having "goddamn guts to get off her ass and go in and try this case."

That same month, Ritter called a local radio show using her middle name as

a pseudonym and berated police for a backlog of disciplinary cases. The po-

lice commissioner at the time called for her dismissal.

"I find it outrageous and ironic and somewhat amusing that the lead prosecu-

tor for police misconduct and integrity disguises her identity to humiliate the

Police Department," said Commissioner Edward T. Norris, who in 2004

would himself be convicted of public corruption and serve six months in

prison for misusing a special police fund.

"How can we possibly trust her in the future after doing something like

this?" he said.

Ritter later apologized, but the combined incidents pressured Jessamy to re-

act, and led to the creation of the Police Misconduct Unit within the state's

attorney's office. Its sole purpose was to prosecute law enforcement officers

for criminal behavior.

It was supposed to be a five-person office, including one lawyer from the

attorney general's office, though it was never staffed with more than three

people: a Baltimore prosecutor, an investigator and a secretary, said A. Tho-

mas Krehely, who ran the division for seven years, through 2008. He's now

in private practice in Annapolis.

Krehely was brought in from the state prosecutor's office, where he tried for-

mer state Sen. Larry Young on bribery and extortion charges. (Young, who

was acquitted, was coincidentally represented by Bernstein.)

"We had at least 19 officers indicted while I was there, indicted or

charged ... which in our view was very successful," Krehely said. "But a lot

of it depends on the cooperation you get from the police departments ... it's

not like we could go out and uncover these issues ourselves."

He called police cases "difficult for local prosecutors to handle because they

work closely" with officers. "That's one of the reasons Mrs. Jessamy

[created] a separate division with nothing else to do," he said. "I wouldn't be

handling typical cases. All I would be doing is prosecuting police officers."

There was also a public relations component to it, Krehely said -- sending a

direct message to citizens that "police are not going to be able to perform

their jobs unchecked."

In Prince George's County, where federal agents last year arrested two

officers and the county executive in connection with a corruption

probe, the cases used to be assigned to various prosecutors after being

reviewed by senior staff.

But the new state's attorney, Angela Alsobrooks, who also took office

this year, has changed that. She created a Special Prosecutions Unit

within her office, which is about a third the size of Baltimore's, to han-

dle economic crimes, public corruption and police misconduct cases.

"These cases do require additional attention and resources and we

wanted to be able to handle them as effectively as possible," Also-

brooks said, adding that police, too, want misconduct "rooted out."

She's also considering creating a version of Baltimore's "Do Not Call

List," which Bernstein has abolished. Baltimore's list included officers

who had been accused of wrongdoing, and those listed were banned

from appearing as state witnesses -- a move that effectively restricted

their ability to make arrests.

"This is something we're looking at," Alsobrooks said, noting that it's a

"proactive" way to ensure strong cases.

"It is a common practice to use a list like that," Alsobrooks said.

Jessamy's list was perhaps more public than most, however, though

few saw it.

"I don't even know who was on it," said police spokesman Anthony

Guglielmi. "It's not like they gave us the list, they just didn't call" those

officers to testify.

An undated copy obtained by The Baltimore Sun contains names of

about two dozen officers accused of various infractions, including Sgt.

Allen Adkins, whom Jessamy once accused of falsifying police re-

ports.

An undated copy obtained by The Baltimore Sun contains names of

about two dozen officers accused of various infractions, including Sgt.

Allen Adkins, whom Jessamy once accused of falsifying police re-

ports.

He was consequently transferred out of a narcotics division and placed

on warrant duty, where he's still working today, according to Gug-

lielmi. Last year, a civil jury granted a $123,000 judgment against him,

finding that he committed false imprisonment and malicious prosecu-

tion and battery.

Some officers feared that the list was open to abuse, however, and

Bernstein seems to agree.

"I have said repeatedly that I am not in favor of a blanket list that sim-

ply says a particular officer will never be called as a witness," he wrote

in the e-mailed statement. He plans to consider allegations on a case-

by-case basis and decide whether to use an officer's testimony based

on individual circumstances.

Without a list, some question how prosecutors can keep track of al-

leged ethical issues, however. The state is required to tell defense attor-

neys about prior evidence of untruthfulness involving its witnesses,

including police.

"They have to keep track of those things, otherwise they're not doing

their jobs," Krehely said, speaking generally. He later added that a list

might not be necessary if you trust the Police Department to remove

unethical officers from duty, however.

There's no list in Baltimore County, for example, said State's Attorney

Scott Shellenberger.

"Because I have such confidence in what [county police] do, I base my

decision on what they do," he said.

That's the model that Dreisbach, of Johns Hopkins University, would

like to see in Baltimore.

McClatchy-Tribune News Service

Race Issues Rise for Miami Police– continued from page 5

The Activist

―Hunting doesn’t mean you go kill people,‖ the chief said. ―Hunting means

you go out there and capture people.‖

Miami has a long history of racially charged police shootings, some of

which combusted into deadly riots and Justice Department inquiries that

ended with police officers in prison. The pattern this time is familiar: All

seven men who were fatally shot by the police were African-American; the

police officers who shot them are all Hispanic.

―There is a wide range of growing concern in the community regarding the

apparent lack of communication and response to these incidents by the City

of Miami Police Department,‖ Representative Frederica S. Wilson, a De-

mocrat from Miami, wrote in a recent letter to Attorney General Eric H.

Holder Jr., asking the Justice Department to investigate.

Questions about Chief Exposito’s leadership have galvanized some leaders

of the African-American community, who say that two of the men shot by

the police were unarmed. Police officials would not describe details, but

they have said that during both shootings, the officers had reason to believe

their lives were in danger .

Community leaders also expressed outrage that a 12-year veteran of the

city’s gang unit, Ricardo Martinez, shot and killed two men within nine days

last August. Officer Martinez returned to his job six days after fatally shoot-

ing one man, then shot and killed another three days later. Before the shoot-

ings, he was under investigation for allegedly selling seized phones.

One officer being responsible for two fatal shootings in such a short period

of time is highly unusual, national experts on police forces say. Typically,

officers are assigned to desk duty after a shooting pending an inquiry.

―What does that tell you about the chief’s judgment?‖ said the Rev. Anthony

Tate, president of the civil rights organization Pulse and pastor of New Res-

urrection Community Church in the Liberty City neighborhood.

Chief Exposito said that the inquiry had been initiated by his department,

and that it would have been inappropriate to keep Officer Martinez off the

street because of an allegation of wrongdoing. In December, Officer Marti-

nez was charged with selling stolen Bluetooth phone headsets. He has been

dismissed.

Mr. Tate, two Miami city commissioners and other community leaders have

repeatedly called for the chief’s dismissal. Chief Exposito was a major in the

property room and in charge of a compliance task force before being ele-

vated two years ago to police chief by Mayor Tomas P. Regalado. Since

then, the chief and the mayor have feuded bitterly over a variety of issues.

City Commissioner Richard P. Dunn II was the first on the commission to

call for the chief’s dismissal. ―It’s not personal. He’s just not competent to

be a chief, that’s all,‖ said Mr. Dunn, whose district includes the neighbor-

hoods where all seven fatal shootings occurred.

―These shootings have us sitting on a time bomb,‖ he said. ―Everyone wonders:

When is the next one going to happen? And the fact the chief is still here just

makes Miami look like a banana republic.‖

Chief Exposito said that after the first of the fatal shootings, last July, he invited

the F.B.I. to attend the department’s internal inquiry, a gesture his predecessors

had not offered, he said. ―This is not something I was forced to do,‖ he said.

The chief’s critics say his leadership is markedly different from that of

his predecessor, John F. Timoney, a deputy police commissioner in

New York in the Giuliani administration.

During Mr. Timoney’s seven-year tenure, the department once went 22

months without having a police officer fire a weapon. When Mr. Ex-

posito succeeded Mr. Timoney in November 2009, he assigned more

than 100 officers to ―tactical units‖ to try to curb violent crime.

The tactical units, including the gang unit whose officers have been

responsible for the majority of the most recent shootings, have arrested

hundreds of suspects and removed 400 more guns from the street in

2010 than in 2009, the chief said.

During those sweeps, ―seven people decided they were not going to

obey the law and not adhere to the police orders,‖ said Armando Agui-

lar, president of the Fraternal Order of Police, the police union, ―and

they ended up getting shot.‖

The chief’s fate is in the hands of the city manager, Tony E. Crapp Jr.

In late February, Mr. Crapp hired a former senior F.B.I. agent, Paul R.

Philip, to assess the department’s record.

Mr. Philip, who headed the F.B.I.’s Miami field office, said in an inter-

view that he compared the number of police shootings in 2009, the last

year of Mr. Timoney’s leadership, with the first 15 months of Chief

Exposito’s tenure. During Mr. Timoney’s final year as chief, seven of-

ficers shot at suspects, killing four and missing three others. Under

Chief Exposito, there have been 10 shootings, with seven fatalities.

―It seemed to be a concern that the department was engaged in an ac-

celerated rate of shootings, but there doesn’t appear to be,‖ Mr. Philip

said. ―The data seems to support the chief.‖

Mr. Philip said his review did not include interviewing police officers

who fired their weapons, witnesses or the family members of victims.

Determining whether each of the shootings was justified is the state

attorney’s job.

The chief said he was gratified that ―someone with the stature of Paul

Philip is agreeing with me.‖ He added: ―I’ve been saying all along,

we’re trying to get violent crime under control in that community. Un-

fortunately when you do that, you will be confronted by people who

are armed and dangerous.‖

Community leaders said they were upset about the pace of the Police

Department’s own inquiries. They complained that police investigators

had not taken a statement from Kareem Williams, 31, who is Mr.

McNeil’s cousin and was shot three times as he sat with Mr. McNeil in

the rental car last month. Mr. Williams, who left the hospital two days

later, told his family that the officer began shooting without saying a

single word, Mrs. McNeil said.

Not long ago, Mrs. McNeil met with Chief Exposito, who spoke about

police procedures on the use of deadly force, she said. She added that

the ―impersonal‖ nature of the discussion had left her frustrated and

sad.

―When your son has been shot,‖ she said, ―you don’t want to hear

about policies.‖

Women's History Month Awards

The Activist

To truly protect the community we serve BLEA Believes

That women are equal and equitable in the institution of law enforcement and they should be honored for their continuous courage and valor

More Pictures

www.cupcakequtie.com Gourmet Cupcakes to Order

Blacks in Law Enforcement of America ―Wall of Honor has been created to honor the importance of black men and women’s achievement and

contribution in the institution of law enforcement in the United States.

It is important for the law enforcement community; especially the black law enforcement community , not only to understand recent history con-

cerning blacks in law enforcement, but also to understand their past. BLEA is committed to preserving the history and legacy of the black law en-

forcement officer of the United States

Blacks in Law Enforcement of America

Wall Of Honor

Blacks in Law Enforcement of America

National Office

P.O. Box 56553

Washington DC 20040

202-744-2897

info@blacksinlawenforcement.org

New York Office

914– 374-5037

The Activist

It is our duty as peace officers and members of Blacks in Law enforcement of America to continue the fight for freedom, justice, and equality for all

citizens. We will be advocates of law enforcement professionals by establishing continuous training and support. As black law enforcement profes-

sionals, we pledge our time, honor, and talent for the uplifting of our communities. We are truly the leaders of the community, in and out of our blue

uniform.

As civil service officers, it is our duty to uphold the laws of our local, state, and federal governments. However, as natural leaders it is our moral,

ethical, and human duty to reach and teach our families and youth by providing increased involvement and support, thereby enriching lives and en-

hancing our communities.

www.blacksinlawenforcement.org

Blacks in Law Enforcement of America Wall of Honor