blea newsletter #2 2012

8
BLACKS IN LAW ENFORCEMENT OF AMERICA National Information Letter The Activist Police Brutality Alive and Well in Houston Houston Police Video A friend sent me a link to this video last night to ask me what I thought. I don’t have words to describe this; anything I can choke out is inadequate. Even what I write here will not adequately do justice. This is a child a 15-year-old youth only a little older than my youngest and a little younger than my oldest. And Houston’s so-called finest are kicking him while he is down on the ground, kicking him in the head, near his kidneys, his groin after nearly running him down with their car. This is a child who at the time of this battery was suspected of being involved in a home burglary along with three other suspects. The other three had been under surveillance; Holley was seen exiting a townhome with two of the suspects. When the police gave chase, Holley ran and what appears in this video is the outcome of that chase. The police did not take fingerprints at the townhome; they didn’t fingerprint the stolen goods. There’s apparently nothing in the way of evidence to tie Holley to a burglary, only association with others suspected of burglary. And yet the police tried to run him down with their car; he was stomped, kicked and beaten by at least five officers although he was already down on the ground. At no point in any of the coverage of this story does it appear that the officers believed Holley was an adult, or that Holley might have a weapon, offering little excuse for the battery show in this video. It’s cruel and unusual extra-judicial punishment without any due process. . . . Making the situation worse is the city’s handling of this tape; they did not want it released. The mayor made statements that were perceived as a threat to anyone releasing the tape. The subsequent response of the police force also appears inappropriate. There’s no denial, no non-denial, which might be expected, but there’s also no apparent effort to calm the community’s concern about police brutality — and residents claim this is the first time there’s been video evidence published showing the kind of brutality they have put up with for a very long time. This child’s civil rights were violated. There needs to be an examination of both the administration and the police of the ci ty of Houston by the De- partment of Justice, to find out why this happened and just how often this kind of thing has been happening to other children and adults alike in Hous- ton. And the mayor once a shining light for Houston needs to invest immediately in some serious community relations-building. Not merely damage control, but credible, intensive effort made to restore the faith of the public in the mayor’s office and the police of Houst on. BLEA Joins the fight for Immigration Enforcement Rights BLEA Representative, Ron Hampton spoke extensively on the negative impact of government sponsored programs like secure communities, 287g and Arizona's SB1070. The event was held at the University of Denver, Stern Collage of Law. Over the last several years, immigration enforcement programs have experienced viral growth on a federal, state, and local level. Ranging from the highly publicized Arizona SB 1070 to Colo- rado state legislation targeting immigrant communities to the fed- eral Secure Communities program, these initiatives have ushered in an unprecedented era of immigration enforcement likely to impact hundreds of thousands of immigrants per year. These enforcement paradigms, while radically transforming the nature of immi- gration law and the dynamics of the criminal justice system, raise important con- stitutional and policy-based questions. Further, such programs have increasingly been shown to have significant adverse impacts on state and local budgets, com- munity policing relationships, the public perception of immigrants, and the larger immigrant community. The panel will explored both the intended and unintended consequences of these regimes from the perspectives of immigrants, civil rights attorneys, law enforce- ment leaders, and elected officials. Introduction was done by Catherine Smith, Associate Dean of Institutional Diver- sity and Inclusiveness and the forum was Moderated by Christine Cimini, Ronald V. Yegge Clinical Director. Other speakers on the panel were Alfredo Gutierrez, Former President of the Ari- zona State Senate, Chris Newman, Legal Director, National Day Laborer Organiz- ing Network Jeanette Vizguerra, Community Organizer, Rights for All People. The event was sponsored by the Constitutional Rights and Remedies Program, DU Law Review, Latino Law Student Association, National Lawyers Guild, American Civil Liberties Union, Spanish Speaking Law Student Association, Asian Pacific American Law Student Association, and Amnesty International. Blacks In Law Enforcement of America Ronald Hampton Serving 80,000 Black Law Enforcement Professionals

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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 professionals, 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.

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Page 1: BLEA NEWSLETTER #2 2012

BLACKS IN LAW ENFORCEMENT OF AMERICA

National Information Letter

The Activist

Police Brutality Alive and Well in Houston

Houston Police Video

A friend sent me a link to this video last night to ask me what I thought.

I don’t have words to describe this; anything I can choke out is inadequate. Even what I write here will not adequately do justice.

This is a child — a 15-year-old youth only a little older than my youngest and a little younger than my oldest. And Houston’s so-called finest are

kicking him while he is down on the ground, kicking him in the head, near his kidneys, his groin after nearly running him down with their car.

This is a child who at the time of this battery was suspected of being involved in a home burglary along with three other suspects. The other three had

been under surveillance; Holley was seen exiting a townhome with two of the suspects. When the police gave chase, Holley ran — and what appears

in this video is the outcome of that chase.

The police did not take fingerprints at the townhome; they didn’t fingerprint the stolen goods. There’s apparently nothing in the way of evidence to tie

Holley to a burglary, only association with others suspected of burglary.

And yet the police tried to run him down with their car; he was stomped, kicked and beaten by at least five officers although he was already down on

the ground. At no point in any of the coverage of this story does it appear that the officers believed Holley was an adult, or that Holley might have a

weapon, offering little excuse for the battery show in this video. It’s cruel and unusual extra-judicial punishment without any due process. . . .

Making the situation worse is the city’s handling of this tape; they did not want it released. The mayor made statements that were perceived as a threat

to anyone releasing the tape. The subsequent response of the police force also appears inappropriate. There’s no denial, no non-denial, which might be

expected, but there’s also no apparent effort to calm the community’s concern about police brutality — and residents claim this is the first time there’s

been video evidence published showing the kind of brutality they have put up with for a very long time.

This child’s civil rights were violated. There needs to be an examination of both the administration and the police of the city of Houston by the De-

partment of Justice, to find out why this happened and just how often this kind of thing has been happening to other children and adults alike in Hous-

ton.

And the mayor — once a shining light for Houston — needs to invest immediately in some serious community relations-building. Not merely damage

control, but credible, intensive effort made to restore the faith of the public in the mayor’s office and the police of Houston.

BLEA Joins the fight for Immigration Enforcement Rights

BLEA Representative, Ron Hampton spoke extensively on the

negative impact of government sponsored programs like secure

communities, 287g and Arizona's SB1070. The event was held at

the University of Denver, Stern Collage of Law.

Over the last several years, immigration enforcement programs

have experienced viral growth on a federal, state, and local level.

Ranging from the highly publicized Arizona SB 1070 to Colo-

rado state legislation targeting immigrant communities to the fed-

eral Secure Communities program, these initiatives have ushered

in an unprecedented era of immigration enforcement likely to

impact hundreds of thousands of immigrants per year.

These enforcement paradigms, while radically transforming the nature of immi-

gration law and the dynamics of the criminal justice system, raise important con-

stitutional and policy-based questions. Further, such programs have increasingly

been shown to have significant adverse impacts on state and local budgets, com-

munity policing relationships, the public perception of immigrants, and the larger

immigrant community.

The panel will explored both the intended and unintended consequences of these

regimes from the perspectives of immigrants, civil rights attorneys, law enforce-

ment leaders, and elected officials.

Introduction was done by Catherine Smith, Associate Dean of Institutional Diver-

sity and Inclusiveness and the forum was Moderated by Christine Cimini, Ronald

V. Yegge Clinical Director.

Other speakers on the panel were Alfredo Gutierrez, Former President of the Ari-

zona State Senate, Chris Newman, Legal Director, National Day Laborer Organiz-

ing Network Jeanette Vizguerra, Community Organizer, Rights for All People.

The event was sponsored by the Constitutional Rights and Remedies Program,

DU Law Review, Latino Law Student Association, National Lawyers Guild,

American Civil Liberties Union, Spanish Speaking Law Student Association,

Asian Pacific American Law Student Association, and Amnesty International.

Blacks In Law Enforcement of America

Ronald Hampton

Serving 80,000 Black Law Enforcement Professionals

Page 2: BLEA NEWSLETTER #2 2012

The NYPD Stopped Enough Black Men Last Year to Populate Wyoming

NEW TORK CITY- According to new statistics

from the New York Police Department, 2010

found more people than ever subjected to the

force's controversial "stop and frisk" measure,

which has cops randomly stop citizens for ques-

tioning and to search them for contraband.

Even just at face value, stop and frisk is a civil liberties nightmare. But what makes it even worse is how vastly disproportion-ate the police's "random" searches are. Despite being less than 44 percent of the total population of New York City, black and Latino males composed 85 percent of the pool chosen for stop-and-frisk searches last year. With officers stopping 601,055 people, that means a full 511,000 of those people were men of color (for reference, the population of the entire state of Wyo-ming is 544,000).

It might not be so shocking if all the brown people the police were shaking down were guilty of a crime, but the fact is that the vast majority of them are completely innocent citizens. In only seven percent of 2010's stop-and-frisks was the stopped per-son arrested; another seven percent was stopped but only issued a summons. That means that in 86 percent of the stop-and-frisk incidents from last year, the "stop and frisk" actually amounted to little more than a cop hassling a New Yorker who was just going about their day.

Sharpton Wants Feds to Probe Miami Shootings

MIAMI-_The Reverend Al Sharpton is calling on

the federal government to get to the bottom of the

recent string of shootings connected to the Miami

Police Department.

The civil rights leader spoke Monday night at an

NAACP meeting for the Miami-Dade branch,

where he announced that he'd already written a for-

mal request to the Justice Department, with Congresswoman Fredricka Wilson, asking them to investigate whether police misconduct

may be to blame in these cases.

"We need to examine, from a federal level, how you can go over 20 months, I think it's 22 months, with no shootings and then all of a

sudden in seven months it's about a shooting a month," Sharpton said. "There's something that changed."

Since July 2010, seven African-American men have been shot and killed by Miami Police, two of them reportedly unarmed.

Miami Police Chief Miguel Exposito has been under fire by critics, including Mayor Tomas Regalado, who say his leadership has fos-

tered a "shoot first, ask questions later" mentality in the department.

Over the weekend, Exposito sent a letter to the Miami Herald, saying he has no problem with a federal investigation.

I welcome a federal probe into the Miami police-involved shootings. So much so that I invited the FBI to be present at the post-shooting

reviews conducted under my watch," Exposito's letter reads. As mentioned, I embrace a federal probe into our shootings; however, I also

welcome a probe into the political interference that is compromising the integrity of the Miami Police Department.

The Activist

Page 3: BLEA NEWSLETTER #2 2012

An Injustice Anywhere is Injustice Everywhere

The Pace University students Daniel Parker, Joseph Garcia, Jo-

seph Romanick, and Yves Delpeche have returned to court in an attempt

to get their charges dismissed. These young men were charged with ob-

struction of justice and resisting arrest when they tried to come to the aide

of their now deceased teammate Danroy ―DJ‖ Henry.

Danroy "DJ" Henry, a Pace University football player, was fatally shot by

police early last year outside a bar in Mount Pleasant, N.Y. A Westchester

County Grand Jury recently cleared the Mount Pleasant officers of any

wrongdoing.

As usual, the Westchester County District attorney’s office refused to

drop any charges as well as turn over important evidence in the case.

Banita Zelman the attorney representing the pace students, stood firm in

stating that the kids did nothing to deserve the beating they received from

the police.

"These students are heroes,‖ said Ms. Zelman ―they wanted to help their

friend, their teammate."

"What did they do?‖ They did what any reasonable person would do when

seeing their friend on the floor shot and bleeding for his life." Ms. Zelman

continued.

There has been outrage from the Westchester Community of the per-

ceived bias of the investigation of the shooting of Danroy Henry. Many in

the community questioned why the District Attorney’s office would allow

the Mt. Pleasant Police Department to investigate themselves. Organiza-

tions like Westchester Blacks in Law Enforcement and the NAACP have

been very outspoken on the refusal

of Westchester County District At-

torney Janet DiFiore.

It is the opinion of Ms. Zelman that

the Mt. Pleasant officers had no

control and brutalized her clients

and the District Attorney’s office is

merely attempting to cover up the

assaults by the officers. It is clear

from the cell phone video that has been shown nationally, that the officer

with his gun drawn was not in control, and that there was mass confusion

and panic.

Damon Jones, New York Representative of Blacks in Law Enforcement

of America stated of the video. "What happened to the department

charges against the officer who was pointing a weapon at a crowd of

kids? Where is the radio transmission that there were weapons at the

scene that the DA stated today? What was his rationale to draw his

weapon on a crown of teenagers when the only shots fired was from the

police themselves"?

The courtroom was packed at maximum capacity and more with support-

ers for these heroic Pace University students. In the audience was Mrs.

Nicole Paultre Bell, the wife of Sean Bell, a young man who was gunned

down by New York City Police the night before his wedding.

Mrs. Bell’s father said that the court proceeding for the Pace University

students were like déjà vu . ―They are doing the same tricks and games as

the New York City District Attorney’s office."

The young men must appear in court on March 24, 2011 at 9 a.m. Our

Struggle Continues!!

Dallas Officer Fired in Alleged Beating

A Dallas police officer accused of kicking a handcuffed suspect in the

face and pepper-spraying him was fired and then arrested Wednesday,

police officials said.

A second officer was suspended for 10 days.

Video taken by a patrol car dashboard camera showed that officer Quaite-

mes Williams kicked and sprayed Rodarick Lyles after pulling him over

in the 9400 block of Abrams Road on Jan. 27, police said.

Lyles was suspected of driving with a suspended license and had a war-

rant for driving without a license.

Williams, a Dallas officer for three years, and officer Edward Cruz-Done

assisted officer Hiram Soler during the traffic stop, according to a news

release.

Lyles fell on top of Williams, but Williams got free. Then the officers

placed Lyles in handcuffs. Williams used pepper spray and kicked Lyles

in the face although he was no longer resisting, the release said.

After an investigation into use of unnecessary force, Williams was fired

for causing inaccurate, false or improper information to be entered on a

police report, the news release stated.

The Activist

Then he was arrested and taken to the Dallas County Jail. He faces a

charge of official oppression.

Soler, a Dallas officer for nearly three years, also entered inaccurate, false

or improper information on a police report, which resulted in his 10-day

suspension, officials said.

McClatchy-Tribune News Service

www.cupcakequtie.com Gourmet Cupcakes to Order

Page 4: BLEA NEWSLETTER #2 2012

BALTIMORE -- Six weeks since Baltimore police officers shot and killed one of their own, surviving relatives are demanding answers. Officer William Torbit, 33, was on duty when fel-low officers shot and killed him as he responded to a disturbance outside a Baltimore City nightclub on Jan. 9. Police admitted friendly fire took Tor-bit's his life. Torbit was shot more than 20 times by four uni-formed officers who apparently did not recognize Torbit, who was dressed in plain clothes, until af-ter opening fire. "I want the world to know, not just Baltimore City. I want the world to know how good my cousin was to everybody and how he served the police force."- Charles Lucas "To go from day to day not having someone that you care for and loved, not being able to see them and them being taken away from us and then get no answers, it's really hard," said Sherri Torbit, the officer's sister. A police spokesman told the WBAL-TV 11 News I-Team that it's im-portant to have a complete and thorough investigation. The depart-ment is waiting for the coroner's autopsy report, and police Com-missioner Fred Bealefeld is setting up a panel of outside experts to serve as a review committee. Relatives, concerned citizens and community activists rallied and marched in downtown Baltimore on Monday, calling on the Police Department to release a report about Torbit's death. "Tell the truth and stop the lies. Will Torbit didn't have to die, Will Torbit didn't have to die," the crowd chanted. "We haven't gotten any transparency and we haven't received any accountability that the mayor has talked about," said Darin Mu-hammad, a community activist.

"I want the world to know, not just Baltimore City. I want the world to know how good my cousin was to everybody and how he

served the police force," said Charles Lucas, the officer's cousin. "For them not to give answers, not just to the public but just to the family?" Emotions ran high at a rally outside the nightclub. Or-ganizers asked why police claimed they would release their report three weeks after the incident but have yet to follow through. "It's very emotional. My brother gave his time to the community and to us. It's like they took him from us," said Venus Torbit, the officer's sister. "We love the lord. We believe in God. We know God allows things to hap-pen, but this is senseless, this is absolutely senseless." The marchers carried their concerns from the nightclub through downtown Baltimore to city police headquarters

and then to City Hall. "They've asked the family to be patient, they've asked the commu-nity to be patient, they've asked the citizens to be patient, and we've been more than patient," Muhammad said. "We're not stop-ping demanding answers, we're not stopping demanding account-ability until we have justice and all of those that were responsible for the death of Officer Torbit, responsible for the death of Sean Gamble, responsible for the injury of the other innocent bystanders that were here that night, they should be charged."

"For us, every day is a struggle to wake up and realize that this is real," Venus Torbit said. "It's just difficult for the fact that officials have not reached out to us and I just don't understand it."

Also killed in the incident was Sean Gamble, 22, a patron at the

club. Three women were wounded and gunfire struck another offi-

cer in the foot. Most of the incident was captured by the city's

crime cameras.

NAACP Critical of Westchester County Government for lack of Oversight of

their Justice System

The NAACP is once again disappointed in the actions or lack of same

by the Westchester District Attorney and the evasive right of obtaining

Justice for African Americans in Westchester County.

The White Plains NAACP as well as the New York State Conference of

the NAACP in November of 2010 requested that the Federal Justice

Department assign a Federal Investigator when the dispute over the

facts reached by the coroner's office along with the obtuse leak of infor-

mation by the involved Police Department. In our opinion, The Danroy

Henry investigation and the Grand Jury results suggest that the West-

chester DA is more interested in clearing the police than obtaining jus-

tice for the citizens she is sworn to protect.

I stated once again because the Westchester Branches of the NAAGP

and the Black Law Enforcement Officers met with our elected officials

including the Westchester DA before the Henry shooting and expressed

our concerns regarding Police Brutality. The only solution that was of-

fered was the creation of a comprehensive pamphlet which included a

detailed explanation of the process for the filing of complaints against

officers. The pamphlet has not yet been produced for public use.

The District Attorney has reneged on the Pamphlet and on fairly investigat-

ing police encounter with civilians and our elected officials have offered no

legislation nor mandated any education for Police Officers on how to deal

with different cultures. It seems the County Executive's answer was to dis-

mantle the Westchester County Human Rights Department. Clearly, Self

Policing just Does Not Work. Those of us who battle for justice and civil

rights are disappointed and look forward to an impartial investigation by

the Federal Government and the next Election of some of our County Offi-

cials. Many of our supporters should also reflect on their next voting oppor-

tunity.

It is time that we make sure that our votes go to people who also serve our

interest.

NAACP

White Plains/Greenburgh Branch

The Activist

Marchers Demand Answers In Officer's Shooting

Page 5: BLEA NEWSLETTER #2 2012

A lot of times, when a cop sits down at his desk to write up his or her opin-

ion of a new policy, a recent event, or merely to bark at the moon, the result

is what could be described as "an intensity of opinion."

This is certainly the case in Seattle after a police officer writing in his union

newspaper lambasted the anti-bias training the city employees are required

to take.

Appearing under the headline, "Just Shut Up and Be a Good Little Social-

ist," Officer Steve Pomper calls the city's five-year-old "Race and Social

Justice Initiative" an attack on American values.

He says anyone that supports the training is "the enemy."

Pomper was talking about "Perspectives in Profiling." That's a class that de-

partment members were required to take last year to raise awareness about

racial profiling.

Pomper may just have been blowing off steam, but the combative language

and tone of the article have made national headlines.

In his column, Pomper asks at what point he and other officers should say

"Hell no!" to the city's attempts to "indoctrinate the Seattle Police Depart-

ment in social justice culture."

Ironically, the article which appeared in the December issue of The Guard-

ian is renewing concerns about the culture of the police department and offi-

cers' willingness to address perceptions of racial bias.

"Officers don't give up their free-speech rights when they put on a badge,"

he said.

The timing of the article is problematic for Mayor Mike McGinn.

He says the officer's apparent hostility to the city's anti-bias efforts adds to

public concerns over a series of highly publicized incidents in which officers

are accused of using excessive force against minorities.

"The question is a serious one," McGinn said in interview with the Seattle

Times.

Seattle Police Officers Article Controversial

The Activist

"How widely or deeply held are these views? How do we make

sure that anyone in city government reflects the values of not dis-

criminating against people? Even one officer holding these views

is not appropriate." Police officials said the column expresses only

the views of the author and not the department as a whole.

The Guardian is published monthly and contains articles about po-

lice work written by and for officers, said Sgt. Rich O'Neill, presi-

dent of the Seattle Police Officers' Guild. O'Neill defended his

members' right to say whatever they want in the publication.

"We have left-leaning officers; we have right-leaning officers. We

try to publish a range of opinions."

Mayor McGinn said his office is in "active discussions" with the

U.S. Department of Justice over calls by the ACLU and 34 other

organizations in December to investigate "patterns and practices"

of Seattle police officers' confrontations with people of color.

City Council member Tim Burgess, who chairs the Public Safety

Committee, said he didn't think Pomper's views represented the

police department.

The comments are "not consistent with the values of the police de-

partment or the rules of behavior the department sets for our offi-

cers," Burgess said.

The "Perspectives in Profiling" course, which was developed by

and for law enforcement, was first offered in Seattle in 2010.

Sean Whitcomb, police department spokesman, said the training

involved vignettes of police stops.

Written by Jose Torres

If you read American Police Beat, you know that New Jersey is having a hell of a time trying to keep enough cops on the beat to provide service.

When one of the most dangerous cities in the nation is talking about laying off half the force you know it's a bad situation. With more budget cuts and

layoffs looming on the horizon, Union County Prosecutor Theodore J. Romankow is calling into question the hiring decisions made recently by the

Township of Springfield regarding the police department.

Springfield's hiring committee recently hired eight police officers. Three of them do not have the necessary training certification. The Township offi-

cials claim that the untrained officers bring worthwhile skills and credentials to Springfield.

But Romankow, whose office began overseeing the police force in June due to a deficit of senior officers, believes the township should have hired

laid-off officers from other departments who are already certified. But instead of hiring laterals, Romankow said, the township will now be forced to

spend roughly $70,000 in salary, benefits and training costs on the three new officers while they train for six months.

"It's a disregard of public funds at a time when budgets are tight," Romankow told the ledger newspaper. Mayor Ziad Andrew Shehady said the deci-

sion to hire the officers was based on their credentials and the recommendations of Richard Rosell, the township's public safety director, and Capt.

John Cook, the officer in charge of the police division.

The recommendations were based on the applicants military background. Rosell said last week the three non-certified officers were selected from a

pool of more than 100 applicants and impressed officials with their decisiveness, command presence and military background.

"We don't look at these people as a quick fix, but as the future of the Springfield police division," the director told reporters. Rosell downplayed any

perceived favoritism in selecting his former subordinates. "That's ridiculous," Rosell said. "If I was going to use my influence to help somebody, I

would probably help a friend."

Romankow said he wants the township to name Cook as chief, saying he's ready to assume control. But Rosell, who said he wouldn't recommend a

candidate before next summer, said Romankow's endorsement wouldn't influence his selection.

Mayor Shehady said the three non-certified officers would be sworn in after the new year in an effort to spread out the hiring costs between two fiscal

years. The new officers will start at a salary of roughly $37,000, Shehady added.

Laterals or Rookies?

Page 6: BLEA NEWSLETTER #2 2012

Seattle Police Officer Resigns Over Shooting

The Activist

SEATTLE --

Seattle police Officer Ian Birk, who fatally shot Native American wood-

carver John T. Williams last summer, resigned on Wednesday after a fire-

arms review panel ruled the shooting unjustified and the King County prose-

cutor announced that Birk would face no criminal charge.

The resignation -- first reported by KIRO 7 Eyewitness News -- took place

at 4 p.m., said Police Chief John Diaz on the Seattle Police Department blot-

ter.

Birk's resignation came hours after the Police Department's Firearms Re-

view Board called the shooting "unjustified and outside of policy, tactics and

training."

Deputy Chief Clark Kimerer, who was on the board, wrote that "First and

foremost, as a result of these findings and recommendations, Officer Birk

must remain stripped of all Seattle Police powers and authority."

Earlier in the day, King County Prosecutor Dan Satterberg said he won't file

charges against Birk in Williams' death.

Satterberg told reporters gathered for a news conference that state law pro-

tects police officers from a homicide charge unless there's evidence of mal-

ice or bad faith.

"What the state would have to prove beyond a reasonable doubt is that the

officer was not telling the truth, that he did not really feel like he was in dan-

ger and that when he ... exited his car to go encounter this individual, he had

every intent to kill him no matter what," Satterberg said.

Specifically, the law, RCW 9A.16.040, states that, "A public officer or

peace officer shall not be held criminally liable for using deadly force with-

out malice and with a good faith belief that such act is justifiable."

Satterberg said the shooting is still troubling, and Birk could face a civil

lawsuit.

"Anyone who's watched the dashcam video I think is troubled by the short

span of time between the time the officer got out of his car, tried to grab the

attention of Mr. Williams and the time that he fired his weapon."

A lawyer for the Williams family said at a news conference Wednesday that

a civil suit was a possibility.

Watching the dashcam recording that shows Birk moments before the shoot-

ing, attorney Tim Ford said if a citizen had acted as Birk did, they would

face a trial.

"Are you telling me ... a reasonable juror could not find malice in that be-

havior? Are you telling me if a citizen did what is on this videotape they

wouldn’ t face a trial?" said Ford. "It was not necessary, not justified, and it

was egregiously wrong." ―it was not necessary, not justified, and it was

egregiously wrong."

Mayor Mike McGinn, appearing at a news conference Wednesday after-

noon, said, "I am deeply sorry for this tragedy. And I am deeply sorry for the

loss of faith between our community and our police force."

McGinn said Birk has a final opportunity to speak with the police chief

about his future with the department, but that the Firearms Review Board

said that "Birk should never again carry gun, wear a uniform or return to

duty as a Seattle police officer."

The Firearms

Review Board

decision an-

nounced on

Wednesday al-

lows the Police

Department to

begin internal

proceedings that

could lead to

Birk's firing or

other discipline.

The board

reached the

same preliminary decision in October.

Birk shot Williams on Aug. 30. Williams was holding a knife at the

time, but questions have lingered over whether Williams posed a threat

to Birk, or if his knife was even open when the shooting took place.

At the court inquest into the shooting, several witnesses said Williams

didn't pose an imminent threat when Birk shot and killed him. A ma-

jority of the inquest jurors agreed Williams was at least partially turned

away from the officer when he was ordered to put his wood carving

knife down.

Susanne Chambers, who calls herself Williams' adopted sister, told

KIRO 7 Eyewitness News on the phone that she was disappointed by

reports that Birk won't be charged and wants the Police Department to

at least apologize for what happened.

Meanwhile, community activists called for a mass protest in the streets

near Seattle City Hall on Wednesday afternoon.

They said they believe the decision to not charge Birk will bring out

hundreds of protesters.

I hope that I see every single person who's been following this, who's

been outraged -- everybody who's seen that video who was disgusted --

to be visible,” said Stop Police Brutality activist Emma Kaplan.

NAACP Seattle President James Bible, who has been vocal with his

opinions about this controversy, said the decision will have a negative

ripple effect in Seattle police officers' relations with minorities.

A rally at Westlake Park in Seattle was scheduled for Wednesday from

6-9 p.m. A Facebook page for the rally said more than 120 people are

attending

Police stand down protesters who marched to within a block

of a precinct station during a night-time protest march

against Seattle Officer Ian Birk

Tenn. Ticket Mistake May Relieve Thousands

MEMPHIS, Tenn. --

A mistake on some Tennessee traffic tickets could let thousands of violators off the hook.

A new state law requires that all citations issued in lieu of arrest must display 13 specific

items. Tickets that were given out in Memphis and Shelby County since the beginning of

the year were outdated and were missing two of those items.

A spokesperson for the Memphis Police Department said the department is aware of the

situation and is working on a solution.

Blacks in Law Enforcement of America

National Office

P.O. Box 56553

Washington DC 20040

202-744-2897

[email protected]

New York Office

914– 374-5037

Page 7: BLEA NEWSLETTER #2 2012

The Attack on Civil Service is an Attack on the Middle Class

The Activist

By Damon K. Jones

Democracy is a political government carried out either

directly by the people (direct democracy) or by means of

elected representatives of the people (representative de-

mocracy). The term comes from the Greek word: dēmok-

ratía "rule of the people", which was coined from dêmos "people" and krátos

"power". Most democracies today are representative. The concept of repre-

sentative democracy arose largely from ideas and institutions that developed

during the European Middle Ages and the Enlightenment and in the Ameri-

can and French Revolutions. Democracy has come to imply universal suf-

frage, competition for office, freedom of speech and the press, and the rule

of law.

Hypocrisy is the act of persistently professing beliefs, opinions, virtues, feel-

ings, qualities, or standards that are inconsistent with one's actions. Hypoc-

risy is thus a kind of lie. Hypocrisy is also of Greek origin: hypocrites ―play

acting‖, i.e. the assumption of a counterfeit persona, that gives the modern

word hypocrisy its negative connotation.

The recent acts of some our elected officials involved in drug cases, domes-

tic abuse, massive government overspending, along with lack luster account-

ability of those elected through the process of democracy is indicative of

hypocrisy. Those pointing their fingers in an economic downturn and scape-

goating hard working civil service workers through media connects have

now shown us the face of Hypocrisy of our Democratic system.

Labor unions across the nation have been thrown under the bus by our

elected officials. The so-called ―card check‖ bill that would make it easier to

unionize employees has gone nowhere. A pro-union Transportation Security

Administration nominee quit before he even got a confirmation vote. Addi-

tionally, even though unions got a sweetheart deal to keep their health plans

tax-free under the Senate health care bill, that bill has collapsed, leaving un-

ions exposed again.

In New York, Governor Paterson showed hypocrisy by furloughing 100,000

state employees and then giving raises to five of his staff members. After

massive outcry from labor groups, Governor Paterson reluctantly rescinded

the raises.

We have watched how the media, through past articles and illustrations,

have slowly painted a grim picture to the hard working tax payers that the

dedicated, hard working county civil service workers are to blame for some

states excessively high tax rate . These are the same hard working civil service workers that wake up early in

the morning and provide crucial services for the citizens of our county; po-

lice, probation, correction, sheriffs, DPW workers, firemen and countless

others. All these professionals are highly trained and perform their duties in

a professional manner; some without raises for 3 years and yet they perform

to the highest of standards, while believing that their hard work will pay off

with gratitude from county government.

What thanks do they get? Westchester County legislators passing a health-

care bill that mandates that non-union employees contribute up to 20% of

their salaries is unacceptable. Currently, this only affects approximately 400

county workers.

Union leaders made a grave mistake by remaining silent on this legislation.

This will be the blue print for future negotiations for the rest of the county

unionized work force. With a majority of unions working under expired la-

bor contracts, any monetary raise will be erased by healthcare contributions.

Many city management and elected officials continued to fatten their pock-

ets while labor unions were forced to wait some two to four years for labor

contracts. For the county employees going this long without a raise, this is

money we will never get back and for the younger employees, they will

never catch up to the rising cost of living. With the constant barrage of the

assumptions that these dedicated civil service workers are the cause of

our financial woes and that the way to strike a balance is off the backs

of hard working civil service workers. Most can't even afford to pur-

chase a home in the city or county where they serve; we say to you: Do

not expect to remain in office or be elected if you do not truly embrace

accountability and balance at all levels!

The financial crisis in the cities and states has affected everyone. For

the last 12 years, government has grown. This outrageous growth has

been mostly at the top and frivolous spending can be attributed to those

in appointed positions and elected officials has become. Common

sense dictates that cost cutting starts at the top. Minimally, it may seem

symbolic, but it sets the tone for fiscal responsibility.

Many city governments have become no better than Corporate Amer-

ica, no different than any Fortune 500 company with profits as its bot-

tom line; cut from the bottom while management is over staffed, paper

clip job titles, and some with no working knowledge of how their de-

partments are run and by whom. All the while keeping their eyes on

the rank and file, while over staffed management goes untouched and

un affected.

Wisconsin Gov. Scott Walker's proposal to curtail the collective bargaining rights of public employees has ignited a sense of solidar-ity between private-sector union workers and public union mem-bers, both determined to fight the Republican-led wave sweeping the country targeting their wages, benefits and power

―If public-sector unions lose strength, the labor movement as a whole

will lose power," said Marion Crain, a labor law expert at Washington

University in St. Louis.

In addition to the rallies, public- and private-sector unions, tradition-

ally Democratic allies, are establishing a $30-million fund to fight Re-

publican efforts to weaken workers' rights.

"This is all about power," said Ray Holman, United Auto Workers Lo-

cal 6000 legislative liaison in Michigan who was preparing to drive

seven hours from Lansing to Madison to show his support for Wiscon-

sin state workers. "If they can break Wisconsin, they could start a dom-

ino effect."

James P. Hoffa, president of the Teamsters, whose 1.4 million mem-

bers include 250,000 public employees, flew to Madison to join in the

protests and plans to be in Columbus next week.

"I've seen people from every corner of the state that I've never seen

before" show up at the protests, said Tim Burga, president of the Ohio

AFL-CIO and a former steelworker. "I can't even recognize somebody

in a crowd when I'm out there now. Usually, that's never the case."

As a national organization of Black Law Enforcement Professionals

we support the preservation of collective bargaining, heath care, and

workplace safety for all labor and civil service workers.

Page 8: BLEA NEWSLETTER #2 2012

NEW YORK --

A New York City judge has ruled that the NYPD must hand over more than a decade's worth of reports on shootings.

State Supreme Justice Emily Goodman's decision means reports will be made public on more than 800 instances since 1997 where officers fired at

civilians. They will include details on famous cases like the 1999 shooting of Amadou Diallo and lesser-known cases in which no one was hit.

The release follows a lawsuit by the New York Civil Liberties Union.

The names of officers will be made public, but other details like addresses will be left off. Identifying information on witnesses will vary.

The judge threw out the NYPD's argument that the reports would give up confidential investigative techniques and create a chilling effect on

Witnesses.

Judge Rules NYPD Must Turn Over Shooting Reports

Blacks in Law Enforcement of America

National Office

P.O. Box 56553

Washington DC 20040

202-744-2897

[email protected]

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

DALLAS, Texas -- David Hammock still can't believe what played out

on police dash cam video, when he was arrested recently for DWI, even

though he was sober.

"I was telling the officer that I wasn't under the influence of alcohol and

at the time it wasn't enough," said the Dallas father.

Hammock believes the police video that shows him being given a field

sobriety test should have been enough for supervisors to realize that

there had been violations of policy. Police officials say procedures were

followed, but Hammock says he was unfairly tested on a sloped road.

"What other evidence did they need."

To help sort out fact from fiction, Dallas police videos will now be rou-

tinely scrutinized by a new unit. The DVR Review Team will begin

work this week, looking at videos for mistakes and misconduct

The formation of the panel follows several incidents captured on camera.

In one case, a rookie officer berates an NFL player who is headed to the

bedside of his dying relative. Some say the review panel is necessary.

"I think it will be important for law enforcement to want to have a review

system like this," former prosecutor, John Teakell, said.

Teakell says the review panel will help commanders monitor how officers

are doing their jobs, but he says the system has to work.

"I think these policies need to be established to make sure the cameras

capture both audio and video."

Recently, Dallas officers were disciplined and could face criminal

charges after a beating was caught on tape. Officials say the review will

find bad officers, but also help to clear officers who are wrongly accused

of misconduct.

No one from the Dallas police department was available for comment.

McClatchy-Tribune News Service

Dallas Police to Review Dash Cam Videos