Category Archives: Police Misconduct

Should We Ban Hog-Tying By Police?

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Report: Most of America's largest police departments allow officers to choke, strangle, and hog-tie people | The Week

King5 News reports that Democratic Sen. Yasmin Trudeau has sponsored a bill banning hog-tying by police. The restraint technique has long drawn concern due to the risk of suffocation, and while many cities and counties have banned the restraint technique, it remains in use in others.

The legislation comes nearly four years after Manuel Ellis, a 33-year-old Black man, died facedown with his hands and feet cuffed together behind him. The case that became a touchstone for racial justice demonstrators in the Pacific Northwest.

Senator Trudeau said she doesn’t want anyone else to experience the “dehumanization” Ellis faced before his death.

“How do we move through the need for folks to enforce the laws, but do it in a way where they’re treating people the way we expect, which is as human beings?” ~Senator Yasmin Trudeau

In the last four years, states across the U.S. have rushed to pass sweeping policing reforms.  The legislation was prompted by racial injustice protests and the death of George Floyd and others at the hands of law enforcement. Few have banned prone restraint, according to the National Conference of State Legislatures.

The attorney general’s office in Washington recommended against using hog-tying in its model use-of-force policy released in 2022. At least four local agencies continue to permit it, according to policies they submitted to the attorney general’s office that year.

The Pierce County Sheriff’s Department said it still allows hog-tying but declined to comment on the bill. One of the department’s deputies was involved in restraining Ellis, whose face was covered by a spit-hood when he died.

THOSE SUPPORTING THE LEGISLATION

Trudeau, who represents Tacoma, said she made sure Ellis’ sister, Monet Carter-Mixon, approved of her efforts before introducing the bill. Democratic Sen. John Lovick, who worked as a state trooper for more than 30 years, joined Trudeau in sponsoring the bill. Republican Rep. Gina Mosbrucker, a member of the House public safety committee, said she looked forward to learning more about the legislation.

“If it does turn out that this form of restraint for combative detainees is dangerous in any way, then I think the state should put together a grant and some money to buy and train on alternative methods to make sure that the officer and the person arrested is safe.” ~Republican Rep. Gina Mosbrucker

Please review my Search & Seizur Legal Guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

America is Experiencing a Police Officer Shortage

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Why is There a Shortage of Police Officers? | National Police Support Fund

Informative article from the Associated Press reports that America is in a police officer shortage. Many in law enforcement blame the coronavirus pandemic and criticism of police that boiled over with the murder of George Floyd by a police officer.

From Minnesota to Maine, Ohio to Texas, small towns unable to fill jobs are eliminating their police departments. They’re turning over police work to their county sheriff, a neighboring town or state police.

At least 521 U.S. towns and cities with populations of 1,000 to 200,000 disbanded policing between 1972 and 2017, according to a peer-reviewed 2022 paper by Rice University Professor of Economics Richard T. Boylan. Interestingly, crime rates were unchanged in towns that dropped their departments, the Rice University study found.

At the heart of the problem is the exodus from law enforcement. Officer resignations were up 47% last year compared to 2019 — the year before the pandemic and Floyd’s killing — and retirements are up 19%. That’s all according to a survey of nearly 200 police agencies by the Police Executive Research Forum, a Washington, DC.-based think tank.

Though the survey represents only agencies affiliated with PERF, a fraction of the more than 18,000 law enforcement agencies nationwide and is not representative of all departments, it’s one of the few efforts to examine police hiring and retention and compare it with the time before Floyd’s killing.

Compounding the exodus of veteran officers, young people are increasingly unwilling to go through the months of training necessary to become a police officer, said Chuck Wexler, executive director of the Police Executive Research Forum.

“Fewer people are applying to be police officers, and more officers are retiring or resigning at a tremendous rate . . . There’s a shortage of police officers across the country.” ~Chuck Wexler, executive director of the Police Executive Research Forum.

Agencies of all sizes are struggling to fill open positions. But the problem is especially dire in smaller communities that can’t match the pay and incentives offered by bigger places.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Over 29,100 Years ‘Lost’ In Prison Due To Wrongful Convictions

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Government corruption and negligence drive most wrongful convictions, report finds

Excellent article by Kiara Alfonseca of abcnews.go.com uncovered disturbing data on wrongful convictions. An exoneration-tracking project called National Registry of Exonerations (NRE) found that more than 29,100 years have been “lost” in prison due to wrongful convictions. The wrongful convictions were based on misidentifications, false confessions, police failure to disclose evidence and more.

The NRE has actively recorded this trend data since 1989. Since then, 3,287 exonerations have been recorded. The project is hosted by University of California Irvine, University of Michigan Law School and Michigan State University College of Law.

“We’ve all been raised to believe that our system is a great system that works well, that we identify the right people, we convict the right people, we give people the right sentences . . . It has been a very hard awakening for a lot of people to realize that that’s just not always the case.” ~Attorney Marissa Boyers Bluestine, Assistant Director at the Quattrone Center for the Fair Administration of Justice.

The registry found that the most often cited factors for wrongful convictions are as follows:

  • Witness Misidentification
  • False Accusation
  • False Confession
  • Faulty Forensic Evidence
  • Inadequate Legal Defense
  • Police Misconduct
  • Prosecutorial Misconduct

In some cases, the methods used to collect evidence in the past have since been proven to be scientifically unreliable, according to experts. This was the case with Sidney Holmes, whose armed robbery conviction was recently overturned in part because of misidentification, which was partly due to outdated photo and live lineup practices commonly used by law enforcement in the 1980s, officials say.

Black people represent 53% of the 3,200 exonerations listed in the National Registry of Exonerations. This data exists despite the fact that black people make up just 13.6% of the American population. Nevertheless, black people represent 38% of the incarcerated population, according to the Prison Policy Initiative.

“Innocent Black Americans are seven times more likely than white Americans to be falsely convicted of serious crimes.” ~National Registry of Exonerations 2022 Report.

Please contact my office if you, a friend or family member are charged with a crime. Being wrongfully convicted is the worst outcome possible. Hiring an effective and competent defense attorney is the first and best step toward justice.

Bellingham Residents Express Concern Over Rising Crime Rates

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Neighborhood Policing - City of Bellingham

KGMI reports that the Bellingham City Council, mayor and other leaders heard from residents about their concerns about public safety at a virtual community meeting held on Monday, May 16th.

Residents expressed concerns about housing prices, drug deals in their neighborhoods and rising crime rates. Chief Deputy for the Bellingham Police Department Don Ahlmer told the meeting that while crime rates are up, the numbers have to be viewed with perspective.

“If you look at the numbers for aggravated assault, if a seven year average is 124, the last three-year average is roughly 50 more a year. You’re looking at one more assault a week . . . So, numbers are numbers . . . But I don’t want the public or anybody watching this to think, oh my gosh, there’s like a hundred extra assaults a day.” ~ Deputy Almer, Bellingham Police Department

Mayor Seth Fleetwood said the city needs more police officers.

“We’re fortunate to have a police department that is exceptional, made up of capable, caring, highly confident, trained professionals,” said Fleetwood. “But our staffing levels are down and we’re doing all we can to staff back up. And I know that we’re going to get there.”

Click here to watch a YouTube video of the meeting.

My opinion? The concerns of Bellingham’s citizens reflect national trends that crime – especially homicides and manslaughter – has increased. Covid disrupted every aspect of life in the past two years. Social services and supports that help keep crime down vanished overnight. Schools could no longer keep unruly teens safe and distracted. A broader sense of disorder and chaos could have fueled a so-called moral holiday, in which people disregard laws and norms.

Citizens are righteously concerned with crimes happening in their backyards. And yes, we need solutions. The solutions involve training and hiring police officers who are not racially biased. We need police officers who won’t conduct illegal searches/seizures. And we need police officers who won’t go about policing poverty. These practices strain the criminal justice system. They also burden impoverished people with fines for minor offenses and fracture the relationship between police and minorities.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

No More Police Chokeholds

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emi koyama (@emikoyama) | Twitter

Excellent article by Melissa Luck of the yaktrinews.com reports that House Bill 1054 would limit law enforcement officers from using controversial police tactics like chokeholds and tear gas.

Study Finds Police Misconduct Leads to Wrongful Convictions

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Advocacy group speaks out against wrongful convictions

A recent study finds police misconduct leads to wrongful convictions. The misconducts included witness tampering, violent interrogations and falsifying evidence.

Titled, Government Misconduct and Convicting the Innocent: The Role of Prosecutors, Police and Other Law Enforcement, researchers from the National Registry of Exonerations studied 2,400 convictions of defendants who were later found innocent over a 30-year period and found that 35% of these cases involved some type of misconduct by police. More than half – 54% – involved misconduct by police or prosecutors.

The study comes as protests over racial injustice and police brutality spread across many cities for several months following the May 25 death of George Floyd in police custody.

Researchers found that misconduct by police and prosecutors is among the leading causes of disproportionate false conviction of Black defendants. For example, 78% of Black defendants who were wrongly accused of murder were convicted because of some type of misconduct. That number is 64% for white defendants, according to the study. An even wider gap: 87% of Black defendants later found innocent who were sentenced to death were victims of official misconduct vs. 68% for white defendants.

The study found that hiding evidence that is favorable to defendants is the most common type of misconduct.

Researchers cite five murder trials in which prosecutors concealed evidence about the cause of death. In one case, a woman was convicted of killing her boyfriend, but prosecutors did not disclose a medical report that found he had died of suicide.

“In a few rape exonerations, the authorities concealed evidence that the complainants had a history of making false rape allegations . . . And in at least a dozen child sex abuse cases, police, prosecutors and child welfare workers concealed statements by the supposed victims that they had not in fact been molested.” ~National Registry of Exonerations

In some cases – according to the study – police officers falsely claimed they were victims of assaults by defendants. In one such case, police officers from Chattanooga, Tennessee, beat a defendant at a reentry facility because he defended himself. Adam Tatum was sentenced to two years in prison for assaulting officers but was later exonerated after video showed that officers attacked him without provocation. Tatum sued and later settled for $125,000.

Also, police officers were disciplined or convicted of crimes in only 19% of exonerations that involved some type of misconduct, according to the study. That’s a rate five times higher than those for prosecutors, whose misconduct account for 30% of the cases.

Please contact my office if you, a friend or family member are charged with a crime and evidence appears to have been withheld. Hiring an experienced and effective criminal defense attorney is the best step toward justice. Experienced attorneys regularly file and argue Motions to Compel and/or a Brady Motions; both of which force the Prosecutor to give exculpatory evidence and release discovery that they otherwise wouldn’t.

Police Reform Legislation

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House Democrats to propose reforms targeting police misconduct ...U.S. House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) and House Majority Leader Steny Hoyer (D-MD) kneel with Congressional Democrats during a moment of silence to honor George Floyd, Breonna Taylor, Ahmaud Arbery and othe

Great article by Jacob Pramuk of CNBC reports that House Democrats unveiled a bill to overhaul police practices as Americans mass daily to protest excessive use of force and systemic racism.

Lawmakers in the House and Senate released the legislation two weeks after the death of George Floyd, the black, unarmed man who died after a Minneapolis police officer knelt on his neck for nearly nine minutes. The killing sparked nationwide furor over sustained brutality against black Americans. His death added to a string of recent killings of black men and women that has led to perhaps the biggest reckoning over racism in the U.S. in decades.

Before introducing the bill, Speaker Nancy Pelosi, Senate Minority Leader Chuck Schumer, Congressional Black Caucus Chair Karen Bass (D-Calif.), Sens. Cory Booker (D-N.J.) and Kamala Harris (D-Calif.) and other top Democrats will first gather in the Capitol in silence for 8 minutes and 46 seconds, the amount of time an officer knelt of Floyd’s neck.

The Democratic legislation would make sweeping changes designed both to deter police use of force and hold officers more accountable for abuses. The federal bill comes as changes start at the local level: most of the Minneapolis city council committed to disbanding and replacing the city’s police force Sunday, while New York City will consider a range of law enforcement reforms.

The bill “establishes a bold, transformative vision of policing in America,” said Congressional Black Caucus Chair Rep. Karen Bass, D-Calif. She said Americans should not have to witness “the slow murder of an individual by a uniformed police officer.” Bass added that the bill has more than 200 co-sponsors in both chambers of Congress.

Here’s some of what congressional Democrats’ bill would do, according to summaries obtained by NBC News and the Associated Press:

  • Reform “qualified immunity” for officers, making it easier for people whose constitutional rights were violated to recover damages
  • Change the federal standard of criminal police behavior from “willful” to acting “knowingly or with reckless disregard,” to address the difficulty of prosecuting officers
  • Start a federal registry of police misconduct and require states to report use of force to the U.S. Justice Department
  • Ban police use of chokeholds and carotid holds, and condition funding for state and local departments on barring the practices
  • Stop the use of “no-knock” search warrants in drug cases in the U.S., while also making state and local money contingent on stopping use of the warrants
  • Give the Justice Department subpoena power to carry out “pattern and practice” investigations into police department conduct
  • Provide state attorneys general with grants to carry out pattern and practice probes and create a process for independent investigations into uses of force
  • Require training on racial bias and implicit bias at the federal level, and condition state and local funding on offering training
  • Curb transfers of military-grade weapons to state and local police
  • Classify lynching as a federal hate crime

According to NBC News, the legislation offers money for only two components: the requirement to track and report use of force and the investigations by state attorneys general, according to NBC News.  The Democratic plan did not meet many activists’ demands to slash — or entirely cut — police funding.

Senate Minority Leader Chuck Schumer said that “in the Senate, Democrats are going to fight like hell” to pass the legislation. He called on Senate Majority Leader Mitch McConnell to bring the bill to the Senate floor and hold a debate on it “before July.”

A White House spokesman did not immediately comment on whether President Donald Trump would back the legislation. On Monday, House Speaker Nancy Pelosi said “the president must not stand in the way of justice.”

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State-Created Danger Doctrine and Domestic Violence Victims

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The Chilling Inaction on Domestic Violence in Russia is Endangering Women's Lives | Human Rights Watch

In Martinez v. City of Clovis, the Ninth Circuit Court of Appeals held that police officers investigating a DV crime breached the victim’s Due Process rights by intensifying her peril.

BACKGROUND FACTS

Ms. Martinez was a victim of domestic violence. After reporting an incident to police, the investigating officers took her statement in confidence as to physical and sexual abuse by her boyfriend Mr. Pennington in a hotel and then repeated the substance in the presence of the abuser. That night or the next day, Pennington again attacked Martinez, this time resulting in his arrest. Consequently, Ms. Martinez recanted her accusations out of fear that she would again be attacked. Later, Ms. Martinez sued the investigating officers and the Clovis Police Department.

LEGAL ISSUE

Whether Ms. Martinez can recover damages under 42 U.S.C. § 1983 from the law enforcement officers who allegedly placed her at greater risk of future abuse.

COURT’S ANALYSIS & CONCLUSIONS

The 9th Circuit Court of Appeals held that the State-Created Danger Doctrine applies because actions of the police put Martinez in greater jeopardy than if they had not arrived. It reasoned that officer Hershberger told Mr. Pennington about Martinez’s testimony relating to his prior abuse, and also stated that Martinez was not ‘the right girl’ for him.

“A reasonable jury could find that Hershberger’s disclosure provoked Pennington, and that her disparaging comments emboldened Pennington to believe that he could further abuse Martinez, including by retaliating against her for her testimony, with impunity,” said the Court. “The causal link between Hershberger’s affirmative conduct and the abuse Martinez suffered that night is supported by Martinez’s testimony that Pennington asked Martinez what she had told the officer while he was hitting her.”

“A reasonable jury could find that Pennington felt emboldened to continue his abuse with impunity.”

The Court further reasoned that the State-Created Danger Doctrine applies when an officer praises an abuser in the abuser’s presence after the abuser has been protected from arrest, in a manner that communicates to the abuser that the abuser may continue abusing the victim with impunity.

Nevertheless, the Court also decided the officers were entitled to Qualified Immunity because the law with respect to state-created danger doctrine was not clearly established. He added: “Going forward, the law in this circuit will be clearly established that such conduct is unconstitutional.”

Good opinion. Please contact my office if you, a friend or family member face criminal Domestic Violence allegations. Hiring an effective and competent defense attorney is the first and best step toward justice.

Seattle Police Accountability Report: More Use of Force Against African Americans

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Excellent article by of the Seattle Times reports that Seattle police are using force at low levels but still can’t fully explain why it is used against African Americans at disproportionately higher rates, according to the department’s annual report submitted to the federal judge overseeing court-ordered reforms.

The Seattle Police Department last week filed its 2019 Use of Force report, which shows that the use of force by officers remained “extraordinarily low” last year.

Officers reported using force at a rate of less than one quarter of 1 percent out of the nearly 400,000 incidents to which they responded, the report said. That’s in line with the rate reported a year earlier.

According to Miletich, the report is part of a series to show whether federally-mandated police reforms are being sustained, with an ultimate goal of terminating a court-ordered agreement by 2020. The updates are being provided to U.S. District Judge James Robart, who last year found the city in full compliance with the main terms of a 2012 consent decree with the U.S. Justice Department.

Judge Robart’s ruling triggered a two-year period in which the city must demonstrate that it is maintaining reforms to address allegations of excessive force and issues of biased policing. The city took the lead role in carrying out a self-analysis, although the Justice Department and the court’s monitor, Merrick Bobb, scrutinize the progress.

The police department’s use-of-force reports follow Bobb’s key finding in April 2017 that the department had made a dramatic turnaround. He concluded that overall use of force was down, and that when officers used it, it was largely handled in a reasonable way consistent with department policies.

Still, as in the 2018 report, the new figures show a disparity in the use of force against African Americans. Black males represented 32 percent of cases involving males, up from 25 percent a year earlier. Cases involving black females surged to represent 22 percent of incidents where force was used against females, compared with 5 percent in 2017. African Americans make up about 7 percent of Seattle’s population.

Racial disparity is a “significant ongoing concern” requiring further discussion and analysis within the limited role of law enforcement, the report said.

Yet current sociological and criminal-justice research has not found proven reliable methodology for accounting for all the “multitude of recognized factors” that may combine to result in the disparity, including education, socioeconomic status and family structure, the report said.

“In other words, while numbers can identify a disparity, they cannot explain the disparity,” the report said. At any rate, the police department said it would continue to consult academic experts to learn more, including the possible effects of implicit bias.

Please contact my office if you, a friend or family member had a negative experience which police which turned inappropriately violent. Although police officers have difficult jobs, police misconduct still exists.

I-940 Passed By Voters

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Initiative 940, modifying law regulating police use of deadly force, passes with strong support | The Seattle Times

Excellent article from Seattle Times reporter Steve Miletich informs us that Initiative 940,  the measure that would remove a 32-year-old barrier in state law that has made it virtually impossible to bring criminal charges against police officers believed to have wrongfully used deadly force, has passed with strong support.

Passage of the measure means that prosecutors will no longer have to prove law-enforcement officers acted with “evil intent” — or so-called “malice” — when considering whether to file criminal charges such as manslaughter. Washington is the only state with such restrictive language.

The measure passed with 60 percent of the vote statewide. In King County, support exceeded 70 percent.

According to Miletich, a spokesperson for the I-940 campaign said the win means “Washington becomes the first state in the nation to pass a police training and accountability measure in response to a national conversation about use of force and relationships between law enforcement and the communities they serve.”

I-940 requires proof that a reasonable officer would have used deadly force in the same circumstance and sincerely believed the use of deadly force was warranted. I-940 also requires de-escalation and mental-health training for police; requires officers to administer first aid to a victim of deadly force; and requires independent investigations into the use of deadly force.

At one point, state legislators passed a compromise bill earlier this year that addressed concerns raised by some law-enforcement organizations about certain wording in the initiative.

I-940 proponents accepted the bill, agreeing to keep the initiative off the ballot. But the state Supreme Court agreed with a challenger that the initiative couldn’t be modified by the Legislature and must be presented to the voters in its original form.

My opinion? Excellent. It’s about time. All of us want to ensure our families, communities and law enforcement officers as safe. But last year, more people were killed in encounters with law enforcement than in 45 other states, and almost a third of those killed were experiencing a mental health crisis. No officer wants to find themselves in this situation, but right now officers in Washington aren’t provided with enough training to help them de-escalate a potentially deadly encounter.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.