Sunday, March 24th, 2013 — Good Afternoon, Stay Safe
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Sharpton, ACLU and NAACP Call for D.I. Christopher McCormack’s Suspension
Al Sharpton: Secret Recording Is "Smoking Gun" In Stop And Frisk Case
By: Natasha Ghoneim — Saturday, March 23rd, 2013; 3:56 p.m. ‘NY 1 News ’
Rev. Al Sharpton said Saturday the secret recording released in court depicting a NYPD inspector instructing officers to specifically stop and frisk young black men is a "smoking gun," proving the NYPD uses racial profiling. NY1's Natasha Ghoneim filed the following report.
There was plenty of anger, but not much surprise at the National Action Network Saturday, when Rev. Al Sharpton and other leaders discussed the latest from the stop and frisk trial that began this week.
Sharpton and representatives from the American Civil Liberties Union and the National Association for the Advancement of Colored People called for the suspension of NYPD Deputy Inspector Christopher McCormack.
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COMMENT: As almost all of us already know, D.I. Christopher McCormack is totally 100% right on the money in what he is saying and is not racist at all. What McCormack is stating is simply a matter of reality and fact.
Sharpton, etc. may not like the truth and the accuracy of McCormack's statements, but research and statistics prove that the most likely person to commit a robbery in the South Bronx is a male-black 15 to 21 years of age.
Perhaps the reverend would like the ‘4-0’ cops to go out and just start stopping Scandinavians - if they can find any.
Incidentally, the Rev. Al has a great track record at separating fiction and fairy tales from reality and the truth; just ask Tawana Brawley. - Mike Bosak
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A tape, secretly recorded by a Bronx police officer, was released during court proceedings and showed McCormack talking about combating robberies in Mott Haven by targeting black youth.
"This is about stopping the right people at the right place at the right location," McCormack said in the tape.
"The problem was what?" he goes on to say. "Male blacks -- and I told you that at roll call, and I have no problem telling you this -- male blacks 14 to 20, 21."
Those words didn't sit well with activists.
"Why would you say that when clearly you're in a community not frequented by whites, other than this is the policy and you're saying it?" Sharpton said.
Civil rights groups are also urging the City Council to pass the proposed Community Safety Act.
"The Community Safety Act would require police officers, when they want to search you and don't have suspicion to think you're doing anything wrong, to tell you you have the right to just say no," New York Civil Liberties Union Director Dona Lieberman said.
"It's really degrading. I've even been to the precinct, where they have strip searched me," said James Jones, who has been stopped and frisked by police. "It resulted in a class action lawsuit because it was that many people that they had done the same thing to."
The Act would also establish an independent inspector general to oversee the police department.
There is broad support on the City Council but Mayor Michael Bloomberg and Police Commissioner Ray Kelly said there's already enough oversight.
Sharpton believes the city has reached a tipping point when it comes to overhauling the stop and frisk program.
"There will be a new mayor and probably a new police commissioner in January," Sharpton said. With this lawsuit and now with this tape, which is the smoking gun to establish the racial profiling aspect -- I think change is just around the corner."
McCormack will take the stand in the coming weeks.
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Reverend Sharpton, Community Leaders Demand Deputy Inspector McCormack’s Suspension
By Unnamed Author(s) (CBS New - New York) — Saturday, March 23rd, 2013; 7:30 p.m. EDT
NEW YORK(CBSNewYork) — The Reverend Al Sharpton and a group of community leaders called on Police Commissioner Kelly to suspend NYPD Deputy Inspector Christopher McCormack on Saturday.
Reverend Sharpton was joined by civil rights, labor, and other community leaders at the National Action Network on 145th street where he addressed the latest development in the debate over ‘Stop and Frisk’.
A recording played in a Federal District Court in Manhattan on Thursday, featured a commanding officer instructing a patrol officer to stop the “right people, at the right time”, the New York Times reported.
The commanding officer on the recording was Deputy Inspector McCormack, he was recorded by Patrol Officer Pedro Serrano saying that the people causing the most problems should be stopped on the street, according to the Times.
The voice identified as McCormack is then heard saying, “I told you at roll call, and I have no problem telling you this, male blacks fourteen to twenty, twenty-one.”
The recording was played during proceedings in a class action lawsuit over ‘Stop And Frisk’, a tactic that the Bloomberg administration has cited for its effectiveness in driving down gun violence.
On Saturday the New York Police Department issued a statement that said that Deputy Inspector McCormack was doing ‘what a good commander is supposed to do’.
Statement from the NYPD:
Deputy Inspector McCormack did what a good commander is supposed to do - direct officers under his command to protect the public, or as he eloquently said “the 99% of the people in this community (who) are great, hard working people who deserve to walk to the train stop, walk to their car, walk to the store [without fear of getting shot].”
The statement went on to mention that it was important to understand the context of the taped conversation, and that Deputy Inspector McCormack was referring to suspects in a pattern of burglaries in the South Bronx.
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NYPD responds to Deputy Inspector Christopher McCormack's comments on stop-and-frisk
By Unnamed Author(s) — Sunday, March 24th, 2013 ‘News 12 Bronx’
THE BRONX - The NYPD has defended recorded comments made by a Bronx commanding officer about stop-and-frisk, saying he was referring to a specific case and not endorsing racial profiling.
According to the New York Times, a patrol officer now testifying against the NYPD in a stop-and-frisk trial recorded Deputy Inspector Christopher McCormack. The Times reports prosecutors played the recording, which has McCormack saying, "The problem was, what, male black. And I told you at roll call, and I have no problem telling you this, male blacks 14 to 20, 21." He was also recorded telling the officer to stop those who were causing "the most problems."
The Reverend Al Sharpton and others have called on McCormack to resign or for the NYPD to suspend him, accusing him of racial profiling. In a statement, Deputy Commissioner says McCormack was "describing suspects in patterns of burglaries and robberies who were victimizing people in a specific part of the precinct, not racially profiling." The stop-and-frisk trial is expected to last two more weeks.
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Rev. Al Calls for Disciplinary Action Against Deputy Chief Michael Marino
Rev. Al Sharpton calls for charges against NYPD brass who set stop-and-frisk quota
Sharpton called for disciplinary action against Deputy Chief Michael Marino, who testified last week that quotas were useful in combating crime. Sharpton calls them racist.
By Denis Slattery AND Jonathan Lemire — Sunday, March 24th, 2013 ‘The New York Daily News’
The Rev. Al Sharpton ripped the Police Department’s stop-and-frisk policy on Saturday — and called for a high-ranking NYPD officer who installed arrest quotas for cops to be disciplined.
During a federal trial challenging stop-and-frisk, Deputy Chief Michael Marino testified last week that quotas were useful in combating crime. Sharpton believes they are racist.
“What kind of city are we building?” asked Sharpton at the National Action Network. “Bring (Marino) up on departmental charges.”
He was joined by Controller John Liu, the lone mayoral candidate calling for stop-and-frisk to be abolished.
Commissioner Paul Browne, the NYPD’s top spokesman, didn’t comment on Marino’s testimony, but he did interpret a recording made of Bronx Deputy Inspector Christopher McCormack, who told officers to stop and frisk black youths.
“He was describing suspects in patterns of burglaries and robberies who were victimizing people in a specific part of the precinct, not racially profiling,” Browne said, claiming it was “important to note the context” behind McCormack’s remarks.
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Will This Court Case Force the NYPD to End Racist Stop and Frisks?
By Rebecca McCray — Saturday, March 23rd, 2013 ‘PolicyMic.Com’
(Op-Ed / Commentary)
On Monday, a federal courtroom in lower Manhattan was packed to the brim, with observers and press spilling into its adjacent overflow room. The opening arguments of Floyd v. City of New York began this week, kicking off an historic civil trial that has the potential to impact hundreds of thousands of black and Latino New Yorkers who the Center for Constitutional Rights (CCR) argues have been unconstitutionally stopped and frisked by the NYPD on our streets.
From 2002 to 2011, almost 90% of these stops were of black and Latino residents — and yet guns were found in less than 0.2% of stops, and other contraband found in only 1.7%. Nearly nine out of ten individuals stopped are not engaged in criminal behavior. But as CCR attorney Darius Charney plainly stated in the face of these staggering statistics, this case is "about much more than numbers; it’s about people."
Heidi Grossman, the city’s attorney, was quick to agree. Because blacks and Latinos are disproportionately the victims of crime in the city, she explained, "a disproportionate amount of police resources are distributed to these communities." But Grossman’s attempt to paint an empathetic portrait of NYPD officers was muddled by her insistence on the comparison of quota use to any business trying to evaluate its output and efficacy.
The plaintiffs, she argued, are seeking "to deprive the NYPD of a system of productivity assessment that all employees and businesses use." This perspective felt detached at best. To compare the NYPD’s work on the streets to some kind of sanitized inventory conducted by just any employer fails to adequately acknowledge that NYPD officers are in the business of working with (and arresting) people, not products. Grossman’s "productivity assessment" excuse dehumanizes the distinctly humiliating and traumatic experience of being wrongfully, aggressively stopped and frisked by the police, as CCR’s plaintiffs have attested throughout the week.
CCR and other advocates have consistently argued that these numbers-based mandates from superior officers encourage and even require police to make unnecessary and unlawful stops just to avoid consequences. On the third day of the trial, this phenomenon was confirmed by the testimony of Adhyl Polanco, a whistle-blowing officer who recounted the pressure he experienced to meet quotas.
Charney made clear in his opening arguments that Floyd is not a case that seeks to diminish or hinder the NYPD’s ability to reduce crime, nor does it seek to eliminate stop and frisk as a crime-fighting tool. Rather, the case aims to challenge the means by which the police work toward this objective. Making such stops without reasonable suspicion violates the Fourth Amendment, and CCR argues that the disparate impact this practice has had on communities of color constitutes a violation of the Equal Protection Clause of the Fourteenth Amendment.
CCR does not suggest that the NYPD should cease to deploy large numbers of their officers to high crime areas, but what is done once those officers arrive in these communities must change. By using race as a proxy for criminality, the stop and frisk tactic has effectively alienated thousands of young black and Latino New Yorkers. If this case is indeed about people, as both counsel for CCR and the City seem to agree, it seems undeniable that instilling a distrust and fear of police in an entire generation of young people is indisputably counterproductive to NYPD’s goal of keeping New Yorkers safe.
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NYPD $$ Lawyer Lotto Bonanza $$ / 41st Precinct P.O. Eddie McClain
Video shows NYPD cruiser hit Bronx dirt bikers, killing operator and injuring passenger who is now suing city
Adalberto Gonzalez was riding behind Eddie Fernandez when a patrol car struck their dirt bike on Aug. 11, killing Fernandez. Gonzalez’s lawyer has filed suit claiming the officer violated procedure by purposefully ramming the bike and claims the video shows that.
By Sasha Goldstein — Sunday, March 24th, 2013 ‘The New York Daily News’
A newly released video shows the moment a police cruiser smashed into a dirt bike during a chase in Hunts Point, killing the bike’s driver and injuring his passenger.
Eddie Fernandez, 28, was killed August 11. His passenger, Adalberto Gonzalez, 27, was injured and arrested.
Gonzalez’s attorney has filed a claim against the city for damages in the allegedly purposeful ramming, which is against police protocol.
"Psychologically, he's ruined. Watching his best friend die was not easy," attorney Peter Ronai told NBC.
He said the video serves as proof that the police officer purposely hit the pair, despite a NYPD directive not to pursue dirt bikers.
"The police officer barrels into them like a scud missile," Ronai said. "They were dead ducks. They had no chance. Their only crime was riding a dirt bike. They paid with their lives."
Gonzalez is scheduled to appear in court Monday on charges of reckless endangerment, resisting arrest and reckless driving.
After the crash, Lt. Hamilton Nunez, of the 41st Precinct, told the Daily News that NYPD policy was not to pursue the dirt bikers because it was too dangerous.
“They don’t want us chasing them,” Nunez said. “Whenever we see them pulled over we arrest them. As for chasing them up and down the Bruckner, that’s not happening.”
The NYPD Patrol Guide prohibits “ramming” in an attempt to stop a vehicle.
Immediately after the crash and before the video’s release, another attorney for Gonzalez was already calling for an investigation and claiming foul play.
“I simply have an issue that riding an unlicensed dirt bike has become a capital offense, punishable by death,” Cesar Gonzalez said in August. “If their policy is not to chase, when did their policy change, that it’s OK to ram? This dirt bike was rammed.”
The video backs up the attorney’s claim. The cruiser appears to be going at a high rate of speed when it slams into the back of the bike at Randall Ave. and Coster St., throwing both men.
"I wasn't harming anybody,” Adalberto Gonzalez, who broke his leg in the crash, told ABC. “My friend should not have died just for having fun.”
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U.S.A.
Mike’s $12M anti-gun ad ‘air’strike
By SALLY GOLDENBERG — Sunday, March 24th, 2013 ‘The New York Post’
(Edited for brevity and law enforcement pertinence)
Mayor Bloomberg is planning to spend $12 million for an ad campaign meant to pressure senators on gun control, administration sources said.
The national campaign kicks off tomorrow and targets states whose senators are on the fence, the sources said.
The TV ads will be aired in 13 states and push for universal background checks for gun buyers.
“These next two weeks during the congressional recess are critical,” said Deputy Mayor Howard Wolfson. “It’s important for senators to hear from their constituents before they vote.”
The ads, which will be put out through Bloomberg’s Mayors Against Illegal Guns coalition, feature a flannel-clad man sitting on the back of a pickup truck, cradling a shotgun while children play in the background.
“I believe in the Second Amendment, and I’ll fight to protect it. But with rights come responsibilities,” he says. “That’s why I support comprehensive background checks.”
The mayor has increasingly attacked the National Rifle Association and pushed for more stringent gun-control laws.
One of Bloomberg’s political action committees also helped end the campaign of an Illinois state senator after it released a string of attack ads over her past stance on gun control.
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Bloomberg group launches ad buy to pressure lawmakers as gun control push falters
By Unnamed Author(s) — Sunday, March 24th, 2013 ‘Fox News.Com’
As the push for strict gun control measures falters in the Senate, New York City Mayor Michael Bloomberg is planning to spend $12 million on a television ad campaign meant to pressure senators into backing new firearms legislation.
The national campaign from Mayors Against Illegal Guns will target states whose senators are on the fence, according to the New York Post. Part of the purpose of the buy will be to rally support for comprehensive background checks.
Senate Majority Leader Harry Reid plans to include a background check provision in a gun control package he's preparing for the Senate floor. However, Republicans have so far been reluctant to back universal checks. Reid's office is leaving the door open for substituting the Democrat-backed measure with a compromise proposal, should one emerge.
At the same time, Reid announced this past week that a renewed ban on assault weapons and high-capacity magazines would not be in the main bill, though it would be voted on as an amendment.
Amid these hurdles, Bloomberg announced the ad buy Saturday.
"These ads bring the voices of Americans -- who overwhelmingly support comprehensive and enforceable background checks -- into the discussion to move senators to immediately take action to prevent gun violence," Bloomberg said in a statement issued by the group he co-founded in 2006.
The two ads posted on the group's website, called "Responsible" and "Family," show a gun owner holding a rifle while sitting on the back of a pickup truck.
In one ad, the man says he'll defend the Second Amendment but adds "with rights come responsibilities." The ad then urges viewers to tell Congress to support background checks.
In the other ad, the man, a hunter, is shown with the rifle and children playing in the background.
"I believe in the Second Amendment, and I'll fight to protect it. But with rights come responsibilities," he says. "That's why I support comprehensive background checks."
The Senate is scheduled to debate federal gun control legislation next month. On March 28, the group plans for more than 100 events nationwide in support of passing gun control legislation that includes background checks.
Mayors Against Illegal Guns and other gun-control advocates frequently cite a mid-1990s study that suggests about 40 percent of U.S. gun transfers were conducted by private sellers not subject to federal background checks. Based on 2011 FBI data, the group estimates 6.6 million firearms transfers are made without a background check for the receiver.
A spokesman for Bloomberg could not immediately say if the $12 million was coming from Bloomberg or the mayor's political action committee, Independence USA. The New York Times, which first reported the ad campaign Saturday night, said Bloomberg was bankrolling the ad buy.
A spokesman for the National Rifle Association blasted Bloomberg and the new ads, saying NRA members and supporters would be calling senators directly and urging them to vote against proposed gun control legislation.
"What Michael Bloomberg is trying to do is ... intimidate senators into not listening to constituents and instead pledge their allegiance to him and his money," said spokesman Andrew Arulanandam.
Bloomberg has long supported efforts to curb gun violence, including sending New York City undercover investigators into other states to conduct straw purchases from dealers. Last month, Bloomberg's PAC poured more than $2 million into ads supporting Illinois state Rep. Robin Kelly, who won a special primary and ran partly on a platform of supporting tougher gun restrictions.
The new ads will air in 13 states the group believes are divided on gun control: Arkansas, Arizona, Georgia, Indiana, Iowa, Louisiana, Maine, New Hampshire, Nevada, North Carolina, North Dakota, Ohio and Pennsylvania.
The ad campaign begins on Monday, sources told the New York Post.
The Senate is scheduled to debate federal gun control legislation next month after returning from the Easter Recess, which lasts from March 25 through April 5. On March 28, the group plans for more than 100 events nationwide in support of passing gun control legislation that includes background checks.
The Associated Press contributed to this report.
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For The First Time, The NRA Is Up Against An Adversary With Millions Of Dollars To Spend
By Brett LoGiurato — Sunday, March 24th, 2013 ‘The Business Insider’ / New York, NY
New York City Mayor Michael Bloomberg's group is launching a $12 million ad campaign aimed at persuading Senators in key states to support gun control measures.
The ads from Mayors Against Illegal Guns, which feature a self-described gun owner holding a rifle while sitting in the back of a pickup truck, push for stricter, universal .
"These ads bring the voices of Americans – who overwhelmingly support comprehensive and enforceable background checks – into the discussion to move senators to immediately take action to prevent gun violence," Bloomberg said in a statement released by the group.
Mayors Against Illegal Guns said it is targeting 15 senators in particular, including some Republicans that would seemingly be out of reach.
Arizona – Senator Jeff Flake (R)
Arkansas – Senator Mark Pryor (D)
Georgia – Senator Saxby Chambliss (R) and Senator Johnny Isakson (R)
Indiana – Senator Joe Donnelly (D) and Senator Dan Coats (R)
Iowa – Senator Chuck Grassley (R)
Louisiana – Senator Mary Landrieu (D)
Maine – Senator Susan Collins (R)
New Hampshire – Senator Kelly Ayotte (R)
Nevada – Senator Dean Heller (R)
North Carolina – Senator Kay Hagan (D)
North Dakota – Senator Heidi Heitkamp (D)
Ohio – Senator Rob Portman (R)
Pennsylvania – Senator Pat Toomey (R)
The $12 million campaign will likely be split between Mayors Against Illegal Guns and Bloomberg's Super PAC, Independence USA. The ads will begin airing Monday, the group said.
Senate Majority Leader Harry Reid said last week that any gun control package brought to the Senate floor must include a universal background check provision, something that Republicans have been reluctant to support but is consistently favored by between 80 and 90 percent of Americans in public opinion polls.
For that reason, Bloomberg said he thinks there will be a "price to pay" for politicians voting against background checks.
"I think I have a responsibility, and I think you and all of your viewers have responsibilities, to try and make this country safer for our families and for each other," Bloomberg said Sunday on "Meet the Press."
"And if I can do that by spending some money and taking the NRA from being the only voice to being one of the voices, so the public can really understand the issues, then I think my money would be well spent. And I think I have an obligation to do that."
Last month, Bloomberg and his PAC spilled more $2 million into ads supporting Illinois state Rep. Robin Kelly in a special Democratic primary for Congress, targeting her opponent's history of NRA support. Kelly's victory was seen as a win for Bloomberg's efforts.
Here are the group's two new ads:
http://www.youtube.com/watch?feature=player_embedded&v=TCKsweDO4qQ
http://www.youtube.com/watch?feature=player_embedded&v=tgQlIXvrMLU
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What Microsoft Provides Law Enforcement: Not A Lot of Content
By Fahmida Y. Rashid — Saturday, March 23rd, 2013 ‘PC Magazine’
Microsoft this week joined the likes of Twitter and Google to disclose how many law enforcement requests it receives for user data and how many it fulfills. The key takeaway? It's less than we thought.
As PCMag.com reported earlier this week, Microsoft received 75,378 requests for user data in 2012 from U.S. and foreign governments, and fulfilled a little over 80 percent of the requests, Microsoft said in its first ever law enforcement report released Thursday. This figure includes queries law enforcement made regarding users of various Microsoft services, including Hotmail, Outlook.com, Sky Drive, Skype, Microsoft Account, Office 365, and Xbox Live.
While 80 percent sounds a lot, consider that Google received 42,327 requests from both U.S. and foreign governments, and complied with nearly 90 percent of the requests.
"Like every company we are obligated to comply with legally binding requests from law enforcement, and we respect and appreciate the role that law enforcement personnel play in so many countries to protect the public’s safety," Microsoft's general counsel, Brad Smith, wrote on Microsoft on the Issues, the company's public policy blog.
The requests potentially impacted 137,424 accounts, but when considered against the total user base, it appears that "less than 0.02 percent of active users were affected," said Smith.
Interestingly, the bulk of requests came from foreign governments, with just a mere 11,073 requests from the U.S. government. Microsoft is an international company with operations in more than 100 countries, making it easier for law enforcement authorities and courts to requests user data from local Microsoft offices, the company said in an FAQ accompanying the report. Even so, Microsoft complies with requests from only 46 counties where it has "the ability to validate the lawfulness of the request," Microsoft said.
What Law Enforcement Didn't Get
Of the 75,378 requests, 4,713 were specific to Skype and impacted 15,409 users. Microsoft provided Skype data separately because Skype data was still in the process of being integrated with Microsoft data post-2011-acquisition. It turns out that law enforcement never received any content data, such as the information during the calls and instant messages sent over the service.
Skype's peer-to-peer architecture means the company does not store calls and has no historic access to previous conversations, Microsoft said. Instead, Microsoft provided "guidance" to law enforcement in the form of Skype ID, usernames, email accounts, and billing records, for 501 cases.
The Skype figures may surprise privacy experts who have been concerned about law enforcement eavesdropping on Skype calls. Skype in the past refused to address questions about the possibility of wiretapping users.
Even so, Chris Soghoian, a privacy expert now with the American Civil Liberties Union, still has some reservations. "Microsoft's response on Skype is carefully worded," Soghoian posted on Twitter. The way the report is currently phrased, if Skype leaked cryptography keys to help authorities decrypt intercepted Skype communications, that would not be considered as release of content, he said.
Microsoft also rejected requests for data in 18 percent of requests for non-Skype data, because it was unable to find information on the requested individual, or because law enforcement was unable to demonstrate proper legal justification for demanding the data, according to the report.
"For example we may reject it if it is not signed or appropriately authorized, contains the wrong dates, is not properly addressed, contains material mistakes or if it is overly broad," Microsoft said.
Since Skype didn't track this information, there is no way to tell how many requests for Skype data were refused, Smith said. Going forward, Microsoft will track this data for Skype as well.
National Security Letters
Microsoft also included information about national security letters in this report. The U.S. government requested data such as name, address, length of service, and local and long distance toll billing records of between 11,000 and 14,996 of its users from 2009 to 2012. The information was deemed "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities."
As SecurityWatch noted earlier this month, a federal judge ruled that the government can no longer use national security letters because the accompanying gag orders were unconstitutional. The government is currently appealing that ruling.
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Pittsburgh, Pennsylvania
Plea from former Pittsburgh police chief Nate Harper could quicken his trial
By Rich Lord — Sunday, March 24th, 2013 ‘The Pittsburgh Post Gazette’ / Pittsburgh, PA
Former Pittsburgh police Chief Nate Harper was indicted Friday for "the worst kind of public corruption," said U.S. Attorney David J. Hickton -- the theft of money "that belongs to the taxpayers," for his personal use.
The shocking reality of the charges, after weeks of speculation around the case, was quickly matched by another surprise: One of his attorneys, Robert Del Greco Jr., said Mr. Harper will plead guilty "to that indictment, without modification. ... The evidence is overwhelming and unambiguous."
Mr. Harper was indicted by a federal grand jury on one count of conspiracy to use public funds for personal use and four counts of failing to file federal income tax returns (for 2008 through 2011). Prosecutors said Mr. Harper and other unnamed individuals diverted more than $70,000 meant for the city of Pittsburgh to accounts at a credit union and tapped it with debit cards. The former chief spent more than $30,000 on personal items.
At his arraignment Friday, Mr. Harper did plead not guilty, the customary plea at this stage. But at a news conference an hour after the indictment, Mr. Del Greco said, "I would expect that relatively soon we would put in for a change of plea and get on someone's docket to enter a guilty plea."
What are the next steps in Mr. Harper's case?
A guilty plea would start a process that can be over in as little as five months.
U.S. Magistrate Judge Robert C. Mitchell set a May 6 deadline for pretrial motions. Such deadlines are routinely pushed back in federal court, but a quick guilty plea could make that unnecessary.
In mid-November, for instance, another former city employee, Christine Kebr, was charged by a criminal information with conspiracy. Within three weeks, she had pleaded guilty, confirming to a judge that she took $6,000 in bribes to help steer a city contract to an Esplen firm called Alpha Outfitters. She is scheduled to be sentenced April 4.
If Mr. Harper pleads guilty, he'll likely go through a pretrial evaluation aimed at determining whether he has any prior criminal history -- and all indications are that he does not -- and what sentence is suggested by federal guidelines.
For financial crimes, the guidelines depend heavily on the amount of ill-gotten gains. Mr. Harper's attorneys estimated the guidelines at 10 to 16 months in prison. A judge can pronounce a sentence that varies from the guidelines, and the former chief's attorneys said they will ask for house arrest.
"He will end up a convicted felon," Mr. Del Greco said. "He will probably work in a job that is certainly not law enforcement, probably less than what he's qualified for.
"Hopefully, Nate will survive this. We're sure he'll survive it. But it's a great sting to him."
A wildcard: whether the ongoing investigation brings other charges against Mr. Harper or others. Defendants who cooperate with federal investigators are sometimes rewarded with motions that can cut their sentences roughly in half.
The indictment against Mr. Harper said he diverted money collected from private businesses that hired off-duty city officers as security guards. All of the money should have gone directly to city accounts and flowed to the officers. But some checks were shifted into an unauthorized account at the Greater Pittsburgh Police Federal Credit Union.
The indictment found that the chief "did conspire ... with individuals known and unknown to the grand jury" to commit theft. Mr. Hickton refused to say anything about who those individuals may or may not be.
Mr. Hickton said charges in relation to the Alpha Outfitters contract "are going to be the subject of further discussions."
Federal prosecutors have said Alpha Outfitters was controlled by Art Bedway, a Robinson entrepreneur and former friend of Mr. Harper. They have said a meeting regarding the contract -- and involving Mr. Bedway, Ms. Kebr and an unnamed person -- occurred at the Carnegie office of Victory Security Agency Inc. That company later employed Mr. Harper's wife, Cynthia.
Mr. Harper has said he didn't attend the meetings, and didn't get money from Mr. Bedway.
The city paid Alpha Outfitters around $330,000 to install and maintain police car radios and computers.
"We are committed to follow the evidence wherever it leads us," Mr. Hickton said.
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Mike Bosak
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