NYPD's new top chief: I got frisked ... and 'I didn't like it' (The New York Daily News) and Other Saturday, March 30th, 2013 NYC Police Related News Articles

 

Saturday, March 30th, 2013 — Good Afternoon, Stay Safe

 

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NOTE:  There will be no newsletter tomorrow; it will resume on Monday.  A Happy and Healthy Easter to each and all.  - Mike

 

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New Chief of Department Philip Banks III

 

NYPD's new top chief:  I got frisked ...and 'I didn't like it' 
Chief frisked in youth:  Cops must show respect

By Rocco Parascandola — Saturday, March 30th, 2013 ‘The New York Daily News’

 

 

The NYPD cop who will coordinate the department’s crime-fighting strategy revealed Friday that he was stopped and questioned by police during a visit to his Brooklyn home during a college break.

 

“I didn’t like it,” the NYPD’s new Chief of Department Philip Banks 3rd told the Daily News during an exclusive interview.

 

The memory of being mistreated by police has influenced Banks’ thinking on policing, but it has not kept him from endorsing the NYPD’s controversial practice of stopping and frisking people acting suspiciously in a citywide effort to take guns off the street.

 

“I certainly believe that stop, question and frisk is an effective strategy when it’s done correctly,” Banks said after his formal appointment to the position Thursday.

 

Banks, 50, who was born in Crown Heights, Brooklyn, said the stop took place when he was home from college in the early 1980s and was visiting the block he used to live on. The graduate of Lincoln College, a historically black school in Pennsylvania, said he and some friends were in front of a building that had recently been the scene of drug dealing when three cops approached.

 

Two of the cops were “fine and professional and one was not,” Banks said.

 

“I was fine with the stop. I mean I didn’t like, of course, to be stopped,” Banks said. “It was just a disrespect that me and my college friends were shown. It was what was said.”

 

His experience, the 26-year veteran said, mirrors most of the complaints he has heard from minorities during his career.

 

Banks worked his way up the NYPD ranks before being named to replace Chief Joseph Esposito, who retired Wednesday after 44 years with the department. Banks most recently ran the Community Affairs Bureau and before that was the commanding officer of Manhattan North, which spans 12 police precincts.

 

He said the notion of police relations with a community is a two-way street, with citizens as wedded to that social contract as police officer — and also obligated to do the right thing.

 

He recalled a pastor’s response to a group of young men complaining about being stopped, questioned and sometimes frisked whenever they hang out in front of a particular building.

 

“You know that’s a corner that they sell drugs on,” the pastor said. “So, why don’t you go to another corner?”

 

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NYPD Chief of Department Philip Banks III: I was stopped and frisked as a youth

New NYPD brass’ stop-and-frisk story

By KIRSTAN CONLEY — Saturday, March 30th, 2013 ‘The New York Post’

 

 

The NYPD’s new chief of department was stopped and frisked growing up in Brooklyn — but he’s still in favor of the controversial police tactic.

 

“I didn’t like it. I didn’t like it. I didn’t like what the officer said to me. But when he stopped me — in retrospect — he had the right to stop me,” Philip Banks III told The Post yesterday.

 

“I’ve been stopped a few items when I was a youth.”

 

But the 26-year NYPD veteran — who is the force’s highest-ranking black cop and was promoted Wednesday — reiterated that he believes the stop-and-frisk policy is an effective tool.

 

“I do believe that, when done correctly, stop-and-frisk will achieve the desired results — and those results are less people being shot,” he said.

 

“When done incorrectly, you certainly put a divide between the police and the community.”

 

Roughly 90 percent of stop-and-frisks are performed on black or Hispanic people. Cops stopped 533,042 people last year.

 

Philip Banks Jr., the new chief’s dad — a retired 27-year NYPD veteran — taught his children what to do if stopped by cops.

 

“I instructed them how to respond by saying, ‘This is where I’m going, this is where I started, and this what I’m doing,’ ” he said. “A lot of times in our communities, police officers can’t tell a good guy from a bad guy. You have to be aware of things.”

 

He said that his sons wanted to wear trendy clothes growing up but that he told them, “Dressing like that is going to cause you to be stopped at some point because there’s nothing on your forehead that says you’re a good guy.”

 

Banks started out patrolling the 81st Precinct in Bedford-Stuyvesant in the crime-ridden ’80s.

 

“In Brooklyn North, the overwhelming majority of the time — especially years ago, when crime and violence was at its height — you’re going to always have those harrowing situations,” he said.

 

He has since held a series of lofty posts, including commanding officer of Patrol Borough Manhattan North and the 79th, 81st and Central Park precincts.

 

Banks fell in line when asked whether he agreed with the City Council’s proposal to install an inspector general to monitor the NYPD. Both Police Commissioner Ray Kelly and Mayor Bloomberg have blasted the plan.

 

“I don’t think that an inspector general is warranted. I’m not sure what results it would produce,” Banks said.

 

He would like to continue to build ties with the community.

 

“It’s something that police officers and people in the community have to realize — that it’s not two separate entities, it’s actually joined in one, and what could be achieved when the community thinks of themselves as police and the police think of themselves as the community,” he said.

 

He didn’t say whether he wanted his current boss to stay on for the next administration.

 

“I have not thought about Commissioner Kelly being here at all. That’s not my job to do,” he said.

 

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New Police Chief Confident He Can Handle Job

By WENDY RUDERMAN — Saturday, March 30th, 2013 ‘The New York Times’

 

 

The first question was simple: What made you want to become a police officer?

 

The reply from Philip Banks III, the newly minted chief of the Police Department, was unexpected, if only for its own simplicity. “I don’t know. Not sure,” he said.

 

During a 30-minute interview at Police Headquarters on Friday, Chief Banks came off as a no-nonsense and self-assured leader.

 

“It’s a big seat. It’s a big chair,” Chief Banks said. “I’m 100 percent confident that I can handle the assignment.”

 

Over the next few days, the four-star chief will move his belongings from his street-level office inside the Community Affairs Bureau to his new office on the 13th Floor. Chief Banks, who will earn a $201,096 yearly salary, takes the helm as the force’s highest-ranking uniformed officer – top among roughly 34,500 peers – at a time when the Police Department has come under scrutiny for its aggressive use of the stop, question and frisk tactic.

 

As the father of three children – sons, 24 and 15, and a daughter, 20 – Chief Banks said he has talked to them about what to do if stopped by an officer.

 

“I tell them to always be very cautious about what you are doing out on a particular street, carry yourself like you were raised correctly,” he said. “They know specifically to listen to what the officer is telling them and to be very respectful.” None of his children have been stopped by the police, he added.

 

Chief Banks, 50, who lives in the St. Albans section of Queens, said a mutual respect between officers and residents is integral to fighting crime. In fact, when he served as a precinct commander in the Brooklyn neighborhood of Bedford-Stuyvesant, his officers were well aware of a “pet peeve”: failing to immediately address someone who had walked into the station house, he said.

 

“The one thing I’m most proud of is, when a person walked into a particular precinct, the amount of time and the amount of respect that they were shown,” Chief Banks said. “So we had a thing – everybody stop, and we are going to take five minutes to make sure that person feels as though they’re the most special person in the world.”

 

In his new role, Chief Banks said he would strive to empower people in the community and work with them to further reduce crime.

 

“You can’t be a crime fighter without being able to listen to people in the community,” he said.

 

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NYPD chief stresses role of community

By COLLEEN LONG  (The Associated Press)  — Friday, March 29th , 2013;  10:42 p.m. EDT

 

 

NEW YORK — The new highest-ranking uniformed officer at the New York Police Department said Friday the community must work together with police to keep the city safe.

 

Philip Banks III was named the chief of department this week, replacing Joseph Esposito, who retired after more than a decade in the post. Banks was previously in charge of community affairs, and said his years there have helped him understand the city and its needs.

 

"We have to keep this city safe. And when I say we, I don't mean just the New York City police department. It's not just an 'us' job. It's everybody in New York City," he said.

 

Banks, 50, whose father was also a police officer, joined the nation's largest police department in July 1986 in Brooklyn and worked his way up the ranks. He takes over as third in command behind Police Commissioner Raymond Kelly and First Deputy Commissioner Rafael Pineiro during a challenging time for the NYPD.

 

Crime is at historic lows, but there has been a steady increase of criticism over some of the department's tactics. An ongoing trial in federal court is challenging the constitutionality of some of the nearly 5 million street stops made by police in the past decade. And last week, City Council Speaker Christine Quinn said broad support had been reached to create an inspector general post following an outcry over street stops, and surveillance of Muslims as revealed in stories by The Associated Press.

 

Banks, who opposes the inspector general idea as does the police commissioner and mayor, said he sees widespread support.

 

"I think by and large that the overwhelming majority of New York City supports the police department," he said.

 

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Top NYPD commander plans for even lower crime rate

By ANTHONY M. DESTEFANO — Saturday, March 30th, 2013  ‘New York Newsday’ / Melville, L.I.

 

 

New York City's homicide and crime rates, already at historic lows, could become "awesome" if the NYPD and local communities work more closely, said the department's new top uniformed commander.

 

"I don't think you can have policing without involving the community," said newly minted chief of department Philip Banks III in an interview with Newsday Friday. "Police [and] communities are not sub-entities, they can't be, and if they are you will never have the results you could have."

 

Refusing to use the label "community policing," which he said is ambiguous, Banks said he plans to engage communities to work closely with police.

 

"The police department has phenomenal outreach, but it is not a one-way street, it is a two-way street . . . sometimes it is the community getting involved," said Banks, 50, who assumed his new job on Thursday. He succeeds Joseph Esposito, who retired. At a time when relations between the police and some in the black and Hispanic communities have been strained because of the controversy over stop-and-frisk, as well as police line of duty shootings, Banks said he plans to help build bridges with neighborhoods. But the NYPD can't do it alone, he stressed.

 

If police can get the cooperation needed from communities, Banks thinks the crime and murder rates will drop well beyond where they are now.

"I am extremely confident the homicide rate, the shooting rate, and crime will go in the right direction," Banks said. "You can have reduction in crime, you can have further reduction in crime; you can have reduction in homicide, you can have a further reduction in homicide . . . I certainly think the results can be awesome."

 

Although the city is barely through the first quarter of 2013, crime statistics suggest it could be on track to have the lowest number of homicides since Dwight D. Eisenhower was president in 1960. Serious crimes also are down 3.1 percent compared to the same period in 2012, a year that represented the bottom of a 20-year cycle.

 

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NYPD's 'Stop, Question and Frisk'

Supervisors In Stop-And-Frisk Trial Deny Quota Pressures

By: Lindsey Christ — Friday, March 29th, 2013; 7:44 p.m. ‘NY 1 News’ / New York

 

 

A federal trial to determine whether or not the New York City Police Department's use of stop, question and frisk is constitutional continued Friday with testimony from three different supervisors, who said there was no pressure from higher-ups to increase the number of stops from a data standpoint. NY1's Lindsey Christ filed the following report.

 

Does pressure to boost statistics cause police to stop, question and frisk people, whether or not there's a real suspicion of a crime?

 

It's a question at the heart of the case in a federal court in Manhattan on the constitutionality of the stop-and-frisk policy.

 

In testimony Friday, three police department supervisors - a sergeant, a former precinct commander and a recently retired chief - all said no.

 

"We are not a police department that wants to do numbers for numbers sake," said Heidi Grossman of the New York City Law Department.

 

The department bosses also all testified that statistics, including the number of stop-and-frisks, are an important part of how they judge crime response.

 

A former borough commander testified that during monthly crime stat meetings with the department chief, they never analyzed or discussed the circumstances that led to the stops.

 

"They're not talking about the quality of those arrests, the quality of those summons, the quality of the 250s," said Jonathan Moore, an attorney for plaintiffs in the case. "They're not discussing in any kind of analytical way whether these are good stops or bad stops. It's about numbers."

 

There were more than 530,000 stop, question and frisk incidents last year, just 6 percent of which led to an arrest. But Chief Raymond Diaz, who retired in 2011, said he had never heard of an officer or supervisor reporting another officer for making an improper stop. His testimony was taken in 2009 and was read in court Friday.

 

The case was brought by attorneys for the Center for Constitutional Rights on behalf of plaintiffs who say they were unlawfully stopped and frisked based on their race. The trial is expected to last several more weeks.

 

Each day this week, advocates rallied outside the courthouse.

 

On Wednesday, it was Muslim New Yorkers.

 

"The NYPD is essentially operating on a premise of guilty until proven innocent," said Fahd Ahmed of Desis Rising Up and Moving.

 

Thursday, it was the gay and lesbian community.

 

"We want accountability," said Mitchyll Mora of Streetwise and Safe. "The NYPD has no accountability."

 

On Friday, it was religious leaders.

 

"We're here to call for a change in that policy, because the price for communities of color is too high a price," said the Rev. Raymond Rivera of the Latino Pastoral Action Center.

 

Meanwhile, on Thursday, a judge ruled that another case, which challenges the stops and arrests of public housing residents, will also be allowed to move forward.

 

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’08 pat-down was justified, sarge testifies
(Sgt. James Kelly)

By BRUCE GOLDING — Saturday, March 30th, 2013 ‘The New York Post’

 

 

An NYPD sergeant yesterday defended a police pat-down at issue in the stop-and-frisk trial, testifying that he suspected the man he searched had been trying to break into a Bronx house.

 

Sgt. James Kelly said he saw David Floyd, now the lead plaintiff challenging the NYPD policy, and another man apparently trying to “forcibly” open a door to the multifamily home in 2008.

 

Kelly said the incident fit a pattern of burglaries in the area, so he and two other cops stopped and frisked the men before determining both lived there and letting them go.

 

The plaintiffs’ lawyer, Darius Charney, has suggested that what Kelly saw didn’t fit the pattern because the break-ins took place a mile away and had ended weeks earlier, but Kelly yesterday insisted he had “100 percent” reasonable suspicion of a crime.

 

“Pattern or not, I would have did the same stop,” he testified in Manhattan federal court.

 

Kelly also said Floyd was holding a key chain that could have been considered a burglar’s tool.

 

When asked why that wasn’t listed on a stop-and-frisk report filed by then-cop Cormac Joyce, Kelly — who signed off on the report as Joyce’s supervisor — said, “I’m not going to tell him to write what I think he saw.”

 

Floyd, now attending medical school in Cuba, testified earlier that he was helping a tenant who was locked out of the basement apartment.

 

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NYPD's 'Stop And Frisk' Policy Angers LGBT Advocacy Groups

By Glennisha Morgan — Friday, March 29th, 2013; 5:26 p.m. ‘The Huffington Post’ / New York, NY

 

 

A number of lesbian, gay, bisexual and transgender (LGBT) advocacy groups sounded off on allegations that people of color were being targeted by the New York Police Department's controversial "stop and frisk" policy, the Center For Constitutional Rights is reporting.

 

New York City Anti-Violence Project, the Audre Lorde Project, FIERCE, Make the Road NY and Streetwise & Safe were inside of the courtroom where the federal lawsuit Floyd vs. City of New York was being heard.

 

A member of FIERCE spoke personally about how transgender and queer people are affected by stop and frisk and are often profiled with the assumption of being a sex worker.

 

"The reality of our lives as queer and transfolk of color speaks truth to the fact that we are excluded from the 'us' we speak of and the NYPD has no interest in serving and protecting our communities," the member, who was not identified in the video, said. "It excludes us when trans bodies cannot walk down Christopher Street without being profiled for being sex-workers because they have a condom in their pocket; when a group of queer people of color standing on a corner is easily mistaken for being a gang; when black and brown bodies are viewed as violent just because of the color of our skin; when we see and hear about our people being killed due to state violence ... The NYPD has used their power to try and erase us, to keep us silent and to keep our stories from being talked about and heard."

 

CCR Education and Outreach Director Annette Dickerson also recently published a blog in regards to LGBT youth, poor people, Arab and South Asian people and Muslims being amongst those who are heavily affected by stop and frisk.

 

"And it is often at the intersection of communities that the oppression of stop and frisk is most felt. Last year the Center for Constitutional Rights documented the experiences of various New York communities at the hands of the police, including LGBT communities," she wrote.

 

In recent news, lawyers behind the suit may present one of the few known recordings of "Stop, Question and Frisk." A 15-year-old Latino boy secretly made the recording while being stopped and frisked in Harlem back in 2011. Activists are saying that the recording has potential to become a key piece of evidence in the widely debated suit.

 

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Christine Quinn Prepared to Push for Independent Inspector General to Gain Mayorship

 

With Policy Moves, Quinn Defuses de Blasio’s Attacks in Race for Mayor

By MICHAEL M. GRYNBAUM and MICHAEL BARBARO — Saturday, March 30th, 2013 ‘The New York Times’

(Edited for brevity and NYPD pertinence) 

 

 

He has hammered her over the surging level of fines against small businesses and chided her for not demanding greater oversight of New York’s police.

 

At times, the mayoral campaign of Bill de Blasio, the public advocate, has seemed like a crusade to shame Christine C. Quinn, a rival in the Democratic primary for mayor, into adopting the most cherished positions of their party’s liberal wing.

 

Over the past several weeks, amid criticism from Mr. de Blasio, Ms. Quinn has introduced legislation to create a police inspector general and to reduce fines levied on street vendors, seemingly timing her announcements for maximum political effect: her office unveiled the street vendor bill minutes before Mr. de Blasio was to assail her at a news conference at City Hall on the same subject.

 

As effective as Ms. Quinn’s tactics can be, she runs the risk of appearing more pragmatic than principled, leading some critics to question what, precisely, she stands for.

 

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New NYPD Chief Opposes Independent Monitor

By Tamer El-Ghobashy — Saturday, March 30th, 2013 ‘The Wall Street Journal’ / New York, NY

 

 

The New York Police Department’s new chief has waded tentatively into the debate over the creation of an independent monitor for the agency, saying on Friday he does not see an inspector general as being effective or necessary.

 

In an interview with The Wall Street Journal, Philip Banks III also reiterated his defense of the NYPD’s practice of stop and frisk but expressed a desire to repair some of the rifts between the department and the communities it polices over such policies.

 

Banks’ comments on the creation of an inspector general to scrutinize NYPD practices fall into line with Mayor Michael Bloomberg and Police Commissioner Raymond Kelly’s position. Both have said the outside monitor would make the city less safe, and Bloomberg has vowed to veto any bill in the City Council calling for the creation of the supervisor.

 

“I don’t know what positive will be achieved,” Banks said of a potential independent monitor. “I think there’s a lot of oversight of the Police Department. I’m not so sure I see what the benefit would be.”

 

Banks, 50 years old, was formally promoted to the position of highest ranking uniformed officer in the department on Thursday and replaces the hugely popular Joseph Esposito as the man responsible for executing Kelly’s policies.

 

Esposito was forced to retire because he reached the mandatory retirement age of 63 years old. He had served as chief of department for a record 12 years. Banks was elevated from his role as chief of community affairs.

 

He is a 26-year-veteran of the NYPD and said he is confident in his abilities to “keep the crime and violence going in the right direction, which is the elimination of it.”

 

To that end, Banks said he believes the police and citizens play equal parts. While his years in community affairs inform that belief, Banks said he had always embraced a strategy of community policing since his days as a patrolman.

 

“I never looked at the two as separate entities,” he said. “I don’t think you can be an effective police officer unless you realize police and community relations are intertwined. …We can spend all day talking about our differences, which are very, very minor or we can spend a lot more time talking about our similarities. That’s how I’m going to lead.”

 

Banks ascends to his new role at a time when the department has been credited with historic drops in crime, while being the subject of lawsuits and community opposition to the very tools it cites as the reason for the falling crime rate. In particular, stop and frisk has been the subject of numerous lawsuits and street protests.

 

“It’s an issue in the Mayor’s race, it’ll be an issue until the end. I understand it,” he said. “I’ve said before, when it’s done correctly it brings about the desired results, if it’s not done correctly, there’s other things that could happen. I think we do it right.”

 

Still, he said, improvements can be made to the divisive practice.

 

“We’ve put some more oversight into it. That’s something we need to do every single day,” Banks said. “We’re heading in the right direction in regards to that.”

 

With only one day on the job, Banks said he has not fully formed what his immediate challenges will be and what reforms, if any, he would like to recommend.

 

But his first order of business is clear. As community affairs boss, he was responsible for about 300 uniformed officers and 5,000 school safety agents. As chief of department, he will be commander of more than 35,000 officers and must win their confidence in the wake of Esposito, who enjoyed a near mythical status among the rank and file.

 

Banks said the role of chief has not left him “light headed or falling over.”

 

“I was very happy that the commissioner had the confidence in me to do that job,” he said. “I certainly have the confidence in myself.”

 

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New NYPD chief opposes creating inspector general

By KIRSTAN CONLEY — Saturday, March 30th, 2013 ‘The New York Post’

 

 

The NYPD’s newly minted top-ranking uniformed cop was stopped and frisked growing up — but he’s still in favor of the controversial policing tactic.

 

“I didn’t like it. I didn’t like it. I didn’t like what the officer said to me when he stopped me. In retrospect, he had the right to stop me,” Philip Banks III told The Post today. “I’ve been stopped a few items when I was a youth.”

 

But Banks — the department’s highest-ranking black cop — reiterated that the policy is still an effective tool.

 

“I do believe that when done correctly, stop and frisk will achieve the desired results — and those results are less people being shot,” he said.

 

“Certainly when done incorrectly, you certainly put a divide between the police and the community.”

 

Roughly 90 percent of stop-and-frisks are performed on black or Hispanic people. Cops stopped 533,042 people last year.

 

Banks started out on patrol in the 81st Precinct in Bedford-Stuyvesant during the crime-ridden 1980s.

 

“In Brooklyn North, the overwhelming majority of the time — especially years ago when crime and violence was at its height — you’re going to always have those harrowing situations,” he said.

 

He’s since held a series of commands in the department — including commanding officer of Patrol Borough Manhattan North, and the 79th, 81st and Central Park precincts.

 

Banks toed the department line when asked if he agreed with the City Council’s proposal to create another agency to monitor the NYPD. Both Kelly and Mayor Bloomberg have blasted the City Council’s plan to create an inspector general for the department.

 

“I don’t think that an inspector general is warranted. I’m not sure what results it would produce,” Banks said. “So, from where I sit now, I certainly don’t see the need for it.”

 

Banks wants to continue to build ties with the community.

 

“It’s something that police officers and people in the community have to realize — that it’s not two separate entities,” he said. “It’s actually joined in one and what could be achieved when the community thinks of themselves as police and the police think of themselves as the community.”

 

He didn’t say that he wanted his current boss to stay on during the next administration.

 

“I have not thought about Commissioner Kelly being here at all. That’s not my job to do,” he said.

 

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“Gang Initiation Day”    Widespread Wilding Expected

 

NYPD Plans to Flood Times Square as Easter Sunday Gang Wilding Feared

By Murray Weiss — Friday, March 29th, 2013  ‘DNAinfo.Com News’ / Manhattan

 

 

NEW YORK — The NYPD will flood Times Square and Midtown with extra cops on Easter Sunday to prevent any violence that's historically followed the Javits Center's car show, DNAinfo.com New York has learned.

 

In recent years, marauding teens took to the streets following the show in what the mayor called a gang "wilding" that's seen dozens of arrests.

 

In 2010, more than 50 people were arrested as youths stormed businesses, harassed throngs of pedestrians and shot four people in separate acts of violence.

 

“The top item on our plate this weekend is the car show,” a high-ranking cop told “On The Inside.”

 

“There will be hundreds of extra officers on duty, particularly from 7 p.m. to 9 p.m. when the car show lets out.”

 

“We are not going to have any repeat of the past,” he added.

 

The Easter Day car show has become an unofficial “Gang Initiation Day” among the city’s crews, which challenge new recruits to gather and create mayhem to earn their way into the respective loose-knit groups.

 

The youths, often sporting their gang colors, have historically gathered at the auto show before heading off in packs to Times Square. Using Twitter and other social media, the teens tell each other where to meet following the event.

 

And sources say even executives involved in the show avoid the Midtown area. Many are forsaking the neighborhood altogether, staying at hotels in Downtown Brooklyn rather than near the Javits or Times Square.

 

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NYPD Braces for Possible Easter Sunday Gang Violence

By IDA SIEGAL — Saturday, March 30th, 2013 ‘NBC News’ / New York, NY

 

 

The NYPD is again planning to beef up patrols in Times Square and Midtown the night of Easter Sunday, a day that in recent years has seen violence as part of a yearly gang initiation ritual following the Javits Center car show.

 

Police say the Easter Day "wilding" started years ago but became especially violent in 2010, when hundreds of gang members attended the annual auto show at the Javits Center, then conducted gang initiations in Times Square.

 

Two women were shot during the sprawling brawl, two other people were wounded and several police officers injured. More than 50 people were arrested.

 

Since then, police have beefed up Easter patrols and monitored activity at the car show. The Daily News reports the NYPD is also monitoring social media to look for gang members who may be planning a "mobbing" through Times Square.

 

There have not been any gang incidents on Easter since 2010, and the NYPD is looking to keep it that way.

 

"For me, it's a religious holiday and it should be respected," said Michael Hoard in Times Square Friday night.

 

The police "are here to protect us, that's the bottom line," said Al Centrella of Hempstead, who was in the area with his wife to see a show.

 

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Cops troll social media seeking plans for 'wilding' mob in Times Square on Easter
As part of an annual ritual, gangbangers attend the Auto Show at the Javits Center then cause havoc in Times Square. In 2010, three people were shot and 54 arrested in conjunction with the 'wilding' coined by Mayor Bloomberg.

By Joe Kemp — Saturday, March 30th, 2013 ‘The New York Daily News’

 

 

The NYPD is trolling Facebook, Twitter and other social media sites looking for gangbangers planning a “mobbing” through Times Square Sunday night, police sources said.

 

It’s all part of an annual ritual in which Bloods, Crips and other gang members attend the Auto Show at the Javits Center on Easter Sunday, then go looking for trouble in Times Square.

 

Police have kept a lid on problems the past two years.

 

But in 2010, three people were shot in the area and 54 were arrested in a spree of violence that Mayor Bloomberg called “wilding,” evoking a term from the high-crime era of the late 1980s.

 

The NYPD’s Juvenile Justice Unit, headed by Assistant Commissioner Kevin O’Connor, is spearheading the search for online clues.

 

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NYC will continue search for 9/11 remains next week

By ANTHONY M. DESTEFANO — Saturday, March 30th, 2013  ‘New York Newsday’ / Melville, L.I.

 

 

New York City officials said Friday that they will begin sifting nearly 600 cubic yards of material found at the World Trade Center construction site next week in the continuing search for human remains from the Sept. 11, 2001, terror attacks.

 

The sifting operation will begin April 1 at the Fresh Kills park area on Staten Island. It is expected to take about 10 weeks as police, fire and other personnel examine material found at several areas in and around the construction area, according to a City Hall memo released Friday. Mobile sifting machinery will be used, the memo said.

 

A spokeswoman for the city medical examiner's office said the material was identified as meriting further examination in the search for "potential human remains." Some of the material was found after the completion of the demolition of the former Deutsche Bank building, officials said.

 

Since 2006, the remains of 34 additional victims of the terror attacks have been identified, mostly from DNA analysis. The total number of identifications of victims from the trade center site is currently 1,634, which represents about 59 percent of the 2,753 people reported missing in the terror attacks.

 

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Kamikaze Psycho Rams 81 Precinct Van in Station House Parking Lot; Attempts to Kill Himself

 

Motorist believed to be brother of NYPD cop shoots himself in head moments before car crashed into police van outside 81st Precinct stationhouse in Brooklyn
Police sources said 33-year-old Anthony Alexander's sister works at another and that he was headed to the station because his girlfriend had just called and filed domestic violence charges against him.

By Rocco Parascandola AND Joe Kemp — Saturday, March 30th, 2013 ‘The New York Daily News’

 

 

A distraught motorist shot himself in the head after trying to slam his car into a Brooklyn police stationhouse Friday, sources said.

 

Cops at the 81st Precinct stationhouse in Bedford- Stuyvesant said they had just been warned that 33-year-old Anthony Alexander — who sources at the scene said is the brother of an NYPD cop from another precinct — was on his way over after learning his girlfriend had filed domestic abuse charges against him.

 

“(The girlfriend) had just called to say he was coming,” one police source said. “While she was on the phone, he drove in.”

 

Alexander’s Lexus RX350 sped into the stationhouse lot on Ralph Ave. about 3 p.m., narrowly missing three cops, sources said.

 

“They (the cops) had to jump out of the way,” a police source said. “Only he knows (if he was trying to hit them).”

 

A relative of the 33-year-old’s girlfriend confirmed that the gunman’s sister is a police officer, but said his sibling is not stationed at the 81st Precinct.

 

Sources and family members said the gunman’s girlfriend called police on him after a dispute, and claimed that he had abused her.

 

“There’s an order of protection involved,” a police source said.

 

When cops from the 81st Precinct conducted a follow-up visit Friday morning, Alexander called his girlfriend and said he was going to go to the 81st Precinct and kill himself, according to police sources, who say an NYPD sibling has nothing to do with the suicide attempt.

 

“It has no relevance to the fact that he allegedly committed a domestic violence incident in the 81st Precinct,” a law enforcement source said.

 

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Brooklyn ex-con in domestic violence probe smashes car in police station, shoots himself
Distraught man rams precinct, shoots self

By KATE KOWSH, JAMIE SCHRAM and BILL SANDERSON — Saturday, March 30th, 2013 ‘The New York Post’

 

 

Mayhem erupted at a Brooklyn police station yesterday when an ex-con — whose sister is a cop — smashed his car into a police vehicle and then tried to blow his brains out because he was distraught over an alleged domestic-violence probe.

 

Anthony Alexander, 32, who served six years in prison for robbery, zoomed his Lexus SUV into the parking lot of the 81st Precinct station house in Bedford-Stuyvesant at 3:05 p.m.

 

Startled police officers jumped out of the way as Alexander stepped on the gas and plowed his car into a Police Department- owned Dodge Caravan minivan.

 

Then, as horrified officers looked on, Alexander got out of his car and aimed a 9 mm handgun under his chin and pulled the trigger, said sources.

 

Alexander was rushed to Kings County Hospital, where he was undergoing surgery late yesterday.

 

A police source said Alexander’s sister is an officer, but it’s unclear where she’s stationed.

 

The wild accident sent the police minivan smashing into a support pillar on the precinct building and left the bumper on Alexander’s SUV hanging off to one side.

 

Besides the 9 mm handgun he used to shoot himself, Alexander also had a .22-caliber gun in his car, sources said.

 

Alexander was arrested on March 16 on misdemeanor charges of choking and beating his girlfriend, sources said.

 

His girlfriend, identified by sources as 27-year-old Keisha Darnley, broke off the relationship and had an order of protection against Alexander, the sources said.

 

At around 3:40 a.m. yesterday, police from the 81st Precinct station house responded to a domestic-violence call from Darnley.

 

Hours later, Alexander got wind that there was a police investigation.

 

He called Darnley to say he planned to kill himself at the 81st Precinct, sources said.

 

Darnley then called the precinct to warn police of her ex’s deadly plans.

 

One source said she was on the phone with cops when Alexander zoomed into the parking lot and killed himself.

 

Despite Alexander’s problems — and his conviction for first-degree robbery in the mid-1990s — a woman who identified herself as his cousin said: “He’s really not a bad guy.”

 

“I don’t know what incidents happened between them behind closed doors,” she added of the domestic dispute.

 

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Services for Midtown South Precinct Joseph Pritchard Killed Off-Duty in MVA

Funeral for Joseph Pritchard, NYPD officer killed in LIE crash

By WILLIAM MURPHY — Saturday, March 30th, 2013  ‘New York Newsday’ / Melville, L.I.

 

 

Funeral services were held Friday in Lindenhurst for an off-duty NYPD officer who was killed when his pickup truck, stopped in the right traffic lane of the Long Island Expressway, was struck from behind by a box truck.

 

"We want you to know that your loss is our loss; your pain is our pain," Msgr. Robert J. Romano, the NYPD's deputy chief chaplain, told the family, friends and colleagues of Officer Joseph Pritchard.

 

About 900 people packed into Our Lady of Perpetual Help Roman Catholic Church on Wellwood Avenue for the half-hour service.

 

Uniformed NYPD officers marched on each side of the hearse as it proceeded north on Wellwood, which was closed to other traffic for two blocks south of West Hoffman Avenue. Outside the church, about 500 uniformed officers stood at attention.

 

The hearse carrying Pritchard's body was escorted to the church by a motorcade led by a marked NYPD Highway Unit, and Suffolk County police and NYPD motorcycle officers.

 

Other officers -- many from Pritchard's command, the midtown South Precinct on the west side of Manhattan -- formed an honor guard on the church steps.

 

The service was held on Good Friday, observed as the day Christ died, and the altar had been stripped bare of any ornamentation until Easter Sunday.

 

Pritchard, 30, a North Babylon resident who had been a high-school football star in Lindenhurst, was killed Monday when his 2008 Dodge pickup was struck from behind by a large truck, setting both vehicles on fire. The truck driver was hospitalized for non-life-threatening injuries.

 

Police are continuing to investigate why Pritchard's vehicle was stopped in the road. "A medical issue is certainly a viable concern," said Det. Lt. William Burke of the Suffolk police Second Precinct.

 

Friday's service included hymns, gospel readings and remarks from Romano, who told folksy tales, some referencing his Italian-American upbringing.

 

Burial was at Breslau Cemetery in Lindenhurst.

 

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NYPD, FDNY issue rules for social media. What took them so long?

By Alexa Gorman — Saturday, March 30th, 2013  ‘New York Newsday’ / Melville, L.I.

(Op-Ed / Commentary)

 

 

A New York City Emergency Services worker was exposed as the author of racist posts on Twitter under the name of "Bad Lieutenant." This embarrassment to the city’s Fire Department came just a few days after the son of a top ranking commissioner, Joseph Casino, was also fired for vile speech online.

 

While the FDNY is still drafting obviously much needed social media rules, the New York City Police Department just came out with guidelines and restrictions for employees when using social media sites.

 

It bars workers from identifying themselves by job title and posting photos in official uniform, except those taken at official ceremonies. And it restricts disseminating information obtained on the job. “Do not post images of crime scenes, witness statements or other nonpublic information gained through work as a police officer; do not engage with witnesses, victims or defense lawyers; do not ‘friend’ or ‘follow’ minors encountered on the job.

 

Better late than never. All employers should have specific policies noting what is and is not appropriate to post online. After the West Indian Day Parade in 2011 when multiple officers posted racist comments on a Facebook group called “No More West Indian Day Parade Detail.” Facebook group. According to The New York Times, 60 percent of the group was NYPD officers.

 

The popularity of these sites and the consequences of employee use and abuse of them are not new.

 

And when your salary comes from taxpayer’s pockets and your job is one respected and highly valued by society, you should be held to a higher standard.

 

Another reason to keep from posting is when your comments would reflect poorly on your employer or co-workers. "Bad Lieutenant" made racist and sexist comments against Jews, women and African-Americans. The NYPD officers found responsible for posts after the West Indian Day Parade wrote things like “Welcome to the Liberal NYC Gale, where if the cops sneeze too loud they get investigated for excessive force but the ‘civilians’ can run around like savages and there are no repercussions."

 

The self-dubbed “Bad Lieutenant” broke down into tears when confronted by the New York Post and he realized his mask was being ripped off. Posting online is the same as saying it out loud. And lesson learned, you will be found out.

 

At this point, some are shouting “First Amendment! Free speech!”

 

And there's always a problem in determining where that line is drawn. But if you are identified with an organization, your boss is allowed to put restrictions on what behavior it will tolerate. For those jobs require public confidence and respect, a higher standard should be expected.

 

But these high profile incidents should be a reminder to everyone about what they say and do online. As a member of a sorority on my college’s campus, I see my posts as a reflection of myself and that group.

 

For many, an online persona is the only persona some people will even know. Your profile is your mirror.

 

Are you proud of what’s staring back at you?

 

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New York State

 

New N.Y. gun law's opt-out forms overwhelm clerks
Tens of thousands of New York gun owners want to keep their names out of public records.

By Haley Viccaro (Gannett Albany Bureau) — Saturday, March 30th, 2013 ‘USA Today’

 

 

ALBANY, N.Y. — County clerks around New York say tens of thousands of pistol permit opt-out forms are flooding their offices as a state deadline nears for their completion.

 

But the counties have received no state money for the additional work, they say.

 

A provision in New York's new gun-control law allows state residents to exempt their pistol-permit records from Freedom of Information requests. But permit holders have until May 15 to file forms with their county or risk having their information available to the public.

 

"It started a little slow the first week with a couple of hundred a day, and now we get about 700 to 800 at the most per day," said Westchester County Clerk Tim Idoni. "People realize that the deadline is approaching."

 

Westchester County has received opt-out forms from more than half of its 16,800 residents who have active pistol permits, Idoni said. The provision was included in a state gun-control law in January after The (Westchester County) Journal News, a Gannett publication, released an interactive map the month before of pistol permit holders in Westchester and Rockland counties.

 

The state's new gun-control law also expands an assault-weapons ban, requires registration of guns every five years and limits the number of bullets in a magazine to seven.

 

The counties' gun-permit information will be kept private until May 15 when the opt-out forms take effect. Those who want to complete a form afterward still can, according to the law, but they won't be assured their information will be kept private in the meantime.

 

County clerks say the forms' popularity has office staff working overtime and clerks pulling workers from different divisions to help organize the information. Some clerks said they have started sending the forms to county judges for approval to stay ahead of the process.

 

"Right now we are absolutely overwhelmed, we have lines out the door and our staff are stressed to the max," Monroe County Clerk Cheryl Dinolfo said. "We are treading water and doing what needs to be done to get through the day."

 

Dinolfo said about 1,000 of the county's forms came from new pistol-permit applicants because the law also has spurred a surge in people buying guns. Monroe County, home to the state's third largest city in Rochester, has about 45,000 pistol-permit holders.

 

In most counties, county judges approve or deny the opt-out requests. Then the forms are sent back to clerk's offices where pistol permit holders' status is updated and logged as private.

 

The opt-out form allows a number of reasons a gun owner can seek to have information kept private. Among them: being a law-enforcement official or a victim of domestic violence, having a safety fear after grand jury service, or being concerned about harassment.

 

"The law is very unclear and never told those who do the work how this process should be completed," Cortland County Clerk Elizabeth Larkin said. "County by county they are trying to figure out how to comply with the law with no resources and no written regulations."

 

Cortland, with a population of about 50,000 people 30 miles south of Syracuse, N.Y., has 7,000 pistol-permit holders; more than 1,000 submitted an opt-out form. Additionally, Larkin said her office has had three times the number of people applying for pistol permits with lines often out the door.

 

State officials have said the new gun law shouldn't cost county governments anything more. State Police Superintendent Joseph D'Amico testified at a hearing in February that state would bear most of the costs.

 

Clerks disagree.

 

"We have not done any overtime, but it has been extremely difficult and my staff has gone without lunches and without breaks," Larkin said. "We may have to pull funds from contingency for supplies once it gets closer to the deadline."

 

Another unanticipated issue: Residents want confirmation that their information will be sealed, said County Clerk Nina Postupack of Ulster County just west of Poughkeepsie, N.Y. Almost a quarter of the 20,000 residents with pistol permits have submitted opt-out forms.

 

Not all county judges are giving automatic approvals. Rockland County Clerk Paul Piperato said his county judge sent back forms that lacked information or failed to provide a legitimate concern for sealing the records. Piperato plans to return the forms to residents so they can resubmit them.

 

GOP Sen. Thomas O'Mara of Big Flats, N.Y., said the law should be changed to keep all gun information private. He is among gun-rights supporters who want a full repeal of the law.

 

"The opt-out should be done away with all together," he said. "There shouldn't be any disclosure of this information."

 

Some good-government groups disagree and supported The Journal News' attempt in December to get pistol-permit data from Putnam County, which refused to release the information. After the gun-law passed, the news organization took down its online permit map.

 

"We oppose efforts to undermine the integrity of the state's Freedom of Information Law and fear the slippery slope of carving out exceptions as an attempt to undermine the public interest," the groups said in a statement Jan. 8.

 

County clerks said they are bracing next for registration of assault weapons, set to begin April 15 when state police make forms available online.

 

"It is an unfunded mandate, and it was dumped on us," Larkin said. "It should have never happened on the state level with no thought of the consequences to local county offices."

 

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Chevrolet Caprice PPV a chance in lucrative New York State Police battle

By Tim Beissmann — Saturday, March 30th, 2013 ‘CarAdvice.Com’

 

 

One of the largest state police departments in the US will purchase thousands of Australian-made Chevrolet Caprice Police Pursuit Vehicles if the Holden-based sedan wins a three-way shootout against rivals from Ford and Dodge.

 

New York State Police (NYSP) has purchased 10 Caprice PPVs, 10 Ford Taurus-based Police Interceptors and 10 Dodge Charger Pursuits as part of a pilot program that will determine the vehicle that supersedes its ageing fleet of about 1200 Ford Crown Victoria sedans.

 

While small in comparison to the city-bound New York Police Department whose fleet comprises more than 8000 vehicles, the NYSP deal could result in an additional 600 Caprice sales per year for Holden, with vehicles replaced roughly every two years after completing upwards of 185,000km.

 

More than 5000 Chevrolet Caprice PPVs have been sold in the US since the first cars hit the street in May 2011 – significant volume given Holden has sold little more than half that number of regular Caprices in Australia over the same period.

 

At roughly $33,000, the Dodge is the cheapest of the trio. The Ford costs about $35,000 while the Chevy is the most expensive at $38,000. Being built in Australia, it also has a much longer lead time than the other two.

 

The Caprice V8 has marginally less power than high-performance versions of the Dodge and the Ford (265kW versus 276kW and 272kW respectively), but is more powerful than the others in base V6 form (224kW versus 218kW and 209kW). Both Caprice variants have a higher top speed and a shorter stopping distance than their rivals, and are the only ones equipped with eight airbags as standard.

 

The Charger (below) is criticized for its poor visibility, while the Caprice features a console-mounted gearshift lever that takes up valuable space in the cabin. That’s set to change shortly, however, with a new, less-obtrusive steering column-mounted shifter currently under development to match the other two. The Caprice also has the biggest boot.

 

Sgt Litardo, the man responsible for purchasing the fleet and distributing the vehicles, says the biggest differentiator – and potentially the deciding factor – is that the Ford is all-wheel drive while the Caprice and the Charger are rear-wheel drive (although an AWD Charger is on the way).

 

“[AWD] is desirable for us because we’re in the northeast and when we have bad weather we get a lot of snow and ice, so it helps in areas that aren’t ploughed or are getting a lot of snow in a short amount of time. That’s something that’s attractive to the agency,” Sgt Litardo said.

 

“Our members on the other hand, a lot of them like the freedom of …  more power, and they’re just more comfortable in a rear-wheel-drive vehicle – that’s what they know. I also feel like they have more control of the car, even though [AWDs] are kind of fool proof.”

 

Lt Fouché, leader of the Traffic Incident Management Group, agrees that there are advantages to AWD but admits to having a soft spot for the Caprice’s power delivery and the familiarity of its rear-drive system.

 

“I think the agency was looking at the all-wheel drive as a solution to the inclement weather, but whether our field says that may be a completely different story,” Lt Fouché said.

 

“The guys are driving Crown Vics now. We train them and they drive for miles and miles on end with a rear-wheel-drive car, so I think in the field’s mind it would be a better transition to go with either the Dodge or this [the Caprice], and with the Dodge … the visibility is very, very difficult.

 

“But this car,” he said, motioning towards a Caprice on display at the New York auto show, “I love this car. I think it’s awesome.”

 

Lt Fouché says the final decision will be made by the men in the field rather than the agency, and denies that the Caprice’s higher purchase price will hurt its chances of being selected.

 

“If we end up choosing this [the Caprice] the price is probably going to be irrelevant because it suits our need,” he said.

 

“We would always focus on what our task is and what best serves our purpose and that should compensate for the difference in price. It’s a big difference but not where it’s going to be breaking the bank. Why go for a product that doesn’t work for us just because it’s cheaper?

 

“That’s why we run the pilot for several months, have them give us detailed information on what they did like, didn’t like, and once they’ve completed the survey we gather up all the data and we make a decision from there.

 

“I’m hoping that by end of summer (August) we will have selected our vehicle. When we do it, we will buy that vehicle. That’s it. Just like with the Crown Vic. Even though there were other vehicles, it will strictly be that vehicle.”

 

The Caprice was the first vehicle to enter NYSP’s pilot program. Ten Chargers have just entered the field, while the Fords are currently being upfitted with patrol equipment.

 

NYSP used to operate a fleet of Chevrolet Caprices years ago but switched to the Crown Victoria in the mid 90s when the Chevy was discontinued.

 

While many in the department have fond memories of the old Caprice, Lt Fouché says nostalgia will have no impact on today’s decision.

 

“I think all departments got excited when the Chevy came back, but it’s all about how it performs. That’s going to be the bottom line.”

 

A number of departments across the country have already made the switch to the Caprice PPV, including the Washington State Patrol, which will purchase up to 650 over the coming years, and the Kentucky State Police, which purchased 125 last July.

 

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Louisiana

 

Louisiana law floods courts with pro-gun cases
A Louisiana law makes gun ownership a fundamental right, but critics say the law will face legal scrutiny.

By Rick Jervis — Saturday, March 30th, 2013 ‘USA Today’

 

 

NEW ORLEANS – Pro-gun advocates cheered the passing of a statewide amendment in November that strengthened gun rights in Louisiana to some of the highest in the nation, claiming it locked in privileges for years to come.

 

The amendment – backed by the National Rifle Association and Gov. Bobby Jindal – makes gun ownership a "fundamental right," akin to freedom of speech or assembly, and calls for "strict scrutiny" of gun laws – the highest judicial review in the USA.

 

But critics say the amendment is part of a new national push by the powerful gun lobby to circumvent state legislative action and bolster gun rights through the courts. Armed with the new amendment, attorneys can now challenge the constitutionality of lesser laws – like concealed weapons statutes – making them more favorable to gun owners – including felons, said Laura Cutilletta, senior staff attorney at the San Francisco-based Law Center to Prevent Gun Violence.

 

Starting last year, lawmakers in seven other states – Minnesota, Missouri, Alabama, Iowa, Illinois, Oklahoma and South Dakota – have introduced near-identical bills to apply "strict scrutiny" to gun laws, a powerful designation that holds sway in courts, she said. So far, only Louisiana lawmakers have been able to bring the bill to a referendum. Voters on Nov. 6 approved the measure resoundingly, 73% to 27%, according to state records.

 

Louisiana has already seen a raft of recent cases involving the new amendment, including several that challenge whether felons can carry guns. The NRA didn't return several requests for comment.

 

"What they're doing is taking the decision out of the hands of the legislature," Cutilletta said. "They're pre-deciding that guns should be allowed in public places and that the ability to regulate firearms should be very, very limited – if at all."

 

Republican state Rep. Chris Broadwater, who co-sponsored the bill that led to the amendment, said the bill's intent was not to change gun laws but to ensure gun rights for all Louisianans. Recent U.S. Supreme Court decisions that only narrowly favored gun rights and the way police confiscated firearms from residents in the wake of Hurricane Katrina in 2005 led lawmakers to pass the amendment, he said.

 

"Our intent is not to create an unsafe environment," Broadwater said. "Our intent is to protect those citizens whose rights may be infringed upon without this amendment."

 

In Louisiana, one of the most notable cases using the amendment involves Glen Draughter, 20, of New Orleans, a felon convicted of simple burglary who was later caught riding in a car with a handgun in the backseat and an AK-47 with a 30-round clip in the trunk – a violation of state law. His lawyers brought the case to court, arguing that the new amendment gives him the same "fundamental right" to bear arms as anyone else, and his gun possession case should be dropped.

 

On March 21, an Orleans Parish judge ruled that, under the new amendment, the statute forbidding felons from possessing firearms is unconstitutional. The case is headed to the state Supreme Court.

 

"We're not trying to arm anyone," said Colin Reingold, an attorney with the Orleans Public Defenders Office who represents Draughter, among others. "We're just trying to make sure our clients are given the same protections under the Louisiana constitution as other citizens."

 

Even more worrisome than potentially arming felons are upcoming cases challenging the state's concealed carry statute, said Christopher Bowman, an assistant district attorney in New Orleans. Under current Louisiana law, gun owners need a permit to carry a concealed handgun, and the weapons are prohibited in certain places, such as schools, churches, courthouses and street parades.

 

That could change under the new amendment and prevent police from pre-empting crimes, Bowman said. For instance, a police officer spotting someone hiding a gun at a Mardi Gras parade can today arrest the suspect and confiscate the gun if he doesn't have a concealed weapons permit, he said. But if the statute is altered, the officer would have to wait until the person commits a crime to act.

 

"The threat to public safety is huge," Bowman said. "That will take away a very important tool for law enforcement to keep our streets safe."

 

The state Supreme Court is expected to uphold the law barring felons from owning guns, said Dan Zelenka, president of the Louisiana Shooting Association, which supports the amendment. But sections of the concealed weapons law that bar handguns from churches or schools will likely be struck down during upcoming legal challenges, said Zelenka, a New Orleans attorney.

 

Even though Louisiana already had some of the most favorable gun laws in the USA, the amendment guarantees future rights of firearms enthusiasts in Louisiana, he said.

 

"We cannot always guarantee the legislature will continue to be friendly or that the courts will be friendly or that the government will be friendly," Zelenka said. "This is kind of a plan for the future."

 

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Milwaukee, Wisconsin       (Prisoner Going DOA in Back Seat of RMP)

3 Wis. officers won't be charged in 2011 death

By DINESH RAMDE  (The Associated Press)  — Friday, March 29th , 2013; 7:20 p.m. EDT

 

 

MILWAUKEE (AP) -- A special prosecutor on Friday declined to charge three Milwaukee police officers in whose custody a gasping suspect died in 2011, saying there wasn't enough evidence to prove a case beyond a reasonable doubt.

 

Derek Williams, 22, died after struggling to breathe in the back of a squad car in July 2011. He pleaded with the officers to roll down a window and call an ambulance but one unidentified officer replied, "Nope, you're talking to me, you're just playing games," according to a transcript of the squad-car video.

 

Last month an inquest jury found probable cause to support charges against the three officers of failure to render aid. But special prosecutor John Franke said he didn't file charges because he wasn't confident he could meet the higher standard of proving guilt beyond a reasonable doubt.

 

Specifically, he would have had to prove the officers believed medical attention was needed and that they knew failure to obtain aid would cause bodily harm, he wrote in a 33-page report released Friday.

 

"The evidence is clearly insufficient to satisfy that burden of proof as to any one of these three officers," Franke said.

 

He said the officers' failure to act was a "grievous mistake," but that charges would have to reflect criminal intent, not just a failure to do what "should have been done."

 

Franke declined to comment to The Associated Press beyond what was written in the report.

 

The officers - Jason Bleichwehl, Jeffrey Cline and Richard Ticcioni - declined to testify during the inquest, citing their Fifth Amendment right against self-incrimination. Other officers testified that they thought Williams was faking.

 

The inquest jury found probable cause that Williams - who had a genetic marker for sickle cell but not the disease itself - died of sickle-cell crisis.

 

Police Chief Edward Flynn issued a statement saying the officers would soon return to active duty. He said his department is committed to "restoring the trust of those whose confidence was shaken by these events."

 

The lawyers for Bleichwehl and Ticcioni did not immediately return messages Friday. Cline's attorney, Bridget Boyle, said her client was upset about Williams's death but not criminally liable.

 

"Milwaukee police officers are not taught how to identify who has sickle-cell trait or how to assess people for sickle-cell trait," she said. "This is an unfortunate, unfortunate circumstance but I think the right decision was made by Franke."

 

The medical examiner's office initially ruled Williams died of natural causes. But the Milwaukee Journal Sentinel later obtained the squad-car video - which shows Williams pleading for help from the back seat for nearly eight minutes and growing progressively weaker until he collapses on his side - the medical examiner's office changed the manner of death to homicide.

 

Franke said the squad-car video was filmed using an infrared camera that produces a clearer image than what police would have seen on that dark night, perhaps with glare from their laptops reflecting on the plastic window between the front and back seats.

 

"It is unfair to judge the officers' state of mind based on the videotape, which was simply not a part of the information used by the officers in deciding whether to believe Williams," the report said.

 

Milwaukee County District Attorney John Chisholm, who initially concluded that police had done nothing wrong, asked Franke, a private attorney, to serve as the special prosecutor.

 

Chisholm released a statement Friday asking the community to respect Franke's thought process and final decision.

 

In his closing statement to the inquest jury, Franke presented arguments both in favor of charges and against charges. On one hand, he said, half a dozen neighbors testified that they heard Williams repeatedly saying he couldn't breathe as he was arrested and taken to the squad car. On the other hand, the officers eventually performed CPR and called paramedics, Franke said.

 

Franke earlier decided against asking the inquest jury to consider felony homicide charges against the officers because of the complexity of the medical evidence and lingering uncertainty about why Williams died.

 

Williams was arrested after running about a block and a half. He had been released from jail earlier in the day, where he had been held for unpaid tickets. Nothing in the jail records indicated any medical problem, and family members who'd had regular contact with Williams prior to his death didn't see or hear anything that suggested any medical issues, Franke's report said.

 

The inquest jury was asked to weigh in on a possible misdemeanor charge of failing to render aid. The charge would have carried a maximum sentence of nine months in jail and a $10,000 fine.

 

The girlfriend, Sharday Rose, told AP she was angry that Franke wasn't bringing charges. Later, after noting that even if the officers were charged and convicted they'd be free within a year, Rose said she was more angry at a legal system that wasn't producing accountability.

 

"I feel like they should not be back working on the streets after they let him die," said Rose, 24.

 

Rose and Williams had three kids - two daughters ages 4 and 2 and a 3-year-old son.

 

"My kids need some justice," she said.

 

The officers could still face federal criminal charges. The U.S. Attorney's office in Milwaukee has not ruled out charging the three officers, and the U.S. Department of Justice is considering whether to sue the Milwaukee Police Department over a possible pattern of civil rights abuses.

 

"A decision has not been made," U.S. Attorney James Santelle said. "I can tell you there's nothing imminent right now."

 

---

 

The Milwaukee Journal Sentinel has posted the police video here: http://bit.ly/10kU9SX

 

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Los Angeles, California

 

Reward for murderous ex-cop causing controversy

By GREG RISLING and TAMI ABD  (The Associated Press)  — Friday, March 29th , 2013;  6:38 p.m. EDT

 

 

LOS ANGELES (AP) -- As a cabin smoldered with the body of rogue ex-cop Christopher Dorner inside, politicians in a city that lost an officer to his rampage approved a $100,000 reward for information leading to his arrest and conviction.

 

The Riverside City Council voted unanimously with little discussion and no debate, even after being told the fugitive's demise was likely to be announced soon.

 

News of the vote was dwarfed by Dorner's death after a week on the run, but the city made headlines this week when it said it wouldn't pay its slice of the massive $1.2 million that was pledged by more than two dozen entities and elicited hundreds of tips.

 

Blame the fine print - the requirement of an arrest and conviction - for the latest wrinkle in the battle over the pot of money that remains unpaid more than six weeks later. As a probe into who should get the cash continues, competing claims for the money have led to finger pointing, and at least two of the 30 groups that backed the bounty have bowed out of the tortured process.

 

A lawyer for the couple who called police after Dorner tied them up in their Big Bear Lake condominium and fled in their car shortly before his Feb. 12 death accused Riverside of reneging on an offer that was never genuinely made.

 

"The mayor knew full well that he wasn't going to be convicted when he authorized the resolution," said attorney Kirk Hallam. "It is completely disingenuous for him to stand up there now and say, `Oh we weren't legally authorized to issue this.' Really? That's not what you said when you offered the ordinance to the City Council after the facts were already known."

 

Cobbled together quickly as the manhunt for Dorner went cold on a snowy mountain where he abandoned his truck, the reward was hastily announced over a weekend by multiple police chiefs and mayors. It was never formally put in writing and was offered before public boards were able to authorize the money or set conditions for payment.

 

No one expected the imbroglio that has followed as lawyers for two parties have sparred over who should get the reward. Officials are expected to announce the payout by mid-April.

 

While Los Angeles Mayor Antonio Villaraigosa and Police Chief Charlie Beck have said they want to the see the reward paid, at least one group other than Riverside has chosen not to pay.

 

The board of the 64,000-member union Peace Officers Research Association of California rejected paying its $50,000 share because Dorner, whose four victims included two police officers, died before he could be arrested or convicted, President Ron Cottingham said Friday.

 

Rewards have long been an important tool to crack unsolved crimes and smoke out criminals. Posters in the 1800s offered payouts for outlaws "dead or alive," inspiring vigilantes and bounty hunters to take the law into their own hands. Today, they focus on generating tips from people who may fear retribution and may want to remain anonymous.

 

The arrest of Boston mobster James "Whitey" Bulger, suspected of playing a role in 19 killings and atop the FBI's Ten Most Wanted Fugitives list, was nabbed in Santa Monica two years ago after a publicity campaign and $2.1 million reward drew a tip from a former neighbor.

 

Fine print can complicate matters. The requirement of a conviction guarantees that the right person ends up behind bars, but it can delay a payout for years.

 

Crime Stoppers, created in 1976 as a nonprofit, pays up to $1,000 for information leading to arrests. Money raised by donations from citizens and corporations has helped pay close to $100 million to tipsters - and that reflects only the 20 to 30 percent who claim the money, said Chairman John Lamb.

 

"I think the majority of people who don't ask for reward money are trying to do the right thing," Lamb said.

 

Hallam, who represents Karen and Jim Reynolds, said his clients deserve the money because they put police on Dorner's trail. Despite being bound and gagged, and told not to alert police, Karen Reynolds managed to call 911 to report that Dorner had fled in their purple SUV.

 

During the ensuing pursuit, Dorner crashed their vehicle and carjacked a pickup truck from Rick Heltebrake, who also called authorities. He also filed a claim for the reward.

 

Cottingham, president of the umbrella group representing California police unions, said officials first announced the reward was for "capture and conviction" and then just "capture" during the manhunt, causing confusion and the problems that now exist.

 

"Maybe we learned a lesson here to make sure the parameters are set before you start" issuing a reward, Cottingham said.

 

Riverside city politicians defended their decision to vote after Dorner didn't emerge from the cabin that burned to the ground after a gun battle with law enforcement.

 

There were conflicting reports the night of the vote about whether Dorner's body had been found, said Councilman Mike Gardner.

 

"There was never an intent to authorize a reward knowing it wouldn't be paid," Gardner said.

 

Hallam said Riverside should consider reviewing a state law that provides for the governor to pay rewards in police officers' killings even if the arrest or conviction is "rendered impossible by an intervening event, including but not limited to, the death of the person during a pursuit by law enforcement."

 

Frank Zimring, a law professor at the University of California, Berkeley, said the city of Riverside can legally not pay the reward, but it could hurt the city in the future.

 

"The problem is going to come the next time Riverside wants to get the public's attention by offering a reward, because the issue is really the community's long-term credibility," Zimring said.

 

While the city of Riverside has pulled its reward, the county specifically changed its reward language to assure it wasn't only symbolic.

 

The Riverside County Board of Supervisors met the day after Dorner's death to authorize its $100,000 contribution. After some debate, the board voted unanimously to approve the amount and to change the language from "arrest and conviction" to "apprehension."

 

"The bottom line is if these individuals were helpful to get law enforcement to put this issue to an end ... then it should be offered," Supervisor John Tavaglione said during the meeting.

 

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Suspect’s Death Puts Reward in Question

By IAN LOVETT — Saturday, March 30th, 2013 ‘The New York Times’

 

 

LOS ANGELES — In the midst of a frenzied weeklong manhunt, Mayor Antonio R. Villaraigosa put together one of the largest rewards in Southern California history: $1 million for information leading to the arrest and conviction of Christopher J. Dorner, the former Los Angeles police officer who was wanted in multiple killings last month.

 

Hundreds of tips poured in over the next two days. And two claims to the money have now been made by people who encountered Mr. Dorner on his final day, before he apparently killed himself with a gunshot to the head as law enforcement personnel surrounded him, an autopsy showed. But a large part of that reward has now been pulled off the table. Several donors have reneged on contributions they had pledged, declaring that the criteria for the reward had not been met because Mr. Dorner was found dead before he could be captured or put on trial. More contributors have indicated that they may soon come to the same conclusion.

 

The dwindling reward — coming now that the spotlight has moved away from the manhunt — looms not only as a potential embarrassment for Los Angeles officials, but also, experts said, as a threat to the effectiveness of what has long been one of the most common tools in law enforcement: the promise of money.

 

Law enforcement officials expressed worries that if part of the reward was not paid simply because the suspect died during the pursuit, it could leave members of the public less likely to come forward with information when future rewards are offered.

 

“I think this is going to prove a major embarrassment for all concerned,” said William J. Bratton, the former Los Angeles police chief who has also led the police forces in Boston and New York.

 

Mr. Bratton said he was not aware of any cases during his years in law enforcement “when a reward was not paid because of the fine print, certainly nothing on this scale.”

 

The reward money was pledged by more than two dozen public and private sources, including communities shaken by Mr. Dorner’s violent campaign.

 

This week, officials from Riverside, where a police officer was killed, announced that the city would not pay the $100,000 it had offered, because the conditions of the reward approved by the City Council, which included “arrest and conviction,” were not met.

 

“He was neither arrested nor convicted,” Paul Davis, a Riverside city councilman, wrote in an e-mail. “It appears that he took his own life, prior to the arrest being perfected, and this certainly was not a conviction.”

 

However, though the city had already pledged to contribute, the Council did not vote to approve the reward until the evening of Feb. 12, hours after news reports that Mr. Dorner had been involved with a shootout with law enforcement earlier that day and was most likely dead.

 

The reward has divided law enforcement officials in Southern California, who came together during the emotional hunt for Mr. Dorner, who was specifically targeting police officers. In addition to the Riverside officer, Mr. Dorner is believed to have killed a San Bernardino County sheriff’s deputy and the daughter of a former Los Angeles police captain, along with her fiancé.

 

Mr. Villaraigosa and Charlie Beck, the Los Angeles police chief, have repeatedly said since Mr. Dorner’s death that they hoped the reward would be paid. Investigators will make a recommendation about whether anyone deserves the money and how much each party should receive.

 

Karen and Jim Reynolds, who found Mr. Dorner hiding in their Big Bear Lake, Calif., cabin and called the police after he tied them up and stole their car, have said they deserve the reward. Rick Heltebrake, who called a sheriff’s deputy after Mr. Dorner carjacked him after crashing the Reynoldses’ car, argues that the $1 million should be his.

 

But privately, some law enforcement officers have said that the Reynoldses and Mr. Heltebrake were just acting as any victim would — calling the police to report a crime and request help — and not offering tips about Mr. Dorner’s whereabouts. Unlike other victims in the case — in which four people were killed and three were wounded — the claimants escaped unharmed, these people say, and are now hoping to turn their chance encounters with Mr. Dorner into a windfall.

 

At least for now, Mr. Villaraigosa’s office has maintained that the reward is still at $1 million, even as the list of contributors grows smaller.

 

“The mayor and Chief Beck said that more than $1 million was raised at the time when the reward was announced and the reward remains at $1 million,” Peter Sanders, a spokesman for the mayor, said in an e-mail.

 

Mark Gergen, a professor at the University of California, Berkeley, School of Law, said he did not know of any previous litigation in California over whether rewards should be paid if the suspect dies before conviction. Similar cases have been tried in federal court and other states.

 

“Looking beneath the surface, in many of these cases there are qualms about whether the person claiming the reward really played an instrumental role,” he said.

 

Kirk Hallam, the lawyer for the Reynoldses, has argued that his clients — and not Mr. Heltebrake — played an instrumental role in leading the authorities to Mr. Dorner. Mr. Heltebrake’s lawyer, Allen L. Thomas, says it was his client’s call to a sheriff’s deputy that ultimately put them on Mr. Dorner’s trail.

 

According to police reports, after Mr. Dorner left the Reynoldses tied up in the apartment, Ms. Reynolds was able to get her cellphone and call 911, though her hands were still bound. She described the vehicle that Mr. Dorner was driving: their purple Nissan.

 

State Fish and Wildlife wardens spotted Mr. Dorner driving the couple’s car on a road out of Big Bear Lake. After crashing that car and carjacking Mr. Heltebrake, he was seen again, exchanged gunfire with Fish and Wildlife wardens, and soon crashed Mr. Heltebrake’s truck. Mr. Dorner fled on foot and ended up inside a cabin in the woods, surrounded by law enforcement officers. He killed a sheriff’s deputy in the firefight, before apparently turning the gun on himself.

 

“Only Karen Reynolds’s tip could have led to his capture,” Mr. Hallam said. “The trail had gone completely cold. And about 22 minutes from the time Karen Reynolds made that call, he was surrounded in the cabin.”

 

Mr. Hallam pointed to a state law that allows rewards to be paid if the suspect dies before arrest or conviction, though it does not apply to municipalities. He would not rule out a lawsuit.

 

“We are very hopeful that the mayor and City Council of Riverside will reconsider once they realize they do, in fact, have clear legal authority, and obligation, to pay out the reward monies,” he said.

 

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                                                          Mike Bosak