Two High-Ranking Officers Testify In Week 7 Of Stop-And-Frisk Trial (NY 1 News) and Other Saturday, May 11th, 2013 NYC Police Related News Articles

 

Saturday, May 11th, 2013 — Good Morning, Stay Safe

 

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NYPD Stop, Question and Frisk  Search

Two High-Ranking Officers Testify In Week 7 Of Stop-And-Frisk Trial

By: Dean Meminger — Friday, May 10th, 2013; 7:32 p.m. 'NY 1 News' / New York, NY

 

 

Two high-ranking officers who testified this week in the seventh week of the federal trial over the New York City Police Department's stop-and-frisk program spoke with NY1 criminal justice Reporter Dean Meminger.

 

Assistant Chief William Morris has been commanding officer over all northern Manhattan precincts since 2010. That includes neighborhoods like Harlem and Washington Heights, where there's been lots of community concern about stop-and-frisk.

 

When asked what he tells his officers when it comes to stop, question and frisk by NY1, Morris said he tells them to "treat persons like you'd like yourself or a member of your family treated."

 

Chief Morris testified for the city in the federal trial brought over charges that stop-and-frisk boils down to racial profiling of young black and Latino men.

 

Attorneys for those people say they don't believe the chief told the complete truth.

 

"He's never gotten a complaint about racial profiling, he's never gotten a complaint of a suspicious stop-and-frisk in the three years he's been head of patrol borough Manhattan North," said Jonathan Moore, an attorney for a group suing the New York City Police Department. "It seems inconceivable."

 

Chief Morris said he continues to work to improve police community relations and fight crime.

 

"We regularly have meetings throughout the borough," he said. "And I again would recommend everybody to come to their monthly precinct community council meeting if they have any concerns regarding that. The door is always open. We're welcoming."

 

Inspector Juanita Holmes, the commanding officer of the 81st precinct in Bedford-Stuyvesant, also testified for the city. She was put in charge there after allegations surfaced accusing the prior commander of instituting quotas for stop-and-frisk.

 

Holmes said she demands her officers only make legal stops and document them.

 

"I think I stressed in my testimony that I am a black woman, a black mother. I have a black son," she said. "So my agenda is not to go around and just, for no reason, stop young black males."

 

The federal trial for stop-and-frisk has been going on for nearly two months. It started on March 18. The judge has told both sides that she wants closing arguments to happen on May 20. Then, it will be up to the judge to decide if there should be changes made to the crime-fighting strategy.

 

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NYPD Officer Called Stop-and-Frisk 'All-Star' Explains His Motives

By Nick Chiles — Saturday, May 11th, 2013 'The Atlanta Black Star' / Atlanta, GA

 

 

The federal court in Manhattan yesterday heard from a NYPD officer considered a stop-and-frisk "all-star,"  while Mayor Michael Bloomberg caused a stir by claiming the controversial policy caused a decline in the city crime rate.

 

"That's the results of this," Bloomberg told reporters, talking about the link between the crime rate decrease and stop-and-frisk. "If you think you're going to get stopped, you don't carry a gun … The crime goes down, the number of stop-and-frisks … goes down."

 

But critics of the mayor say his causality is wrong.  The number of stop-and-frisks dropped by more than 50 percent in the first three months of this year — from 203,500 stops last year to 99,788 stops this year.  However, the city crime rate still fell, including a 30 percent drop in murders, so stop-and-frisk can't be credited, critics charge.

 

"The low crime numbers bolster the Bloomberg administration's already solid crime-fighting credentials, but the concurrent reduction in stop-and-frisk (under pressure) weakens one element of Mayor Michael Bloomberg's argument against critics of the policy," noted Capital New York's Azi Paybarah. "Bloomberg had warned that curtailing stop-and-frisk would mean 'guns would be everywhere in our city.'"

 

In two days of testimony in the trial challenging stop-and-frisk practices that has been ongoing for two months, Judge Shira Scheindlin heard from police officer Kha Dang, who was characterized by the plaintiffs' lawyers as an NYPD "all-star" because he racked up a total of 127 stops over a three-month period in summer 2009.  Dang patrolled the area around Fort Greene Park. As an eight-year veteran working out of the 88th precinct, he is among the NYPD's top four stoppers.

 

But during those 127 stops, Dang made just six arrests; he wrote one summons, he found contraband once and he never recovered any weapons. Of the stops, 115 were of African-Americans, the rest were other people of color. He never stopped a white person.

 

Dang said he was working in a high-crime area, plagued by gangs and violence, and his actions were informed by quality intelligence reports and a familiarity with the individuals in their neighborhood.

 

"We pool a lot of resources," Dang told the court Tuesday. "These are not nice people, so we definitely keep our tabs on them."

 

Dang explained how a series of violent muggings near Fort Greene Park were linked to a group of young people, so he would stop young people in the area surrounding the park, particularly those who spent their summer nights out after 1 a.m.

 

At other times, he said, he would rely on repeated observation of individuals to justify his stops.

 

"We have a general idea of their behavior," Dang told the court Thursday, explaining that he would monitor the same individuals going about their lives on a daily basis. If he noticed "weird behavior," he might make a stop. Asked what he would describe as "weird behavior," Dang said, "Furtive movement would be one of them."

 

"Furtive movement" is the phrase officers most frequently check off on departmental stop forms, in addition to "high crime area." But critics say it is a dangerously vague term.

 

In the third quarter of 2009, Dang checked off "furtive movement" as a justification for  stops on 45 occasions, "high crime area," 105 times, and "time of day, day of week, season" to justify 98 stops.

 

Dang gave examples of  furtive movement: "Hanging out in front of a building, sitting on benches or something like that … Standing near benches or trash cans," and "movements to certain areas of the body, usually the waistband or pants pocket."

 

"Has anyone asked you why you only stopped people of color?" Bruce Corey, an attorney for the plaintiffs, asked Dang.

 

Dang said no.

 

Corey asked Dang if his supervisors had raised concerns when he didn't recover any weapons during the period in question.

 

Again, he said no.

 

"I think the city thought he was their all-star," Corey said outside court Thursday.

 

"Nobody seemed to care that he made 127 stops and recovered zero weapons," he added. "He's basically wrong 95 percent of the time and nobody seemed to care about that."

 

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Homi of 75 Pct. Hero Peter Figoski:  Retired Det. Glenn Estrada Testifies

 

Emotional day as slain cop's partner testifies

By JOSH SAUL — Saturday, May 11th, 2013 'The New York Post'

 

 

The partner of slain NYPD cop Peter Figoski choked up in court today as he testified in the trial of two Brooklyn men accused of the botched robbery that led to the fatal shooting.

 

"They were wheeling Pete out on a stretcher," said retired Det. Glenn Estrada, holding his hand to his head to show the Brooklyn Supreme Court jury where his partner had been shot. "It was mayhem. They were bringing the stretcher out and our priority was to get him into the ambulance."

 

Alleged crew ringleader Nelson Morales, 28, and pothead Kevin Santos, 32, are on trial for burglary and felony murder for their roles in the East New York incident.

 

Estrada recounted for the second time in three months how he heroically chased down shooter Lamont Pride, who was convicted in his own trial in February.

 

During his cross-examination Santos defense attorney Howard Baker — who yesterday said his client only accompanied the other men to the robbery because he wanted to buy marijuana — grilled Estrada with an eye towards poking holes in his account.

 

"You had no idea how this guy had got past your partner Peter Figoski?" Baker said.

 

"No idea, no," Estrada answered.

 

Figoski brother Robert and daughter Caitlyn sat stoically through the trial alongside about a dozen cops.

 

The trial will continue Monday morning.

 

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Officer Peter Figoski's partner sticks to story of murder during suspect's trial

The account of now-retired Detective Glenn Estrada was questioned by Kevin Santos' lawyer. Santos, is one of five men charged with the murder for NYPD Officer Peter Figoski in 2011.

By Oren Yaniv — Saturday, May 11th, 2013 'The New York Daily News'

 

 

The former partner of slain NYPD Officer Peter Figoski stood his ground in court Friday, insisting he was struggling with a suspect who had darted out of a Brooklyn basement when another suspect shot Figoski dead.

 

The account of now-retired Detective Glenn Estrada was questioned by the lawyer of Kevin Santos, one of five men charged with murder for participating in a botched drug robbery that ended with the killing of the veteran Brooklyn cop in 2011.

 

Asked by defense lawyer Harold Baker if he's certain the confrontation with Santos took place, Estrada responded, "I'm positive. Just like I'm sure you're standing in front of me."

 

The testimony could still help Santos' defense, which contends the defendant never entered the basement and took no part in the robbery.

 

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Figoski's partner recalls fatal shooting

By WILLIAM MURPHY— Saturday, May 11th, 2013 'New York Newsday' / Melville, L.I.

 

 

The patrol partner of slain NYPD Officer Peter Figoski choked with emotion Friday as he once again took the witness stand to testify at the trial of men accused of murdering his partner in 2011.

 

Retired Det. Glenn Estrada again recalled that night that he and Figoski, both then West Babylon residents, responded to a report of a burglary in progress in the basement of a home in the Cypress Hills section of Brooklyn, near the border with Queens.

 

Figoski, 47, was fatally shot as he walked down the steps to the basement, while Estrada wrestled with one suspect outside the house on Dec. 12, 2011.

 

After Pride was subdued, "I felt I should be getting back to the scene. I had a bad feeling something bad had happened," Estrada said in state Supreme Court in Brooklyn. He said he returned to the house at 25 Pine St. to find a fatally wounded Figoski being wheeled away on a stretcher. Estrada said he was not immediately aware that his partner was shot, and found out only after a foot chase that ended in the capture of the burglar, Lamont Pride, who was convicted of Figoski's murder in February.

 

Estrada was testifying at the joint trials before separate juries of Kevin Santos, 32, and Nelson Morales, 28, both of Ozone Park -- two of the five men accused of committing the burglary and being responsible for the murder of Figoski.

 

Pride was sentenced to 45 years to life in prison. The accused getaway driver was acquitted and the fifth man pleaded guilty and agreed to testify against the others.

 

Defense attorney Harold Baker, representing Santos, had told the jury in his opening statement on Thursday that Estrada might have "fudged" his account, and that other detectives had coerced a confession from his client.

 

However, Estrada gave essentially the same testimony Friday -- during 45 minutes of direct testimony and 25 minutes of cross-examination by Baker -- that he gave in February at Pride's trial.

 

Estrada was promoted to detective after the murder; he retired after the February trials.

 

Defense attorney Wayne Bodden, representing Morales, told Judge Alan Marrus that he did not wish to cross-examine Estrada and asked that the Morales jury be excused from that testimony.

 

The judge sent the Morales jury home for the weekend and the Santos jury finished for the day less than half an hour later.

 

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January 27, 1972 BLA Homi of 9th Precinct Patrolmen Gregory Foster and Rocco Laurie

NYPD Commissioner Committed To Solving 40-Year-Old Cop Killer Cold Case

Then Sgt. Kelly Was Among The First To Arrive On The Scene Of A Brutal Slaying

By Kristine Johnson (WCBS TV News - New York)  —  Friday, May 10th, 2013; 11:48 p.m. EDT

 

 

NEW YORK (CBS 2) — Forty years ago, in one of the city's most notorious cold case murders, two young police officers were brutally gunned down. A sergeant at the time, NYPD Commissioner Ray Kelly responded to the scene and is still haunted by the killings.

 

During an exclusive interview with CBS 2′s Kristine Johnson, Commissioner Kelly spoke candidly about his personal connection to the case and said that he will not give up the search for the killer.

 

Four decades ago Kelly was a young sergeant arriving on the scene of a horrific crime, the virtual execution of two fellow police officers. Three suspects shot officers Rocco Laurie and Gregory Foster in the back. They then took the officers guns and shot them again and again.

 

"It was particularly brutal and nonsensical. I remember blood on the ground. They had no way to defend themselves at all," Kelly said.

 

The savage nature and the senselessness of the crime shocked the community and the NYPD. Decades later, it still resonates with Commissioner Kelly. In addition to being cops, Kelly and the two slain officers shared another bond, all three had been Marines.

 

"I would say this one affected me more than many others. They had been in Vietnam, I had been in Vietnam, so there was a certain bonding," he said.

 

Laurie's widow, Adelaide, told CBS 2 that she will never forget the horror of that night.

 

"I just kept praying, I just kept saying 'don't let this be real.' You know, I thought he was so strong," she said.

 

Adelaide said that she applauds Commissioner Kelly's efforts to keep the case alive.

 

"It will never bring my husband back, but in many ways it will make me feel as though he didn't die in vain," she said.

 

For Laurie's family, the shooting was earth shattering.

 

"It was really awful, really, really awful. It changed everything," Anthony Laurie said.

 

It also changed everything for the Foster family. Gregory Jr. was only a toddler when his father was murdered on the street. The slain officer's mother, who recently passed away, never fully recovered.

 

"It destroyed her. They killed him, but they destroyed her slowly," Anthony Laurie said.

 

Now, Gregory Jr. said he wants justice.

 

"For my mother's sake and for his sake, his soul, I just want this case solved," he said.

 

That just may happen. Commissioner Kelly told CBS 2 that this cold case has recently gotten warmer.

 

"There is an outstanding suspect, and that investigation, looking at the individual, is continuing. We're not gonna forget this case," Kelly said.

 

Two other men that police believe were involved in the murders were killed in unrelated shootouts.

 

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Former Intel Det. Leopold McLean Off-Duty Shooting of Ex-Girlfriend's Boyfriend

Inmate's (back)side of story vs. Mike guard

By CHRISTINA CARREGA — Saturday, May 11th, 2013 'The New York Post'

 

 

A Rikers Island inmate who claims he was shot in the buttocks and back by a then-member of Mayor Bloomberg's NYPD security detail because of his former girlfriend gave a full day's testimony against his rival.

 

"He told me if I ever came by her house again, he would put a bullet in me," said LePaul Gammons about the first heated encounter with Leopold McLean in 2007.

 

McLean, 48, is on trial for allegedly shooting Gammons in 2010 for violating an order of protection in favor of ex-lover Assia Winfield.

 

"I questioned his authority; I asked him to fight like a man, but he knew he couldn't beat me. Cowards carry guns," said Gammons, who is currently serving up to three years in prison for a 2011 forgery conviction.

 

Prosecutors say McLean neglected to report that he fired his weapon on the residential Jamaica street but called 911 to report Gammons for breaking into Winfield's home.

 

"We had an on-again-off-again relationship for seven years. She would make a complaint against me, I would get locked up, and she would be at my house two days later. That's just how it was," said Gammons about his estranged relationship with McLean's then-girlfriend.

 

Gammons, 42, claimed he and Winfield made plans to meet up after work that evening when McLean pulled up in an all black car with his service weapon drawn.

 

If convicted, McLean faces up to 25 years in prison.

 

McLean's attorney, Stephen Worth, read through Gammons' 67-page-long-rap sheet filled with driving without a license and criminal possession of stolen property convictions.

 

"It was wrong for me to drive without a license, but I don't know what my criminal history has to do with this guy trying to kill me!" charged Gammons.

 

Gammons and Worth conducted a fiery cross examination where voices were raised, obscenities were whispered underneath breaths and smart-alecky remarks were thrown, which, in turn, were stricken by the judge.

 

Gammons was shot in the buttocks and back and refused to go to the hospital out of "fear" that the police wouldn't be "on my side."Thirty hours later, Gammons reported the incident to the Civilian Complaint Review Board who forwarded the information to the Internal Affairs Bureau.

 

Gammons has a pending $5 million lawsuit against the NYPD and McLean.

 

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NYPD Honors Six Fallen Officers

By Unnamed Author(s) — Friday, May 10th, 2013; 10:28 p.m. 'NY 1 News'

 

 

The New York City Police Department honored six fallen officers Friday at a ceremony at One Police Plaza.

 

The ceremony paid tribute to five officers who died of illnesses believed to have been acquired from working at the World Trade Center Site.

 

They are Detective Alick Herrmann, Lieutenant Christopher Pupo, Police Officer Denis McLarney, Captain Dennis Morales and Sergeant Garrett Danza.

 

Detective Fermin Archer was also honored. He died from injuries suffered in a car accident while in the line of duty.

 

"The six men that we honor today are heroes," said Police Commissioner Ray Kelly. "They gave their lives in the service of the public to make the cause of 'New York safe for all' their cause."

 

Mayor Michael Bloomberg addressed the memorial as well.

 

He said the city is doing its best to keep officers safe by pushing for strong gun control and working to keep illegal guns off the streets.

 

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NYPD May 10, 2013 Press Release

 

MAYOR BLOOMBERG AND POLICE COMMISSIONER KELLY HONOR SIX FALLEN NEW YORK CITY POLICE DEPARTMENT OFFICERS

 

One Officer Who Died In the Line of Duty as well as Five Officers Who Died of Illnesses Developed After Responding to the September 11, 2001 Attacks Added to Memorial Wall

 

 

 Mayor Michael R. Bloomberg and Police Commissioner Raymond W. Kelly today presided over a Police Memorial Day ceremony at One Police Plaza honoring six members of the New York City Police Department. The following five members of the NYPD died of illnesses developed after performing rescue, recovery and clean-up work following the September 11, 2001 attacks: Captain Dennis Morales, Lieutenant Christopher Pupo, Sergeant Garrett Danza, Detective Alick Herrmann, and Police Officer Denis McLarney. Detective Fermin Archer died from injuries received in a vehicle accident while on duty.

 

"Today, we add six members of the world's greatest police department to the Wall of Heroes," said Mayor Bloomberg. "These officers rushed to assist us when we were in harm's way, and they always put the safety of others above their own.  We remember them with tremendous pride and gratitude - and we promise that none of them will ever be forgotten. It is because of officers like these that New York City is the safest big city in the nation today."

 

"The six men we honor today were heroes," said Police Commissioner Kelly. "They gave their lives in service to the public, to the cause of making New York City safe for all. Today they join the roll call of honor that is our Hall of Heroes."

 

During the ceremony, the names of the six members of the NYPD were unveiled on plaques in the Hall of Heroes inside One Police Plaza:

 

 

CAPTAIN DENNIS MORALES

Emergency Service Unit

 

Captain Dennis Morales joined the New York City Police Department in January 1992, and began his career on patrol in the 7 Precinct. He has also served in the 10, 60 and 88 Precincts, as well as Police Service Area 9; the Street Crime Unit, Patrol Borough Manhattan South SU, the Patrol Borough Manhattan South Task Force, Housing Special Operations, Patrol Borough Bronx, and the Emergency Service Unit. He was promoted to Sergeant in August 1997; Lieutenant in August 2000; and Captain in March 2004. During his 18-year career with the Department, Captain Morales, a graduate of St. Joseph's College, made 93 arrests, and was recognized six times for Excellent Police Duty and two times for Meritorious Police Duty. Captain Morales retired on July 30, 2010, and died on July 27, 2012, at the age of 50.

 

 

LIEUTENANT CHRISTOPHER PUPO

41 Precinct

 

Lieutenant Christopher Pupo joined the New York City Police Department in August 1998, and began his career on patrol in the 52 Precinct. He also served in the 26 and 41 Precincts; the Employee Management Division, the Internal Affairs Bureau, the Emergency Service Unit, and Emergency Service Squads 4 and 8. He was promoted to Sergeant in February 2004 and to Lieutenant in December 2009. During his 14-year career with the Department, Lieutenant Pupo made more than 200 arrests, and was recognized 24 times for Excellent Police Duty and nine times for Meritorious Police Duty. He earned both a bachelor's and master's degree in Psychology from Iona College and Long Island University, respectively. Lieutenant Pupo died on June 23, 2012, at the age of 40.

 

 

SERGEANT GARRETT DANZA

Communications Division

 

Sergeant Garrett Danza joined the New York City Police Department in January 1983, and began his career on patrol in the 34 Precinct. He also served in the 69 Precinct and the Communications Division. He was promoted to Sergeant in March 1994. During his 20-year career, Sergeant Danza made nearly 200 arrests and was recognized two times for Excellent Police Duty and two times for Meritorious Police Duty. Sergeant Danza retired on January 24, 2003 and died on July 11, 2012, at the age of 58.

 

 

DETECTIVE ALICK HERRMANN

100 Precinct Detective Squad

 

Detective Alick Herrmann joined the New York City Police Department in January 1986, and began his career on patrol in the 75 Precinct. He also served in the Brooklyn South East Narcotics Division, Queens North and South Narcotics Divisions; Vice; the Auto Crime Division; and the 102 and 100 Precinct Detective Squads. He was promoted to Detective in December 1991; and Detective Second Grade in May 2005. Detective Herrmann made nearly 400 arrests during his 20-year career and was recognized six times for Excellent Police Duty, five times for Meritorious Police Duty, and is the recipient of a Commendation. Detective Herrmann retired on January 13, 2006, and died on December 23, 2011, at the age of 49.

 

 

DETECTIVE FERMIN ARCHER

Warrant Section

 

Detective Fermin Archer joined the New York City Transit Police Department in July 1985, and began his career in Transit District 3. He also served in Transit District 2, the Warrant Section, the office of the Deputy Commissioner of Operations; the Police Commissioner's Office, the New York County District Attorney's Office, and the Warrant Section's Regional Fugitive Task Force. He was promoted to Detective in December 1990; Detective Second Grade in December 1995; and Detective First Grade in December 2000. Detective Archer, a 1991 Combat Cross recipient, made more than 100 arrests during his 26-career. He was also recognized twice for Excellent Police Duty, once for Meritorious Police Duty, and is the recipient of a Commendation. Detective Archer died from injuries received in a vehicle accident while on duty, at the age of 48.

 

 

POLICE OFFICER DENIS MCLARNEY

Brooklyn Court Section

 

Police Officer Denis McLarney joined the New York City Police Department in July 1996, and began his career on patrol in the 73 Precinct. He also served in the Patrol Borough Brooklyn North Task Force and the Brooklyn Court Section. During his 13-year career, he was recognized four times for Excellent Police Duty and once for Meritorious Police Duty. Police Officer McLarney retired on December 31, 2009 and died on March 1, 2012, at the age of 49.

 

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20 years of safer streets

By DAVID SEIFMAN — Saturday, May 11th, 2013 'The New York Post'

 

 

Now, here's a rich statistic: Nearly every neighborhood in the city has fewer violent crimes today than the Upper East Side did 20 years ago.

 

Mayor Bloomberg offered that startling data during the annual Medal Day ceremony yesterday at Police Headquarters, where the names of six cops were added to the memorial honor roll in the lobby.

 

Describing the contributions of those cops to their relatives, the mayor cited the 36 percent decline in crime under his administration and "strategies that are working" to keep violence in check.

 

"These accomplishments would have been unthinkable just decades ago," said Bloomberg, who has lived on the Upper East Side since coming to New York in 1966.

 

"Back then, Manhattan's Upper East Side was considered one of the safest parts of our city. Today, nearly every single precinct in the city has fewer violent crimes than the Upper East Side did back then."

 

The numbers compiled by the NYPD showed there were 1,708 violent crimes — murder, rape, robbery and felony assault — reported in the mayor's swanky nabe in 1993.

 

Last year, only East New York in Brooklyn recorded more crimes in the same category, 1,852.

 

Second closest was Brooklyn's Ocean Hill/Brownsville neighborhood, with 1,292.

 

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NYPD F.O.I.L. Requests

NYPD Chief Ray Kelly And Mayor Bloomberg Still Think Privacy Is A Good Thing -- Just Not YOUR Privacy

By Tim Cushing — Friday, May 10th, 2013 'Techdirt.Com'

 

 

When NYPD Chief Ray Kelly said "privacy was off the table" following the Boston bombing, we all knew this was a one-way "exchange." It was always going to be average citizens losing out on their privacy. The NYPD would remain unaffected and continue to operate the way it has for years: behind the thin thick blue line of opacity.

 

Salon's CJ Ciaramella takes a detailed look at the NYPD's track record on Freedom of Information requests. The results are unsurprising. The public entities that demand the most from their constituents are often the most reluctant to give anything back.

 

The city's Public Advocate Bill de Blasio, who is running for mayor, recently released a report asserting that a third of all Freedom of Information records requests to the police department were ignored. The numbers are no surprise to journalists who cover the department, such as Leonard Levitt, a veteran cops reporter who now writes at NYPD Confidential.

 

"All I can tell you is that the NYPD does whatever it wants to regarding FOI requests," Levitt said. "Which means they never turn anything over, at least not to me. The only time they did respond was after I got the NY Civil Liberties Union involved."

 

Levitt's case isn't unique. Others have run into the same officious stonewalling and found it often takes a lawsuit (or the threat of one) to shake anything loose. All Levitt was looking for was Ray Kelly's daily calendar. The department cited "security reasons" when rejecting his request. By this logic, protecting Ray Kelly is more important than protecting the President of the United States, whose calendar is public.

 

What isn't rejected outright is simply ignored. Those making the requests are left to decide whether the requested information is worth the time and expense of a lawsuit. The NYCLU has found itself in court time and time again in attempts to pry info loose from the NYPD's grip.

 

Ciaramella had his own experience with the NYPD's FOI recalcitrance when he sought access to gun discharge reports that might shed some light on the "hail of gunfire" unleashed by the NYPD in the course of bringing down the Empire State Building shooter.

Back in October 2012, this reporter submitted a public records request for the discharge reports filed by NYPD officers over the previous year.

 

I filed the public records request on Oct. 1. And then waited. On Jan. 11, I received this response:

 

In regard to your request, for all weapons discharge reports filled [sic] by officers between January 1, 2012 and September 26, 2012, I must deny access to these records on the basis of Public Officers Law section 87 (2)(g) and 87 (2)(e) as such records/information, if disclosed would reveal criminal investigative techniques or procedures, and or are intra-agency materials. Furthermore, these records are also exempt from disclosure as these records on the basis of Public Officers Law section 87 (2)(e) and Public Officers Law 87 (2)(a) in that such records consist of personal records of a Police Officer and are therefore exempt from disclosure under the provisions of Civil Rights Law section 50-a.

 

Now, stop and consider this for a second. The NYPD said the public interest of how, when and why its officers use deadly force against the citizens it's sworn to protect is outweighed by the need to protect the privacy of those same officers. Not only that, the public interest was outweighed by the need to protect its investigative techniques.

This is par for the course and not unique to the NYPD. Police forces all over the nation (and the word, for that matter) are notorious for protecting their own. This insular attitude tends to result in the sort of ridiculous arguments detailed above. Protecting officers from public scrutiny always outweighs the public interest because it's the "home team" making the call.

 

But this reflexive "cops-first" rejection of Ciaramella's request was particularly brash, seeing as it completely contradicted a previous judicial ruling.

 

A New York judge ruled two years ago — in response to a NYCLU lawsuit, naturally — that discharge reports are subject to disclosure, do not violate officers' privacy and do not compromise the department's investigative techniques.

 

The NYPD at least tried a different tack with Ciaramella's next discharge report request, denying it because it was insufficiently descriptive of the files requested -- even though it was nearly identical to the previous filing.

 

This is a systemic problem. FOI requests are ignored, rejected or put on the back burner until someone gets a lawyer involved. If any answer arrives, it's usually months or years down the road and, in many cases, redacted to the point of uselessness.

 

New York's FOI problem goes all the way to the top. Bloomberg's office has spent significant amounts of time and money battling FOI requests as well.

 

ProPublica's Sergio Hernandez spent nearly two years trying to obtain emails related to the 2010 appointment of Cathie Black as School Chancellor. (Black was a controversial pick who stepped into the position with no relevant experience after her predecessor suddenly resigned his post.)

 

When the emails were finally released last week, after a two-year legal battle, they revealed a desperate public relations campaign in which city officials tried to rally support from prominent women — including Oprah Winfrey, Gloria Steinem, Caroline Kennedy, and Bette Midler — to champion Black's appointment. (I'll admit: never in a million years did I expect my work to result in stories containing the sentence, "Ms. Winfrey couldn't be reached for comment.") In the end, the emails were amusing, slightly enlightening, but largely innocuous.

 

Hernandez points out that much has been made about the last-minute attempt to persuade female celebrities to show their support for the new chancellor, but much less ink has been spilled questioning why the city fought this request for so long, racking up a total of 180 staff hours and costs of over $25,000.

 

In the very limited defense of the NYPD, all FOI requests are funneled through a single office. This inefficient design can partially be blamed for the extensive delays. But it doesn't excuse the general attitude that citizens need to be an open book while those in charge continue to operate in near opacity. And the inequity keeps getting worse, according to Robert Freeman, executive director of the NY State Commission on Open Government.

 

"I've been here since 1974," Freeman said. "The track record of the police department, particularly in the last decade, indicates in so many instances a failure to give effect to the spirit and letter of the freedom of information law."

 

"I look back at various mayoral administrations, and my feeling is that there was more of an intent to comply with the law in the era of Mayor [Ed] Koch than there has been since," Freeman continued. "My sense has been that the downward slope began in Giuliani's administration."

 

There's little hope of any immediate change. Entities like the two discussed are naturally resistant to transparency and sudden movement. The fact that the NYPD and Mayor Bloomberg have formed a mutual admiration society over the years indicates that it will remain "business as usual" until a mayor willing to stand up to the police department (and stand up for his constituents) is elected. The last two office holders have been more than happy to indulge the PD's excesses, all the while further isolating themselves from the demands of transparency laws and the people they're supposed to be serving.

 

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Narcotics Div.

Do Big NYPD Drug Busts Just Target the Little Fish?

By J. Pablo — Friday, May 10th, 2013  'The Villiage Voice' / Manhattan

 

 

A troubling pattern is emerging around the NYPD's recent "big drug busts."

 

Last month, after years of surveillance, the NYPD concluded that gangs on the Lower East Side had sold "$1.2 million worth of coke in two years." On April 12, the NYPD arrested 41 people from the neighborhood, mostly from Baruch and Campos projects. Upon closer inspection however, the numbers don't add up to much: $1.2 million over two years means $600,000 annually in drug proceeds, which is not so impressive when you factor in the 41 arrests. That means that cops squandered at least two years of resources and manpower busting individuals making an average of $14,634 annually selling drugs. That's downright measly.

 

 

Compare the LES sting to one in Gramercy Park on March 28, when an eight-man operation was busted for moving $10 million in prescription pills in a mere 15 months. Next to that haul, the LES bust hardly seems like a cause for Commissioner Ray Kelly and District Attorney Cyrus Vance to thump their chests in triumph at the press conferences that took place after the sweeping arrests.

 

Even curioser, the DA is hitting some of the LES arrestees--most of whom are in their late teens and early twenties--with the criminally severe "Drug Kingpin" statute: According to a press release from the District Attorney's office, Sean Steele Jr., 25; Anthony Alvarez, 20; Adrian Rivera, 24; and Michael Austin Rodriguez, 24, are named as major traffickers. The provision was established in 2009 during a long-overdue overhaul of the Rockefeller Drug Laws. While the changes in the laws curbed penalties for several lesser offenses, they also increased sentences for those deemed to be major distributors, including making life in prison applicable to people who control four or more suppliers and collect $75,000 or more per year in illicit drug sales, or people who collect $75,000 over six months through drug-dealing.

 

Mathematically, it's not likely that the four individuals charged were able to surpass the designated amount to be deemed kingpins. The foursome would have to clear $300,000 annually, leaving the remaining $300,000 of proceeds to divvy up among 37 workers. It gives the kingpin charges a sensational air and puts some of the arrests into question. Especially since it's come to light that a slew of the drug ring's alleged buyers are being arrested as well, adding to the already high number of individuals charged. As more and more customers are charged, the $1.2 million appears more and more paltry.

 

This is not an isolated incident. In March, 18 young men were arrested for selling marijuana in candy wrappers in East Harlem. The Daily News reported that the "gangbangers" were making $200 to $1,000 daily. Again, not so impressive when you divide even their top earnings by 18 individuals. Nevertheless, in April alone, similar investigations ended with 122 members from six gangs being arrested around Manhattan.

 

Again, the numbers of arrests may look impressive, but they do little to improve the neighborhood and community. In fact, they actually weaken already fragile family ties and even displace entire households.

 

"To ignore the hardships the people unrelated to the actual "drug deals" endure is [shameful]," says Aisha Lewis-McCoy, public defender and immigration attorney with the Legal Aid Society. "NYCHA can evict the whole family if one of the kids on the lease is convicted of a drug charge, but we've seen, as a matter of practice, that NYCHA starts the investigation as soon as the arrest occurs. I personally know of at least a dozen incidents where hearings are started before the conviction."

 

More than 41 families in Baruch and Campos Houses will be affected by these mass arrests. Lewis-McCoy also sees another troubling pattern. "Too many people--from the police filling their quotas to the lawyers who defend these to the private prisons who monetize off mass incarcerations--benefit from these mass arrests."

 

With young, low-level criminals making up the bulk of the arrests, the drug problem in neighborhoods like East Harlem and the Lower East Side is not likely to get any better. As long as the drugs are finding their way into these neighborhoods due to major drug traffickers operating with relative impunity, there will be a drug problem. As long as unemployment is high, school budgets are slashed, and little to no resources are available in the community, it's not difficult to imagine there will be scores of young men to replace every entry level drug dealer taken off the streets. Aim higher up the food chain, Chief Wiggum.

 

_______________________________________________________________________

 

Ret. Captain Eric Adams

 

NY Sen. Eric Adams To Supporters: Nothing On Shirley Huntley Tapes Implicates Me

BY Ken Lovett — Saturday, May 11th, 2013 'The New York Daily News'

 

 

Sen. Eric Adams sent a message to his political supporters--including one who passed it along to me--saying that he is confident he was not taped by ex-Sen. Shirley Huntley talking about anything illegal. He says it will not deter his campaign to become Brooklyn borough president.

 

The email says:

 

"Recent news reports have indicated that former State Senator Shirley Huntley secretly reported me and other elected officials.

 

I WANT TO ASSURE YOU THAT THERE IS NOTHING ON THOSE TAPES THAT WILL IMPLICATE ME IN ANY WRONGDOING.

 

We are moving straight ahead to Brooklyn Borough Hall.

 

Thank you for your continued support.

 

 

Best,

Eric"

 

 

Adams in the message does not say he is not under investigation, however. He was referenced in a scathing Inspector General's report into a possible bid-rigging scam involving Senate Democrats during the awarding of the Aqueduct racino in Queens. Sources have said the FBI is looking into the matter.

 

Two days ago, after his name first surfaced as having been one of the nine taped by Huntley for the FBI, Adams sent out the following statement to the media:

 

"I have not been contacted about any investigation. I believe deeply in transparency and the pursuit of justice—and that is why I committed 20 years of my life to law enforcement. I am more than willing to help with any investigation."

 

_______________________________________________________________________

 

Long Island

Nassau seeks bids for 1st Precinct station house

By ROBERT BRODSKY — Saturday, May 11th, 2013 'New York Newsday' / Melville, L.I.

 

 

After nearly eight years of delays, Nassau County has released yet another set of plans to replace the First Police Precinct station house in Baldwin.

 

Last week, the county quietly issued a request for proposals to build a 25,000-square-foot building on the site of an antiques store located across the street from the existing Merrick Road precinct station house. Bids for the project are due by May 31.

 

"We are moving forward with the first phase in construction of a new First Precinct," County Executive Edward Mangano said in a statement.

 

In December 2011, the county issued an RFP for a new building but never took action on the project. Construction of the new three-story building is expected to cost between $9 million and $12 million, said Mangano spokesman Brian Nevin.

 

It remains unclear how the RFP would affect Mangano's police consolidation plan.

 

Last month, First Deputy Commissioner Thomas Krumpter said plans to merge the First Precinct with the Seventh Precinct in Seaford had been postponed indefinitely. The First Precinct building was originally supposed to be downgraded into a lightly staffed community policing center, with administrative staff moving into the Seaford building.

 

But after the Seventh Precinct suffered major flooding during Superstorm Sandy, Krumpter said, the department was reconsidering how policing on Nassau's South Shore should be managed. Among the options: proceed with the consolidation plan or maintain the status quo.

 

County lawmakers and police union officials said they had not been briefed about the latest plans. "We've had so many check swings and bad plans over the years so I don't know what this means," said Legis. David Denenberg (D-Merrick).

 

With Matthew Chayes

 

_______________________________________________________________________

 

New Jersey  /  Alleged Psycho and Ret. NYPD Det. Jerry Speziale

 

Jury awards $75G punitive damage to Passaic County sheriff's captain in whistleblower case

BY  KIBRET MARKOS — Saturday, May 11th, 2013  'The Bergen Record' / Hackensack, N.J.

 

 

A jury in Hackensack awarded $75,000 in punitive damages to a Passaic County sheriff's captain on Friday, concluding a trial in which she accused her former boss of retaliating against her when she blew the whistle on the improper issuance of police-type ID cards to civilians.

 

The jury found that the county and the sheriff's executive staff engaged in "actual malice or willful disregard" of the rights of Capt. Lori Mambelli, and it imposed the damages against the county and the Sheriff's Department.

 

No punitive damages were awarded against then-Sheriff Jerry Speziale himself, who resigned from the department in 2010 to become a deputy superintendent at the Port Authority Police Department. Speziale was first elected sheriff in 2002 and was reelected twice.

 

The decision on punitive damages came two days after the same panel found that Speziale and his department retaliated against Capt. Lori Mambelli, but awarded her a mere $1,000 in compensatory damages for emotional distress.

 

"Today, this jury … punished Passaic County," said Charles Sciarra, the attorney who represented Mambelli. "And much of the same crowd [the executive staff in the sheriff's department] is still there. It's time for a housecleaning."

 

Bill Maer, the spokesman for Sheriff Richard Berdnik, disputed Sciarra's statement, saying the department's executive staff has seen an 80-percent turnover since Berdnik took office in January 2011.

 

County Counsel William Pascrell III, whose office represented the sheriff's department in the trial, agreed, saying that Berdnik came in with his own top brass when he took office, and that no evidence during the trial implicated the new senior staff of any wrongdoing.

 

"They now want to punish the county for the conduct of people who are not there anymore," Pascrell said. "I think that the court and the jury made a big mistake on the punitives."

 

Sciarra argued during the trial in Superior Court in Hackensack that police-type IDs that allow the bearer to carry firearms were issued to civilians and to some Speziale supporters upon the sheriff's order. He said the ID cards were issued while Mambelli worked in the Bureau of Criminal Identification between 2002 and 2008. Mambelli testified at trial that she often clashed with Speziale's command staff in objection to the practice, and that her supervisors retaliated by transferring her to various departments.

 

She also said that when she filed a lawsuit against the department in 2009, the department reacted by filing a lawsuit against her. That lawsuit has since been dismissed.

 

Speziale denied that he instructed anyone to improperly issue ID cards. His attorney, Al Buglione, told jurors during the trial that the case was "all about money."

 

He also said Mambelli had been a staunch supporter of Speziale for years, ever since he was first elected sheriff in 2001. She was promoted twice during that period, he said, arguing she only turned against Speziale when she did not get a promotion to a chief's position.

 

Mambelli 's lawsuit was filed in Passaic County but was moved to Hackensack because the case is mired in Passaic County politics.

 

_______________________________________________________________________

 

U.S.A.

Printable-Gun Instructions Spread Online After State Dept. Orders Their Removal

By JENNIFER PRESTON — Saturday, May 11th, 2013 'The New York Times'

 

 

The State Department, citing possible compliance concerns regarding the export of firearms, has ordered a Web site to remove what are believed to be the world's first online instructions on how to build a 3-D printable handgun.

 

Although the blueprints had been published for only a couple of days before the removal notice was issued late Thursday, it was too late. The instructions had been downloaded more than 100,000 times, and they are now published on multiple other Web sites, blogs and an Internet file-sharing service, the Pirate Bay.

 

Some people have already gotten started with their do-it-yourself gun craft projects and have made videos of their efforts with 3-D printers.

 

"If you want it, it is out there," said Cody Wilson, 25, the owner of the Web site, Defense Distributed, that published the gun-making blueprints. Mr. Wilson, a second-year law student at the University of Texas, said he had spent almost a year crowd sourcing the instructions.

 

He said his goal was not to increase the number of guns made from 3-D printers, but rather to show that, in the Internet age, neither industry nor the government can control information about new technology or how that information is used. "I don't care about the project," he said. "This is about the future of the freedom of information and regulation of the Internet."

 

Mr. Wilson spoke to my colleague Nick Bilton last fall about his project. Mr. Bilton explained that 3-D printers were quickly becoming a consumer product.

 

"These printers, which now cost about $1,000, can print objects by spraying thin layers of plastic, metal or ceramics that are built up into shapes," he wrote. "Long used by industrial companies to make prototypes and parts, 3-D printers are becoming faster and less expensive almost weekly."

 

At the time he spoke to Mr. Bilton, Mr. Wilson was already running into opposition from gun-control advocates, who were concerned that he was providing instructions on how to make a plastic gun that could possibly evade airport security or help someone avoid a background check at a gun store.

 

After Mr. Wilson published the instructions online, Representative Steve Israel, Democrat of New York, renewed his call for Congress to pass his recently introduced Undetectable Firearms Modernization Act, which would extend a ban on plastic firearms and include homemade, plastic high-capacity magazines and receivers. The existing ban on plastic guns expires this year and does not clearly cover these major components.

 

"Security checkpoints, background checks and gun regulations will do little good if criminals can print plastic firearms at home and bring those firearms through metal detectors with no one the wiser," Mr. Israel said in a statement. "When I started talking about the issue of plastic firearms months ago, I was told the idea of a plastic gun is science fiction. Now that this technology is proven, we need to act now to extend the ban on plastic firearms."

 

This spring, Mr. Wilson began uploading videos to YouTube showing how the handgun, which he called "The Liberator," could be used at a firing range. He acknowledged that, to help him cover the costs of making the gun, he had received financial backing and other guidance from several individuals who are ardent supporters of gun rights.

 

The only part of the gun that is not made from a 3-D printer, he said, is the bullet. The instructions suggest using a roofing nail. He demonstrates the gun in a YouTube video and includes photos of the different parts on a Tumblr blog.

Cody Wilson demonstrates his homemade handgun, made from a 3-D printer, in a YouTube promotional video that has been viewed more than three million times.

In a statement, a spokesman for the State Department said that he could not discuss specific compliance matters but confirmed that the department's Directorate of Defense Trade Controls had been in touch with Mr. Wilson's company.

 

Exports of nonautomatic and semiautomatic firearms up to .50 caliber are controlled under the United States Munitions List.

 

Mr. Wilson said the State Department had told him in a letter to take the files down while the department conducted a review of whether his business had to be registered with the Directorate of Defense Trade Controls and whether he needed a license for exports of defense articles.

 

He said he complied, emphasizing that, for him, guns were not the point. He said he thought printing a gun was the most compelling way to make his point, but added, "3-D printing is a ridiculous way of making gun parts."

 

"This is a fight about two competing visions of the future," Mr. Wilson said. "I think my vision of distributed technology will win."

 

_______________________________________________________________________

 

Apple has a waiting list for law enforcement iPhone access requests

By Meghan Kelly — Saturday, May 11th, 2013 'VentureBeat.Com' / New York, NY

 

 

Apple is putting law enforcement requests on hold, according to one judge. The company has created a waiting list for all the "unlock this device" requests it receives.

 

After repeat attempts to unlock a suspected drug dealer's iPhone 4S, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) reached out to Apple for help, as reported by CNET. Apple complies with law enforcement requests, like most big tech companies, to unlock devices or supply data. But, according to Judge Karen Caldwell handling the case, the ATF was told it would have to be placed on a waiting list along with all the other requests Apple receives.

 

The agent involved explained in an affidavit that it would be up to seven weeks before the request was fulfilled meaning Apple has its hands full with law enforcement aid. But it makes sense as smartphone data can be a pivotal part of the discovery process in a law suit.

 

Text messages, Facebook messages, emails, pictures, location-data and more would be available to anyone who had the unlocked phone. In the case of a drug dealer, law enforcement would of course want to look for any messages about transactions, or anything that could lead to further arrests in a drug ring.

 

Of course, this becomes a sticky matter when it comes to whether warrants are involved or not. It could then be considered an unreasonable search and seizure.

 

This might be a testament to how secure iPhones seem to be. This might also be a testament to how law enforcement might want to invest in more technical resources.

 

_______________________________________________________________________

 

Pennsylvania

 

Some Pennsylvania colleges to allow guns on campus after review

By Michael Rubinkam (The Associated Press)  —  Saturday, May 11th, 2013; 9:55 a.m. EDT

 

 

KUTZTOWN, Pa. (AP) — Students on some of Pennsylvania's college campuses might be carrying more than books.

At least five Pennsylvania state-owned universities are now allowing guns on campus after the state's lawyers concluded that an outright ban on weapons was likely unconstitutional.

 

Kutztown, Shippensburg, Edinboro, Slippery Rock and Millersville universities have all quietly changed their policies over the past year to reflect the advice of lawyers in the governor's office and the Pennsylvania State System of Higher Education. Students in those schools are now allowed to have weapons on campus, though they are still generally banned from school buildings and athletic events.

 

Students with concealed-carry permits had questioned the constitutionality of blanket weapons bans at state-owned universities, prompting a legal review that found such bans were vulnerable to court challenge.

 

Pennsylvania is among 23 states that allow individual colleges or universities to decide if they'll ban concealed weapons on campus, according to the National Conference of State Legislatures. Twenty-two states ban concealed weapons and five — Colorado, Mississippi, Oregon, Utah and Wisconsin — allow firearms on public university campuses.

 

Kutztown changed its policy April 19, though it had largely escaped notice until Kutztown President F. Javier Cevallos emailed students, faculty and staff about it Thursday night.

 

Under the new policy, licensed gun owners are permitted to bring their weapons onto campus, but not into buildings or athletic events without permission from the university police chief. The chief will consider making an exception if there is a "compelling reason" related to personal safety, the policy says.

 

Kutztown is not endorsing weapons on campus, spokesman Matt Santos said Friday.

 

"Our president does not believe that guns have a place on campus," he said. "We will do what we can to keep our campus free of weapons and have written the policy to keep it as strong as possible to keep weapons away from buildings and campus events. We believe we provide a very safe environment for students to learn and live."

 

Although there has been no legal challenge mounted in Pennsylvania, the state's lawyers cautioned that "blanket firearms bans were vulnerable to constitutional challenge and exposed the universities" to legal claims, said Nils Hagen-Frederiksen, a spokesman for the governor's Office of General Counsel.

 

About a year ago, the state system provided a model weapons policy for consideration by all 14 schools "that more narrowly tailored the firearms restriction, addressing both public safety and constitutional concerns," Hagen-Frederiksen said.

 

Pennsylvania's concealed-carry law is silent on the issue of guns on college campuses. Other state laws do prohibit firearms in K-12 schools and court facilities, but there is no statute banning firearms possession at state-owned universities.

 

Thus "an outright weapons ban on public college campuses may be a problem under Pennsylvania law," Michael Moreland, a vice dean and professor at Villanova University's law school, said via email.

 

Last year, he noted, the Colorado Supreme Court struck down the University of Colorado's ban, ruling it violated the state's concealed-carry law.

 

The new university weapons policies seemed unlikely to turn Pennsylvania's campuses into armed camps. At Kutztown, gun owners are generally limited to wandering the campus with their firearms, locking them in their cars, or checking them in at the police department.

 

Still, as word of the new policy spread across campus Friday, students debated whether it's a good idea to allow weapons.

 

"It promotes violence. You have lethal weapons on campus in a place where we're supposed to get a higher education, not carry bullets and guns and be prepared to kill someone. It's bizarre to me," said James Alexander, 21, a political science major from Pottstown.

 

But another student raised the 2007 Virginia Tech massacre, in which a gunman killed 32 students before committing suicide, to argue in favor of a well-armed student body.

 

"It could potentially have been stopped," said Tony Pavoncello, 20, a freshman from York. "If one or more students had been armed and had been there when he came in the door, you never know what might have happened. It might have changed something."

 

Pennsylvania's largest university, Penn State, bans all weapons from campus, though students who hunt or shoot recreationally are permitted to store them with police. Penn State receives a state appropriation each year but is not owned by the state. The University of Pittsburgh — likewise state-supported but not state-run — also prohibits weapons anywhere on campus.

 

"Our feeling is that police, who are trained in handling firearms, shooting accuracy during stressful situations and in making quick decisions and judgments, should be the ones with weapons," Penn State spokeswoman Lisa Powers said via email Friday. "They are the experts."

 

Gun-rights advocates including Students for Concealed Carry — a group launched in the wake of Virginia Tech —maintain that an armed campus is a safer campus because police typically can't respond quickly enough to stop a mass shooter in the act.

 

A campus police chiefs' association, the International Association of Campus Law Enforcement Administrators, takes an opposing view. Its board has declared that allowing guns on campus could "dramatically increase violence."

 

Although Kutztown changed its rules just a few weeks ago, the Pennsylvania State System of Higher Education appeared to be having second thoughts Friday, telling all 14 member schools to hold off on weapons policy changes until a task force on campus safety can weigh in.

 

"Given the importance of this issue, the significance of this issue, we think it's a good idea to take a second look," state system spokesman Kenn Marshall said.

 

_______________________________________________________________________

 

Cleveland, Ohio

Missed opportunities, or a job well done in Cleveland kidnapping?

Some argue that the missing girls in Cleveland's horrifying kidnapping were not aggressively sought, but police strongly deny the claim as unfair

By Yamiche Alcindor — Saturday, May 11th, 2013 'USA Today'

(Edited for brevity and generic law enforcement pertinence) 

 

 

CLEVELAND--Judy Martin recites the names of missing people in Cleveland like a well memorized poem. She knows names, dates, last known whereabouts, and details about dozens of cases dating back to 1997.

 

Martin, who founded Survivors/Victims of Tragedy, also says she knows how race and economic status play a role in how police treat cases, including those of three women held captive for years here in an impoverished Cleveland neighborhood.

 

She, along with experts, believe cases involving people of color, low-income residents, and working class victims don't get the same law enforcement resources as others. Officials from the Cleveland Police Department, however, say they did all they could find Amanda Berry, Gina DeJesus, and Michelle Knight and regularly look into missing persons cases without any biases.

 

"When it's somebody of color or someone from in a poorer area, we don't see to get the response that other areas of the country get," said Martin whose nonprofit regularly works with families of victims. "It needs to stop. When a person goes missing, it shouldn't matter whether they're white, black, hispanic, Asian, purple, green or blue."

 

Knight, Berry, and DeJesus were abducted in separate incidents almost a decade ago by Ariel Castro, police said. Castro, who now faces kidnapping and rape charges, kept the three women hostage until Monday when Berry escaped and alerted police.

 

In the years after Berry and DeJesus went missing, Martin, whose son was murdered in 1994, became an advocate for the women's families holding rallies and vigils every week and later every year. At each event, she and the families tried to keep the public aware of the cases while Martin says police brushed off the cases as teenagers who just took off.

 

It's a claim the police fiercely deny.

 

Police say they and FBI investigators devoted extraordinary resources, at times fueled by personal anguish, to pursue every lead in the case.

 

"The Cleveland Police Department doesn't care someone's economic or social status," Police Commander Keith Sulzer said Friday afternoon. "We don't care what status you're from, everybody gets the same treatment."

 

He's insulted that somebody would suggest their services would vary based on race or money--especially in the cases of Berry, DeJesus, and Knight.

 

For a decade, officers searched hundreds of streets, investigated vacant homes, and followed any information they thought might lead to the women, Sulzer said.

 

Thursday night at a community nearby the Seymour Avenue home of Ariel Castro, where the women were found, Sulzer told residents that more than 2,900 people were missing in the city of Cleveland and that families of those missing need actively work with officers to keep the cases going.

 

"If you have a missing person, you need to be on us at all times," he said, adding that if families feel like officers aren't doing enough they should contact the department.

 

Still, Martin maintains that police often assume cases involving people of color and lower income victims involve a person walking away without criminal involvement. She wants protocols that would make it mandatory that officers file a report each time someone says their family member or friend is missing regardless of the person's past, economic status, or race.

 

A similar question arose in 2009 when the bodies of 11 murdered women were found in the Cleveland home of a serial killer. Anthony Sowell specialized in luring poor, drug addicts into his Imperial Avenue home, raping and strangling them.

 

During Sowell's trial, relatives of some of his early victims said police didn't take missing-person reports seriously, and one victim who survived an attack said police didn't believe her when she reported the assault. Sowell was released from jail without charges after the woman's report and went on to kill several others.

 

Journalist and urban planning specialist Angie Schmitt, co-founder of Rust Wire, blogged last month that although the Cleveland Plain Dealer ran "sympathetic" and extensive profiles of the Sowell victims, the paper "never raises the bigger issue. What made these women such easy targets was being black, being women and being from the highly-segregated and desperately poor east side of Cleveland.

 

"This is a story about racism and inequality and sexism and poverty as much, if not more, than it is about drugs and individual lives going astray," Schmitt wrote. "Nobody was going to tear up the city looking for a few black women from the east side with sketchy pasts."

 

Wednesday, Schmitt added context to her views. "There are a lot of very vulnerable people in this city. I don't know if I'd point the finger directly at the city, exactly though. A lot of larger forces are at play."

 

She cited poverty, inequality and significant underfunding for police and city services. Yes, Seymour Avenue is a rundown pothole-ridden street lined by broken sidewalks but, said Schmitt, "a lot of the city looks like this."

 

Contributing: Cathy Lynn Grossman

 

_______________________________________________________________________

 

Oakland, California / Bill Bratton

Oakland police brass in major shakeup

By Matthai Kuruvila — Saturday, May 11th, 2013 'The San Francisco Chronicle' / San Francisco, CA

 

 

A week after a powerful new federal court overseer of Oakland police issued a scathing report about the department's executive leadership, Oakland Mayor Jean Quan and City Administrator Deanna Santana replaced virtually all of those commanders.

 

The overhaul Friday included a demotion to captain of the acting chief, Anthony Toribio, who had held the position for just two days after Police Chief Howard Jordan shocked city leadership when he stepped down, citing health problems.

 

Sean Whent, a 17-year department veteran, was named the new acting chief as the city prepares to conduct a national search for a new chief. Whent has been a deputy chief overseeing internal affairs, risk management and personnel assessment - areas at the center of the decade-old court order on police misconduct the court overseer is trying to enforce.

 

Along with Whent being elevated, three new deputy chiefs with experience in internal affairs were named - meaning that only one of the five top people in the department a week ago remain in their position.

 

 

Meeting with consultants

 

Quan and Santana said they made their decisions after meeting Wednesday afternoon with Thomas Frazier, the federal court-appointed compliance director who began overseeing the department in March, and Robert Warshaw, the long-standing court-appointed monitor.

 

In a report released last week, Frazier repeatedly faulted Police Department executive leaders for various problems, particularly their failure to hold themselves or their subordinates accountable for misconduct.

 

It was unclear whether the staffing changes were suggested or ordered by Frazier - Quan and Santana refused to discuss those details.

 

 

51 reforms

 

Frazier has broad powers to bring the department into compliance with 51 reforms listed in a 2003 court settlement stemming from the police abuse case of a group of rogue officers known as "the Riders."

 

Under an agreement between the city and plaintiffs' attorneys, Frazier was given the power to seek the firing of the police chief and demotions of others in the department. Both Quan and Santana refused to answer whether Frazier wanted Jordan's removal.

 

In a letter to the rank and file on Wednesday, Jordan said he was departing because of a medical condition, which he did not specify.

 

"I take Howard at his word," said Quan. "I think he loved his job. He loved this city."

 

Plaintiffs' attorneys who negotiated the 2003 settlement said the command staff overhaul was essential.

 

Federal court oversight began in 2003 and was expected to last only a few years. But the city has been unable to comply fully with the reforms, and the compliance director was appointed to get that job done.

 

"The people of Oakland have a right to see this come to an end with the department in compliance," said Jim Chanin, an Oakland resident and one of the plaintiffs' attorneys in the case. "If these changes can make that happen, then I am all for them. Something has to be done to get us into compliance."

 

John Burris, an Oakland resident who is the other plaintiffs' attorney involved in the case, said Frazier's report last week made it clear change is needed.

 

"Because of his criticism of the command staff, it only stood to reason that there were going to be changes," Burris said.

 

Frazier has already said he is reopening closed internal affairs investigations. He did not specify the cases, though there have been a number of high-profile shootings by police in recent years, and allegations that unnecessary force was used during Occupy protests.

 

"There should be no comfort level here for officers in terms of what they thought they could get away with in the past," Burris said. "This is a new day."

 

 

Problems detailed

 

In addition to Frazier's report last week, a police consultant group hired by the city issued its report this week that revealed problems with the Police Department's investigation - or lack thereof - of crime.

 

 

The team, led by former New York Police Commissioner William Bratton, reported that:

 

 

-- An investigation team assigned to all of the city's 4,100 robberies last year had one lieutenant, a sergeant and eight investigators. But they only worked day shifts on weekdays - limiting their ability to respond to many crimes.

 

-- There is only one investigator assigned to cover non-gun assaults.

 

-- There was only one part-time investigator assigned to handle 13,000 burglaries in 2012.

 

-- Even though evidence technicians working burglaries have found fingerprint matches on half of prints taken from scenes, more than 200 good prints were never even entered into a database.

 

The Bratton consultants are suggesting a significant restructuring that would create investigative teams in five police districts.

 

 

Turmoil in the Oakland Police Department

 

July 2000 -- Rookie officer Keith Batt, 23, files a report with Internal Affairs that alleges four West Oakland officers who go by the nickname "the Riders" beat suspects, plant evidence and lie on police reports.

 

November 2000 -- Alameda County prosecutors file criminal charges against the four officers, one of whom goes on the run.

 

December 2000 -- A federal lawsuit is filed by 119 plaintiffs claiming the Riders violated their civil rights from 1996 to 2000.

 

January 2003 -- City attorneys sign the Negotiated Settlement Agreement to resolve the federal lawsuit, pay plaintiffs $11 million and agree to complete 51 court-ordered reforms within five years.

 

September 2003 -- A jury acquits three Riders officers of eight charges and deadlocks on 27 others. The judge declares a mistrial.

 

June 2005 -- A second jury fails to convict the officers, and a judge dismisses all charges.

 

January 2007 -- U.S. District Judge Thelton Henderson extends the deadline after finding that OPD has not fully complied with the 51 reforms.

 

July 2009 -- Henderson extends the deadline a second time.

 

January 2012 -- Henderson extends the deadline a third time. He also orders the department to seek approval of all major policing initiatives from independent monitor Robert Warshaw.

 

June 2012 -- Thomas Frazier, a consultant hired by the city to look into the handling of the Occupy Oakland protests, rips the department for its "flawed response" based on "years of diminishing resources, increasing workload and failure to keep pace with national current standards and preferred practices."

 

December 2012 -- Plaintiffs attorneys and the city agree to create a "compliance director" position to ensure that Oakland will comply with all 51 reforms by 2014. The director will have tremendous power, including the ability to seek the firing of the police chief.

 

January 22 -- Responding to rising crime, the Oakland City Council hires former New York police Commissioner William Bratton to develop a crime suppression plan.

 

March 5 -- Henderson appoints Frazier to the position of compliance director, giving Frazier unprecedented authority.

 

May 3 -- Frazier calls for sweeping changes, including spending $1.8 million on training and equipment. He describes a department leadership that fails to supervise officers properly and discipline them when they break rules.

 

May 8 -- Police Chief Howard Jordan abruptly retires. Assistant Chief Anthony Toribio becomes acting chief.

 

May 9 -- Bratton's crime suppression plan reveals problems with the internal structure of the department, including that only one part-time investigator was assigned to handle 13,000 burglaries in 2012.

 

May 10 -- Toribio voluntarily steps down and is demoted to captain. Deputy Chief Sean Whent is named interim police chief.

 

- Compiled by Justin Berton, Chronicle staff writer

 

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Homeland Security

Boston Police, FBI try to smooth over public rift

By JOSH GERSTEIN — Saturday, May 11th, 2013 'Politico' / Arlington, VA

 

 

The Boston Police Department and the Federal Bureau of Investigation are trying to patch things up after getting into what amounted to a public quarrel following a Congressional hearing Thursday exploring information sharing prior to the Boston Marathon bombings last month.

 

At the House Homeland Security Committee hearing, Boston Police Commissioner Ed Davis said he would have liked to have known about an inquiry the FBI conducted in 2011 into the alleged bomber who died in a shootout with police four days after the bombing, Tamerlan Tsarnaev. His statement led several lawmakers to complain about Boston police officers connected to the Joint Terrorism Task Force being kept in the dark by the FBI.

 

The FBI had no witness at the hearing, but FBI Special Agent in Charge for Boston Richard DesLauriers responded a few hours later with a statement saying the Boston officers had access to a database with information on the questioning of Tsarnaev.

 

Late Friday night, the two agencies issued a joint public statement arguing that the dust-up on Thursday was an aberration and suggesting that the press may have exaggerated the scope of the disagreement.

 

"In light of recent media reports, the FBI and BPD want to ensure the public and our community members that our agencies have long had—and continue to have—a close, strong and effective partnership," DesLauriers and Davis said in the statement. "These professional and personal bonds are reinforced every day—from those working the streets to the highest levels of command—as we collaborate on several task forces to serve and protect the citizens of our fine Commonwealth. While some have questioned the level of cooperation and information sharing between our two agencies, question asking should not be confused with a reasonable evaluation of the facts and circumstances surrounding this matter."

 

The public contretemps between the Boston Police and the FBI on Thursday was particularly striking because in the aftermath of the attacks, the two agencies and other law enforcement entities throughout the federal government and greater Boston area had repeatedly emphasized the close interagency cooperation and coordination in responding to the bombings.

 

In Friday night's statement, DesLauriers and Davis underscored that such harmony was the rule and helped lead to the quick identification of suspects in the attacks.

 

"During the bombing investigation, an enormous amount of information and intelligence was fully shared, and that sharing resulted in the identification and apprehension of two individuals within 101 hours of the attack on the Boston Marathon. That information sharing was reflective of our long-standing collaboration," the two officials said.

 

"As stated on several occasions, one team—one fight. The cooperation and collaboration between our agencies during the attack was unprecedented in our state's history. In the days since the attack, an already strong relationship has only grown stronger. We stood side by side before the attack and throughout the days after the attack; we stand side by side now and will do so in the future," they added.

 

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Boston & Local Police Intelligence: an FBI Statement and a Response from Faiza Patel

By Matthew Waxman — Friday, May 10th, 2013; 5:32 p.m. 'Lawfare.Com' / Brookings Institution / Washington, DC

 

 

Earlier today I posted a commentary on "Boston Bombings: Local Police and Counterterrorism Intelligence," based on reported claims that the FBI failed to pass on important threat information to the Boston Police Department, and further reported claims that — if true — this points to a need for greater information sharing.  My main point was that in thinking about the lessons of the Boston Bombings for domestic counterterrorism intelligence, we should be focused less reflexively on the usual issue of info-sharing and more on questions of whether and how local police collect counter-terrorism intelligence, what role they play in analyzing and filtering it, and what local police do with information that's shared by federal agencies. 

 

After the jump are two important statements, along with my short comments.  First is a statement from the FBI regarding information sharing and the Boston case.  Second is a critical response to my post from Faiza Patel of the Brennan Center for Justice, which has done a lot of work in this area.

 

 

First, here's the FBI's statement:

 

Joint Terrorism Task Force (JTTFs) members, including the state and local members, are responsible for maintaining awareness of possible threats to their respective jurisdictions. To manage and provide accessibility to the significant number of assessments conducted by the JTTF, each task force member has access to Guardian, a web-based counterterrorism incident management application that was launched in July 2004. In Guardian, threat and suspicious activity incidents are entered, assigned, and managed in a paperless environment and allows terrorist threats and suspicious activities to be viewed instantaneously by all system users. The primary purpose of Guardian is to make immediately available threat and suspicious activity information to all system users and to provide all users with the capability to search all incidents for threat trend analysis.

 

Further, all JTTF members are able to perform customized key word searches of Guardian to identify relevant assessment activity. Boston JTTF members, including representatives from the Boston Police Department (BPD), were provided instruction on using Guardian, including suggestions on methods for proactively reviewing and establishing customized searches, which would allow them to be fully informed of all JTTF activity that may affect Boston and the Commonwealth of Massachusetts. Guardian allows for the necessary accessibility and awareness that otherwise would be unfeasible given the number of assessments that are conducted by the JTTF on a regular basis.

 

Many state and local departments, including the BPD, have representatives who are full-time members of the JTTF, and specifically had representatives assigned to the JTTF squad that conducted the 2011 assessment of deceased terrorism suspect Tamerlan Tsarnaev. As set forth by law and policy, assessments may be carried out to detect, obtain information about, or prevent or protect against federal crimes or threats to the national security or to collect foreign intelligence when the information provided to the FBI does not rise to a level that would allow for the opening of a predicated investigation. By their very nature, and in accordance with U.S. constitutional restrictions, JTTF members are limited in the types of investigative methods that can be utilized in an assessment.

 

In 2011 alone, the Boston JTTF conducted approximately 1,000 assessments, including the assessment of Tamerlan Tsarnaev, which was documented in the Guardian database. The Tsarnaev assessment was thorough, comprehensive, and fully compliant with law and policy.

 

While sponsored by the Federal Bureau of Investigation (FBI), JTTFs are composed of federal, state, local, and tribal personnel and are based in more than 100 cities nationwide, including Boston. The JTTF is a collaborative environment that allows for the completely unrestricted flow of investigative information among task force members. Importantly, the purpose of sharing information freely is to create a force multiplier by enabling state, local, and federal officials to participate in the intelligence cycle by gaining awareness of activity that may affect their respective jurisdictions and then providing any information from their own records that might assist in the further analysis and investigation of potential terrorists. Further, fusion centers—entities separate and apart from JTTFs—are designed to provide terrorism-related information to the JTTFs for possible investigative purposes.

 

 

Just as I'm skeptical that information-sharing is the key lesson in the Boston Bombing case, I'm skeptical that existing JTTFs, vast databases, and Fusion Centers are well designed to effectively integrate local police into a national counterterrorism intelligence architecture.  As my Columbia Law School colleague Dan Richman presciently wrote several years ago, for example:

 

 

When it comes to actually collecting intelligence, the contribution by local police forces to the national counterterrorism effort cannot be limited to that of officers designated to work with federal agents in the Joint Terrorist Task Forces. The JTTFs are now proving good vehicles for operational coordination in raids, undercover stings, and intensive surveillance. … But a broad intelligence-collection effort will require a range of contacts between officials and community members far more extensive than any federal agency or task can provide. …  Simply put, no federal outreach effort can substitute for the quality and quantity of contacts that local police officers have within the neighborhoods they serve. And the federal government must do far more to reach a modus vivendi with these departments that fully comprehends, and indeed profits from, their order-maintenance and crime-fighting responsibilities. … [T]he same channels used to pass local intelligence up to the feds (and federal intelligence back down) should also be used to pass along local concerns (parochial and political) about federal counterterrorism tactics.

 

 

Second, here's Faiza Patel's response to my original post:

 

I agree with Matt that the role of state and local law enforcement agencies in the counter-terrorism architecture needs serious attention. We differ, however, in our assessment of how local cops can best be useful be in preventing terrorist plots.

 

State and local police are involved in counterterrorism in at least three, sometimes overlapping, ways. For many police departments, the bulk of counterterrorism work is conducted through fusion centers. When officers come across activity that they deem "suspicious" – which could be photography, looking through binoculars, and taking notes  – they record the information. It is then funneled to a nearby "fusion center," assessed and fed into federal databases. In other words, the police create "dots" that might prove useful, which are then aggregated and disseminated by fusion centers. To date, however, there is no indication that the "dots" collected and passed along have served any counterterrorism purpose. DHS has not kept track of the utility of the system (their best guess of the cost, by the way, is somewhere between $289 million to $1.4 billion thus far). Last year, however, a bipartisan, two-year Senate investigation concluded that fusion centers have routinely produced "irrelevant, useless or inappropriate" intelligence that endangers civil liberties and have not contributed to disrupting a single terrorist plot.

 

A second tactic – most famously employed by the New York City Police Department – is to infiltrate and monitor the American Muslim community which is considered to be the most important source of threats. Not only does this tactic raise serious constitutional and legal concerns, but there is little evidence that it is effective. Claims that police thwarted 14 terrorist plots against New York have been hotly disputed, and were further undermined when the commanding officer of the NYPD Intelligence Division testified that that a key part of their program, the Demographics Unit, produced no actionable intelligence in at least the past six years. The FBI and other major police departments have sought to distance themselves from the NYPD's tactics. And, since the extent of the NYPD's intelligence operations became public, there has been a noticeable cooling of relations between the police and community leaders, which risks undermining critical counterterrorism cooperation.

 

The third way local cops function in the counterterrorism endeavor is by building relationships with American Muslim communities in the hope that they will report terrorist plots. As Matt has pointed out, building relationships of trust while conducting surveillance operations is a delicate dance. Beyond that, however, we need to be careful about exactly what we expect people to report. American Muslims have been enormously helpful in reporting criminal activity to law enforcement, with studies estimating that some 40% of terrorist plots since 9/11 were foiled with help from the community. But can we really expect ordinary citizens to pick up on ideological clues about whether or not someone is going to become a terrorist? At this time, there is no consensus within intelligence agencies or the social science academy about whether we can even identify the "signature words and behaviors of those who turn to violence," much less what those indicators might be.

 

So, yes we need to think about how state and local law enforcement is incorporated into counterterrorism efforts. But we should do so with a clear-eyed understanding of the limits of what local police can contribute and recognizing the risks to their relationships with the communities they serve.

 

I am actually in agreement with much of what Patel says here.

 

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Unaware Of Tsarnaev Warnings, Boston Counterterror Unit Tracked Protesters

By Mel Fabrikant  — Saturday, May 11th, 2013 'The Paramus Post' / Paramus, NJ

 

 

In the fall of 2011, a key Boston police counterterror intelligence unit -- funded with millions of dollars in U.S. homeland security grants -- was closely monitoring anti-Wall Street demonstrations, including tracking the Facebook pages and websites of the protesters and writing reports on the potential impact on "commercial and financial sector assets" in downtown areas, according to internal police documents.

 

The police monitoring of the activities of Occupy Boston -- an off-shoot of the Occupy Wall Street protests that swept the country in 2011 -- came during a period after the U.S. government received the second of two warnings from the Russian government about the radical Islamic ties of alleged Boston Marathon bomber Tamerlan Tsarnaev.

 

Boston Police Commissioner Ed Davis told a congressional panel Thursday that his department was never alerted by any federal agency to the information about Tsarnaev, but added that it was "hard to say" whether it would have made any difference in preventing the bombing. FBI officials have insisted that the intelligence about Tsarnaev was vague and uncorroborated and that their own assessment at the time produced no "derogatory" information that justified opening a full-scale investigation.

 

But the internal Boston police documents, recently obtained by a civil liberties group, could raise fresh questions about the role of Homeland Security-funded "fusion centers" like the Boston Regional Intelligence Center, or BRIC, which conducted the monitoring. The Boston unit is one of 72 such units set up to collect, analyze and share intelligence about potential terror threats. While Homeland Security Secretary Janet Napolitano has called the units "one of the centerpieces" of the nation's counterterrorism efforts, congressional critics have questioned their effectiveness and accused them in some cases of writing "useless" reports that infringed on civil liberties.

 

"They were monitoring completely lawful activities," said Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice, a civil liberties group that recently obtained the documents on the BRIC's monitoring of Occupy Boston under the Freedom of Information Act. She said the BRIC monitoring was an example of the "vast expenditure of government money" to collect intelligence on activities unrelated to terrorism, in violation of First Amendment rights.

 

A Boston police spokeswoman said the department has changed its reporting procedures since the monitoring of the protests and emphasized that the BRIC is "about a lot more than terrorism."

 

A Homeland Security official declined comment, saying the BRIC, like other fusion centers, was "locally owned and operated." But the official noted that, just five days before the marathon bombing, the BRIC did produce an assessment for the event that, while concluding there was "no specific" or "credible" threat information, advised that "officials should be aware of a range of potential terrorist threats, from scattered unsophisticated attacks to dispersal of chemical or biological agents." The assessment also identified the marathon finish line — where the bombing took place — as well as Fenway Park as "an area of increased vulnerability."

 

The internal police documents about the activities of the BRIC show that on Sept. 30, 2011 — just two days after the second Russian warning about Tsarnaev was sent to the CIA — the Boston police unit was focused on an upcoming "Take Back Boston Rally" planned for the city's Dewey Square.

 

"Approximately 100 people are listed as attending the Take Back Boston Rally on the event's Facebook page and Occupy Boston organizers are encouraging people to attend it as well," reads one BRIC report written by a U.S. homeland security official on Sept. 30, 2011. "The BRIC has received information that approximately 700 people will participate in the Take Back Boston march, with approximately 100 people staying to camp out as part of Occupy Boston."

 

A follow-up report, three days later, tracked the number of protesters, noting that "the size of the camp in Dewey Square has steadily grown over the weekend" and that "according to the group's website" the demonstrators were planning two marches, including one to a "local media station, very likely to be Fox News Boston on Beacon Hill."

 

Verheyden-Hilliard, whose group obtained the documents, said it was not surprising that the BRIC would be reporting such information since later documents appear to show Homeland Security officials requesting such data. In one "Daily Intelligence Briefing," dated Oct. 21, 2011, the "Threat Management Division" of Homeland Security's Federal Protective Service outlines a "template for creating the daily intelligence brief for your region" and then cites a "list of events we want to request" that officials submit "for daily briefing information." Among the categories, in addition to reporting on domestic terrorist acts and "significant criminal activity" is one called "Peaceful Activist Demonstrations."

 

In his testimony Thursday, Commissioner Davis acknowledged to a House committee that his department, which runs the BRIC, was never provided any of the intelligence from the FBI and CIA that Tsarnaev, a resident of Cambridge, had been twice flagged by the Russians as an Islamic radical with ties to "underground" groups in that country.

 

"We were not aware of the two brothers," Davis said in response to questioning by Rep. Mike McCaul of Texas, chairman of the House Homeland Security Committee. "We were not aware of Tamerlan's activities."

 

Davis acknowledged that police counterterrorism detectives were assigned to an FBI Joint Terrorism Task Force (JTTF) -- a separate unit from the Homeland Security fusion centers that serves as the government's primary investigative arm for probing terror threats. An FBI agent at the Boston JTTF conducted an "assessment" of Tsarnaev in 2011 after the first warning about his ties was sent by Russia's FSB intelligence service. The assessment found no "derogatory" information about Tsarnaev that justified conducting a formal investigation. Later information about Tsarnaev included a second Russian warning to the CIA on Sept. 28, 2011.

 

But while Boston police had access to the JTTF's classified database, Davis said that his own officers assigned to the task force were never specifically alerted to any the information about Tsarnaev. "They tell me they received no word about that individual prior to the bombing."

 

FBI spokesman Jason Pack said Thursday that state and local members of the JTTF are "responsible for maintaining awareness of possible threats" in their areas and could have performed "customized key word searches" of the FBI database that would have yielded the information about Tsarnaev.

 

NBC News researcher Taylor Sears contributed to this report.

 

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                                                          Mike Bosak