Saturday, July 13, 2013

Kelly's Name Put Forward for Homeland Security Spot (The Wall Street Journal) and Other Saturday, July 13th, 2013 NYC Police Related News Articles


Saturday, July 13th, 2013 — Good Morning, Stay Safe


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Kelly's Name Put Forward for Homeland Security Spot
Sen. Schumer, Rep. King Back Police Commissioner to Replace Napolitano

By JOSH DAWSEY — Saturday, July 13th, 2013 ‘The Wall Street Journal’ / New York, NY



Sen. Chuck Schumer on Friday urged President Barack Obama to pick Ray Kelly as his next Department of Homeland Security secretary, mere hours after Janet Napolitano said she was stepping down to lead the University of California system.


Mr. Kelly, New York City's police commissioner, would make a fine pick because of his experience running Customs and Border Patrol and his understanding of antiterrorism efforts, Mr. Schumer said in a brief call to White House Chief of Staff Denis McDonough on Friday morning.


"Chuck has always loved Ray Kelly," said Max Young, the senator's spokesman. "He recommended Ray Kelly for FBI director once before. It's going to be an opening, so we want the White House to consider him."


It was unclear whether Mr. Kelly had any interest in the job. "No, nothing to add," police spokesman Paul Browne wrote in a text message.


Mr. Young said he wasn't sure if Mr. Schumer, a Democrat, approached Mr. Kelly before making the call to the White House. A spokesman for the White House declined to comment on potential nominees for the job.


Mr. Kelly, 71, has drawn wide praise as police commissioner for the city's decrease in crime but has faced sharp criticism for the police force's "stop-and-frisk" policies, which have become a hot-button issue in the city's mayoral campaign.


Democratic candidate Anthony Weiner said he backed the idea of the commissioner being homeland security secretary.


Christine Quinn said she'd prefer to keep Mr. Kelly as police commissioner. A spokeswoman for Bill Thompson said he had no comment on the speculation, and a spokeswoman for Republican front runner Joe Lhota didn't immediately respond to a request for comment.


—Ted Mann and Pervaiz Shallwani contributed to this article.


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COMMENTS:  Why it won't happen:  First,  let's remember that a couple of years ago Chucky was pushing Kelly to Obama to succeed Robert Mueller as FBI director. That never happened.


Then there are some apparent conflicts with Kelly taking this job with the feds.  Two I can think of right off the top of my head:


The Department of Justice is suing the NYPD over Bloomberg and Kelly's “stop, question and frisk” policy, and Kelly also has his own little alleged profiling controversy going with Counterterrorism investigations into Muslim mosques and student leaders.


Third, Bloomberg gives Kelly carte blanche, Washington won't.  And Kelly’s got a huge ego; he always has to be totally in control.


On the other hand, it's Kelly's chance to bow out with some dignity if Scheindlin's S/Q/F decision doesn't go Ray's way, and if the Community Safety Act passes as law.  And things aren't looking too good for him (or the department) in respect to those issues.  - Mike Bosak




U.S. Homeland Security Chief Janet Napolitano to resign, Sen. Schumer pushes for NYPD Chief Ray Kelly as her replacement
Homeland Security Secretary Janet Napolitano is resigning to take a senior posting in the University of California system.

By Dan Friedman  AND Joseph Straw  — Saturday, July 13th, 2013 ‘The New York Daily News’



WASHINGTON - Homeland Security Secretary Janet Napolitano is resigning after four years to become president of the University of California system, the Obama Administration said Friday.


Napolitano was the third person to lead the Department of Homeland Security, which was created a decade ago in response to the 9/11 attacks.


No replacement has been named, but Sen. Chuck Schumer (D-N.Y.) said he called the White House urging that long-time New York City Police Commissioner Raymond Kelly be considered for the position.


"The Department of Homeland Security is one of the most important agencies in the federal government," Schumer said in a statement Friday. "It's leader needs to be someone who knows law enforcement, understands anti-terrorism efforts, and is a top-notch administrator, and at the NYPD, Ray Kelly has proven that he excels in all three."


Napolitano, 55, a New York City native, was governor of Arizona before President Obama nominated her to the homeland security post - a position that put her in the middle of national debates about immigration policy, national security and domestic police agencies sharing information.


The failure of such information-sharing became an issue in the aftermath of the failed Christmas 2009 "underwear" bombing attempt that targeted a Detroit-bound airliner. Napolitano's greatest gaffe came after the plot, when she claimed that "the system worked" in the case, although investigations revealed gaps in the vetting of airline passengers and security screening overseas.


The case led to the expansive deployment of controversial full-body scanners at U.S. airports to spot concealed bombs, a move that contributed to conservative journalist Matt Drudge labeling Napolitano "Big Sis," a term she's jokingly said that she likes.


Napolitano's departure from the agency responsible for border security comes with immigration reform - a top priority of the Obama Administration - now before Congress.


She oversaw a dramatic increase in border enforcement and apprehensions, but also oversaw releases of detained undocumented immigrants and the removal of so-called "dreamers," undocumented immigrants brought to the U.S. as children.


In a statement, Obama thanked Napolitano for her "outstanding work on behalf of the American people over the last four years," including her response to Hurricane Sandy in 2009.


"I've come to rely on Janet's judgment and advice, but I've also come to value her friendship. And as she begins a new chapter in a remarkable career of public service, I wish her the best of luck," he said.


In her own statement, Napolitano said that under her tenure the agency has "improved the safety of travelers; implemented smart steps that make our immigration system more fair and focused while deploying record resources to protect our nation's borders," and improved emergency management and cybersecurity."


"I thank President Obama for the chance to serve our nation during this important chapter in our history, and I know the Department of Homeland Security will continue to perform its important duties with the honor and focus that the American public expects."


Mayor Bloomberg and his police commissioner issued statements praising Napolitano for maintaining federal counterterrorism funding to New York.


"Janet Napolitano played a vitally important role in protecting our country from terrorist attacks. Time and again, Secretary Napolitano recognized that homeland security funding must be based on threat, and threat alone. When funding was reduced for critical homeland security programs across the country, Secretary Napolitano made the politically difficult decision to maintain level funding for the NYPD because she recognized that New York City remains a top terror target," Bloomberg said.


In his statement, Kelly said, "Secretary Napolitano never lost sight of the fact that New York City was on the top of the terrorist target list and acted accordingly in funding important initiatives, including Securing the Cities. She performed a great public service not only for New York City but for the nation at large."




Chuck: Hire Kelly
Homeland Security gig

By GEOFF EARLE — Saturday, July 13th, 2013 ‘The New York Post’



WASHINGTON — Janet Napolitano is leaving her job as head of Homeland Security, and Sen. Charles Schumer is pushing President Obama to replace her with NYPD boss Ray Kelly.


Napolitano, the former Arizona governor, is leaving to run the sprawling University of California system, the Obama administration announced yesterday.


Almost immediately, Schumer — a powerhouse on immigration issues who met with Obama the day before the announcement — trumpeted his support for Kelly.


Schumer even called Obama’s chief of staff, Dennis McDonough, to make a pitch.


The agency’s leader “needs to be someone who knows law enforcement, understands anti-terrorism efforts, and is a top-notch administrator, and at the NYPD Ray Kelly has proven that he excels in all three,” Schumer said.


Schumer spoke to Kelly yesterday morning, hours before sending out a release calling the NYPD leader “the man for the job,” a Schumer aide told The Post.


“Commissioner Kelly didn’t say yes, and he didn’t say no,” the aide said.


That would indicate that Kelly had a chance to shoot down speculation as a possible Napolitano successor and didn’t.


Kelly did not immediately respond to requests for comment.


Schumer has floated Kelly’s name before for FBI director.


Kelly has resisted entreaties from top Republicans to run for mayor this year, and on Thursday said he will not run for any elected office.


White House press secretary Jay Carney, asked about Schumer’s pitch, said it was “far too premature” to speculate on a successor to Napolitano.


Kelly is a popular figure who once ran the border patrol under President Clinton and oversaw enforcement agents at the Treasury Department.


He has strong bipartisan relationships that could help him get through the Senate, where the two parties are at war over confirmations.


“Opposing a guy who has thwarted 16 terror attacks [in New York] is a tough thing to do,” said one Senate insider, who predicted that the only potential difficulties for Kelly might be the NYPD’s “stop-and-frisk” methods and surveillance of Muslim communities.


Bernard Kerik, the last police commissioner up for the Homeland Security job, had to bow out after President George W. Bush nominated him and a range of misdeeds surfaced during the vetting process.


Napolitano sometimes drew the ire of conservatives, getting mocked by the Drudge Report web site over government intrusions as “Big Sis.”


“Whoever replaces Secretary Napolitano must restore the rule of law, as well as the morale of [immigration] officers which has plummeted under her tenure,” said Sen. Jeff Sessions (R-Ala.), who fumed about her enforcement of the administration’s nondeportation orders.


“Now is a good time for Congress to consider dismantling the monstrous Department of Homeland Security and replacing it with a smaller security-focused entity that is realistically capable of connecting the dots of threats posed to our national security,” said Rep. John Mica (R-Fla.).


As The Post reported last summer, Napolitano first said she was considering stepping down after a top-ranking immigration aide left the agency following salacious accusations of a hostile work environment toward men.




Opinions:  Pro and Con


Saturday, July 13th, 2013 ‘The New York Post’ Editorial:


Everybody loves Ray
(Drinking the Kelly Kool-Aide)



If you were Ray Kelly, why wouldn’t you take the top job at Homeland Security?


That’s the question now that Sen. Chuck Schumer has advised President Obama to appoint Kelly to take the place of departing Homeland Security chief Janet Napolitano. In a phone call to the White House chief of staff, Dennis McDonough, Schumer said Kelly would make the perfect replacement, because he “knows law enforcement, understands anti-terrorism efforts and is a top-notch administrator.”


No argument there.


But why would Kelly leave the job he’s done so well for the past dozen years? Chalk it up to Gotham’s stunted politics. Right now there’s little incentive for one of New York’s most successful police commissioners not to move on.


Of the 10 mayoral hopefuls, only Christine Quinn and John Catsimatidis say they’d keep Kelly on as commissioner come January. And Quinn now says that if Kelly doesn’t sharply reduce his use of stop-and-frisk, she’d fire him. (Anthony Weiner says he’d offer Kelly a different job.)


Indeed, what unites the Democratic mayoral candidates is that they are all looking to change the way the NYPD has conducted police work under Kelly. Never mind that he’s helped lower crime to record levels. Among their criteria for a police commissioner, success apparently doesn’t rank high on the list.


Not that Kelly is Obama’s first choice. Though he’s held other federal posts — including at Treasury and the Customs Service — hiring Kelly might bring its own embarrassment. How, for example, would the president explain appointing as secretary of Homeland Security a man whose police practices have led Obama’s attorney general to call for a court-appointed monitor?


No doubt Kelly will have many tempting offers, which he has earned, to leave. Pity we don’t see equally enthusiastic efforts to persuade him to stay.




Stop Ray Kelly from leading Homeland Security Department 
With Janet Napolitano stepping down, some are pushing for the NYPD commissioner to take over. That's a scary idea

By David Sirota — Friday, July 12th, 2013  ‘Salon Magazine’ / San Francisco, CA

(Op-Ed / Commentary)



If you thought Big Brother couldn’t possibly get bigger, and if you thought this Dr. Strangelove era couldn’t possibly get any Strangelovier, welcome to the debate over the next head of the Department of Homeland Security.


In the midst of disclosures about the Obama administration’s sprawling — and likely illegal — national security state, the news today is that current Secretary Janet Napolitano is stepping down and that senior Democratic Sen. Chuck Schumer is pushing New York City police commissioner Ray Kelly to fill the position. And predictably, from their green room couches, elite media blowhards are already frantically cheering on a potential Kelly nomination.


Lost in the noise is the fact that in the midst of disclosures about the Obama administration’s sprawling — and potentially illegal — national security state, a Kelly nomination would put a national surveillance apparatus fit for a sci-fi satire in the hands of a comic-book-worthy thug.



Five parts of the police commissioner’s record paint a picture of Kelly that seems almost too cartoonish to be accurate. But, alas, it is Kelly’s undisputed record:


1. Kelly is the man behind New York City’s brutish stop-and-frisk program. According to New York state legislators, Kelly defends the program’s disproportionate targeting of people of color by insisting that it is specifically designed to “instill fear in them.” Read much more on the practice here.


2. Kelly has helped oversee a collusion between law enforcement and tech companies for the creation of an unparalleled surveillance regime in New York City. As CNN reported, the “crime monitoring system — developed with Microsoft — designed to allow law enforcement to better collect data and review the city in real time, using a collection of cameras, license-plate readers and other resources.


3. Kelly forged an unprecedented — and possibly illegal — program allowing the Central Intelligence Agency to embed itself in the NYPD for the purpose of domestic surveillance. Despite the CIA being statutorily barred from conducting surveillance inside the United States, Kelly has loyally defended the program.


4. Kelly created a program to target New York’s Muslim community for mass surveillance.


5. Kelly insists that law enforcement authorities should be shielded from independent public oversight. Yes, that’s right, when confronted with a proposal to follow other cities and create an independent police monitor, Kelly blowtorched the proposal.



Consider this record, and then consider it backed by the resources of not just the New York City police department, but the entire federal Department of Homeland Security. That’s what a Kelly nomination to head DHS would represent.


As mentioned before, coming in the context of an already-out-of-control national security state, it’s the stuff of a 21st century Strangelove flick. Only it wouldn’t be satire — it would be real life.




Another Communications Div. ICAD  ‘Cluster F__k’   / Deadly Fire Confines of the 45 Precinct


Bronx house fire kills 1, injures Ramon Velez and 2 other family members
His wife, Ketty Lamarche, found unconscious on the third floor of the Schuylerville home, was pronounced dead at Jacobi Medical Center. 911 call took 5 minutes to go to fire dispatcher.

By Casey Tolan,  Joe Stepansky AND Larry McShane  — Saturday, July 13th, 2013 ‘The New York Daily News’

(Edited for brevity and NYPD pertinence) 



Three generations of a prominent Bronx family were ravaged by a raging house fire that left one woman dead, her husband critically injured and two relatives fighting for life.


A raging house fire devastated the family of late Bronx power broker Ramon Velez, killing his daughter-in-law and leaving his son and two other relatives clinging to life early Friday.


A 911 operator mishandled the first emergency call about the blaze, delaying the FDNY response, said NYPD Deputy Commissioner Paul Browne.


The call came in at 3:45:25 records show, and the operator spent 90 seconds trying to pinpoint the burning home's location instead of conferencing a fire dispatcher in on the call. And the call was then held for another two minutes - for unknown reasons.


It didn't get sent to a fire dispatcher until 3:50:29, a full five minutes later, according to the log.


A second 911 call from a different person came in at 3:53 a.m., and that one was handled properly, Browne said.


"That call was handled responsibly. The department is investigating as to why that didn't happen with the first call," he said.



Bx. blaze shock   

Tragedy hits

By LORENA MONGELLI and DANIEL PREDERGAST — Saturday, July 13th, 2013 ‘The New York Post’

(Edited for brevity and NYPD pertinence) 



A nasty blaze early yesterday ravaged the family of late Bronx power broker Ramon S. Velez, leaving his daughter-in-law dead and his son and two others in critical condition.


Enriqueta Velez, 55, was pronounced dead at Jacobi Medical Center, police sources said. Her husband, Ramon Velez Jr. — the son of the poverty-program baron — is in critical but stable condition along with the dead woman’s 75-year-old mother, Martha Morales, and 5-year-old granddaughter Reyna.


The blaze started just before 4 a.m. on the second floor of the Swinton Avenue home in Throggs Neck as the family slept, according to the FDNY.


Meanwhile, the 911 dispatcher who took the initial call about the fire didn’t follow “normal protocol,” NYPD spokesman Paul Browne said in a statement last night.


The dispatcher waited about two minutes after hanging up to call the FDNY instead of immediately alerting a fire dispatcher, Browne said — and added that the NYPD is investigating.




Former PSA #6 P.O. Isaias Alicea


Ex-Officer Sentenced for Lying About a Drug Sale

By RUSS BUETTNER — Saturday, July 13th, 2013 ‘The New York Times’



A former New York City police officer displayed a mix of defiance and tears on Friday as he begged a judge not to send him to jail for falsely saying he witnessed a drug sale and for arresting an innocent man.


The former officer, Isaias Alicea, proclaimed his innocence, despite having been convicted in May of 10 felony counts of filing a false instrument, and spoke through tears about his difficulty supporting his family since he was fired.


“I’m a good dad to my 3-year-old daughter, and I’m engaged,” Mr. Alicea said. “I had truly nothing to gain from this, and I’ve lost so much already.”


Justice Patricia Nunez, of State Supreme Court in Manhattan, sternly rebuked Mr. Alicea and sentenced him to six months in prison, as a prosecutor had requested.


“I must say, I am unmoved by your tears, sir,” the judge said. “That you are sitting here and denying guilt is an insult to the truth.”


Mr. Alicea said he saw two men involved in a drug sale in a lobby of a housing project, the Manhattanville Houses, on Feb. 19, 2012. But the prosecutor assigned to the case requested surveillance video from the lobby that showed the two men never coming into contact with each other.


As a result, a drug charge against one of the men, Makibu Francis, was dropped. The other man, Willie James, who did not live in the project, pleaded guilty to criminal trespass and was sentenced to 30 days in jail.


“Thank God for that videotape because Mr. Francis might be sitting in state prison” otherwise, the judge said. “Your actions were a deliberate violation of someone’s rights, an innocent person’s rights.”


Julio Cuevas Jr., the assistant district attorney who prosecuted the case, reminded Justice Nunez that Mr. Alicea’s record included a previous violation of someone’s constitutional rights just months before the arrests. In that earlier case, Mr. Alicea pleaded guilty to administrative charges of unlawfully entering and searching a Brooklyn home. He was transferred to Manhattan soon after.


Mr. Alicea, who was fired after his conviction, joined the Police Department in 2006 and was known among colleagues for making a lot of arrests.


He had been free since his arrest in January. He arrived in court alone, wearing a light gray suit and carrying a black gym bag. After the sentence was announced, court officers handcuffed him and led him to a holding cell.




2 teens charged in July 4 cop shooting
Officer Jamil Sarwar struck by ricochet bullet

By Thomas Tracy  — Saturday, July 13th, 2013 ‘The New York Daily News’



Authorities have charged two teen gunmen involved in the July 4 shooting of a Brooklyn cop — but neither is believed to have fired the bullet that wounded the rookie NYPD officer, sources said Friday.


Jordan (Boogie) Fields, 17, and Treyvon (Trigga) Stokes, 15, were charged with attempted murder, sources said.


They are reputed members of the Frontside crew, an offshoot of the Bloods street gang.


Sources say the duo blasted away at three members of the Backside crew, who are affiliated with the Crips, outside of East New York’s Cypress Hills Houses on July 4.


Police Officer Jamil Sarwar, 30, and his partner Javier Solos were responding to the shooting, officials said.


Sarwar was struck by a ricochet and released from the hospital the following day.




NYPD $$ Lawyer Lotto $$ ‘Giveaways’


NYPD detectives sued for $15 million by construction worker who spent nearly four years in prison for stickups he didn’t commit
'The police work was very sloppy,' Martin Nnodimele was convicted in 2008 of two robberies. 'This could have happened to anyone. It was a nightmare being in prison. I thought my life was over.'

By John Marzulli  — Saturday, July 13th, 2013 ‘The New York Daily News’



A construction worker who spent nearly four years in prison for stickups he didn’t commit filed a $15 million lawsuit against the NYPD detectives he claims framed him.


Martin Nnodimele was convicted in 2008 of robbing Visio Optics in midtown and Caravan clothing store in the East Village the prior year, based largely on surveillance video from the heists and the detectives’ contention that when shown a wanted poster with the bandit’s picture, Nnodimele replied: “That’s me.”


But Manhattan District Attorney Cy Vance Jr.’s conviction integrity unit reviewed Nnodimele’s case last year and concluded proof of his guilt had been “compromised” and dismissed the indictment, according to the suit filed in Brooklyn Federal Court.


A source familiar with the investigation said Nnodimele looked “exactly” like the perp in the video.


Nnodimele’s lawyer Joel Rudin said the detectives fabricated the statement that he recognized himself in the picture, and also withheld important evidence from the grand jury, including the fact that two witnesses did not identify Nnodimele in lineups.


After Nnodimele’s arrest, police reports describing the perpetrator as 5-feet-6-inches tall were amended to 5-feet-8-inches to conform with his height, according to court papers.


“The police work was very sloppy,” Nnodimele, 52, told the Daily News. “This could have happened to anyone.


“It was a nightmare being in prison. I thought my life was over.”


Nnodimele’s reversal of fortune is the third conviction tossed out by the D.A.’s panel since it was created in 2010. A spokesman for the office declined to give details on the other two cases. The panel is comprised of senior members of Vance’s staff, former prosecutors and legal scholars.


“This is an all too common type of case where the police thoughtlessly arrest the first convenient target and prosecutors make the case stick even though the evidence doesn’t fit,” Rudin said. “The result is that a clearly innocent man lost four years of his life to prison.”


A city Law Department spokeswoman said the allegations in the lawsuit will be reviewed.






Boro’s CCRB complaints drop in 2012

By Rich Bockmann — Saturday, July 13th, 2013 ‘The Queens Times Ledger’ / Queens



The number of complaints filed with the independent body investigating allegations of police misconduct dropped slightly in the borough last year, with areas of southeast Queens continuing to account for the lion’s share.


The Civilian Complaint Review Board, a body of 13 non-NYPD members that investigates claims against officers, reported 895 complaints in Queens in 2012, down 16 complaints from the previous year.


The board’s jurisdiction gives it the authority to look into allegations of excessive force, abuse of authority, discourtesy or the use of offensive language.


Since 2008, no two precincts have combined for more complaints than downtown Jamaica’s 103rd Precinct and South Jamaica’s 113th.


There were 98 complaints out of the 103rd last year, when police stopped almost 13,000 people. In the 113th, there were 100 complaints. The precinct made almost 9,000 stops in 2012.


Elmhurst’s 110th Precinct (38 complaints) and its neighbor to the north, the 115th (55 complaints), each saw 18 fewer complaints last year. The 110th had a little more than 9,000 stops, while stops in the 115th dropped 55 percent last year to a few more than 8,000.


Astoria/Long Island City’s 114th Precinct saw an increase of 18 complaints to 81 amid about 8,500 stops.


Last year, the NYPD reached an agreement by which it would hand over prosecutorial power in administrative trials to the CCRB in instances where the board found police misconduct.


“Important elements of the agreement will bring transparency to the disciplinary process, increasing public confidence that officers who commit misconduct will be subjected to vigorous and effective prosecution,” CCRB Chairman Daniel Chu, a former prosecutor in the Queens district attorney’s office, said.


The CCRB’s prosecution unit officially took over last April, though the police commissioner still retained the legal authority to discipline officers.


Members of communities where relations with police are strained have long been frustrated with what they see as a board lacking meaningful authority.


“I think the CCRB historically is a phenomenal idea. It just doesn’t have the teeth, the level of enforcement,” said Rosedale attorney Jacques Leandre. “One of the things we found is that by making a complaint there’s some kind of record.”


Leandre advises community members on what to do when stopped by police, and he said often people are not in the right state of mind after a stop to think to take down an officer’s badge number or get the other information necessary to file a credible complaint.




Washington, D.C.


Black Capitol Police officers file amended lawsuit

By ERIC TUCKER (The Associated Press)  —  Friday, July 12th, 2013; 5:49 p.m. EDT



WASHINGTON (AP) — Dozens of current and retired black officers with the U.S. Capitol Police submitted an amended complaint against the agency this week, the latest filing in a discrimination and retaliation lawsuit that dates back more than a decade.


The updated lawsuit, filed in federal court Wednesday, largely restates earlier allegations of a racially hostile work environment in the agency responsible for protecting members of Congress and safeguarding congressional buildings. But the new complaint includes a significantly pared-down number of plaintiffs, with just 72 remaining out of the more than 300 who initially brought the case in 2001.


Seventeen of the original plaintiffs have died, and others either dropped out of the case or did not meet the stringent jurisdictional requirements for participating in the suit, said their lawyer, Joseph Gebhardt.


"There was a fairly large number of plaintiffs who have dropped out," Gebhardt said. "They just don't want to continue for whatever reason. Our clients argue that these people are very discouraged."


The lawsuit alleges a widespread pattern of racial discrimination, with some officers contending that they were passed over for promotions in favor of less-qualified white officers because of their race and publicly humiliated and subjected to racial slurs and epithets. One officer alleged that witnessed a hangman's noose in the locker room, while another officer nicknamed "Ike" says a K-9 dog was given the same name.


Capitol Police Chief Kim Dine said in a statement late Friday that the department "has an established anti-discrimination and anti-harassment policy that clearly states that discrimination and harassment will not be tolerated."


"We continue to address and remove barriers that have the effect of marginalizing or discouraging employees from fully participating in the workplace and supporting the Department's mission. "


In court papers, the department has said the plaintiffs either weren't discriminated against on the basis of race or failed to exhaust administrative remedies before suing the agency. A lower court judge had dismissed the case but a federal appeals court revived it in 2009.


A Justice Department survey of federal law enforcement agencies issued last year found that as of September 2008, minorities made up 37.1 percent of the department — a higher percentage than many other federal agencies with 500 or more full-time officers.


The agency has said it is making progress in its promotions and appointments. Last year, the department promoted its first two African American female captains, and this year named its first black assistant chief.




Chicago, Illinois

Daley subpoenaed in Burge-related lawsuit

By Steve Schmadeke — Saturday, July 13th, 2013 ‘The Chicago Tribune’ / Chicago, IL



Former Mayor Richard Daley was subpoenaed Friday by attorneys for a longtime inmate who alleges he was wrongfully convicted and wants Daley questioned about what he knew about allegations of police torture while serving as Cook County state's attorney in the 1980s.


Attorneys for Stanley Wrice, who was convicted of a 1982 gang rape of a woman in his attic, allege that he falsely confessed after being tortured by two detectives working under disgraced former Chicago police Cmdr. Jon Burge.


Cook County Judge Evelyn Clay ruled in January that Wrice had made a "substantial showing" that his constitutional rights were violated and ordered an evidentiary hearing scheduled for Sept. 23.


His attorneys want Daley and Illinois Appellate Justice Bertina Lampkin, a former Cook County prosecutor who handled Wrice's case, to testify under oath about their knowledge of allegations of police torture by Burge and his "midnight crew" at a South Side police station.


"We're not interested in going on some fishing expedition with Judge Lampkin or the former mayor, but the reality is the former mayor was the Cook County state's attorney," Jennifer Bonjean, a New York attorney who is representing Wrice pro bono along with local attorney Heidi Lambros, said Friday in a phone interview.


Attorneys for other Burge accusers have previously sought to make Daley sit down for depositions — and at least twice judges have ordered the former mayor to answer questions. But both those times the city settled the lawsuit before Daley had to testify about what he knew about the scandal.


Wrice, now 59, was sentenced to 100 years in prison after being convicted of rape, deviate sexual assault, armed violence and unlawful restraint. The armed violence and unlawful restraint convictions were later thrown out.


Burge was convicted in 2010 in federal court of perjury for denying under oath in a lawsuit that he had never participated in or witnessed any torture. He is serving a 41/2-year sentence in a federal prison in North Carolina.



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