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Thursday, October 15, 2009

Investigations of police behavior, Part 2

by Richard Barbuto

Four days ago I posted here about investigations when a cop shoots someone and suggested that it might be a better idea for an independent body, a grand jury for instance, to investigate police shootings. The same principles apply for the investigation of any alleged misconduct.

Since then a story has been widely reported that proves the point more than any rantings by me could.

Today's NY Times reports that after an investigation by the Office of the Kings County District Attorney (Brooklyn) a grand jury has indicted a New York City cop for vehicular manslaughter where the officer is alleged to have been under the influence of alcohol. What makes this story germane to how police investigate themselves is the following. Two officers have been suspended for their action (or inaction) in this case. One for leaving the scene presumably so as not to have to take part in the investigation of a fellow officer and the other for supplying the police officer driver with gum and water. Does anyone think this might have been done to reduce the evidence of driving while intoxicated?

Sometimes somebody says or writes something that, within a few days, is corroborated. Maybe timing is everything?

For reasons that are not entirely clear to me, this story reminds me of an investigation I took part in some years ago. At the time I was a Special State Prosecutor appointed to investigate corruption in New York City. Coincidentally, my area of responsibility was Brooklyn.

Information had been received that 4 police officers upon arriving at premises from which property had been stolen, would then help themselves to property themselves before actually doing any actual police work. A store was rented and property was carefully accounted for and placed into the store. There was also a video camera secreted in the wall of the store. On a night when all 4 were working, the lock was intentionally broken on the door and a burglary was called in. The 4 responded and looted the place. And it was all caught on camera. During the time the cops were taking property from the store and secreting it in marked police cars one of them decided to examine the broken door lock. Not liking what he saw he began to examine the store walls and finally saw the hole behind which the camera was hidden. The camera was ripped out of the wall and broken (another crime) but lo and behold, the recording device was in the basement of an adjacent building. The officers decided to try to retrieve the recorder and broke into the other building (Yes, another crime). I am told that while walking down the stairs they were met by internal affairs people who were laughing so hard they could not make an arrest. The 4 fled in their marked police cars. One was stopped almost immediately and the other "got away." Eventually the second car returned to the precinct and all were arrested.

The case was presented to a grand jury and indictments and convictions were ultimately had.

I am told (but have no actual knowledge of this) that the video tape was subsequently used for trainees in the police academy to demonstrate what not to do when responding to a burglary.
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