Friday, April 1, 2011

Justice Department to investigate Seattle Police civil-rights practices (Courtesy of the Seattle Times)

Justice Department to investigate Seattle Police civil-rights practices

The U.S. Department of Justice has decided to investigate the Seattle Police Department to determine whether its officers have engaged in a pattern of unnecessary force, particularly against minorities.
Seattle Times staff reporter
Seattle Police Chief John Diaz said he welcomes the Department of Justice's announcement Thursday that it will investigate whether his officers have engaged in a pattern of unnecessary force and biased policing.
The department has fully cooperated with the inquiry so far, Diaz said, and will continue to do so.
"We have nothing to hide," he said. "We've been open and transparent with the Department of Justice, which makes for a good working relationship."
Diaz, attending a previously scheduled appearance with The Seattle Times editorial board, said he had received a call from the DOJ hours earlier alerting him to the decision. He said he had expected the investigation, which he likened to a "free audit from the Department of Justice."
The DOJ also confirmed Thursday it is conducting a separate criminal investigation into the August shooting death of First Nations woodcarver John T. Williams by a Seattle police officer. The officer, Ian Birk, resigned from the force after prosecutors said they could not build a case against him. (See accompanying story.)
Assistant U.S. Attorney General Thomas Perez, who oversees the DOJ's Civil Rights Division in Washington, D.C., announced the departmentwide "patterns and practices" investigation in a conference call with U.S. Attorney Jenny Durkan, whose office's civil division will oversee it.
Both Perez and Durkan stressed that the investigation is civil — not criminal — in nature. Its goal, Perez said, is to determine whether there are "systemic violations of the Constitution or federal law by officers of the SPD" and to correct them if they're found.
Should problems be found, the Justice Department will work with the department to fix them, Perez said.
Legal action
If it meets resistance, however, it could sue the department in federal court to force the changes.
The downtown King County Jail underwent a similar investigation in 2007 and was required by the DOJ to make significant changes in its care of inmates under threat of a lawsuit.
"Our goal with this investigation ... is simple: to ensure that the community has an effective, accountable police department that controls crimes, ensures respect for the Constitution and earns the trust of the public it is charged with protecting," Perez said.
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That trust has been shaken, Diaz acknowledged, by publicized incidents involving violent arrests or confrontations by Seattle officers. Several of those incidents were cited in a December letter calling for a federal investigation. The American Civil Liberties Union of Washington sent the letter, which was signed by 34 community groups.
The letter outlined several disturbing incidents, including one last year where an officer used a racial slur and threatened to beat a robbery suspect, and the shooting of Williams, which the department's Firearms Review Board found was unjustified.
Two other officers are under state criminal investigation for incidents involving use of force.
Other cities
The Justice Department has looked at similar issues involving state and local law-enforcement agencies in New York, New Orleans, Ohio, New Jersey, Pennsylvania, California and the District of Columbia.
It has been conducting a preliminary review of the department for several months — even before the December letter.
Durkan said no single incident triggered the inquiry, and neither she nor Perez would go into details about the circumstances or incidents that led to conclude that a full-blown investigation was warranted. Durkan promised a "comprehensive investigation regarding the use of force" or discriminatory policing by Seattle officers.
"We do not prejudge our investigations," Perez said. If violations are found to have occurred, "we will work with the city and police department to develop a plan to remedy them."
The investigation will involve reviews of the department's policies and practices, records and observation of officers in the field. The office will also reach out to community groups and set up a hotline for citizen comments and tips.
Perez and Durkan said the department, the city and the police officers' guild have been cooperative.
"That gives us some real optimism that we can complete the investigation phase in a productive way and get at the truth, wherever it leads us, and get at solutions," Perez said.
The ACLU praised the announcement.
"With its expertise and experience, the Department of Justice should be able to provide some useful recommendations for curtailing the troubling uses of force we've seen," said ACLU of Washington Executive Director Kathleen Taylor.
"We appreciate that city of Seattle and police leaders have taken a cooperative attitude toward the DOJ and expect something good to come from its involvement with Seattle."
Mayor Mike McGinn, through a spokesman, promised to "continue our practice of working openly with the Department of Justice on addressing the issues that they are investigating. They have our full cooperation."
Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, said he's confident the investigation will not turn up any systemic problems with force or biased policing in the SPD.
"In a way, I'm looking forward to this," O'Neill said. "There's no doubt in my mind they will not uncover any systemic problems.
"They may come up with suggestions in ways we could do better in both areas. Great," O'Neill said.
Durkan has been involved in use-of-force issues with the Police Department for nearly a decade, including a stint as the nonvoting civilian member of the Firearms Review Board.
She was a member of two task forces that have examined the department and its discipline issues and resulted in the creation of the civilian-run Office of Professional Accountability.
She said she will remain "actively engaged" in the investigation.
The request by the ACLU and community groups came after highly publicized incidents in which officers have resorted to force, often against people of color. In their request, the ACLU and other organizations asserted that some Seattle officers appear to "inflict injury out of anger" at suspects rather than to protect public safety.
"Distrust of the police by communities of color grows as a result, and it becomes harder for the Seattle Police Department to do its job of keeping all Seattle residents safe," said the letter, which was sent to Durkan and Perez.
In addition to the Williams shooting, the confrontations include an officer kicking and threatening to beat the "Mexican piss" out of a prone Latino man in April; the repeated kicking of an African-American teen during an arrest inside a convenience store in October; and the pummeling of an African-American man in a police lobby in June 2009, in which officers were cleared of wrongdoing.
Seattle Times staff reporters Jack Broom and Susan Gilmore contributed to this report.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com.

Feds investigating officer's shooting of woodcarver (Courtesy of the Seattle Times)

Feds investigating officer's shooting of woodcarver

The Department of Justice Civil Rights Division is reviewing the August 2010 shooting death of First Nations woodcarver John T. Williams by Ian Birk, who was a Seattle police officer, to determine whether federal civil-rights laws were broken.
Seattle Times staff reporter
The U.S. Department of Justice is reviewing whether to file federal criminal charges in the August shooting death of First Nations woodcarver John T. Williams by a Seattle police officer.
The investigation will examine whether former Officer Ian Birk violated Williams' civil rights when he shot and killed him on a downtown city sidewalk. Williams failed to respond to repeated commands that he drop a pocket knife.
"The Department was previously monitoring the local investigation and now that their review is complete, we will conduct an independent review of the facts to determine if the evidence indicates a prosecutable violation of federal criminal civil-rights laws," said Xochitl Hinojosa, a spokeswoman for Assistant Attorney General Thomas Perez, in a prepared statement Thursday.
The investigation is separate from the civil investigation of the Seattle Police Department announced earlier Thursday. That federal investigation will look at the "patterns and practices" of the department with respect to use-of-force and discriminatory policing.
Birk, who had been a Seattle officer for two years at the time of the shooting, resigned in February after state prosecutors announced they did not have enough evidence to charge him with Williams' death. State law gives considerable deference to police officers who use deadly force, recognizing they often have to make split-second decisions.
His attorney, Ted Buck, said the Justice Department is wasting its time and resources looking to prosecute an officer who followed his training and shot because he feared for his life.
"They're going to find nothing, because they are looking for something that doesn't exist," Buck said.
King County Prosecutor Dan Satterberg announced in February that the state could not charge Birk because the law required prosecutors to show the officer acted with malice and without good faith.
Federal prosecutors would face a similar burden. They would have to show that Birk, acting under the authority granted him as a police officer, willfully and intentionally deprived Williams of a protected civil right.
Legal experts have said that language provides a difficult burden for prosecutors and it's rare that the government obtains a conviction. Assistant U.S. Attorney Bruce Miyake, a senior criminal prosecutor, sat through the county inquest into Williams' death.
Retired Saint Louis University professor Steven Puro, who has conducted research on the role of federal civil-rights prosecutions in local police accountability, has said those cases have proved hard to bring and even harder to win because it is difficult to prove an officer willfully intended to violate someone's rights.
It's particularly problematic in shooting cases, which often involve split-second decisions, he said.
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The U.S. Attorney's Office in Seattle lost the only such criminal prosecution brought in the Western District of Washington when, in 2008, a federal jury acquitted a former King County sheriff's deputy accused of kicking a woman during a 2005 arrest.
The Williams shooting outraged many in the community, and his family and their attorneys have demanded justice. Williams was a well-known public inebriate who had numerous nonviolent contacts with police before the shooting.
Tim Ford, the attorney for the Williams family, said Thursday he was encouraged by the Justice Department's decision.
"We would like to have this investigated as impartially as possible," he said. "The federal government would be the most logical candidate remaining. That sounds like a positive development."
Ford said he would continue to pursue his petition asking the King County Superior Court judges to convene a citizen grand jury to determine whether criminal charges should be brought against Birk.
Ford filed the petition March 16 after Satterberg said state law precluded him from charging Birk with a crime.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com