Sunday, January 15, 2017

U.S. Dept. of Justice accuse Chicago police of civil rights violations

Friday’s release of the U.S. Department of Justice report on the Chicago Department, after a 13 month investigation, prompted largely by the shooting of an unarmed black teenager, Laquan McDonald, who was shot 16 times by a white police officer, after the fallout over the court-ordered release of the video has prompted a wide variety of responses from both public officials such as Mayor Rahm Emanuel, the police superintendent, Eddie Johnson, and local leaders. Some have breathed a sigh of relief that the investigation has occurred, and others remain suspicious that there will be true change, at least in a generation.

U.,S. Attorney General Loretta Lynch, made the announcement, accompanied by U.S. Attorney Zachary Fardon, and Vanita Gupta, the Justice Department head of civil rIghts.

The three held a news conference at the Dirksen Federal Building in Chicago's Loop, Lynch said the report “found “reasonable cause” that the police department engaged in a pattern of using excessive force in violation of the Fourth Amendment of the U.S. Constitution. She blamed that partially on “severely deficient training procedures” and “accountability systems.”

“Chicago police have shot at fleeing suspects who weren’t an immediate threat, failed to address racially discriminatory behavior within the department and put their own officers at risk”, reported the Chicago Sun-Times..

The 164 page report comes after an initial rejection by Emanuel, calling it “misguided,” but facing a mountain of criticism, including calls for his resignation, he relented. And, in response, he said that he would, in breaking a long-held pattern of police overtime, ask for 970 new police officers, although not specifying how he would pay for them in a city that is beset by previous practices of financial mismanagement, mostly over pension payments to city workers, and mandated by state and city laws. Some aldermen have said that they would support another property tax increase to pay for them.

Rushed ahead of schedule, due to the incoming administration of Donald Trump, there is some concern that if Sen. Jeff Sessions (R-Ala.) is confirmed as successor to Lynch that there will not be support for the actions. Not only has Sessions a dubious past for the civil rights of Black Americans, after certain statements prevented him from taking a federal judicial post, many are worried that the situation in Chicago may then remain stagnant.

Sessions also remains suspicious that this type of report and specifically consent decrees that mandate specific changes are effective in changing police practices. In a meeting with Illinois Sen. Dick Durbin (D-Ill.) he would not agree to implement the report, saying that he wanted to understand it better.  And, in his confirmation hearings last week, he said: "I think there is concern that good police officers and good departments can be sued by the Department of Justice when you just have individuals within a department that have done wrong," Sessions said. "These lawsuits undermine the respect for police officers and create an impression that the entire department is not doing their work consistent with fidelity to law and fairness, and we need to be careful before we do that."

Preceding the report Emanuel, in addition the proposed hiring of more officers, he also  added a youth mentoring program at low-income minority youth, and a police accountability plan, by replacing the Independent Police Review Authority with a multi-tiered system, that some have criticized as a “recipe for failure” since it would not be truly independent from CIty Hall says University of Chicago Law professor Craig Futterman. He also says the budget is woefully inadequate.

Against the long held racial and economic segregation, the problem of racial injustice and lack of trust by black communities, has increased the polarization between them and the police. In fact, Gupta said the neighborhoods hardest hit by the “CPD pattern of unlawful force and breakdown in the city’s accountability system” include those on the South and West sides,” where many black residents live.

“Police misconduct will not be tolerated anywhere in this city and those who break the rules will be held accountable for their actions,” said Emanuel, on the dias with Lynch and later, Police Supt. Johnson, who said that some of the findings in the report “are difficult to read” and that “unconstitutional policing has no place in the CPD or the city of Chicago,’ reported the paper.

This is not a new problem either for Chicago, or the nation (as President Obama has often noted) as smartphone videos show the abuse, and its coverup -- the code of silence -- and one that Johnson said, when first appointed that he was unsure of existed and which in an interview that I held with Chicago Urban League head, Shari Runner scoffed at, in near disbelief.

The report also noted: “When officers falsify reports and affirmatively lie in interviews and testimony, this goes well beyond any passive code of silence; it constitutes a deliberate, fundamental, and corrosive violation of CPD policy that must be dealt with independently and without reservation if the City and CPD are genuine in their efforts to have a functioning system of accountability.”

It also decries the inadequate training that CPD officers received and thus their inability to de-escalate tense situations. One “solution” in the past was the torture of more than 200 black men arrested by the notorious Police Cmdr. Jon Burge.

Last year, the Guardian, a U.K. newspaper uncovered the existence of a black hole detention center, in Homan Square,where primarily black and Hispanic prisoners virtually disappear.

With the incoming Donald Trump administration ready to begin, those supporting a true reform remain dubious; and in the past, he said Chicago was out of control and suggested that “stop and frisk” be a remedy; one that was used in New York and that was condemned by the New York Civil Liberty Union as racial profiling.

As columnist, and member of the Chicago Tribune Editorial Board, Steve Chapman, said last year, “The biggest source of racial tension is also the oldest one - the divide between whites and blacks, manifested in economic disparities and broadly different views of law enforcement.”

When Dept. of Justice investigators held public forums,last July, to gain public input,more than 200 black residents gave their opinion, and one woman related an incident when an elderly friend had asked police to help rid her West Side community  of its drug problem, she was told by a white officer, “Well, I thought out you all liked that.”

Former police superintendent Garry McCarthy, fired by Emanuel after the public hue and cry over the delayed release of the McQuan video, decried the report, and before its release, said that there was no racial profiling by some officers, “they’re wrong,” he stated.

Initially receptive was Chicago Fraternal Order of Police President Dean Angelo “But, he soured quickly when he heard about the allegations of “systemic violations of civil rights and abuse by the police” that, he believes, mirrors an “anti-police” narrative.” said the Sun-Times.

Lynch has said the federal government and Chicago officials have signed an “agreement in principle” to keep negotiating what comes next. The Justice Department currently has agreements in place with 20 different law enforcement agencies, including 15 consent decrees.

It seems that with all of the objections, defensive cries, that this measure to ensure equal treatment for minority residents, using best practices of policing, may not go anywhere at all despite the protests of many, the DOj report, and evidence that supports the allegations, making one wonder can true justice be given the “turning point” that Fardon said on Friday, or will it continue to be business as usual with the Chicago Police Department? Only time can tell.

Reaction to the report from law enforcement officials and city police officers have been largely dismissive of it. Even the most serious of accusations: systemic dysucntonal practices, detailed in the report have been met with scorn. The Chicago Sun-Times reported that on Second City Cop Blog, the comments have been stark: "scam", a "crock of shit", and perhaps the mildest "garbage." Seen as being unfairly maligned, even with serious allegations, one of the comments, noted, "Hopefully the DOJ run by adults under Trump will re-examine the report." The paper also reports many racist and anti-Muslim statements, will undoubtedly see hopes for a change in direction, and indeed change in general, an uphill battle.

In an unrelated court action attorneys for long-time National Lawyers Guild legal observer Jerry Boyle filed suit in federal last week to challenge the sweeping use of “Stingray” cell phone spying devices by Chicago Police.

The suit, which aims to be certified as a class action, alleges that the stingray devices are frequently used without warrants or any official guidance, indiscriminately sweeping up cell phone data from innocent people, including attendees at political rallies, demonstrations and other 1st Amendment-protected activities.

Stingrays have the power to obtain identifying information about cell phones, access the content of phone calls and texts made on the phone, reveal website browsing histories, and track a phone’s cumulative movements.

The suit alleges that the Chicago Police Department’s use of cell site simulators “is secretive and widespread…and [CPD] has long refused to disclose information about its use of cell site simulators to the public and fought attempts to obtain such records in the courts, choosing to conceal its use of the technology.”
“The Chicago Police Department can’t give its officers weapons that have the power to search and seize our most personal information without any instructions about how to use them,” said Craig Futterman, a Clinical Professor of Law at the University of Chicago Law School and one of the lawyers representing Mr. Boyle. “That’s like giving officers guns and telling them to go get the bad guys, without even teaching them how to shoot. We've recently seen how this lack of surveillance oversight has played out at the NSA, where employees abused surveillance tools to spy on their spouses.”



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