Showing posts with label Texas. Show all posts
Showing posts with label Texas. Show all posts

Tuesday, October 23, 2012

Why Firing a Bad Cop Is Damn Near Impossible



Over the summer, a still from a surveillance camera showing a police officer kicking a handcuffed woman in the head went viral on Facebook and email. The text below the picture read, "Rhode Island police officer Edward Krawetz received no jail time for this brutal assault on this seated and handcuffed woman. Now he wants his job back. Share if you don't want this to happen." The allegation was wild enough to pique the interest of the rumor-debunking site Snopes.com, which determined that the story was, in fact, true.


In 2009, Officer Edward Krawetz of the Lincoln Police Department arrested Donna Levesque for unruly behavior at a casino in Lincoln, Rhode Island. While seated on the ground with her hands cuffed behind her, Levesque kicked Krawetz in the shin. Krawetz responded by cocking back his right leg and nailing Levesque in the side of the head, knocking her over. In March 2012, Krawetz was convicted of felony battery despite his claim that he kicked Levesque in "self defense." The 10-year sentence he received was immediately suspended, and Krawetz was ordered to attend anger management classes.

But he wasn't fired from the Lincoln Police Department. Under Rhode Island law, the fate of Krawetz's job as a cop rested not with a criminal court, or even his commanding officer, but in the hands of a three-person panel composed of fellow police officers—one of whom Krawetz would get to choose. That panel would conduct the investigation into Krawetz's behavior, oversee a cross-examination, and judge whether Krawetz could keep his job. The entire incident, in other words, would be kept in the family.

The same was true for Rhode Island Police Officer Alfred Ferretti after he followed two women home while in uniform and exposed himself; for Officers Robert Neri and Robert Lobianco after they were found having a threesome while on duty; and for Officer Nichalas Laprade after two women reported that he stared at them while masturbating as he drove down I-95 in his personal vehicle.

All of these Rhode Island cops, and many more like them across the county, were able to keep their jobs and benefits—sometimes only temporarily, but always longer than they should have—thanks to model legislation written and lobbied for by well-funded police unions. That piece of legislation is called the "law enforcement bill of rights," and its sole purpose is to shield cops from the laws they're paid to enforce.

The inspiration for this legislation and its similarly named cousins across the country is the Police Officers’ Bill of Rights, introduced in 1971 by New York Rep. Mario Biaggi (D), at the behest of the Police Benevolent Association. Having once been the most decorated police officer in the country, Biaggi didn't need much convincing to put forward the union-friendly bill.

Biaggi pushed for the POBOR until March 1987, when he received two indictments back-to-back. The first was for accepting a paid vacation from Brooklyn Democratic Leader Meade H. Esposito in exchange for using federal funds to bail out a company in Esposito's neighborhood. A second indictment handed down three months later charged Biaggi with extorting $3.6 million in cash and stock options from a small Bronx machine shop called Wedtech. Both charges resulted in convictions and Biaggi's resignation from Congress.

While Biaggi's bill never made it through Congress, police unions didn't wait for city managers or police department higher-ups to write their own. Benevolent associations in Maryland successfully pushed for the passage of a police bill of rights in 1972; Florida, Rhode Island, Virginia, New Mexico, and California followed suit before the 70s were over. The 1980s, 90s, and 2000s saw still more states adopt police bill of rights at the behest of police unions.

The rights created by these bills differ from state to state, but here's how a typical police misconduct investigation works in states that have a law enforcement bill of rights in place:

A complaint is filed against an officer by a member of the public or a fellow officer. Police department leadership reviews the complaint and decides whether to investigate. If the department decides to pursue the complaint, it must inform the officer and his union. That's where the special treatment begins, but it doesn't end there.

Unlike a member of the public, the officer gets a "cooling off" period before he has to respond to any questions. Unlike a member of the public, the officer under investigation is privy to the names of his complainants and their testimony against him before he is ever interrogated. Unlike a member of the public, the officer under investigation is to be interrogated "at a reasonable hour," with a union member present. Unlike a member of the public, the officer can only be questioned by one person during his interrogation. Unlike a member of the public, the officer can be interrogated only "for reasonable periods," which "shall be timed to allow for such personal necessities and rest periods as are reasonably necessary." Unlike a member of the public, the officer under investigation cannot be "threatened with disciplinary action" at any point during his interrogation. If he is threatened with punishment, whatever he says following the threat cannot be used against him.

What happens after the interrogation again varies from state to state. But under nearly every law enforcement bill of rights, the following additional privileges are granted to officers: Their departments cannot publicly acknowledge that the officer is under investigation; if the officer is cleared of wrongdoing or the charges are dropped, the department may not publicly acknowledge that the investigation ever took place, or reveal the nature of the complaint. The officer cannot be questioned or investigated by "non-government agents," which means no civilian review boards. If the officer is suspended as a result of the investigation, he must continue to receive full pay and benefits until his case is resolved. In most states, the charging department must subsidize the accused officer's legal defense.

A violation of any of the above rights can result in dismissal—not of the officer, but of the charges against him.

Because of these special due process privileges, there's little incentive for police departments to discipline officers. In most cases, it's more financially prudent to let a District Attorney or outside law enforcement agency do the heavy lifting, and then fire the officer if he's convicted. This is the only "easy" way, under police bills of rights, for departments to get rid of bad cops--which essentially means the only way to get rid of bad cops is if some other law enforcement agency can make a felony charge stick. This is the biggest problem with law enforcement bills of rights--they encourage police departments to let external forces determine what behavior is unacceptable. That's eventually why Rhode Island's Krawetz resigned his post.

But Rhode Island is by no means an outlier.

In the last year, a Florida narcotics detective was charged with a slew of crimes ranging from rape and torture, to embezzlement and forgery; a Virginia police officer shot a retired Sunday school teacher in the back of the head and throat as she drove out of a church parking lot; six California cops beat a homeless man into a life-ending coma; a Milwaukee police officer was arrested for sodomizing suspects; a drunk man slapped a Philadelphia cop, and the cop responded by beating the drunk man's face bloody with his baton.


What do they all have in common? They were all known by their colleagues and employers to be bad cops long before they came to the public's attention.

Major Joseph Floyd was a problem cop at departments across Florida before beginning his two-year reign of terror in Crestview, Florida. Daniel Harmon-Wright was hired at the Culpeper Police Department despite a known drinking problem, and kept on the force despite complaints that he illegally entered a home and threatened its residents at gunpoint. At least one of the Fullerton PD officers who beat Kelly Thomas into a coma from which he never woke was accused of brutality the year before. Michael Vagnini's superiors in Milwaukee knew "for a couple years" that he'd been conducting illegal rectal searches. Before William J. Gress beat a drunk and unruly Oktoberfest reveler, he broke a woman's nose and spat on her outside a restaurant.

Additionally, all of those officers were working in states with a law enforcement bill of rights, and when they were all eventually disciplined, it was by a law enforcement agency other than the one they worked for.

While it's possible—maybe even likely, depending on the department—that these officers would have faced no internal discipline even if their states did not have law enforcement bills of rights, such laws discourage discipline and make it nearly impossible for the public to hold bad cops accountable.

Monday, October 22, 2012

19 Crazy Things That School Children Are Being Arrested For in America


With each passing year, the difference between America’s prisons and America’s public schools becomes smaller and smaller.  As you read the rest of this article, you will be absolutely amazed at some of the crazy things that school children in America are being arrested for.
  When I was growing up, I don’t remember a single police officer ever coming to my school.  Discipline was always handled by the teachers and by the principals.  But today, there are schools all over the country that have police officers permanently stationed in the halls.  Many other schools will call out police officers at the drop of a hat.  In the classrooms of America today, if you burp in class, if you spray yourself with perfume or if you doodle on your desk, there is a chance that you will be arrested by the police and hauled out of your school in handcuffs.  Unfortunately, we live in a country where paranoia has become standard operating procedure.
  The American people have become convinced that the only way that we can all be “safe” is for this country to be run like a militarized totalitarian police state.  So our public schools are run like prisons and our public school students are treated like prisoners.  The United States has the highest incarceration rate in the world by far, and our schools are preparing the next generation to either “do time” in the prison system or to live as good little slaves in the Big Brother prison grid that is being constructed all around us.  But what our schools are not doing is giving these children the critical thinking skills that they need to live as free citizens in a nation that used to be “the land of the free and the home of the brave”.
Of course very few people would deny that the character of American schoolchildren has changed dramatically over the decades.  Back in the 1950s, some of the biggest school discipline problems were gum chewing and hair pulling.  Today, kids bring knives, guns and drugs with them to school.  Gang activity is rampant in many of our schools and in some schools kids are even having sex in the school bathrooms.
So there is definitely a discipline problem in our schools.
But what is going on in many areas of the country is absolutely ridiculous.  For example, in 2010 alone police down in Texas issued an astounding 300,000 tickets to school children.
Yes, if a kid pulls a knife on someone the police should get involved, but teachers and administrators should be able to use some common sense and handle the vast majority of discipline problems that happen themselves.
What you are about to read is absolutely going to amaze you.  The following are 19 really crazy things that school children are being arrested for in America….

#1 At one public school down in Texas, a 12-year-old girl named Sarah Bustamantes was recently arrested for spraying herself with perfume.

#2 A 13-year-old student at a school in Albuquerque, New Mexico was recently arrested by police for burping in class.

#3 Another student down in Albuquerque was forced to strip down to his underwear while five adults watched because he had $200 in his pocket.  The student was never formally charged with doing anything wrong.

#4 A security guard at one school in California broke the arm of a 16-year-old girl because she left some crumbs on the floor after cleaning up some cake that she had spilled.

#5 One teenage couple down in Houston poured milk on each other during a squabble while they were breaking up.  Instead of being sent to see the principal, they were arrested and sent to court.

#6 In early 2010, a 12-year-old girl at a school in Forest Hills, New York was arrested by police and marched out of her school in handcuffsjust because she doodled on her desk. “I love my friends Abby and Faith” was what she reportedly scribbled on her desk.

#7 A 6-year-old girl down in Florida was handcuffed and sent to a mental facility after throwing temper tantrums at her elementary school.

#8 One student down in Texas was reportedly arrested by police for throwing paper airplanes in class.

#9 A 17-year-old honor student in North Carolina named Ashley Smithwick accidentally took her father’s lunch with her to school.  It contained a small paring knife which he would use to slice up apples.  So what happened to this standout student when the school discovered this?  The school suspended her for the rest of the year and the police charged her with a misdemeanor.

#10 In Allentown, Pennsylvania a 14-year-old girl was tasered in the groin area by a school security officer even though she had put up her hands in the air to surrender.

#11 Down in Florida, an 11-year-old student was arrested, thrown in jail and charged with a third-degree felony for bringing a plastic butter knife to school.

#12 Back in 2009, an 8-year-old boy in Massachusetts was sent home from school and was forced to undergo a psychological evaluation because he drew a picture of Jesus on the cross.

#13 A police officer in San Mateo, California blasted a 7-year-old special education student in the face with pepper spray because he would not quit climbing on the furniture.

#14 In America today, even 5-year-old children are treated brutally by police.  The following is from a recent article that described what happened to one very young student in Stockton, California a while back….
Earlier this year, a Stockton student was handcuffed with zip ties on his hands and feet, forced to go to the hospital for a psychiatric evaluation and was charged with battery on a police officer. That student was 5 years old.

#15 At one school in Connecticut, a 17-year-old boy was thrown to the floor and tasered five times because he was yelling at a cafeteria worker.

#16 A teenager in suburban Dallas was forced to take on a part-time job after being ticketed for using foul language in one high school classroom.  The original ticket was for $340, but additional fees have raised the total bill to $637.

#17 A few months ago, police were called out when a little girl kissed a little boy during a physical education class at an elementary school down in Florida.

#18 A 6-year-old boy was recently charged with sexual battery for some “inappropriate touching” during a game of tag at one elementary school in the San Francisco area.

#19 In Massachusetts, police were recently sent out to collect an overdue library book from a 5-year-old girl.
Unfortunately, what is going on in our schools is a reflection of the broader society as a whole.  Our schools are being turned into prisons because our entire society is being turned into a giant prison.
Our nation is rapidly heading down the toilet, and the children of this nation do not have a bright future to look forward to.

If the police really want to find some criminals, they should start investigating some of the sickos that are in charge of some of these classrooms.
It seems like almost every day now there is a news story about some public school teacher that is involved in some kind of really perverted stuff.
For example, just check out what police down in Los Angeles recently found that one teacher was hiding….

A former Los Angeles elementary school teacher has been arrested for felony molestation of nearly two dozen students, accused of gagging children and putting live cockroaches on some of their faces. Deputies say the crimes were committed on campus.

Sickos who do that kind of stuff to kids should be punished very severely.
America’s schools are changing, and not for the better.
Personally, I went to public schools all my life, but I would not recommend that anyone send their kids to public schools today.  There is just way too much crazy stuff that goes on.

And our kids are learning less than ever in these public schools.  As I have written about previously, many of them are coming out of the system as dumb as a rock.  Instead of teaching our kids how to think critically and examine all sides of an issue, these schools areindoctrinating our kids and pushing particular social and political agendas on them.

There are a few public schools out there that are still good, but the vast majority of them are horrible.  They are not producing the leaders of tomorrow and they are not preparing the next generation with the tools that they need to survive in a complex world.

So is there much hope that our schools can be turned around?  Feel free to leave a comment with your opinion below….