Newark Municipal Council Committee To Investigate NPD Disciplinary Practices

[rice2006]

http://www.youtube.com/watch?v=sCgZKSvF2-s

[jimmyr]

What is the process going to be to become a member of this Committee or has it been established already?

[ProSouth]

With all due respect Councilman Rice where is the protection for Newark citizens? I see this as taking the easy way out.

Do you know how many Newark citizens are discriminated and abused by Newark Police regularly? You guys want to protect fired police officers (many of whom probably don't live in Newark and also have private attorneys vs. over poor Newarkers who do live in Newark and can't afford any legal representation.

No investigation into the invisible IA complaints?

No disrespect to the fired officers and their righteous fight against the NPD but citizens who pay cops salaries and yours need your help first.

Just one question: Why not include in this investigation the illegal use of force and harassment of the citizens in this investigation? I bet you the council chambers couldn't hold all the people?

From what I hear, this is just picking the easiest battle rather than the most important and most critical.

Police harassment and misconduct breeds fear and mistrust in the police. Mistrust stops a person from calling the police to report a crime when they need to.....possibly to save someone's life........which of course creates more crime in our neighborhoods.

Protect the people and they will trust the police again....Please.

[rice2006]

I have also been trying to establish a citizen review board over the last two years. Sometimes on this forum, just because the Star Ledger doesn't report something, or folks don't watch council meetings, things we do, have been working on, etc. does not get attention. I am trying to remedy this by placing things on this site starting this year.

Since 2006, I started meeting with a concerned group of folks about establishing a review board with subpeona power. In 2007, I convened a public hearing and based on those recommendations, I have been working since with ACLU and others to establish exactly what you are talking about.

If you were at our State of the West Ward Address, I explained in detail those efforts and next steps for 2009.

Real reform and change takes a tremendous amount of time and effort and that process is not sexy, not usually of importance to the media and even when stated in council meetings, is mostly dismissed unless repeated over and over again at every single meeting.

But I assure you, I and others on the council have been and continue to work on substantive changes in major policy and practices of the city of Newark.

[BraveHeart]

Councilman,

What will you do when certain top brass deicide to refuse to answer your subpoenas? What will you do if they are proven to have lied under oath? Will there be discipline, suspensions, removals? Who will be held to answer to these subpoenas?

I would like to see a system established, where police officers who feel they have not, or will not be treated fairly internally, can go to make a complaint.

In my case it took a lot of people to put the plan together and to carry it out. How would you handle the discipline in a case like that where there was a concerted conspiracy to commit official misconduct?

Finally, how will you deal with those cases where there is current litigation, when your peers have stated that they would rather let them run their legal course instead of dealing with the internal violations?

You are about to open a Pandora's Box within the NPD. I am positive that once you uncover one thing it will undoubtedly lead you to another. The players have been dirty for a long time and never gotten caught. There are many people with things to hide and that can be used as leverage against them. That, and money, is how they have survived this long.

Good Luck

[HAVESEENENOUGH]

We will have to wait until Wednesday and see.

[ProSouth]

You are about to open a Pandora's Box within the NPD. I am positive that once you uncover one thing it will undoubtedly lead you to another. The players have been dirty for a long time and never gotten caught. There are many people with things to hide and that can be used as leverage against them. That, and money, is how they have survived this long.
Good LuckAnd this is why no matter what Councilman Rice says, in my humble opinion, he is not seriously willing to open that Pandora's Box.

1. His dad, Rice, Sr. , was a police officer in Newark during a time when many of the current problems with the NPD began and were mastered. During this time police brutality, harassment and cover-ups were very pervasive and openly commonplace. Where was and is the campaign against police brutality from then Councilman Rice and now State Senator Rice??? Non-Existent. I do not believe that his son will open up THIS BOX. He may talk about it but seriously staking his career on this will not happen.

2. Is Councilman Rice not the West Ward Councilman? I am more than sure that his council phone rings off the hook with complaints by his own constituents of police misconduct against them. What does he personally do to ensure that he eradicated this conduct in his ward and in Newark? Does he personally get involved or does he pass the buck back to the current system that is already broken, corrupt and not working?

Even if Councilman Rice does want to forget that he grew up Black and in Newark he is smart enough to know how the police department has been attempting to bring down homicides and other crimes in Newark for the last 2 years......Squarely on the backs of poor, innocent, non-criminal Newarkers.

3. If the rest of the Council refuses to officially put together a civilian complaint review board why can't Councilman Rice set up a city wide, non-profit, organization staffed by volunteer attorneys and workers for the sole purpose of taking complaints against police officers and following them through to the end.

I would also set up a very public website that would in addition to taking the ACLU's suggestion of taking complaints against police officers online it would publicly list an outline of a citizen's complaint (while maintaining their anonymity) with the accused police officers name and what he was allegedly accused of doing.

Setting up this type of organization city wide and in every ward would endear Councilman Rice to the people while drawing the hatred of the police department. Wonder which he fears most?

4. Today, we have some of the weakest Black leaders ever in our history. Its acceptable to be mediocre. Where are the new Martin Kings or Adam Clayton Powells? Where are those who would risk their positions and offices for bucking the system and drastically going against the grain in support of the people?

If Councilman Rice cannot get his Council colleagues to support a Civilian Complaint Review Board why not try to set up one (or something close to it) without them?

Finally, the illegal actions of the Newark Police is costing the people of this city much more than most think:

*It cost us by having to pay lawyers to defend civil lawsuits filed by victims of overzealous police officers.

*It cost us by paying out financial settlements because of these civil lawsuits.

*It cost us by depriving our community of the innocent and progressive lives of young Black kids who are jaded by an unwarranted negative experience with the police. Young men who may have an initial respect for the police as a little kid lose it all when they are treated wrongfully and illegally by the police. Children who grow up jaded by the police due to mistreatment will surely have a huge amount of respect for other kids (gang members, drug dealers, etc.) that act as though they have no fear of the police. Children should not fear the police, they should fear doing crimes. They should like the police through respect for the police not because a cop threatened to "blow his head off" looking down the barrel of a 9mm.

*It cost us in more crime in our community. A person who fears the police will never call the police when they see a crime committed even if the crime is being committed against them. Aggressive or dishonest police breeds dishonest civilians. Why be honest, not steal, not assault, not sell drugs etc. when you see and know cops who do it in your community? Those who are suppose to uphold the law are breaking the law too...Why not me?

I do not believe that Councilman Rice or any other elected official in Newark is willing to open up this Pandora's Box (Guess that's why he's having such a hard time getting his colleagues to agree on a CCRB). They would rather not completely open that box and still be looked upon as a friend of the police than completely opening that box and being totally hated by the police.

Braveheart you asked the real question....What happens when cops refuse to appear? Will our Mayor and Police Director compel officers to appear and tell all? Will the the Mayor fire cops who don't appear? What is Councilman Rice willing to do to make sure that the administration compels cops to appear and answer questions?

I'm with you on this one, I think this is a toothless tiger. Subpoena powers mean nothing without real consequences for those who don't show. It would take an Adam Clayton Powell to open this box and Councilman Rice (again no disrespect) does not seem like that type.

I hope I'm wrong but this issue is best dealt with head on without fear of retribution, not side ways, still wanting to be accepted and half-assed.

[BraveHeart]

I hope I'm wrong but this issue is best dealt with head on without fear of retribution, not side ways, still wanting to be accepted and half-assed.

No one in internal affairs or city government can say that retaliation, political or otherwise, isn't a mainstay in Newark. This is why certain people have been untouchable when it came to IAD investigations. I want to go back and remind you of that year when officers in the NPD were being shot at. The word on the street was that a certain group of police officers were out there robbing drug dealers. That, in fact, they had been doing it so much that the criminals decided to fight back. I wonder who was in charge of that unit then.

If it did exist ;) , this rogue element would have been a cash cow for anyone who was behind it. The type of money generated from these activities would go to funding; gambling, girlfriends, apartments and other extra curriculars. It could also be used to pay higher officials for certain positions within the department, perhaps even some campaign contributions here and there. That money buys loyalty and insulation against further scrutiny. This would also beg the question: What if that was still going on? What if certain officials were in the pockets of these criminal cops?

Until I see people walked out of that place in handcuffs I won't be buying into the propaganda. What I see for now is an effort to keep prying eyes from going into the bowels of the city. It may be too little too late right now though because some of us have stayed with it longer than they had hoped. They couldn't shred material fast enough.

The council needs to take the lead and request that the AG's office or the FBI intervene if the people served refuse to cooperate in investigations of official misconduct and violations of protected activities. Set an example for the rest of the state by showing how to rid a department of corrupt individuals.


PS: Hey Power, didn't I tell you to keep your eyes and ears open? Well I'm going to tell you again. Tap into that grapevine, call your old buddies down at IAD.

Now if you'll excuse me, I have to download some music to listen to for when my ears start ringing. I'll need them for when I show up to that council meeting. :)


JMX

[John360]

If the rest of the Council refuses to officially put together a civilian complaint review board why can't Councilman Rice set up a city wide, non-profit, organization staffed by volunteer attorneys and workers for the sole purpose of taking complaints against police officers and following them through to the end.

Sooo...the solution to the problem is to set up a non-profit to essentially sue the crap out of the city? No thanks - I think the city's taxes are high enough already. How about solving the problem instead of bankrupting the city?

[Make Newark Clean]

Great Thread!!!

Go get 'em Pro!


^

[Doofus1]

There should be a civilian review board. It is a no brainer in this day and age of transparency. However, unless you re-write the civil service laws and allow that board to fire incompetent or dangerous officers, you can forget it having any real power.

[BraveHeart]

I forgot to mention the hatchet men. The so called fair and impartial selections that are hand picked by the director to carry out his will. If that's not the case then they sit there being told what to do by a corporation council representative the entire time who is, in effect, supposed to be the prosecuting attorney. The record should also show how each member voted, and why, based on his interpretation of the the testimony given and the evidence presented.

These appointments should be made as an open lottery system. One where a pool is established and everyone knows who their potential members might be. The FOP should be part of this process or at the very minimum be present.

Again I cite my case where evidence was suppressed, ignored and witnesses told not to respond that had been subpoenaed by my attorney. The people involved at my trial gave false testimony while being part of a larger conspiracy to terminate all the people involved with NewarkSpeaks. The trial board was made aware of the forged subpoenas and the coerced statements given by me. It wouldn't have mattered what evidence I had presented.

If there are to be sanctions against people practicing disparate treatment then those sanctions should extend to the members of the trial board as well. They are never made to explain their decisions in writing after the conclusion of the trial. This should never be the case in a situation where people's livelihoods are at stake.


JMX

[HAVESEENENOUGH]

There should be a civilian review board. It is a no brainer in this day and age of transparency. However, unless you re-write the civil service laws and allow that board to fire incompetent or dangerous officers, you can forget it having any real power.

I agree that it may be a good solution. There are just too many problems that come with it. I think that if your going to have civilians sitting in on departmental hearings for police officers then they should have to receive the same training police officers go through as well as ride along with an experienced patrol team for an extended amount of thime to experience what is really going on out there. There is always two sides to a story. I am in no way saying that there is no wrong doing on the side of the police. It has been my experience that a majority of the complaints that get filed against police officers is just an attempt by the suspects to get their charges dismissed. Again, I am not saying the police are innocent when it comes to any wrong doing.

The other thing I would like to address here is I think the Councilman is doing the best that he can do with this situation thus far. The city is being sued everyday by suspects that feel they were mistreated. To change policy as some here suggest would just double those law suits, by both the suspects and the police officers when the review board you want does not find in their favor. It already happens in Los Angeles.

[ProSouth]

Sooo...the solution to the problem is to set up a non-profit to essentially sue the crap out of the city? No thanks - I think the city's taxes are high enough already. How about solving the problem instead of bankrupting the city?

Agreed, lets solve the problem? How long have we been talking about this? Obviously the NPD are incapable of solving the problem themselves. So it should cost the city one way or another until they figure out that harassing innocent citizens is not a smart way to fight crime. It works against us.

[HAVESEENENOUGH]

Agreed, lets solve the problem? How long have we been talking about this? Obviously the NPD are incapable of solving the problem themselves. So it should cost the city one way or another until they figure out that harassing innocent citizens is not a smart way to fight crime. It works against us.

I understand you are frustrated but this idea just will not work. There will be frivilous lawsuits filed up the ying-yang. Lawyers will line up for the fast cash,most of which will be paid out by the city. Even if the cases get dismissed in the city's favor they will have to pay out to litigate it.

[ProSouth]

I agree that it may be a good solution. There are just too many problems that come with it. I think that if your going to have civilians sitting in on departmental hearings for police officers then they should have to receive the same training police officers go through as well as ride along with an experienced patrol team for an extended amount of thime to experience what is really going on out there. There is always two sides to a story. I am in no way saying that there is no wrong doing on the side of the police. It has been my experience that a majority of the complaints that get filed against police officers is just an attempt by the suspects to get their charges dismissed. Again, I am not saying the police are innocent when it comes to any wrong doing.

The other thing I would like to address here is I think the Councilman is doing the best that he can do with this situation thus far. The city is being sued everyday by suspects that feel they were mistreated. To change policy as some here suggest would just double those law suits, by both the suspects and the police officers when the review board you want does not find in their favor. It already happens in Los Angeles.
The current system does not work and disrespects the people its suppose to protect. There is far too much "personal" in police work and not enough professionalism. Cops violate laws and rights when they police based upon their emotions and their personal interests. PERIOD.

I think members of a CCRB should only learn: 2C, NPD Policies, police procedure for making an arrest, AG Guidelines, and arrest, search and seizure. And they should not learn it from a cop. They should learn it from an independent source.

I think riding around with a cop to see things from his perspective is too prejudicial. That's just like suggesting that members ride around with gang members to see things from their perspective.

[ProSouth]

I understand you are frustrated but this idea just will not work. There will be frivilous lawsuits filed up the ying-yang. Lawyers will line up for the fast cash,most of which will be paid out by the city. Even if the cases get dismissed in the city's favor they will have to pay out to litigate it.There will be frivolous lawsuits and greedy lawyers, however, hopefully someone in the administration will see the problem and will push the police department to change the way it does things and clean out the non-professional cops who cost the city much more than frivolous lawsuits.

[Outside]

Agreed, lets solve the problem? How long have we been talking about this? Obviously the NPD are incapable of solving the problem themselves. So it should cost the city one way or another until they figure out that harassing innocent citizens is not a smart way to fight crime. It works against us.


Maybe you could throw a police department out there that is doing things correctly?

[ProSouth]

Maybe you could throw a police department out there that is doing things correctly?No Martin Kings or Adam Clayton Powells willing to buck the system anymore....Just those who want to do what everybody else is doing and continue the status quo....

Let's say that there are absolutely no other police departments doing things correctly. Are you suggesting that Newark can't be the first or are you suggesting that it is impossible for anyone to accomplish?

[HAVESEENENOUGH]

The current system does not work and disrespects the people its suppose to protect. There is far too much "personal" in police work and not enough professionalism. Cops violate laws and rights when they police based upon their emotions and their personal interests. PERIOD.

I think members of a CCRB should only learn: 2C, NPD Policies, police procedure for making an arrest, AG Guidelines, and arrest, search and seizure. And they should not learn it from a cop. They should learn it from an independent source.

I think riding around with a cop to see things from his perspective is too prejudicial. That's just like suggesting that members ride around with gang members to see things from their perspective.

I agree with you on some points. I certainly would not think or suggest that if a civilian review board were to be established that they get their training from the Newark Police Department. They could be trained by the Essex County Prosecutors Office or the Essex County Police Academy. Of course the expense of that training would be on the city of Newark.

My suggestion that these people also having to go out there and experience what is going on with the police is because quite frankly the average person would just not believe what people do in this city and how the police have to deal with those actions. I have testified at trials or before a Grand Jury and have seen for myself, the reactions of jurors when they hear evidence that they think is unbelievable or even sometimes laughable. Police Officers get spat on, have objects thrown at them, physically assaulted ect. in Newark everyday. We also must endure some of the most insulting remarks and cursing that you could possibly imagine. It still amazes me how many people call the police to respond to an incident only to curse the officers out when the officer explains that their complaint is not a matter that can be resovled with a police action. I must tell you that the majority of Newark Police officers handle these situations with poise and professionalism. That is not my opinion, it is based on experience. A few bad apples spoil the bunch as they say. I will say again that there are two sides to a story and if you are going to have civilians making decisions on police actions there would have to be some major steps taken to get that done.

Please understand that I am in no way saying that the type of misconduct you mention on the part of the police does not exist. I just don't think that it is to the level that would merit the major steps that would have to be taken for a civilian review board.

As others have pointed out here, officers sometimes are not getting fair treatment from the department either at times. That is how this discussion started in the first place.

[Doofus1]

I agree with you on some points. I certainly would not think or suggest that if a civilian review board were to be established that they get their training from the Newark Police Department. They could be trained by the Essex County Prosecutors Office or the Essex County Police Academy. Of course the expense of that training would be on the city of Newark.

This is not controversial, as long as it is balanced by training as to the rights innocent people and even suspects are afforded under the constitution. I'm not going to feel bad for the suspect that spits at an officer and then "accidentally" bangs his head on the roof of the car when being taken in or a group of kids out late on the street corner being talked to by a cop in a black and white. But I am concerned about citizens having their doors smashed in without proper cause or being harrassed by overzealousness. I am concerned about cops stealing evidence or using their position to cover their own crimes. It should not take a lot of training to understand that the latter issues are serious, while the former are not.

[HAVESEENENOUGH]

This is not controversial, as long as it is balanced by training as to the rights innocent people and even suspects are afforded under the constitution. I'm not going to feel bad for the suspect that spits at an officer and then "accidentally" bangs his head on the roof of the car when being taken in or a group of kids out late on the street corner being talked to by a cop in a black and white. But I am concerned about citizens having their doors smashed in without proper cause or being harrassed by overzealousness. I am concerned about cops stealing evidence or using their position to cover their own crimes. It should not take a lot of training to understand that the latter issues are serious, while the former are not.

I agree with you 100%.

[Outside]

No Martin Kings or Adam Clayton Powells willing to buck the system anymore....Just those who want to do what everybody else is doing and continue the status quo....

Let's say that there are absolutely no other police departments doing things correctly. Are you suggesting that Newark can't be the first or are you suggesting that it is impossible for anyone to accomplish?


Actually what I am saying is that you sit there and just throw things out, never satisfied with anything having to do with the NPD. You make all these allusions as to these cops breaking laws and violating rights, document something, give a specific place or time, make a complaint yourself. Something.

[ProSouth]

Actually what I am saying is that you sit there and just throw things out, never satisfied with anything having to do with the NPD. You make all these allusions as to these cops breaking laws and violating rights, document something, give a specific place or time, make a complaint yourself. Something.I made a New Years Resolution not to waste my time with idiots on this forum who offer absolutely no solutions regarding issues in Newark. I'll further ignore you if you don't even live in Newark and all you have to offer is empty crap. This describes you Outside.

I can almost guarantee you that every Black man and woman on this forum (which I am sure you are not) who lives in or grew up in Newark has either personally or have immediate family who has been a victim of police corruption, brutality or misconduct.

What amazes me about YOU PEOPLE is that you think that just because it may not happen in your township, village, lake, gated community that when Blacks and Hispanics in Newark allege police misconduct we are not telling the truth.

Let's see Einstein, even your God McCarthy says that there is a 16% decline in complaints to IA. Wonder if he was talking about a 16% decline in frivolous complaints?

For the record, just like street gangs, I dislike and am not satisfied with any institution that encourages and supports criminal acts against innocent people. At least the Crips and the Bloods are not supported by our tax dollars.

I would ask you for a solution but it would be useless since you don't see a problem in the first place.

[ProSouth]

I agree with you on some points. I certainly would not think or suggest that if a civilian review board were to be established that they get their training from the Newark Police Department. They could be trained by the Essex County Prosecutors Office or the Essex County Police Academy. Of course the expense of that training would be on the city of Newark.

My suggestion that these people also having to go out there and experience what is going on with the police is because quite frankly the average person would just not believe what people do in this city and how the police have to deal with those actions. I have testified at trials or before a Grand Jury and have seen for myself, the reactions of jurors when they hear evidence that they think is unbelievable or even sometimes laughable. Police Officers get spat on, have objects thrown at them, physically assaulted ect. in Newark everyday. We also must endure some of the most insulting remarks and cursing that you could possibly imagine. It still amazes me how many people call the police to respond to an incident only to curse the officers out when the officer explains that their complaint is not a matter that can be resovled with a police action. I must tell you that the majority of Newark Police officers handle these situations with poise and professionalism. That is not my opinion, it is based on experience. A few bad apples spoil the bunch as they say. I will say again that there are two sides to a story and if you are going to have civilians making decisions on police actions there would have to be some major steps taken to get that done.

Please understand that I am in no way saying that the type of misconduct you mention on the part of the police does not exist. I just don't think that it is to the level that would merit the major steps that would have to be taken for a civilian review board.

As others have pointed out here, officers sometimes are not getting fair treatment from the department either at times. That is how this discussion started in the first place.We agree.

Would you agree with me that cops who lose his or her temper and become unprofessional because they got spat on, or assaulted or cursed out should not be on the job?

[HAVESEENENOUGH]

We agree.

Would you agree with me that cops who lose his or her temper and become unprofessional because they got spat on, or assaulted or cursed out should not be on the job?

This is an easy one. If someone curses at you for no reason it is not a crime it is a sign of ignorance. As long as the police officer is aware of that he or she should be able to tell that person to "Have a nice day" and move on to their next assignment. It works, and the police officer should feel better about himself or herself for not getting caught up in that nonsense. If you can't do that your in the wrong line of work.

However I must point out that if an officer is spat on or assaulted an arrest must be made. If someone has already assaulted an officer they are almost certainly going to resist arrest. Should that happen that does not mean all bets are off and the officer can dance on that person's head. There are guidelines related to the use of force that have to be followed and just plain use of common sense.

There are alot of people that want to be police officers. That doesn't mean that it is the right job for them. I believe that some officers don't know what they are getting themselves into when they take the job until after they are out there on the streets. When they realize that they may not be cut out for it most still stay on the job. Others may just be bullies that can't grow up.

[BLAXIMUS]

I like the tenor of this discussion because it exposes the problem, and at the same time it exposes why this type of problem is and will be ongoing.

I am not a member of law enforcement, but I am a strong supporter of law enforcement. At the same time, I am equally dismayed by some of the actions I have personally witnessed taken by law enforcement.

I grew up in East Orange and have lived in Newark for only a decade. I can honestly say that I have had only good interactions with NPD, but I am not naive enough to believe that my experience rules out any misconduct by a few ( maybe more than a few ) rogue or ill-trained officers.

Also, I am at the age that I no longer fit the " suspect " type.:cool:

Let me pose a question : Is it really in the best interest of the brass of NPD to vigorously pursue allegations of mistreatment? Can we truly expect McCarthy to expose inappropriate actions that have taken place during his tenure?

Is McCarthy the type to get involved in investigations of prior administrations top officers?

Blue wall of silence anyone?

At this point, and I may be way off base here, I think that the best course of action is to put in place better training and disciplinary enforcement - but we need BOTH in place.

Moving forward the CCRB needs to be more enpowered, perhaps with direct linkage to Mr Booker and the prosecutors office (?).

PRO, I feel ya. There is a dirth of black leadership and abuse by authorities always rises when there is no one ( or group ) to speak out and raise a little hell.

This is a simple, yet complicated issue...even though it shouldn't be. Everyone should try to respect the law - especially those entrusted to enforce law. The public as well as the officers need to respect one another. The idea of anyone spitting on an officer actually sickens me. But hey, they idea of anyone spitting on anyone offends me.

I hope Mr. Rice can really effect some change or at least some meaningful dialog that can lead to change. I hope he keeps MY9's phone number handy because a t.v. cmera can work magic in situations like this.

[Outside]

Originally posted by ProSouth
I can almost guarantee you that every Black man and woman on this forum (which I am sure you are not) who lives in or grew up in Newark has either personally or have immediate family who has been a victim of police corruption, brutality or misconduct.


Ok, I believe you, lmao

[Diamond]

I guess I missed alot!:D


Finally, someone whose not "bought" from the Council stands up!


Pro, nice comments.

[Caballero De Newark]

We agree.

Would you agree with me that cops who lose his or her temper and become unprofessional because they got spat on, or assaulted or cursed out should not be on the job?

...with you that NO ONE should be abused because an officer is 'having a bad day.' *But I should point out that spitting is s crime! NO ONE, police or otherwise, should have to deal with that. Keep it in mind that there were FIVE of us that spoke up about what was going on and we named names-look what happened to those we named and what happened to us. By the way, two down and three to go!

[BraveHeart]

I was present today at the meeting held by council members Rice, Ramos and Payne. I made it a point to be there because I wanted to see this "math" Deborah mentioned. What I saw was a one-sided power point presentation that showed a breakdown of officers on the job by race and how investigations were in almost perfect relation to those numbers. Color me surprised :rolleyes:

I would expound on what I gathered from the director's comments here but I find that holding them for a more appropriate time, one that will benefit me at deposition or trial, would be best. Why show my hand?

Though I did not make entry into the record at this meeting, I did speak with Councilman Payne very briefly and passed along what I believe could benefit everyone involved. Since the heart of this argument centers itself with internal affairs, and the complaint process and it's fairness, then I propose the following; Take it away. Take it away from the police director and make it a unit unto itself under the authority of the city council. The operation would remain essentially the same except that the appointees are selected by the council and answer only to the council.

It is obvious that while the police director has control of this unit, no investigation can be seen as totally fair, impartial or thorough. Previous directors have used IAD as a sword against honest police and citizens filing complaints against rogue cops, as well as, to shield themselves from investigation. We need look no further than Ambrose and Celester as examples.

By making Internal Affairs/Professional Standards separate from the rest of the police department it would be able to thoroughly investigate even the director himself if any average citizen wished to lodge a complaint against him. Right now, as it stands, and short of that person going to the press, there is no way that this could happen. Even when someone employs the media, look at what happened with the slap on the wrist penalty that DeMaio received after violating an Attorney General Guideline. The system is terribly flawed and wreaks of of favoritism and immunity from prosecution.

I believe that citizens' complaints would be given the attention deserved by doing this, and a more accurate system for record keeping of complaints received would be established. Council members could have the option of taking complaints at their offices and forwarding them to IAD, and this in itself, would serve to keep the recorded number honest. The added benefit is that many people would probably feel less threatened by going to these places instead of having to go into 22 Franklin St. Further down the road, a citizen complaint hotline could be instituted in conjunction with a number system, to maintain anonymity if desired, for those citizens making complaints about inappropriate police conduct.

This is just an idea I'm throwing out there. I look forward to hearing all of your input.


JMX

[HAVESEENENOUGH]

Newark launches investigation into police disciplinary procedure
by Sharon Adarlo/The Star-Ledger
Wednesday January 14, 2009, 8:01 PM

The Newark City Council launched an investigation today into the police department's disciplinary procedure after African-American and Hispanic officers complained supervisors were disproportionally punishing them.

"This is not a witch hunt," said Councilman Ronald C. Rice, who heads the council committee looking into the complaint. "We hope the allegations are proven to be untrue."

Over the years, Rice said, there has been discontent from police officers that the process was unfair to African-American and Hispanic officers. Rice and Councilman-at-large Donald Payne Jr. said they have been approached many times by officers who felt discriminated against.

"We want to get the true nature of the discipline process and put in a transparent procedure," Rice said.

Police Director Garry McCarthy today said he welcomed the council's look at the workings of the department, adding the disciplinary process is part of his continuing review of the force.

"I strive to create a transparent agency," McCarthy said.

Last year, there were 915 total complaints issued against police officers, McCarthy said. Of those, African-American officers drew 41 percent, or 380 complaints, Caucasian officers garnered 27 percent, or 250 complaints, and Hispanic officers got 31 percent, or 285 complaints.

Compared with the 1,312-member police department, McCarthy said the proportion of complaints are similar to the makeup of the force.

The department is 36.2 percent African-American, 26.5 percent Caucasian and 36.9 percent Hispanic.

Rice said the committee wants to look at trends over time, reaching as far back as 1970.

"We can't just look at one year in isolation," he said.

During the meeting, McCarthy, who was appointed police director in 2006, outlined the disciplinary procedure for officers when a supervisor or Newark resident files a complaint. If there is enough evidence to back up the complaint, McCarthy said it is assigned a complaint against personnel, or CAP, number and the police officer is charged.

If an accusation is minor, such as tardiness or not wearing a hat, the police officer's commander can either dismiss it or suspend the officer for up to five days without pay, McCarthy said.

But if a charge is more serious, such as theft or drug intoxication, the officer's case is heard before a trial board of three captains. That panel can dismiss the charge, issue a suspension or fire the police officer. A fired police officer has the opportunity to appeal the ruling, McCarthy said.

Today, the committee subpoenaed Capt. Ronald Kinder, Deputy Chief Keith Rubel and Deputy Chief Niles Wilson to appear during the panel's executive session, which was not open to the public. A public portion preceded the closed session.

Rice said this was the first time in 40 years that the council has exercised its investigatory power over a city administration.

The committee's next meeting is scheduled for Feb. 11.

[J. Sharpe James, J.D.]

is now going to attempt scrutiny of the police Dept less than a few weeks AFTER getting rid of the Home Grown Chief Campos? McCarthty will shred them with his NYC "Mumbo Jumbo"!

They'd be better off monitoring and preventing more PAY-TO-PLAY contracts like the Website Debacle, making sure Newarkers get jobs and building more affordable housing instead of the HELIPORT in the North Ward.:cool:

[LastCubanStanding]

is now going to attempt scrutiny of the police Dept less than a few weeks AFTER getting rid of the Home Grown Chief Campos? McCarthty will shred them with his NYC "Mumbo Jumbo"!

They'd be better off monitoring and preventing more PAY-TO-PLAY contracts like the Website Debacle, making sure Newarkers get jobs and building more affordable housing instead of the HELIPORT in the North Ward.:cool:


By "home grown" do you mean corrupt?

By "mumbo jumbo" do you mean effective?

Just clarifying.

[J. Sharpe James, J.D.]

Campos was not corrupt and the best qualified for the Chief's position. I would support him if he ever wants to fight for the position in the future. He was born, raised and LIVES in Newark, which is more than I can say for saps like you who leech our city during the day and slink home right before it gets dark.

You can attack me all day, but it won't take away from the fact that the current administration is in over its head as more layoffs and indictments loom.

In 2009-10 all their initial financial gaffs and failure to correct the STRUCTURAL DEFICIT, which they raved about during the campaign, will crush the budget. You just can't keep raising taxes!

[LastCubanStanding]

Campos was not corrupt and the best qualified for the Chief's position. I would support him if he ever wants to fight for the position in the future. He was born, raised and LIVES in Newark, which is more than I can say for saps like you who leech our city during the day and slink home right before it gets dark.

You can attack me all day, but it won't take away from the fact that the current administration is in over its head as more layoffs and indictments loom.

In 2009-10 all their initial financial gaffs and failure to correct the STRUCTURAL DEFICIT, which they raved about during the campaign, will crush the budget. You just can't keep raising taxes!


Someone who works for the County in a job his Daddy got him and who lives in a condo bought at a reduced cost from one of his Daddy's friends shouldn't be throwing the "leach" word around. Why don't you quit while your ahead?

[J. Sharpe James, J.D.]

from current admin's fiasco.

Didn't you learn from the trial not to lie? The HYPED reduced rate Tamika supposedly got for land was the SAME as everyone else paid for lots at the time.

The condo owner where I live supported Booker and NEVER donated to the James Campaign.

Why don't you try posting some facts to back up your ramblings?

Simply list the name of my Condo owner and HOW he was a Sharpe ally.

If you can't answer these simple questions then it will again merely show you as a HACK, especially since you don't even know what I paid for the condo, its value at that time or what other folks paid in the building as a comparison.

P.S. If a 23 year military officer and combat vet with an English Degree, Juris Doctorate in Law and political experience isn't
qualified to hold a county job then who is? Did you tell Ron Jr. he had his Trenton Board of Ed job and council seat because of his father? Did you tell Payne Jr he has his county, freeholder and council jobs because of his father?

Its so sad you cant explain away the council and Booker's bumblings.......

[HAVESEENENOUGH]

Calm down guys! You guys just jacked this thread. Let's stay on topic because this one is going to get interesting for more reasons than one.


Now shake hands and come out fighting....on another thread.:D

[J. Sharpe James, J.D.]

He is addicted to me. He doesn't post yet jumps into every post I put up. I'll call it a fixation. He'll get over it when the current crew in city hall crashes the budget and his business goes under.......

"Wanna get away?............."

Southwest Airlines:eek:

[ADMINISTRATOR]

Calm down guys! You guys just jacked this thread. Let's stay on topic because this one is going to get interesting for more reasons than one.


Now shake hands and come out fighting....on another thread.:DI would appreciate it if you guys could stick to the topic of the thread.

Some real good stuff here.

Thanks. :)

[LastCubanStanding]

I would appreciate it if you guys could stick to the topic of the thread.

Some real good stuff here.

Thanks. :)


Admin, you are correct.

John - please explain to us know what you mean by "home grown" and "NY mumbo jumbo." I suggest you throw in some before and after statistics to make your point. Being a JD in all, it shouldn't be very difficult for you to sway me to you point.

[ProSouth]

Newark launches investigation into police disciplinary procedure

by Sharon Adarlo/The Star-Ledger
Wednesday January 14, 2009, 8:01 PM

The Newark City Council launched an investigation today into the police department's disciplinary procedure after African-American and Hispanic officers complained supervisors were disproportionally punishing them.

"This is not a witch hunt," said Councilman Ronald C. Rice, who heads the council committee looking into the complaint. "We hope the allegations are proven to be untrue."

Over the years, Rice said, there has been discontent from police officers that the process was unfair to African-American and Hispanic officers. Rice and Councilman-at-large Donald Payne Jr. said they have been approached many times by officers who felt discriminated against.

"We want to get the true nature of the discipline process and put in a transparent procedure," Rice said.

Police Director Garry McCarthy today said he welcomed the council's look at the workings of the department, adding the disciplinary process is part of his continuing review of the force.

"I strive to create a transparent agency," McCarthy said.

Last year, there were 915 total complaints issued against police officers, McCarthy said. Of those, African-American officers drew 41 percent, or 380 complaints, Caucasian officers garnered 27 percent, or 250 complaints, and Hispanic officers got 31 percent, or 285 complaints.

Compared with the 1,312-member police department, McCarthy said the proportion of complaints are similar to the makeup of the force.

The department is 36.2 percent African-American, 26.5 percent Caucasian and 36.9 percent Hispanic.

Rice said the committee wants to look at trends over time, reaching as far back as 1970.

"We can't just look at one year in isolation," he said.

During the meeting, McCarthy, who was appointed police director in 2006, outlined the disciplinary procedure for officers when a supervisor or Newark resident files a complaint. If there is enough evidence to back up the complaint, McCarthy said it is assigned a complaint against personnel, or CAP, number and the police officer is charged.

If an accusation is minor, such as tardiness or not wearing a hat, the police officer's commander can either dismiss it or suspend the officer for up to five days without pay, McCarthy said.

But if a charge is more serious, such as theft or drug intoxication, the officer's case is heard before a trial board of three captains. That panel can dismiss the charge, issue a suspension or fire the police officer. A fired police officer has the opportunity to appeal the ruling, McCarthy said.

Today, the committee subpoenaed Capt. Ronald Kinder, Deputy Chief Keith Rubel and Deputy Chief Niles Wilson to appear during the panel's executive session, which was not open to the public. A public portion preceded the closed session.

Rice said this was the first time in 40 years that the council has exercised its investigatory power over a city administration.

The committee's next meeting is scheduled for Feb. 11.

This so called investigation will end up absolutely no where. I was told as a child, "How you start something is usually how it ends". I know Brother Rice is smarter than this. So far the people being subpoenaed are people who are willing to show up. Again, will they subpoena police brass who are accused of wrongdoing and allow their accusers to be heard? And what happens at that point? I'll tell you what happens... The council won't call them or we'll never know because they will go into a private executive session.

Regarding this private Executive Session crap let me quote Brother Rice:

"Real reform and change takes a tremendous amount of time and effort and that process is not sexy, not usually of importance to the media and even when stated in council meetings, is mostly dismissed unless repeated over and over again at every single meeting."

This sounded like he wanted open and public meetings regarding this issue. Now they are going into private sessions? Same old, same old.

One more thing....Why not a witch hunt? This investigation is to make change right? Why not have a good old fashioned witch hunt for the bad apples in the NPD? To me that statement sounds a lot like the council is going to give the police as many courtesies as possible....which will derail and defeat the whole purpose of this so-called investigation.

[BraveHeart]

I hate to be the one to point this out but it seems that no one cares what happens in these proceedings. I mean, I see all the talk and attention given on this forum but, no one cared enough to show up at this session. Nothing I could post here can take the place of witnessing that the charade put on by the NPD for yourself.

I was asked by a reporter outside, in the hall, during the executive session, what I though about McCarthy. I was diplomatic in my response. In truth, his effort that day helped me realize how totally clueless this man is of what is going on under his nose. The mere fact that he walked into that office with Ronald Kinder is proof of that. It's like taking the town hoochie to the prom and being the only one there that doesn't know it.

I would have hoped for more people to be present is all. Perhaps if this thing starts getting a little more attention, picks up some steam, then maybe attendence will go up. You can count on me being there.

JMX

[Make Newark Clean]

[B][SIZE=4]But if a charge is more serious, such as theft or drug intoxication, the officer's case is heard before a trial board of three captains. That panel can dismiss the charge, issue a suspension or fire the police officer.

I'm a little confused here. I thought a police review board would involve itself with infractions such as discourteous behavior and other less significant allegations. I wasn't prepared for "three captains" to intercept justice. Their role reads like an informal military court martial. Would these captains, in effect, act like a grand jury? For example, if a cop is accused of stealing something from a citizen while on duty, would this board be able to mete out its own justice instead of commending an officer to real courts? Could a court be influenced by the "punishment" issued by such board and discourage formal charges, or lessen them? Will those three captains become, in effect, an involuntary arbitration proceeding?


^

[Caballero De Newark]

"The mere fact that he walked into that office with Ronald Kinder is proof of that. It's like taking the town hoochie to the prom and being the only one there that doesn't know it."

...we were thinking the SAME thing. I'm sure it's not there anymore, but there used to be a sign outside of the holding cell in the West District Precinct that had a European cross sign over "KKKinder." There's a reason so many of us felt that way-and it wasn't just the Black and Hispanic cops.

[Outside]

I'm a little confused here. I thought a police review board would involve itself with infractions such as discourteous behavior and other less significant allegations. I wasn't prepared for "three captains" to intercept justice. Their role reads like an informal military court martial. Would these captains, in effect, act like a grand jury? For example, if a cop is accused of stealing something from a citizen while on duty, would this board be able to mete out its own justice instead of commending an officer to real courts? Could a court be influenced by the "punishment" issued by such board and discourage formal charges, or lessen them? Will those three captains become, in effect, an involuntary arbitration proceeding?


^

Crimes are forwarded to the prosecutor's office for action. The panel of cops hears matters that involve violations of department rules and regs. The FD has the same concept.

[rice2006]

I respect you and your comments, so let me clarify a few things that you have stated in previous posts and/or bring some facts to a few unfounded allegations as best as I can:

1) No, I do not want to engage in a witchunt, which simply means that I am not trying to investigate the NPD's practices with any preconceived notions nor any presumption of guilt. That is what investigations are for, to prove or disprove allegations and charges. I do not know what kind of investigation I could make if I and my fellow committee members started off with the premise that the NPD is a racially biased department that was guilty until proven innocent. And I do hope and pray that the allegations are proven untrue simply because I do not know one resident of our city that would hope otherwise.

2) Naturally, my committee wants an open process, but the state Faulkner Act prohibits my committee from doing so regarding matters involving personnel matters and certain contracts. I have consulted many attorneys and other legal minds regarding these matters outside of the council's and the city's corporation counsel. If any attorneys read this and can find a way to get around this AND compel honest testimony from those called and subpeoned, please contact me. To date, no one has. But ALL comments made even in executive session are and have been recorded and is in the transcript of the proceedings.

3) Everyone that we have subpeanoed has apeared so far. If some do not, then we will cross that bridge when we get there and use whatever powers this legislative body has to compel compliance including appealing to other judicial authorities. We are also attempting to subpeoona personnel files and other materials for the committee's review.

Let me just add this. There is no road map to follow here. NO OTHER COUNCIL HAS DONE THIS IN NEWARK OR IN ANY OTHER MAJOR CITY IN NJ PERIOD. So, we are developing the process as we go through it and setting precedent. I would not have wasted almost a year of my life and those of my colleagues and legal counsel if I were not serious about this and the manhours we have put into this effort bear witness to that.

4) Lastly, at the end of this (and we do not know where this will end) we hope to be able to do what the law allows us as a legislative body to do: to make recommendations for changes and for a discipline matrix that will be transparent and accountable and that we find ways for more council oversight over the process, again, based on what the council can do by law. And, if we uncover illegality, manipulation, malfeasance, misfeasance, etc., then we will refer our results to higher legal authorities, the AG office and feds for further investigation.

But again, you have every right to be doubtful and to question and probe this exercise. What I won't let you question is my or my committee's intentions to try and deal with these allegations in a manner that gets us real information and allows us to seperate the wheat from the chafe so that we can solve problems. We are at least trying, which is more than has ever been attempted or even reviewed by previous folks that sat where we sit.

[Diamond]

Newark launches investigation into police disciplinary procedure

by Sharon Adarlo/The Star-Ledger
Wednesday January 14, 2009, 8:01 PM

The Newark City Council launched an investigation today into the police department's disciplinary procedure after African-American and Hispanic officers complained supervisors were disproportionally punishing them.

"This is not a witch hunt," said Councilman Ronald C. Rice, who heads the council committee looking into the complaint. "We hope the allegations are proven to be untrue."

Over the years, Rice said, there has been discontent from police officers that the process was unfair to African-American and Hispanic officers. Rice and Councilman-at-large Donald Payne Jr. said they have been approached many times by officers who felt discriminated against.

"We want to get the true nature of the discipline process and put in a transparent procedure," Rice said.

Police Director Garry McCarthy today said he welcomed the council's look at the workings of the department, adding the disciplinary process is part of his continuing review of the force.

"I strive to create a transparent agency," McCarthy said.

Last year, there were 915 total complaints issued against police officers, McCarthy said. Of those, African-American officers drew 41 percent, or 380 complaints, Caucasian officers garnered 27 percent, or 250 complaints, and Hispanic officers got 31 percent, or 285 complaints.

Compared with the 1,312-member police department, McCarthy said the proportion of complaints are similar to the makeup of the force.

The department is 36.2 percent African-American, 26.5 percent Caucasian and 36.9 percent Hispanic.

Rice said the committee wants to look at trends over time, reaching as far back as 1970.

"We can't just look at one year in isolation," he said.

During the meeting, McCarthy, who was appointed police director in 2006, outlined the disciplinary procedure for officers when a supervisor or Newark resident files a complaint. If there is enough evidence to back up the complaint, McCarthy said it is assigned a complaint against personnel, or CAP, number and the police officer is charged.

If an accusation is minor, such as tardiness or not wearing a hat, the police officer's commander can either dismiss it or suspend the officer for up to five days without pay, McCarthy said.

But if a charge is more serious, such as theft or drug intoxication, the officer's case is heard before a trial board of three captains. That panel can dismiss the charge, issue a suspension or fire the police officer. A fired police officer has the opportunity to appeal the ruling, McCarthy said.

Today, the committee subpoenaed Capt. Ronald Kinder, Deputy Chief Keith Rubel and Deputy Chief Niles Wilson to appear during the panel's executive session, which was not open to the public. A public portion preceded the closed session.

Rice said this was the first time in 40 years that the council has exercised its investigatory power over a city administration.

The committee's next meeting is scheduled for Feb. 11.

This so called investigation will end up absolutely no where. I was told as a child, "How you start something is usually how it ends". I know Brother Rice is smarter than this. So far the people being subpoenaed are people who are willing to show up. Again, will they subpoena police brass who are accused of wrongdoing and allow their accusers to be heard? And what happens at that point? I'll tell you what happens... The council won't call them or we'll never know because they will go into a private executive session.

Regarding this private Executive Session crap let me quote Brother Rice:

"Real reform and change takes a tremendous amount of time and effort and that process is not sexy, not usually of importance to the media and even when stated in council meetings, is mostly dismissed unless repeated over and over again at every single meeting."

This sounded like he wanted open and public meetings regarding this issue. Now they are going into private sessions? Same old, same old.

One more thing....Why not a witch hunt? This investigation is to make change right? Why not have a good old fashioned witch hunt for the bad apples in the NPD? To me that statement sounds a lot like the council is going to give the police as many courtesies as possible....which will derail and defeat the whole purpose of this so-called investigation.




I agree Pro, indeed a "witch hunt". Officer's have been complaining about discrimination for YEARS. and you're right, and it's that simple, get rid of the "BAD APPLES" and life in the NPD will be grand! It doesn't take a rocket scientist to figure this out.:rolleyes:

[BraveHeart]

And, if we uncover illegality, manipulation, malfeasance, misfeasance, etc., then we will refer our results to higher legal authorities, the AG office and feds for further investigation.



Councilman, you are being bamboozled. While McCarthy sat there touting a command structure that "prevents" disparity and impropriety, the two men that came in with him knew that he was lying. If he was doing so knowingly or unknowingly will be decided in the near future.

As of this writing it is my understanding that Sammy DeMaio is again attempting to derail another officer, a detective, through the use of this command structure. I can, and will, give you the name of that detective and the sergeant who is being pressured to charge him. That is if want something more on your plate.

In respect to the uncovering of "illegality, manipulation, malfeasance, misfeasance, etc.", I have provided enough documentation to Deputy Chief Rubel's underlings to satisfy every count. The elements of manipulation and malfeasance have now expanded to include people who weren't even part of my original complaint but rather the one I filed a year ago. Even Mac and his "press grin" can't deny that the failure to issue a CAP one year after the IOP was drawn stinks of wrongdoing. There simply is no reason for it. I actually challenge them to find any instance where it took a year to issue a complaint number on an investigation.

I have given up on any expectations I had of the city doing the right thing in any way, shape, or form. That being said I still applaud your effort. You are up against a collective that has been in power for decades. They can manipulate any situation to make themselves sound credible. You have to learn to see the lies. That goes for McCarthy as well.

JMX

[HAVESEENENOUGH]

I know it has only been a week since your last meeting, but has there been any new developments that you can share with us on this forum?

[BraveHeart]

Anyone know when they're scheduled to meet again? Hopefully I'll see more people there this time around.

[HAVESEENENOUGH]

Anyone know when they're scheduled to meet again? Hopefully I'll see more people there this time around.

I read February 11, 2009 in the paper. That is why I asked the Councilman the previous question about seven days ago.

[Caballero De Newark]

I read February 11, 2009 in the paper. That is why I asked the Councilman the previous question about seven days ago.
...what would your best guess be about the outcome? Anyone?

[HAVESEENENOUGH]

...what would your best guess be about the outcome? Anyone?


I have mixed feelings about it.:rolleyes: I guess we have to wait and see.

[HAVESEENENOUGH]

I guess?:confused:

[Caballero De Newark]

"As of this writing it is my understanding that Sammy DeMaio is again attempting to derail another officer, a detective, through the use of this command structure. I can, and will, give you the name of that detective and the sergeant who is being pressured to charge him. That is if want something more on your plate."
Is the council looking into this? Did anyone get in touch with you to get the information that you are more than willing to share?

"In respect to the uncovering of "illegality, manipulation, malfeasance, misfeasance, etc.", I have provided enough documentation to Deputy Chief Rubel's underlings to satisfy every count. The elements of manipulation and malfeasance have now expanded to include people who weren't even part of my original complaint but rather the one I filed a year ago. Even Mac and his "press grin" can't deny that the failure to issue a CAP one year after the IOP was drawn stinks of wrongdoing. There simply is no reason for it. I actually challenge them to find any instance where it took a year to issue a complaint number on an investigation. "
AGAIN, is ANYONE in the council following up on this at all? Even the 'one year later I.O.P & C.A.P.?'
No one is asking for the previously mentioned "witch hunt," just that these matters are looked into and...handled accordingly.

[HAVESEENENOUGH]

"As of this writing it is my understanding that Sammy DeMaio is again attempting to derail another officer, a detective, through the use of this command structure. I can, and will, give you the name of that detective and the sergeant who is being pressured to charge him. That is if want something more on your plate."
Is the council looking into this? Did anyone get in touch with you to get the information that you are more than willing to share?

"In respect to the uncovering of "illegality, manipulation, malfeasance, misfeasance, etc.", I have provided enough documentation to Deputy Chief Rubel's underlings to satisfy every count. The elements of manipulation and malfeasance have now expanded to include people who weren't even part of my original complaint but rather the one I filed a year ago. Even Mac and his "press grin" can't deny that the failure to issue a CAP one year after the IOP was drawn stinks of wrongdoing. There simply is no reason for it. I actually challenge them to find any instance where it took a year to issue a complaint number on an investigation. "
AGAIN, is ANYONE in the council following up on this at all? Even the 'one year later I.O.P & C.A.P.?'
No one is asking for the previously mentioned "witch hunt," just that these matters are looked into and...handled accordingly.

As you can see on this thread he didn't answer it.

[rice2006]

I am not nor have I ever not responded to anyone that has asked me a question when I know they have asked it. After years of being on here, can a brother get some credit or the benefit of the doubt just once?

The committee meets every Wednesday after the Wednesday the city council meets at 10:00 AM in the council conference room. I said so at the last council meeting and will continue to do so.

I will not discuss our findings on this site before the committee has poured over our received documents and until we are farther along in the investigation as we are just starting.

These things take time and all are invited to the proceedings to hear. Last hearing, as I said at last council meeting, we had Dr. Gullah and Dr. Masitullo, Captain Cuccolo to get some understanding of medical and psych referrals. We requested information related to racial breakdowns of both and other matters related to medical office and Captain Kinder's performance.

Next hearing will concentrate on getting more information from Kinder and personnel, disciplinary records of various NPD officiers that will allow us to compare similarly situated officers and their discipline based on race as well as those of officials in hierarchy of NPD. Lastly, we will question union leadership regarding their opinions and stances on a uniform discipline matrix for the NPD and their alleged disapproval of such.

Where the investigation goes from there will be governed by what we find, do not find, and what we need to get more or better information on.

[J. Sharpe James, J.D.]

Happy Birthday Old Man!

[Diamond]

I am not nor have I ever not responded to anyone that has asked me a question when I know they have asked it. After years of being on here, can a brother get some credit or the benefit of the doubt just once?

The committee meets every Wednesday after the Wednesday the city council meets at 10:00 AM in the council conference room. I said so at the last council meeting and will continue to do so.

I will not discuss our findings on this site before the committee has poured over our received documents and until we are farther along in the investigation as we are just starting.

These things take time and all are invited to the proceedings to hear. Last hearing, as I said at last council meeting, we had Dr. Gullah and Dr. Masitullo, Captain Cuccolo to get some understanding of medical and psych referrals. We requested information related to racial breakdowns of both and other matters related to medical office and Captain Kinder's performance.

Next hearing will concentrate on getting more information from Kinder and personnel, disciplinary records of various NPD officiers that will allow us to compare similarly situated officers and their discipline based on race as well as those of officials in hierarchy of NPD. Lastly, we will question union leadership regarding their opinions and stances on a uniform discipline matrix for the NPD and their alleged disapproval of such.

Where the investigation goes from there will be governed by what we find, do not find, and what we need to get more or better information on.



but if this is the case regarding the "FAB 5", you were aware of the incident more than a year ago. Can you please tell me what kind of experience do you and the council have in "investigations"? Can you also tell me why are the City doctor's being used FOR PSYCHE EVALUATIONS; after all; don't they work "with" the police dept?:rolleyes:

This entire investigation is BS and you know it and I know it. You have "good" officer's whose lives have been on hold for the past 2+ years; if not longer waiting for someone with no investigative skills to determine their fate. This is a total mess and if any of you were that concerned, this would have been a priority AND BEEN RESOLVED a long time ago.

You claim this sought of investigation takes a long time, I say, not so if you have facts in front of you. We all know that the NPD is not good at solving crimes:rolleyes: Stop with the BS and end this on going charade! PLEASE!
HOW MUCH IS THIS COSTING THE RESIDENTS OF NEWARK?
WE CERTAINLY DON'T NEED ANYMORE "YES MAN'S" IN THIS ADMINISTRATION.


PS. NO DISRESPECT INTENDED.

HAVE A GOOD DAY.


BTW- HAVE YOU ASKED FOR PROOF FROM THE OFFICER'S IN QUESTION?

[HAVESEENENOUGH]

I am not nor have I ever not responded to anyone that has asked me a question when I know they have asked it. After years of being on here, can a brother get some credit or the benefit of the doubt just once?

The committee meets every Wednesday after the Wednesday the city council meets at 10:00 AM in the council conference room. I said so at the last council meeting and will continue to do so.

I will not discuss our findings on this site before the committee has poured over our received documents and until we are farther along in the investigation as we are just starting.

These things take time and all are invited to the proceedings to hear. Last hearing, as I said at last council meeting, we had Dr. Gullah and Dr. Masitullo, Captain Cuccolo to get some understanding of medical and psych referrals. We requested information related to racial breakdowns of both and other matters related to medical office and Captain Kinder's performance.

Next hearing will concentrate on getting more information from Kinder and personnel, disciplinary records of various NPD officiers that will allow us to compare similarly situated officers and their discipline based on race as well as those of officials in hierarchy of NPD. Lastly, we will question union leadership regarding their opinions and stances on a uniform discipline matrix for the NPD and their alleged disapproval of such.

Where the investigation goes from there will be governed by what we find, do not find, and what we need to get more or better information on.

Thank you for the update Councilman Rice. I know you are very busy and appreciate your response. You get the credit and the break on this one.:D

[rice2006]

Sometimes I just do not get on here as much as I would like. Just wanted to let you know that I try to answer all especially when I am asked a question directly.

My apologies when it is not timely. Appreciate your understanding

[rice2006]

I work 7 days a week at this job, harder and in amore intense way than anything I have ever done. I would not waste time doing anything in this position that I did not think would bear fruit. You have your opinion and I respect that, but never think I am just window dressing for the sake of appearances. Believe me, if I wanted a photo op, I can get that a million other ways that take less time, preparation and aggravation. Will try and answer some of your statements/questions:

"if this is the case regarding the "FAB 5", you were aware of the incident more than a year ago."

No, I am not aware of the Fab 5 incident and if you have specific information, I and the committee want it and will add it to our investigation. The hearings are a continuum, not a zero sum all of nothing process. We will continue with it and look at all matters brought to our attention until we get real answers. But it must be real and not just conjecture and in a form that is investigatable.

Can you please tell me what kind of experience do you and the council have in "investigations"?

None. The Newark City Council has NEVER USED ITS INVESTIGATION POWERS BEFORE. This is new and we have had to create the manner in which we are carrying this out as there is not precedent in our city's history. But I have a law degree and we are being assisted by our legal "counsel" out of the Clerk's office and they both have over 40 years of experience combined.

Can you also tell me why are the City doctor's being used FOR PSYCHE EVALUATIONS; after all; don't they work "with" the police dept?

Yes, but one needs to know how officers are referred to them, how evaluations are made, the percentage of those found fit for duty based on race, and the background of those that make those determinations. The length of contract, nature of it, etc. are definitely germane to any investigations. Even how they "work" with the NPD must be examined. Why wouldn't we?

You have "good" officer's whose lives have been on hold for the past 2+ years; if not longer waiting for someone with no investigative skills to determine their fate.

No investigation by any municipal council anywhere in America will determine anyone's fate. This legislative body does not have the power to serve as a substitute judicary or court. That is not my fault, it is what Faulkner Act empowers us to do and prevents us from doing. Our intent is to investigate concerns raised and given to us by a number of NPD officers around a lot of different issues and we are looking into them for the veracity of those complaints and to determine if there are institutional problems within the department. If we determine that there are, we will refer our findings to the appropriate authorities for further investigation that goes beyond and deeper than our power allows and we will make recommendations for institutional changes (with appropriate legislation as needed) to make those changes based on best practices, what works in more progressive communities, etc.

This is a total mess and if any of you were that concerned, this would have been a priority AND BEEN RESOLVED a long time ago.

What city council has been more concerned than this one that you can identify? You can't because we are going further than any previous council has even at this initial point. If you have pertinent information to provide us, even if offline, than I welcome it and will investigate it. But we have to move this debate beyond online forums, we have to seperate what is truth from what is alleged, and this body must at least educate ourselves about the practices of the NPD, get data, and do some basic things in order to do our job right for the taxpayers. This is no game and we are not playing. But it will be done responsbily and in a manner that makes sense.

You claim this sought of investigation takes a long time, I say, not so if you have facts in front of you.

If we are missing some facts, please provide them and not in a forum. I don't even know who you are as we have this back and forth.

HOW MUCH IS THIS COSTING THE RESIDENTS OF NEWARK?

It is not costing the city any additional money beyond copying costs, time and subpeona drafting hours.

WE CERTAINLY DON'T NEED ANYMORE "YES MAN'S" IN THIS ADMINISTRATION.

Not sure what that meant.

PS. NO DISRESPECT INTENDED.

None taken, but you cannot keep zero summing our efforts. You can't say take action and when we do, say it is not good enough especially when we are trying to make our way through the forest here. You cannot say our efforts are a waste of time and then not provide us with information to make better use of our time. You cannot call us out of our name when we do not even know your name.

BTW- HAVE YOU ASKED FOR PROOF FROM THE OFFICER'S IN QUESTION?

WE are doing that everyday in many different ways, ways I am obviously not going to list on a forum here.

[Diamond]

Thank you for your comments. I'm sure those who are looking to seek assistance will reach out to you. I personally don't have any proof of anything, but as a member here, I've read post regarding police misconduct and officer's being fired for posting on this very forum. Perhaps you weren't reading those posts:D



btw-As my Councilman, and if time permits; I'll see to it that I reach out to you personally to assist in my Ward.;)


Again, thank you for taking time out of your busy schedule to respond to this.

[rice2006]

Starting next month, we can definitely use your help in getting a few initiatives off the ground that we are introducing including our fledling ward based non-profit The West Ward Collective, Inc.

E-mail me at ricero@ci.newark.nj.us or come to our next Collective meeting on Saturday, March 7th at Sacred Heart School Cafeteria at 10:00 AM. We are also sponsoring our first monthly West Ward Block Federation meeting as we seek to have a once a month meeting of all of the block associations in the ward (and meeting spot for the creation of new ones for folks that do not have one or for ones that have become dormant). The purpose will be to:

-bring city departments before them to handle all of their constituent concerns once a month;
-to train in crime prevention and block watch techniques;
-to share best practices
-to develop ward based solutions
-to provide information on new programs and initiatives from city government once a month
-to get support and volunteers for the West Ward Collective, inc.
-to coordinate summer block parties and advertise joint efforts
-to coordinate clean up days and events
-to establish a ward wide e-mail list for bi-monthly blasts from my office

One Ward, One Family

[Caballero De Newark]

Starting next month, we can definitely use your help in getting a few initiatives off the ground that we are introducing including our fledling ward based non-profit The West Ward Collective, Inc.

E-mail me at ricero@ci.newark.nj.us or come to our next Collective meeting on Saturday, March 7th at Sacred Heart School Cafeteria at 10:00 AM. We are also sponsoring our first monthly West Ward Block Federation meeting as we seek to have a once a month meeting of all of the block associations in the ward (and meeting spot for the creation of new ones for folks that do not have one or for ones that have become dormant). The purpose will be to:

-bring city departments before them to handle all of their constituent concerns once a month;
-to train in crime prevention and block watch techniques;
-to share best practices
-to develop ward based solutions
-to provide information on new programs and initiatives from city government once a month
-to get support and volunteers for the West Ward Collective, inc.
-to coordinate summer block parties and advertise joint efforts
-to coordinate clean up days and events
-to establish a ward wide e-mail list for bi-monthly blasts from my office

One Ward, One Family

...check your Private Message Box! *And I hope it'll help point you in the right direction; I also hope you read the posts under this thread by "HaveSeenEnough," "BraveHeart," & myself about some of the very people you are consulting with.

[HAVESEENENOUGH]

This thread dropped off to page 5.

I was wondering if you had an update for us. I know you are busy and you don't get on here often but I have heard some things from this past Wednesday's Session but I am reluctant to post yet as I am finding out that information gets exaggerated in translation with some of these officers.

Please give us an update at your convienence.:)

[ACLU-NJ]

Here is the testimony I delivered on Wednesday, FYI....



Testimony on Newark Police
Submitted by
Deborah Jacobs, Executive Director
American Civil Liberties Union of New Jersey

My name is Deborah Jacobs and I’m executive director for the American Civil Liberties Union of New Jersey (ACLU-NJ). The ACLU-NJ has more than 14,000 members in New Jersey and serves the state through legal, legislative and public education programs from our office here in Newark. Our mission is to promote and defend civil liberties, and police practices is an area in which we are active and concerned. I appreciate this opportunity to speak before you.

Police officers do one of the hardest, most dangerous jobs and most important jobs, and doing it in Newark is especially challenging.

As part of the role of police officers, the men and women of the Newark Police hold one of the most powerful positions in society. Although most officers do their jobs with excellence and integrity, power easily corrupts and without strong safeguards against abuse, citizens are left in a vulnerable position. The ACLU-NJ has taken two cases in the last two years which involve abuse of authority and power by the NPD.

One of our clients is Roberto Lima. In September 2007, the Newark Police arrested Lima, seized his camera and held him in custody until he relinquished photos his newspaper’s photographer took of a dead body he found in a Newark alleyway. Despite offering Newark police the original photographs his photographer had taken of the body, Newark police handcuffed Mr. Lima to a bench until he agreed to give them all copies and originals.

We also represent 13-year-old Tony Ivey Jr., 15-year-old Faheem Loyal and their football coach Kelvin Lamar James, who allege that they were pulled over on June 14, 2008 and treated abusively by several Newark police officers. This took place after a day centered around their Pop Warner football team, the North Ward Scorpions. The boys were stopped in James’ car, pulled out of the car in the rain, yelled at, searched, had guns held against their bodies and told they "didn't have any rights," despite committing no crimes and having only football equipment in the car. When one of their mothers filed a complaint with Internal Affairs she got the runaround, her complaint turned up missing and to this day she has not been told the disposition of her complaints.

The ACLU-NJ also sought to file an amicus brief on behalf of one of the officers in the Newark Speaks Five case who received a six-month suspension for having anonymously posted his opinions on a topic of public concern. The officer alleged that in 2006, the city unlawfully obtained a grand jury subpoenas to discover the identities of the officers who posted on Newark Speaks.

Because the City hired outside counsel – Schwartz, Simon, Edelstein & Kessler -- to submit a brief opposing the ACLU-NJ’s filing a brief in support of the suspended officer, I used the open public records act to find out how much was being spent on this case. In the first half of 2008 alone, the taxpayer’s of Newark had paid $104,069 in lawyers for the case.

In addition to the cases the ACLU-NJ has taken on, we have also received complaints from both police officers and members of the public complaining about mistreated by the NPD. Several of the complaints we have received are from women police officers who feel that they are victims of discrimination.

How big a problem Newark has with misconduct as compared to similarly sized and situated police departments is difficult to assess. One reason for this is that NPD’s internal affairs stats don’t add up. In the packets I have provided you will find a copy of the statistics for 2000 – 2008 that I received from the city, a copy of my letter addressing the inconsistency in the statistics to Director McCarthy, and a copy of his response. I am scheduled to meet with Deputy Chief Keith Rubel at the end of this month, and he may be able to shed some light on this matter.

However, thus far no one has been able to explain these statistics to me. One key problem is that pending complaints are not carried over properly from one year to the next, creating the appearance of under-reporting of complaints to the tune of more than 1600 missing cases over the nine years that I reviewed. If you look at the statistics you will see that from 2003 to 2004 was the only year that the pending cases were properly carried over.

In addition, there is something else disturbing in these statistics: very few citizen complaints of misconduct are upheld, even though minor infractions are sustained. For example, of the 916 complaints of excessive use of force received between 2000 and 2008, only about 2% were sustained. On the other hand, “other rule” infractions that are mostly internally generated were sustained 41% of the time.

The combination of these factors leaves citizens to wonder what is gained by filing a complaint and in turn contributes to lower rates of overall complaints while harboring mistrust.

Because the power inherent in policing makes the profession prone to abuse, it’s important that the city have systems in place that will ensure best practices. The most important measure for oversight it to establish a permanent independent monitor position and engage an individual or firm with expertise in best police practices (and no prior or current association with policing in New Jersey who will have access to all relevant files to:

• Conduct a fair and impartial policing analysis including assessment and recommendations for data collection and analysis and needed state-of-the-art mechanisms for promoting fair and impartial policing
• Monitor and report on the NPD Internal Affairs decision-making processes to ensure fairness, thoroughness, timeliness and consistency in the handling of citizen and internally-initiated complaints and investigations
• Monitor and report on NPD critical incident investigations, specifically officer-involved shootings, in-custody deaths and uses of force resulting in great bodily injury or death
• Ensure the citizen complaint process is accessible to the entire community and make community members aware of how their complaints were handled and why
• Receive concerns and recommendations from ward-based citizen advisory groups
• Review and issue recommendations for departmental policies and procedures
• Issue recommendations for changing the NPD subculture

Improving Internal Affairs is a key interest of ours and I was very pleased that the Newark Police Department agreed to accept a number of our recommendations for improvements to IA accessibility over the past several months such as:

• putting information about how to file a complaint and a webform on the NPD website;
• developing pamphlets on how to file a complaint with the IA for availability in precincts and from officers; and
• creating posters on how to file a complaint in stations and throughout community

The final critical improvement we have suggested to the city is establishing use of discipline matrix. As you know, a discipline matrix is a formal schedule for disciplinary actions, specifying both the presumptive action to be taken for each type of misconduct and any adjustment to be made based on an officer’s previous disciplinary record. The primary purpose of a discipline matrix is to achieve consistency in discipline: to eliminate disparities and ensure that officers who have been found to have committed similar forms of misconduct will receive similar discipline. It’s analogous to sentencing guidelines.

The systems for accountability that the ACLU-NJ recommends are consistent with the best practices touted by law enforcement professional organizations and experts across the country. These are the things that can improve policing and foster a sense of fairness among officers and citizens alike.

Thank you for hearing our perspective.

[ProSouth]

Here is the testimony I delivered on Wednesday, FYI....



Testimony on Newark Police
Submitted by
Deborah Jacobs, Executive Director
American Civil Liberties Union of New Jersey

My name is Deborah Jacobs and I’m executive director for the American Civil Liberties Union of New Jersey (ACLU-NJ). The ACLU-NJ has more than 14,000 members in New Jersey and serves the state through legal, legislative and public education programs from our office here in Newark. Our mission is to promote and defend civil liberties, and police practices is an area in which we are active and concerned. I appreciate this opportunity to speak before you.

Police officers do one of the hardest, most dangerous jobs and most important jobs, and doing it in Newark is especially challenging.

As part of the role of police officers, the men and women of the Newark Police hold one of the most powerful positions in society. Although most officers do their jobs with excellence and integrity, power easily corrupts and without strong safeguards against abuse, citizens are left in a vulnerable position. The ACLU-NJ has taken two cases in the last two years which involve abuse of authority and power by the NPD.

One of our clients is Roberto Lima. In September 2007, the Newark Police arrested Lima, seized his camera and held him in custody until he relinquished photos his newspaper’s photographer took of a dead body he found in a Newark alleyway. Despite offering Newark police the original photographs his photographer had taken of the body, Newark police handcuffed Mr. Lima to a bench until he agreed to give them all copies and originals.

We also represent 13-year-old Tony Ivey Jr., 15-year-old Faheem Loyal and their football coach Kelvin Lamar James, who allege that they were pulled over on June 14, 2008 and treated abusively by several Newark police officers. This took place after a day centered around their Pop Warner football team, the North Ward Scorpions. The boys were stopped in James’ car, pulled out of the car in the rain, yelled at, searched, had guns held against their bodies and told they "didn't have any rights," despite committing no crimes and having only football equipment in the car. When one of their mothers filed a complaint with Internal Affairs she got the runaround, her complaint turned up missing and to this day she has not been told the disposition of her complaints.

The ACLU-NJ also sought to file an amicus brief on behalf of one of the officers in the Newark Speaks Five case who received a six-month suspension for having anonymously posted his opinions on a topic of public concern. The officer alleged that in 2006, the city unlawfully obtained a grand jury subpoenas to discover the identities of the officers who posted on Newark Speaks.

Because the City hired outside counsel – Schwartz, Simon, Edelstein & Kessler -- to submit a brief opposing the ACLU-NJ’s filing a brief in support of the suspended officer, I used the open public records act to find out how much was being spent on this case. In the first half of 2008 alone, the taxpayer’s of Newark had paid $104,069 in lawyers for the case.

In addition to the cases the ACLU-NJ has taken on, we have also received complaints from both police officers and members of the public complaining about mistreated by the NPD. Several of the complaints we have received are from women police officers who feel that they are victims of discrimination.

How big a problem Newark has with misconduct as compared to similarly sized and situated police departments is difficult to assess. One reason for this is that NPD’s internal affairs stats don’t add up. In the packets I have provided you will find a copy of the statistics for 2000 – 2008 that I received from the city, a copy of my letter addressing the inconsistency in the statistics to Director McCarthy, and a copy of his response. I am scheduled to meet with Deputy Chief Keith Rubel at the end of this month, and he may be able to shed some light on this matter.

However, thus far no one has been able to explain these statistics to me. One key problem is that pending complaints are not carried over properly from one year to the next, creating the appearance of under-reporting of complaints to the tune of more than 1600 missing cases over the nine years that I reviewed. If you look at the statistics you will see that from 2003 to 2004 was the only year that the pending cases were properly carried over.

In addition, there is something else disturbing in these statistics: very few citizen complaints of misconduct are upheld, even though minor infractions are sustained. For example, of the 916 complaints of excessive use of force received between 2000 and 2008, only about 2% were sustained. On the other hand, “other rule” infractions that are mostly internally generated were sustained 41% of the time.

The combination of these factors leaves citizens to wonder what is gained by filing a complaint and in turn contributes to lower rates of overall complaints while harboring mistrust.

Because the power inherent in policing makes the profession prone to abuse, it’s important that the city have systems in place that will ensure best practices. The most important measure for oversight it to establish a permanent independent monitor position and engage an individual or firm with expertise in best police practices (and no prior or current association with policing in New Jersey who will have access to all relevant files to:

• Conduct a fair and impartial policing analysis including assessment and recommendations for data collection and analysis and needed state-of-the-art mechanisms for promoting fair and impartial policing
• Monitor and report on the NPD Internal Affairs decision-making processes to ensure fairness, thoroughness, timeliness and consistency in the handling of citizen and internally-initiated complaints and investigations
• Monitor and report on NPD critical incident investigations, specifically officer-involved shootings, in-custody deaths and uses of force resulting in great bodily injury or death
• Ensure the citizen complaint process is accessible to the entire community and make community members aware of how their complaints were handled and why
• Receive concerns and recommendations from ward-based citizen advisory groups
• Review and issue recommendations for departmental policies and procedures
• Issue recommendations for changing the NPD subculture

Improving Internal Affairs is a key interest of ours and I was very pleased that the Newark Police Department agreed to accept a number of our recommendations for improvements to IA accessibility over the past several months such as:

• putting information about how to file a complaint and a webform on the NPD website;
• developing pamphlets on how to file a complaint with the IA for availability in precincts and from officers; and
• creating posters on how to file a complaint in stations and throughout community

The final critical improvement we have suggested to the city is establishing use of discipline matrix. As you know, a discipline matrix is a formal schedule for disciplinary actions, specifying both the presumptive action to be taken for each type of misconduct and any adjustment to be made based on an officer’s previous disciplinary record. The primary purpose of a discipline matrix is to achieve consistency in discipline: to eliminate disparities and ensure that officers who have been found to have committed similar forms of misconduct will receive similar discipline. It’s analogous to sentencing guidelines.

The systems for accountability that the ACLU-NJ recommends are consistent with the best practices touted by law enforcement professional organizations and experts across the country. These are the things that can improve policing and foster a sense of fairness among officers and citizens alike.

Thank you for hearing our perspective.

There are two very diverse perspectives in Newark regarding the police......The truth and the PR campaign.

The truth: The Newark Police Department is very aggressive towards the people of Newark. Many innocent citizens of all ages are treated like criminals for absolutely no reason or legal provocation.

The PR Campaign: The Newark Police don't harass the public and when they do the city always protects its citizen's and takes their complaints seriously.


One of my neighbors who has lived on my block for almost 45 years was parked in front of his house a few months ago after coming from church. Before this man of almost 70 could get out of his car 4 unmarked police cars surrounded his vehicle, pulled him from his car, and demanded ID. While getting his DL out of his wallet one of the officers illegally opened the passenger side door and then proceeded to opened his
glove compartment. The screeching tires of the cars got my attention and as I went to the window I saw the police searching under the seats of his car with flashlights.

When I got across the street to where this was happening my neighbor looked visibly shaken. The police got in their cars and pulled off.

This is Newark. The true Newark.

[ProSouth]

Here is the testimony I delivered on Wednesday, FYI....



Testimony on Newark Police
Submitted by
Deborah Jacobs, Executive Director
American Civil Liberties Union of New Jersey

My name is Deborah Jacobs and I’m executive director for the American Civil Liberties Union of New Jersey (ACLU-NJ). The ACLU-NJ has more than 14,000 members in New Jersey and serves the state through legal, legislative and public education programs from our office here in Newark. Our mission is to promote and defend civil liberties, and police practices is an area in which we are active and concerned. I appreciate this opportunity to speak before you.

Police officers do one of the hardest, most dangerous jobs and most important jobs, and doing it in Newark is especially challenging.

As part of the role of police officers, the men and women of the Newark Police hold one of the most powerful positions in society. Although most officers do their jobs with excellence and integrity, power easily corrupts and without strong safeguards against abuse, citizens are left in a vulnerable position. The ACLU-NJ has taken two cases in the last two years which involve abuse of authority and power by the NPD.

One of our clients is Roberto Lima. In September 2007, the Newark Police arrested Lima, seized his camera and held him in custody until he relinquished photos his newspaper’s photographer took of a dead body he found in a Newark alleyway. Despite offering Newark police the original photographs his photographer had taken of the body, Newark police handcuffed Mr. Lima to a bench until he agreed to give them all copies and originals.

We also represent 13-year-old Tony Ivey Jr., 15-year-old Faheem Loyal and their football coach Kelvin Lamar James, who allege that they were pulled over on June 14, 2008 and treated abusively by several Newark police officers. This took place after a day centered around their Pop Warner football team, the North Ward Scorpions. The boys were stopped in James’ car, pulled out of the car in the rain, yelled at, searched, had guns held against their bodies and told they "didn't have any rights," despite committing no crimes and having only football equipment in the car. When one of their mothers filed a complaint with Internal Affairs she got the runaround, her complaint turned up missing and to this day she has not been told the disposition of her complaints.

The ACLU-NJ also sought to file an amicus brief on behalf of one of the officers in the Newark Speaks Five case who received a six-month suspension for having anonymously posted his opinions on a topic of public concern. The officer alleged that in 2006, the city unlawfully obtained a grand jury subpoenas to discover the identities of the officers who posted on Newark Speaks.

Because the City hired outside counsel – Schwartz, Simon, Edelstein & Kessler -- to submit a brief opposing the ACLU-NJ’s filing a brief in support of the suspended officer, I used the open public records act to find out how much was being spent on this case. In the first half of 2008 alone, the taxpayer’s of Newark had paid $104,069 in lawyers for the case.

In addition to the cases the ACLU-NJ has taken on, we have also received complaints from both police officers and members of the public complaining about mistreated by the NPD. Several of the complaints we have received are from women police officers who feel that they are victims of discrimination.

How big a problem Newark has with misconduct as compared to similarly sized and situated police departments is difficult to assess. One reason for this is that NPD’s internal affairs stats don’t add up. In the packets I have provided you will find a copy of the statistics for 2000 – 2008 that I received from the city, a copy of my letter addressing the inconsistency in the statistics to Director McCarthy, and a copy of his response. I am scheduled to meet with Deputy Chief Keith Rubel at the end of this month, and he may be able to shed some light on this matter.

However, thus far no one has been able to explain these statistics to me. One key problem is that pending complaints are not carried over properly from one year to the next, creating the appearance of under-reporting of complaints to the tune of more than 1600 missing cases over the nine years that I reviewed. If you look at the statistics you will see that from 2003 to 2004 was the only year that the pending cases were properly carried over.

In addition, there is something else disturbing in these statistics: very few citizen complaints of misconduct are upheld, even though minor infractions are sustained. For example, of the 916 complaints of excessive use of force received between 2000 and 2008, only about 2% were sustained. On the other hand, “other rule” infractions that are mostly internally generated were sustained 41% of the time.

The combination of these factors leaves citizens to wonder what is gained by filing a complaint and in turn contributes to lower rates of overall complaints while harboring mistrust.

Because the power inherent in policing makes the profession prone to abuse, it’s important that the city have systems in place that will ensure best practices. The most important measure for oversight it to establish a permanent independent monitor position and engage an individual or firm with expertise in best police practices (and no prior or current association with policing in New Jersey who will have access to all relevant files to:

• Conduct a fair and impartial policing analysis including assessment and recommendations for data collection and analysis and needed state-of-the-art mechanisms for promoting fair and impartial policing
• Monitor and report on the NPD Internal Affairs decision-making processes to ensure fairness, thoroughness, timeliness and consistency in the handling of citizen and internally-initiated complaints and investigations
• Monitor and report on NPD critical incident investigations, specifically officer-involved shootings, in-custody deaths and uses of force resulting in great bodily injury or death
• Ensure the citizen complaint process is accessible to the entire community and make community members aware of how their complaints were handled and why
• Receive concerns and recommendations from ward-based citizen advisory groups
• Review and issue recommendations for departmental policies and procedures
• Issue recommendations for changing the NPD subculture

Improving Internal Affairs is a key interest of ours and I was very pleased that the Newark Police Department agreed to accept a number of our recommendations for improvements to IA accessibility over the past several months such as:

• putting information about how to file a complaint and a webform on the NPD website;
• developing pamphlets on how to file a complaint with the IA for availability in precincts and from officers; and
• creating posters on how to file a complaint in stations and throughout community

The final critical improvement we have suggested to the city is establishing use of discipline matrix. As you know, a discipline matrix is a formal schedule for disciplinary actions, specifying both the presumptive action to be taken for each type of misconduct and any adjustment to be made based on an officer’s previous disciplinary record. The primary purpose of a discipline matrix is to achieve consistency in discipline: to eliminate disparities and ensure that officers who have been found to have committed similar forms of misconduct will receive similar discipline. It’s analogous to sentencing guidelines.

The systems for accountability that the ACLU-NJ recommends are consistent with the best practices touted by law enforcement professional organizations and experts across the country. These are the things that can improve policing and foster a sense of fairness among officers and citizens alike.

Thank you for hearing our perspective.
There are two very diverse perspectives in Newark regarding the police......The truth and the PR campaign.

The truth: The Newark Police Department is very aggressive towards the people of Newark. Many innocent citizens of all ages are treated like criminals for absolutely no reason or legal provocation.

The PR Campaign: The Newark Police don't harass the public and when they do the city always protects its citizen's and takes their complaints seriously.

[BraveHeart]

Next hearing will concentrate on getting more information from Kinder and personnel, disciplinary records of various NPD officers that will allow us to compare similarly situated officers and their discipline based on race as well as those of officials in hierarchy of NPD. Lastly, we will question union leadership regarding their opinions and stances on a uniform discipline matrix for the NPD and their alleged disapproval of such.



1) Did Kinder get interviewed yet, I may have missed this meeting. I was at the Guller and Cuccolo one.

2) I was told that these meetings were being taped, and saw the recording equipment seemingly in operation when I was there. I have been trying for 2 months now to get copies of these tapes and have been given copies of the regular council meetings instead. Who exactly do I need to see to get the copies of this Investigative Hearing? Is there actually a record being maintained?

3) If you ever plan on hearing testimony about how police hearings /kangaroo court trials are conducted by the Newark Police Department then you MUST request that the former Essex County Assistant Prosecutor John Wojtal appear. Will this be possible or is the panel not investigating all manner of official misconduct?

4) What will the panel do immediately after it finds that testimony given to them during this investigation is found to be inconsistent with depositions or trial testimony in the future? For example: The Deputy Chief in charge of drug screening says he never had a substance abuse problem then testifies he is a "happily recovered" former addict. I ask this last question because it is my understanding that a Black officer was fired for inconsistencies in his answers to IAD investigators and his trial testimony. Will the rule apply to them as well? I know that you have said you will forward it to the proper authorities but, I want to know if suspensions will take place pending investigations? It is, again, the way they do certain officers while choosing to let others reamin on the job.

I have made room in my mailbox for a private response if you would rather do that.

Thank You

[BraveHeart]

I have so many things to say right now that I hardly know where to begin. I will start with the most recent deposition that was taken; that of Director McCarthy. This past Tuesday, and despite the efforts of his irate counsel, we were able to, yet again, find that someone is not telling the truth. Honestly, I must admit that Mac seemed genuine and forthcoming. That being said, what will be done with those high ranking members of the department who gave false testimony.

The next thing I want to ask is how the rationale that was given by the city attorney at the investigative hearing about back pay, (for those officers returning after wrongful terminations and suspensions), was accepted so quickly? The logic that these amounts, which at times end up in the hundreds of thousands, is a "a scratch" because it was the salaries that they would have earned, is not only ridiculous but insulting. Ask any resident how they feel about paying someone $240,000.00 in tax dollars for not one single day's work. Excessive discipline resulting from egos and personal grudges will cost the city, if it hasn't already to this point, MILLIONS of dollars this year alone. Meanwhile city workers on other fronts are being forced to take pay cuts or lose their jobs. On top of that, the outside contracted law firms, continuing to work at a snail's pace bleed the city for hundreds of thousands more only to try and get a settlement which could have been reached months after the people involved were wronged. When the panel does receive the figures they requested on what has been paid out, they will be shocked.

The last thing I want to address for now is the possible targeting for retaliation of a high ranking officer. This officer is said to have provided information that contradicted the statements given by other officials of Internal Affairs. The standard operating procedure now would be to target, isolate, charge and discredit the one breaking ranks to insulate themselves. This was the case with Sammy Cirasella when he tried to turn himself in and report his ring leader. If the council is aware of what may be coming they should make every effort to protect this witness from any harm in any form. It takes courage to have to stand in the face of corruption and this person should be your opportunity to demonstrate that you will embrace and defend those who are willing to stand up.


JMX .... conundrum, what conundrum? :)

[bobobra]

Hear that lots of witnesses have spoken from npd but have admitted nothing. Moreover a few disgrunted guys ar driving this through Rice Jr to help prove their lawsuits with the city.

[BraveHeart]

The jury is still out on where this will end up and unless I see firings of the people who cost the city millions then this was all a sham. As far as "disgrunted" guys going through Rice to prove lawsuits, it's evidence that does this, not crying to a council member. Several officers have been reinstated this year that were wrongfully dismissed. If that number were to be five, and each was a senior officer with just one year out of work, then with the inclusion of pension payments and attorney's fees, the cost to the city is at around a half million dollars. These figures are also assuming settlements and not full out decisions warranting punitive and /or compensatory damages against the city.

Taking a view of the landscape and considering the latest news involving the Lil Wayne Four and the Robert Treat Six, (lmao), things are swiftly going downhill for taxpayers in this city. Litigation costs money. Money the city supposedly doesn't have. So long as those corrupt individuals in middle management continue to bend the rules and employ selective discipline the lawsuits will continue to mount.

I wonder who told those guys to put their SORA papers in after the fact just to cover their behinds? Better yet, wasn't the head honcho in charge of the security supposed to have verified their eligibility prior to placing them on the detail? Then again, these are "hand picked" gigs right? Nice work hooking your boys boys up. I guess they aren't looking all that smart now.

JMX

PS: I intentionally left out salary mitigation because I am not including the city's attorney fees, only the wronged officers'. This calculation serves to help the city as we now know that if the case was handled by "outside, no-bid contract, possible campaign conributing, counsel" then the figure for thier fees would be around 140k alone. Just call me generous :D

[BraveHeart]

http://www.blogtalkradio.com/justiceforall/2008/08/21/Are-Whistleblower-Cops-Appreciated

Just wanted to help you all to some recent history. Tell me if you don't hear the same things in this program that was aired almost a year ago being asserted to the panel today.

It's the "play-book" gentlemen. Get hood winked because you choose to, not because I haven't warned you enough.

Too many things for them to have all the ready answers for. When they do, they're always the same.

JMX ... Someone's got to give.

[teardrop1971]

Pop Warner football players, ACLU sue Newark Police
by Sharon Adarlo/The Star-Ledger
Thursday April 23, 2009, 1:56 PM

Two football players and their coach filed a lawsuit today against the Newark Police Department that accuses several police officers of holding them at gunpoint during what they allege was an illegal motor vehicle stop last summer.

The lawsuit, which was filed with the American Civil Liberties Union of New Jersey, also alleges that the police department mishandled the complaint the plaintiffs filed with Internal Affairs.
Tim Farrell/The Star-LedgerFaheem Loyal and Tony Ivey Jr. talk about the night they were stopped by Newark policemen. ACLU filed a lawsuit today against Newark police on behalf of a Pop-Warner coach and two football players.

"My son deserves an apology" said Cassandra Jetter-Ivey, mother of 14-year-old Tony Ivey, Jr., one of the players who was detained on June 14, 2008 by police at South 18th Street and Clinton Avenue. "I could see the trauma on their faces," she said about their reaction after the stop.

Police Director Garry McCarthy was not immediately available for comment. Officials from the city administration have not immediately commented on the case either.

The incident unfolded when Kelvin Lamar James, an assistant football coach for their Pop-Warner team, the North Ward Scorpions, took Ivey, then 13, and his friend Faheem Loyal, who was 15 at the time, to a Burger King in Irvington in James' Dodge Magnum, Ivey and Loyal said during an interview Wednesday at the state ACLU offices in Newark.

When they drove down South 18th Street and approached the Clinton Avenue intersection at approximately 9:30 p.m., James stopped the car at a red light where there were two vehicles in front of his car. After the light changed green and the vehicles did not budge, James signaled that he was going to move and started to drive around the two cars.

One of the vehicles swerved in front of James' car and blocked his way. Six police officers in street clothes came out of the two vehicles and surrounded James' car with guns drawn.

"I thought they were going to shoot us," Ivey said, describing his reaction when the officers pointed their guns at them.

Ivey and Loyal say the officers cursed at them and roughly frisked them during the stop. James explained to the officers that he is a football coach, and noted he had not given them permission to do a search of his car. An officer responded by saying he and the teens had no rights, according to the suit.

At the end of the stop, the officer issued two tickets to James for failure to wear a seat belt and failing to change his driver's license from Missouri to New Jersey.

[Miss Tam-Tam]

Ivey and Loyal say the officers cursed at them and roughly frisked them during the stop. James explained to the officers that he is a football coach, and noted he had not given them permission to do a search of his car. An officer responded by saying he and the teens had no rights, according to the suit.

On Tuesday, the United States Supreme Court clarified the laws regarding the warrantless police search of suspects' vehicles. The Court recognized that police departments have been spiraling out of control on this one. Now here's the chest grabber: Justice Clarence "Patches" Thomas voted with the majority!

http://www.latimes.com/news/opinion/editorials/la-ed-search22-2009apr22,0,831398.story

[karimah]

The reason for the stop again was ? it was apparent that they had plans on jumping out on somebody, so they go and target an innocent man doing a positive thing for the youths. Meanwhile somebody else in Newark was being robbed, shot, assaulted or raped. Now don't get me wrong, lately I appreciate cops more and more because they are needed in Newark, but targeting innocent people just rubs me the wrong way.

It was no way those undercover officers knew this man had an out of state license and no way their plan was to ticket a motorist not wearing a seatbelt. They thought he was someone else and when they found out they were wrong, they had to justify it because saying I apologize was just to much.


If we don't get any justice, there is no way we will have peace, no matter how big or little the situation is.

[karimah]

On Tuesday, the United States Supreme Court clarified the laws regarding the warrantless police search of suspects' vehicles. The Court recognized that police departments have been spiraling out of control on this one. Now here's the chest grabber: Justice Clarence "Patches" Thomas voted with the majority!

http://www.latimes.com/news/opinion/editorials/la-ed-search22-2009apr22,0,831398.story


This law doesnt apply to an officer who thinks he's above the law.

[LastCubanStanding]

The reason for the stop again was ? it was apparent that they had plans on jumping out on somebody, so they go and target an innocent man doing a positive thing for the youths. Meanwhile somebody else in Newark was being robbed, shot, assaulted or raped. Now don't get me wrong, lately I appreciate cops more and more because they are needed in Newark, but targeting innocent people just rubs me the wrong way.

It was no way those undercover officers knew this man had an out of state license and no way their plan was to ticket a motorist not wearing a seatbelt. They thought he was someone else and when they found out they were wrong, they had to justify it because saying I apologize was just to much.


If we don't get any justice, there is no way we will have peace, no matter how big or little the situation is.


Was it ever mentioned what the initial cause of the stop was? Why were guns drawn?

[karimah]

Was it ever mentioned what the initial cause of the stop was? Why were guns drawn?


When they drove down South 18th Street and approached the Clinton Avenue intersection at approximately 9:30 p.m., James stopped the car at a red light where there were two vehicles in front of his car. After the light changed green and the vehicles did not budge, James signaled that he was going to move and started to drive around the two cars.

One of the vehicles swerved in front of James' car and blocked his way

This is all they mention

[Mark J.]

And yet your mayor thinks that the way to hold down the murder rate is to have police task forces out there jumping everyone they see and frisking them for guns. I don't think you can have it both ways.

[Doofus1]

About time. The whole "search everyone" concept has gotten ridiculous. Besides, if they really had cause, it now only takes a phone call to get a warrant.

My brother sat eating lunch in his car, parked down the shore at one of the inlets. A trooper pulled up behind him, walked up to his window, told him to step out of his car then started searching it. My brother called me and told me what was going on and we both laughed, knowing that the trooper was wasting his time. It was a complete random stop, with the trooper apparently having nothing better to do at that moment.

[J. Sharpe James, J.D.]

Same thing happened to me on the way back from Army duty one weekend. I was tired and pulled into a rest stop. I walked inside to eat then came out to nap in my car which was off. A trooper blocked me in my space and woke me up by shining that spotlight in my eye as he asked for my license and registration.

He said he had seen me walk to the car. if so, he could've easily seen I was in full military uniform. He asked me where I was going and then stated that they had had recent car thefts in the area.:mad:

[karimah]

About time. The whole "search everyone" concept has gotten ridiculous. Besides, if they really had cause, it now only takes a phone call to get a warrant.

My brother sat eating lunch in his car, parked down the shore at one of the inlets. A trooper pulled up behind him, walked up to his window, told him to step out of his car then started searching it. My brother called me and told me what was going on and we both laughed, knowing that the trooper was wasting his time. It was a complete random stop, with the trooper apparently having nothing better to do at that moment.


Did your brother file a complaint ? How can it be a complete random stop if your brother was parked. I thought a random stop was a cop is behind you and he runs your plate and something comes back as a hit.

[Diamond]

Pop Warner football players, ACLU sue Newark Police
by Sharon Adarlo/The Star-Ledger
Thursday April 23, 2009, 1:56 PM

Two football players and their coach filed a lawsuit today against the Newark Police Department that accuses several police officers of holding them at gunpoint during what they allege was an illegal motor vehicle stop last summer.

The lawsuit, which was filed with the American Civil Liberties Union of New Jersey, also alleges that the police department mishandled the complaint the plaintiffs filed with Internal Affairs.
Tim Farrell/The Star-LedgerFaheem Loyal and Tony Ivey Jr. talk about the night they were stopped by Newark policemen. ACLU filed a lawsuit today against Newark police on behalf of a Pop-Warner coach and two football players.

"My son deserves an apology" said Cassandra Jetter-Ivey, mother of 14-year-old Tony Ivey, Jr., one of the players who was detained on June 14, 2008 by police at South 18th Street and Clinton Avenue. "I could see the trauma on their faces," she said about their reaction after the stop.

Police Director Garry McCarthy was not immediately available for comment. Officials from the city administration have not immediately commented on the case either.

The incident unfolded when Kelvin Lamar James, an assistant football coach for their Pop-Warner team, the North Ward Scorpions, took Ivey, then 13, and his friend Faheem Loyal, who was 15 at the time, to a Burger King in Irvington in James' Dodge Magnum, Ivey and Loyal said during an interview Wednesday at the state ACLU offices in Newark.

When they drove down South 18th Street and approached the Clinton Avenue intersection at approximately 9:30 p.m., James stopped the car at a red light where there were two vehicles in front of his car. After the light changed green and the vehicles did not budge, James signaled that he was going to move and started to drive around the two cars.

One of the vehicles swerved in front of James' car and blocked his way. Six police officers in street clothes came out of the two vehicles and surrounded James' car with guns drawn.

"I thought they were going to shoot us," Ivey said, describing his reaction when the officers pointed their guns at them.

Ivey and Loyal say the officers cursed at them and roughly frisked them during the stop. James explained to the officers that he is a football coach, and noted he had not given them permission to do a search of his car. An officer responded by saying he and the teens had no rights, according to the suit.

At the end of the stop, the officer issued two tickets to James for failure to wear a seat belt and failing to change his driver's license from Missouri to New Jersey.



What other reasons did the cops need to stop them? Failure to wear your seatbelt is against the law and the fact that he had Missouri license is also questionable.

[teardrop1971]

When they drove down South 18th Street and approached the Clinton Avenue intersection at approximately 9:30 p.m., James stopped the car at a red light where there were two vehicles in front of his car. After the light changed green and the vehicles did not budge, James signaled that he was going to move and started to drive around the two cars.

The question that needs an answer is why were the UC's blocking both lanes of traffic, and then become upset when a driver tries to pass them?
OH, wait let me think that is a sign of disrespect to officers when you pass them, even though they are breaking the law by blocking both lanes of traffic. They should have been summonsed for blocking both lanes of traffic.

[Doofus1]

How can it be a complete random stop if your brother was parked. I thought a random stop was a cop is behind you and he runs your plate and something comes back as a hit.

Random stop means a stop without cause. Walking up to a parked car and asking for docs counts as a stop.

[ACLU-NJ]

[/COLOR]



What other reasons did the cops need to stop them? Failure to wear your seatbelt is against the law and the fact that he had Missouri license is also questionable.


Diamond - FYI, he was still within the legal time limit to change his Missouri license; he had just recently moved here. Also, he paid his ticket for not wearing the seatbelt, but failure to wear a seatbelt is *not* a legal basis to search the car.

Doofus - isn't it time you joined the ACLU? :)

All - check NJ.com homepage for our other big story re Chris Christie

[Diamond]

When they drove down South 18th Street and approached the Clinton Avenue intersection at approximately 9:30 p.m., James stopped the car at a red light where there were two vehicles in front of his car. After the light changed green and the vehicles did not budge, James signaled that he was going to move and started to drive around the two cars.

The question that needs an answer is why were the UC's blocking both lanes of traffic, and then become upset when a driver tries to pass them?
OH, wait let me think that is a sign of disrespect to officers when you pass them, even though they are breaking the law by blocking both lanes of traffic. They should have been summonsed for blocking both lanes of traffic.



Fact remains the driver didn't have on seatbelt! Again, it's against the law!!!!


The rest of your statements is hearsay! sorry.

[Doofus1]

Doofus - isn't it time you joined the ACLU?


I agree with plenty of what the ACLU stands for and am against plenty of it too!

[Diamond]

Diamond - FYI, he was still within the legal time limit to change his Missouri license; he had just recently moved here. Also, he paid his ticket for not wearing the seatbelt, but failure to wear a seatbelt is *not* a legal basis to search the car.

Doofus - isn't it time you joined the ACLU? :)

All - check NJ.com homepage for our other big story re Chris Christie


So, are you representing this guy because he was "illegally search" by the police???? Can this really be proven?

[ACLU-NJ]

Here is our press release with the details of the case:

http://www.aclu-nj.org/news/aclunjsuesnewarkpolicefori.htm

[ACLU-NJ]

I agree with plenty of what the ACLU stands for and am against plenty of it too!

We have a saying that if you believe in 75% of ACLU policies then you should be a member and if you believe in 50% of ACLU policies then you should sit on the Board of Trustees.

www.aclu-nj.org/join

[Make Newark Clean]

And yet your mayor thinks that the way to hold down the murder rate is to have police task forces out there jumping everyone they see and frisking them for guns. I don't think you can have it both ways.

This is beyond just the mayor of Newark, but I definitely agree with you. Bear in mind: criminalizing youth begins and ends with the War on Drugs (http://www.drugpolicy.org/communities/race/).

Hyperincarceration has destroyed the ENTIRE IMAGE of young black men in Newark. Everyone is a suspect. No one deserves respect. A stressed-out Newark officer should be excused if his actions belie an "unintentional" gambit of us vs them. You wanna bet that if these young black men had any kind of impertinent police record besides an out-of-state license, their story would not be told?! At any rate, there would be no sympathy. And that's not just the majority population. Whites, blacks, Latinos and others think it's okay to have a different standard of liberty in urban centers. Many surbubanites think all the good people have already left Newark. If they haven't, they must realize the need for these hair-trigger intrusions. It's sort of like "jogging at midnight." You can do it, but if you get mugged, well, what are you doing out at midnight? ergo, what are you doing living in Newark?

Helicopters. Barricades. Watchtowers. Stop and Frisk. Overreach. All for a (hoped for) 60-person murder rate, which is still way too high. To obtain that, they brought the prison yard to the neighborhood. What's so funny is that we don't even really care about the murderees except, you know, they embarrass the heck out of us. Better to surrender all our freedoms.

One-third of black men are destined, not for life's pursuits, but JAIL. ONE THIRD!!! With three men in the car, the police harassing them had little fear that their butts would not be covered. After all, there's always a way to pin something on a black man. Only an out-of-state license? Are you sure? :eek:

Good work, ACLU! Deborah Jacobs for Mayor 2010! :)



^

[Diamond]

We have a saying that if you believe in 75% of ACLU policies then you should be a member and if you believe in 50% of ACLU policies then you should sit on the Board of Trustees.

www.aclu-nj.org/join



This gives a clear picture of what transpired the night in question. These officer's should be held accountable for their actions!



Good luck with this case!

Thanks.

[LastCubanStanding]

Good work, ACLU! Deborah Jacobs for Mayor 2010! :)


^

Ay dios mio!

[ACLU-NJ]

This gives a clear picture of what transpired the night in question. These officer's should be held accountable for their actions!

Good luck with this case! Thanks.

Thanks Diamond. The Star Ledger should have a more extensive story in the paper tomorrow. You know they like to get things online ASAP and often a lot of the details aren't included in their articles. :(

I appreciate everyone's support. To me this case is important because I think this type of scenario takes place far more often than people realize. We don't hear about too many cases because a lot of victims don't know their rights or how to assert them. And the IA system is, well, you know.

If we can help change the policies of the NPD with a case like this then we can help spare other young people from such frightening and negative experiences with the police. Anyone who has ever been victimized at the hands of police or another legal authority know that it does long-term damage to a person, especially kids.

Deborah

[Miss Tam-Tam]

All - check NJ.com homepage for our other big story re Chris Christie

Why does this not surprise me? It was the culture of the corrupt and immoral Bush Administration to illegally monitor United States citizens. I thought, though, that Christie would know better. This bunch took our Constitution and trampled all over it. I'm sure the ACLU will be accused of timing this to impact on Christie's candidacy for Governor.

<<While serving as U.S. Attorney for the District of New Jersey, Republican gubernatorial candidate Chris Christie authorized tracking people through their cell phones without first obtaining a warrant, the American Civil Liberties Union charged today.>>

http://www.nj.com/news/index.ssf/2009/04/aclu_says_chris_christie_autho.html

[teardrop1971]

Fact remains the driver didn't have on seatbelt! Again, it's against the law!!!!


The rest of your statements is hearsay! sorry.

The fact remains that they(the officers) illegally blocked traffic, no sirens, no lights they are supposed to obey the traffic rules like everyone else.

[ACLU-NJ]

Lawsuit alleges police misconduct
ACLU says Newark cops harassed teens
Friday, April 24, 2009
BY SHARON ADARLO
Star-Ledger Staff

The American Civil Liberties Union is suing the Newark Police Department over the stop of two Pop Warner football players and their coach.

The lawsuit alleges then-13-year-old Tony Ivey Jr., then-15-year-old Faheem Loyal and their coach were illegally stopped by police and held at gunpoint on June 14, 2008, at South 18th Street and Clinton Avenue.

In addition, the lawsuit alleges the Police Department mishandled a complaint they lodged with internal affairs.

"My son deserves an apology" said Cassandra Jetter-Ivey, Tony's mother and an investigator for the state Division of Civil Rights.

Newark Police Director Garry McCarthy was not available for comment yesterday. Esmeralda Cameron, the city's spokeswoman, released a statement saying, "The city met with plaintiffs' attorney and representatives of the A.C.L.U. to discuss the allegations prior to the filing of the complaint. Based upon the city's internal review of the matter and lack of independent proof, the city will file an answer to the complaint and this matter will proceed to litigation. The city of Newark and the Newark Police Department stand against brutality and unfair treatment of all persons."

The incident unfolded on a rainy night when Kelvin Lamar James, a 21-year-old assistant coach for the North Ward Scorpions, a Pop Warner team, drove Ivey and Loyal to Burger King in James's Dodge Magnum, the two teenagers said during an interview Wednesday at the state ACLU office in Newark.

As they drove down South 18th Street and approached the Clinton Avenue intersection about 9:30 p.m., James stopped the car at a red light. Two vehicles were in front of his car. After the light changed to green and the vehicles did not move, James signaled that he was going to drive around them.

One of the vehicles then swerved in front of James's car and blocked his way. Six police officers in street clothes came out of the two vehicles and surrounded James's car with guns drawn, according to the lawsuit.

"I thought they were going to shoot us," Tony said. "I was scared."

The officers cursed at them and roughly frisked them in the pouring rain, the teens said. James explained to the officers that he is a coach and told them he had not given them permission to search his car. An officer told him they had no rights, he alleges.

Later, the officer issued tickets to James for failing to wear a seat belt and not changing his driver's license from Missouri to New Jersey, according to the lawsuit. They then went to Burger King to get food.

The three filed a complaint with internal affairs, but they say it was mishandled. Jetter-Ivey said she had called internal affairs, where an officer told her the case was transferred to the police gang unit because the incident involved three black males.

"He is not a gang member," Jetter-Ivey said of her son. "'He is a football player."

A police officer later informed them results of an investigation into their complaint would be completed and sent to them, but they never received them, said Aisha Loyal, Faheem's mother.

"This is emblematic of problems with internal affairs," said Edward Barocas, the legal director of the state ACLU. "It's important to make sure when people raise complaints, they are properly handled."

In addition to the suit, the ACLU is pushing the police to install an independent monitor who would review the complaint process at internal affairs and the outcomes.

West Ward Councilman Ronald C. Rice said he also wants a civilian review board.

Recently, the ACLU teamed up with Rice to help residents file police complaints after some residents said they were intimidated by internal affairs and feared retaliation from officers if they complained. The program also would help determine if the police department's complaint process is effective or if reforms in internal affairs are necessary.

McCarthy has previously said reforms have been put in place to improve the process of gathering and responding to complaints.

"He is trying to institute changes," Rice said about McCarthy. "'He understands the need for reform in internal affairs."

But Rice said, while he thinks McCarthy is making a good effort to change the department, the issues within internal affairs are long-standing institutional problems that predate McCarthy's arrival.

Jetter-Ivey, a Newark resident, agreed with ACLU's remedies for internal affairs.

"I entrust my trust in the Newark Police Department," she said. "There are great cops, but there are also bad apples. We just want the Newark Police Department to be corrected."



Sharon Adarlo may be reached at sadarlo@starledger.com or (973) 392-4088.



©2009 Star Ledger
© 2009 NJ.com All Rights Reserved.

[BraveHeart]

This is what happens when a cover up takes place.


1937

This investigation, as denoted by its IOP number of 08-66, was started over a year ago. None of us were ever asked to be interviewed after filing the initial complaint. The Internal Affairs Unit was given instructions on how to procure the documents needed to substantiate the case, as well as, the names of witnesses other than those involved. It is what we expected to happen. This case is one where the crap defies the usual laws of gravity and goes uphill rather than down. In short, they were told to shut this down in light of who would be affected by an honest and thorough examination of the evidence.

This is proof positive of all the assertions made by myself, other officers, people on this forum and regular civilians, that the complaints are not handled properly by the Newark Police Department. It took hours for the department to acquire sufficient evidence to suspend 4 or 5 officers on the spot based only on the word of other supervisors but it took them over a year to dismiss my more serious and valid complaint.

I will be attempting to get the full investigation in order to see what was actually done and who was actually interviewed. I would assume that they had more than just the word of the two accused to refute the material evidence, (i.e. sworn transcripts and the forged subpoenas), and the video interview of the former Assistant Prosecutor. That is assuming that the latter exists.

I hope Sgt Forst is up to task when he is standing on the witness stand.

[Diamond]

This is what happens when a cover up takes place.


1937

This investigation, as denoted by its IOP number of 08-66, was started over a year ago. None of us were ever asked to be interviewed after filing the initial complaint. The Internal Affairs Unit was given instructions on how to procure the documents needed to substantiate the case, as well as, the names of witnesses other than those involved. It is what we expected to happen. This case is one where the crap defies the usual laws of gravity and goes uphill rather than down. In short, they were told to shut this down in light of who would be affected by an honest and thorough examination of the evidence.

This is proof positive of all the assertions made by myself, other officers, people on this forum and regular civilians, that the complaints are not handled properly by the Newark Police Department. It took hours for the department to acquire sufficient evidence to suspend 4 or 5 officers on the spot based only on the word of other supervisors but it took them over a year to dismiss my more serious and valid complaint.

I will be attempting to get the full investigation in order to see what was actually done and who was actually interviewed. I would assume that they had more than just the word of the two accused to refute the material evidence, (i.e. sworn transcripts and the forged subpoenas), and the video interview of the former Assistant Prosecutor. That is assuming that the latter exists.

I hope Sgt Forst is up to task when he is standing on the witness stand.








I received that same letter some time ago when I filed a complaint against an officer. The sad thing about it, is that THERE WAS PROOF!!!......The more things change, the more they stay the same.! Shaking my head!:rolleyes:

[ProSouth]

This is what happens when a cover up takes place.


1937

This investigation, as denoted by its IOP number of 08-66, was started over a year ago. None of us were ever asked to be interviewed after filing the initial complaint. The Internal Affairs Unit was given instructions on how to procure the documents needed to substantiate the case, as well as, the names of witnesses other than those involved. It is what we expected to happen. This case is one where the crap defies the usual laws of gravity and goes uphill rather than down. In short, they were told to shut this down in light of who would be affected by an honest and thorough examination of the evidence.

This is proof positive of all the assertions made by myself, other officers, people on this forum and regular civilians, that the complaints are not handled properly by the Newark Police Department. It took hours for the department to acquire sufficient evidence to suspend 4 or 5 officers on the spot based only on the word of other supervisors but it took them over a year to dismiss my more serious and valid complaint.

I will be attempting to get the full investigation in order to see what was actually done and who was actually interviewed. I would assume that they had more than just the word of the two accused to refute the material evidence, (i.e. sworn transcripts and the forged subpoenas), and the video interview of the former Assistant Prosecutor. That is assuming that the latter exists.

I hope Sgt Forst is up to task when he is standing on the witness stand.This is why this whole thing regarding investigating the way the police particularly IA does things is a farce.

[Miss Tam-Tam]

http://blog.nj.com/njv_guest_blog/2009/06/newark_police_could_use_indepe.html

Independent Monitor Would Benefit Newark Police
By Ronald C. Rice and Samuel Walker
Star-Ledger, Tuesday, June 9, 2009 -- Page 13

Does the Newark Police Department need greater oversight?

The headlines say "yes."

We recently learned that the Newark police are ineligible to receive federal stimulus funds to hire more officers because of misuse of previous federal funds. Newark owes the feds $659,568. Additionally, citizen complaints against the NPD continue, and even the disciplinary actions of the department have been called into question.

It is time that Newark recognizes the need for an effective independent monitor of the NPD, resulting in better management of the entire department and increased safety for Newark's residents.

The ineligibility of the Newark police to receive federal stimulus funds means no money for additional police officers. This directly affects the quality of policing Newark residents receive. An effective independent monitor could have identified the problem early on and brought it to the attention of the department, city officials, the media and the public.

Experts across the country recognize that abuses of citizens on the street -- excessive force, sexual harassment, rudeness and use of racial epithets -- are usually the symptoms of poor management. Poor management is a big umbrella, beginning with inadequate policies (on use of force and internal affairs division management, for example) and including inadequate training (especially for veteran officers) and poor mid-level supervision.

In other states, police oversight models have yielded results. The special counsel to the Los Angeles Sheriff's Department has addressed a wide range of organizational issues similar to Newark's over the past 16 years, including use-of-force trends, foot pursuits by offices (which are very dangerous to officers), discrimination in promotional opportunities inside the department, the management of the unit assigned to a particularly high-crime neighborhood and others.

The Denver police monitor, meanwhile, has reorganized the citizen complaint process, including developing a process of mediating certain complaints.

This new model of oversight is geared to address exactly the kind of misuse of funds that is now costing the city. Openness and transparency of this sort could have helped to correct the problem.

The result today would be federal funds, more officers, more effective policing and a safer city.

While the NPD can be commended on its accomplishments during the recent past, including a dramatic reduction in the murder rate, the problem of police misconduct clearly persists, and no level of pledged commitment to change has stopped it.

This year alone, examples of complaints and lawsuits that have been filed include the excessive use of force by NPD officers, disparate treatment of officers, stifling of police officers' rights to free speech, mishandling of internal affairs complaints and many other issues.

Since February, the Newark City Council's ad hoc investigative committee has been holding a series of eye-opening hearings into alleged racial disparities in the Newark police's disciplinary practices, and is also working with the ACLU to teach residents about their rights and to address improper handling of complaints by the department's internal affairs unit. While this is a good start, an empowered, independent monitor is the logical next step.

******
Council Ronald C. Rice represents Newark's West Ward, Samuel Walker is Professor Emeritus of Criminal Justice at the University of Nebraska at Omaha and the author of two books on citizen oversight of the police.

[OperationREDD]

I SEE SOMETHINGS HAVEN'T CHANGED!!!!

[BraveHeart]

I received that same letter some time ago when I filed a complaint against an officer. The sad thing about it, is that THERE WAS PROOF!!!......The more things change, the more they stay the same.! Shaking my head!:rolleyes:

They're as predictable as DeMaio in a room full of Spanish hoochies. Police Internal Affairs Units are mandated by the Attorney General to maintain these records for five years. You have the right to contest that finding and have an attorney subpoena the investigation as I have done. You could also write Councilman Rice and have him look into the findings because it is exactly what that committee was formed to investigate.

The problem, as we all know, is that once most people get these letters they believe that they have no other recourse. Educating the citizenship should be part this plan for IAD reform. Individuals who feel that they have not had their complaint handled correctly should have a contact person to go to where they can make their case to re-open it.

I know of at least three officers who have been caught with prostitutes in some fashion, investigated and, either retired with their pensions or are still on the job. On such Hispanic officer solicited an undercover officer in NYC. Nice work. Bottom line is that some people are protected and that that is the true function of that unit in Newark.

I don't believe that anything will ever come of the committee because the forces that are involved have been doing this for so long that they know what to do when the heat comes down on them. Politics is a powerful thing in this city and money even more so. The police unions cannot put a dent in it because they have a "conflict of interest" in going after dirty cops who they will be forced to provide legal representation for. I have felt this first hand. They also cannot give the effort needed when they as individuals can be affected inside the department when it comes to certain things such as voluntary overtime, or even outside the confines of the police department, when it comes to outside employment. They target their income and that usually scares everyone into toeing the company line. This amounts to nothing short of intimidation and abuse of office. Just another day in the NPD.


JMX...

[BraveHeart]

Title
Dept/ Agency: Department of Law
AUTHORIZING
Type of Service: Settlement
Purpose: Civil litigation
Entity Name: Louis Wohltman
Settlement Amount: $147,325.22
Additional Comments: N/A
Invitation: Corporation Counsel, May 19, 2009


Unfounded you say?

..and just in case you don't believe me:
http://newark.legistar.com/LegislationDetail.aspx?ID=362793&GUID=6321CBD6-BD28-40A0-8461-D743ADD8E134&Search=&Options=

[JustaThought]

Justice!!!!!!!

[Mark J.]

Yes, Congratulations...should have been more...I hope there is punishment for the guilty as well!

[BraveHeart]

Lou's was just an appetizer. Let us not forget that this is payout for a six month suspension. Just needed to make the point that someone is seriously deluded about what the final outcome is going to be and that given the evidence at hand I don't think it's me. It should also serve to remove any doubt as to this being a personal vendetta against myself. I guess there will never really be a true house cleaning when it come to the NPD scourge because they seem helpless to do so. Investigate disciplinary practices in Newark?

1946 Yeah...OOHH-KAAYY!!
The clever combatant imposes his will on the enemy, but does not allow the enemy's will to be imposed on him.
Sun Tzu


JMX.

Here's a copy of the Lou's $150k complaint: http://www.aclu-nj.org/downloads/013008Wohltman.pdf

[BraveHeart]

I just watched the speech given by Ron Rice and I just had to ask. How much longer will we now have to wait for relief from the improper conduct being exercised by the NPD higher ups? How many more trials will officers need to win before the city coffers say "no mas"? When will the incontrovertible evidence that we have presented be given the proper attention and people held to account for their actions. When will charges be filed and arrests made?

My wife and I presented evidence of criminal activity which I believe will be moot because of statutory limits. Why were we ignored? Who was ordered and who gave those orders? Statutory limitations may shield those people, but the city can still charge them departmentally if the evidence of wrongdoing is found. Will they be investigated and charged? Will they be terminated? Will they be made to reimburse the city or forfeit their pensions to recoup the legal fallout from their activities?

I stated in my previous post that Lou was just an appetizer. Well, Darren Nance was the main course and once again we are asking you for help. If we cannot get it from those that we have elected to be our voice then Nance's main course might end up looking more akin to a soup and a sandwich compared to what is to come.

JMX: If you really care, then write the judge and ask that Darren be reinstated. You need him on that department more than you will ever know.

[OperationREDD]

AMEN..... I can't wait for my day in court!

[BraveHeart]

I figure why not throw this thread back up into the here and now to see what's really real.

The paper tiger was shredded by the NPD brass and thrown into the trash. Instead of actually doing something about the corruption, over a year later, all we have is empty promises. Promises made based on the assumption that the NPD would have to cooperate whether they wanted to or not. What's that saying about assumptions again?

The department says it's going to knock off 263 cops by October. That means EVERY one of the classes that Booker put in, should not have gone in to begin with. That means that the last class under Sharpe, that graduated under Booker, will also have to go. No money for cops but plenty for law firms. If the city is going to settle all these claims anyway, because they know the allegations are with merit, then why do you need to hire someone else to do it? The resident corporation counsel could have done this without any extra expense. Why did the city counsel,(pun intended), knowing the true numbers, agree to this fiscal fiasco? Just because you put a bag over your head doesn't mean you stop being ugly.

The council needs to sit down and look at this as if it were their money, not play money. How can you just sit there and watch all this money evaporate and not say enough is enough? Darren Nance's legal bill is almost ONE MILLION DOLLARS, and this was actually just the result of a rigged police trial? Where is the accountability? Where is the movement to prevent this from happening again? Nowhere.

There might not be any system of checks and balances when it comes to discipline in the NPD but what that means is that there will be plenty more checks subtracted from Newark's balance.

JMX

[HAVESEENENOUGH]

The department says it's going to knock off 263 cops by October. That means EVERY one of the classes that Booker put in, should not have gone in to begin with. That means that the last class under Sharpe, that graduated under Booker, will also have to go.


Actually it is about 181 officers, all of the Crossing Guards, and the rest Police Aides and other civilian personnel in the NPD. That will also be compiled with demotions minus the top enders that they are trying to get to retire. There are not many of them, but enough to keep about 20 officers on the streets.

It is going to happen without a doubt. I think more like September not October.

Somebody over there in that Gold Dome needs to work on their math skills.

BTW: If they got rid of McCarthy, his daughters, and friends they could probably keep another 10 cops on the streets. How about just having a Chief like the other 98% of the municipalities in the state? I mean, after all the police director's primary obligation is supposed to be managing the budget of the police department. That obviously has not been working out.:eek:

[BornFree]

Actually it is about 181 officers, all of the Crossing Guards, and the rest Police Aides and other civilian personnel in the NPD. That will also be compiled with demotions minus the top enders that they are trying to get to retire. There are not many of them, but enough to keep about 20 officers on the streets.

It is going to happen without a doubt. I think more like September not October.

Somebody over there in that Gold Dome needs to work on their math skills.

BTW: If they got rid of McCarthy, his daughters, and friends they could probably keep another 10 cops on the streets. How about just having a Chief like the other 98% of the municipalities in the state? I mean, after all the police director's primary obligation is supposed to be managing the budget of the police department. That obviously has not been working out.:eek:


Very interesting! Do you know exactly where are the McCarthy daughters working so that we can question their department heads as to their function within the city government. We would also like to know what they are being paid and how many officer's can be saved with their removals. Nobody seems to know where they are working, do you?

[HAVESEENENOUGH]

Very interesting! Do you know exactly where are the McCarthy daughters working so that we can question their department heads as to their function within the city government. We would also like to know what they are being paid and how many officer's can be saved with their removals. Nobody seems to know where they are working, do you?

You can find their names and salaries posted in the City Budget. They are both making more than $100,000.00. I was told where they were working yesterday, but I am on vacation and was on my cell phone outside so I did not hear it clearly. Not to mention the person talking was spitting out 100 words a second. :eek: People get nervous when they may be getting canned or in this case, forced out.

I was told they make about $106,000.00 a year.

It was originally rumored that one was working in the police department but I don't think either one does. So they really have no impact on the NPD's Budget but they have an impact on the City's Budget if they are still there. The city is broke not the police department.

[Outside]

If Macarthy's family was working for the city, dont you think Joan Whitlow would have been all over that by now?

[Mark J.]

They don't have to be working in the Police department to be paid under the Police Department's budget - one thing I learned is that friends and family of Mildred Crump might be working anywhere (or nowhere) and still be on someone else's budget. It makes them more or less unaccountable. Look high and low for those illegal daughter's, and if you don't find them on the payroll, check the slush fund.

[Inkwell]

If Macarthy's family was working for the city, dont you think Joan Whitlow would have been all over that by now?at least one, has been working for Newark since 06 or early 07! Joan Whitlow might have wanted to report on it -- believe me she heard about -- but, realistically, reporters can only print what is permitted by the Editor! Back then, the Star Liar printed only positive news stories about their ENDORSED elected official.:mad:

[muscle44]

Ron Rice, Jr. had no intention of taking an action against NPD perpetrators, who use the disciplinary process as a tool. The ACLU is doing the job that Ron Rice should have and could have done to identify and weed out the evildoers. It was all a facade and a smoke screen to keep folks at bay. I am so disappointed in him as a councilman and an alleged counselor-at-law. :(

[ProSouth]

Ron Rice, Jr. had no intention of taking an action against NPD perpetrators, who use the disciplinary process as a tool. The ACLU is doing the job that Ron Rice should have and could have done to identify and weed out the evildoers. It was all a facade and a smoke screen to keep folks at bay. I am so disappointed in him as a councilman and an alleged counselor-at-law. :(

1-1/2 years ago when Councilman Rice started this thread I said then that this would end up being all about nothing. He does not have the radical ba**s to take this on. He is a politician. This is his pseudo cause to make the community believe that he is really doing something.

Rice could rock this boat hard and all he is doing is throwing little pebbles in the ocean.

I have a problem with complacent negroes who try and fool the electorate with issues just to get a rise.

How many times has Councilman Rice been here since he posted this thread and have been receiving criticism? Probably none.

I feel bad for the fired officers who were mislead by this farce. The Councilman admits that he has a cause that he is personally powerless to change. Then what good is the cause? Where are the radical actions?

Also, if you want to know where Councilman Rice really stands on this issue, let's see how he votes on McCarthy? I bet he votes to keep him.

Enough said.

[HAVESEENENOUGH]

If Macarthy's family was working for the city, dont you think Joan Whitlow would have been all over that by now?

I don't know if she can get her hands on a copy of last year's Budget if that is what I was reading but the one daughter (I think the name was Kyla) was listed with a salary of $106,400.00. This is nothing new and has been known for years. Someone sent me a web link to it and it looked like it was somewhere in the City of Newark website. I saved it to my documents and I am trying to find it to post.

To be honest, I really didn't give a fig at the time, but if you are going to have to start making cuts make them in the right places.

As Mark has mentioned, they may be hidden somewhere in there but seek and you will find. ;) I am going to continue to look through my documents but this is a job for Tam-Tam. :D

[HAVESEENENOUGH]

Mr. Rice may have started this thread but he hasn't contributed to it in a long, long time. :rolleyes::(:eek: