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Topic: Why Flint needs an Ombudsman-the Childress incident
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untanglingwebs
El Supremo

* "The First Amendment protects a significant amount of verbal criticism and challenge directed at police officers, In essence, it is not a legal basis for a seizure of one who verbally opposes a police officer without another legal basis for a seizure,
See Houston V Hill, 482 U.S. 451, 461-63 (1987)"

Raheem page 35
Post Sat Jan 19, 2019 9:58 am 
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untanglingwebs
El Supremo

d. The Frederick Caldwell Incident as a failure to investigate

The Incident happened on July 15, 1992 and Sgt linda Winfrey was given the complaint to initiate the investigation on July 29, 1992. While there were six witnesses named ito the incident, City of Flint documentation that Sgt. Winfrey only made one attempt to contat the witnesses and that was all on one day. The report shows she contacted the only witness that had left the scene when tha abuse began. Winfrey reported ahe was unable to contact the other witnesses.In her report to Police Chief Duncan and Captain Shuker indicate her only attempt in six months was on August 27, 1992.

A letter from Shuker date March 15,1993 informed Caldwellthat his allegations aginst the officers were not sustained.
Post Sat Jan 19, 2019 10:11 am 
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untanglingwebs
El Supremo

The Ombudsman Office had few problems interviewing four of the witnesses (John Brown, Darryl Dixon, Mattie jenkins and Tiffany Brown) and the three witnesses wer able to corraborate the allegations of Mr Caldwell.

Winfrey never questioned or investigated whether Williams had a legal right to detain and search Mr caldwell especially since the only allegation involved a verbal dispute with an unnamed woman Also the FPD never questioned Williams as to why he ordered Caldwell out of his yard, searched him and ran him through LIEN when Caldwell only asked for a name and bade number.

* "Under Terry V Ohio, 392 U.S. 1, 88 S. Ct 1868, 20 L. Ed. 2d 889 (1968), the Court held that officers may temporarily detain a person upon reasonable suspicion that criminal activity may be afoot. (Rahem notation)
Post Sat Jan 19, 2019 10:23 am 
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untanglingwebs
El Supremo

e. the Deloris Gibson Incident as evidence of of the City's Failure to Investigate

On May 1,1991 Ms. Gibson filed a citien's complaint of physical abuse that sent her to the hospital against Williams with Lt Khouri and listed four witnesses complete with the address and phone number of each of them. It was not until December 8, 1995 tht Capt. Timothy Shuker, Division of Inspections, sent meroto Police Chief Duncan regarding Gibson's allegations of physical abuse. Nowhere in this 8 page document was there any mention of contacting the non-police witnesses. The conclusion that Williams did nothing wrong was based upon the 5 x 8's of Williams and 9 other officers.

There was no mention of whether Williams had probable cause to arrest Ms Gipson for Interfering with Police while she remained on her front porch.

Gibson's witnesses corroborated that Williams choked her.
Post Sat Jan 19, 2019 10:44 am 
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untanglingwebs
El Supremo

F. The Elgin Keels Incident as evidence of the City's Failure to investigate.

On June 18,1991, Mr keels filed an Incident report at the FPD against Officer Morley and Officer Williams for physical abuse. Sg. Winfrey had this case for investigation and spoe to Mr. Keels on July 15, 1991. In his complaint Keels stated Morley needled him in his face with the antenna of his walkie- talkie and Williams then grabbed him by the neck,near the windpipe effectively cutting off his breathing. (much like the Deloris Gibson complaint)

Sgt. Winfrey sent an Investigative Report Synopsis to Chief Duncan, Deputy Chief Shecter and Lt Knot dated january 9, 1992 regarding the physical abuse complaint of Mr keels. Once again, the allegations were stated to be unfounded or false. Her supporting facts were a letter sent to a witness she never spoke to, the 5 x 8's of Morley and Williams and a copy of Mr Keels arrest record.

.
Post Sat Jan 19, 2019 11:01 am 
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untanglingwebs
El Supremo

"However, Williams report indicates on its face the fact that he violated Mr. Keels constitutional right by stopping mr keels sole based upon alleged information from an unidentified source that Mr Keels was believed to either deal drugs or hold drugs in his wheel chair for other drug dealers."

"Winfrey admitted that in the course of her investigation that she never inquired who the unidentified officers were that believed Mr. Keels dealt in drugs."Nor is there any indication that Winfrey otherwise probed into whether Williams had a legal basis to do a "Terry" stop. Thus on the face of the of the investigative packet produced by Defendant City of Flint, there was no tangible evidence to indicate Williams had any legal basis to frisk Mr. keels. Yet there was no investigation by the FPD of Defendant Williams' actions in this regard."
Post Sat Jan 19, 2019 11:20 am 
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untanglingwebs
El Supremo

Raheem page 37

"Based on the whole picture, the detaining officer must have a particularized and objective basis for suspecting the particular person suspected of criminal activity in order to stop that person. There must be some objective showing that the person stopped is, or about to be engaged in criminal activity in order legally to stop that person. U.S> v. Thomas 844 F. 2d 678, 681 (9th Cir.), opinion superseded on other grounds 863 F. 2d, 622 (9th Cir. 1988). It is questionable that Defendant Williams had an objective showing to stop Mr. Keels since Williams actions are based on what some unidentified officer(s) told him and what the unidentified officer(s) merely believed regarding Mr. keels being involved in illegal drug activity."
Post Sat Jan 19, 2019 11:33 am 
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untanglingwebs
El Supremo

G. The Wyvonne Looney Incident as evidence of City's failure to investigate

On December 4, 1994, Tony Jones was working at the Family Dollar Store as an off-duty private security guard. Mrs,looney was shopping when she noticed a man pulling her son to the back of the store. She went to them but Jones did not identify himself as a security guard and Mrs Loomey tried to pull her son away from Jones. Jones then arrested Looney for Interfering With Police "Mrs Looney filed an incident report alleging that Jones did not identify himself as a police officer or security guard as he should have,"
Since a off-duty private security guard does not have the same arresting power as a police officer so the charges had to be dropped. Police Chief Duncan had issued a memorandum on May 27,1993, informing officers working as off-duty private security guards they could not make misdemeanor arrests but they could make felony arrests.

Jones admitted receiving the memorandum but testified in deposition that "I'm a police officer 24 hours a day."


Last edited by untanglingwebs on Sat Jan 19, 2019 3:56 pm; edited 1 time in total
Post Sat Jan 19, 2019 3:42 pm 
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untanglingwebs
El Supremo

" Not surprisingly once again her October 26, 1995 memorandum to Chief Duncan and Captain Shuker, Sgt. Winfrey finds Mrs. Looney's complaint against Defendant Jones to be unfounded. Regarding the unlawful arrest, Sgt Winfrey simply stated that Jones should be given a copy of the City Attorney's opinion regarding his [limited power as a private security guard Winfrey once again recommended that jones should not receive
any discipline for this incident"
Post Sat Jan 19, 2019 3:53 pm 
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untanglingwebs
El Supremo

1 The patterns of citizens complaints against police officers that should have put the FPD to better supervise its officers

"The FPD fails to reasonably investigate an officer who has numerous unsustained citizen's complaints alleging constitutional violations, such as unlawful arrest or excessive force, against him or her. Sgt. Winfrey testified that she knew of no single data base wher all citizen's complaint against an officer is located."
Post Sat Jan 19, 2019 4:04 pm 
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untanglingwebs
El Supremo

The Pattern of Citizens Complaints against police officers that have put the FPD on notice to better supervise its officers

In their depositions, former Chief Steele, Captain Barksdale,and Sgt. Winfrey, all testified they were unaware of any monitoring system that could identify problem officers that had numerous citizen complaints against them for violating citizens constitutional rights.

"In addition to ignoring complaints it receives, the FPD has failed to investigate officers with repeated violations of citizen's constitutional rights even after it receives given notice in many Ombudsman reports against an officer. Excellent examples of Ombudsman's on Complaints by Fox, Gibson, and minor. There are numerous other troublesome reports against Williams and Jones not detailed above, * which should have put the FPD on notice that two officers were having more trouble than the average police, such as Peterson and Luna who only had one or citizen's complaints lodged against them."
Post Mon Jan 21, 2019 3:52 am 
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untanglingwebs
El Supremo

* For example, the citizen's complaints against Williams by Timothy baker and Joice Howard and the against Jones by Jason bearup and Landra Johnson.

"With Defendant Willams, the aboe citizen's complaints paint a disturbing picture of a "peace officer" who repeatedly and consistently seeks out or escalates verbal confrontation with citizens. Defendant Williams thn uses that verbal confrontation, instead of probable cause, as the basis to not only arrest a citizen but to escalate the situatio into a pnysical one."

Raheem continues to comment on how Williams enters the porches of citizens and :flagrantly deprives them of their civil rights.She states he got away with this behavior because "the City had a policy and a custom of not investigating obvious violations of constitutional rights where the complainant did not expressly state an obvious violation
and because of its policy and custom not to monitor for bad cops/"
Post Mon Jan 21, 2019 4:10 am 
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untanglingwebs
El Supremo

MICHIGAN OFFICER INVOLVED DOMESTIC VIOLENCE PROJECT [ MIOIDV PROJECT ]
Dedicated to insuring that the voices of Officer Involved Domestic Violence victims and survivors are heard. [Renee' Harrington]

Wednesday, January 1, 2003
Officer John M. Smith - Flint PD
Charges latest blow to cops' image
From Flint Journal files
Oct. 4, 2005
http://blog.mlive.com/flintjournal/2008/07/flint_journal_files_articles_related_to_antonio_barber.html

FLINT, Michigan - Two Flint police officers accused of stealing money and drugs are the latest but not the first to tarnish the department's reputation.

In recent years, Flint officers have been accused of soliciting sex on the job, stealing a video game and beating a handcuffed man. They represent a small but all-too-visible part of the police force.

Flint Journal extras
Policing the police Recent incidents involving Flint police officers:

• LAWRENCE E. THOMAS: Put on 2 years' probation in December after pleading no contest to charges he packaged marijuana at his home and sold $100 worth to an informant. Also acquitted of assaulting a boy who threw a snowball at his car while off-duty, but the city paid $30,000 to the family of two boys involved in the incident.• JEFF HAZZARD: Resigned earlier this year. The city paid $175,000 in settlements related to an incident in which men accused Hazzard and other officers of brutalizing suspects.

• TONY M. JONES: Sentenced to federal prison last year after pleading guilty to gambling conspiracy in a case that included allegations he used his job to protect illegal card and dice games. He was fired by the department.

• ANTONIO BARBER: An undercover narcotics officer, he was fired last year for allegedly stealing a Madden 2005 video game during a raid on a house.

• SCOTT BAKER: In August, pleaded no contest to a misdemeanor charge for allegedly propositioning two women for sex while on duty in November 2003. If he stays out of trouble, the case will be dismissed in February, leaving his criminal record clean. As part of the deal, he resigned and will not seek reinstatement.

• JOHN M. SMITH: Pleaded guilty in September 2003 to disorderly behavior and assault and battery for striking his girlfriend and another woman with a wooden table leg during an argument. He was fired.

• OFFICERS CHRIS MARK AND RODNEY COOPER: Fired for allegedly violating department rules. But both were returned to the force through arbitration.

"I know the police department is a damn mess," Council President Johnnie Coleman said.

Fired by the department Monday were Officers Joseph T. Lechota, 29, of Flushing and Patrick M. Majestic, 36, of Swartz Creek. The two are accused of drug delivery, evidence tampering and misconduct in office and face pretrial hearings on the criminal charges this week in Flint District Court.

The pair are the latest in a series of Flint officers to resign or be fired for alleged misconduct over the past several years, although at least two of the fired officers regained their jobs through arbitration.

Some say police officers deal every day with the underbelly of society - and temptation."Police officers are virtually always bombarded throughout their career with big ethical issues," said Bruce Benson, a former deputy chief in Flint who now is a criminal justice associate professor at Michigan State University.

Still, Benson said his own research in Flint proves most officers have the best intentions. "The people in those jobs are there because they want to make a difference," he said.

Officers - current and former - bristle at the implication that the problems are anything but isolated incidents."It's tragic because I know these guys (in Flint). They are good officers, doing good work," said Brian Morley, an officer in Flint for four years and now a criminal defense attorney. "It's unfair. It's tough on the rest of them."

So, what makes a cop go bad?"I don't know. I wish I did," Benson said.

Every case is different, but a report to Congress in 1998 said profit, power and a sense of vigilante justice come into play in drug-related police corruption. Age and level of education also can be factors, it said.

Coleman said the recent arrests show how the department lacks leadership. He said he doesn't think Deputy Chief Gary Hagler is a bad leader, but said he lacks the organizational skills needed and hasn't been able to earn the respect of the entire department.

Hagler could not be reached for comment.

But Hagler released a statement saying Majestic is married to his niece.

"I want the public to know that I immediately removed myself from the internally initiated investigation," Hagler said in the release. "The federal authorities were immediately asked to participate in this investigation."

Coleman also said that while it shouldn't be an excuse for the officers' alleged crimes, the department is hurt by offering low wages and no raises in the past seven years. He said the city should give officers a raise before the issue goes into binding arbitration.

"I hope the city doesn't win," he said. "I hope the city has to pay the officers."
Post Wed Jan 23, 2019 7:28 am 
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