WBEZ | Criminal Justice http://www.wbez.org/news/criminal-justice Latest from WBEZ Chicago Public Radio en Chicago aldermen demand firing of Police Superintendent McCarthy http://www.wbez.org/news/chicago-aldermen-demand-firing-police-superintendent-mccarthy-113191 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/GarryMcCarthy-AP Photo-M Spencer Green File.jpg" alt="" /><p><p>Chicago&nbsp;Police Superintendent Garry McCarthy says he plans to stay in his job as long as he can.</p><p>The police chief spoke to reporters Tuesday, a day after a group of mostly black aldermen called for him to step down.</p><p>McCarthy was due to testify before some of those same aldermen at an afternoon budget hearing.</p><p>Most of the aldermen demanding McCarthy&#39;s firing are African-American. They contend McCarthy has had plenty of time to reduce street violence plaguing the city and hasn&#39;t done so.</p><p>The demand by the aldermen comes as the city records a 21 percent increase in murders, a trend seen nationally.</p><p>Mayor Rahm Emanuel says in a statement that he supports McCarthy&#39;s &quot;work and commitment.&quot;</p><p>Also Tuesday, officials announced that McCarthy&#39;s second-in-command, Alfonza Wysinger, would be retiring.</p><p>&mdash; <em>The Associated Press</em></p></p> Tue, 06 Oct 2015 08:38:00 -0500 http://www.wbez.org/news/chicago-aldermen-demand-firing-police-superintendent-mccarthy-113191 Chicago aldermen have few questions about police discipline http://www.wbez.org/news/chicago-aldermen-have-few-questions-about-police-discipline-113168 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/flickrBartosz Brzezinski.jpg" alt="" /><p><div><p style="text-align: justify;">At a time when policing is of major public concern nationally, Chicago aldermen had just a smattering of questions for the head of the Chicago Police Board Friday.</p><p style="text-align: justify;">Board President Lori Lightfoot appeared before the city council alongside Police Board Executive Director Max Caproni as part of the annual budget process.</p><p style="text-align: justify;">The police board hands out discipline in the most serious cases of police misconduct.</p><p style="text-align: justify;">Of 50 aldermen, fewer than 20 attended and only 5 had questions. The hearing was over in about 35 minutes.</p><p style="text-align: justify;">More aldermen showed up for the next hearing on animal care and control, where Ald. Margaret Laurino discussed citizens who feed wild animals. At the end of her&nbsp;questions&nbsp;she thanked the executive director of animal care and control.</p><p style="text-align: justify;">&ldquo;So once again I wanted to thank you for rescuing a deer in my block,&rdquo; said Laurino. &ldquo;Thank you. Not you per&hellip; you weren&rsquo;t personally, but I&rsquo;m sure you were personally involved somehow. Thank you.&rdquo;</p><p style="text-align: justify;">Budget hearings for city departments continue next week.</p><p>&nbsp;</p><div><em>Robert Wildeboer is a WBEZ criminal and legal affairs reporter. Follow him at&nbsp;<a href="https://twitter.com/robertwildeboer">@robertwildeboer</a>.</em></div></div></p> Fri, 02 Oct 2015 16:57:00 -0500 http://www.wbez.org/news/chicago-aldermen-have-few-questions-about-police-discipline-113168 Chicago alderman questioning IPRA investigation of police misconduct http://www.wbez.org/news/chicago-alderman-questioning-ipra-investigation-police-misconduct-113117 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/283201_187501511309757_7602640_n.jpg" alt="" /><p><div>Chicago aldermen are holding hearings over the next couple weeks to vet Mayor Rahm Emanuel&rsquo;s budget. One of the departments funded by the city is IPRA, the Independent Police Review Authority. IPRA investigates serious police misconduct but several aldermen are expressing concerns about the effectiveness of that agency.</div><div>&nbsp;</div><div><a href="http://www.wbez.org/news/ipra-fails-pursue-potential-crime-cops-caught-video-113018" target="_blank">One case involving the verbal and physical abuse of an Asian-American woman</a> has been getting particular attention because it was caught on tape. But it&rsquo;s also getting attention because when the officers realized the abuse was on tape they tried to take possession of the recording.</div><div>&nbsp;</div><div>That seeming attempted obstruction of justice was never investigated by IPRA.</div><div>To view police officer&#39;s attempts at finding and taking possession of the video click <strong><a href="https://youtu.be/fHTTy9D8x2w?t=32m30s" target="_blank">here </a></strong>and <strong><a href="https://youtu.be/fHTTy9D8x2w?t=38m34s" target="_blank">here</a></strong>.</div><div>&nbsp;</div><div>Ald. Ameya Pawar of the 47th ward joined WBEZ&rsquo;s Robert Wildeboer in studio Tuesday to talk about the case and its implications for community trust of police.</div><div>&nbsp;</div><div><hr /><p><strong>WILDEBOER</strong>: First off, IPRA is recommending a 25-day suspension for a police officer who told Jessica Klyzek, an Asian-American woman, that she wasn&rsquo;t American. The officer said he was going to put her in a UPS box and send her back to wherever she came from. Is a 25-day suspension appropriate?</p></div><div>&nbsp;</div><div><strong>PAWAR</strong>: I mean, I thought what was said on that tape was incredibly offensive and not just to the woman but to the broader Asian-American community, and I think if we&rsquo;re going to say that we are an immigrant-friendly city then our public safety agencies along with all our departments have to reflect that and I think the 25 days is light in my opinion.</div><div>&nbsp;</div><div><strong>WILDEBOER</strong>: Asian-American community groups in Chicago are calling for the officers to be fired. You&rsquo;ve seen the video. Should these officers should be fired?</div><div>&nbsp;</div><div><strong>PAWAR</strong>: I think what I want to know is what they&rsquo;ve done in the past and how they arrived at 25 days. Again, I&rsquo;m a process-oriented person so I want to know how they got from point &lsquo;A&rsquo; to point &lsquo;B.&rsquo; Looking at that tape in its entirety it doesn&rsquo;t seem to reflect the values of the police department. It doesn&rsquo;t seem to reflect the values of all the men and women who serve in the Chicago Police Department so my question is how they got to that penalty.</div><div>&nbsp;</div><div><strong>WILDEBOER</strong>: After the verbal abuse officers realize that they are being recorded and they appear to try to destroy the video. You&rsquo;ve watched that portion of the video. What&rsquo;s your take? Does this look like an attempt to obstruct justice and is this something you think IPRA should have investigated?</div><div>&nbsp;</div><div><strong>PAWAR</strong>: I think that second question is the right one, which is, why weren&rsquo;t there any questions asked about, it seemed to me that the conversation was, well, if we seize the video then it&rsquo;s better us than them. That to me is highly problematic. And again, I have a lot of questions on why there wasn&rsquo;t a broader investigation, or at least a question, a simple question as to why they were discussing seizing that surveillance video. I mean I think this is why people are suspicious of the people who are supposed to serve them. Remember, we&rsquo;re all supposed to be on the same team here.</div><div>&nbsp;</div><div><strong>WILDEBOER</strong>: You&rsquo;ve previously said it&rsquo;s important to question and challenge police agencies and I wanted to see if you could talk a little bit more about that.</div><div>&nbsp;</div><div><strong>PAWAR</strong>: So I&rsquo;ll give you some political context. I marched with a &lsquo;Black Lives Matter&rsquo; processional prior to the election and during the election that came up as me being anti-police, that I don&rsquo;t support police officers. Questioning a police officer or a police department is seen as being anti-police and I think that is really problematic because you have to be able to question your public institutions. That&rsquo;s what makes them stronger. That&rsquo;s what make democracy stronger. I think it&rsquo;s also important to know that as an alderman--and I support the police department, I&rsquo;m about to vote on one of the largest property tax increases in history to fund their pensions--so I just think we have to move beyond this idea of ...this being a binary conversation, that either you&rsquo;re with the police or you&rsquo;re against the police. It just doesn&rsquo;t make any sense. It doesn&rsquo;t lead to good results and it&rsquo;s going to continue to divide communities. And I think that also means that the FOP, the police department, the superintendent, city council, we all have a role in this and making sure we&rsquo;re addressing the legacy issues. We have to.</div><div>&nbsp;</div><div>&nbsp;</div><div><em>Robert Wildeboer is a WBEZ criminal and legal affairs reporter. Follow him at&nbsp;<a href="https://twitter.com/robertwildeboer">@robertwildeboer</a>.</em></div><div>&nbsp;</div></p> Tue, 29 Sep 2015 17:28:00 -0500 http://www.wbez.org/news/chicago-alderman-questioning-ipra-investigation-police-misconduct-113117 City sends police-shooting investigators to trainer accused of pro-cop bias http://www.wbez.org/news/city-sends-police-shooting-investigators-trainer-accused-pro-cop-bias-113077 <p><p dir="ltr">The agency that investigates Chicago police shootings is beginning a week of training led by a controversial psychologist who often testifies in support of officers who have shot civilians, WBEZ has learned.</p><p dir="ltr">Independent Police Review Authority investigators and supervisors on Monday will begin a five-day course led by Bill Lewinski, founder and leader of the Minnesota-based Force Science Institute, according to internal IPRA records.</p><p dir="ltr">&ldquo;This training is extraordinarily important and was very difficult to make possible,&rdquo; IPRA Supervising Investigator Joshua T. Hunt wrote in email to the agency&rsquo;s staff.</p><p dir="ltr">But some civil-rights attorneys say IPRA could hardly find a worse instructor. &ldquo;Neutrality goes out the window when you deal with Bill Lewinski,&rdquo; said Melvin Brooks, a Chicago lawyer who has faced the psychologist in court. &ldquo;His opinions are so skewed toward police, it&rsquo;s a disservice to the citizens of Chicago.&rdquo;</p><p>Lewinski has testified about at least seven shootings by Chicago officers, a WBEZ review of his consulting work has found. Each time, the psychologist invoked science to help justify the lethal force.</p><p dir="ltr">Those cases are among dozens of police shootings across North America in which Lewinski has defended the officers as an expert witness. But that work faces more challenges as scientists raise flags about his research.</p><p dir="ltr">This week&rsquo;s course is the second time Lewinski has trained IPRA&rsquo;s staff. The first was a two-day session last year, according to the records, obtained by WBEZ through an Illinois Freedom of Information Act request.</p><p dir="ltr">Mayor Rahm Emanuel&rsquo;s administration is defending its link to Lewinski. Training for investigating police shootings is &ldquo;highly specialized and very difficult to find,&rdquo; a written statement from IPRA Chief Administrator Scott M. Ando says.</p><p dir="ltr">&ldquo;We are constantly looking for high-quality training for our investigators through universities and other models,&rdquo; Ando&rsquo;s statement says. &ldquo;Our hope is that more training opportunities relative to [police shootings] will become available.&rdquo;</p><p dir="ltr">But Lewinski&rsquo;s role raises new questions about the city&rsquo;s ability to hold officers accountable when they use deadly force without justification.</p><p dir="ltr">Of about 400 civilian shootings by police that IPRA has investigated since 2007, the agency has found the officers at fault in only two, both off-duty incidents. IPRA has never concluded that an on-duty shooting was unjustified.</p><p dir="ltr">WBEZ has revealed that former <a href="http://www.wbez.org/news/who-polices-police-chicago-its-increasingly-ex-cops-111194">sworn law-enforcement personnel</a> now manage IPRA and that the agency <a href="http://www.wbez.org/news/city-fires-investigator-who-found-cops-fault-shootings-112423">dismissed a supervising investigator</a> who had refused orders to change findings that officers were at fault in several shootings.</p><p dir="ltr"><span style="font-size:22px;">Myths and cold facts</span></p><p dir="ltr">Lewinski&rsquo;s institute claims to have &ldquo;destroyed myths and discovered cold facts&rdquo; about why cops shoot people. Much of the science consists of his own experiments, including studies measuring how quickly civilians can attack officers and how fast the cops can react.</p><p dir="ltr">He concludes that it may be lawful and valid for officers to use deadly force when it seems inappropriate &mdash; to shoot someone in the back, shoot someone who is falling down or keep firing rounds after a threat has ended.</p><p dir="ltr">That message has proved popular with officers. Lewinski has trained thousands of them across the United States, Canada and the United Kingdom. He also trains people responsible for finding out whether police shootings were excessive.</p><p dir="ltr">&ldquo;We believe it&rsquo;s necessary for civilian investigators to have access to the same level of high-standard, scientifically validated base training that many law-enforcement professionals have,&rdquo; Lewinski told WBEZ. &ldquo;If they&rsquo;re going to be judging an officer&rsquo;s behavior, they need that.&rdquo;</p><p dir="ltr"><a href="https://www.scribd.com/doc/282983852/IPRA-training-email"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/image_0.jpeg" title="An excerpt of an internal IPRA evaluation of a Lewinski training session last year. Click the image to read the full evaluation." /></a></p><p dir="ltr">Brooks, the attorney, battled Lewinski while representing the mother of Darryl Hamilton, 18, who was fatally shot in the back of the head by Chicago police officer David Garza in 2003.</p><p dir="ltr">Garza&rsquo;s version of events did not seem to square with some physical evidence and witness accounts. But the mother lost her suit, partly because of Lewinski&rsquo;s testimony.</p><p dir="ltr">&ldquo;He gives credibility to that officer&rsquo;s story by suggesting that there is this phenomenon that these officers are going through, especially when lethal force is used,&rdquo; Brooks said.</p><p dir="ltr">That phenomenon is what psychologists call inattentional blindness. &ldquo;Under high stress, officers focus intently on particular elements,&rdquo; Lewinski said. &ldquo;If you pay attention to something, you&rsquo;re inattentionally blind to other things.&rdquo;</p><p dir="ltr">Officers do not see them, in other words, even when they are looking right at them.</p><p dir="ltr">&ldquo;We have done research in which we have put eye scans on elite and regularly trained officers,&rdquo; Lewinski said. &ldquo;We have looked at exactly what they&rsquo;re looking at in the middle of a rapidly unfolding gunfight.&rdquo;</p><p dir="ltr">Apart from gunfights, Lewinski has suggested inattentional blindness to help justify countless police shootings of people who are unarmed.</p><p dir="ltr">His institute <a href="http://www.forcescience.org/fsnews/59.html">touts a 2003 case</a> in Hartford, Connecticut, where an officer shot at a car, hit the driver and later claimed that the car had sped right at him and knocked him to the ground.</p><p dir="ltr">Then a <a href="https://www.youtube.com/watch?v=kWMyBg6Zt-o&amp;t=0m33s">police dashboard video</a> showed that the car was not coming at the officer and did not hit him. It showed that the cop opened fire as the car was passing him by.</p><p dir="ltr">So the defense brought in Lewinski, who said such discrepancies often stem from inattentional blindness.</p><p dir="ltr">The officer would have filled in the gaps caused by that blindness, according to Lewinski. The cop would have constructed a logical story and believed it. Parts of the story turned out to be inaccurate but, Lewinski says, that is not unusual after a traumatic event.</p><p dir="ltr">The Connecticut jury, like the one in Chicago, sided with the officer.</p><p><span style="font-size:22px;">Science or pseudoscience?</span></p><p dir="ltr">Daniel Simons, a University of Illinois psychology professor, said inattentional blindness does not clarify much about any particular police shooting.</p><p dir="ltr">&ldquo;It&rsquo;s really impossible to say, in any given case, whether somebody failed to see something &mdash; and they&rsquo;re telling the truth that they just didn&rsquo;t see it &mdash; or whether they&rsquo;re lying,&rdquo; Simons said.</p><p dir="ltr">Lewinski&rsquo;s use of inattentional blindness also bothers a researcher who helped coin that phrase two decades ago. &ldquo;To go in and say, &lsquo;This is what happened and it&rsquo;s because of inattentional blindness,&rsquo; I just think is completely inappropriate,&rdquo; said Arien Mack, a psychology professor at the New School in New York.</p><p dir="ltr">Mack&rsquo;s research subjects had no reason to twist the truth about what was happening in her experiments, she said, &ldquo;whereas a policeman who has fired a gun and hurt somebody has a great deal of motivation to misrepresent what he actually experienced.&rdquo;</p><p dir="ltr">Lewinski, asked whether he had ever testified he believed a cop was lying about a shooting, said that is a task for judges, investigators and administrators. &ldquo;I have never been qualified,&rdquo; he said.</p><p dir="ltr">&ldquo;But we certainly know that all human beings, once they begin to focus, lose the ability to report on other things,&rdquo; Lewinski said. &ldquo;That is well-documented. All you gotta do is look at the research on cell-phone use and driving. And, so, does it have application in the police world? It sure does.&rdquo;</p><p dir="ltr">Lewinski&rsquo;s own studies have also come under fire. In 2011, the U.S. Justice Department asked for a review of them by Lisa Fournier, an associate psychology professor at Washington State University. She looked at his doctoral dissertation and eight other samples. She was not impressed.</p><p dir="ltr">&ldquo;Either he failed to use statistics to evaluate the timing measures that he has, or he has not had sufficient control groups,&rdquo; Fournier told WBEZ. &ldquo;Often times, too, he overgeneralizes his results or what he is claiming to occur.&rdquo;</p><p dir="ltr">Lewinski&rsquo;s work, Fournier said, &ldquo;seemed to ignore basic concepts in research design, hypothesis testing, internal validity and reliability, which are basically concepts covered in an undergraduate research-design course.&rdquo;</p><p dir="ltr">Fournier went as far as to label his work &ldquo;pseudoscience.&rdquo;</p><p dir="ltr">Lewinski responded that Fournier focused too much on his magazine articles and not enough on his journal publications. &ldquo;Either she is naïve or her ethics are seriously compromised,&rdquo; he said.</p><p dir="ltr"><span style="font-size:22px;">Glowing reviews</span></p><p dir="ltr">In recent months Lewinski has been getting a lot of bad press, including a <a href="http://www.nytimes.com/2015/08/02/us/training-officers-to-shoot-first-and-he-will-answer-questions-later.html?_r=0">front-page report in the New York Times</a>. The attention convinced a North Carolina police department to cancel a training from Lewinski&rsquo;s institute scheduled for this month.</p><p dir="ltr">Lewinski&rsquo;s course this week will cost Chicago $50,000, including $25,000 paid in advance, according to city records. The session will take place at a facility run by Lewinski&rsquo;s institute in Des Plaines, a northwestern suburb.</p><p dir="ltr">David W. Rivers, who teaches police-shooting investigators for the Indianapolis-based Public Agency Training Council, said Lewinski&rsquo;s training will help IPRA do its job. &ldquo;I think it&rsquo;s a very good idea,&rdquo; he said.</p><p dir="ltr">&ldquo;When you&rsquo;ve got people doing these types of investigations, you expose them to anything new, from a science side, to help them understand the dynamics of what&rsquo;s going on in these shootings,&rdquo; said Rivers, a retired detective sergeant in Florida who earned a &ldquo;force science certification&rdquo; by attending a weeklong Lewinski-led course.</p><p dir="ltr">Other leaders in the police-oversight field say a reason to bring in Lewinski for training is to keep tabs on what he is telling cops.</p><p dir="ltr">&ldquo;That group trains so many police officers and police executives,&rdquo; said consultant Julie Ruhlin, who has reviewed hundreds of police shootings in Los Angeles County. &ldquo;There just needs to be an appropriate amount of skepticism about how this is being portrayed as a science.&rdquo;</p><p dir="ltr">It&rsquo;s not clear that IPRA is providing its investigators the tools to be skeptical. Apart from the sessions led by Lewinski, the agency has held no other training about police shootings since 2012, according to the statement from Ando, who did not grant a WBEZ request to interview him about the Lewinski training.</p><p dir="ltr">After IPRA&rsquo;s first session with Lewinski, held in August 2014 at the FBI&rsquo;s Chicago office, a few of the city investigators told WBEZ they found him too pro-cop.</p><p dir="ltr">Others were apparently satisfied. Through an open-records request, WBEZ obtained 11 IPRA staff evaluations of the training. Most of those reviews were glowing.</p><p dir="ltr">IPRA Supervising Investigator Alexis Serio called Lewinski&rsquo;s training &ldquo;extremely beneficial.&rdquo; He showed that &ldquo;body movements and time lapsed between shots is a mere fraction of a second,&rdquo; she wrote. &ldquo;The officers have fractions of a second to make the decision to shoot or not.&rdquo;</p><p dir="ltr">The course material, Serio added, &ldquo;gave me a better way to articulate why the shootings are almost always justified.&rdquo;</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Mon, 28 Sep 2015 04:56:00 -0500 http://www.wbez.org/news/city-sends-police-shooting-investigators-trainer-accused-pro-cop-bias-113077 U.S. And China consider a cybersecurity accord http://www.wbez.org/programs/here-and-now/2015-09-23/us-and-china-consider-cybersecurity-accord-113045 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/AP_396252850149-624x432.jpg" alt="" /><p><p>China&rsquo;s President Xi Jinping started his seven-day tour of the U.S. with a speech to American technology firms and analysts, pledging to fight cybercrime and to disallow the Chinese government from overseas commercial theft and state hacking.</p><p>China has long been suspected by U.S. officials of stealing government information and intellectual property, and many openly worry about the possibility of more serious cyber violence. But, aiming to quell fears on both sides, the U.S. and China are negotiating what could be the first cyberspace arms accord in the world.</p><p><em>Here &amp; Now&lsquo;s</em> Robin Young speaks with&nbsp;Scott Borg&nbsp;of the U.S. Cyber Consequences Unit about what that accord would mean for the future of cyber warfare and fragile U.S.-China relations.</p><p>&mdash;<a href="http://hereandnow.wbur.org/2015/09/23/cybersecurity-china-us" target="_blank"><em> Here &amp; Now</em></a></p></p> Wed, 23 Sep 2015 15:19:00 -0500 http://www.wbez.org/programs/here-and-now/2015-09-23/us-and-china-consider-cybersecurity-accord-113045 With fewer cops, Gary preacher conducts own nighttime patrols http://www.wbez.org/news/fewer-cops-gary-preacher-conducts-own-nighttime-patrols-113035 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/Gary-thumb-3-small.jpg" alt="" /><p><p>It&rsquo;s been a challenging year for Gary, Indiana.</p><p>Crime is a constant problem and its police force is undermanned because of budget constraints. That&rsquo;s left some some neighborhoods feeling vulnerable.</p><p>But one local preacher is doing whatever it takes to protect his neighbors &mdash; even if it means staying up all night.</p><p>Apostle Marvin East lives in Gary&rsquo;s Marshalltown Terrace. The truck driver-turned-preacher says there aren&rsquo;t enough cops to patrol the neighborhood overnight.</p><p>So he does it himself.</p><p>&ldquo;What community can operate without police presence?&rdquo; Apostle East asks. &ldquo;I would love to be in bed [at night] but once this community goes backward you&rsquo;ll never get it back.&rdquo;</p><p>More than 20 police officers have left the Gary Police department this year, many for better paying jobs elsewhere. A Department spokeswoman says the city is trying to boost pay and hire new recruits to beef up patrols.</p><p>In the meantime, Apostle East says it&rsquo;s up to him to protect those who still call Marshalltown Terrace home, including his own mother.<br />&nbsp;</p></p> Wed, 23 Sep 2015 08:28:00 -0500 http://www.wbez.org/news/fewer-cops-gary-preacher-conducts-own-nighttime-patrols-113035 IPRA fails to pursue potential crime by cops caught on video http://www.wbez.org/news/ipra-fails-pursue-potential-crime-cops-caught-video-113018 <p><p>Video of a police raid on a tanning salon in 2013 shows Chicago Police officers engaging in potentially criminal activity. Some of that activity was reviewed by the Independent Police Review Authority, but other potential crimes by cops were ignored by the agency tasked with rooting out police misconduct in Chicago. It raises serious questions about IPRA and its commitment to police accountability, questions that IPRA has refused to answer.</p><p>The video comes from the surveillance system in the lobby of the Copper Tan Salon in Chicago. The camera is behind the counter near the ceiling so you see the top of the counter and some of the stuff behind the counter as well as the back of the employee working the desk. The lobby looks like any other waiting room, with a loveseat and chair by a glass-top coffee table. Soft rock plays.</p><p><a href="https://youtu.be/fHTTy9D8x2w?t=9m57s" target="_blank">Nine minutes and 57 seconds</a> into the video police enter the tanning salon. The woman working the front desk doesn&rsquo;t seem to realize the plainclothes officer is police and she asks if he called.</p><p>&ldquo;Did I have to?&rdquo; the officer responds. &ldquo;I don&rsquo;t think I had to &lsquo;cause I&rsquo;m the police.&rdquo;</p><p>Police grab the manager, an Asian woman named Jessica Klyzek, and she starts screaming hysterically. In an interview later with the Independent Police Review Authority Klyzek admitted that she also swung at officers and attempted to bite them.</p><p><strong>Officers realize they&rsquo;re on camera</strong></p><p>While officers restrain Klyzek, another cop walks behind the front desk and he notices a computer screen below the counter. He looks at it and realizes there&rsquo;s a video camera.</p><p>He points two fingers at his own eyes and calls out to everyone quote, &ldquo;Hey! Hey! There&rsquo;s eyes!&rdquo;</p><p>Det. Gerald Di Pasquale may not have heard that announcement because a couple minutes later he totally loses his cool with Klyzek, who is still yelling.</p><p><a href="https://youtu.be/fHTTy9D8x2w?t=15m53s" target="_blank">Di Pasquale starts yelling back at her</a>, saying,&ldquo;you&rsquo;re not f***ing American. I&rsquo;ll put you in a UPS box and send you back to wherever the f*** you came from.&rdquo; He then says he&rsquo;s going to shut down the salon, &ldquo;and then whoever owns this place will f****** kill you because they don&rsquo;t care about you, okay? I&rsquo;ll make one call and I&rsquo;ll take this building and you&rsquo;ll be dead and your family will be dead.&rdquo;</p><p>Another officer hits Klyzek in the head while she&rsquo;s handcuffed and kneeling on the ground.</p><p><strong>The recommended discipline</strong></p><p>IPRA is recommending a 25-day suspension for Di Pasquale and an 8-day suspension for the officer who punched Klyzek.</p><p>Asian-American community members are unhappy with that recommendation and are demanding the city fire the officers. The head of IPRA, Scott Ando, has refused to explain the seemingly light discipline for the officers.</p><p dir="ltr">You may be familiar with all that part of the story because we&rsquo;ve been reporting on it for the past few weeks. &nbsp;But there&rsquo;s another whole layer to this video--and potential police misconduct recorded here. &nbsp;</p><p>And that&rsquo;s &nbsp;another thing Ando has refused to explain: Why didn&rsquo;t IPRA investigate the other potentially criminal activity that&rsquo;s recorded on the video?</p><p style="text-align: center;"><iframe allowfullscreen="" frameborder="0" height="315" src="https://www.youtube.com/embed/fHTTy9D8x2w?rel=0" width="420"></iframe></p><p><strong>Is this thing on?</strong></p><p>Throughout the video officers can be seen hunched over the computer monitor looking at the video of the scene. They murmur and you can hear the word &lsquo;recording&rsquo; once in awhile. But eventually the officers stop whispering and they <a href="https://youtu.be/fHTTy9D8x2w?t=32m30s" target="_blank">can be heard arguing over whether they are being recorded or not</a>.</p><p>&ldquo;This right here is recording,&rdquo; says an officer.</p><p>&ldquo;That doesn&rsquo;t mean it&rsquo;s recording. Just the time on there doesn&rsquo;t mean it&rsquo;s recording,&rdquo; responds another.</p><p>The officers then argue about a DVR player and how there&rsquo;s no disc in it so it can&rsquo;t be recording.</p><p>The officers then start brainstorming ways to get the recording, if it actually exists. You can hear them talk about extracting data but needing a search warrant. They seem to agree that the best solution is to seize the computer as evidence and hold it for investigation.</p><p>&ldquo;Well I think you need a search warrant to extract the data out of it,&rdquo; says a female officer.</p><p>&ldquo;You can inventory it,&rdquo; suggests an officer.</p><p>&ldquo;Right, we&rsquo;re not pulling anything off of it. We&rsquo;re just inventorying it and we have it in our possession,&rdquo; offers another.</p><p>&ldquo;It&rsquo;s evidence in a battery.&rdquo;</p><p>An officer suggests, &ldquo;You have to put a hold on it then.&rdquo;</p><p>&ldquo;Right. Hold for investigation.&rdquo;</p><p><a href="https://youtu.be/fHTTy9D8x2w?t=38m34s" target="_blank">At one point an officer says</a>, &ldquo;I&rsquo;d suggest we take the hard drive and inventory it. Just in case... I&rsquo;d rather it be in our hands than in theirs.&rdquo;</p><p>A number of attorneys I talked to said it&rsquo;s hard to see this as anything other than an attempt to obstruct justice.</p><p>IPRA chief Scott Ando won&rsquo;t talk to us about this case, but I asked a spokesman for the agency if they investigated the officers&rsquo; seeming attempt to take the video. Spokesman Larry Merritt says this was mediated discipline, which he says means there was no investigation of any sort. I asked him if IPRA interviewed a single officer about the attempt to get rid of the video. Merritt just repeated that this was mediated discipline and therefore there was no investigation.</p><p>We tried to reach out to the officers through the Fraternal Order of Police, which provides legal representation, but the FOP would not provide any information for the officers or the attorneys who represented them.</p><p><strong>&ldquo;Doesn&rsquo;t take a rocket scientist&rdquo;</strong></p><p>&ldquo;It doesn&rsquo;t take a rocket scientist to figure out what&rsquo;s going on there. There was some behaviour in there that the police did not want anyone to see,&rdquo; said Tom Needham in a recent interview at his office across the street from the federal court building.</p><p>Needham is the attorney who first got this video when he was hired by the woman who owned the tanning salon. But he&rsquo;s also represented cops accused of misconduct and he spent three years in the police department as general counsel and later was chief of staff to then-Superintendent Terry Hillard. He speaks of cops with great respect and empathy.</p><p>Needham says the video was being recorded at a remote location--and that&rsquo;s why the officers couldn&rsquo;t get it. He says it&rsquo;s not like the 80s when things were recorded on VHS tapes.&ldquo;It was a kind of a clumsy, ham-handed, and ultimately failed attempt to hide evidence of what happened in that store,&rdquo; he said.</p><p><strong>&ldquo;Complete failure of leadership&rdquo;</strong></p><p>I asked Needham how the public should feel about the fact that the agency responsible for investigating serious police misconduct in Chicago had this evidence of potential attempted obstruction of justice handed to them on a platter and didn&rsquo;t pursue it.</p><p>&ldquo;In my opinion there&rsquo;s a problem with the leadership at this agency,&rdquo; said Needham. &ldquo;For this kind of evidence to be given to the Independent Police Review Authority and for them to do this, you know, it looks like a half-assed investigation. I&rsquo;m sorry but that&rsquo;s all it is. It&rsquo;s, just, I don&rsquo;t understand it. There&rsquo;s some really basic questions that could be asked from the police officers and it wouldn&rsquo;t take that long and the fact that they didn&rsquo;t do it is mind-boggling to me. It&rsquo;s a complete failure of leadership.&rdquo;</p><p>Needham says when the system fails like it has in this case, the unintended victims are the police officers who risk their lives and do good work. Needham says IPRA chief Scott Ando needs to explain to the public exactly how his office investigated what happened in the salon that day.</p><p><em>Robert Wildeboer is a WBEZ criminal and legal affairs reporter. Follow him at&nbsp;<a href="https://twitter.com/robertwildeboer">@robertwildeboer</a>.</em></p></p> Mon, 21 Sep 2015 17:11:00 -0500 http://www.wbez.org/news/ipra-fails-pursue-potential-crime-cops-caught-video-113018 Board recommends Chicago officer who killed woman be fired http://www.wbez.org/news/board-recommends-chicago-officer-who-killed-woman-be-fired-112954 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/chicagopolice_ap_file.JPG" alt="" /><p><p>A board that reviews allegations of misconduct by Chicago police officers recommended Wednesday that an officer who shot and killed an unarmed black woman in 2012 be fired.</p><p>The Independent Police Review Authority found that Officer Dante Servin violated the department&#39;s &quot;deadly force policy by discharging a firearm into a crowd, striking Rekia Boyd, an innocent bystander,&quot; Chief Administrator Scott M. Ando said in a statement. The board also said Servin made inconsistent statements to detectives, county prosecutors and the authority.</p><p>The recommendation now goes to Superintendent Garry McCarthy, who will review it and decide whether to make the same recommendation to the Chicago Police Board, which makes disciplinary decisions.</p><p>&quot;We take the use of force by our officers, and the recommendations of IPRA, extremely seriously and we will carefully review the matter,&quot; Chicago Police spokesman Anthony Guglielmi said in a statement.</p><p>The 22-year-old Boyd was with friends in March 2012 when Servin, who was off duty at the time, asked them to quiet down. He said he then fired shots over his shoulder from inside a car because he believed another person in the group was moving toward him with a gun. Police later said they only found a cellphone. Boyd was struck in the head.</p><p>The city settled a wrongful-death lawsuit in 2013 with Boyd&#39;s family for $4.5 million, and Cook County prosecutors charged Servin with involuntary manslaughter.</p><p>But during Servin&#39;s trial this April, the judge issued a surprising acquittal, explaining in a seven-page ruling that Servin was improperly charged because manslaughter requires &quot;recklessness&quot; while the Illinois courts have consistently held that the act of pointing a gun and firing is an intentional act, not a reckless one.</p><p>&quot;It is intentional and the crime, if any there be, is first-degree murder,&quot; Judge Dennis Porter ruled.</p><p>The ruling stunned friends and family of Boyd, who angrily shouted at Servin as he left the courthouse. It also sparked protests, with demonstrators demanding that Servin be fired.</p><p>Servin contended that he acted properly, telling reporters after he was acquitted that other officers in his situation would have reacted the same. &quot;I saved my life that night,&quot; he told reporters.</p></p> Wed, 16 Sep 2015 16:15:00 -0500 http://www.wbez.org/news/board-recommends-chicago-officer-who-killed-woman-be-fired-112954 Asian-American community: IPRA not holding cops accountable http://www.wbez.org/news/asian-american-community-ipra-not-holding-cops-accountable-112932 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/Salon IPRA (1)_0.jpg" alt="" /><p><p>Members of Chicago&rsquo;s Asian-American community said their meeting with Scott Ando shows his agency, the Independent Police Review Authority, has a problem holding cops accountable. Ando is the head of IPRA, which investigates police misconduct.</p><p>In a 2013 police raid caught on video, an officer makes racists comments to an Asian- American woman he&rsquo;s arresting, and then he threatens her and her family with death. IPRA has recommended a 25-day suspension for the officer.</p><p>Andy Kang with Asian Americans Advancing Justice said Scott Ando defended that decision in a meeting Monday.</p><p>&ldquo;For those that engage in police brutality, I think the message unfortunately, what it tells us is that those officers will get a slap on the wrist,&rdquo; said Kang.</p><p>For weeks Ando has refused to discuss the case with WBEZ. Instead the agency sent a 12-sentence statement on the case to WBEZ on Monday.</p><p>According to the statement, the officers accepted responsibility for their actions. The statement goes on to say, &ldquo;The average discipline in a sustained case of verbal abuse with bias ranges from a reprimand to a 15-day suspension. If there are aggravating factors present, which we certainly believed to be the case here, discipline would generally range from 16 to 30 days.&rdquo;</p><p>Kang said, &ldquo;It really is just baffling how you could watch the video and think that those officers are fit to carry a badge and a gun.&rdquo;</p><p>Kang said Asian American community members are seeking a meeting with Chicago Police Superintendent Garry McCarthy to demand that he fire the officers involved.<br />&nbsp;</p></p> Tue, 15 Sep 2015 08:52:00 -0500 http://www.wbez.org/news/asian-american-community-ipra-not-holding-cops-accountable-112932 Police agencies get money to test backlog of rape kits http://www.wbez.org/news/police-agencies-get-money-test-backlog-rape-kits-112930 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/0914_rape-kit-624x416.jpg" alt="" /><p><p>The Manhattan District Attorney&rsquo;s office and the U.S. Department of Justice are giving $79 million to 43 police agencies across the country to process rape kits that, in some places, have sat untested for years.</p><p>It&rsquo;s estimated that there&rsquo;s a backlog of 70,000 sexual assault evidence kits in laboratories or police storage, meaning that forensic evidence has not been tested or used to identify perpetrators.</p><p>Here &amp; Now&rsquo;s Peter O&rsquo;Dowd talks with Kermit Channell, executive director of the Arkansas State Crime Laboratory, which just received a grant from the Manhattan District Attorney&rsquo;s Office to process the state&rsquo;s backlog of 1,513 kits.</p><h2><span style="font-size:24px;">Interview Highlights: Kermit Channell</span></h2><p>&nbsp;</p><p><strong>How did the backlog get this bad?</strong></p><p>&ldquo;I think there are various reasons why. You know, when you look at the backlog, in Arkansas for instance, our state crime lab is independent from law enforcement. I can only tell you what we have in the laboratory. Previous to some legislation, there was no way I could tell really what sexual assault cases might be in the hands of law enforcement that have not been submitted. You know, they&rsquo;re two separate issues that, when you talk about backlogs, you talk about backlogs within a crime laboratory, then you talk about backlogs that are specifically in the hands of law enforcement. As far as a crime lab, you know when they do the work, of course they have to be appropriately funded and staffed in order to process these kits. And on the other side, when you talk about sexual assault cases in the hands of law enforcement, they of course have to be trained in the proper handling and investigation of these types of kits and cases to really try to discern what&rsquo;s going to come to the laboratory.&rdquo;</p><p><strong>With the additional funding your agency just received, how many cases of rape do you expect to be solved by going through this backlog of kits?</strong></p><p>&ldquo;It&rsquo;s really hard to say because right now, the way it stands in Arkansas, I&rsquo;ve been able to identify a little over 1,500 sexual assault kits. And that&rsquo;s simply by reaching out to our 10 biggest agencies throughout the state to try to find out what they had. We did pass some legislation that will require law enforcement, as well as hospitals throughout our state, to report back to the crime lab at the end of the calendar year so we can really get a true snapshot of how many cases are out there.&rdquo;</p><p><strong>Do you think the women who have been waiting for justice deserve an apology?</strong></p><p>&ldquo;I think definitely if we find cases out there &ndash; specifically whether it&rsquo;s in Arkansas or any other state, and it&rsquo;s clear that the sexual assault case should have come to the laboratory for testing &ndash; then, yes. Then I do believe, yeah, the victim deserves some form of apology. You know, it&rsquo;s difficult for a crime lab director, because it&rsquo;s not only important that we get those cases, it&rsquo;s important that we process them in a timely manner where we can put them into the database, you know, to search for cases that, you know, might not help that specific case, but it might help to solve a different case. And we&rsquo;ve seen that through some of the results coming out of Detroit and Houston where they&rsquo;re able to, you know, link serial rapists.&rdquo;</p><p>&mdash; <a href="http://hereandnow.wbur.org/2015/09/14/rape-kit-backlog-grants">Here &amp; Now</a></p></p> Mon, 14 Sep 2015 17:25:00 -0500 http://www.wbez.org/news/police-agencies-get-money-test-backlog-rape-kits-112930