Pubdate: Sun, 26 Dec 1999
Source: Denver Post (CO)
Copyright: 1999 The Denver Post
Contact:  1560 Broadway, Denver, CO 80202
Fax: (303) 820.1502
Website: http://www.denverpost.com/
Forum: http://www.denverpost.com/voice/voice.htm

RESTORE TRUST IN POLICE

When a special prosecutor cleared Denver police last week in the televised
beating of two drug suspects, some observers said neither police nor
prosecutors should investigate police violence allegations.

That's a criticism heard often since the police shooting of Jeffrey Truax.

This time, officers chased two suspects and beat them Aug. 23 as KMGH-TV,
Channel 7, filmed about 30 seconds of the events.

Police first are investigated by internal affairs, then by the district
attorney. This time, the case went to the Arapahoe County DA because of a
conflict of interest in the Denver office.

But despite use of a special prosecutor, public confidence in police
remains shaky since Truax's death.

On March 20, 1996, as Truax tried to drive away from a nightclub, two
officers moonlighting as security staff fired 25 bullets into his car.

Although DA Bill Ritter wouldn't file charges, a federal jury later awarded
the victim's family $500,000, saying police used excessive force. The judge
also said he worried about a "faulty or covered-up investigation.''

Now prosecutors say the seven officers used appropriate force, though the
video shows one rubbing a suspect's face in the asphalt and another hitting
a suspect with a pistol.

We won't second-guess the investigation, but we do know police and
prosecutors need renewed credibility - and citizens need renewed trust.
That won't happen under the current system.

Police and prosecutors work hand in hand, and having one investigate the
other isn't effective or credible. Prosecutors are supposed to review
whether charges should be filed, not whether departmental policies were
violated.

The attorney general, state police or a grand jury are better equipped to
investigate accusations of police violence or misconduct.

Many cities use independent review boards. Some work; some don't. The one
in Minneapolis does. The executive director is an attorney who works with
three trained investigators, like former police or private investigators.
They must know and understand police policy and procedure. Any accused
officer appears with a lawyer before three members of an unpaid,
seven-member board for a closed hearing.

Executive Director Pat Hughes says more and more cases are being mediated.
Audits show that police and complainants are highly satisfied with the
board, and complaints of police violence are at an all-time low.

Many cities take a proactive approach to prevent accusations from even
arising.

In Portland, Ore., Los Angeles and San Jose, Calif., auditors investigate
internal affairs and the quality of their investigations and public reports.

In Los Angeles, one substation had excessive shootings. The auditor found
it wasn't bad cops; it was bad management. The station had the youngest
officers with not enough sergeants.

The auditors identify problems, make recommendations and check later to see
if changes have been implemented. If not, "they slam 'em in public,'' says
Sam Walker, a criminal justice professor at the University of Nebraska at
Omaha now finishing a book on police accountability.

"I've become enthusiastic about the auditor approach because it puts in the
long-term preventive measure of ensuring the quality of investigations,''
Walker says.

Denver police have more than enough experience with complaints. We urge
them to adopt a proactive aproach with an auditor, as well as another venue
for investigation, whether a system like Minnesota's or using the state
attorney general or State Patrol. Then officers again can hold their heads
high and citizens can breathe easier. It's past time. 
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MAP posted-by: Richard Lake