NYT: When the police lie (the continued exposure of police misconduct is going to lead to major reforms & the cops only have themselves to blame)

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When the police lie
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Martin Gugino, a 75-year-old protester, lays on the ground after he was shoved by two police officers in Buffalo, New York.Jamie Quinn, via Reuters​
An encounter in Buffalo last Thursday — in which two police officers shoved a 75-year-old man to the ground and left lying him there while blood poured out of his ear — was troubling partly because of the original police account.​
The account claimed that the man “was injured when he tripped and fell.” If a video hadn’t existed, the truth might never have come out.​
That’s a widespread problem:​
Philip Stinson, a criminologist at Bowling Green State University, who has analyzed thousands of police reports, told CNN that lies like these were fairly common.​
Activists in the current protest movement have begun to focus on how they can turn the rallies of the past 10 days into lasting change, to reduce both racism and police brutality. And reducing the frequency of false reports by the police is likely to be a key issue.​
Already, reform-minded prosecutors and police chiefs have taken some steps in the last few years. The top prosecutor in St. Louis, Kim Gardner, has stopped accepting new cases or search warrant requests from officers with a history of misconduct or lies. In Philadelphia and Seattle, prosecutors are creating similar “do not call” lists, The Marshall Project has reported.​
Chris Magnus, the police chief in Tucson, Ariz., told the Marshall Project: “If I had my way, officers who lie wouldn’t just be put on a list, they’d be fired, and also not allowed to work in any other jurisdiction as a police officer ever again.” Often, though, police-union contracts prevent firing even officers with a record of brutality and dishonesty — which then casts a shadow over the many police officers who tell the truth.​
(The Times published an investigation this weekend, explaining how police unions have amassed political power and blocked change.)​
False police reports are not a new problem. What’s new are the videos that have caused people to realize how common they are. “When I was a reporter, it was the police officer’s word against the victim’s or suspect’s,” Jamie Stockwell, a deputy national editor at The Times, told me. “Cellphone video has changed the debate over policing.”​
 

‘Police just went nuts’: Charges dropped after video surfaces of police beating student, other protesters with batons
by William Bender, Updated: June 5, 2020





MATTHEW VANDYKE
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» READ MORE: Philadelphia Police Inspector Joseph Bologna will face assault charges in the beating of a Temple student at a protest
A Temple University student arrested during protests Monday was released from custody Wednesday after video surfaced of one police officer striking him in the head with a baton and another using his knee to pin the student’s face to the street.
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Prosecutors dismissed the charges against Evan Gorski, 21, an engineering student, after viewing the YouTube and Twitter videos, according to his attorney, R. Emmett Madden.
Madden said Thursday that he had been told by court personnel that Gorski was being held on allegations that he assaulted a police officer by pushing him off a bike, causing him to break a hand.

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Eight seconds into the 36-second video, Gorski — with a ponytail and wearing the Eagles jersey — appears to reach in to separate an officer and a protester, and immediately retreats when another officer raises his baton.
That officer then strikes Gorski sharply on or near his head and tackles him, while another officer presses Gorski’s face to the pavement by placing his knee on the back of his head and neck. Madden said Gorski required medical treatment.
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» READ MORE: In Philadelphia on Thursday, protesters demand police reforms as elected officials say they’re listening
Police sources say that the baton-wielding officer is a high-ranking member of the force, Staff Inspector Joseph Bologna. He earns $126,339 a year, according to city payroll records. The sources said Bologna was taken off street duty Thursday evening after this article was published. He handed in his gun pending an investigation. He has not been charged with a crime or departmental violation.

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Bologna could not immediately be reached for comment Friday morning.
» READ MORE: Kenney gave Philly cops raises and shielded them from coronavirus layoffs. Protesters aren’t happy.
Inspector Sekou Kinebrew, a police spokesperson, declined to comment Thursday on the circumstances of Gorski’s arrest, but said the incident is being investigated by the department’s Internal Affairs Division. “The propriety of the tactics employed will be included in that investigation,” Kinebrew said.
“The police were lying,” Madden said. “We had a protest against police brutality, and then police brutalize my client and try to frame him for a crime he didn’t commit.”




Gorski could not be reached Thursday.
A spokesperson for District Attorney Larry Krasner on Thursday evening said: “The video is concerning in more than one way. The District Attorney’s Office and District Attorney Krasner himself carefully reviewed the case presented by the police, other evidence, and then declined it.”

MATTHEW VANDYKE
Police clash with protesters early Monday evening near the Benjamin Franklin Parkway. Here is Temple University student Evan Gorski just before an officer strikes him with a baton.
Matthew VanDyke, a former documentary filmmaker who captured footage of the clash, said protesters on the Benjamin Franklin Parkway had been peaceful, and that police started pushing them onto the Park Towne Place property.
“We didn’t even know where exactly they wanted us to go,” VanDyke said. “They just started beating people. It was a bizarre escalation of force that came out of nowhere. The police just went nuts.”

Brendan Lowry, founder of the @Peopledelphia Instagram account, also captured video. He said the small group of protesters were peaceful and that the beating and Gorski’s arrest “felt unprovoked.”
“Their job is to deescalate violence and protect our right to protest,” Lowry said of police. “In this case, they did the opposite.”

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Video shows officers striking several people with batons. The incident occurred around 5:30 p.m., shortly after protesters on the Vine Street Expressway had been teargassed.
“I’ve been in plenty of conflict zones,” VanDyke said, “but I’ve never seen anything like this in America with my own eyes.”
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Gorski is arrested. He was held for two days before charges were dropped.
City Controller Rebecca Rhynhart announced Thursday that she would hire an expert to review the city’s response to the civil unrest. “Teargassing our people is not something we’re used to seeing here in Philadelphia,” she said.

Rhynhart, who viewed the video of Gorski’s arrest, called it “disturbing.” She said her report would be made public and would examine the city’s operational and resource deployment, as well as police tactics during the protests.

 

Bystander Videos of George Floyd and Others Are Policing the Police
The initial police account of the death of a Minneapolis man did not mention that an officer’s knee pinned him to the ground. “Please, I can’t breathe,” he said.


A memorial in Minneapolis for George Floyd, who died after being taken into custody by the police. A bystander’s video shared widely on Tuesday showed an officer pressing his knee into Mr. Floyd’s neck.Credit...Elizabeth Flores/Star Tribune, via Associated Press
By Audra D. S. Burch and John Eligon
  • Published May 26, 2020Updated May 29, 2020


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[Follow our live coverage of the protests in Minneapolis over George Floyd’s death.]
The Minneapolis police statement was short and sanitized. An allegation of forgery. A suspect who “appeared to be under the influence,” who “physically resisted officers” and who appeared to be “suffering medical distress.”
The video that emerged hours later told a drastically different story. It showed a white police officer pressing his knee into the neck of a black suspect until he appeared limp and unconscious. Throughout the encounter, the man, George Floyd, could be heard saying “I can’t breathe” again and again. He later died at a hospital.
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Minneapolis protests over the death of George Floyd.

The explosive footage of Mr. Floyd, 46, taken by a bystander and shared widely on social media early Tuesday, incited community outrage, an F.B.I. civil rights investigation and the firing of the police officer and three colleagues who were also at the scene. “Every bit of what I saw was wrong,” Jacob Frey, the mayor of Minneapolis, said in an emotional interview with reporters on Facebook Live shortly after announcing that the officers had been fired. “It was malicious. And it was unacceptable. There is no gray there.”
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Video

TRANSCRIPT

0:00/1:20
Video Shows George Floyd Telling Police He Can’t Breathe
A bystander’s video in Minneapolis shows a police officer with his knee on Mr. Floyd’s neck during an arrest. He died a “short time” later, the police said.
Arrested man: [moaning] “What you trying to say?” Police officer: “Relax.” Arrested man: “Man, I can’t breathe — my face —” [inaudible] Police officer: “What do you want?” Arrested man: “I can’t breathe!” Bystander 1: “How long you all got to hold him down?” Unidentified speaker: “Don’t do drugs, kids —” Bystander 2: “This ain’t about drugs, bro.” [inaudible conversation] Bystander 2: “He is human, bro.” Bystander 1: “His nose —” Bystander 2: “ — right now bro, you know it’s broken. You can’t even look at me like a man because you a bum, bro. He’s not even resisting arrest right now, bro.” Bystander 1: “His nose is bleeding.” Bystander 3: He’s passed out!” Bystander 2: “You [expletive] stopping his breathing, right now, bro. You think that’s cool? You think that’s cool? What is that? What do you think that is? You say — you call what he’s doing, OK?” Police officer: “Get back!” Bystander 2: “You’re calling what he’s doing OK. You call what he’s doing OK, bro?” Police officer: “Only firefighters —” Bystander 4: “Yes, I am from Minneapolis.” Bystander 2: “Bro, you, you, you call — you think that’s OK? Check his pulse!” Bystander 4: “The fact that you guys aren’t checking his pulse, and doing compressions if he needs them, you guys are on —” Bystander 1: “Oh my God!” [inaudible] Bystander 4: “OK, yeah, and I have your name tag.” Bystander 5: “Freedom of speech.” [shouting] Bystander 2: “Don’t touch me!”


00:00

1:19



1:19Video Shows George Floyd Telling Police He Can’t Breathe
A bystander’s video in Minneapolis shows a police officer with his knee on Mr. Floyd’s neck during an arrest. He died a “short time” later, the police said.CreditCredit...Storyful
The video clip laid bare, once again, a phenomenon of the cellphone era: official police versions of events that diverge greatly from what later appears on videotape.

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This year alone, video recordings have altered the official narratives of numerous encounters, raising the question of what might have occurred had no cameras been around.
WHAT WE KNOW
Here’s the latest on the death of George Floyd, who died after being handcuffed and pinned to the ground by an officer’s knee.

In Georgia, three white men were charged with murder after chasing Ahmaud Arbery, who had been jogging, through a neighborhood near Brunswick and then shooting him. Charges were not filed for months, and the initial police report repeated the account of one of the men — a retired law enforcement officer — that Mr. Arbery, a black man, was pursued because he was suspected in a rash of break-ins.
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Surveillance videos later showed Mr. Arbery walking into a house that was under construction but not taking anything. And a video of the fatal encounter was so horrifying it drew international outrage and increased pressure on the authorities to press charges against the man who fired the fatal shots; his father, who had participated in the chase; and the neighbor who filmed the video, who had joined the pursuit in his own vehicle.
Latest Updates: George Floyd Protests
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[Read more on the Minneapolis Police and the death of George Floyd.]
In an example of a video raising questions about the police narrative, a police officer in suburban Sacramento was caught on a videotape last month punching a 14-year-old boy several times while arresting him. The police news release of the encounter acknowledges the existence of a video but does not specifically mention the punches. It describes the boy as “physically resistive” and says the officer “attempted to maintain control of the juvenile without his handcuffs and while alone.”
Videos of police interactions with civilians, whether captured by the people involved or bystanders, now act as a central witness, often challenging official accounts.
“There’s been enough incidences and evidence that show that too often police don’t tell the truth about what really happened,” said Nekima Levy Armstrong, a civil rights lawyer in Minneapolis. “And the public has a right to know the truth. It undermines public trust when we find out that law enforcement officials have covered up the truth.”
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George Floyd. The footage of Mr. Floyd incited community outrage, an F.B.I. civil rights investigation and the firing of a police officer and three colleagues.Credit...Offices of Ben Crump Law
Minneapolis police said they were investigating an accusation of forgery on Monday night in the southern part of the city. They confronted a man who was sitting on the top of a blue car. The police said the suspect had “physically resisted officers” as he was placed in handcuffs. He appeared to be “suffering medical distress,” according to the police statement released on Monday night after an ambulance was called to the scene.
But hours later, a 10-minute video taken by a bystander was posted to Facebook, showing a different story than the first police statement or the subsequent update. Neither mentioned what was apparent in the video: a white police officer kneeling on the black man’s neck for several minutes as bystanders and the man himself pleaded for the officer to stop.
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[Read the criminal complaint against Derek Chauvin.]
Even after the man, later identified as Mr. Floyd, appeared unconscious, the officer did not release the pressure until paramedics arrived. By then he was motionless.
“Please, please, please I can’t breathe. Please, man,” Mr. Floyd, who worked as a security guard at a local restaurant, said at one point.
Mayor Frey said he was unsure how the inaccurate initial police statement came to be.
“I think it’s important that we are absolutely as transparent as possible,” he said in a Facebook Live interview with North News, a community newspaper in North Minneapolis. “It’s the kind of thing where you don’t hide from the truth. You lean into it because our city is going to be better off for it.”
MINNEAPOLIS PROTEST
The police fired rubber bullets and tear gas at crowds, and fires erupted in some buildings, as protests continued overnight Wednesday.

Police training typically dictates that officers should keep suspects on their stomachs while handcuffed as briefly as possible because that position can cause them to asphyxiate, said Seth W. Stoughton, a law professor at the University of South Carolina and former police officer.
“I just cannot fathom an officer in 2020 honestly saying, ‘Yes, I thought it was OK to keep him in that position for almost four minutes after he passed out,’” said Mr. Stoughton, an expert on the use of force. “That’s just mind-boggling to me.”
The encounter drew comparisons to the case of Eric Garner, a black man who died in New York police custody in 2014, after a white officer held him in a chokehold. Mr. Garner’s repeated plea of “I can’t breathe” — also recorded by a cellphone — became a rallying cry at demonstrations against police misconduct around the nation.
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The F.B.I. is conducting a federal civil rights investigation into Mr. Floyd’s death, the Minnesota Bureau of Criminal Apprehension said in a statement. The state bureau also said that it was conducting its own investigation at the request of the Police Department, and that it would release its findings to the Hennepin County district attorney’s office.
“Being black in America should not be a death sentence,” Mr. Frey said in a statement. In his interview, he said the killing of Mr. Floyd and other black men “prematurely” was an unacceptable pattern.
“This is not just this one instance that we should be angry about,” he said. “These are repeated instances where black men have had their lives taken from them prematurely, yes in Minnesota and all around the country.”


Image
Demonstrators in Brunswick, Ga., gathered to protest the killing of Ahmaud Arbery. A video of the fatal encounter drew international outrage and increased pressure on the authorities to press charges.Credit...Dustin Chambers/Reuters
Another episode over Memorial Day weekend led to similar discussions about how the police respond after black people are accused of crimes. A verbal dispute in New York’s Central Park was far less serious on its face than the raw videotaped encounters that took place elsewhere, but a video of the altercation that went viral showed how even panicked calls to 911 are not always what they seem.
Christian Cooper, a black man who was bird-watching, asked a white woman, who was identified later as Amy Cooper, to leash her dog as required by park rules. That resulted in the woman calling 911 to report a nonexistent crime. She is captured on Mr. Cooper’s cellphone video saying, “I’m going to tell them there’s an African-American man threatening my life.”
Eliza Orlins, a public defender who is running for Manhattan district attorney, said 911 calls had led to some of her clients being held in jail, where being locked up for even a day can produce devastating results. People can lose jobs, homes or custody of their children while they sit in jail on unproven charges, she said.
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“This isn’t this one woman or this unique thing — this is a systemwide problem,” she said. “I think it’s chilling when you listen to just the audio of her 911 call, and you think about how credibly someone like her would present in court. There are so many consequences.”
Police officers arrived a short time after the 911 call but did not issue any summonses or make arrests. Online outrage focused on what could have happened and who would have been believed without the video. Ms. Cooper, who publicly apologized on Tuesday, was later terminated from her job at Franklin Templeton, an investment firm.
“Videos paint a story inside of a culture where a lot of the public has been trained and encouraged to not believe black people,” said Rashad Robinson, president of Color of Change, the nation’s largest online racial justice organization.
 
Minneapolis police cite 'fluid' situation for troubling misinformation released after George Floyd death




GALLERY

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AARON LAVINSKY – STAR TRIBUNE

Gallery: A memorial shown Tuesday outside the Cup Foods store at 38th Street and S. Chicago Avenue where George Floyd was killed while in police custody.

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On the morning of May 26, Minneapolis police spokesman John Elder sent a brief statement to reporters under the subject line: “Man Dies After Medical Incident During Police Interaction.”
According to Elder, a suspected money forger had “physically resisted” arrest. And after police managed to get him into handcuffs, the officers “noted he appeared to be suffering medical distress.”
The man was George Floyd. And a source of the medical distress was the knee of a Minneapolis police officer, pinning Floyd to the ground by the neck almost eight minutes as Floyd pleaded that he couldn’t breathe — all details that emerged hours later when bystander video surfaced online and went viral.


The statement came hours before the first video of the encounter went viral — the moment they lost control of the narrative, and the public took over. Some city politicians, including Council Member Jeremy Schroeder, say they are still searching for answers as to the source of the false information.
“It is deeply concerning that the information initially circulated by the Minneapolis Police Department early Tuesday morning did not fully reflect the horrifying circumstances surrounding George Floyd’s death,” said Schroeder. “The original news release did not in my view accurately convey the facts or the role of the officers in this tragedy.”
Minneapolis Police Chief Medaria Arradondo said this week that he did not know the original source of the information contained in the news release.

BRIAN PETERSON - STAR TRIBUNE
Thousands of people, including hundreds of clergy, continued to pack the street outside Cup Foods in south Minneapolis in order to pay their respects to George Floyd, who died in police custody.
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“I’m committed as we move forward that we will do better to make sure we are getting as much factual information out in a timely matter as we can.”
Elder said in an interview late Tuesday night that when he goes to a scene, information is fluid and the officers involved can’t be interviewed by a public information officer.
“We try very hard to get information out as quickly as possible that is wholly honest and correct,” he said. “There is no way I’m going to lie about a situation that is on body camera and is going to prove this department to be disingenuous.”
The most credible accounts of what happened that night came from bystander video and private surveillance footage, later supplemented by a criminal complaint. Minneapolis officers arrived at the intersection of 38th Street and S. Chicago Avenue. They removed Floyd from a vehicle, handcuffed him and walked him across the street. While they attempted to get him into a squad car he went to the ground. A bystander video then shows officer Derek Chauvin pinning down Floyd by his neck while two other officers, J Alexander Keung and Thomas Lane, hold him down at his legs and back. Officer Tou Thao stands by.
“Please, I can’t breathe,” Floyd pleads repeatedly.

“He is human, bro,” bystanders shout at the officers. “He’s not even resisting arrest right now, bro. You’re [expletive] stopping his breathing right now, bro. You think that’s cool?”
“Look at him,” another cries as Floyd becomes unresponsive.
After seeing the video, city leaders quickly condemned the police actions and Arradondo fired the officers. Protests have erupted across the Twin Cities, culminating Thursday night with crowds breaking into the Third Precinct police headquarters and lighting it on fire. Chauvin has been arrested and charged with third-degree murder and manslaughter.
Mary Moriarty, chief public defender in Hennepin County, said her office frequently deals with cases where Minneapolis police officers provide official accounts of arrests later proven to be false by video evidence.
“Am I at all surprised that the police lied in their report? No,” she said.

Moriarty also said she wasn’t surprised to see Chauvin pinning down Floyd in what city officials have criticized as an unsanctioned form of restraint.
“We look at bodycam, we look at dashcam, and we frequently see officers put their knees in a client’s back or neck,” she said. “And it is troubling. It’s extremely troubling.”
 

Videos often contradict what police say in reports. Here's why some officers continue to lie
By Harmeet Kaur, CNN

Updated 8:55 AM ET, Sat June 6, 2020















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Daytime host pleads with National Guard to join protest

Peaceful protests across much of US despite breaking curfew

George Floyd's case reignites anger over 2016 death in Paris

The outsiders at the protests

Peaceful protesters forcibly moved for Trump photo op

Why police chief felt he needed to join protesters
Growing number of videos emerge showing police incidents
Protesters boo Minneapolis mayor for refusing to defund police
Black Lives Matter supporters gather across globe
See the giant BLM message painted on road to White House
Protests spread to small town communities across US

Former rookie police officers seek to blame Chauvin in Floyd death

Video captures Buffalo police push elderly man to the ground

Student gets emotional describing violent arrest

Bar owner who shot a black protester will not be charged

16-year-old peacefully ends protest, gets call from mayor

Daytime host pleads with National Guard to join protest

Peaceful protests across much of US despite breaking curfew

George Floyd's case reignites anger over 2016 death in Paris

The outsiders at the protests

Peaceful protesters forcibly moved for Trump photo op

Why police chief felt he needed to join protesters
Growing number of videos emerge showing police incidents
Protesters boo Minneapolis mayor for refusing to defund police
Black Lives Matter supporters gather across globe
See the giant BLM message painted on road to White House
Protests spread to small town communities across US

Former rookie police officers seek to blame Chauvin in Floyd death

Video captures Buffalo police push elderly man to the ground

Student gets emotional describing violent arrest



(CNN)A video showed officers in Buffalo, New York, pushing a 75-year-old man. Police initially said he had tripped and fell.

Buffalo officers quit special team after 2 officers suspended for allegedly shoving 75-year-old to ground

News cameras showed officers in Atlanta breaking the windows of a vehicle, pulling a woman out of the car and tasing a man. In his report, an officer wrote he wasn't sure the pair was armed. They were college students returning from a late-night food run.
And surveillance footage from a Minneapolis restaurant near where George Floyd was killed appeared to contradict police claims that he resisted arrest.


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Police officers are authority figures, and their words have historically held more weight than the average citizen. But videos from several recent incidents, and countless others from over the years, have shown what many black Americans have long maintained: that police officers lie.
Here's why experts say some police officers falsify reports and statements, and why the problem persists.
What prompts it
It's fairly common for officers to lie in police reports, said Philip Stinson, a criminologist and professor of criminal justice at Bowling Green State University.
Stinson has tracked arrest cases of nonfederal sworn law enforcement officers who have been charged with at least one crime from 2005 to 2014. His research shows that out of more than 10,000 officer arrest cases, about 6.3% involved false reports or statements. About a quarter of those cases involving false reports or statements also involved alleged acts of police violence -- and he said the problem is probably more common than the data suggests.
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Video captures Buffalo police push elderly man to the ground 01:49
So why do officers lie in police statements?

Self-preservation: One of the reasons is simple: to avoid the consequences.
That's according to David Thomas, a professor of forensic studies and criminal justice at Florida Gulf Coast University and a retired police officer.
When officers misrepresent incidents in police reports, it is often to justify the use of excessive force or an unlawful arrest, he said. The officer knows that they have made a mistake and are trying to avoid losing their job, criminal charges or other disciplinary actions.
"Your motivation to lie, really, is to keep your job and hope that nobody finds out," Thomas said.
To justify an action: Another reason is what's known as "noble cause corruption," said Philip Stinson, a criminologist and professor of criminal justice at Bowling Green State University.
Officers might lie in police reports to justify an action they took, whether the use of force or a questionable arrest. Police are often operating under the mindset that they are keeping communities safe or getting criminals off the streets. So when they lie, the idea is that the ends justify the means -- that their actions were ultimately for a good cause.

How we can start systemically reforming the police

"It's an ingrained part of the police subculture in many communities across the country," Stinson said.
Even if there is video of the incident showing otherwise, many officers believe that their word will mean more than the tape, Thomas said.
A common argument that officers make when a video shows them acting in questionable ways is that the public often doesn't see what happened at the beginning, he said. So some officers will tell a story that justifies what viewers saw in the recording.
What perpetuates it
Time and time again, videos have surfaced that have contradicted what police said in their initial statements.
In the case of 15-year-old Jordan Edwards, who was shot by officer Roy Oliver as he was leaving a party, the Balch Springs police initially said that the car Edwards was in was moving aggressively toward officers before Oliver fired into it.
The body camera told a different story, showing that the car was moving in the opposite direction.
They are often not held accountable: Roy Oliver was ultimately convicted of murder and sentenced to 15 years in prison -- but such convictions are rare.







Atlanta police officer body slamming woman caught on camera 03:13
That's one of the reasons that some police officers lie in reports, despite the possibility of video counteracting their claims, says Rachel Moran, an assistant professor at the University of St. Thomas School of Law.
Sometimes, the video is never made public. And even when it is, officers are often not held accountable.
"There's so many lies being caught on video or this behavior that the police then tell a totally different story about," Moran said. "There's a lot of police officers lying who we're just not going to find out about. And then the ones who are, it doesn't mean just because there's brief political outrage that they're going to get held accountable."
The investigative process tends to favor officers: Moran, whose research focuses on police accountability, said that the complaint process for someone who feels they have been mistreated by an officer can be highly bureaucratic. It also tends to favor the officer, she said.

Three videos piece together the final moments of George Floyd's life

Most police departments around the country handle officer misconduct complaints through an internal affairs unit within the department. That means police are generally investigating their own colleagues, and deciding what punishment, if any, to impose.
"There's a strong culture of protecting each other," Moran said. "Sometimes there's also strong bias often against people making the complaints. Class and race bias come heavily into play there. So here's often a presumption, whether intentional or not, that the people making the complaints are probably at fault."
Discipline is often minimal: Even when discipline is imposed, Moran says, it often isn't meaningful.
Derek Chauvin, the Minneapolis police officer who pressed his knee into George Floyd's neck, was the subject of at least 18 prior complaints, according to a department internal affairs public summary. Only two were "closed with discipline."
But it's not just an accountability issue, says Stephen Rushin, an associate professor of law at Loyola University Chicago.

A police officer wearing a body cam is seen during a demonstration in Atlanta on May 31.
Officers are often protected from repercussions: In some jurisdictions, there are systems in place that protect officers from repercussions, Rushin said.
In an article for The George Washington Law Review, Rushin and Atticus DeProspo analyzed 657 police union contracts and 20 law enforcement officer bills of rights, which govern internal disciplinary procedures for many police officers in the US.
They found that "while many of these jurisdictions have reasonable regulations in place to prevent coercive or abusive tactics, a significant number of departments provide officers with interrogation protections that may frustrate accountability efforts."
As rage over killings of black Americans sweeps nation, DOJ has all but abandoned broad police investigations
About 20% of the agencies they analyzed stipulated a waiting period for officers before they are interrogated about suspected misconduct. And about 28% of agencies required internal investigators to turn over potentially incriminating evidence to officers before they may be questioned.
"In agencies that provide rigid waiting periods and agencies that provide officers access to video evidence and other incriminating evidence against them in internal investigations, officers know they're going to have a period of time to get their story straight, to come up with a story that's consistent with the evidence against them to avoid accountability," Rushin said.
What might prevent it
Preventing officers from lying in police reports and statements is an extremely complex issue.
Video evidence: The use of surveillance cameras, smartphones and body cameras to generate evidence in incidents of potential police misconduct has become much more widespread in recent years. And in many incidents, it was the video footage that led to criminal charges -- and sometimes convictions.

Ex-police chief: What's the plan now, America?

But rules often vary on whether officers are required to turn on body cameras, whether the videos must be reviewed before writing incident reports and whether are released publicly. And studies on their effectiveness have yielded mixed results.
Changing the culture: Another piece of it is changing systemic police culture, said Thomas. Police chiefs need to set standards and better train officers around use of force, deescalation and report falsification, and hold officers accountable when they violate those standards.
"Systematically, the culture has to change or we will continue to have these problems," he said.
Ending in-house investigations: One particular reform that's often proposed around police accountability is removing internal affairs units from review processes, and empowering civilian review agencies, which are generally composed by members of the public, Moran said. But even when cities have civilian review boards, they tend to be weak, she said.
Thomas also pointed to the power of police unions, who play a significant role in protecting officers from accountability and often block efforts by departments to reform agencies.
There are no easy answers, the experts said.
But, they say, with so many instances of video evidence discrediting the initial police account, demanding them is long overdue.
 
Other Protests Flare and Fade. Why This Movement Already Seems Different.
The massive gatherings for racial justice across the country and now the world have achieved a scale and level of momentum not seen in decades.




People gather Tuesday at the memorial where George Floyd died in the custody of the Minneapolis police.Credit...Alyssa Schukar for The New York Times
By Jack Healy and Kim Barker
  • Published June 7, 2020Updated June 8, 2020, 12:11 p.m. ET


    • 109
DENVER — Ever since people across the country began pouring into the streets to protest police violence, Dakota Patton has driven two hours each day to rally on the steps of the Colorado State Capitol. He has given up his gig jobs delivering food and painting houses. He is exhausted. But he has no plans to leave.
“This is bigger,” Mr. Patton, 24, said. “I’m not worried about anything else I could be doing. I want to and need to be here. As long as I need.”
As Monday marks two full weeks since the first protest sparked by the killing of George Floyd, the massive gatherings for racial justice across the country and now the world have achieved a scale and level of momentum not seen in decades. And they appear unlikely to run out anytime soon.
CHAUVIN COURT APPEARANCE
The police officer charged with murder in the killing of George Floyd is expected to make a first appearance in court Monday.

Streets and public plazas are filled with people who have scrapped weekend plans, canceled meetings, taken time off from work and hastily called babysitters. Many say the economic devastation of the coronavirus had already cleared their schedules. With jobs lost and colleges shuttered, they have nothing but time.
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“This feels like home to me,” said Rebecca Agwu, 19, who lost her campus job in the pandemic. She spent five days at the Denver protests, and spent a recent afternoon chatting in the shade of the boarded-up Capitol building with three other women who had been laid off from their mall jobs.

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On Sunday, as protesters continued gathering around the country, their growing influence was apparent as local leaders vowed to curb the power of the police.
Mayor Bill de Blasio pledged to cut the budget for the New York Police Department and spend more on social services in the city. In Minneapolis, nine City Council members — a veto-proof majority — publicly promised to create a new system of public safety in a city where law enforcement has long been accused of racism.
Mr. de Blasio also canceled the nightly curfew that he imposed last week. And President Trump said on Sunday that he had ordered National Guard troops to begin withdrawing from Washington.
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Raids and arrests broke up protest encampments over an oil pipeline in North Dakota near the Standing Rock reservation and at the heart of Occupy Wall Street in years past. But protesters now say that aggressive responses by the police are only reinforcing their commitment to return to the streets. After police last week used flash grenades and a chemical spray to clear peaceful protesters from Lafayette Square in front of the White House, even more people began showing up.
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One recent afternoon in Washington, D.C., one person among hundreds of demonstrators shouted that they would all be coming back the following day. Another person added, “and the next day.” The phrase caught fire, and the crowd started chanting, “And the next day! And the next day!”
“If I’m the next hashtag, hopefully people will be out here for me too,” said Andrew Jackson, a 25-year-old government contractor who has joined protesters in Washington.
Mr. Jackson said his own experiences of police abuse had compelled him to cut back on his work hours and join the rallies: An officer once pointed a gun at his head, and the son of a neighbor had been shot and killed by the police, he said.
“I’ll come out day after day after day,” Mr. Jackson said.
Because the protests are not only about the death of Mr. Floyd but a broader system of racial inequality, officials cannot simply defuse concerns by pressing charges against police officers, as they did in Baltimore after the death of Freddie Gray.



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A man and child stood as the crowd of protestors observed a moment of silence Wednesday at a large demonstration in front of the Hall of Justice in Los Angeles.Credit...Bryan Denton for The New York Times
In Minneapolis, activists said they did not believe the movement would lose oxygen simply because the officer who knelt on Mr. Floyd’s neck for eight minutes and 46 seconds and three others who were at the scene had now been charged.
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“I’ve been attending protests as far back as I can remember,” said Raeisha Williams, who brought her toddler son along to a protest she helped organize last week in downtown Minneapolis. “And I plan to keep attending them until the system actually changes.”
People around the world — in Australia, Britain, France, Germany and beyond — have defied cold weather and public health rules against mass gatherings to show solidarity with American protesters, who have now taken to the streets in more than 150 cities.
Activists and scholars who have studied the crest and fall of other upwellings over police killings, school shootings, women’s rights and immigration detentions say that the widespread outrage over economic and racial injustices may give the new movement a greater durability.
“There was a wash, rinse, repeat cycle, a standard script,” said Jody David Armour, a law professor at the University of Southern California who studies racial justice. “Convene a commission, hold some hearings, have community members vent and testify, and here come some policymakers saying, ‘Here’s a fix.’ ”
The result, he said: “Look where we are.”
Nekima Levy Armstrong, another organizer in Minneapolis, changed her life to be able to march on the streets. Ms. Armstrong, a civil rights lawyer and former president of the Minneapolis chapter of the N.A.A.C.P., was an associate professor of law at the University of St. Thomas in Minneapolis. But she quit in 2016 to be able to fully devote herself to the civil-rights movement and protesting. She even ran unsuccessfully for mayor.
“My entire life has changed since taking to the streets,” she said.
On Wednesday, shortly after charges against the four officers in the Floyd case were announced, she rallied more than 500 people, carrying placards with slogans like “Black Lives Matter More Than Windows” and “4 Killer Cops 4 Convictions.” She said the officers could be tried by an all-white jury; they could be acquitted.
“We have to continue to be vigilant. We can’t rest,” she told the crowd, her voice rising. She added: “We got to keep marching. Keep demonstrating. Keep speaking the truth. Keep protesting.”
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Nekima Levy Armstrong, center, a civil rights attorney and former president of the Minneapolis chapter of the N.A.A.C.P., raises her fist during a rally at the State Capitol in St. Paul, Minn.Credit...Bebeto Matthews/Associated Press
The crowd, in front of the TV station where the wife of the head of the police union works as an anchor, erupted in cheers and applause.
Community organizers say that some of the energy now coursing through the street will eventually ebb.
But they say the Floyd protests appear to be creating a new generation of activism out of deep, widespread anger. There is outrage: At police killings of black men and women. At economic inequality when 13 percent of Americans are out of work. At failed political leadership during a pandemic that has killed more than 100,000 Americans.
“You’re watching injustice take place in every sector of our society,” said Wes Moore, who chronicles Freddie Gray’s death and its aftermath in the book, “Five Days.” “Schools have been closed. Students are burdened and under debt. There’s a compounding to the pain.”
In South Florida, activists said they were trying to sustain the energy of this moment by signing up volunteers, holding trainings and making sure people had a ride or gas money to get to the multiple daily protests that are happening.
“In the past we have seen where momentum would have gone away, but now we are seeing people want to know how to plan protests,” said Tifanny Burks, a member of the Black Lives Matter Alliance in Broward County, Fla. “I see a shift.”
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Asa Rogers-Shaw, 30, a Black Lives Matter activist in Fort Lauderdale, said he does not protest every day. He is focusing his efforts now on crafting strategies to ensure that the protesters have tools to sustain the protest. Organizers in Broward County held a virtual training Wednesday night to teach protesters to continue their activism through “direct actions.” More than 200 people signed up.
“If you cover the arc of these moments, you know the energy is going to dissipate eventually,” Mr. Rogers-Shaw said. “ It’s how much of that residue can we hold on to.”
Activists across the country say that while the news media may pay attention when buildings burn or another black person is killed, their protests and calls for reforms have never ceased.
In Ferguson, Mo., where Michael Brown, a black 18-year-old, was shot dead by a white police officer in 2014, residents and Black Lives Matter activists have spent nearly six years working to change the city’s courts, police policies and political leadership. Last week, Ferguson elected its first African-American mayor, Ella Jones.



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Mayor-elect Ella Jones of Ferguson, Mo., speaks during an interview in front of a business boarded up to protect against vandalism Wednesday. She will be the first African-American and first woman to become mayor of the city.Credit...Jeff Roberson/Associated Press
In Baltimore, the family of Tyrone West, who died after a struggle with the police in 2013, has gathered in the street every Wednesday to call for justice in his death and commemorate victims of police brutality.
In Los Angeles, Black Lives Matter activists have demonstrated downtown against police abuses every Wednesday for more than two years, often drawing just a couple of dozen people. But last week, thousands came, underscoring how the outrage at Mr. Floyd’s killing has catalyzed the work that local activists have been carrying out for years.
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Valerie Rivera, whose son Eric was killed by police in 2017, said she was glad the others were joining her.
“We have been waiting for these days to come, for these people to stream into these streets,” she said.
Reporting was contributed by Dionne Searcey from Minneapolis; Frances Robles from Key West, Fla.; Lara Jakes, Helene Cooper, Sabrina Tavernise and Zolan Kanno-Youngs from Washington; and Tim Arango from Los Angeles.

Jack Healy is a Colorado-based national correspondent who focuses on rural places and life outside America's “City Limits” signs. He has worked in Iraq and Afghanistan and is a graduate of the University of Missouri’s journalism school. @jackhealynytFacebook
Kim Barker is an enterprise reporter, focusing on long-term projects and narrative writing. Before joining The Times in 2014, she was a reporter at ProPublica and the South Asia bureau chief for the Chicago Tribune. @Kim_Barker

 

One Way To Deal With Cops Who Lie? Blacklist Them, Some DAs Say
Newly elected prosecutors won’t take cases from unreliable officers—but are these no-call lists fair?
By JUSTIN GEORGE and ELI HAGER


In the racially divided city of St. Louis the chief prosecutor has embraced a controversial tool to hold police accountable: blacklisting cops who she says are too untrustworthy to testify in court.
So far, Kim Gardner has dropped more than 100 cases that relied on statements from the 29 officers who got on the list for alleged lying, abuse or corruption. And she won’t accept new cases or search-warrant requests from them, either.
From Philadelphia to Houston to Seattle, district attorneys recently elected on platforms of criminal justice reform are building similar databases of their own. Often known as “do not call” lists, they are also called “exclusion lists” or “Brady lists” after a famous Supreme Court decision requiring prosecutors to disclose to defense lawyers information about unreliable police officers or other holes in their cases.
The goal is to help prosecutors avoid bringing cases built on evidence from officers who are likely to be challenged in court, these new DAs say. Having a centralized list at a district attorney’s office, they say, allows for the gathering of institutional knowledge, so that if one prosecutor on staff knows about a bad cop, all the prosecutors do.
But the strategy has infuriated police unions and some law-enforcement officials, who say they should get a say in who’s named on the lists—or else crime victims will pay the price.
“Kim Gardner is saying that when you dial 911, you’re playing 911 roulette: You may get an officer who’s on her list and who can’t give you justice,” said Jeff Roorda, spokesman and business manager for the St. Louis Police Officers’ Association.
Prosecutors who’ve adopted exclusion lists counter that victims rely on officers to be able to testify about the evidence they’ve collected and the witnesses they’ve interviewed without being challenged on integrity grounds.
Supporters of the lists say that officers are typically included based on documented instances of lying on the stand or in their police reports, not rumors. And under police-friendly state laws and employment contracts negotiated by powerful unions, cops have a variety of legal opportunities to clear their names.
“As elected prosecutors, we have the discretion to choose whether to entertain certain cases from certain individuals,” Gardner said in an interview. “Our obligation is to evaluate the credibility of any witness, regardless of whether they're police.”
“We have people whose liberty is at stake,” she said.
Exclusion lists are not entirely a new phenomenon. But in the past, they worked more like a grapevine, with anecdotes about cops shared among line prosecutors case-by-case. DA’s offices would discreetly inform police departments about officers with credibility issues, and those individuals would just as discreetly be reassigned to desk jobs.
In a city like Baltimore, which struggles to maintain police credibility in the black community, exclusion lists date back a decade. In 2008, the elected prosecutor, Patricia Jessamy, listed 15 current or former officers her office deemed not reliable enough to call as witnesses in court cases.
Police union leaders called the move unfair to officers, saying they are often subject to false complaints. Judging should be left to courts or administrative tribunals, they said. Prosecutors responded that those processes of determining guilt often took years.
Baltimore’s exclusion list forced the police to assign officers to desk duties, where they couldn’t make arrests or have other contact with the public. Due to the bad blood the policy created between cops and prosecutors, it was abolished in 2010 by Jessamy’s elected successor.


But the spectre of the list hangs over frigid police-prosecutor relations to this day. DAs still factor in the credibility of officers when mulling over cases, and the current prosecutor, Marilyn Mosby, is actively considering reconstituting a list, said her chief deputy, Michael Schatzow.
The Baltimore police union did not respond to requests for comment.
The city has dealt with a spate of high-profile allegations of police abuse and corruption, from the in-custody death of Freddie Gray in 2015 to a group of police officers who were convicted in the last year of robbing people.
Especially in the black community, the lists can help reassure frustrated citizens who believe that too many police officers have gotten away with misconduct, proponents say. While landing on a list may not get an officer fired, it is a roadblock to advancement.
“There has to be some level of balance where you’re not ostracizing police officers who are working hard at making their cities and communities safer, and also some way for a city to not go through what Baltimore has had to deal with,” said Baltimore City Councilman Brandon Scott.
There are challenges to implementing do-not-call databases successfully. Officers who have committed wrongdoing in other states or counties may be difficult to identify, for example.
And in many parts of the country, prosecutors are not given full access to police departments’ files. In a handful of states, they are banned from seeing certain disciplinary records altogether, effectively preventing many DAs from maintaining a comprehensive list of bad cops.
Prosecutors and some police officials note that DAs may not be aware of low-level efforts to mislead on the part of rogue officers; due to the sheer volume of cases that district attorneys’ offices handle, individual prosecutors say they can’t go back and reinvestigate everything the police are telling them. That means that the most everyday forms of dishonesty by officers (and crime lab employees) might never land them on an exclusion list.
Ronal Serpas, executive director of Law Enforcement Leaders to Reduce Crime & Incarceration, an advocacy group of more than 200 police chiefs and prosecutors, said a better solution than blacklists would be for district attorneys to urge police leaders to implement “one and done” policies. Such rules would require immediate firing for any work-related lie.
Serpas said he followed that policy when he ran both the Nashville and New Orleans police departments.
“You don’t need to have a ‘Brady no call’ list if the police department is terminating people,” he said.
Chris Magnus, the police chief in Tucson, Arizona, says that’s easier said than done.
“If I had my way, officers who lie wouldn’t just be put on a list, they’d be fired, and also not allowed to work in any other jurisdiction as a police officer ever again,” said Magnus, who says he hands over a list of problem officers to prosecutors. “But unfortunately, we have to allow them back into the workplace” due to union contracts.
“It frustrates the hell out of me,” he said, “that we have employees receiving full pay but who can’t really function as full police officers.”
 
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