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Boston Globe - United States
20 August 2008

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Panel faults police misconduct

The Boston Police Department's handling of police misconduct allegations shows signs of slipshod investigations and unfair treatment of complaining witnesses, according to a report to be released today by an independent panel.

Of 19 individual cases of alleged officer misconduct that the department's civilian review board scoured, it recommended that five, or about 26 percent, should be reinvestigated because they either were not thoroughly looked into or because the citizens who lodged the complaints were treated unfairly.

The panel said it found instances in which investigators drew conclusions without facts to support them, did not try hard enough to contact potential witnesses, and, in many instances, used leading questions while interviewing complainants or officers. It said the other 14 cases were handled appropriately.

Mayor Thomas M. Menino appointed the panel last year to provide civilian oversight of police misconduct investigations, a response to complaints from community groups that said the Police Department needed more outside oversight. The panel's job is to review cases in which allegations of police misconduct were dismissed by the department.

Despite the multiple negative findings in the report to be released today, a member of the panel said it should not be taken as a critique of the department.

"It seemed to me that all parties are on the same page, trying to be helpful and make the process better," said John F. O'Brien, dean of the New England School of Law.

He emphasized that the overall findings were good, with 75 percent of the cases investigated thoroughly and fairly. "This is a police department that does many things very well and that has a lot to be proud of," O'Brien said.

But the panel's detailed findings appeared to bolster negative perceptions in the community. Patterns discovered in the five poorly investigated cases may be evidence of systemic problems, the panel said, recommending that top police officials give Internal Affairs investigators a review session on proper investigative techniques in an effort to halt such practices, according to the report.

The report "validates what we have been echoing into officials' ears for some time," said Darnell Williams, president of the Urban League of Eastern Massachusetts and an advocate for creation of the citizen panel. "Perhaps now the review panel will use its leverage to fix the known problem."

The first batch of cases represents about 10 percent of the complaints filed during the past year. The five cases that it said were flawed have been sent back to the Police Department, where they are being reinvestigated by the Internal Affairs Division.

Police Commissioner Edward F. Davis said yesterday that he welcomes the panel's input and is taking steps to address its concerns, including providing investigators with more training. He did not dispute the panel's findings in the five inadequate investigations.

"We take this board very seriously, and I think they've had some great suggestions," Davis said. "I think that overall these recommendations will make the whole internal affairs process better."

In addition to O'Brien, the panel Menino appointed includes David Hall, professor and former dean of Northeastern University School of Law; and Ruth Suber, who was a member of the state Parole Board for 12 years. The appointments followed a three-year study after the police shooting of 21-year-old college student Victoria Snelgrove during Red Sox American League championship celebrations.

The panel members are charged with reviewing all complaints of serious misconduct by officers that are dismissed by the Internal Affairs Division and a random selection of all dismissed cases, including those involving allegations of less serious misconduct. It is also required to review all citizen appeals of dismissed complaints.

The panel's review powers are limited. Its members do not have the power to subpoena witnesses and evidence or conduct their own investigations.

Instead, they review case files produced by the Internal Affairs Division. If the panel finds problems, it can send the cases back and request further investigation. If, after that, the panel is still unsatisifed, its members can ask the police commissioner to intervene in the cases.

They are also tasked with producing an annual report to the mayor providing their case-review findings, making recommendations for improvement, and chronicling all internal affairs investigations.

In its first report, the panel said the Internal Affairs Division logged a total of 114 citizen complaints of officer misconduct in 2007 and dismissed 81 of them as unfounded or lacking evidence. In 15 cases, officers were found guilty. Another 18 cases are still pending.

A majority of the citizen complaints were filed about incidents that occurred in neighborhoods with predominantly low-income and minority residents, and a majority were filed by residents of color, the report says.

The most common complaints were excessive use of force by police officers and failure to treat citizens with respect. Those categories covered allegations ranging from officers swearing at people to officers hitting people.

The panel concluded that the proportion of complaints that were upheld appears to be in line with other cities. It also gave no indication that internal affairs investigators had engaged in any attempts to cover up misconduct.

Besides additional training for investigators to prevent unfair or incomplete investigations, the panel recommended several other improvements. It suggested that the department should provide citizens whose complaints are dismissed with an explanation of the dismissal. Currently, citizens are sent letters listing investigators' findings but without any rationale for those findings.

Also, the panel said that it would like investigators to respond more quickly to panel members' requests for information on cases. In some instances, the panel waited for months for responses from the Internal Affairs Division.

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Boston Globe - United States20 August 2008

Panel faults police misconduct

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Boston Globe - United States
20 August 2008