AJC Story on Sorry Chief Pennington
Posted On Tuesday, November 24, 2009 at at 11:45 AM by Dan
This week is the 3rd anniversary of the killing of Kathryn Johnston by the Atlanta Police Department. Chief Pennington attended a community meeting where he said he was sorry. Indeed, he's very sorry. Below is the AJC story about how sorry he is. Of course, the neighborhood situation is the same as before. The police are still out of control. The review board still doesn't have subpoena power, and the APD wants it that way. But Pennington is really sorry.
Wait, did I say the neighborhood situation is the same as before? According to the Associated Press, I'm wrong on that account. Their in-depth coverage (4 paragraphs) shows how much better things are. They even talked to a businessman, so you know things must be just peachy.
Pennington apologizes for Johnston slaying, says hurt lingers
http://www.ajc.com/news/atlanta/pennington-apologizes-for-johnston-211359.html
by Ernie Suggs
The Atlanta Journal-Constitution
9:26 p.m. Monday, November 23, 2009
Widely known simply as English Avenue, the area is still wracked with drugs, violence and crime. Abandoned homes, some brand new but unsellable, still dot the neighborhood. Ivory Young, the city council representative in the area, said that only 13 percent of the property in the area is owner occupied. The rest is being rented or has been boarded up by an absentee landlord.
But for the people who attended the meeting, primarily to listen to mayoral candidates Mary Norwood and Kasim Reed, those who still love the area left with one thing -- a sense of remorse from the police department over Johnston’s death.
“I take full responsibility for what happened. What happened to Mrs. Johnston was tragic,” said Atlanta Police Chief Richard Pennington. “I don’t think anybody ever apologized to the Johnston family. But I’d like to take this moment to personally apologize. You can’t have an ongoing healing process until someone steps up and say they were wrong.”
It was three years ago this week that the 92-year-old Johnston exposed problems so deep inside certain parts of the APD that she nearly brought the department down. On the evening of Nov. 21, 2006, several members of the APD drug unit stormed into Johnston’s home and pumped two shots into her chest, killing her.
Members of the unit had obtained an illegal, no-knock search warrant, which allowed the officers to break down her door. The officers planted marijuana in the house after killing Johnston, who had fired a shot in self-defense as they were breaking down her door.
Three officers were later convicted of crimes and are currently serving prison time.
“We went through some difficult times and no one felt it more than I did,” Pennington said. “The officers broke the law. I was appalled and hurt. I don’t think this hurt will ever go away.”
More than a month before Christmas, Johnston’s former Neal Street home is the only one in the neighborhood with holiday lights. A man uses as old fashioned manual lawn mower to keep the grounds nice. Lights ring the railings and windows. A large table holds dozens of stuffed animals and flowers.
A painting of Johnston, looking at a flat-screen image of President Obama, graces the home’s front window. It is called, “Looking Back for Justice.”
“Nothing has changed around here. Burglaries still occur. I still hear gunshots,” said Janssen Robinson, who lives next door to Johnston’s home and is the artist of the painting. “The element is still here.”
Robinson locked his home and made his way to the church to here what the candidates had to say.
“I would rather see action, more than hear more words,” he said. “It is easy to say things. But it is action that we need around here.”
Both Norwood and Reed used the opportunity to lay out their plans for fighting crime. Both will aggressively seek a new chief to replace Pennington, who is retiring. Reed’s plan to open up all of the city’s recreation centers could be ideal in an area like English Avenue. Norwood’s plan to clean up neighborhoods and find slum lords was also tailored to the neighborhood. Both were well-received.
Norwood, who attended several community meetings after Johnston’s death, as well as her funeral, said little has changed since the murder.
“One of the reasons I am running for mayor is because I have not seen the improvements I wanted to see both in safety and in taking care of our community,” Norwood said. “Get rid of abandoned housing and get people back in them. Get the trash picked up. This community has mortgage fraud and abandoned homes. Who owns them? If we don’t know who they are, then why are their ... buildings here?”
Ask for a ranking, Reed said the city was at an “eight” in the severity of crime, part of which he blamed on the economy. Throughout the campaign, Reed has said he wants to hire 750 additional police officers and get kids off the streets.
“The population has grown 100,000 citizens and our police force has grown by 300 officers. We don’t have a big enough police force,” said Reed, adding that the lack of recreation centers contributes to a rise in property crimes. “We have 50,000 kids with nothing to do. I want to change that.”
Pennington agreed that more police officers are needed. He said when he came to the city in 2002, he had 1,400 officers and needed at least 2,000. He said the highest number he reached was 1,800 and the most officers he hired in a year was 250. But the department still loses 150 officers a year to retirement and resignations.
“They leave because of pay and benefits. We haven’t had a pay increment in 10 years," he said. “Atlanta has a great police department. We just don’t have enough police. I hope the candidates get the officers we need. I hope one day I will be able to see it – from afar.”
Atlanta Cops in the News
Posted On Tuesday, November 17, 2009 at at 2:00 PM by Dan
The Atlanta Police Department seems in the news a lot lately. Perhaps this is only because I've been watching more intensely. Of course, the mayor's race may have something to do with it. The police union recently endorsed Kasim Reed. Chief Pennington issued an order that officer have to cooperate with the civilian review board (CRB), although the officers do not have to testify before the board. Pennington is committed to keeping a CRB without the power to do its work, a stance consistent with the APD. He only issued this order after significant prodding from the CRB to keep his promise.
Lastly there is the CBS Atlanta story on bad cops, posted on November 16 and updated on November 17. While it's interesting to read the stories of cops gone bad, the problem is it positions police misconduct as the problem of a few bad apples. The lesson from the CBS story is that most cops are good people, but sometimes there are bad ones. We have to weed out the bad ones and we'll be fine. What if the problem is systemic? What if we're not talking about bad apples, but a tree that produces poison fruit?
If this sounds interesting, I recommend Kristian Williams's book, Our Enemies in Blue.
For what it's worth, the CBS Atlanta story is reprinted below.
CBS Atlanta News Investigates Cops On Other Side Of Law
http://www.cbsatlanta.com/news/21632579/detail.html
ATLANTA -- CBS Atlanta News is asking tough questions about good cops gone bad. The people protecting the streets in Atlanta have found themselves behind bars for drinking and driving and even charged with murder. In less than two years, 27 Atlanta police officers have had run-ins with the law, some of them more than once.
Reporter Jennifer Mayerle asked Maj. Lane Hagin what the arrests say about the department.
“It says police officers are human. Certainly it's not the image we want to present as a police department,” said Hagin.
CBS Atlanta News obtained video of Officer William Greenwell after drinking with another Atlanta police officer. He stumbles during a sobriety test, telling the Smyrna Police officer who pulled him over he had eight or nine mixed drinks. The incident reports shows Greenwell’s initial blood alcohol level was .17. He pleaded guilty to DUI.
John Freeman is in jail awaiting trial on a charge of murder. He admits shooting the security guard at his apartment complex multiple times.
“It’s embarrassing to even have someone accused of that as a police officer, and certainly if it's proven to be true and he's convicted, that's a black eye,” said Hagin.
Edward Rabb was charged with the rape of a neighbor in 2008. The District Attorney’s office decided not to take the case to court. Less than a year later, he was arrested for drinking and driving. Reports show he blew an initial .18, more than twice the legal limit. Police reports show his "eyes were blood shot and watery, and he had urinated on himself."
William Rucker is another double offender. Video CBS Atlanta News obtained of Rucker weaving in and out of traffic is what landed him in jail for a week, while APD kept him on the payroll. He was found guilty of numerous traffic violations. Rucker was also jailed for lying to police in South Carolina. Rucker is currently on desk duty.
Stephen Moyet was charged with simple assault and battery for attacking a fellow officer responding to a domestic 911 call.
Two officers resigned while still under investigation. Justin Green pleaded guilty to hit and run. He didn't resign until he tested positive for cocaine, and admitted to losing his gun while out partying.
Duane Grundy was already on administrative leave when he was locked up for the attack on then girlfriend, Brittani Lewis. Lewis said she feared for her life.
“He actually started choking me, and my head was down in my leather couches and I couldn't breathe. My 3-year-old son was hitting him, fighting him, trying to pull his pants, trying to get him off of me,” said Lewis.
Grundy also admitted to smoking marijuana while working at APD. CBS Atlanta News has learned he is now working at Lenox mall.
Mayerle asked Hagin what the department is doing to make sure there aren't any more black eyes.
“We have good people here, we have good training. There's a very stringent hiring process that we put people through,” said Hagin.
If you see cops behaving badly, you can file a report with the department they work for over the phone or in person. You can also contact the Office of Professional Standards.
A Response to Sgt. Keher
Posted On Wednesday, November 11, 2009 at at 1:20 PM by Dan
The Sunday Paper recently ran an open letter from Sgt. Scott Kreher. Sgt Kreher is president of the police union and a veteran of the Atlanta Police Department. After reading the letter I had some questions I would like to ask Sgt. Kreher.
I recently read your letter to the Atlanta mayoral candidates, “Save Our Cops: An open letter to Atlanta's next mayor.” In your letter you mention that in order “save our cops” the city should implement certain changes including pay raises, tuition reimbursement, and other steps to help reduce police turnover.
1) Creating a Search Committee to conduct a nationwide search for the next Chief of Police, and guaranteeing that this committee include members of the ACRB and concerned community members;
2) Appointing a police chief who publicly commits to ensuring full cooperation with the ACRB, including the disciplining of officers who refuse to comply; and
3) Calling for, and supporting a full ACRB investigation of the REDDOG unit with a commitment to following the recommendations produced by such an inquiry.
However, I would say this is only a first step. For the APD to really show it deserves support the department, the chief, and the union will have to support a fully funded civilian review board with subpoena power. The funding for the board can come from the same sources you outline in your letter. Towing fees, license enforcement, and better contracting of supplies (quartermastering) sound like a decent way of raising the funds. Personally, I’m willing to go on trust that this will work. The Southern Center for Human Rights has a report on the Atlanta civilian review board, including recommendations to make the board effective. If you and the rest of the police are willing to accept those recommendations, I’m sure the people of Atlanta wouldn’t begrudge you a small pay raise and tuition reimbursement. What do you say? If your answer is no, then what exactly about the APD is worth saving?
APN Report on BLOCS Press Conference
Posted On Tuesday, November 10, 2009 at at 1:46 PM by Dan
The Atlanta Progressive News wrote up a story on the police accountability press conference by BLOCS (Building Locally to Organize for Community Safety). You can read the full BLOCS letter at their website. Below is the APN report.
Group Calls for Citizen Review Board Powers, Red Dog Investigation
By Jonathan Springston, Senior Staff Writer, The Atlanta Progressive News (November 09, 2009)
http://www.atlantaprogressivenews.com/news/0543.html
(APN) ATLANTA – 30 community organizations called for police accountability during a rally at City Hall on Thursday, October 29, 2009.
A coalition led by Atlanta Building Locally to Organize for Community Safety (BLOCS) sent a letter to each of the Mayoral candidates prior to the General Election, asking that each pledge to lead a nationwide search for a new police chief, strengthen the Atlanta Citizen Review Board (ACRB), and call for a ACRB investigation of the Atlanta Police Department’s (APD) Red Dog Unit.
"Having a police force that is accountable to the community it serves is a bedrock principle of community and public safety," Moki Macias of Atlanta BLOCS said. "All of our Mayoral candidates have spoken of increasing numbers on our police force. What we’re now asking is that they commit to increasing the quality of the department by supporting community involvement and strong oversight mechanisms."
Several speakers offered troubling testimonials about clashes with police.
Felicia Kennedy, a West End resident, witnessed APD officers beating an unarmed suspect in front of her house on October 15, she said. When she began taking pictures of the incident, the officers confiscated the camera and placed Kennedy under arrest "for trying to be a member of my community."
"What is happening is not community policing," she said. "We need a more responsible police force."
Robby Kelley, co-owner of the Atlanta Eagle, experienced first-hand Red Dog tactics when 25 members of the controversial squad raided his club on September 10, a story first reported by Atlanta Progressive News.
Kelley recounted how officers stormed the bar with no warrant and forced employees and patrons to lie face down on the floor while the unit searched for drugs and inspected licenses.
He remembered officers enjoying the raid and using derogatory language, with one allegedly exclaiming, "We should do this to a fag bar every week."
"Not every member of the Atlanta police force are representative of [these officers]," Kelley said. "But those responsible should be held accountable."
The Atlanta City Council created the ACRB in the wake of the 2006 APD shooting of 92 year-old Kathryn Johnston to investigate questionable police action.
But without subpoena power, the ACRB remains a toothless body that has no ability to force APD cooperation.
Macias told APN three APD officers that week had said they would refuse to cooperate with any ACRB request unless Chief Richard Pennington directs them to do so.
"There is a culture here in the APD that is not accountable and is not transparent," she said. "We call for quality of officers before we have quantity of officers."
Former mayoral candidate Kyle Keyser, founder of Atlantans Together Against Crime (ATAC), concurred that the issue is "quality and not quantity when it comes to the Atlanta Police Department."
"Not all police officers are bad," former candidate Jesse Spikes said. "There are many officers out there doing hard work and I will support those doing that work."
Mary Norwood, Kasim Reed, and former candidate Lisa Borders were not on hand but representatives from the campaigns affirmed their support of the pledge.
Norwood's campaign first learned of the Atlanta BLOCS pledge when APN contacted their organization the day before the press conference. Norwood's campaign noted that they have stated their preference for a local police chief, although Atlanta BLOCS told APN they did not think that was inconsistent with the pledge because a national search could start locally.
There were also former candidates for Atlanta City Council on hand, including Dwanda Farmer (Post 1 At-Large), Darrien Fletcher (District 3), and former ACRB member LaShawn Hoffman (District 4), each of whom support the pledge.
Macias told APN that the community should be able to judge the police by "how much they respect the community."
"We want a transparent process... because that’s going to start them on the right path to healing with the community."
A Response to My Senators
Posted On Monday, November 02, 2009 at at 3:13 PM by Dan
I wrote a letter to my senators asking why they would vote no to Senate amendment 2588. They both responded, but I still have questions. Here's my response to their response.
Dear Sen. Johnny Isakson, Sen. Saxby Chambliss:
Thank you for replying to my letter asking you about your no vote on S. Amdt. 2588 of the Defense Authorization Bill. I am sending this follow-up letter because from reading your response your no vote was based on different information than what I was aware existed. I’m hoping that this letter can help clarify matters, so if I’m wrong please let me know.
Sen. Isakson, you wrote that you voted against the amendment “in accordance with the recommendation of the President and his Department of Defense, which opposed this amendment.” Perhaps you aren’t aware that the President is not against the intent of this legislation. He had some concerns about how it would be implemented, but he supported the legislation. The Department of Defense had questions about whether the amendment was enforceable, but it is overstating the case to say they opposed it.
As an aside though, can you clarify how important the President’s opinion is in casting your vote? I don’t have a problem with you deciding to vote “in accordance with the President.” That cannot be any worse than any other way of voting. I’m assuming that since the President is for the Employee Free Choice Act, you will now also vote in favor of that bill.
Sen. Isakson you also wrote that the amendment “would lead to defense contractors eliminating arbitration altogether as an option for employees.” Sen. Chambliss you wrote that employers would be “forced to eliminate mandatory arbitration as an option for resolving employment disputes.” Are you both aware that, in fact, this amendment wouldn’t do that? The amendment doesn’t eliminate arbitration, it eliminates having arbitration as the only option. In other words, workers would still be able to go to court.
What’s interesting to me is that the both of you are so concerned about making sure employees have multiple options when it comes to settling grievances. I applaud this intent. I would once again like to suggest you support the Employee Free Choice Act since this legislation would give employees, not employers, more options when it comes to deciding whether or not to have a union. Right now, workers can be forced by their employer into an election, “a very expensive and lengthy process.” (That’s from your letter about the court system, Sen. Isakson.) Also, the current process is ripe with employer abuse including harassment and illegal firings. Giving employees more options- like only having them vote once on whether they want a union rather than filing cards asking for an election and then voting in a months-long election process designed to protect employers while they abuse human rights- would help stop this process.
Lastly, I’m curious about your votes on federal funding for ACORN. The both of you have supported banning the group from receiving federal monies because of their transgressions. Will you also call for other organizations to be banned from federal funds? I’m talking about organizations like Blackwater since they killed civilians in Iraq. In fact, they have a history of it. Also there’s the case of Halliburton. Jamie Leigh Jones, a former Halliburton employee, alleges she was gang raped by her coworkers while in Iraq. You both know about her because Sen. Franken introduced his amendment to give her some relief in court. She also alleges that Halliburton covered up the crime. If this is true, then Halliburton would be guilty of covering up a horrific crime. Without a doubt you both would agree with this since you both stated in your letters how much you believe rape to be a terrible violation. I have no doubt that you both would support banning Halliburton from receiving federal funds. That's the only way I can see your votes as being consistent. If you aren't consistent, then there must be some ulterior motive for attacking ACORN but leaving Halliburton and Blackwater alone. If I’m wrong, please let me know.
Thank you for your time. I look forward to hearing more from you.
Dan
Saxby Chambliss Responds
Posted On at at 2:26 PM by Dan
On Tuesday, October 27 I received a response from Sen. Saxby Chambliss. I had sent both of the Georgia Senators a letter asking why they opposed Sen. Al Franken's amendment to the Defense Authorization bill. Franken's amendment would have (will, actually, since it passed) banned the federal government from giving contracts to companies that do not allow their employees to sue in court for sexual harrasment or assault. Those opposed to the amendment have been accused of supporting rape. In my letter I ask why the Senators would support such an amendment, if they really meant to vote for gang rape. Sen. Chambliss initially responded with something about Kevin Jennings. He now is answering the question.
Dear Daniel:
Thank you for contacting me regarding Senate Amendment 2588 (S. Amdt. 2588) as it pertains the National Defense Authorization Act for the 2010 fiscal year (NDAA). It is good to hear from you.
During the recent debate on the NDAA, Senator Franken introduced S. Amdt. 2588 which would drastically change the way the Department of Defense (DoD) interacts with defense contractors. Specifically, this amendment bans the DoD from doing business with any contractor that has a mandatory arbitration clause with its employees. Therefore, all defense contractors that want to continue to receive federal funding will be forced to eliminate mandatory arbitration as an option for resolving employment disputes.
I strongly believe rape is a terrible crime and that those who commit sexual assault should be punished. However, the Franken amendment was not the proper way to address this issue. This amendment creates a major, fundamental change in U.S. labor law that goes far beyond Ms. Jones' claim against Halliburton. Instead, I strongly support the U.S. Justice Department being more aggressive in prosecuting cases of rape and violent crime in all situations where they have jurisdiction.
From a legal standpoint, the elimination of arbitration as an option leaves employees with only the option of going to court, which often to the determent of the employee is a very expensive and lengthy process. Arbitration allows employees to still make their claim and pay nothing or nearly nothing to do so because an employee does not have to hire an attorney for arbitration. As such, I voted against the inclusion of the Franken Amendment to the NDAA.
