Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
"The horror of that moment," the King went on, "I shall never, never forget." "You will though," the Queen said, "if you don't make a memorandum of it." --Lewis Carroll

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Location: RiverCity, Inland Empire

Wednesday, May 02, 2007

Election 2007: Where's the forum?

The election season of 2007 is heating up, with one forum involving Ward One candidates being cancelled due to what its organizers called the difficulty of maintaining a "civil, constructive discussion".

The forum sponsored by the Downtown Area Neighborhood Alliance was to have featured the candidates running for election including incumbent Dom Betro and his rivals, Michael Gardner, Letitia Pepper and Derek Thesier. It was scheduled for May 7.

Now, it's fairly well known in Riverside that DANA is Betro's right arm in the downtown area and that many of its members are quite active in his political campaigns both past and present. It wouldn't be unfair to say that members of DANA were instrumental at putting Betro in office during a very tight election race against Riverside County District Attorney's office prosecutor, Paul Fick.

It's commendable that DANA wanted to offer the residents of Ward One an opportunity to hear from the candidates but was the lack of civility actually the real reason?

It's an election year and there's always been a very competitive spirit to this season, especially the contests involving what Mayor Ron Loveridge and the development firms from Orange County call the "jewel of Riverside" which is the downtown. This is actually one of the more civil election years in recent memory.

It's also the season when Betro, DANA's candidate of choice, has had his own moments of incivility on the dais, according to an editorial written not too long ago in the Press Enterprise.

That editorial criticized what is known as the BASS quartet which includes Betro as a member. This quartet has been responsible for 100% of the letters mailed to city residents from the city attorney's office alleging that they disrupted the meeting and could face arrest in the future. It has also been 100% responsible for the cases of expulsions of city residents including the threatened expulsion of Marjorie Von Pohle, who is 92-years-old by police officers.

Has any member of DANA or any other group said that they weren't going to go to city council meetings because of the lack of civility from the dais that has been apparent in recent months? Have any of them complained about Betro and BASS's role in the expulsion of elderly women from the city council chambers?

Not as of yet but the election season is still young especially if there are runoff elections taking place later this year.


The Press Enterprise did publish a helpful article on the candidates of Ward One and their positions on various issues impacting the city and the ward, including eminent domain, the Riverside Renaissance and the importance of an accessible government. The ballots are in the mail to registered voters in the odd-numbered wards next week and have to be postmarked by June 5 to be counted.

Here are the highlights of the Ward One race.



Fifteen more police officers, will they be on the final budget?


(excerpt)


Crime is at an all-time low in Ward 1. The city has added 25 police officers in the past year and expects to add 10 to 15 more by the fall, Betro said.

"This council has put an emphasis on public safety," he said.

A $1 million homeless shelter and an outreach team mean that people living on the streets have a central place to get the help they need, Betro said.

The city has added 25,000 jobs over the past several years and more are on the way.

"We cannot build buildings fast enough for companies that want office space," Betro said.

Betro rejects as untrue critics' and opponents' assertions that that he is remote and inaccessible to his constituents.

"We follow up on every call," Betro said recently at his Market Street campaign headquarters. "People who call and have a genuine problem get served."




More parks, not fewer


(excerpt)


"I think that, as a matter of public policy, it is wrong to sell parkland to raise money for anything," Gardner said.

While the state standard for parks is 3 acres per 1,000 residents, Riverside has only 2 acres per 1,000 residents, Gardner said.

"We don't need to be selling parkland. We need to acquire more," he said.

Gardner, who has been out walking Ward 1's neighborhoods, said residents have told him they are disappointed with Betro because he is remote and has failed to follow through on campaign promises.



More accessible city government, not less





(excerpt)

Pepper seems to be in perpetual motion. When not attending City Council or city commission meetings, she keeps herself busy attending neighborhood meetings and answering e-mails from residents concerned about city issues.


Pepper said the people she has spoken to express concerns about the lack of openness in how city business is conducted.


"The council never talks about things," she said. "They are spending millions of dollars of taxpayer money with no discussion."


In particular, Pepper said, Betro has told residents to come to his office to discuss things privately with him rather than complain at City Council meetings.


"His attitude is: 'You should be grateful for all the things I'm doing for you,' "she said.




"Circle of eight" on the seventh floor


(excerpt)


Thesier likes to talk about the "Circle of 8" at Riverside City Hall: the seven City Council members and City Manager Brad Hudson.

When it comes to city government, "there should be full disclosure to the people," Thesier said. But there isn't, he quickly added.

"It's their vision of Riverside," he said. "It's the vision of the Circle of 8 on the seventh floor."

People who disagree with that vision have been treated shamefully by council members, he said.
"I've seen people hushed, shushed and shunned," Thesier said. "They are totally disrespected by the council, and they are the voters. "






In San Bernardino, the police department's rank and file union has filed a law suit against police chief, Michael Billdt in U.S. District Court alleging that its members face intimidation if they request having an attorney present for their interviews with investigators after officer-involved shootings, according to the San Bernardino Sun.


(excerpt)


Jim Odlum, attorney for the Police Department, said he could not comment specifically on the lawsuit because he hadn't reviewed it, but spoke generally about the administration's policies.

"The department has no problem at all with officers exercising their right to representation," he said. "We recognize that's an important right that we don't interfere with at all."

The suit paints a different picture.

When two officers shot a man during an April 15 pursuit, they were put on administrative leave for three days, as per policy.

They were pulled out of a briefing after returning to work and ordered home for another seven days, the suit alleges, despite their protests and desire to return.

That tactic "was designed to embarrass the officers and make an example out of them in front of their peers," the suit reads.

"The department is going berserk and trying to intimidate the guys," said attorney Dieter Dammeier, who represents the union. "They're trying to send a message: You either do it our way or you get sent home."



One officer was allegedly sent home on administrative leave for refusing to give a voluntary statement. A similar allegation was made several years earlier involving two Riverside Police Department officers involved in a fatal officer-involved shooting. The parallels running between the two cases have surprised few people who believe that the underlying issue of both law suits involves voluntary vs compelled statements for officer-involved shootings and deaths.

That law suit was filed in Riverside County Superior Court by the Riverside Police Officers' Association's attorney, Michael Lackie who runs a firm with Dammeier, in 2003. Former Officer Tina Banfill Gould had refused to be interrogated in a particular room at the General Investigation Bureau after she and former Officer Adam Brown shot and killed Volne Lamont Stokes in Casa Blanca. As a result, she never gave a voluntary statement about her role in that shooting.

According to the law suit, Brown initially refused to give a statement either but finally did. In 2004, he was arrested by the F.B.I. for his involvement in a child molestation ring and is serving time in prison for that case and for similar convictions closer to home.

Gould was then ordered to give a compelled statement at the Internal Affairs Division headquarters and also was given a notice of intent to terminate. Several months later, she was back to work, but in 2004, she again faced termination for refusing to appear before the Community Police Review Commission to answer its questions.

After the city council voted to defend its right to issue subpoena power to the CPRC, Gould returned but after being sworn in, exercised the Fifth Amendment on each and every question asked.

Gould eventually retired from the department with a physical disability retirement.

Rumors have been floating around for a while that Lackie and the RPOA have filed or are planning to file more litigation involving either the department or the CPRC or both in connection with officer-involved death investigations, but so far nothing has appeared. If the rumors are true, then indeed they may have put a smile on City Manager Brad Hudson's face, because despite his actions to weaken the CPRC, he could then say, see I'm really trying to help it. They are the ones trying to hurt it.




In Los Angeles, once again the police department is taking some serious heat because of more video tapes which showed officers using batons and firing less lethal bullets at May Day demonstrators in MacArthur Park, according to an article in the Los Angeles Times.

Chief William Bratton who is up for reappointment expressed dismay at the content of the video tapes of that incident, calling some of the behavior by his officers, "inappropriate".




(excerpt)


As he has done in the past, Bratton moved fast to get in front of the controversy, postponing a planned trip to El Salvador and holding two news conferences in two days to assure the public that the latest videotaped incident would be fully investigated.

In the frank style that made him a favorite of the tabloids when he headed the New York Police Department, Bratton told reporters early Wednesday that he was "disturbed" by videotapes that showed the confrontation and thought that the actions of some officers who used batons and foam bullets to clear the park were "inappropriate."

He later took a barrage of aggressive and challenging questions at a news conference at City Hall, where he voiced "regret" for the incident.

March organizers were not satisfied.

Javier Rodriguez, a leader of the March 25th Coalition, called for the Police Commission to reject Bratton's request for another term.

"He should be turned down. We should find someone with more sensitivity," Rodriguez said. "We firmly believe that there was a decision to attack the crowd. In any country other than the U.S., the man at the top would be fired."




In an earlier Times article published after May Day, it was revealed that police officers had fired less lethal munitions and used batons against demonstrators and media personnel at MacArthur Park after a march honoring May Day and the immigration rights march had finished.


The Reactions:


Chief William Bratton:

(excerpt)


The chief told KNX-AM (1070) that he reviewed the videotapes showing officers using batons and rubber bullets to disperse crowds -- including TV news reporters -- and said "quite frankly, I was disturbed at what I saw."

"Some of the officers' action … were inappropriate in terms of use of batons and possible use of nonlethal rounds fired," he said.

The chief stressed that his impressions were based solely on viewing several videotapes shot of the confrontation and that he would withhold further judgment until the investigation was completed.





John Mack, Los Angeles Police Commission


"This incident raises serious concerns regarding the use of force by some individual officers," said John Mack, president of the Los Angeles Police Commission, which will conduct its own inquiry. "This was not a pretty picture."

Mayor Antonio Villaraigosa

(excerpt)


In a statement, Mayor Antonio Villaraigosa, who is traveling in El Salvador, called for an "immediate and transparent review."

"Yesterday, across the country, we witnessed a day of overwhelmingly peaceful speeches and assemblies in the best American tradition. Approximately 35,000 Angelenos took to the streets to exercise their 1st Amendment rights," the mayor stated.

The mayor said he has reviewed the video of the incident and that it appeared some people threw objects at officers, who responded.

"As police personnel worked to clear the street and the park, and as the march organizers asked the crowd to disperse, members of the media and the public appear to have been caught in the exchange between the LAPD and these instigators," according to Villaraigosa.

"Any time that our law enforcement officials employ force, the public has an absolute and unqualified right to expect and demand an aggressive review of the facts. This review is already underway."




Activists, officials weigh in on what happened at MacArthur Park. Bratton's complete statement is here.


(excerpt, Bratton)


"My responsibility and obligation as Chief of Police is to investigate what happened, determine why it happened, and address and correct identified problems and issues. In this instance, we will specifically focus on command and control of our officers, our strategic planning efforts and tactics, and most importantly, our significant use of force while attempting to address the illegal and disruptive actions of 50 to 100 agitators who were not a part of the larger group of thousands of peaceful demonstrators.
`
"As Chief of this Department and as a resident of this City, both of which I have come to love, I share the understandable concern and frustration of all of you that once again the Department, its members and the community are involved in such a troubling event. Echoing Mayor Villaraigosa's comments, any time that our law enforcement officers use force, the public has an absolute and unqualified right to expect and demand an aggressive review of the facts and receive an honest reporting of the conclusions and recommendations."





And here's an update on one of the handful of Riverside County Sheriff Department deputies being investigated or prosecuted so far for not being able to keep their pants zipped while on duty and instead, coercing or forcing women into having sex with them to avoid an arrest.

Former corporal John Wayne Leseberg is being sued by a woman who claimed he sexually assaulted her in 2004 according to an article in the Press Enterprise. She claimed in her law suit that she went into hiding after the incident especially since Leseberg threatened retaliation if she told anyone about what had happened.

Leseburg, who is awaiting sentencing after pleading guilty to burglary and indecent exposure charges in connection with another incident, spoke through his attorney who had this to say.


(excerpt)


His lawyer, Joseph Cavallo, said the woman who filed the lawsuit and any others who make a claim against Leseberg are not seeking justice.

"They were either drunks or drug addicts who had ulterior motives, and that motive has shown its face ... It's money," Cavallo said Wednesday.



Of course it's attitudes like this that are reasons why women may not come forward with allegations of rape and other crimes under the color of authority. Traditionally, with rape cases, there's been a "blame the victim" mentality by law enforcement agencies which only recently has began to change, though clearly not for all women and clearly not for those making allegations against law enforcement officers.

People ask, if it's indeed going on, why don't the law enforcement agencies either know about it or do something about it?

In some cases, police officers can commit crimes like these for years without even being reported by other officers, let alone investigated when allegations are made against them.

After all, a police officer with the San Bernardino Police Department was able to rape at least a dozen women in that many years before he was caught and finally prosecuted for his crimes.

That's likely a problem there and here as well.

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