"Shots fired" from coast to coast

"Did you ever hear any shouts, 'Police!', 'Don't move!" prosecutor Charles Testagrossa asked.

"No" [Lt. Gary] Napoli said.


---New York Daily News




"You feel bad, but this is your job. They give you orders and you have to do it."


---Rafael Sanchez Herrera, 34, of Chino, said in Spanish in an interview from the Adelanto Detention Center to the Press Enterprise.



"I have a vehicle that did a 211 leaving the parking lot towards the McDonalds."


---Riverside Police Department Officer Jeffrey Putman, on the radio.




When Community Police Review Commissioner Butch Warnberg wrote his report on his investigation into the fatal officer-involved shooting of Douglas Steven Cloud, it included the radio transmissions from the police officers before, during and afterward.

The commission is only now reviewing the shooting, about 18 months after it happened, just days after the second largest financial settlement in relation to a wrongful death settlement in the city's recent history was just announced.

The above quote was the original 11-10 (for backup) transmission by Putman that set the chain of events in motion that were to follow. Putman was the only officer mentioned in Warnberg's report who apparently wasn't interviewed by investigators in the probe done by the Officer-Involved Death Team. That's too bad for the CPRC because many of their questions for Warnberg centered on Putman and his ability to view and access what was going on at the Home Depot Parking Lot from about 80 or so feet away.


Warnberg stated in his report that "the failure to clarify the incident left the assisting officers at a serious and dangerous disadvantage".


(excerpts, Warnberg's report)


Putman provided more information on the car including that it was a "Older Datsun primer last seen west-bound Indiana". When an officer asks what color, Putman answers, "gray primer".

Cloud was described as a "Hispanic male, 20-25 with dark hair." An officer asks, "Are there any weapons?".

No one answers.


About 39 seconds later, Putman gives the license number of the vehicle. Seven officers say they're in the area.


About 45 seconds later, Officers Nicholas Vazquez and Brett Stennett who are riding together say, they've spotted the vehicle and are "97" or at the scene. Eleven officers in six units also arrive within seconds.

About 20 seconds later, an unknown officer states "shots fired, shots fired." Other officers get on their radios to say the same and one finally provides the location, Indiana and Detroit.

Sgt. Rene Ramirez requests medical aid 45 seconds later. Another 73 seconds later, Canine Officer Mike Mears tells everyone to "just take cover and just stay there." He then says about 2 1/2 minutes later that he's sending a team of four officers and a sergeant to check on the suspect.


One minute and 16 seconds later, Mears says on the radio that the suspect is "Code 8"

In other words, deceased.



While there's been a lot of discussion about the crowing menace in Riverside, there's been very little talk from Riverside's city government about the real threat which has been bacteria-contaminated beef coming from a meat packing plant in Chino. The scandal there has led to the largest beef recall in national history impacting the entire nation. But while several current and former city council members pushed for the passage of Measure A and no doubt celebrated afterward, who on the dais has even asked in a public forum about the safety of beef in this city including its schools?

One former employee said that if employees didn't follow orders, they would lose their jobs.




Is Riverside's pumping station encroaching on another person's property? Yes it has been for decades and part of the land is owned by Colton's Redevelopment Agency. A mobile home park which offers affordable housing is in the middle of it and its residents were concerned to find out that Riverside was interested in purchasing the land for good reason.


(excerpt)


Some residents, were alarmed when they heard about the city of Riverside's plans, thinking Riverside officials were planning to use eminent domain to take control of some of the property, Parrish said.

"They really didn't explain it well to the neighborhood," he said by phone.

Riverside city officials are only seeking two easements that are 25 feet by 150 feet, for the retaining wall at the back of the treatment plant, and 3 feet by 40 feet, for a part of the road that crosses the homeowners association property, Milligan said. The easements will not require the relocation of any residents, he said.

Rancho Mediterranean park Manager Dominick Villani said Riverside city officials sent out a letter, but not a map, which shook people up. But Riverside city officials went out to the community last week and explained their plans to residents, he said.

"We're not in jeopardy in the park," Villani said by phone. "Everyone seemed to be satisfied."



News of Riverside's rather frequent use or threat of use of Eminent Domain to acquire property to hand off to private developers has apparently spread to neighboring areas outside the city.






Harry Hood, 82, a member of many community organizations including the Group and the League of Women Voters was profiled in the Press Enterprise.




Does Temecula need campaign reform?


That's the issue addressed by Robert Eilek from that city and it stems from the controversy involving several Press Enterprise articles that addressed campaign ties between council members in Temecula and development firms.


(excerpt)


Instead of attacking The Press-Enterprise, this council should act with urgency to restore the public's faith in its integrity. A good start would be for city leaders to initiate campaign-finance reform. If democracy is to survive in this city, it is crucial that the council reduce the influence of those conducting business with the city.

Thus, strict limits should be placed on the amount of money donors can give to candidates for city government. We need to level the playing field so that the average citizen feels that his or her voice is equal to that of the wealthiest special interest.

Also, the city should establish an independent watchdog to oversee the conduct of council members and other city officials. An ethics policy should be crafted and power delegated to this body to interpret and enforce the policy and investigate potential wrongdoing.





Some police chief positions were filled by the San Bernardino County Sheriff's Department in Grand Terrace and Loma Linda.



Do you want to be a police chief? There's a job opening in North Carolina in Winston-Salem.


These are just some of the qualities that the city will be looking for below.


(excerpt)



In evaluating applicants for this position, the City Manager will be
looking for candidates who have the following characteristics and
competencies:

· The Chief will be committed to high levels of staff training and
staff development and be supportive of employees maximizing their
individual potential.

· The ability to say "no" when necessary without
generating hostility or ill will.

· The ability to effectively and articulately communicate the
Department's vision and goals to Departmental personnel and the
community.

· An on-going level of commitment to service and visibility within
the community, both on and off the job.

· An innovative, proactive, flexible and creative person who is
not afraid to consider new technology, equipment, training, and police
practices.

· An individual with a strong sense of self who demonstrates the
highest levels of personal and professional ethics and behavior and
leads by commitment, example and ethical standards, both on and off the
job.

· A good listener who listens to both sides of an issue and has an
open flow of communication to community leaders and citizens. Supportive
of subordinates' efforts, he/she will appropriately and vigorously
advocate for needed resources for the Department.

· An effective delegator with the ability to assign
responsibilities to subordinate personnel and hold them accountable for
results.

· An awareness and sensitivity to cultural, social, and ethnic
differences in the population served is essential.

· A visionary leader who can bring together the various elements
of the community, the Department and leadership of the City to develop a
vision, strategic planning process and clear goals to guide the future
of the Department.

· A team oriented person who is seen as caring, personable, open,
responsive, visible and accessible to subordinates, other City
departments, citizens, other law enforcement agencies, schools, and the
business community. Excellent interpersonal skills with an ability to
establish positive working relationships with others are sought.





The Shreveport Times Editorial Board stated that the public needs more information about police complaints.



(excerpt)



As for his hand-picked police chief, Glover may be getting an earful from the taciturn Henry Whitehorn, but the chief's relations with the public, media, even other public safety agencies, need improvement. Again, he could take a page from a predecessor, Campbell, who not only was available to media, but often initiated contact with reporters and editors.

It's not clear whether Whitehorn misjudged public reaction to the sight of a handcuffed and bleeding Angela Garbarino or mishandled the official response to the furor. Either way, he waited too late to meet the incident head on with more definitive comments that would indicate intolerance of such activity and assurance of a thorough investigation. When the public senses a department circling its wagons, that's when suspicions grow and community relations erode.

Citizen review of police conduct and policies remains an idea worth pursuing. A review panel that can make recommendations to the department and the mayor can enhance public confidence. Last September, with eight officers facing criminal charges that included allegations of perjury and falsifying reports, Glover still was rejecting the need for citizen review. Surely now he will reconsider.

Short of that, timely reports to elected leadership and the public could at least provide an indication of departmental trouble spots. Councilman Calvin Lester's request for the city attorney to find a means for council briefings of potentially controversial situations is a step in the right direction.

State lawmakers just spent 2½ weeks working to reform ethics and create a more transparent government, efforts designed to spiff up our image to the nation. Unfortunately, one police video on a national media loop can tarnish that image quicker than anyone can clean it.




Seattle's city government and the police department's labor union are battling again after the union filed a complaint that the city undermined it in labor negotiations.


The union alleged that information was leaked out about its contract negotiations.


The police chief in Seattle is revamping his police force to improve accountability.



Speaking of accountability in law enforcement, the Seattle Press-Intelligencer has an excellent ongoing series on how issues of accountability impact law enforcement agencies in Washington including Seattle.


Strong Arm of the Law


Articles in the series address these questions as well as others.


Do officers who use violent force in Seattle get a free pass?

Do African-Americans face a higher level of "contempt of cop" charges?


Why do police officers who lie in Washington remain employed?



(excerpt, Seattle Press-Intelligencer)


In the five years ending July 2007, just 13 police officers statewide had been terminated and disqualified to serve again as police officers in Washington state because of lying, including the case of a Seattle officer cheating on an exam.

Yet the P-I found more than two dozen other cases in which officers were alleged to have misled supervisors, misstated important facts or fabricated information in fieldwork, internal investigations and court cases without being fired.

Among them, a Tacoma officer accused of falsifying sick-leave reports in 2004; a Federal Way officer who allegedly tried to cover up improperly throwing away drug evidence in 2002; and a King County sergeant accused of making "misleading statements" about her alleged pressuring of a subordinate regarding a public sex arrest case.

In a 2004 case, a dishonesty charge against Federal Way Officer James Keller was sustained in a car accident he was involved in, but he was not fired.

In several other cases, officers were not even investigated for potentially career-ending dishonesty charges despite allegations or other evidence those officers lied, a review of disciplinary cases statewide found. Two Tacoma officers claimed a third officer in 2002 provided misinformation in a police report favorable to a prominent architect. That officer was never investigated for dishonesty, records show.



Remember former state insurance commissioner Chuck Quakenbush? Now he's a deputy in Florida and he's just shot and seriously injured a man.





In New York City, a commander testified about a frantic phone call he received from one of the detectives who shot Bell.



(excerpt, Newsday)



"It is getting hot, getting hot!," was the frantic telephone call a police commander remembered getting from one of the detectives involved in the moments before Sean Bell was shot dead after partying at a Jamaica strip club.

In testimony Friday morning in Kew Garden State Supreme Court, Lt. Gary Napoli said that Gescard Isnora, who was working undercover, relayed an urgent message to him in a telephone call that there might be a gun among a group of men arguing outside the club.

"I told units to move in to where Jessie is," Napoli, 50, testified.

Napoli then said that once his own car turned on to nearby Liverpool Street he saw Bell's car suddenly speed away from a curb. Napoli then said he heard a collision and almost immediately the sound of gunfire. Staying low and crawling out of his vehicle to avoid getting shot, Napoli said he didn't hear any pause in the shooting. He also said he didn't recall seeing any of his officers display their police badges, although he admitted that he wasn't really looking for that during the shooting incident.



The shock of the statement made by Napoli that the officers never identified themselves as such before firing their guns at Bell and his friends.



(excerpt, New York Daily News)



In earlier testimony, Napoli admitted the ill-fated operation was poorly planned and rife with errors, but he and his men were determined to make one more arrest so they could padlock the club.

Two of Bell's friends have said he exchanged angry words with a man prosecutors have identified as Fabio Coicou outside the club. The Bell pals said they thought the man was armed.

Napoli said he was sitting in the passenger seat of an unmarked police Toyota Camry driven by Detective Paul Headley when Isnora called him from outside the club and reported the escalating squabble. Cooper was in a back seat of the Camry.

Seconds later, Isnora called again. This time, he sounded "frantic" and was tailing Bell and his buddies Joseph Guzman and Trent Benefield down Liverpool St. to Bell's car, Napoli said.

"I felt my responsibility was to get Jesse as soon as possible," Napoli said, using Isnora's nickname. "I know I yelled, 'Move in! Move in!' I don't know if I gave them a specific area. At that point, the clock was moving fast."

Napoli said Headley drove down 95th Ave. toward Liverpool St. and they quickly spotted Isnora, who gave three sharp head nods in the direction of Bell's car.

Napoli said they pulled up beside Bell's car and prepared to swarm the vehicle. He said he had leaned down under the dashboard to pick up a dome light, when he heard the sound of a car revving up.

"They were trying to flee us because they recognized we were police," Napoli said. "I'm thinking they tried to get away and they hit another car, not knowing it was our car."

Then gunfire erupted.




The New York Times depicted Napoli's testimony.


(excerpt)


“I believed that we were under fire,” Lieutenant Napoli testified. “I told Marc and Paul, ‘Get down, we’re under fire.’”

Lieutenant Napoli drew his weapon, uncertain as to whether his vehicle was under fire. To avoid the possibility of shooting Detective Cooper, who was in the back seat and therefore in the line of fire, Lieutenant Napoli said, “I positioned myself at an angle, pointing the gun out of the window of my car.”

He continued: “I turned my body this way and pointed my gun out the window. If anyone came up on our car, I would have fired, out of the line of sight of Marc.”
He soon realized that their car was not under fire because none of the car’s windows were broken.

“I get down as low as possible — basically down on my stomach — and I proceed to crawl to the rear of the car,” Lieutenant Napoli continued, explaining how he left the car and then crawled along the ground.
The gunfire had stopped.

“When it ended, there was almost like an eerie silence,” Lieutenant Napoli said.

Douglas Steven Cloud: Anatomy of a shooting

The Shooting

Oct. 8, 2006 at Acura of Riverside Dealership

J. Taliaferro stated that he was later told during an interview by Riverside Police detectives that Cloud "pulled a shotgun and is now under a sheet". J. Taliaferro said he and his sons did not see a shotgun.


----Excerpt, Butch Warnberg's report on the Cloud shooting

Eyewitness Accounts

(excerpts, Butch Warnberg's report)

The Suspect

Douglas Steven Cloud:

Cloud was hit with five rounds and died at the scene.

The Officers:



Officer Nicholas Vazquez:



Vazquez stated that he stepped away from the car, drew his weapon again and fired four or five shots at Cloud. The first round was aimed at the upper torso. Cloud "did not move" and there was not much reaction. In order to stop the threat he then fired three or four more rounds aiming at the upper torso. Johansen then fired several rounds after Vazquez fired his first round.




Officer David Johansen:


Johanen said he saw Cloud reach down between the seat and center console area with his right hand. When he brought hs hand out it was "very deliberate". Cloud's left hand was free. Johansen said because the radio call was a robbery he thought, "the chances were pretty darn high" that Cloud was coming up with a weapon. Johansen said it happened so fast, "he was not willing to wait to see a weapon" Johansen said, "If I would have waited, I would have been shot."

Johansen said his primary concern was a gun and not the vehicle hitting anyone. He said, "I drew my weapon and fired one round." Johansen thought the round hit Cloud in the upper torso. Johansen stopped firing because Cloud's hand stopped moving. Johansen said he heard Vazquez fire his gun and thought Vazquez had probably fired first. Stennett was not in the way when they fired. Johansen did not hear anyone tell Stennett to disengage.




Officer Brett Stennett:



Stennett said that Vazquez told him to "get back..." Stennett started to draw his weapon and Vazquez fired three times and Johansen fired twice.




Officer Bryan Crawford:



Crawford stated that when he reached the driver's side of the vehicle he heard a single gunshot, followed by four or five a second or so later. He saw Vazquez with his gun in his hand, and saw the gun recoiling as the shots were fired. He didn't notice if anyone else had fired. No warnings concerning a weapon were heard and no weapon was seen.



Sgt. Rene Ramirez:



Ramirez exited his vehicle and could see Officers Vazquez, Johansen, Stennett and Crawford standing on the driver's side of the vehicle. The officers were facing the driver's door and some of them had their guns drawn. He heard two shots, and believed that Vazquez had fired.




The Witnesses:



Frederic Eugene Cagle:


Cagle stated that he watched as Officer #1 took "about a half of a step back and to his left, then fire one shot into Cloud's head between the "base of the chin and the forehead". The sequence of shots were described as 1st shot, (short pause 1 to 1.5 seconds), then 2nd shot, 3rd shot, 4th shot, in quick succession. Cagle stated tht officers #2, #3 and #4 had their weapons out but he did not believe any of them fired.




Danny Fred Lane:




Lane said his attention was drawn back to Mr. Cloud's vehicle when he heard the first gun shot. Lane looked back towards the car and realized that Mr. Cloud had not been pulled from the vehicle. One officer was pointing his gun into the vehicle in a downward trajectory into the front seat. Lane said immediately after the first shot, the car began to accelerate and rev up. The officer hesitated for an instant and fired three additional rounds. Lane said he could not see Mr. Cloud's position in the car at that instant. The car continued accelerating and screeching to a point at which Lane thought the car was going to "blow up". Lane said the car never moved. The tire suddenly blew out and the car engine stopped.



Lane stated that he did not see any other officers fire their weapons and only heard four shots. Lane said that after the shooting the officers stood next to the car with their guns drawn and pointing inside the vehicle. The officers remained there for an instant and then slowly moved away.








Theodore Brown:







The officers were standing essentially side-by-side in a slight arch facing the driver's door. The second officer closest to the back of the car fired at Cloud. Brown described the officer as a male with Asian features and short black hair. Brown said he could not describe any of the other officers. Brown said four shots were fired with a short pause between the 1st shot and the remaining three rounds that were fired in quick succession. Brown stated that he saw Cloud's body first go "up" and then "over" toward the passenger seat.



Brown stated that immediately after the shooting, the officers just stood there. The Asian officer looked very pale and the other officers were looking at him in a way that Brown believed suggested the shooting wasn't right. Brown said he initially thought the officers must have seen a gun.









Shawn Daskam:







Daskam stated that once the officers had stepped away from the car, the other officer directly in-line with the driver's door, hesitated slightly and fired one shot. Daskam said that Cloud slumped over in the seat and he was no longer visible. The officer hesitated again and fried three additional shots in rapid succession. Daskam said that he believed only one officer fired.









Juan Manual "Manny" Dominguez:







Dominguez stated that the vehicle continued to accelerate and the entire group of officers stepped slightly away from the car. One officer had his gun pointed at Cloud and fired one shot, paused for an instant, and then fired three more times.




Riverside Police Department Initial Press Release (Oct. 8, 2006)



(excerpt)


The officers fired shots as they tried to take him into custody. American Medical Response and Riverside Fire Department personnel were called to the scene to render aid. The suspect was pronounced deceased at the scene.





Riverside Police Department Update ( Oct. 10. 2006)



(excerpt)


Officers told investigators they feared the vehicle would strike one or more of them if it gained traction, and that the suspect repeatedly reached for the center console of the vehicle.

According to the initial investigation, one officer fired four times; a second officer fired once. The suspect was struck in the upper torso. American Medical Response and Riverside Fire Department personnel were immediately summoned and the suspect was pronounced deceased at the scene.



The Riverside Police Department briefing before the CPRC, October 2006



The officers became more concerned about their safety they said, after Cloud freed himself from their grasp on him. The wheels of the car were spinning and turning, after Cloud regained his position in his seat. At that point, Vazquez fired four times and Johansen fired once, because they feared for their safety if Cloud was able to steer the car in their direction.







The Riverside Police Department applied for a grant which could help it do more DNA tests for "cold cases".





Portland CopWatch has announced the following forum will be held in response for the city government's failure to both hold a forum on the discussion of the recommendations in consultant Eileen Luna-Firebaugh's report, but also to allow public testimony during any "workshops" planned by the city government.

Luna-Firebaugh was retained by Portland to review the Independent Police Review and the Citizen Review Committee and submit recommendations on improving both.





For Immediate Release

February 28, 2008

Contact: Dan Handelman, Portland Copwatch 503-236-3065

Community Organizations to Hold "People's Hearing" on Police
Accountability
Action Motivated by Cancelled Forum on Portland's Police Review Board
Thursday, February 28, 2008, 2:00 PM Portland City Hall 1221 SW 4th


Representatives of various community organizations will hold a "People's
Hearing on Portland's Police Review Board" this Thursday to ensure that
City Council hears their concerns. A Council hearing scheduled to take
place on Thursday was cancelled by Mayor Tom Potter, who oversaw an
assessment done on the Independent Police Review Division (IPR). Dozens of
community members were set to testify about the report's important
recommendations, to strengthen the IPR's Citizen Review Committee (CRC)
and have the IPR conduct independent investigations. Instead, members of
the community will present their testimony at a "People's Hearing" outside
of City Hall, 1221 SW 4th, at the time originally set for the hearing, 2
PM on Thursday, February 28.

There will be a table and chairs set up for the Commissioners should they
choose to attend the hearing.

The Mayor released a statement on Tuesday indicating the Council will
discuss the matter at a "work session" in March, at which no public
testimony will be taken.

Among those scheduled to testify briefly at the "People's Hearing" will
be:


--Pastor LeRoy Haynes, Vice President of Albina Ministerial Alliance
--Maria Lisa Johnson, Executive Director of the Latino Network
--David Fidanque, Executive Director of the ACLU of Oregon
--Martin Gonzalez, spokesperson for the Justice for Jose Santos Victor
Mejia Poot Committee
--Kayse Jama, Center for Intercultural Organizing
--Carol Cushman, President of the League of Women Voters of Portland
--Dan Handelman, founding member of Portland Copwatch
--Jason Renaud, Mental Health Association of Portland
--Alejandro Queral, former Director of NW Constitutional Rights Center
--Aaron Varhola, NW Constitutional Rights Center
--Marta Guembes, community member who filed appeal on behalf of Jose Mejia
Poot


Copies of many of the participants' testimony will be available for the
press and will be delivered to City Council, the Council Clerk, and
Auditor Gary Blackmer.

Mr. Renaud stated, "the report brings important, timely information about
the operations of our IPR which should be considered publicly and
responded to immediately and publicly."

JoAnn Bowman of the NW Constitutional Rights Center stated, "The community
was promised initally that this hybrid system would be evaluated after
the first year, yet it has taken over 5 years to get a review and now the
public will not have any say into the evaluation."

Most of the participants will be available for interviews after their
testimony.

For more information, contact Portland Copwatch at 503-236-3065 or
copwatch@portlandco pwatch.org.




Orange County's Citizen Review Board in Florida will be getting its subpoena power back.




It is the culmination of a battle lasting over 2 1/2 years which began when the panel subpoenaed a deputy which resulted in a lawsuit being filed by the department's labor union. A judge recently sided with the panel so now it can compel deputies to appear before it.



The new Orange County sheriff is at odds with the deputies' labor union according to the Los Angeles Times.


(excerpt)


Three weeks after the union disclosed that its members didn't support Jack Anderson's effort to become sheriff, it has challenged his proposal to pull deputies from county jails and replace them with lower-paid correctional officers.

The Assn. of Orange County Deputy Sheriffs sent a tersely worded letter to county Executive Officer Thomas Mauk, contending that labor laws prohibit such a change without a contract renegotiation -- a step the union is unwilling to take until the pact comes up for renewal in 2009.

Anderson has said he would like to hire the first lower-paid correctional officers within six months and begin the process of phasing deputies out of the county's jails.

The acting sheriff sent a response to union General Manager Mark Nichols in which he said the correctional officer plan would save from $24 million to $34 million a year -- money that is needed to maintain public safety in the county.

Anderson encouraged the union "to work with us collaboratively in this endeavor." The letter did not address whether the contract would need to be renegotiated.




In New York City, the trial of three police detectives who shot and killed Sean Bell in November 2006 outside a Queens' nightclub continued with further testimony including from a man who said he witnessed an altercation between Bell and another man not long before the shooting.


(excerpt, New York Daily News)



Hugh Jensen said the motorist struck a menacing pose when he got out of his black SUV and began jawing with Bell outside a Queens strip joint.

"Of course I thought he had a gun," said Jensen, 31, said in Queens Supreme Court. "His actions were like he had a gun ... I don't know what he had in his pocket."

Sources identified the driver as Fabio Ciocou, who is expected to testify later at the trial of the three detectives accused with killing Bell on his wedding day - Michael Oliver, Gescard Isnora and Marc Cooper.

The detectives - part of an undercover team doing a sting operation at the Kalua Cabaret on 94th Ave. - contend they opened fire on Bell's car because they believed the groom or one of his two friends had gone to get a gun.

Bell and his buddies turned out to be unarmed.

Jensen, who had just attended Bell's bachelor party at the Club Kalua, said he believes Bell got into it with the SUV driver after the groom went back to the club to retrieve a hat he'd left behind.

"I seen Sean and some gentleman wearing all black going back and forth talking," Jensen said. "It was kind of aggressive. It wasn't a normal conversation."

Jensen said that as he and his other friends drew closer, Bell suddenly turned and shot them "a sarcastic grin." Just as suddenly, Bell stalked off to his car and the SUV driver got into his ride and slowly pulled away.

Moments later, the shooting started.

"It sounded like one gun at first, two-three shots," Jenseen said. "And then, pop pop, ratta-tat-tat, then a pause ... pop pop, ratta-tat-tat."




More information on the testimony of two of Bell's friends here.



Larenzo Kinred also testified that he's witnessed the shooting.




(excerpt, Newsday)



"I saw an officer shooting," Kinred finally said, dabbing his eyes with a tissue.

Questioned by executive assistant district attorney Charles Testagrossa, Kinred said that as he approached Bell's car, which had collided with a police van, he screamed out at the cop who had been firing.

"What are you doing?," Kinred said he yelled.

"Get the --- off the block," the officer replied, according to Kinred.

The $800,000 shooting

"He was shot with no warning."

---Theresa Cloud, addressing the CPRC




The lawyers who represented the family of Douglas Steven Cloud issued a release that the law suit filed in connection with the November 2006 fatal officer-involved shooting of Cloud by two Riverside Police Department officers has been settled not long after depositions were taken of the officers involved as well as other witnesses.

The price paid by the city? About $800,000.

This settlement dwarfs the $395,000 paid out on the lawsuit filed in the 2005 fatal shooting of Summer Marie Lane and is likely to be considerably higher than the settlement about to be finalized in a lawsuit filed in relation to the 2006 fatal shooting of Lee Deante Brown. Did the city settle because of anticipated litigation costs or did it settle because it feared the dollar value might go higher if the case went to the CPRC first?

And that's what is so interesting. That the city finalized the settlement not long before the Community Police Review Commission was finally briefed by its own investigator, Butch Warnberg almost 18 months after Cloud was shot by Officers David Johansen and Nicholas Vasquez. They shot him not long after he crashed his car into a truck and knocking down a small palm tree, which wedged under his smashed vehicle after fleeing a shoplifting incident at a local business.



Summary of the shooting from Warnberg's report:


Date: Oct. 8, 2006

Time: 4:18 p.m.

Place: Home Depot 3323 Madison St.



Riverside Police Department officer, Jeffrey Putnam was arresting someone at the Home Depot store when he saw Douglas Steven Cloud running through the parking lot while carrying a large box and being chased by store employees.

Cloud had entered into the store and left with a paint sprayer valued at $298 without paying and then ran from the building. He was pursued by several employees and customers. Putman and other store employees watched the activities including a fight and Cloud fleeing the parking lot in his car.

An employee and two customers tried to detain Cloud while another individual grabbed the paint sprayer from his car. As Cloud backed his car out, a man fell in his path. An employee pulled the man to safety, narrowly missing contact with Cloud's car.

Cloud then drove west-bound at high speeds down Indiana. When he reached Jefferson Street, Cloud lost control of his car and hit a truck in front of a dealership.

The sales manager of the store and multiple employees and other people watched the accident from different locations. Cloud's vehicle sheared off a palm tree and experienced severe damage. It was pinned on a palm tree and appeared stuck. The sales manager, Fred Cagle, ran to the driver's side and talked to Cloud to assess his injuries.

Meanwhile, Putman had broadcast the theft as a 211 or robbery and provided a description of Cloud's car. Within minutes, Officers Brett Stennett and Nicholas Vasquez arrived at the crash site. Officer David Johansen then arrived as did Officers Eric Meier and Brian Crawford. They ran and approached the driver's side of Cloud's car. Eleven officers in total arrived at the scene within seconds of one another. Cagle and other witnesses stepped away but continued to watch what was taking place.

Officers initially ordered Cloud to leave the vehicle at gunpoint. When he either refused or was unable to obey, officers reached inside and in a hands-on manner, attempting to pull Cloud from the vehicle through his window. A struggle resulted. During it, the engine stated to accelerate. As the car was in forward gear, the driver's side rear tire started to spin tossing up dirt and other debris.




The struggle lasted seconds. Cloud was released or broke free, the vehicle accelerated but couldn't move and debris was flung up. Vasquez drew his weapon and fired four times. Johansen fired his weapon once. All five shots hit Cloud and he died at the scene.



More information on the Cloud shooting here.

More to come here as well.



Settlements and Trial Verdicts for wrongful death/excessive force cases:

Tyisha Miller (1998) $3 million

Douglas Steven Cloud (2006) $800,000

Hector Islas (1997) $790,000

Derek Hayward (1994) $715,000

Jose Martinez (1997) $550,000

Riverside's emergency vehicles will be able to control the traffic signals in all the city's intersections.





More information on Riverside's plans to not seek future annexations. I guess Riverside's city council has finally figured out the city's coffers can't afford providing infrastructure including public safety for these areas. How it will handle the annexations that are already planned as it's cutting its budget citywide in any department covered by its general fund remains to be seen.

Some residents living in some of the areas in question couldn't be happier about the news that they aren't set to be part of Riverside.



(excerpt)



The largest potential annexation on hold includes 5,044 acres between the city's southern border and Lake Mathews. Cindy Ferry, who lives near Lake Mathews, said she is glad the city is backing off.

She wants to keep the city's borders as far away from her 7 acres as possible, she said.

"If the city is pulling back on trying to annex this area, it couldn't please this community more," she said. "We are rural people that can't live in the city. We need elbow room."

Ferry said she treasures her rustic lifestyle, raising her own cattle, rabbits and chickens for food. She doesn't want the sidewalks, sewers, curbs and streetlights that come with city life. Her roosters crow at 3 a.m. and she likes that they don't disturb neighbors.

"I will fight to keep this area rural as long as I am alive and here," she said.




That of course wouldn't be possible if her neck of the woods was added to Riverside, where the word "rural" has become a four-letter word.





Orange County Sheriff's Department will now have a civilian review agency overseeing it, according to the Los Angeles Times.


(excerpt)


The plan, put forward in May by board Chairman John Moorlach, creates a review board modeled on one used in Los Angeles County to take citizen complaints, investigate deaths and serious injuries involving Sheriff's Department personnel, and examine all deaths in custody.


The board voted to move forward with the idea last spring, over the opposition of then-Sheriff Michael S. Carona, Dist. Atty. Tony Rackauckas and the union representing sheriff's deputies.

But over the last several months, opposition was winnowed down. Carona left office after his indictment on federal corruption charges, and his replacement, acting Sheriff Jack Anderson, has supported the plan.




The detective who fired first never identified himself as a police officer.

These were the words of one of the dancers at the Queens night club as she testified in the trial of three New York City Police Department officers who were charged in the onduty shooting death of Sean Bell.

And so went day three in the bench trial while protests took place outside the courthouse.



(excerpt, New York Daily News )


"He was standing in front of the minivan with the door open," Marseilles Payne testified in Queens Supreme Court. "I saw the fire, like three times. Then I turned and I ran."

The gunman was NYPD Detective Michael Oliver, who is on trial with two other detectives for killing Bell in a 50-bullet barrage outside a seedy Queens nightclub.

Asked if she heard anyone yell "police" before the shooting, Payne answered, "No, I didn't hear nothing."

"Once I got into the bushes, I squatted down and put my head in my arms and I waited for the gunshots to stop. There was a pause. I thought the shooting was over."

Then, she said, "The gunshots started again."





Juan Gonzalez, a columnist with the New York Daily News discusses the testimony of Marseilles Payne, who knocked holes in the defense's version of events as well as those provided by the police department after the shooting.

In her account, the officer who fired his gun first was also the one who more than half the bullets. And that was Det. Michael Oliver, not the one listed in department accounts who was Det. Gescard Isnora.



(excerpt)



The account she gave of the moments leading up to the death of Bell and the wounding of his two friends on the morning of Nov. 25, 2006, starkly contradicts the official police version. It also contradicts the story put forward by the cops' lawyers.

Her testimony was filled with vivid details, and defense lawyers for the three cops seemed unable to shake her in their withering cross-examination.

If they are to win, they must demolish her story and credibility when they present their case.

It won't be easy.




Andrea Peyser, columnist for the New York Post questioned Payne's testimony including her unwillingness to cooperate initially with police investigators.


(excerpt)


She left the club and a man, who turned out to be a cop, tried to pick her up for money. But Trini, who might have recognized the man as a cop, said, "I don't do dates."

Then, she saw a car crash into a minivan. Then a man got out of the van's passenger door.

"He just started shooting," she said. She started to cry.

At one point, she claimed the gunfire went on for "minutes," in which she ran into some bushes. After a three-second pause, it started again. "I just dropped down and put my head between my legs."

Then she ran back to the club, and screamed, "They're shooting down the block. They're killing those boys!"

But it became clear under cross-examination that Trini never wanted to cooperate with authorities.

"I didn't need to get involved. I'm a single mom! I wanted to get out of this neighborhood. I don't need this drama in my life! . . . I'm the one suffering! Me and my kids.

"This is causing me so much pain. But I decided to tell the truth and do the right thing."





Former Bolingbrook Police Department sergeant, Drew Peterson will get all his possessions back. He's also going back to New York for another appearance on the Today show.

This is taking place as his sons receive subpoenas to appear before the grand jury.

And the winner is...what did I win?

**Update**Former Canton Police Department officer convicted of murder gets life sentence.




The city council interviewed two applicants to fill the Ward Five vacancy on the Community Police Review Commission after another one, William Warrick dropped out of contention deciding that he actually did not have enough time available to serve on the commission.

First on deck to a full house that included the city council, Mayor Ron Loveridge and City Attorney Gregory Priamos, was retired Air Force Officer Kenneth I. Rotker who seemed very well prepared having reviewed the CPRC's library of materials including consultant Joe Brann's recent report on its operations.

Rotker said that he wasn't bringing an agenda either way to the process but that it was important for the commissioner selected to exercise mature judgment and integrity while serving on the panel.

Rotker insisted he was not a "torchbearer" for either side of the issue.



"I am not that guy," Rotker said.




He added that he believed that law and order was important but that civil rights and due process were as well. One of the major issues with the CPRC in his opinion, was its outreach or rather shortage of it.

The members of the commission weren't "judges" but "nine people trying to improve a city".




Rotker is well known already on another front. Last year, he was the one who was very vocal on complaining about the electric rate hikes that had been passed by the city council in 2006.




Next up was former Corona Police Department officer and current Riverside Police Department volunteer, James T. Mott.

His focus was on "bringing a line officer's perspective to the commission" and giving commissioners some idea of what goes on in the streets, apparently not knowing that the commission includes one active police officer, two former law enforcement officers and one former corrections officer.

He believed that the commission existed to serve as a "buffer" between the city's residents and the police department and as a "neutral" body.


After he left, the city council and Loveridge cast their paper votes with no discussion and voted 8-0 to appoint Rotker to fill Jack Brewer's vacancy on the commission. Pending a background check, he will be the newest addition to the CPRC.






The Community Police Review Commission finally gave its long overdue annual report. If you remember all the way back to March of 2006, then you will remember the last time this commission appeared to the city council to give its annual report on its activities of the past year.

Chair Brian Pearcy presented the report for both 2006 and 2007 before the city government, including several who would ask him questions. He praised his fellow commissioners singling out Jim Ward, the commission's only African-American, for praise while at the same time making it appear as if his views were "controversial". If that's the case and it's needs to be noted that he's an "other", then it portrays the rest of the commission as more homogeneous in its thinking which may or may not be the case.


Pearcy said that complaints had decreased in 2007, numbering 45 with about 94 different allegations filed.

He also pushed for more officers to embrace their digital audio recorders as important tools to exonerate them from false allegations and to provide further evidence in many complaints where it often became a "he said, she said" situation. He even encouraged possibly expanding the policy to include recording more professional contacts with the public and at least, for the department to encourage its officers to use the devices more often.

Pearcy said that the training of sergeants outside the department's internal affairs division needed to be more consistent when it came to investigating complaints filed with the CPRC and the department. The commission had stated in numerous annual reports that the investigations conducted by field sergeants included some problems including the tendancy to ask leading questions in their interviews with officers.


Goals for 2008 included expanding outreach and hopefully, receiving more staff support from the city.


"We'll go if we're asked. Come if we're invited," Pearcy said.




After talking about this, Pearcy attracted a great deal of attention and interest when he moved on to his next topic, which was to encourage creating a commission which truly represented the diversity of the city it served. Pearcy said that the perception was that gender was well represented as was "sexual preference" but that the ethnic and racial identity was not perceived as being representative of the city's demographics by community members who addressed the commission.

But Pearcy, a former Los Angeles Police Department officer, said that there was another area of diverse representation that needed to be addressed and that was the balance of law enforcement currently on the commission. He said that only two out of nine members on the commission had no law enforcement connections or background experience. This led to the perception that the majority of the commission was "pro-police" or connected with law enforcement. He asked the city council for future commission appointments that more reflected the diversity of Riverside.


Here's the current breakdown of the CPRC:


By ethnicity/race and gender:


One African-American man

One Latina

Five White men

Two White women




By law enforcement background/connections:


One current police officer

Two former law enforcement officers

One former corrections officer

Two members with immediate relatives in law enforcement including one with a relative in the Riverside Police Department

One member who manages a company with a public safety contract with the city.



His comments were quite a turnaround from the rebuking that's been given out by several White commissioners to any comments about the commission's diversity or lack of it in several areas. A bit surprising to say the least but the commission's become less ethnically and racially diverse than the police department.


Pearcy's comments are sure to elicit some discussion and it's been the first time that the commission has publicly said that the representation of law enforcement on it is overrepresented. But as long as the city council and mayor lean towards interviewing candidates from law enforcement backgrounds and fewer candidates of other backgrounds, then the odds go up that the candidates with law enforcement backgrounds will continue to get the edge. And as long as this happens, community members will say that there's not much difference between the commission of mostly current or former police officers making the decisions and the police officers inside the department.

One council member, Nancy Hart actually asked who else would be qualified to serve if they didn't have a law enforcement background, but the answer to that are people from a wide variety of backgrounds including business, educational, legal and medical as well as others. The commission is supposed to be reflective of the community it serves and the city of Riverside includes people from a wide variety of backgrounds by race, gender, sexual orientation, religion, age, economic status and careers. It's nice to see that the commissioners realize that as well and that the chair was willing to say it in a public forum.

Anyway, the commission is asking for diversity in terms of ethnicity and race and aside from law enforcement. What it received yesterday was a White man but at least his background's a bit different.





The fallout continues in the wake of an incident where Colton City Manager Daryl Parrish and one of his assistants denigrated members of the Chambers of Commerce calling them "chamber monkeys".



(excerpt, Cassie MacDuff's column, Press Enterprise)



At last week's council meeting, several people offended by the e-mails demanded the resignations or terminations of Parrish and Assistant City Manager Mark Nuaimi, who also wrote a derogatory e-mail.

Both men apologized publicly. But that didn't put the matter to rest.

Longtime Chamber of Commerce ambassador Fred Cordova said he and his wife were personally offended and wanted personal apologies.

Others suggested the officials' pay be docked.

The council agenda called for a closed-session discussion of Parrish's performance and the discipline of a public official.

Councilman Richard DeLaRosa promised the two managers' improper e-mails would be dealt with that night.





St. Cloud, Minnesota has named its appointments to several of its boards and commissions including the Police Citizen Review Board.







Cincinnati Police Department officer, William Simpson has admitted to two counts of sexual battery.


The incident began when Simpson responded to a domestic violence call.



(excerpt, WLWT)



By the time Simpson arrived, the man had left, and investigators said the officer took the woman to the clerk’s office to file burglary charges against her ex-boyfriend.

Simpson told the woman he would photograph her injuries, and authorities said the woman asked Simpson to find a female officer to take the photos.

Simpson refused, took the photographs, made sexual comments to the woman, held her wrists and sexually assaulted her, according to investigators.








The Derry Journal did this story on the issue of using CS spray in Derry, Ireland which is becoming more frequent during arrests.





Baltimore's police department might stop its practice of releasing the names of police officers involved in onduty shootings, according to the Baltimore Sun.



(excerpt)



A police spokesman had said in an e-mail to The Sun over the weekend that the policy change would be formalized soon. But after The Sun confronted Mayor Sheila Dixon about the issue yesterday, her staff said she had not been briefed on the matter. Her aides said the change is not imminent and would be thoroughly vetted.

In an interview, Dixon said: "I will follow the lead of our Police Department. I think the police officers have to protect themselves."

Last year, police officers shot 31 people, killing 13. This year, police have shot three people, killing all of them. Police had declined for weeks to release the names of officers in two of those shootings that occurred since Jan. 30. Clifford released the names Sunday, saying it would be unfair to impose a new policy retroactively.




While the decision that might change the way information is released has elicited a lot of attention in Baltimore, the Riverside Police Department's decision not to release the name of an officer in a recent nonfatal shooting was a lot more quietly done. This latest procedure contradicts the fanfare made by the department after two fatal onduty shootings by officers in late 2006 and a nonfatal shooting last year that in the interest of transparency, it would be releasing the names of the officers involved. Publicly saying one thing and quietly doing another.




This in from the City of Cincinnati.



The Cincinnati Police Department has requested the assistance of the
Citizen Compliant Authority (CCA) in looking for a law enforcement
agency with a policy that addresses officers asking passengers for
identification during routine traffic stops outside the realm of
Terry v.Ohio. This policy will be tailored to the specific issues
involving our community. The Rand Corporation (3rd annual report can
be viewed on CCA's website) has been working with our community for
three years and in its' third annual report made the following
recommendation:

Specific guidelines be developed to determine when officers should
run ID checks on vehicle passengers who have not, themselves, been
observed violating any law. We also suggest that these guidelines
reflect the inconvenience to law-abiding passengers that result from
an ID check, as well as the low proportion of arrests that can be
attributed to these checks(p. 61-61)

I thank you in advance for any help that you can provide.

Ken Glenn
CCA Director
(513) 352 1600
kenneth.glenn@ cincinnati- oh.gov










In New York City, Sean Bell's father testified in the trial of the four men charged in the shooting death of his son.



(excerpt, New York Times City Room)



William Bell had joined his son at the strip club, Club Kalua, for the bachelor party, and left between 3:30 and 3:45 a.m., he testified under questioning from Charles A. Testagrossa, an assistant district attorney. Sean Bell was killed around 4:15 a.m.

The father went back to the family’s home in Far Rockaway, Queens, but received a call a short while telling him that his son was at Jamaica Hospital Medical Center. He quickly left for the hospital, arriving around 5 a.m. It was not until six hours later that he finally saw his son — dead — in the hospital morgue.

Under questioning from Anthony L. Ricco, a lawyer for Detective Isnora, Mr. Bell said he went to the club to keep his son company at his bachelor party, and that it was not a place he would usually go to.

Asked if he had planned to leave quickly, William Bell replied: “I didn’t leave as fast as I thought I would. I was spending time with him.”

Mr. Ricco asked William Bell if, upon parting ways with his son, he had thought it might be the last time he’d ever see him.

“No, you never think that,” the father said.



How much alcohol did Bell drink that night? This question and others were asked witnesses who worked in the night club where Bell attended a stag party just before being shot and killed.



A New York Daily News columnist writes about the trial by judge taking place with the Sean Bell case.



Proof not passions must determine the outcome of the Bell trial, states the New York Daily News Editorial Board. Another columnist from that publication asks whether a jury is necessary for justice.


Louis ponders all the conversations he's had with the principals in the case since five officers shot and killed Bell in November 2006 as he was leaving a night club in Queens with two friends who were injured.



(excerpt, New York Daily News)



My colleague Juan Gonzalez broke the story of police conducting raids all over Queens in a frantic attempt to find a mysterious "fourth man" with a gun whose alleged presence with Bell, Benefield and Guzman was supposed to have justified the shooting.

That phantom gunman turned out to be a friend of Bell's named Jean Nelson - unarmed like Bell and the others - who stopped by the club and ended up running for his life when the plainclothes officers began firing.

"I thought they were trying to kill us all," he told Gonzalez.

The cops took some unfair hits, too.

Malik Zulu Shabazz, a press-hungry provocateur from Washington, led a band of angry, undisciplined followers from his New Black Panther Party to confront cops and shout obscenities at them. It was a bit of cathartic nonsense that accomplished nothing.

Oliver, the detective who fired 31 shots on that terrible night, was lambasted in the press for having a big night on the town, racking up a $4,200 dinner bill for a party of four shortly after learning he would be indicted. That extravagant personal decision has absolutely no bearing on whether Oliver should be sent to prison for manslaughter.

Tomorrow, in a courthouse on Queens Blvd., the next act of the drama will begin when Justice Arthur Cooperman gavels the trial to order.

Out on the boulevard, the jury will be watching.

CPRC 2008: The candidates

The city council will be engaging in several duties involving the Community Police Review Commission today.

Up on deck first, are the interviews it will be conducting with three candidates to fill the Ward Five vacancy left on the CPRC after Jack Brewer termed out after eight years. Two out of the three candidates have law enforcement experience either in the civilian or military areas. The third, is a candidate submitted by Ward Five Councilman Chris MacArthur which gives him an edge in the selection process before the interviews even begin.

The three candidates set to be interviewed at 1 p.m. are the following. Included are excerpts from their applications.




William Warrick, retired from a company which built houses and apartments.


"As a long time resident of Riverside, I am concerned about the direction that the current Police Review Commission [sic] is pushing the Police Department."




James T. Mott, retired police officer


"I feel that it is important for a person to be active in the growth of their community."





Kenneth J. Rotker, retired Air Force


"I believe in my 33 years in leadership and/or managerial positions gives me the maturity, judgment and integrity to successfully serve as a commission member."



Each candidate will be interviewed by the mayor and city council for about 10 minutes. They will walk in the conference room and answer a list of questions to provide information about their background and why they want to serve. Then each elected official will ask them at least one question that's more specific. It may or may not be the same question that is asked of all of them. Sometimes the questions are useful and insightful and other times they are not. Given that there are three new city councilmen on the dais, it will be interesting to see the quality of questions asked this time around, especially considering that one of the councilmen is a former CPRC commissioner.


Based on the above excerpts from their applications, who do you think has the edge? It will be interesting to see how the interviews play out.

After the interviews are done, the city council and mayor may discuss the candidates for a short period before submitting their selections through paper ballot which the mayor or mayor pro tem reads at the end of the voting period. The rules are that if all eight elected officials are present, each candidate needs at least five votes to be appointed. If less than eight officials are present, then they will require at least four votes. Whoever receives the most votes under these guidelines is selected. There may be more than one round of voting depending on the number of applicants to select from and how the votes go down.

If I were to pick one who has the best chance of being appointed, I'd go with Warrick. Unless he blows his interview, it's pretty much his competition to lose.

The interview process is interesting to watch as is the final selection process. During the past seven years of the CPRC's existence, these sessions have been a good place to either see sound decision making practices or political agendas put on display.

Other interviews taking place today including those with candidates applying to serve on the Planning Commission and the Board of Public Utilities. During the Mayor's Nomination and Screening Committee, Councilman Steve Adams, who often is the winner of the Golden Tongue Award for his never mundane sound bytes, roared about it being important to have integrity to serve on the Planning Commission and two of the applicants (otherwise known as those individuals who ran against him for his council seat in 2003 and 2007) didn't have any. There's another name for what Adams did, but it was interesting seeing how little reaction there was at the committee to Adams' outburst. But then what can you expect, considering some of the comments which have become commonplace from the dais these days? It's become part of their operational culture, something that was addressed by a hired consultant in Colton's case.

That said, perhaps it's time to start a fund to hire that great consultant in dais demeanor who is being such a good assistance to what has been called Colton's dysfunctional situation. This individual could be a great boost to addressing Riverside's own situation. As noted in Cassie MacDuff's column, the consultant observed that the Colton City Council was engaging in some behaviors that are being copied or perhaps Colton's copying from some elected officials on Riverside's very own chambers of power.

But in Riverside, there are elected officials who are very well-behaved and then there are some who are a bit boisterous and somewhat immature in their behavior.

Perhaps what's simply needed is an estrogen infusion on the dais to offset a dais that's nearly all men. Something to think about during the next election cycle.



The city has Councilman William "Rusty" Bailey and others to thank for the CPRC finally presenting its annual report for the first time in nearly two years. One would think that after the panel finally released its first written annual report in 18 months last autumn that those at City Hall in a certain office would have been all aglow, excited and would have rushed off to put it on the agenda for a public accounting in a timely matter. Alas, that of course didn't happen. It took some inquiries among those who are their direct bosses to find out the reason for the delay and to get it the attention and time that each and every commission deserves but most don't have to insist upon and can take for granted will be there for them.

It's ironic that the city manager who was fired by four members of the city council didn't experience nearly the same degree of problems handling the CPRC as the city manager who received the high pay raise from the city council last year. Interesting indeed as well.

However, in his corner George Carvalho had the classy and talented Penny Culbreth-Graft, a former Riverside assistant manager, who later would be hired as head administrator of Huntington Beach, which is a big step up in anyone's career trajectory. That makes all the difference.




The Riverside Unified School District will face severe cuts to its staffing and budget, according to the Press Enterprise.

About 319 full-time positions have been eliminated and about $26.6 million in cuts have been made to the budget. A deficit in state funding is one of the major reasons for the lost positions. Under the current governor, public education is taking a huge hit.



(excerpt)



Today, the school board may vote to close Grant Elementary School, the district's smallest grade-school campus, and take more budget-trimming actions such as eliminating its SAT preparatory classes and the Riverside Virtual School, the district's online instructional program.

"If we're really going to do that, they need to know that as quickly as possible," board president Chuck Beaty said.

The cuts come in response to an anticipated decrease in state funding.

Monday's announcement came after the school board voted on Friday to trim its teaching and other certificated work force by 10 percent, its managerial staff by 11 percent and the number of classified positions by 6 percent.

The board also voted Friday to reject a tentative deal giving teachers a 6 percent raise in salary through June 2009.

"Our feeling is we're going to hold them accountable to the tentative agreement," said Mark Lawrence, head of the Riverside City Teachers Association, the local teachers union. "We may have to go back to the table but we could end up in an impasse very quickly."




The announced budget cuts strike a blow to recommendations to increase arts and music classes, among the areas where cuts were made.





A Riverside County Superior Court judge ruled that District Attorney Rod Pacheco did not act improperly when he sought the death penalty after a defendant in a murder case about four years after the fact.


The state's highest prosecutor joined in with Pacheco.



(excerpt, Press Enterprise)



The state attorney general's office joined Riverside County prosecutors in opposing Grech's motion.

"We just don't have any showing that ... there is a connection or improper influence" to Pacheco's decision, Supervising Deputy Attorney General James D. Dutton argued before Wesley. "The evidence shows there wasn't."





The latest chapter in the Hooters saga is in this column by Dan Bernstein.



(excerpt, Press Enterprise)


It may seem perplexing to now introduce "Hooters" into our discussion of Decision '08, but democracy as envisioned by our president is a yearning that appeals to all appetites.

The roots of this democratic movement reach back to 2007, when a retired Riverside police officer, Audrey Wilson, advised me of a new restaurant that served as a venue for periodic family reunions. This is a restaurant chain whose mission, apparently, is to heighten public awareness of a certain endangered species of owl. Likenesses of these owls -- known, evidently, as hooters -- gaze out at customers in a swollen, bug-eyed, seemingly panicked state of endangerment.

These bug-eyed hooters, I add for the benefit of environmental novices, gaze out at customers from drastically shrunken T-shirts worn by young women who, apparently, will do anything to save this owl -- even haul mounds of chicken wings to tables populated by environmentally sensitive gentlemen whose pupils dilate to a size comparable to those of endangered owls when the dedicated young women approach.

It was during a family reunion that the retired police officer's gaze strayed from the bug-eyed owl to the large print on the hopelessly shrunken T-shirts. "All the T-shirts worn by the employees and those for sale are ablaze with 'HOOTERS Moreno Valley,' " she informed.




After over 1,000 ballots were collected, the winning name was "Hooters Riverside" so coming to you soon may be an official resolution passed by the city council designating Riverside with a new title, "City of Hooters", to add to its growing collection.





In Canton, Ohio, former officer Bobby Cutts, jr. asked for his life to be spared after being convicted of the murder of his pregnant girlfriend.







The trial has started in New York City involving three police officers charged with the killing of Sean Bell, with both sides vastly different portrayals of the November 2006 shooting, according to the New York Times.



Sean Bell's fiancee, Nichole Paultre-Bell took the witness stand.


(excerpt)


After the opening statements, Mr. Bell’s fiancée, Nicole Paultre Bell (she took his last name after his death), took the stand. She recounted how she had met Mr. Bell in high school. Their wedding date was close to anniversary of the date he met her parents, on Nov. 23, 2000. On the night of his death, Ms. Paultre Bell recalled, she was sleeping at her mother’s house when she was awakened by her mother.

“Can you tell us where you saw him and what was his apparent physical condition?” asked an assistant district attorney, Peter T. Reese.

Ms. Paultre Bell, crying, replied, “He was in the morgue.”





Paultre-Bell testified about the day before her wedding, which was the last time she saw Bell alive.



(excerpt, New York Daily News)



"He dropped me at my sister's so we could attend my bridal shower that evening," the 23-year-old mom said. The bachelor party, she said, had been a "last-minute thing."




The full day recap is here.



In the New York Post, Columnist Andrea Peyser provides her take on the trial. Peyser raises the argument that might hold more water if the trial was being heard by a jury of 12 individuals and not a single judge.

She also compares the Bell case to the earlier trial of the officers who shot and killed Amadou Diallo nearly 10 years ago.



(excerpt)



The Bell case also differs from Diallo because none of the officers, including a white man, Michael Oliver, is charged with murder.

Oliver released 31 of the 50 shots fired, and Isnora 11 shots. Both are charged with manslaughter and reckless endangerment. Cooper, who got off four shots, faces two lesser charges of reckless endangerment. Two other officers involved in the shooting were cleared.

This disappointed Sharpton, who stated, "It was short of what we want."

Still, no reasonable person would conclude that the officers set out on the night of Nov. 25, 2006, intending to slay anyone, least of all a man just leaving his bachelor party.

But this trial will test the ability of one judge, Arthur Cooperman - who is deciding the case without a jury - to withstand intense pressure.

I don't expect the cops to walk. Not this time.

Let's hope justice prevails in Queens.

Just another Monday morning and first day of trial

Oscar night and few surprises. Tilda Swinton, from Michael Clayton was one of them in the best supporting actress category, but the night played pretty close to form for most the awards. And the outfits? Well, they certainly didn't disappoint.

Awards were being given out elsewhere.

And the title for the best tasting water goes to...this city. It's not Riverside but geographically, it's at least in the same area of the country. As of yet, there's been no announcement of the best and worst dressed at that award ceremony.



The Riverside City Council is trying to enter into another MOU with a freight train company, this time with Burlington Northern Santa Fe Corporation. Under the agreement, BNSF has to agree not to park or stop its trains across major thoroughfares in Riverside. The earlier MOU between the city and Union Pacific Railroad that was ironed out in August 2007 not to block railroad crossings hasn't worked out too well. The report calls it a success, but if past efforts were so successful, why would the city then threaten to levy fines of $100,000 and greater at Union Pacific?

Magnolia Avenue's parking lot hasn't been so bad lately although the Riverside Avenue crossing's seen some trains choosing to stop there. Another favorite location to block according to witnesses is near Olivewood.




The next meeting of the Board of Library Trustees will be held on Monday, Feb. 25 at 4:30 p.m. in the public library downtown. If you're interested in the planned expansion and renovation of the library, you should probably attend these meetings. There's been a lot of comments by city residents at recent meetings opposing the combining of the library expansion and renovation with that involving the museum downtown. The city's most likely waiting for the din to die down before going ahead with its plans so it's important to stay involved in this process.




Colton's city government's been busy taking etiquette lessons from a hired consultant on how to behave during its meetings but the mayor still has time to file a complaint with the San Bernardino County District Attorney's office, according to the Press Enterprise.

Mayor Kelly Chastain's challenging the validity of signatures taken in a recall effort against her.



(excerpt)


At issue, Chastain said, are claims that some signature collectors misrepresented the recall issue and confused people by seeking signatures on a statewide petition on parental consent/abortion at the same time as the recall petition.

Chastain said she has heard complaints from several constituents that signature collectors weren't truthful.

"They're getting signatures under false pretenses," Colton resident Jamie Rivera said. "A woman came to my home and asked me to sign petitions against teens under 14 having abortions without permission and then bringing the utility tax down. Not at any time did she say it was for a recall."




As for Colton's consultant on dais demeanor, perhaps it's time to start a fund so that he'll drop by Riverside some time and provide some insights about the Riverside's city council meetings.





The poll question involving the Community Police Review Commission and its relationship with City Hall is still here. Coming up will be a briefing from the CPRC's investigator on his investigation into the fatal officer-involved shooting of Douglas Steven Cloud. This briefing will come approximately 16 months after the shooting took place in Casa Blanca. It's likely that the department and the city manager's office have already made a decision on the outcome of this shooting so the process before the CPRC is pretty much just for show. The city is even finalizing its financial settlement with the Cloud family which filed a law suit in U.S. District Court, a process which likely will be completed before the CPRC has completed reviewing this shooting and issuing a finding of its own.

It's interesting that the city didn't wait until the CPRC had processed the Cloud shooting before deciding to settle. Was this because the case itself has taken so long to wind its way through the labyrinth or is it for other reasons? It's anyone's guess because the city's official explanation for paying out on wrongful death lawsuits is that it's to save the costs and hassles of further litigation. Litigating a case especially if it goes to trial is indeed expensive. However, losing a case as amply shown by the case of Officer Roger Sutton, is much more expensive. As a result, a city may want to settle a case before it gets more expensive to do so.






Will Lake Elsinore get its Metrolink train? That question is being asked but as of yet, there's no clear answer. That city dug up most of its railroad tracks years ago so it would need to construct new ones to make bringing the commuter train service to town possible.







The first day of the trial of three New York City Police Department officers who shot and killed Sean Bell and wounded two of his friends in November 2006 is set to begin in Queens today. After the officers lost their appeal for change of venue, they opted for a bench trial meaning there will be no jury selection.


Bell's daughter is still waiting for her father to come home.



(excerpt, Newsday)



"It hurts. She doesn't understand," Nicole Paultre Bell, mother of the late Sean Bell's daughters Jada and Jordyn, 20 months, said in a telephone interview last week. "She's still looking forward to him walking in the door one day. It's hard knowing these two little girls have to grow up now without their father."


The prosecution has opened its case against the three police officers in front of presiding judge, Arthur Cooperman.




(excerpt, New York Daily News)



The Police Department undercover operation that culminated with the 50-shot barrage that killed an unarmed bridegroom was "haphazard at best," a prosecutor said Monday as three officers went on trial.

The hail of gunshots outside a strip club killed Sean Bell, who had been at a bachelor party on the night before his wedding, and wounded two of his friends. The shooting has sparked protests and debate over excessive force and police conduct in New York City.

Assistant District Attorney Charles Testagrossa said in his opening statement that one of the three undercover officers failed to display his badge and wait for backup before confronting the three men, and gave contradictory orders to Bell and his friends.

Testagrossa was referring to Detective Gescard Isnora, who fired 11 of the shots during the Nov. 25, 2006, incident.

The detectives waived their right to a jury trial after an appeals court turned down a defense bid to move the case out of New York City. State Supreme Court Judge Arthur Cooperman is hearing the case by himself.

Defense attorney James Culleton said in his opening: "While clearly this was a tragedy, no crime was committed."





In New York City, Barbara Sheehan who is accused of killing her husband, a former New York City Police Department sergeant is alleging that he terrorized and abused her, according to the New York Daily News.



(excerpt)


"No question, the abuse was substantial, violent," said Dowd, a lawyer well-known for defending suspects who kill their abusers. "He terrorized her," Dowd said after interviewing Sheehan at Rikers Island.

Raymond Sheehan had responded to murders, domestic violence assaults and all manner of mayhem in 20 years with the NYPD. His former cop colleagues said the "nice guy" and family man whose wife called him several times a day at work gave no signal there was trouble at home. Neighbors say Raymond Sheehan was a kids' sports coach and active in his church.

Cops have no record of prior domestic violence reports at the couple's 158th Ave. home, but Dowd said that's not surprising.

One former colleague said he was torn between attending Sheehan's funeral Saturday, and "paying respects to a possible wife beater."



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Etiquette lessons for Colton, but what of Riverside?

The situation with the Colton's city council manners is so bad, the city's hired a consultant to teach it how to behave at its public meetings. Cassie MacDuff, a Press Enterprise columnist laid it all out and what will happen next. Some folks reading her column will experience what is commonly known as deja' vu. And not just in Colton.


Here were some observations made by the hired consultant after observing several meetings and some suggestions for fixing things.



(excerpt, Press Enterprise)




After helping the council identify leadership traits -- respect, trust, honesty -- Mathis spelled out ways the council sabotages itself.

First is going off on tangents when discussing action items -- the way spouses unload laundry grievances when discussing whose turn it is to make dinner.

"Trading insults -- you guys are really good at that one," Mathis said.

Second is a habit of eye-rolling, exchanging looks, passing notes and other behaviors that show they're not listening. "Quite often it's when the public is talking to you," Mathis said.

Council members agreed they could do a better job of keeping poker faces.

Third is not allowing others to finish their ideas.

Council members seem afraid they'll forget what they want to say if they don't blurt it out immediately, Mathis said. He suggested jotting notes of points they want to make rather than interrupting colleagues.

Treating each other with respect will improve the way the public treats the council, Mathis suggested. He also suggested it's counterproductive trying to answer every criticism leveled by the public during meetings.

He asked council members to show an improvement before his next workshop in March.





Wait just a minute there. Aren't the examples of the counterproductive and dysfunctional behavior that this consultant noted from the Colton City Council awfully similar to the behavior exhibited by some individuals in Riverside's own governmental body?


Let's go through each of the observations one by one.


Trading insults at each other. That has happened in Riverside although it's gotten a bit quieter on that front.

Eye rolling, exchanging looks and other behaviors that make it clear that the city council is not listening. Not surprisingly, the consultant noted that most often this behavior by elected officials was noticeable when members of the public are speaking. Does this happen in Riverside? Yes it does. Some roll eyes, sigh and sink back into their chairs if they don't like what a person is saying or .

Not allowing other elected officials to finish their thoughts before jumping in was another behavior noted. Yes, this occurs often in Riverside and with some elected officials more than others on the dais.

And last but not least, the observation was made that it's counterproductive to answer every criticism leveled by a member of the public. This is definitely true in Riverside even and maybe especially during an election cycle.


Yes, all this has happened in Riverside as well as Colton, much of it on a regular basis. The one difference is that the elected body in Colton apparently had some sense that its own behavior was both counterproductive and dysfunctional hence its decision to hire the consultant to fix it. In Riverside, the same behavior's simply seen as business as usual and some individuals on the dais apparently believe that behaving in the way that Colton's consultant believed was counterproductive and dysfunction, simply shows what effective leaders they are to members of the public, television viewers and voters in whatever seat is up for election at any given time.


There's no reason why Riverside's elected officials are any less intelligent or less capable than those of Colton to see what an outsider hired by the latter city saw so clearly. But whereas Colton's working to find ways to improve how it both communicates and just as importantly listens to the public which after all elects these politicians, Riverside's doing the opposite once again letting another city set the mark for the Inland Empire.





The library and museum in downtown Riverside must be partners in the proposed renovation of both of them. So wrote Metropolitan Museum Board member Norton Younglove, who supports the city's proposal to combine the two projects into one, a move that's ran into a lot of opposition from city residents.



(excerpt, Press Enterprise)



Since the initial presentation by the project architects in January, the museum and library board members have not had the opportunity to sit together and roll up our sleeves to discuss what services, programs, exhibits, activities and operations are needed at each institution. Since both share similar core objectives, have distinctive and prominent locations downtown and are needed to educate the public, it only stands to reason that we should explore how we can leverage the best that both have to offer.

Should the need arise for a capital campaign to raise funds, each institution has a better chance of achieving a set financial goal by working with the other. As partners, the possibility of success increases and the community then wins.

But divided each may fall short of expectations and the community would lose. With the continued support of our mayor and council, active participation by both boards and community involvement, we could create something unique that would be an example to the nation of community collaboration and pride.

Let's take advantage of this opportunity to step out of the box and be visionaries. Let's take the time to amicably discuss the services, programs and activities each institution has to offer and work together with city leaders to create a cultural destination that will inspire future generations.





For those following this situation, it's important to keep doing so, attending meetings of the Board of Library Trustees and the Metropolitan Museum Board and keep contacting the elected officials in Riverside.





The San Bernardino Police Officers' Association has started its youth program in that city. The Police Activities League began operating in three community centers.



(excerpt)


Saturday morning, it meant that off-duty officers were in the same gym as city children, playfully boxing and wrestling with each other.

"The officers are having fun, and when they get tired they need a drink of water just like the kids," said Terrance Stone, president and chief executive officer of the Young Visionaries Youth Leadership Academy. "The kids are seeing the officers as people who have a job to do. They're seeing each other's human side."





The police department, union and community are hoping that these programs will build better ties between all three entities. The city provided $75,000 in funding to institute it.






Gil Navarro, who's run for quite a few elected positions in Riverside including city council is running for state assembly in Rialto. His comments on race have created some controversy.






In New York City, the trial of three officers charged in the onduty shooting of Sean Bell is set to begin on Monday.


It will be a trial by judge after the officers failed to get the trial moved out of Queens.



(excerpt, Associated Press)



"I feel like I need to know. I need to know why this happened," said Paultre Bell, who had her name legally changed after her fiance's death. "I wake up one day and my world is turned upside down. I have to know why this happened; my family deserves to know."

Police union officials and defense lawyers have said the detectives believed Bell and his friends were going to get a gun, though no weapon was found. The officers opened fire after the car the three men were in lurched forward, bumped Isnora and slammed into an unmarked police minivan, authorities said.



Bell's fiancee is expected to be the first witness to testify for the prosecution.



More coverage here.



Newsday


New York Daily News





In the New York Times




Focus might be on first two of 50 bullets fired


A precinct's hard road back


Trial judge has seen it all before


City Room: What to look for in the trial