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UPDATES PPR #29 May 2003 Off-Duty Beating Whistleblower Punished In the case involving two off-duty officers who beat a man in a street fight (see PPR #27), an investigation into officers' actions to cover up the criminal act has resulted in discipline--including a five-day suspension for the whistleblower who brought the whole thing to light. Sgt. Dirk Anderson, according to a revealing front-page March 8th Oregonian article, went to great lengths to remain anonymous when filing his complaint with the Independent Police Review Division (IPR). This included purposefully spelling words wrong, calling the police names, and never touching the paper so as to avoid leaving fingerprints. It is a common misperception that the IPR will conduct independent investigations. However, every single case it has handled since its inception in January 2002 has been turned over to Police Internal Affairs detectives for scrutiny. IPR Director Richard Rosenthal did "sit in" on this investigation (which was first treated as a criminal investigation resulting in the prosecution and resignation of the officers, Bailey and Hampton), but he probably couldn't have handled the case himself once Anderson's identity became known. The IPR cannot, by City Ordinance, accept complaints from Bureau members. The Oregonian states that after Anderson, a 22-year veteran of the force, fessed up, he was transferred out of Central Precinct for protection. Nonetheless, his name got out and "officers began to shun him." The discipline is being imposed because Anderson did not challenge his supervisor, Lt. Gabe Kalmanek, when the Lieutenant asked officers not to write reports, but only to record the incident in their notebooks the night it happened. In February last year, the PPB also proposed discipline on Officer Liani Reyna, who blew the whistle on sexual misconduct in the SERT unit (see PPR #26). Perhaps the time has come for the City to consider a whistleblowers' protection ordinance.
Altered Records Draw More Attention in Officer Domestic Dispute Case An internal investigation continues after a criminal investigation cleared the civilian Police Bureau employee who altered a file to downgrade Officer Michael Pimentel's domestic dispute to a "noise disturbance" (see PPR #28). Deborah Haugen, who changed the file after being pressured by Sergeant Charles Brown and by Pimentel himself, told detectives she "forgot" to note that she had changed the file, and had done so because the alleged victim, Pimentel's girlfriend, had called the incident "a big nothing." Pimentel blocked the woman from exiting a car during an argument and flashed his badge to keep bystanders from observing the scuffle. A careful reading of the January 24 Oregonian story on this development revealed to Portland Copwatch a new layer of secrecy in the Bureau: a locked filng cabinet which holds information about alleged misconduct by officers. It is unclear whether the "Independent" Police Review Division has access to this cabinet. As to the nervous calls from Brown and Pimental to recategorize the incident, Haugen attributed them to "paranoia" about being listed in any investigative file. Stacy Heyworth from the D.A.'s office wrote off the involvement of Haugen and other Bureau members as "mistakes." We wonder if the perpetrator had not been a Police Bureau employee if such "mistakes" would have been considered negligable, since state employees in the family services division seem to be getting fired for incidents involving errors-- as opposed to what could be considered active cover-ups.
PPB Expands Arsenal of Tasers
After a six-month pilot program in which the PPB itself evaluated the "effectiveness" of Taser use
among Portland police officers, the Bureau decided to acquire 40 more less-than-lethal "electric
guns," at a cost of $399 each. At the March 3 meeting of the "Chief's Forum: A Citizen and Police
Committee Advising the Portland Chief of Police," Chief Kroeker introduced the decision as "the
latest expansion of Portland tools available to police officers out there on the streets." This decision
was reached without prior public debate--or input from the Forum itself.
Tasers are "conducted energy weapons" manufactured by Taser International (see PPRs #
27 & 28). Officer Tom Forsyth described the weapon as "proven to be
non-injurious, but has a
profound psychological and physiological effect ... [because it] interrupts the central nervous
system." The weapon, which has grown from a 7 watt device to 26 watts (50,000 volts/.162 amps,
says Forsyth) in order to paralyze "deeper skeletal muscles," supposedly leaves only a small
inflamed wound "that looks like a bee sting."
When questioned about possible deaths of people shot with Tasers, Forsyth said none were
"attributed to the use of the Taser." Without explaining the distinction, he said this conclusion was
stated in a "report" and not necessarily arrived at after "studies."
The Bureau reports that there have been four Internal Affairs complaints about the use of Tasers out
of 122 uses. Only 55 percent of total incidents were against caucasian suspects in a city that is 77%
white.
Police guidelines allow officers to use Tasers on people who engage in or display the intent to
engage in 1) violent, aggressive actions, 2) suicidal behavior, or 3) physical resistance to lawful
police action. The second scenario may be an inhumane criterion. The last scenario is broad enough
to mean police can use it on any person engaged in civil disobedience.
Forsyth said this is a technology that will allow officers to "resolve situations out on the street."* He said the police "would like to have every officer have a Taser." Since
Tasers are not supposed to be used either against people with epilepsy (like José Mejía, whose
death prompted their use in Portland!) or as torture devices (there have been several reports of
multiple uses on a single suspect), we hope this does not come to pass.
*Both Kroeker and Forsyth used the term "out on the street,"
perhaps to reinforce the perceived dangers that are being used to justify the use of Tasers.
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May, 2003
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#29 Table of Contents
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