BY RAUL HERNANDEZ
In a scathing report, the U.S. Department of Justice found that Ferguson police and courts “routinely” violated the constitutional rights of blacks through illegal arrests, police stops and criminal charges, according to a report made public today
City officials were using police as a “collection agency” to raise money through arrests and charges against blacks to raise revenue for the municipal coffers, money used to operate the city, according to the investigative report.
The report also listed several racist emails sent by “current employees” against blacks and Muslims, including one that compared the president of the United States to a chimpanzee.
Attorney General Eric Holder publicly announced today the department’s findings, conclusions, and recommendations surrounding the “disturbing and unconstitutional” practices Ferguson Police Department and the courts.
In another report, the Department of Justice concluded that its investigation does “not support” the filing of federal charges against Ferguson Police Officer Darren Wilson who shot Michael Brown seven months ago, said Holder.
He said the thorough investigation included the canvasing of 300 residences to look for additional witnesses to the shooting. The investigation is outlined in an 87-page report.
“I urge you,” Holder said. “I urge you to read this report in full.”
But that it is understandable why the “perceptions” of many Ferguson residents might not have been accurate in the Brown shooting, saying that the widespread use of unconstitutional patterns and policies, which he described as “toxic,” were all too “real” for them.
Ferguson has a population of more that 21, 000 people.
Holder said it is now time to Ferguson leaders to take immediate and “wholesale” and corrective actions.
“The report we have issued and the steps we have taken are only the beginning of a necessarily resource-intensive and inclusive process to promote reconciliation, to reduce and eliminate bias, and to bridge gaps and build understanding.” Holder said.
Ferguson Mayor Responds to Report
In a prepared statement, Mayor James Knowles said three officers were responsible for the racist emails – one has been fired and two are on “administrative leave” awaiting the outcome of an investigation, which in September 2014,
“These actions taken by these individuals are in no way representative of the employees of Ferguson,” the mayor said today. “We must do better, not only as a city, but as a state and a country.”
Knowles said the city has cooperated with the Justice Department during the past six months. He said one officer who is black has been hired. Two clerical positions were filled by black females, Knowles said.
In addition, he said police began an police Explorer program to work with the school district. There will also be a civilian oversight board to review complaints and provide input to the Ferguson Police Department.
Also he said there are reforms taking place at the city’s municipal court.
Knowles who had denied that there was racism existed in Ferguson declined to answer questions from reporters.
Police Chief Tom Jackson didn’t show up at today’s press conference.
Ferguson “Routine” Police Practices
Ferguson police “routinely” stopped people without reasonable suspicion, violating constitutional rights and arresting them without probable cause and using unreasonable force against them, Holder said.
“They interfered with the right to record police activity,” said Holder. “They make enforcement decisions based on the way people express themselves. Many of these constitutional violations have become routine.”
Adding, “It’s become common practice for officers in Ferguson to stop pedestrians and to request an identification for no reason at all.”
The Justice Department’s explosive report included reviewing 35,000 pages of police records along with interviewing city, police and court officials. In addition, there were hundreds of in-person and telephone interviews and analyzing data of stops, searches and arrests.
Ferguson’s “Collection Agency”
Holder said black residents were being used as a source of revenue through arrests and fines for Ferguson to operate the municipality. Holder said city officials used the police department as a “collection agency.”
“Rather than as a law enforcement entity focused primarily on maintaining and promoting public safety,” said Holder.
This resulted in police charging suspects with “multiple violations” simply to pump up the fines and court fees for the city, according to Holder.
“Three or four charges for a single stop is considered fairly routine,” said Holder. “Some officers even competed to see who could issue the largest number of citations during a single stop. At least one incident rose as high as 14.”
Minor code violations can result in multiple arrests, according to Holder.
For example, he said a woman got two parking tickets that totaled $150. The woman, so far, has paid $550 on these tickets and has been arrested twice for having unpaid tickets, Holder.
“And, she has spent six days in jail,” said Holder. “Today, she still owes Ferguson $541, and her story is one of dozens of similar accounts that our investigation uncovered.”
He noted that in 2010, Ferguson collected more than $1.3 million in fines and fees. In 2015, Ferguson expected the city budget to exceed $3 million dollars in fines and fees.
“Double the total from five years prior,” he said.
Adding that conversations with Ferguson police, indicated that they were under pressure to generate fines and fees for the city.
“Significant pressure is brought to bare on law enforcement personnel to deliver on these revenue increases,” said Holder.
He said the justice system in Ferguson is “primed” for maximizing revenues.
The Ferguson municipal court handles most charges brought by Ferguson police, and does so not with the primary goal of administering justice or protecting the rights of the accused, but of maximizing revenue, according to the Department of Justice report.
“The impact that revenue concerns have on court operations undermines the court’s role as a fair and impartial judicial body,” the report stated.
The “Pedophile” Arrest by Ferguson Officer
Many of the encounters that residents had with police frequently and rapidly escalated and “end up blatantly and unnecessarily crossing the line.”
“During the summer of 2012, one Ferguson police officer detained a 32-year-old African American who had just finished playing basketball,” said Holder. “The officer approached the man while he was sitting in his car. The car windows appeared to be more heavily tinted than Ferguson’s code allows. So the officer did have legitimate grounds to question him.”
Adding, “but for no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him to get out of his car for a pat down search, even though he had no reason to suspect that the man was armed. And, when the man objected citing his constitutional rights, the police officer drew his service weapon , pointed it at the man’s head and arrested him on eight different counts.”
The man lost his job as a result of all this, according to Holder.
‘Unfortunately, this even appears to be anything but an isolated incident,” said Holder.
Holder said Ferguson police often escalate rather than diffuse incidents with residents they encounter while on patrol.
People have been arrested in Ferguson for talking back to officers or recording their public activities, Holder said. He said recording police activities is “absolutely vital” for “effective policing.”
Use of Excessive Force
Ferguson’s use of tasers was found to be unconstitutional, abusive, and dangerous, Holder said.
“Records show a disturbing history of using unnecessary force against people with mental illness,” said Holder.
Ninety percent of the use of excessive force by Ferguson police is against blacks, according to a Patterns and Practices report on Ferguson.
He called this a “deeply alarming” statistic that points to the egregious conduct by police that “disproportionately” harm blacks in Ferguson.
“Our review of the evidence found no alternative explanation for the disproportionate impact on African Americans other than implicit and explicit racial bias,” said Holder. “No other basis.”
Blacks accounted for just over 85 percent of all traffic stop by Ferguson police, he said.
“African Americans were twice as likely to be searched during these routine stops,” Holder said. “Even though, they were 26 percent less likely to carry contraband.”
Between October 2012 and July 14, 2014, 35 blacks and no whites received five or more citations at the same time, Holder said. He said blacks comprised 85 percent of the total charges by police in Ferguson, where 67 percent of the population is black
“African Americans made up over 90 percent of those charged with a highly discretionary offense described as ‘manner of walking along roadway,'” Holder said. “The use of dogs by Ferguson police appears to have been exclusively reserved for African Americans. ”
The report states that Ferguson use of force review is particularly ineffectual.
“Force frequently is not reported. When it is, there is rarely any meaningful review. Supervisors do little to no investigation; either do not understand or choose not to follow FPD’s use-of-force policy in analyzing officer conduct; rarely correct officer misconduct when they find it; and do not see the patterns of abuse that are evident when viewing these incidents in the aggregate.
While Police Chief Tom Jackson “implemented new department policies” when he joined the police department in 2010, including on the use-of-force, these policies are routinely ignored, the Department of Justice report stated.
The Ferguson Police Emails
A number of emails by Ferguson police expressed racial and gender-slurs, adding some showed “grotesque” views and images of blacks in which they were seen as “the other,” Holder said.
The emails including the following, sent out by current Ferguson employees:
- A November 2008 email stated that President Barack Obama would not be
President for very long because “what black man holds a steady job for four
years.” - A March 2010 email mocked African Americans through speech and familial
stereotypes, using a story involving child support. One line from the email read:
“I be so glad that dis be my last child support payment! Month after month, year
after year, all dose payments!” - An April 2011 email depicted President Barack Obama as a chimpanzee.
- A May 2011 email stated: “An African-American woman in New Orleans was
admitted into the hospital for a pregnancy termination. Two weeks later she
received a check for $5,000. She phoned the hospital to ask who it was from.
The hospital said, ‘Crimestoppers.’” - A June 2011 email described a man seeking to obtain “welfare” for his dogs
because they are “mixed in color, unemployed, lazy, can’t speak English and have
no frigging clue who their Daddies are.” - An October 2011 email included a photo of a bare-chested group of dancing women,
apparently in Africa, with the caption, “Michelle Obama’s High School Reunion.” - A December 2011 email included jokes that are based on offensive stereotypes
about Muslim.
The Findings and Recommendations
The findings are laid out in the 100-page report that discusses the evidence and what remedies should be implemented to end the pattern or practice, officials said.
The findings include two sets of recommendations, 26 in total, that the Justice Department believes are necessary to correct the unconstitutional Ferguson police and Municipal Court practices:
- Changing policing and court practices so that they are based on public safety instead of revenue
- Improving training and oversight; changing practices to reduce bias
- Ending an over reliance on arrest warrants as a means of collecting fines.
The Michael Brown Shooting Investigation
The Department of Justice stated in the report that it had the burden of proving a crime was committed beyond a reasonable doubt.
Noting, “However, unlike state laws, federal criminal civil rights statutes do not have the equivalent of manslaughter or a statute that makes negligence a crime. Federal statutes require the government to prove that Officer Wilson used unreasonable force when he shot Michael Brown and that he did so willfully, that is, he shot Brown knowing it was wrong and against the law to do so. ”
The report concluded that Wilson didn’t violate federal law.
The report details, in over 80 pages, the evidence, including evidence from witnesses, the autopsies and physical evidence from the analysis of the DNA, blood, shooting scene and ballistics.
The report also explains the law as developed by the federal courts and applies that law to the evidence, according to officials.
The Ferguson police dept is no different than the federal government and the dept of injustice. They all abuse private citizens and business.
The IRS will fine me for not buying health insurance that I can’t afford. The private company, Hobby Lobby, is fined millions for not providing abortion aids.
And by the way, does anyone think white people in Ferguson don’t get tickets and pay court and traffic fines? Yes they do, and they don’t like it either. Its not a racial issue.