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E-mail StoryJustice Department exonerates BPD
Investigation reveals 'no constitutional issues'
| Wednesday, Jan 30 2008 10:05 PM
Last Updated: Wednesday, Jan 30 2008 10:18 PM
A 41⁄2-year federal investigation has cleared the Bakersfield Police Department of any wrongdoing after people complained about officers using excessive force and racial profiling.
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Bakersfield Police Chief Bill Rector discusses the recent closure of the United States Department of Justice Review of the Bakersfield Police Department, Wednesday at the downtown police station during a news conference.
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"There were no constitutional issues," Police Chief Bill Rector said Wednesday at a press conference. "I repeat that, no constitutional issues."
The U.S. Department of Justice said in a written statement, "we are pleased that our concerns have been appropriately addressed and the matter is now closed."
The Department of Justice began investigating the police department in 2003 after it received complaints of BPD's use of deadly and non-deadly force and allegations of discriminatory policing practices, according to BPD Sgt. Greg Terry. The Justice Department did not reveal details of the complaints to the police department.
From August 2002 to August 2003, there were 47 complaints against Bakersfield police officers and six were related to race. Police found four had merit, none related to race.
Bakersfield attorney Kathleen Faulkner said reports of racial profiling by the police department were rampant at that time.
In July 2003, federal officials began interviewing police command staff, people who were believed to be subjected to police misconduct and lawyers and community leaders who had dealings with the police department. Clerks made copies of arrest reports, subject contact and officer-involved shooting investigations from August 2002 to August 2003. Hundreds of thousands of pages of documents were shipped to Washington, D.C., and attorneys also provided complaints of excessive force and racial profiling by BPD officers.
BPD was one of four police departments in the country being investigated by the Department of Justice at that time, according to Rector.
As the department was put under a magnifying glass, it was also investigating the brutal murder of Joanie Harper; her three children, Marques, Lyndsey and Marshall; and Joanie Harper's mother, Earnestine.
"At the time, I was shocked (at the federal investigation)," then-Police Chief Eric Matlock said. "Our plate was full."
In April 2004, the Department of Justice suggested policy changes in a 19-page letter to the police department. BPD began making changes in its use-of-force manual, and wrote policies regarding chemical agents, shooting at moving vehicles, officer-involved shootings and deploying K9s.
The Department of Justice reviewed the police department's changes and informed BPD this year that there were no constitutional issues.
"It's an outstanding result," Bakersfield Mayor Harvey Hall said. "It's also an endorsement of the positive work that the Bakersfield Police Department does each day for our community."
Despite the positive feedback from the Justice Department, Faulkner said she gets calls of police misconduct every day. She said she could not comment directly on the federal report because she has not read it.
"Things have improved," Faulkner said about BPD. "I do believe we need a separate investigative arm of the citizens to look into police situations."
Kern County District Attorney Ed Jagels said the police department should not have been under such a review in the first place.
"The criticisms were hyper-technical and the scrutiny began because of a barrage of complaints deliberately and unfairly given by the criminal defense bar," Jagels said. "I am pleased the review has ended but annoyed it began in the first place."
Rector said the police department will continue to evaluate its policies and practices. He said there are systems in place to ensure policies are being followed.
"It's one of those things I never want to have to do again," Rector said. "But, I'm glad that we did it because it did make us a better police department."
KEY POLICY CHANGES
All of these were department practices before the investigation, Terry said, and they have now been written into department policy.
Creation of use-of-force manual and reporting system
All rules on use of force for officers have now been compiled into a manual. The reporting system is now more defined. For example, when an officer uses force at a scene, the sergeant makes a report that is put into a system, according to Chief Bill Rector.
Use of chemical agents
The department added a written policy dictating that pepper spray may only be used closer than three feet from the subject under extreme circumstances. And it added a written policy on decontaminating someone after they get pepper-sprayed, said Sgt. Greg Terry.
Shooting at moving vehicles
Officers should not put themselves in the path of a moving vehicle that creates the necessity to shoot at a vehicle, according to Terry.
Internal affairs investigative protocols
The internal affairs section and detective division investigate officer-involved shootings. One department used to investigate officer-involved shootings.
Canine deployment language and reporting
An officer with a K-9 must warn a suspect before releasing the dog.
Investigation timeline
• July 2, 2003: U.S. Department of Justice begins an investigation into the practices of the BPD.
• July 17, 2003: DOJ attorneys meet with the city attorney, city manager and police chief.
• July 29, 2003: BPD sends these documents to the DOJ: operations manual, training records, memorandums of understanding and advanced officer training records.
• Aug. 26, 2003: DOJ requests records of Bakersfield police activity from August 2002 to August 2003.
• Sept. 24-26, 2003: DOJ attorneys and police practice experts interview the chief of police, police command staff and other department personnel and go on ride-alongs with officers.
• Oct. 1, 2003: BPD sends more documents the DOJ requested.
• April 12, 2004: Initial response from DOJ with suggested policy changes.
• April 27, 2004: BPD Chief Eric Matlock responds to DOJ with proposed policy changes.
• March 23, 2005: BPD sends a letter to DOJ about the actions that have been taken.
• May 5, 2005: DOJ attorneys interview BPD personnel about force and canines.
• Aug. 22, 2006: DOJ requests additional documents to review practice since policy changes. They ask for reports on all use of force, officer involved shootings, critical incidents and pursuits from April 1, 2006 through June 30, 2006.
• Sept. 5, 2006: More reports sent to DOJ.
• January 2008: DOJ requests clarification of three remaining policy concerns and tells BPD there are no constitutional issues resulting from the investigation. The DOJ notifies BPD that the matter is closed.
Source: Bakersfield Police Department