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So you will remember that when the City of Seattle...signed their Use of Force agreement with the United States DOJ when blogged about what the result would be in Portland and the results would appear more punitive and the community would demand more. Well here it comes !
This week Portland attorney and one who has been very successful in bringing litigation against the city showed up at the Portland City council addressing the next steps following the DOJ agreement. Kafoury and his son told the council needed to appoint a Citizen Review Committee, with subpoena power (p.s. if you check the blog on this issue you will see that prediction there), to hold hearing based on citizen complaints around the use of force. Make no mistake about it this would be a huge shift in the balance of oversight and final consequence between not jus the city and the police and the citizens but also in the criminal consideration of a case and the relationship with the District Attorney’s Office and the Grand Jury process.
and it doesn’t help when those who surround the issue are either poorly trained,poorly supervised, poorly led, and poorly represented
1) You know it is a funny thing about Search and Seizure and then arrest and the Fourth Amendment…you got to be careful….Especially when you have no probable cause, reasonable suspicion, or exigent circumstance. That is why 32 year old Jose Gasque won a $11,000 award from a jury against a Portland Police Officer. You will remember the discussion we had about the right to refuse a police officer request to search. Welllllllllllllll, are discussion was right on target and the jury award proves. (Officer:Tequila Thurman)
Let’s talk about the circumstances and why this particular case was a made to order tort claim, attitude over training and knee jerk response instead of a well trained reaction and a slam dunk for the jury. And what the story did say and didn’t say.
2) and if you wondered why the City of Portland has such a stellar win/loss then you need look no further than the case involving Sean Hartfield who was arrested outside by Portland Police of his business after an incident involving an unruly customer.
Let’s talk about why again when a police officer’s lack of controlled response, a lawful gun owner, bad legal advice,poor or no political leadership and trying circumstances come together the cops take another black eye .
Worse yet, why the City Attorney’s office would argue that if was ok that the officer handcuffed Hartfield, put him in the back seat, and read him his right because he was not really under arrest he was “just in custody”. (Officer Leo Besner)
By the way 1 and 2 above either go to 4th Amendment Search and Seizure and/or go to the heart of the use of force issues facing the City Of Portland. Lets talk about the nuances;
Let’s also talk about how could either of the cases go forward and become a public spectacle;
and both in the same week on the same day.
3) So, what’s first…for new Mayor and for practical effect the only Mayor Portland now has when it comes to Portland Police Bureau. He has huge problems, not the least of which is $25,000,000 budget hole in which he has been promised to provided my hundreds of thousand if not more additional revenue to fund the DOJ agreement. And this does not deal with the increasing cost of Portland Police agreed to by the City in approving the last police contract.
Le’t’s talk about getting it right and what the Mayor’s first three POINTS OF EMPHASIS must be and how those must be turned 180 degrees from where they are now if things are truly to change.
4) and the CHIEF CAN SMELL a problem with this career path and a new Mayor. The release this week of a video to his troops expressing support for their “difficult” work. After the last few months of the Frashour head banging with the union and questioning the honesty of his training officers….he can smell the “No Confidence Vote” or a direct hit from many sides and a direct launch from the PPOA.
5) and now that the election is over….looking for a cause to donate……
here is your opportunity..the JOHNSON BOYS….need yur help getting registered as sex offenders…..and is suing the City of Chicago in Federal Court.
So if you have an extra $100.00…dial 1800 “Save A Sex Offender
