Skip to main content

New top story from Time: Derek Chauvin Was Just Sentenced to 22 and a Half Years. But America’s Law-Enforcement System Still Isn’t Set Up for Accountability

https://ift.tt/3qzaLLK

A Minneapolis judge on Friday sentenced former police officer Derek Chauvin, for the murder of George Floyd last May, to 22.5 years in prison—a rare event in the nation’s criminal justice system, and one that many will regard as the end of a gruesome chapter in the American story.

Yet this moment also highlights a disturbing truth about policing and accountability, one that remains unresolved: prior to killing George Floyd, Derek Chauvin was one of a substantial number of officers who have been the subject of repeated civilian complaints but never faced serious discipline from their departments. The early warning signs of dangerous police conduct often go unheeded, police-reform advocates argue, and the officers involved are rarely punished and even more rarely face prison time. Even Minneapolis, the city perhaps most closely associated with public demands for policing reform, has, in the 13 months since Floyd’s killing, taken steps to curtail public knowledge of repeat officer misconduct. So, while Friday’s sentencing may represent a rare example of criminal penalties, the most severe form of officer discipline possible, it does little to address the existence of policing systems across the country that are not set up to head off problems before they get to that point.
[time-brightcove not-tgx=”true”]

“I think there will be a sense of closure, which is worth something; a sense of accountability this one time, which is worth something,” says Abigail Cerra, a former public defender and one-time lawyer in the city’s Civil Rights Office who now works in the private sector and volunteers on the city’s Police Conduct Oversight Commission. (The views she shared in an interview days before Chauvin’s sentencing, she stressed, are her own and do not represent the commission.) “[But] given that I sit in the space of oversight … at this moment I feel really concerned. I don’t feel that hopeful.”

Read more: George Floyd’s Family Reacted to the Verdict With an Uncontrollable Cry. That Sound Echoes Through Black America

Over the course of his 19-year police career, Chauvin was involved in multiple shootings and was the subject of at least 17 civilian complaints. State prosecutors, who can seek court orders forcing the department to produce a wider array of records, have referred to as many as five additional civilian complaints filed against Chauvin, some involving allegations of neck restraints and excessive force. However, in response to the 17 complaints city officials acknowledged in a summary provided to TIME and other media outlets, Chauvin had received only two letters of reprimand, which in Minneapolis are considered a form of discipline.

Weeks after Chauvin’s conviction in state court for the Floyd murder, federal officials charged him with criminally violating the civil rights of both Floyd and a 14-year-old boy Chauvin is alleged to have restrained and beat in 2017. The complaint the boy’s family filed at the time resulted in no discipline. Had the 2017 complaint been escalated beyond that, Chauvin might have been formally warned that a repeat would put his job in jeopardy or that he might be prosecuted. With the benefit of hindsight, it is easy—and still so difficult—to imagine a world in which Derek Chauvin would have been deemed ineligible to police, much less to train other officers, years before his contact with Floyd.

“What it really says is … there was just a lack of discipline in the Minneapolis police department,” says Samuel Walker, an emeritus Professor of Criminal Justice at the University of Nebraska at Omaha, who was commissioned several times to conduct national research on policing for the U.S. Department of Justice. “He kept getting off the hook. It’s pretty shocking to look at that record.”

In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Â Friday, June 25, 2021 in Minneapolis. Â Chauvin faces decades in prison in the death of George Floyd.
Pool photo by Court TV/APIn this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Friday, June 25, 2021 in Minneapolis.

Lax discipline, a problem in departments across the country, contributes to a culture in which officers believe that misconduct will be tolerated, says Walker. It’s so common it’s almost a cliche but, evidence of culture problems often shows up in the shorthand of department nicknames and insider lingo, he says. In the 1990s, Walker spent time in the Minneapolis area conducting research; he remembers Minneapolis police being referred to as “thumpers.” Even the then police chief used the term in conversation with Walker, he says. Cerra says she has also heard the term used today to refer to specific Minneapolis police officers who often use brute force.

Since Floyd’s death, Minneapolis officials, including the city’s first Black police chief Medaria Arradondo and Mayor Jacob Frey, have publicly welcomed an ongoing Justice Department investigation, supported restricting use of no-knock warrants and non-lethal rounds during protests, added detail to the department’s duty-to-intervene policy, created a duty to report excessive uses of force to the department, and banned chokeholds and neck restraints, among other actions. They established a special medical training unit for officers providing focused training on the deadly risks of restraining people in the prone position, long after first agreeing to do so in a 2013 settlement with the family of another Black man killed by Minneapolis police, David Smith.

But, during that same period, city officials have also more quietly changed language in the police department’s policy manual. City officials denied to TIME removing the requirement that “discipline shall be imposed” when evidence of misconduct is found, but an archived online copy of the manual includes the phrase; the latest version instead says conduct violations “will subject the employee to discipline and/or legal action.” And, public records show they debated in August and September 2020, after Floyd’s death, whether “coaching”—usually requiring a single meeting in which the problem behavior is discussed and alternatives made clear—is discipline, and the risks and benefits of putting coaching on the non-discipline side of the ledger. The most recent version of the police department manual now spells out explicitly that coaching is a “non disciplinary management tool,” “not discipline.”

What may sound like bureaucratic minutiae matters.

Most years, the overwhelming majority of civilian complaints determined to be true are resolved with coaching then marked as resolved with no discipline. The details of incidents that end in coaching or other forms of non-discipline are not a matter of public record. No Minneapolis officers, for example, have yet been officially disciplined for force used against peaceful protesters after Floyd’s death, says Cerra. And, she says, ever since the fact that coaching is not discipline was spelled out, some city officials refused to provide the kind of detailed complaint data that commission members had previously been able to review. As a result, the public and the volunteer police oversight board will now have a harder time identifying problem policing patterns.

The police conduct commission—which, while it cannot discipline officers, can conduct investigations, make recommendations, create or change policies or lobby lawmakers—did not meet for five months last year. First the pandemic caused delays. Then, when a resignation on the oversight commission left the body without its legally required number of members, no appointment was made for months.

Read more: Inside Ben Crump’s Quest to Raise the Value of Black Life in America

In the 13 months since Floyd’s death, it has also become clear that some city lawyers did not, over the course of Chauvin’s career, turn information or allegations about Chauvin’s conduct over to defense lawyers in various cases, Cerra says. This allowed Chauvin and other officers with similar histories to testify in court without being questioned about their history.

To Cerra, if that’s what’s happened in Minneapolis, a city at the epicenter of the nation’s civil rights crisis, the same or worse is possible elsewhere. Last year, a New York Times analysis found that the New York Police Department “reduced or rejected recommendations for stiff discipline of officers in about 71 percent of 6,900 significant misconduct matters.” And a Los Angeles Times evaluation of complaint data found that of the 3,763 complaints filed against Los Angeles police officers in 2019, only about 10% were deemed valid. When the paper looked only at complaints filed by civilians, just 4% were deemed valid.

Cerra has been left, even as Chauvin is sentenced, with a haunting question.

“How many Derek Chauvins are still working?” Cerra says she wonders. “There’s no way he’s the only one. And if we don’t open up the books and try to figure it out … we’re all in a lot of trouble. It’s just a matter of time until it happens again.”

— with reporting by Mariah Espada and Simmone Shah

Comments

Popular posts from this blog

As the city gradually reopens, mechanical street sweeping enforcement is set to resume

As the city gradually reopens, mechanical street sweeping enforcement is set to resume By Mayor London N. Breed and the San Francisco Municipal Transportation Agency (SFMTA) today announced that the City will resume enforcement for parking violations related to street sweeping beginning on Monday, June 15. Mayor Breed had announced on March 17 that SFMTA would not ticket for street sweeping following the Stay Home Order for COVID-19 in order to allow people to stay home without worrying about receiving a parking ticket. While the City had still encouraged people to move their vehicles if they could, street sweeping crews from San Francisco Public Works continue to see a large number of vehicles failing to do so, as many as 18,000 per day. Resuming enforcement for mechanical street sweeping is necessary to ensure that streets remain clean as the City begins to allow more businesses and activities to resume. “At the beginning of the Stay Home Order we wanted to ensure that people wh...

New top story from Time: Sunisa Lee’s Incredible Journey to a Historic Olympic Gymnastics All-Around Gold Medal

https://ift.tt/3zRsjGq The women’s gymnastics all-around final at the Tokyo Olympics was the coronation everyone expected it to be. Only the star was different. After Simone Biles withdrew from the competition to prioritize her mental well-being, American Sunisa Lee stepped into the gaping void left by her iconic teammate and stepped up to win her first gold medal and Team USA’s fifth straight in the event. With a steely calm, the 18-year-old Minnesotan leaned on her consistent execution and a spectacular uneven bars routine—the hardest of any gymnast competing—to triumph in a competition that until days before had seemed a foregone conclusion. [time-brightcove not-tgx=”true”] The absence of the defending gold medalist opened the door for the rest of the field, including Americans Lee and Jade Carey, who replaced Biles . “We were all coming in to compete for second place,” said Lee. “I just had to switch gears. I feel like the whole season I was second to her, so when th...

New top story from Time: Who’s Ariarne Titmus? The Australian Swimmer’s Rivalry With Katie Ledecky Has Captivated Olympics Fans

https://ift.tt/3fdGe1v Before this week, many people knew Katie Ledecky as one of the most dominant names in swimming for the last decade. So they might have been surprised by the success of Australia’s 20-year-old Ariarne Titmus during the 2020 Tokyo Olympics, who has now bested Ledecky twice to snatch gold medals. In Tokyo, Titmus’ rivalry with Ledecky has been one of the most captivating parts of the Tokyo swimming program. The rivalry between the two star swimmers dates back to the 2019 world championship, when Titmus became the first woman to beat Ledecky at the international level. They’ll have one more chance to race in Tokyo, this time in the 800-m freestyle on July 31. She isn’t the favorite this time, however. Ledecky is undefeated in the 800 m, holding the fastest 24 times in the event’s history as well as the world and Olympic records, which she set during her winning race at the 2016 Rio de Janeiro Olympics . [time-brightcove not-tgx=”true”] Titmus, who gre...

Gene Henderson: Honoring Muni’s First Black Division Manager

Gene Henderson: Honoring Muni’s First Black Division Manager By Jeremy Menzies In recognition of Black History Month, we bring you the story of Gene Henderson, the first Black man to become the head of a Muni bus division, Muni’s Kirkland Division. Henderson’s Background Gene Henderson was born in Houston, Texas, in 1916. He married his wife Naomi in 1939 and then served in the U.S. Army during World War II. Following the war, Gene and his family moved to San Francisco where he began his career at the San Francisco Municipal Railway. Early Career On February 1, 1946, Henderson was hired as a streetcar motorman out of Sutro Division, which was located on the corner of 32nd Ave. and Clement St. He was hired just five years after Muni’s first Black transit operator, Audley Cole, had successfully fought to integrate the carmen’s union in 1941. In his early days at Muni, Gene worked one of the three lines running out of Sutro Division from the Ferry Building to the Richmond District o...

FOX NEWS: Couple married for 73 years die hours apart: 'God was up to something' Wanda and James “Jim” Wold passed away last Tuesday within hours of each other.

Couple married for 73 years die hours apart: 'God was up to something' Wanda and James “Jim” Wold passed away last Tuesday within hours of each other. via FOX NEWS https://ift.tt/2UTUNQG

New top story from Time: Matt Damon Shines in Stillwater, an Uneven Thriller Inspired by a Real-Life Murder Case

https://ift.tt/3iYwyJq In Tom McCarthy’s somber thriller Stillwater, Matt Damon plays the ultimate ham-fisted American in France, doing such a good job of it that he helps disguise the flaws of this sometimes compelling but often frustrating movie. Damon plays Bill Baxter, an out-of-work Oklahoma oil-rig worker who travels to Marseille to visit his estranged daughter, Allison ( Abigail Breslin ), who’s serving a prison sentence there for a murder she claims she didn’t commit. Though he speaks no French and is generally known to make a mess of things, Bill attempts to investigate new evidence in Allison’s case, drawing a local single mom, Virginie (Camille Cottin), and her young daughter Maya (Lilou Siauvaud) into an increasingly tangled net. [time-brightcove not-tgx=”true”] Stillwater was loosely inspired by the case of Amanda Knox —who spent nearly four years in an Italian prison after being convicted of the 2007 murder of a fellow exchange student—though the movie foll...

New top story from Time: Watch TIME’s Exclusive Footage of NASA’s Most Powerful Rocket Ever Under Construction

https://ift.tt/3xqnVOf Rockets are built slowly—slowly and exceedingly carefully—which is in keeping with giant machines on which humans stake their lives and nations stake their prestige. In NASA’s cavernous Vehicle Assembly Building at Cape Canaveral, America’s next great moon rocket—the Space Launch System (SLS)—is being constructed with all that in mind. It is here too that TIME set up half a dozen cameras over the course of two months, capturing 3 million images for a time-lapse video that makes it possible to compress those months of work into just a few kinetic minutes. Under the eyes of the cameras, the rocket’s twin solid-fuel boosters came together—each of them 177 feet tall, weighing 1.6 million pounds and generating 3.6 million pounds (1.6 million kg) of thrust. Twenty-five percent taller than the solid boosters on the space shuttle, the twin engines are made of five separate segments, compared to the shuttle’s four. When they are completed, they will be attached ...

New top story from Time: Militarized Feds Will Stay in Portland Until Attacks on the Federal Courthouse End, U.S. Attorney Says

https://ift.tt/305Lo8I (PORTLAND, Ore.) — U.S. militarized officers will remain in Portland until attacks on a federal courthouse cease, a top official said Monday after another night of violence. And more officers may soon be on the way. “It is not a solution to tell federal officers to leave when there continues to be attacks on federal property and personnel,” U.S. Attorney Billy Williams said. ”We are not leaving the building unprotected to be destroyed by people intent on doing so.” Local and state officials said the federal officers are unwelcome. Meanwhile, the mayors of Portland and five other major U.S. cities appealed Monday to Congress to make it illegal for the federal government to deploy militarized agents to cities that don’t want them. “This administration’s egregious use of federal force on cities over the objections of local authorities should never happen,” the mayors of Portland, Seattle, Chicago, Kansas City, Albuquerque, New Mexico, and Washington ...

New top story from Time: The Fight for a $15 Minimum Wage Is Our Selma 

https://ift.tt/37oF2Ez After the public lynching of George Floyd last summer, his cry of “I can’t breathe” galvanized a movement for Black lives that won majority support among Americans . Floyd wasn’t the only one gasping for breath. While Americans watched a police officer choke the life out of Floyd, we also witnessed Black Americans contracting a deadly respiratory disease at three times the rate of our white neighbors , according to an August report from the National Urban League. The growing public consensus that we as a nation must address systemic racism has led to serious soul-searching in families, churches, universities, corporations and political life. But just as the Selma campaign became a symbol during the civil rights movement of the need for legislation to expand voting rights, the $15 an hour minimum wage proposal in Joe Biden’s American Rescue Plan represents the possibility that our government can take decisive action to make racial justice real tod...

New top story from Time: Biden’s Climate Summit Launches the World into a Climate Sprint

https://ift.tt/3gAKU2L Last year, as the COVID-19 pandemic raged, leaders around the world pledged that when the public health crisis lifted they would rebuild the economy with climate in mind . But as the pandemic dragged on, so too did any expectation that we might know whether leaders had actually stepped up to meet the challenge. Now, after months of fits and starts, this week’s White House climate summit marks the beginning of what is sure to be a long slog for countries to deliver on those promises. “This summit is our first step on the road we’ll travel together,” Biden said on Thursday, alluding to the series of summits and conferences that will culminate in the landmark UN Climate Change conference scheduled for November, “to set our world on a path to a secure, prosperous, and sustainable future.” Over the course of the day on Thursday and Friday, dozens of government heads from across the globe promised aggressive action on climate change, from commitments to s...